The 1819 Treaty with the Cherokee, a significant historical document, stands as a testament to the complex and often fraught relationship between the United States government and the Cherokee Nation in the early 19th century. This agreement, formally ratified on March 1, 1819, in Washington D.C., represents an attempt to address land claims and define boundaries between the two entities, while also reflecting the prevailing policies of assimilation and westward expansion that characterized the era. This document, the 1819 Treaty with the Cherokee, incorporates amendments made at the Cherokee Agency on January 6, 1817, and July 8, 1817.
The treaty’s genesis lies in the aftermath of the 1817 treaty, which aimed to encourage Cherokee emigration to lands west of the Mississippi River. However, a substantial portion of the Cherokee people expressed a strong desire to remain on their ancestral lands east of the river. Recognizing this, and seeking to avoid the lengthy and costly process of conducting a census as initially stipulated, the U.S. government, represented by Secretary of War John C. Calhoun, entered into negotiations with duly authorized Chiefs and Head Men of the Cherokee Nation. The 1819 Treaty with the Cherokee was the result.
Article 1: Land Cession and Reservations
The cornerstone of the treaty is Article 1, which outlines the cession of a considerable tract of Cherokee land to the United States. The defined boundary line began on the Tennessee River at its intersection with the Madison County boundary in the Alabama Territory. From there, it followed the main channel of the Tennessee River to the mouth of the Hiwassee River. Ascending the Hiwassee, the line continued to the first hill that closed in on the river, approximately two miles above Hiwassee Old Town. From that point, the boundary traced the ridge dividing the waters of the Hiwassee and Little Tellico Rivers, eventually reaching the Tennessee River at Tallassee.
The line then proceeded along the Tennessee River to the junction of the Cowee and Nanteyalee Rivers. Following the ridge in the fork of these rivers, it ascended to the crest of the Blue Ridge Mountains. From the Blue Ridge, the boundary followed the Unicoy Turnpike Road and then extended in a straight line to the nearest main source of the Chestatee River. The line followed the Chestatee to the Chattahoochee River, eventually reaching the Creek boundary.
This detailed description underscores the extensive nature of the land ceded by the Cherokee Nation. However, the article also stipulated certain exceptions. All islands within the Chestatee River and portions of the Tennessee and Hiwassee Rivers (excluding Jolly’s Island near the mouth of the Hiwassee) remained under Cherokee control. Furthermore, the reservations outlined in the 1805 Treaty of Tellico were upheld, and a tract of land equal to twelve miles square was ceded to the United States in trust for the Cherokee Nation as a school fund. This school fund was to be generated by selling the land, with the proceeds invested for the benefit of Cherokee education.
Crucially, Article 1 also addressed the rights of the Unicoy Turnpike Company, ensuring that their established rights, as evidenced by certified copies of relevant documents, would not be affected by the treaty. Finally, the article explicitly stated that the land cession was in full satisfaction of all U.S. claims related to the emigration of a portion of the Cherokee Nation to Arkansas. The 1819 Treaty with the Cherokee was intended as a final settlement of the 1817 treaty’s provisions.
Article 2: Compensation for Improvements and Citizen Reservations
Recognizing the investments made by Cherokee individuals in their land, Article 2 obligated the United States to compensate for improvements that added real value to the land within the ceded territory, consistent with the stipulations of the 1817 treaty. Furthermore, the article allowed for a reservation of 640 acres to each head of an Indian family residing within the ceded territory (excluding those enrolled for emigration to Arkansas) who chose to become citizens of the United States, as outlined in the 1817 treaty. This provision reflected the assimilationist policies of the time, which aimed to integrate Native Americans into American society.
Article 3: Individual Reservations in Fee Simple
Article 3 detailed specific reservations in fee simple (outright ownership) for individuals deemed "persons of industry" capable of managing their property with discretion. A certified list of these individuals was annexed to the treaty. Each person on the list was to receive 640 acres, including their improvements and as close to the center of the reservation as possible. These reservations were contingent upon the individuals notifying the Cherokee agent, in writing, within six months of the treaty’s ratification, of their intention to permanently reside on the reserved land.
Notable individual reservations included those for Lewis Ross, ensuring his house, outbuildings, and ferry adjacent to the Cherokee agency were included, while reserving public property and the agency’s continued operation for the United States. Major Walker received a reservation that included his dwelling house and ferry, as well as an additional 640 acres to include his grist and saw mill.
Additional reservations were made for individuals not residing on the land, including Cabbin Smith (on both sides of his ferry on Tellico), John Ross (including the Big Island in the Tennessee River), Mrs. Eliza Ross (adjoining Major Walker’s), Margaret Morgan (adjoining James Riley’s), George Harlin (adjoining Margaret Morgan’s), James Lowry (at Crow Mocker’s old place), Susannah Lowry (at the Toll Bridge on Battle Creek), and Nicholas Byers (including the Toqua Island). These reservations highlight the recognition of individual Cherokee citizens and their contributions to the community.
Article 4: School Fund Management
Article 4 addressed the management of the school fund created from the sale of the reserved land. The United States stipulated that the reservations and the tract reserved for the school fund would be surveyed and sold in the same manner and on the same terms as public lands. The proceeds would be invested under the President’s direction in U.S. stock or other stock deemed advantageous to the Cherokee Nation. The interest or dividends generated from this stock would be used to promote education among the Cherokee Nation east of the Mississippi River, as determined by the President. This article underscored the U.S. government’s stated commitment to Cherokee education, albeit within the context of assimilationist policies.
Article 5: Boundary Lines, Leases, and Intruders
Article 5 addressed practical matters related to the treaty’s implementation. It stipulated that boundary lines would be determined by a commissioner appointed by the President, accompanied by Cherokee commissioners, with due notice given to the nation. It also voided leases made under the 1817 treaty for land within the Cherokee territory. Furthermore, the article committed the United States to removing white people who had intruded or might intrude on Cherokee lands, in accordance with the 1802 Act regulating trade and intercourse with Indian tribes.
Article 6: Annuity Distribution
Article 6 concerned the distribution of the annuity paid to the Cherokee Nation. The treaty stipulated that two-thirds of the annuity would be paid to the Cherokees east of the Mississippi, and one-third to those west of the river, reflecting the estimated proportion of the nation that had emigrated or enrolled for emigration. However, if the Cherokees west of the Mississippi objected to this distribution within one year of the treaty’s ratification, a census would be taken solely for distributing the annuity, as determined by the President.
Article 7: Protection of Cherokee Crops and Removal Period
Article 7 aimed to protect the Cherokee people during the transition period following the treaty. The United States pledged to prevent the intrusion of its citizens on the ceded land before January 1st of the following year, allowing the Cherokees time to cultivate their crops and for those not taking reservations to remove themselves.
Article 8: Ratification
The final article, Article 8, stipulated that the treaty would become binding upon ratification by the President of the United States, with the advice and consent of the Senate.
Signatories and Witnesses
The treaty was signed by John C. Calhoun on behalf of the United States, and by several prominent Cherokee Chiefs and Head Men, including Charles Hicks, John Ross, Lewis Ross, John Martin, James Brown, George Lowry, Gideon Morgan Jr., Cabbin Smith, Sleeping Rabbit, Small Wood, John Walker, and Currohee Dick. The signing was witnessed by Return J. Meigs (Agent), C. Vandeventer, Elias Earle, and John Lowry.
Appendices: Unicoy Turnpike and Other Agreements
The treaty was accompanied by several appendices, including documents related to the Unicoy Turnpike Company. These documents illustrate agreements made between the Cherokee Nation and the proprietors of the turnpike, granting them rights to establish and operate the road, including the right to cultivate land, erect stands, and operate ferries, in exchange for annual payments to the Cherokee Nation. These agreements provide insight into the economic interactions between the Cherokee and non-Native populations during this period.
In conclusion, the 1819 Treaty with the Cherokee represents a complex chapter in the history of U.S.-Cherokee relations. While ostensibly aimed at resolving land claims and facilitating peaceful coexistence, the treaty ultimately contributed to the erosion of Cherokee sovereignty and the displacement of the Cherokee people. The stipulations regarding land cession, individual reservations, and the school fund reflect the assimilationist policies of the time, while the protection of the Unicoy Turnpike Company’s rights underscores the growing economic influence of non-Native interests in Cherokee territory. The 1819 Treaty with the Cherokee serves as a valuable historical resource for understanding the dynamics of power, land, and cultural exchange in the early 19th-century American Southeast.
