powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Treaty between the United States and the Cherokee Nation
United States; Cherokee Indian Nation
November 28, 1785
Volume 17, Pages 582-586

No. 198. ARTICLES OF TREATY BETWEEN THE COMRS. U. S. AND THE CHEROKEES.
[From Executive Letter Book.]

Nov. 28th, 1785.

ARTICLES OF TREATY.

Concluded at Hopewell, on the Keeowee, between Benjamin Hawkins, Andrew Pickens, Joseph Martin and Lacklan McIntosh, Commissioners Plenipotentiary of the United States of America, of the

-------------------- page 583 --------------------
one part, and the Head Men and Warriors of all the Cherokees, of the other.

The Commissioners Plenipotentiary of the United States in Congress Assembled, give peace to all the Cherokees, and receive them into the favor and protection of the United States of America on the following conditions:

Article 1. The Head Men and Warriors of all the Cherokees, shall restore all the prisoners, citizens of the United States or subjects of their allies to their entire liberty: they shall also restore all the Negroes and all other property taken during the late war from the Citizens, to such person, and at such time and place, as the Commissioners shall appoint.

Article 2. The Commissioners of the United States in Congress Assembled, shall restore all the Prisoners taken from the Indians, during the late war, to the Head Men and Warriors of the Cherokees, as early as is practicable.

Article 3. The said Indians for themselves, and their respective Tribes and towns do acknowledge all the Cherokees to be under the Protection of the United States of America, and of no other Sovereign whosoever.

Article 4. The boundary alloted to the Cherokees for their hunting Grounds, between the said Indians, and the Citizens of the United States, within the limits of the United States of America, is and shall be the following, Viz: Beginning at the mouth of Duck River on the Tennessee, thence running North East, to the ridge dividing the waters running into Cumberland from those running into Tennessee. Thence eastwardly along the said ridge to a North East line to be run, which shall strike the Cumberland forty miles above Nashville; thence along the said line to the river, thence up the said river to the ford where the Kentucky road crosses the river, thence to Campbell's line, near Cumberland's Gap, thence to the Mouth of Claud's Creek on Holstein; then to the Chimney top Mountains; then to Camp Creek near the Mouth of Big Limestone, on Nolichuckey then a Southerly course six miles to a mountain then South to the North Carolina line; thence to South Carolina Indian boundary, and along the same South West over the top of the Oconee mountain till it shall strike Tugalo River; then a direct line to the Top of the Currohee mountain, then to the head of the South fork of Oconee river.

-------------------- page 584 --------------------

Article 5. If any Citizen of the United States or other person not being an Indian shall attempt to settle on any of the lands Westward or Southward of the said Boundary which are hereby allotted to the Indians for their hunting grounds or having already settled will not remove from the same within six months after the ratification of this Treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not as they please, provided, nevertheless, that this Article shall not extend to the people settled between the fork of French Broad, and Holstein river; whose particular situation shall be transmitted to the United States in Congress Assembled for their decision thereon, which the Indians agree to abide by.

Article 6. If any Indian or Indians or persons residing among them, who shall take refuge in their Nation, shall commit a robbery, murder or other capital crimes on any of the citizens of the United States, or person under their protection, the Nation or Tribe to which such offender or offenders may belong, shall be bound to deliver him or them up to be punished according to the Ordinances of the United States; provided the punishment shall not be greater than if the robbery or murder, or other Capital crime, had been committed by a citizen on a citizen.

Article 7. If any Citizen of the United States, or person under their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender or offenders shall be punished in the same manner as if the murder or robbery or other capital Crime, had been committed on a citizen of the United States and the punishment shall be in the presence of some of the Cherokees, if any shall attend at the time and place, and that they may have an opportunity so to do, due notice of the time of such intended punishment shall be sent to some one of the tribes.

Article 8. It is understood that the punishment of the Innocent under the idea of retaliation, is unjust, and shall not be practiced on either side, except where there is a manifest violation of this treaty; and then it shall be preceded, by a demand of justice, and if refused, then by a declaration of Hostilities.

Article 9. For the benefit and comfort of the Indians, and for the prevention of Injuries or oppressions on the part of the citizens or Indians: The United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians,

-------------------- page 585 --------------------
and managing all their affairs in such manner as they shall think proper.

Article 10. Until the pleasure of Congress be known, respecting the ninth Article, all Traders citizens of the United States, shall have liberty to go to any of the tribes or towns of the Cherokees to trade with them and they shall be protected in their persons and property, and kindly treated.

Article 11. The said Indians shall give Notice to the citizens of the United States, of any design they may know or suspect to be formed in any Neighboring tribe, or by any person whosoever, against the peace, trade and Interest of the United States.

Article 12. That the Indians may have full confidence in the justice of the United States respecting their Interests, they shall have a right to send a deputy of their choice, whenever they think fit, to Congress.

Article 13. The hatchet shall be forever buried, and the peace given by the United States, and friendship re-established between the said States on the one part, and all the Cherokees on the other, shall be universal; and the contracting parties shall use their utmost endeavors to maintain the peace given as aforesaid, and friendship re-established.

In Witness of all, and every thing herein determined, between the United States of America and all the Cherokees, we their underwritten Commisioners, by virtue of our full power, have signed this definitive treaty, and have caused our Seals hereunto affixed. Done at Hopewell, on the Keeowee, this twenty-eighth of November, in the year of our Lord, One Thousand Seven hundred and eighty-five.

(Signed):
BENJAMIN HAWKINS (L. S.)
AND'W PICKENS (L. S.)
JOS. MARTIN, (L. S.)
LACH. McINTOSH, (L. S.)
KOATOHEE, or corn Tassell of Toquo, his (X) mark.
SCHOLAUETTA, or hanging man of Chota, his (X) mark.
TUSKEGATAHER, or long fellow of Christohoe, his (X) mark.
AOSKWHA, or Abraham of Chilkowa, his (X) mark.
KOLAKUSKA, or Prince of North, his (X) mark.
NEWOTA, or the Gritz of Chicamaga, his (X) mark.
KONATOTA, or the rising fawn of Highwassay, his (X) mark.
-------------------- page 586 --------------------
TUCKASEE, or young Tarrapin, his (X) mark.
TOOSTAKA, or the Waker of Ostanawa, his (X) mark.
UNTOOLA, or gun rod of Sitigo, his (X) mark.
UNSOOKANIAL, or Buffaloe white calf new Cussee, his (X) mark.
KOSTAYEAT, or Sharp Fellow Wataga, his (X) mark.
CHONOSTA, of Cowee, his (X) mark.
CHESCOONWHA, bird in close of Timothy, his (X) mark.
TUSKASEE, or Tarrapin of hightowa his (X) mark.
CHESETOA, or the rabbit of Flacoa, his (X) mark.
CHESECOTENOM, or yellow bird of pine tog, his (X) mark.
SKETALOSKA, second man of Tellico, his (X) mark.
CHOKASATAHE, a Chickasaw killer Tosonta, his (X) mark.
ANANOOTA, of Kovsoatee, his (X) mark.
UMATOOCTHA, the water hunter Chickamawgee, his (X) mark.
WYNKA, of Lookout Mountain, his (X) mark.
TULCO, or Tom of Chatuga, his (X) mark.
WILL, of Akoha, his (X) mark.
NECATEE, of Sawta, his (X) mark.
AMOKONTAKONA, Unteloa, his (X) mark,
ROWETATAHEE, in frog town, his (X) mark.
KEUKUCH, of Talkoa, his (X) mark.
TULATISCA, of Chaway, his (X) mark.
WOVALUKA, the waylayer Chota, his (X) mark.
TATHUSTA, or porpos of Tilassi, his (X) mark.
JOHN, of little Tellico, his (X) mark.
SKELELAK, his (X) mark.
AKONOLUTHA, the Cabbin, his (X) mark.
CHEANOKA, of Kawetakak, his (X) mark.
YELLOW BIRD, his (X) mark.
Witnesses:
Wm. Blount.
Sam Taylor, Major.
John Owen.
Jesse Walton.
John Cowan, Capt. Commandant.
Thos. Gegg.
W. Harrard.
Sworn Interpreters:
James Madison
Authur Coody