The 1785 Treaty with the Cherokee stands as a pivotal, albeit complex, moment in the early history of the United States and its relationship with the Cherokee Nation. Officially concluded at Hopewell, a location on the Keowee River, on November 28, 1785, this agreement sought to establish peace and define the boundaries between the newly formed nation and the Cherokee people following the American Revolutionary War. The treaty, signed by representatives of the United States and prominent Cherokee leaders, aimed to resolve outstanding issues related to land, prisoners, and trade, and to formally recognize the Cherokee Nation’s status under the protection of the United States.
Negotiation and Signatories
The negotiations leading to the 1785 Treaty with the Cherokee were conducted by Commissioners Plenipotentiary of the United States, specifically appointed by the Congress to represent the interests of the nascent nation. These commissioners included Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachlan McIntosh, each individuals with varying degrees of experience in dealing with Native American affairs. On the Cherokee side, the treaty was signed by a significant number of headmen and warriors, representing various towns and factions within the Cherokee Nation. Some notable Cherokee signatories included Koatohee (Corn Tassel of Toquo), Scholauetta (Hanging Man of Chota), and Tuskegatahu (Long Fellow of Chistohoe), among many others. The presence of so many Cherokee leaders underscores the importance the nation placed on the treaty, although the varying interests and perspectives within the Cherokee Nation would later contribute to challenges in its full implementation.
Key Provisions of the Treaty
The 1785 Treaty with the Cherokee encompassed thirteen distinct articles, each addressing a specific aspect of the relationship between the United States and the Cherokee Nation. These provisions can be broadly categorized into issues of peace, prisoner exchange, sovereignty, land boundaries, law and order, trade, and communication.
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Peace and Protection (Preamble and Articles 2, 3, and 13): The treaty begins with a declaration of peace from the United States to all Cherokees, receiving them into the "favor and protection" of the United States. The treaty explicitly states that all Cherokees acknowledge that they are under the protection of the United States of America, and of no other sovereign whatsoever. This assertion of sovereignty was crucial for the United States in establishing its dominance over the region and preventing other European powers from interfering in its relations with Native American tribes. Article 13 reinforces this concept, stating that the hatchet shall be forever buried, and that peace and friendship are re-established between the United States and all the Cherokees. It places responsibility on both parties to maintain this peace.
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Prisoner and Property Exchange (Articles 1 and 2): A key immediate concern following the Revolutionary War was the exchange of prisoners and the return of property taken during the conflict. Article 1 stipulates that the Cherokee were obligated to restore all prisoners, citizens of the United States or subjects of their allies, to their entire liberty. This article also requires the Cherokee to restore all enslaved Africans ("Negroes") and other property taken during the war to the appropriate persons, at a time and place designated by the U.S. Commissioners. Article 2 reciprocates by obligating the United States to 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.
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Boundary Definition (Article 4): One of the most significant and ultimately contentious aspects of the treaty was the establishment of a boundary line separating Cherokee hunting grounds from lands open to settlement by citizens of the United States. Article 4 meticulously describes this boundary, starting at the mouth of Duck River on the Tennessee River and proceeding along a complex series of geographical features, including ridges, rivers, and mountains, ultimately extending to the South Carolina Indian boundary. This boundary was intended to protect Cherokee lands from encroachment, but its complex nature and the ambiguity of some of the described features would later contribute to disputes and violations.
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Regulation of Settlement (Article 5): To enforce the boundary established in Article 4, Article 5 addresses the issue of unauthorized settlement. It declares that any citizen of the United States or other non-Indian person attempting to settle on lands westward or southward of the boundary would forfeit the protection of the United States. The article further states that the Cherokee may punish them as they see fit. However, a key provision of this article is a caveat regarding settlers already located between the forks of the French Broad and Holstein Rivers. Their particular situation was to be transmitted to the United States in Congress assembled for their decision, which the Indians agreed to abide by. This caveat illustrates the existing complexities on the ground and the challenges of implementing a clear-cut boundary.
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Law and Order (Articles 6, 7, and 8): Recognizing the potential for conflict between individuals of different nations, the treaty includes provisions addressing legal jurisdiction and the punishment of crimes. Article 6 stipulates that if a Cherokee or someone residing among them commits a robbery, murder, or other capital crime against a citizen of the United States, the Cherokee nation is obligated to deliver the offender to the United States for punishment. The punishment must not be greater than if the crime had been committed by a citizen on a citizen. Article 7 reciprocates, stating that if a citizen of the United States commits a similar crime against a Cherokee, they would be punished in the same manner as if the crime had been committed on a citizen of the United States. Further, the punishment must be carried out in the presence of some of the Cherokees, if any attend. Article 8 condemns the practice of retaliation against the innocent, stating that it is unjust and shall not be practiced on either side, except where there is a manifest violation of this treaty. Even in cases of treaty violation, a demand for justice must precede any declaration of hostilities.
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Trade Regulation (Articles 9 and 10): The treaty also addresses the critical issue of trade between the United States and the Cherokee Nation. Article 9 grants the United States in Congress assembled the "sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper." This provision effectively gave the United States significant control over the economic relationship with the Cherokee. Article 10 provides a temporary measure regarding trade until Congress decides how to handle it. It states that all traders, citizens of the United States, shall have liberty to go to any of the tribes or towns of the Cherokees to trade with them. They shall be protected in their persons and property, and kindly treated.
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Communication and Representation (Articles 11 and 12): Recognizing the importance of communication and mutual understanding, the treaty includes provisions for information sharing and Cherokee representation. Article 11 requires the Cherokee to notify the citizens of the United States of any designs 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 12 grants the Cherokee the right to send a deputy of their choice to Congress whenever they think fit. This provision, though seemingly progressive, was rarely utilized and ultimately proved largely symbolic.
Impact and Legacy
The 1785 Treaty with the Cherokee, while intended to establish peace and define the relationship between the United States and the Cherokee Nation, ultimately proved to be a fragile and short-lived agreement. The boundary established by the treaty was repeatedly violated by settlers, leading to ongoing conflicts and disputes. The U.S. government’s assertion of control over trade and Cherokee affairs further strained relations.
The treaty also had a profound impact on the internal dynamics of the Cherokee Nation. While the treaty was negotiated and signed by a large number of Cherokee leaders, it did not necessarily represent a unified consensus within the nation. Different factions held varying views on how to best navigate the challenges posed by the expanding United States, and these divisions would later contribute to internal conflicts and political fragmentation.
Despite its shortcomings, the 1785 Treaty with the Cherokee remains a significant historical document. It provides valuable insights into the early stages of U.S.-Cherokee relations, the challenges of establishing peaceful coexistence between two distinct nations, and the complex legal and political landscape of the post-Revolutionary War era. The treaty also serves as a reminder of the enduring struggle for Native American sovereignty and the ongoing legacy of broken treaties and unfulfilled promises. The 1785 Treaty with the Cherokee set the stage for future interactions, often fraught with tension and ultimately leading to the tragic Trail of Tears, the forced removal of the Cherokee people from their ancestral lands.
