The 1816 Washington Treaty 2 (Cherokee), formally ratified on April 8, 1816, stands as a significant document in the complex history of relations between the United States government and the Cherokee Nation. This treaty, forged in Washington City on March 22, 1816, represents an attempt to resolve lingering disputes over land boundaries and facilitate westward expansion for American settlers, while also addressing Cherokee grievances stemming from the War of 1812 era. This article will delve into the details of the 1816 Washington Treaty 2 (Cherokee), exploring its key provisions, the motivations behind its creation, and its lasting impact.
The treaty emerged from a specific set of circumstances. Following the War of 1812 and the Treaty of Fort Jackson in 1814, which forced the Creek Nation to cede vast tracts of land to the United States, uncertainties arose regarding the northern boundary of these newly acquired territories. Complicating matters further, the 1806 treaty between the United States and the Cherokee Nation had recognized Cherokee claims to lands south of the Big Bend of the Tennessee River, extending westward to an area near Bear Creek known as the Flat Rock or Stone. This overlap in claims between the Creek cession and Cherokee assertions created a potential for conflict and required clarification.
The 1816 Washington Treaty 2 (Cherokee) was negotiated between George Graham, acting under the authority of the President of the United States, and a delegation of Cherokee chiefs and headmen, duly empowered by their nation. The treaty comprises five key articles, each addressing distinct aspects of the relationship between the two parties.
Article 1: Defining the Boundary
The first article directly addresses the contested land claims. It declares and agrees upon a specific boundary line. This line was to be drawn from a point on the west bank of the Coosa River, opposite the lower end of the Ten Islands (located above Fort Strother), directly to the Flat Rock or Stone on Bear Creek, a tributary of the Tennessee River. This newly established line would serve as the definitive boundary between the lands ceded by the Creek Nation at Fort Jackson and the lands claimed by the Cherokee Nation west of the Coosa and south of the Tennessee Rivers. This article aimed to provide clarity and prevent future disputes over land ownership in this critical region.
The careful detailing of the boundary line, referencing specific geographic features like the Coosa River, Ten Islands, and Bear Creek, highlights the importance of establishing a clear and unambiguous demarcation. The involvement of both Creek and Cherokee land claims underscores the complex web of intertribal relations and the impact of U.S. expansion on Native American territories.
Article 2: Facilitating Transportation and Communication
The second article focuses on facilitating transportation and communication between the states of Tennessee and Georgia and the Mississippi Territory. The Cherokee Nation explicitly granted the United States the right to lay off, open, and freely use roads through any part of their nation lying north of the newly established boundary line. This provision was crucial for westward expansion, allowing for the efficient movement of people and goods across the region.
Furthermore, the treaty stipulated that citizens of the United States could freely navigate and use all rivers and waters within the Cherokee Nation as highways. This clause ensured access to vital waterways for trade and transportation. Recognizing the need for infrastructure to support this increased traffic, the Cherokee Nation also agreed to establish and maintain ferries and public houses along the newly opened roads to accommodate travelers.
This article reflects the U.S. government’s primary interest in accessing and developing the territories west of the Appalachian Mountains. The Cherokee Nation’s cooperation was essential for achieving this goal, although it came at the cost of ceding control over certain aspects of their land and resources.
Article 3: Cherokee Involvement in Boundary Demarcation
To prevent future disagreements regarding the boundary line established in Article 1, the third article stipulates that the Cherokee Nation would appoint two commissioners to accompany the U.S. commissioners in surveying and marking the boundary lines of the Creek cession. This provision demonstrated a degree of collaboration and aimed to ensure that the Cherokee Nation had a direct voice in the implementation of the treaty. Their involvement in the surveying process allowed them to witness firsthand the demarcation of the boundary and to raise any concerns or objections during the process.
Article 4: Road Construction and Cherokee Consultation
Similar to Article 3, the fourth article addresses the process of opening roads through the Cherokee Nation, as outlined in Article 2. It states that whenever the President of the United States deemed it necessary to open a road, the principal chief of the Cherokee Nation would appoint one commissioner to accompany the U.S. commissioners in laying off and marking the road. The United States would compensate this Cherokee commissioner. This article aimed to streamline the process of road construction while ensuring that the Cherokee Nation had a voice in the planning and execution of these projects.
Article 5: Compensation for Losses
The final article of the 1816 Washington Treaty 2 (Cherokee) addresses grievances arising from the War of 1812. The United States agreed to indemnify individual members of the Cherokee Nation for losses they sustained due to the march of militia and other U.S. troops through their territory. These losses had been assessed by U.S. agents and amounted to $25,500. This article represents a form of reparations for damages inflicted during the war and aimed to restore trust and goodwill between the two parties.
Signatories and Witnesses
The treaty was signed by George Graham on behalf of the United States, as well as several prominent Cherokee chiefs and headmen, including Colonel John Lowry, Major John Walker, Major Ridge, Richard Taylor, John Ross, and Cheucunsene. Their signatures, often marked with an "x" due to illiteracy, were witnessed by Return J. Meigs, Jacob Laub, and Gid. Davis. The presence of these witnesses underscores the formality and official nature of the agreement.
Impact and Legacy
The 1816 Washington Treaty 2 (Cherokee) had several significant impacts. It clarified land boundaries between the Cherokee Nation, the Creek Nation, and the United States, reducing the potential for conflict. It facilitated westward expansion by granting the U.S. government the right to build roads and use waterways within Cherokee territory. Furthermore, it provided some compensation for losses sustained by the Cherokee during the War of 1812.
However, the treaty also contributed to the erosion of Cherokee sovereignty and control over their land. The granting of rights-of-way for roads and waterways paved the way for increased U.S. presence and influence within the Cherokee Nation. While the treaty included provisions for Cherokee involvement in road construction and boundary demarcation, these measures ultimately served to legitimize U.S. expansion and control.
The 1816 Washington Treaty 2 (Cherokee), like many treaties between the United States and Native American nations, is a complex and controversial document. It reflects the power dynamics of the time and the U.S. government’s relentless pursuit of westward expansion. While it addressed some immediate concerns, it also laid the groundwork for future conflicts and ultimately contributed to the tragic displacement of the Cherokee people in the 1830s. Studying this treaty provides valuable insight into the historical relationship between the United States and the Cherokee Nation and the lasting impact of U.S. policies on Native American communities. The 1816 Washington Treaty 2 (Cherokee) remains a crucial element in understanding this complex history.