The history of the Cherokee Nation in North America is inextricably linked to a series of treaties negotiated, signed, and often broken with the United States government. These Cherokee Treaties, spanning from the late 18th century to the mid-19th century and beyond, represent a complex and often tragic narrative of diplomacy, land cession, forced removal, and resilience. This article aims to provide an informative overview of these agreements, highlighting their key provisions and the profound impact they had on the Cherokee people.
The initial encounters between the newly formed United States and the Cherokee Nation were marked by a desire for peaceful coexistence, at least on the part of the U.S. government. However, underlying this façade was a relentless westward expansion that placed increasing pressure on Cherokee lands. The earliest treaties reflect this tension, attempting to define boundaries and regulate interactions between settlers and the Cherokee.
Early Treaties: Establishing Boundaries and Trade (1785-1806)
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Treaty of Hopewell (1785): This was the first treaty between the United States and the Cherokee Nation. Signed in Hopewell, South Carolina, it aimed to establish peace and define the boundaries between Cherokee lands and those of the United States. The treaty recognized Cherokee sovereignty over their territory, but also included provisions for ceding land if the Cherokee desired. This treaty, however, proved difficult to enforce, as settlers continued to encroach upon Cherokee lands.
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Treaty of Holston (1791): This treaty, signed in present-day Knoxville, Tennessee, reaffirmed the boundaries established in the Treaty of Hopewell and provided for annuities to be paid to the Cherokee Nation. It also included provisions for the U.S. government to regulate trade with the Cherokee and to protect them from encroachment by settlers. Despite these provisions, encroachment continued, leading to further tensions.
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Treaty of Philadelphia (1794): This treaty aimed to further clarify boundaries and address ongoing conflicts between settlers and the Cherokee.
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Treaty of Tellico (1798): This treaty involved the first major land cession by the Cherokee, opening up areas in present-day Tennessee and Kentucky to white settlement. The treaty was controversial within the Cherokee Nation, as some leaders opposed the cession of land.
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Treaties of 1804, 1805, and 1806: These treaties continued the pattern of land cessions in exchange for payments and promises of protection from the U.S. government. The relentless pressure for land resulted in a gradual erosion of Cherokee territory and increasing frustration within the Nation.
The Era of Removal and Resistance (1816-1835)
The early 19th century witnessed a dramatic shift in U.S. policy towards Native American tribes, including the Cherokee. The concept of "Indian Removal," fueled by insatiable land hunger and racial prejudice, gained momentum. This policy aimed to forcibly relocate Native American tribes from their ancestral lands in the southeastern United States to territories west of the Mississippi River.
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Treaties of 1816 and 1817: These treaties marked a turning point, as they explicitly addressed the possibility of Cherokee removal. They offered incentives for Cherokee individuals and families to voluntarily relocate west of the Mississippi River, with the promise of land and assistance. These treaties led to the creation of the "Western Cherokee" community in present-day Arkansas and Oklahoma.
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Treaty of Washington (1819): This treaty further reduced Cherokee land holdings in the East, ceding significant territory in exchange for promises of compensation and protection. However, the promises of protection were increasingly hollow, as states like Georgia began to assert their authority over Cherokee lands and to deny Cherokee rights.
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Treaties with the Western Cherokee (1828 & 1833): These treaties addressed the situation of the Cherokee who had already moved west, further defining their territory and relations with the U.S. government. They are important in understanding the division of the Cherokee Nation and the complexities of U.S. policy.
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Treaty of New Echota (1835): This treaty is arguably the most infamous and devastating in the history of the Cherokee Treaties. Signed by a small, unauthorized group of Cherokee individuals, it ceded all Cherokee lands east of the Mississippi River to the United States in exchange for $5 million and land in Indian Territory (present-day Oklahoma). The vast majority of the Cherokee Nation, led by Principal Chief John Ross, vehemently opposed the treaty and protested its validity. Despite their protests, the U.S. government ratified the Treaty of New Echota, paving the way for the forced removal of the Cherokee.
The Trail of Tears and Beyond (1838-1868)
The Treaty of New Echota led directly to the tragic event known as the Trail of Tears. Beginning in 1838, the U.S. military forcibly removed over 16,000 Cherokee people from their homes in Georgia, North Carolina, Tennessee, and Alabama. They were marched westward to Indian Territory under brutal conditions, with inadequate food, shelter, and medical care. An estimated 4,000 Cherokee people died during the forced removal, a testament to the cruelty and injustice of the U.S. government’s policies.
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Treaty of 1846 (Western Cherokee): This treaty addressed the internal divisions within the Cherokee Nation, particularly between those who had voluntarily moved west and those who had been forcibly removed. It aimed to reunite the Nation and establish a unified government in Indian Territory.
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Treaty of 1866: Following the American Civil War, the Cherokee Treaties were revisited. The Cherokee Nation, like many other tribes in Indian Territory, had sided with the Confederacy. As a result, the U.S. government imposed new treaties on the tribes, requiring them to cede land and to grant rights-of-way for railroads. The Treaty of 1866 significantly reduced the size of the Cherokee Nation’s territory and further eroded its sovereignty.
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Treaty of 1868: Further clarified and amended previous agreements.
Unratified Agreements and Other Agreements
There were also several agreements and treaties that were not ratified by the U.S. Senate, or that involved the Cherokee in conjunction with other tribes. These agreements, while not legally binding, can still provide valuable insights into the negotiations and the evolving relationship between the Cherokee Nation and the United States. For example, the Agreement With The Cherokee, 1835 (Unratified) shows the back and forth negotiations that were going on at the time. The Agreement With The Cherokee And Other Tribes In The Indian Territory, 1865 and the Treaty With The Comanche, Etc., 1835 show how the Cherokee were connected with other tribes.
Conclusion
The Cherokee Treaties represent a complex and often painful chapter in the history of the Cherokee Nation. These agreements, initially intended to establish peaceful coexistence, ultimately became instruments of land dispossession, forced removal, and the erosion of Cherokee sovereignty. While the treaties themselves are historical documents, their legacy continues to shape the relationship between the Cherokee Nation and the United States government. Understanding the history of these treaties is essential for appreciating the resilience and determination of the Cherokee people in the face of adversity and their ongoing efforts to preserve their culture, language, and self-governance. The history of these treaties is a reminder of the importance of honoring treaty obligations and respecting the rights of indigenous peoples. They serve as a stark reminder of past injustices and a call for continued reconciliation and justice. The Cherokee Treaties continue to be a subject of study and debate, their implications resonating in contemporary discussions about tribal sovereignty, land rights, and the ongoing pursuit of justice for Native American nations.