The 1817 Treaty with the Cherokee stands as a pivotal, albeit complex, moment in the history of the relationship between the United States government and the Cherokee Nation. Signed on July 8, 1817, at the Cherokee Agency, within the Cherokee Nation, this agreement represented a significant shift in policy, driven by the dual pressures of westward expansion and the internal divisions within the Cherokee community itself. This document, the full text of which is presented here, offers a window into the political climate, the motivations of the key players, and the far-reaching consequences that would shape the future of the Cherokee people.
The treaty’s formal title begins: "Articles of a treaty concluded, at the Cherokee Agency, within the Cherokee nation, between major general Andrew Jackson, Joseph McMinn, governor of the state of Tennessee, and general David Meriwether, commissioners plenipotentiary of the United States of America, of the one part, and the chiefs, head men and warriors, of the Cherokee nation, east of the Mississippi river, and the chiefs, head men, and warriors, of the Cherokees on the Arkansas river, and their deputies, John D. Chisholm and James Rogers, duly authorized by the chiefs of the Cherokees on the Arkansas river, in open council, by written power of attorney, duly signed and executed, in presence of Joseph Sevier and William Ware."
The Context: Division and Desire for Change
To understand the 1817 Treaty with the Cherokee, it’s crucial to recognize the context in which it was negotiated. By the early 19th century, the Cherokee Nation was facing internal divisions regarding their future. A segment of the Cherokee people, primarily those residing in the upper towns, expressed a desire to adopt agricultural practices and a more "civilized" way of life, mirroring the society of the European-American settlers. They saw this as a means of survival and maintaining their presence in their ancestral lands. They sought to establish fixed laws and a formal government.
Conversely, another group, primarily from the lower towns, clung to their traditional hunting lifestyle and faced increasing challenges due to dwindling game populations. This group, recognizing the pressures of American expansion, expressed a desire to relocate west of the Mississippi River, seeking a new territory where they could continue their traditional way of life without the encroachment of settlers.
In 1808, a delegation of Cherokee leaders traveled to Washington D.C. to present these conflicting desires to President Thomas Jefferson. They requested a division line be established, separating the upper and lower towns, and also asked for permission for those wishing to migrate to the west. President Jefferson, in his response of January 9, 1809, acknowledged the concerns of both factions and offered the United States’ assistance in facilitating their respective goals. He permitted those wishing to relocate to send an exploring party to survey lands on the Arkansas and White Rivers. He promised assistance in their removal and establishment in new settlements.
The Treaty’s Provisions: Land Cessions and Promises of Exchange
The 1817 Treaty with the Cherokee was designed to address the concerns raised by the Cherokee Nation’s internal divisions and to facilitate the westward movement of a portion of the population. The treaty’s main provisions can be summarized as follows:
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Land Cessions: The Cherokee Nation ceded significant tracts of land to the United States. Article 1 detailed the lands lying north and east of a specific boundary line, beginning at the high shoals of the Appalachy River and extending westward to the Chatahouchy River. Article 2 described the lands lying north and west of another boundary line, starting from the Indian boundary line near the mouth of the Hywassee River and extending westward to the Little Sequatchie River. These land cessions were framed as a proportion of land to which those already on the Arkansas River, and those about to move there, were entitled.
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Census and Annuity Division: Article 3 stipulated that a census of the entire Cherokee Nation be conducted in June 1818. This census was intended to determine the population of those remaining east of the Mississippi and those who had moved or intended to move west. Article 4 stated that the annuity due to the Cherokee Nation from the United States for the year 1818 would be divided proportionally based on the census results, with this division continuing in subsequent years. The lands surrendered were also to be apportioned to the United States based on this enumeration.
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Land Exchange in the West: Article 5 outlined the United States’ commitment to provide land to the Cherokee on the Arkansas River in exchange for the lands ceded in the east. The article stated that the United States would provide "as much land on said river and White river as they have or may hereafter receive from the Cherokee nation east of the Mississippi, acre for acre." The boundaries of this new territory were defined, starting at the mouth of Point Remove on the Arkansas River and extending northward to the Chataunga Mountain on the White River. It also stipulated that existing treaties between the Cherokee Nation and the United States would remain in full force for both parts of the nation, and that the United States reserved the right to establish factories, a military post, and roads within the defined boundaries.
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Assistance to Emigrants: Article 6 focused on providing assistance to Cherokee warriors who chose to relocate west of the Mississippi. The United States promised to provide each warrior with a rifle gun, ammunition, a blanket, and a brass kettle (or a beaver trap). They also agreed to furnish flat-bottomed boats and provisions to aid in the removal process. Furthermore, those emigrants who left behind valuable improvements to their lands were promised "a full valuation for the same," to be determined by a commissioner appointed by the President.
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Compensation for Improvements: Article 7 addressed the issue of improvements made to lands ceded to the United States. The United States agreed to pay for these improvements at the same valuation as stipulated in Article 6, or to provide improvements of equal value in exchange. Additionally, improvements left by emigrants east of the Mississippi that were not exchanged would be rented to the Indians by the agent, with the proceeds benefiting the poor and decrepit of the eastern Cherokee.
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Land Reservations for Individuals: Article 8 offered a provision for individual Cherokee families residing east of the Mississippi who wished to become citizens of the United States. These families were offered a reservation of 640 acres of land, including their improvements, with a life estate for the head of the family and reversion in fee simple to their children. The names of these individuals were to be registered with the Cherokee agent.
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Navigation Rights: Article 9 ensured that the treaty would not prevent any of the parties from the free navigation of all the waters mentioned within it.
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Cession of Previous Reservations: Article 10 ceded to the United States all right, title, and claim to reservations made to Doublehead and others under the 1806 Treaty of Washington.
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Boundary Demarcation: Article 11 specified that the boundary lines of the lands ceded and exchanged would be run and marked by a commissioner appointed by the President, accompanied by Cherokee commissioners.
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Protection Against Intrusion: Article 12 committed the United States to preventing the intrusion of its citizens onto the lands ceded by the treaty until its ratification and promulgation.
Signatories and Witnesses: A Diverse Representation
The treaty was signed by a diverse group of individuals representing both the United States government and the Cherokee Nation. The U.S. commissioners included Major General Andrew Jackson, Joseph McMinn (Governor of Tennessee), and General David Meriwether. The Cherokee signatories included prominent chiefs and headmen from both the eastern and western factions of the nation. Notably, representatives from the Cherokee on the Arkansas River, including John Jolly and Spring Frog, also signed the document. A number of witnesses were also present, including J.M. Glassel, secretary to the commission, interpreters, a hospital surgeon, and Return J. Meigs, the agent to the Cherokee Nation. The presence of these witnesses highlights the importance and formality of the treaty proceedings.
The Legacy: A Stepping Stone to Removal
The 1817 Treaty with the Cherokee had a profound and lasting impact on the Cherokee Nation. While it ostensibly aimed to address the internal divisions within the nation and provide a fair exchange of land for those who wished to move west, it ultimately served as a stepping stone towards the forced removal of the Cherokee from their ancestral lands.
The treaty resulted in a significant loss of land for the Cherokee Nation in the east, opening up vast territories for American settlement. The promises of assistance and compensation for those who moved west were often not fully honored, leading to hardship and resentment. The creation of a separate Cherokee territory in the west further exacerbated the divisions within the nation, creating a rift between those who remained in the east and those who had relocated.
The most tragic consequence of the 1817 Treaty with the Cherokee was that it helped set the stage for the Indian Removal Act of 1830 and the subsequent Trail of Tears. The treaty’s land cessions and the establishment of a western Cherokee territory created a precedent for the further encroachment upon Cherokee lands and the eventual forced removal of the entire nation to the west. The 1817 Treaty with the Cherokee remains a stark reminder of the complexities and injustices that characterized the relationship between the United States government and Native American tribes during the era of westward expansion. It serves as a crucial document for understanding the history of the Cherokee Nation and the events that led to the Trail of Tears.
