1805 Tellico Treaty 2 (Cherokee)

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The 1805 Tellico Treaty 2 (Cherokee), formally concluded on October 27, 1805, at Tellico, marked another significant point of negotiation and agreement between the United States government and the Cherokee Nation. This treaty, like others of its era, reflected the evolving relationship between the burgeoning United States and the indigenous populations whose ancestral lands were increasingly coveted for expansion and development. This document represents a pivotal moment in the history of the Cherokee people and their interactions with the United States.

The treaty proceedings were initiated by the United States, represented by commissioners Return J. Meigs and Daniel Smith. These commissioners were specifically appointed to engage in conferences with the Cherokee leaders and address matters of mutual interest and concern. On the Cherokee side, the negotiations were led by a delegation of chiefs and head men, representing the interests and concerns of their nation.

The preamble to the treaty explicitly states its purpose: to arrange "certain interesting matters" between the United States and the Cherokee. This understated phrasing veiled the complex realities of land cession, resource access, and the shifting power dynamics that characterized the era. The 1805 Tellico Treaty 2 (Cherokee) specifically addressed the cession of land deemed desirable by the state of Tennessee and the establishment of a crucial road for mail delivery through Cherokee territory.

Article 1: The Cession of Land at South West Point and an Island

The opening article of the treaty centers on a request from the United States for a specific section of Cherokee land. The rationale presented to the Cherokee delegation was that this particular tract, encompassing the garrison of South West Point and extending to Kingston, was being considered as a potential site for the Tennessee state assembly to convene. A committee from the state legislature had already inspected the location, suggesting a strong interest on the part of the Tennessee government.

The Cherokee leaders, described in the treaty as possessing a "spirit of conciliation," agreed to cede this section of land to the United States. The treaty emphasizes that the Cherokees understood the land was desired for "public purposes" rather than for the "individual advantages" of settlers. This distinction was likely crucial in securing their agreement. However, the Cherokee leaders also stipulated a reservation, retaining rights to the ferries within the ceded territory. Furthermore, the treaty stipulated that the buildings erected by the public on the land, and the occupation of the same, would belong to the public "during the pleasure of the government," indicating a temporary arrangement regarding the use of the buildings.

In addition to the land surrounding South West Point, the Cherokees also ceded to the United States "the first island in the Tennessee, above the mouth of Clinch." This smaller cession further expanded the United States’ control over strategic locations within the region.

Article 2: The Establishment of a Mail Route

The second article of the 1805 Tellico Treaty 2 (Cherokee) addressed the critical issue of communication and infrastructure. At the time, the United States government had ordered the establishment of a mail route stretching from Knoxville to New Orleans, traversing the territories of the Cherokee, Creek, and Choctaw nations.

The Cherokees, recognizing the importance of this mail route, agreed to grant citizens of the United States "the free and unmolested use of a road leading from Tellico to Tombigbe," but only insofar as it passed through their territory. This agreement was contingent upon the road being "laid out by viewers appointed on both sides," meaning representatives from both the United States and the Cherokee Nation would collaborate to determine the "nearest and best way" for the road to be constructed. The treaty also stipulated that the Cherokee Nation would be notified of the timing of this surveying and construction process, ensuring their involvement and oversight.

This article highlights the United States’ growing need for efficient communication and transportation networks across the Southeast, and the Cherokee Nation’s willingness to accommodate these needs, albeit under carefully negotiated terms.

Article 3: Compensation for Cessions

As with many treaties involving land cessions, the 1805 Tellico Treaty 2 (Cherokee) included a provision for compensation. In exchange for the land ceded in Article 1 and the agreement regarding the mail route in Article 2, the United States agreed to pay the Cherokee Indians "sixteen hundred dollars in money, or useful merchandise at their option." This payment was to be made within ninety days after the ratification of the treaty.

The option of receiving payment in either money or "useful merchandise" was a common feature of these treaties. It allowed the Cherokee Nation to choose the form of compensation that best suited their needs and priorities. This provision demonstrates the economic considerations that were always present in these negotiations, and the role of the United States government in shaping the Cherokee economy.

Article 4: Ratification

The final article of the treaty addressed the process of ratification, a crucial step in ensuring its legal validity. Article 4 stipulated that the treaty would become "obligatory between the contracting parties as soon as it is ratified by the President, by and with the advice and consent of the Senate of the United States."

This clause underscores the constitutional framework within which these treaties were negotiated and implemented. The involvement of the President and the Senate ensured that the treaty reflected the broader interests and policies of the United States government.

Signatories and Witnesses

The treaty was signed by the United States commissioners, Return J. Meigs and Daniel Smith, as well as by a number of prominent Cherokee chiefs and head men. These included Black Fox (or Ennone), The Glass (or Tunnquetihee), Kutigeskeee, Toochalar, Turtle at Home (or Sullicookiewalar), Dick Justice, John Greenwood (or Eakosettas), Chuleah (or Gentleman Tom), Broom (or Cannarwesoske), Bald Hunter (or Toowayullau), John Melamere (or Euquellooka), Closenie (or Creeping), Double Head (or Chuquacuttague), and Chickasawtihee (or Chickasawtihee Killer). The presence of these individuals signifies the importance of the treaty to the Cherokee Nation and their willingness to engage in formal agreements with the United States.

The signatures of the Cherokee leaders were typically marked with an "x," indicating that they were likely unable to write in English. This highlights the cultural and linguistic differences that existed between the negotiating parties.

In addition to the primary signatories, the treaty was also witnessed by a number of individuals, including Robert Purdy (secretary to the commissioners), William Yates, Nicholas Byers (United States factor), Wm. Lovely (assistant agent), B. M’Ghee, Saml. Love, James Blair, Hopkins Lacey, and Chs. Hicks (interpreter). These witnesses provide further authentication of the treaty and offer insights into the network of individuals involved in the negotiation and implementation process. Charles Hicks’ role as interpreter was particularly crucial in ensuring clear communication between the parties.

Historical Significance

The 1805 Tellico Treaty 2 (Cherokee), though seemingly limited in scope, holds significant historical importance. It demonstrates the ongoing process of land cession and negotiation that characterized the relationship between the United States and the Cherokee Nation in the early 19th century. The treaty reflects the United States’ growing desire for access to Cherokee lands and resources, as well as the Cherokee Nation’s attempts to maintain control over their territory and protect their interests.

The establishment of the mail route through Cherokee territory underscores the increasing integration of the Cherokee Nation into the broader American economy and infrastructure. While the Cherokee Nation sought to maintain some autonomy, the treaty also reflects the growing pressure to conform to the demands of the expanding United States.

The 1805 Tellico Treaty 2 (Cherokee), as a historical document, provides valuable insights into the complex and often fraught relationship between the United States and the Cherokee Nation. It serves as a reminder of the enduring legacy of treaties and their impact on the lives of indigenous peoples.

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