Treaty-1785

Recovering the Past

Indian Treaties

During the 1780’s, the new American government contracted its final treaties with Native Americans of the trans-Appalachian interior, including the Wyandotte, the Delaware, and the Cherokee. The treaties were necessary to complete the peacemaking process at the end of the Revolutionary War, because most of the interior tribes had sided with England. The treaties were also intended to open Trans-Appalachia to white settlement.

The treaty texts, like the agreement below between the Congress and the Cherokee signed at Hopewell in November 1785, presented here, tell us a great deal about the issues that lay at the center of Indian-white relations during the 1780’s. What major issues did the treaty of 1785 attempt to resolve? Why were these issues important to Congress and the Native Americans?

A careful reading of the treaty language can also tell us much about the attitudes and values that white negotiators brought to the treaty-making process and provide hints of how that process functioned. Which phases in the treaty reveal how the Congress’s negotiators viewed their Cherokee counterparts? From the evidence of the treaty text, how would you characterize the treaty negotiations?

Treaty with the Cherokee, 1785[i]

Articles concluded at Hopewell, on the Keowee, between Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachlan M’lntosh, Commissioners Plenipotentiary of the United States of America, of the one Part, and the Head-Men and Warriors of all the Cherokees of the other.

The Commissioners Plenipotentiary of the United States, in Congress assembled, give peace to all the Cherokees, and receive them into the favor and protection of the United States of America, on the following conditions:

Article I

The Head-Men and Warriors of all the Cherokees shall restore all the prisoners, citizens 0 the United States, or subjects of their allies, to their entire liberty: They shall also restore all the Negroes, and all other property taken during the late war from the citizens, to such person, and at such time and place, as the Commissioners shall appoint.

Article II

The Commissioners of the United States in Congress assembled shall restore all prisoners taken from the Indians, during the late war, to the Head-Men and Warriors of the Cherokees, as early as is practicable.

Article III

The said Indians for themselves and their respective tribes and towns do acknowledge all the Cherokees to be under the protection of the United States of America, and of no other sovereign whosoever.

Article V

If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands… which are hereby allotted to the Indians for their hunting grounds, or having already settled and will not remove from the same within six months after the ratification of this treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not as they please.

Article VI

If any Indian or Indians, or person residing among them, or who shall take refuge in their nation, shall commit a robbery, or murder, or other capital crime, on any citizen of the United States, or person under

Their protection, the nation, or the tribe to which such offender or offenders may belong, shall be bound to deliver him or them up to be punished ac cording to the ordinances of the United States.

Article VII

If any citizen of the United States, or person under their protection, shall commit a robbery or murder or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the murder or robbery, or other capital crime, had been committed on a citizen of the United States.

Article IX

For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.

Article Xl

The said Indians shall give notice to the citizens of the United States, of any designs which they may know or suspect to be formed in any neighboring tribe, or by any person whosoever, against the peace, trade or interest of the United States.

Article XII

That the Indians may have full confidence in the justice of the United States, respecting their interests, they shall have the right to send a deputy of their choice, whenever they think fit, to Congress.

Article XIII

The hatchet shall be forever buried, and the peace given by the United States, and friendship reestablished between the said states on the one part, and all the Cherokees on the other shall be universal; and the contracting parties shall use their utmost endeavors to maintain the peace given as aforesaid, and friendship re-established.

In witness of all and every thing herein deter mined, between the United States 0 America and

All the Cherokees, we, their underwritten Commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed.

Done at Hopewell, on the Keowee, this twenty- eighth of November in the year of our Lord one thousand seven hundred and eighty-five.

Benjamin Hawkins,

Andy Pickens,

Jos. Martin,

L. McIntosh,

Koatohee, or Corn Tassel of Toquo, his x mark,

Scholauetta, or Hanging Man of Chota, his x mark,

Tuskegatahu, or Long Fellow of Chistohoe, his x mark,

Ooskwha, or Abraham of Chilkowa, his x mark,

Kolakusta, or Prince of North, his x mark,

Newota, or the Gritzs of Chicamaga, his x mark,

Konatota, or the Rising Fawn of Highwassay, his x mark,

Tuckasee or Young Terrapin of Alla joy, his x mark,

Toostaka, or the Waker of Oostanawa, his x mark,

Untoola, or Gun Rod of Seteco, his x mark,

Unsuokanail, Buffalo White Calf New Cussee, his x mark,

Kostayeak, or Sharp Fellow Wataga, his x mark, Chonosta, of Cowe, his x mark, Chescoonwho, Bird in Close of Tomotlug, his x mark,

Tuckasee, or Terrapin of Hightowa, his x mark, Chesetoa, or the Rabbit of Tlacoa, his x mark.

Witness:

Wm. Blount,

Sam’l Taylor Major.

John Owen,

Jess. Walton,

N. Cowan, Capt. Comm’d’t,

Thos. Gregg, 4

W. Hazzard,

James Madison,

Arthur Cooley, Sworn interpreters.