Treaty with the Cherokee
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a.k.a Treaty of Hopewell, 1785
Nov. 28, 1785. | 7 Stat., 18.
Indian Affairs: Laws and Treaties. Vol. II (Treaties)
Compiled and edited by Charles J. Kappler
Washington : Government Printing Office, 1904
Links to Paragraphs
Indians to restore all prisoners, etc.
Articles concluded at Hopewell, on the Keowee, between Benjamin Hawkins, Andrew Pickens,
Joseph Martin, and Lachlan MIntosh, Commissioners Plenipotentiary of the United
States of America, of the one Part, and the Head-Men and Warriors of all the Cherokees
of the other.
United States to restore all prisoners.
Cherokees acknowledge protection of United States.
No citizens of United States to settle on Indian lands.
Indians to deliver up criminals.
Citizens of United States committing crimes against Indians to be punished.
United States to regulate trade.
Special provision for trade.
Indians to give notice of designs against United States.
Indians may send deputy to Congress.
Peace and friendship perpetual.
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:
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.
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.
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.
The boundary allotted 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 the Tennessee; thence eastwardly along the said
ridge to a north-east line to be run, which shall strike the river 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 Campbells line, near Cumberland gap; thence to the
mouth of Clauds creek on Holstein; thence to the Chimney-top mountain; thence
to Camp-creek, near the mouth of Big Limestone, on
Nolichuckey; thence a southerly course six miles to a mountain; thence south to
the North-Carolina line; thence to the South-Carolina Indian
boundary, and along the same south-west over the top of the Oconee mountain till
it shall strike Tugaloo river; thence a direct line to the top of
the Currohee mountain; thence to the head of the south fork of Oconee river.
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 south-ward of the
said boundary which are hereby allotted to the Indians for their hunting grounds,
or having already settled and 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 rivers, whose particular situation shall be transmitted to the United States
in Congress assembled for their decision thereon, which the
Indians agree to abide by.
If any Indian or Indians, or person residing among them, or who shall take refuge
in their nation, shall commit a robbery, or murder, or other
capital crime, on any citizen of the United States, or person
under their protection, the nation, or the 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, that
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.
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 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.
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 first by a demand of justice, and if refused, then by a declaration
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, and managing all their affairs in
such manner as they think proper.
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.
The said Indians shall give notice to the citizens of the United States,
of any designs which they may know or suspect to be formed in any
neighboring tribe, or by any person whosoever, against the peace, trade
or interest of the United States.
That the Indians may have full confidence in the justice of the United
States, respecting their interests, they shall have the right to send a deputy
of their choice, whenever they think fit, to Congress.
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
Commissioners, by virtue of our full powers, have signed this definitive
treaty, and have caused our seals to be hereunto affixed. Done at
Hopewell, on the Keowee, this twenty-eighth of November, in the year of
our Lord one thousand seven hundred and eighty-five.
Benjamin Hawkins, [L. S.]
Andw Pickens, [L. S.]
Jos. Martin, [L. S.]
Lachn McIntosh Koatohee, or Corn Tassel of Toquo, his x mark, [L. S.]
Scholauetta, or Hanging Man of Chota, his x mark, [L. S.]
Tuskegatahu, or Long Fellow of Chistohoe, his x mark, [L. S.]
Ooskwha, or Abraham of Chilkowa, his x mark, [L. S.]
Kolakusta, or Prince of Noth, his x mark, [L. S.]
Newota, or the Gritzs of Chicamaga, his x mark, [L. S.]
Konatota, or the Rising Fawn of Highwassay, his x mark, [L. S.]
Tuckasee, or Young Terrapin of Allajoy, his x mark, [L. S.]
Toostaka, or the Waker of Oostanawa, his x mark, [L. S.]
Untoola, or Gun Rod of Seteco, his x mark, [L. S.]
Unsuokanail, Buffalo White Calf New Cussee, his x mark, [L. S.]
Kostayeak, or Sharp Fellow Wataga, his x mark, [L. S.]
Chonosta, of Cowe, his x mark, [L. S.]
Chescoonwho, Bird in Close of Tomotlug, his x mark, [L. S.]
Tuckasee, or Terrapin of Hightowa, his x mark, [L. S.]
Chesetoa, or the Rabbit of Tlacoa, his x mark, [L. S.]
Chesecotetona, or Yellow Bird of the Pine Log, his x mark, [L. S.]
Sketaloska, Second Man of Tillico, his x mark, [L. S.]
Chokasatahe, Chickasaw Killer Tasonta, his x mark, [L. S.]
Onanoota, of Koosoate, his x mark, [L. S.]
Ookoseta, or Sower Mush of Kooloque, his x mark, [L. S.]
Umatooetha, the Water Hunter Choikamawga, his x mark, [L. S.]
Wyuka, of Lookout Mountain, his x mark, [L. S.]
Tulco, or Tom of Chatuga, his x mark, [L. S.]
Will, of Akoha, his x mark, [L. S.]
Necatee, of Sawta, his x mark, [L. S.]
Amokontakona, Kutcloa, his x mark, [L. S.]
Kowetatahee, in Frog Town, his x mark, [L. S.]
Keukuck, Talcoa, his x mark, [L. S.]
Tulatiska, of Chaway, his x mark, [L. S.]
Wooaluka, the Waylayer, Chota, his x mark, [L. S.]
Tatliusta, or Porpoise of Tilassi, his x mark, [L. S.]
John, of Little Tallico, his x mark, [L. S.]
Skeleak, his x mark, [L. S.]
Akonoluchta, the Cabin, his x mark, [L. S.]
Cheanoka, of Kawetakac, his x mark, [L. S.]
Yellow Bird, his x mark, [L. S.]
Saml Taylor, Major.,
Jno. Cowan, capt. commdt,
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