1794 Treaty of Philadelphia (with the Cherokee)

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1794 Treaty of Philadelphia (with the Cherokee)

The 1794 Treaty of Philadelphia (with the Cherokee) stands as a significant, yet often overlooked, moment in the complex and frequently fraught relationship between the nascent United States and the Cherokee Nation. Concluded on June 26, 1794, in Philadelphia, Pennsylvania, then the temporary capital of the United States, this treaty aimed to solidify peace and address lingering issues stemming from previous agreements, most notably the 1791 Treaty of Holston. Understanding the context, stipulations, and consequences of this treaty provides valuable insight into the evolving dynamics of early American expansion and the Cherokee people’s struggle to maintain their sovereignty and way of life.

Historical Context: A Troubled Peace

The years leading up to the 1794 Treaty of Philadelphia (with the Cherokee) were characterized by increasing tension and conflict along the frontier. The American Revolution had concluded a decade earlier, but the westward expansion of American settlers continued unabated, encroaching upon lands traditionally held by Native American tribes, including the Cherokee. The Treaty of Holston, signed in 1791, was intended to establish clear boundaries between Cherokee territory and American settlements, and to provide the Cherokee with protection and compensation in exchange for land cessions. However, the treaty proved difficult to enforce, leading to continued disputes and violence.

Several factors contributed to the instability. The boundary lines established by the Treaty of Holston were often poorly defined or ignored by settlers eager to claim land. Moreover, the treaty’s provisions for regulating trade and preventing unauthorized settlement were inadequate. The Cherokee, for their part, faced internal divisions and challenges in controlling rogue elements within their nation who engaged in raiding and horse theft against settlers. These actions, though often retaliatory in nature, further inflamed tensions and threatened to unravel the fragile peace.

The United States government, under President George Washington, recognized the need to address these issues and reaffirm its commitment to peaceful relations with the Cherokee. Secretary of War Henry Knox, a key figure in shaping early American Indian policy, was tasked with negotiating a new agreement that would resolve outstanding disputes and strengthen the bonds of friendship between the two nations.

The Negotiations in Philadelphia

The decision to hold the treaty negotiations in Philadelphia, far from the volatile frontier, was a deliberate one. It aimed to create a more controlled and formal environment, free from the immediate pressures of local conflicts. A delegation of Cherokee leaders, representing various towns and factions within the nation, traveled to Philadelphia to meet with Secretary Knox and other U.S. officials.

The negotiations focused on several key areas. First, both parties sought to reaffirm the validity and binding nature of the Treaty of Holston. Despite the challenges in its implementation, the treaty was considered a foundation for future relations. Second, there was a need to clarify and physically mark the boundary lines established by the Treaty of Holston. The lack of clear demarcation had been a major source of contention, leading to unintentional (and intentional) encroachment by settlers. Third, the Cherokee sought additional compensation for land cessions made in previous treaties, including the Treaty of Hopewell (1785) and the Treaty of Holston. They argued that the promised payments and goods had been insufficient to offset the loss of their traditional hunting grounds and agricultural lands.

Finally, both parties recognized the need to address the issue of horse theft, which had become a major source of friction. Settlers accused the Cherokee of stealing horses, while the Cherokee, in turn, accused settlers of stealing their livestock and other property. The treaty aimed to establish a mechanism for resolving these disputes and preventing future incidents.

Key Provisions of the 1794 Treaty

The 1794 Treaty of Philadelphia (with the Cherokee) comprised five key articles, each addressing specific issues and concerns:

Article 1: Reaffirmation of the Treaty of Holston: This article explicitly reaffirmed the validity and binding nature of the Treaty of Holston. It stated that the Treaty of Holston was "to all intents and purposes, in full force and binding upon the said parties, as well in respect to the boundaries therein mentioned as in all other respects whatever." This was a crucial step in re-establishing trust and providing a legal framework for future interactions.

Article 2: Boundary Demarcation: Recognizing the importance of clear boundaries, this article stipulated that the boundary lines mentioned in the fourth article of the Treaty of Holston would be "actually ascertained and marked in the manner prescribed by the said article." The Cherokee were to receive ninety days’ notice of the time and place at which the U.S. commissioners intended to begin the demarcation process. This provision aimed to reduce ambiguity and prevent future disputes over land ownership.

Article 3: Compensation for Land Cessions: The United States agreed to provide the Cherokee with goods suitable for their use, to the amount of five thousand dollars yearly, in lieu of all former sums to be paid annually. This was intended as compensation for land cessions made in the Treaty of Hopewell and the Treaty of Holston. While the amount may seem small by modern standards, it represented a significant investment by the U.S. government in maintaining peaceful relations with the Cherokee. The type of goods provided was also important, as they were intended to support the Cherokee’s agricultural practices and overall well-being.

Article 4: Addressing Horse Theft: In an effort to curb horse theft and its detrimental effects, the Cherokee agreed that for every horse stolen from white inhabitants by any Cherokee and not returned within three months, the sum of fifty dollars would be deducted from the annual annuity of five thousand dollars. This provision aimed to incentivize the Cherokee to prevent horse theft within their nation and to ensure the prompt return of stolen animals. It also reflected the U.S. government’s concern over the security of its citizens and their property along the frontier.

Article 5: Ratification: This article stipulated that the articles of the treaty would be considered permanent additions to the Treaty of Holston once they had been ratified by the President and Senate of the United States. This ensured that the treaty had the full force of law and that its provisions would be legally binding on both parties.

Signatories and Witnesses

The treaty was signed by Secretary of War Henry Knox on behalf of the United States, and by a delegation of Cherokee chiefs and warriors, including Tekakisskee (Taken out of the Water), Nontuaka (the Northward), Cinasaw (the Cabin), Skyuka, Chuquilatague (Double Head), John McClemore, Walahue (the Humming Bird), Chuleowee, Ustanaqua, Kullusathee, Siteaha, Keenaguna (the Lying Fawn), and Chatakaelesa (the Fowl Carrier). Their signatures, marked with their respective symbols, attest to their commitment to the agreement.

Several individuals served as witnesses to the signing, including John Thompson and Arthur Coodey, who acted as interpreters, as well as Cantwell Jones, William Wofford, W. McCaleb, and Samuel Lewis. Their presence further validated the treaty and ensured that its terms were accurately recorded and understood by all parties involved.

Consequences and Legacy

The 1794 Treaty of Philadelphia (with the Cherokee) achieved some short-term success in stabilizing relations between the United States and the Cherokee Nation. The boundary demarcation process, although slow and imperfect, did help to reduce some of the ambiguity surrounding land ownership. The annual payments provided under the treaty offered some economic support to the Cherokee, and the provisions aimed at curbing horse theft may have had a limited impact on reducing tensions.

However, the treaty ultimately failed to address the underlying issues that continued to fuel conflict. The relentless pressure of westward expansion, the growing demand for Cherokee lands, and the persistent cultural differences between the two nations proved too great to overcome. Within a few decades, the Cherokee would face increasing pressure to cede more land and eventually be forcibly removed from their ancestral homelands during the Trail of Tears.

Despite its limitations, the 1794 Treaty of Philadelphia (with the Cherokee) remains an important historical document. It provides a glimpse into the complexities of early American Indian policy and the challenges of negotiating peace and coexistence in a rapidly changing world. It also serves as a reminder of the resilience and determination of the Cherokee people in the face of immense pressure and adversity. Studying this treaty allows for a deeper understanding of the historical context surrounding the Cherokee Nation and the ongoing struggle for Native American rights and self-determination.