Treaty of Hopewell

Last updated

U.S. Representative Andrew Pickens, owner of Hopewell on the Keowee; Andrew Pickens.jpg
U.S. Representative Andrew Pickens, owner of Hopewell on the Keowee;

Three agreements, each known as a Treaty of Hopewell, were signed between representatives of the Congress of the United States and the Cherokee, Choctaw, and Chickasaw peoples. They were negotiated and signed at the Hopewell plantation in South Carolina over 45 days during the winter of 1785–86. [1]

Contents

The treaties were signed at the plantation owned by General Andrew Pickens, which the treaty texts refer to as "Hopewell on the Keowee". Anthropologist James Mooney records that "It was situated on the northern edge of the present Anderson county, on the east side of Keowee River, opposite and a short distance below the entrance of Little River, and about three miles from the present Pendleton. In the sight of it, on the opposite side of Keowee, was the old Cherokee town of Seneca, destroyed by the Americans in 1776." [2]

The chief provision of the treaties was defining boundaries between sovereign tribal lands and lands open to settlement; other boilerplate provisions included exchange of prisoners, prohibition of settlement on tribal lands, rendition of criminals, punishment of crimes against Native Americans, restrictions on retaliation by either side, regulation of trade, and other minor provisions. The order and content of the sections in each Treaty were almost identical with the exception of an article in the Cherokee treaty providing for a Cherokee delegate to congress (reaffirmed in 1835 Treaty of New Echota), a provision that as of Sept. 2022 has yet to be fulfilled by the United States.

Despite affixing their signatures to the treaties, none of the Native American tribes recognized the sovereignty of the United States over their ancestral lands.

Cherokee treaty

Treaty of Hopewell, 1785
TypePeace, Land, Boundaries
Context Cherokee–American wars
Signed28 November 1785 (1785-11-28)
LocationHopewell plantation, South Carolina
Mediators
Parties
Citations7  Stat.   18; 7  Stat.   21; 7  Stat.   24.

On November 28, 1785, the first Treaty of Hopewell was signed between the U.S. representative Benjamin Hawkins and the Cherokee Indians. In addition to circumscribing a large part of the northern and eastern boundary of the Cherokee Nation not already defined by previous treaties and land cessions, the treaty ceded a wedge of land south of the Cumberland river in north central Tennessee around Nashville. A description of the boundary is found in Article 4 of the accord:

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 Tennessee; thence running north-east to the ridge dividing the waters running into Cumberland from those running into Tennessee; thence eastward 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 Campbell's line, near Cumberland gap; thence to the mouth of Claud's 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. [3] :7–11

Included in the signatures of the Cherokee delegation were several from leaders of the Chickamauga (Lower Cherokee), including two from the town of Chickamauga itself and one from Lookout Mountain Town. The Cherokee complained at the treaty that some 3,000 white settlers of the de facto State of Franklin were already squatting on the Cherokee side of the agreed line, between the Holston and French Broad Rivers, and they continued to dispute that region until a new border was defined by the 1791 Treaty of Holston. [4]

The Cherokee also signed two extra-legal treaties with the State of Franklin: Treaty of Dumplin Creek, 1785, and Treaty of Coyatee in 1786 ceding lands in east Tennessee occupied by the State of Franklin. Neither treaty was recognized by the United States.

[5]

Congressional deputy

Article XII states "That the Indians […] shall have the right to send a deputy of their choice, whenever they think fit, to Congress." In 2019, Cherokee Nation principal chief Chuck Hoskin Jr. cited a provision of the 1835 Treaty of New Echota that states that the Cherokee "shall be entitled to a delegate in the House of Representatives of the United States whenever Congress shall make provision for the same," [6] in announcing that he intended to appoint, for the first time, a Congressional delegate from the Cherokee Nation. [7] Pending a decision of the Cherokee National Council, Hoskin said he would nominate Kimberly Teehee, a member of the Cherokee Nation who formerly served as a policy advisor in the administration of President Barack Obama, to the post. [7]

Choctaw treaty

Treaty of Hopewell, January 3, 1786
TypePeace, Land
Signed3 January 1786 (1786-01-03)
LocationHopewell plantation, South Carolina
Mediators
Parties
Citations7  Stat.   18; 7  Stat.   21; 7  Stat.   24.

The US–Choctaw Treaty of Hopewell was signed by the Choctaw at the foothills of the Smoky Mountains on January 3, 1786. The ceded area amounted to 69,120 acres, and the compensation to the Choctaw took the form of protection by the United States. [8] To elaborate, the plenipotentiaries were Benjamin Hawkins, Andrew Pickens and Joseph Martin representing the U.S. while representing the Choctaw were 13 small medals and 12 medal and gorget captains. A description of the boundary is found in article 3:

The boundary of the lands hereby allotted to the Choctaw Nation to live and hunt on, within the limits of the United States of America, is and shall be the following, viz. Beginning at a point on the thirty-first degree of north latitude, where the Eastern boundary of the Natches district shall touch the same; thence east along the said thirty-first degree of north latitude being the southern boundary of the United States of America, until it shall strike the eastern boundary of the lands on which the Indians of the said nation did live and hunt on the twenty-ninth of November, one thousand seven hundred and eighty-two, while they were under the protection of the King of Great-Britain; thence northerly along the said eastern boundary, until it shall meet the northern boundary of the said lands; thence westerly along the said northern boundary, until it shall meet the western boundary thereof; thence southerly along the same to the beginning: saving and reserving for the establishment of trading posts, three tracts of parcels of land of six miles square each, at such places as the United [States] in Congress assembled shall think proper; which posts, and the lands annexed to them, shall be to the use and under the government of the United States of America.

[9]

Chickasaw treaty

Treaty of Hopewell, January 10, 1786
TypePeace, Land
Signed10 January 1786 (1786-01-10)
LocationHopewell plantation, South Carolina
Mediators
Parties
Citations7  Stat.   18; 7  Stat.   21; 7  Stat.   24.

On January 10, 1786, the Treaty of Hopewell was signed between U.S. representatives Benjamin Hawkins, Andrew Pickens, and Joseph Martin and the Chickasaw leaders Taski Etoka, Piomingo, and Lotapaia. [10] A description of the boundary is found in Article 3:

The boundary of the lands hereby allotted to the Chickasaw nation to live and hunt on, within the limits of the United States of America, is, and shall be the following, viz. Beginning on the ridge that divides the waters running into the Cumberland, from those running into the Tennessee, at a point in a line to be run north-east, which shall strike the Tennessee at the mouth of Duck river; thence running westerly along the said ridge, till it shall strike the Ohio; thence down the southern banks thereof to the Mississippi; thence down the same, to the Choctaw line or Natches district; thence along the said line, or the line of the district eastwardly as far as the Chickasaws claimed, and lived and hunted on, the twenty-ninth of November, one thousand seven hundred and eighty-two. Thence the said boundary, eastwardly, shall be the lands allotted to the Choctaws and Cherokees to live and hunt on, and the lands at present in the possession of the Creeks; saving and reserving for the establishment of a trading post, a tract or parcel of land to be laid out at the lower port of the Muscle shoals, at the mouth of Ocochappo, in a circle, the diameter of which shall be five miles on the river, which post, and the lands annexed thereto, shall be to the use and under the government of the United States of America.

[11]

See also

Related Research Articles

<span class="mw-page-title-main">Indian removal</span> Early 19th-century United States domestic policy

Indian removal was the United States government policy of forced displacement of self-governing tribes of Native Americans from their ancestral homelands in the eastern United States to lands west of the Mississippi River – specifically, to a designated Indian Territory. The Indian Removal Act, the key law which authorized the removal of Native tribes, was signed by Andrew Jackson in 1830. Although Jackson took a hard line on Indian removal, the law was enforced primarily during the Martin Van Buren administration. After the passage of the Indian Removal Act in 1830, approximately 60,000 members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw nations were forcibly removed from their ancestral homelands, with thousands dying during the Trail of Tears.

<span class="mw-page-title-main">Indian Territory</span> Evolving areas set aside by the US government for relocation of Native Americans

The Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the United States government for the relocation of Native Americans who held aboriginal title to their land as a sovereign independent state. The tribes ceded land they occupied in exchange for land grants in 1803. The concept of an Indian Territory was an outcome of the U.S. federal government's 18th- and 19th-century policy of Indian removal. After the American Civil War (1861–1865), the policy of the U.S. government was one of assimilation.

<span class="mw-page-title-main">Trail of Tears</span> Forced relocation of the southeastern Native American tribes

The Trail of Tears was an ethnic cleansing and forced displacement of approximately 60,000 people of the "Five Civilized Tribes" between 1830 and 1850 by the United States government. As part of the Indian removal, members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw nations were forcibly removed from their ancestral homelands in the Southeastern United States to newly designated Indian Territory west of the Mississippi River after the passage of the Indian Removal Act in 1830. The Cherokee removal in 1838 was brought on by the discovery of gold near Dahlonega, Georgia, in 1828, resulting in the Georgia Gold Rush.

<span class="mw-page-title-main">Chickasaw</span> Indigenous people of Southeastern Woodlands of the USA

The Chickasaw are an indigenous people of the Southeastern Woodlands, United States. Their traditional territory was in northern Mississippi, northwestern and northern Alabama, western Tennessee and southwestern Kentucky. Their language is classified as a member of the Muskogean language family. In the present day, they are organized as the federally recognized Chickasaw Nation.

<span class="mw-page-title-main">Five Civilized Tribes</span> Native American grouping

The term Five Civilized Tribes was applied by European Americans in the colonial and early federal period in the history of the United States to the five major Native American nations in the Southeast—the Cherokee, Chickasaw, Choctaw, Creek (Muscogee), and Seminoles. Americans of European descent classified them as "civilized" because they had adopted attributes of the Anglo-American culture. Examples of such colonial attributes adopted by these five tribes included Christianity, centralized governments, literacy, market participation, written constitutions, intermarriage with white Americans, and chattel slavery practices, including purchase of enslaved African Americans. For a period, the Five Civilized Tribes tended to maintain stable political relations with the European Americans, before the United States promoted Indian removal of these tribes from the Southeast.

<span class="mw-page-title-main">Treaty of Dancing Rabbit Creek</span> 1831 land cession treaty between the U.S. Government and the Choctaw tribe

The Treaty of Dancing Rabbit Creek was a treaty which was signed on September 27, 1830, and proclaimed on February 24, 1831, between the Choctaw American Indian tribe and the United States Government. This treaty was the first removal treaty which was carried into effect under the Indian Removal Act. The treaty ceded about 11 million acres (45,000 km2) of the Choctaw Nation in what is now Mississippi in exchange for about 15 million acres (61,000 km2) in the Indian territory, now the state of Oklahoma. The principal Choctaw negotiators were Chief Greenwood LeFlore, Mosholatubbee, and Nittucachee; the U.S. negotiators were Colonel John Coffee and Secretary of War John Eaton.

Cherokee Nation v. Georgia, 30 U.S. 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction in the matter, as the Cherokees were a dependent nation, with a relationship to the United States like that of a "ward to its guardian," as said by Chief Justice Marshall.

Lighthorse was the name given by the Five Civilized Tribes of the United States to their mounted police force. The Lighthorse were generally organized into companies and assigned to different districts. Perhaps the most famous were the Cherokee Lighthorsemen which had their origins in Georgia. Although the mounted police were disbanded when the Five Civilized Tribes lost their tribal lands in the late 19th century, some tribes still use the Lighthorse name for elements of their police forces.One unrecognized native lineage clan in Idaho, the Klamawah, has a small security force called Lighthorsemen as security for their gatherings and facilities. These security agents are required to be retired tribal/local police officers.

<span class="mw-page-title-main">Treaty of Fort Jackson</span> 1814 treaty ending the Creek War

The Treaty of Fort Jackson was signed on August 9, 1814 at Fort Jackson near Wetumpka, Alabama following the defeat of the Red Stick resistance by United States allied forces at the Battle of Horseshoe Bend.

<span class="mw-page-title-main">Treaty of Holston</span> July 2, 1791 treaty between the U.S. government and the Cherokee tribes

The Treaty of Holston was a treaty between the United States government and the Cherokee signed on July 2, 1791, and proclaimed on February 7, 1792. It was negotiated and signed by William Blount, governor of the Southwest Territory and superintendent of Indian affairs for the southern district for the United States, and various representatives of the Cherokee peoples, most notably John Watts. The treaty established terms of relations between the United States and the Cherokee, and established that the Cherokee tribes were to fall under the protection of the United States, with the United States managing all future foreign affairs for all the loosely affiliated Cherokee tribes.

The Treaty of Colerain was signed at St. Marys, Georgia in Camden County, Georgia, by Benjamin Hawkins, George Clymer, and Andrew Pickens for the United States and representatives of the Creek Nation, for whom Indian trader Langley Bryant served as an interpreter, on June 29, 1796, proclaimed on March 18, 1797, and codified as 7 Stat. 56. Colerain was a small community and the site of a U.S. Indian factory founded by James Seagrove.

<span class="mw-page-title-main">Treaty of Doak's Stand</span> 1821 treaty between the United States and Choctaw

The Treaty of Doak's Stand was signed on October 18, 1820 between the United States and the Choctaw Indian tribe. Based on the terms of the accord, the Choctaw agreed to give up approximately one-half of their remaining Choctaw homeland. In October 1820, Andrew Jackson and Thomas Hinds were sent as commissioners who represented the United States to negotiate a treaty to surrender a large portion of Choctaw country in Mississippi. They met with tribal representatives at Doak's Stand on the Natchez Trace. They met with the chiefs Pushmataha, Mushulatubbee, and Apuckshunubbee, who represented the three major regional divisions of the Choctaw. Chiefs of the towns and other prominent men accompanied them, such as Colonel Silas Dinsmoor.

<span class="mw-page-title-main">Choctaw freedmen</span> Native American tribal membership dispute

The Choctaw freedmen are former enslaved African Americans who were emancipated and granted citizenship in the Choctaw Nation after the Civil War, according to the tribe's new peace treaty with the United States. The term also applies to their contemporary descendants.

<span class="mw-page-title-main">Treaty of Tellico</span> Peace Treaty Signed between the United States and the Cherokee Nation

The Treaty With The Cherokee, 1798, also known as the First Treaty of Tellico, was signed on October 2, 1798, in the Overhill Cherokee settlement of Great Tellico near Tellico Blockhouse in Tennessee. This treaty served as an addendum to the Treaty of Holston and was the only treaty between the United States and Native Americans executed during the administration of President John Adams.

The Battle of Hightower in 1793 was part of the Cherokee–American wars, in which the Cherokee sought to defend tribal territory from increasing settlement by the citizens of the new United States. This particular battle took place at the Cherokee village of High Town (Itawayi), overlooking downtown Rome in present-day Floyd County, Georgia, resulting in the defeat of the Cherokee by a force led by John Sevier, future Governor of Tennessee.

<span class="mw-page-title-main">Treaty with Choctaws and Chickasaws</span> 1861 treaty between the Confederate States and the Choctaws and Chickasaws

The Treaty with Choctaws and Chickasaws was a treaty signed on July 12, 1861 between the Choctaw and Chickasaw and the Confederate States. At the beginning of the American Civil War, Albert Pike was appointed as Confederate envoy to Native Americans. In this capacity he negotiated several treaties, one of the most important being with Cherokee chief John Ross, which was concluded in 1861. The treaty was ratified and proclaimed on December 20, 1861 by the Confederacy. The Choctaw and Chickasaw also duly ratified the treaty.

The Cherokee have participated in over forty treaties in the past three hundred years.

Events from the year 1786 in the United States.

<span class="mw-page-title-main">Oklahoma Organic Act</span> Statute used by the United States Congress

An Organic Act is a generic name for a statute used by the United States Congress to describe a territory, in anticipation of being admitted to the Union as a state. Because of Oklahoma's unique history an explanation of the Oklahoma Organic Act needs a historic perspective. In general, the Oklahoma Organic Act may be viewed as one of a series of legislative acts, from the time of Reconstruction, enacted by Congress in preparation for the creation of a united State of Oklahoma. The Organic Act created Oklahoma Territory, and Indian Territory that were Organized incorporated territories of the United States out of the old "unorganized" Indian Territory. The Oklahoma Organic Act was one of several acts whose intent was the assimilation of the tribes in Oklahoma and Indian Territories through the elimination of tribes' communal ownership of property.

On the eve of the American Civil War in 1861, a significant number of Indigenous peoples of the Americas had been relocated from the Southeastern United States to Indian Territory, west of the Mississippi. The inhabitants of the eastern part of the Indian Territory, the Five Civilized Tribes, were suzerain nations with established tribal governments, well established cultures, and legal systems that allowed for slavery. Before European Contact these tribes were generally matriarchial societies, with agriculture being the primary economic pursuit. The bulk of the tribes lived in towns with planned streets, residential and public areas. The people were ruled by complex hereditary chiefdoms of varying size and complexity with high levels of military organization.

References

  1. r2WPadmin. "Hopewell, Treaty of". Mississippi Encyclopedia. Retrieved November 24, 2022.
  2. Mooney, James; Smithsonian Institution. Bureau of American Ethnology. (1902). Myths of the Cherokee. Washington, DC: Government Printing Office. Retrieved March 22, 2021.
  3. Treaty with the Cherokee, 1785; Indian Affairs: laws and treaties Vol. 2 (Treaties); via Kapplers' Digital Collection – Oklahoma State University; accessed January 2023; Text= A transcription of the 1785 Cherokee Treaty.
  4. Mooney, Myths of the Cherokee, p. 61 ff.
  5. Cherokee treaty terms The preamble begins with:
    THE Commissioners Plenipotentiary of the United States of America give peace to all the Cherokee nation, and receive them into the favor and protection of the United States of America, on the following conditions: ...
    Treaty of Hopewell, 1785
    The following lists the terms of the treaty:
    1. Indians to restore prisoners (who are U.S. citizens or their allies), slaves, and property.
    2. The United States to restore prisoners to the Indians.
    3. Cherokees acknowledge the protection provided by the United States.
    4. Boundaries defined.
    5. No citizen of the United States shall settle on Indian lands and Indians may punish violators as they please.
    6. Indians to deliver criminals who commit robbery, murder, or capital crimes.
    7. Citizens of the United States committing crimes against Indians to be punished.
    8. Retaliation restrained.
    9. United States to regulate trade.
    10. Special provision for trade.
    11. Cherokees are to give notice of any known designs against the United States by tribes or any person.
    12. Indians may send a "deputy," i.e., representative, to Congress.
    13. Peace and friendship are perpetual.
  6. "Treaty with the Cherokee, 1835 - Article 7". OKState Library Digital Collections. Retrieved September 17, 2019.
  7. 1 2 Krakow, Morgan (August 26, 2019). "200 years ago, the Cherokee Nation was offered a seat in Congress. It just announced its chosen delegate". Washington Post. Retrieved August 26, 2019.
  8. Reeves, Carolyn K. The Choctaw Before Removal. University Press of Mississippi Jackson. 214.
  9. Choctaw treaty terms The preamble begins with:
    THE Commissioners Plenipotentiary of the United States of America give peace to all the Choctaw nation, and receive them into the favor and protection of the United States of America, on the following conditions: ...
    Treaty of Hopewell, 1786
    The following lists the terms of the treaty:
    1. Indians to restore prisoners (who are U.S. citizens or their allies), slaves, and property.
    2. Choctaws acknowledge the protection provided by the United States.
    3. Boundaries defined.
    4. No citizen of the United States shall settle on Indian lands and Indians may punish violators as they please.
    5. Indians to deliver criminals who commit robbery, murder, or capital crimes.
    6. Citizens of the United States committing crimes against Indians to be punished.
    7. Retaliation restrained.
    8. United States to regulate trade.
    9. Special provision for trade.
    10. Choctaws to give notice of any known designs against the United States by tribes or any person.
    11. Peace and friendship are perpetual.
  10. "The Last of the Chickasaw Kings" archived
  11. Chickasaw treaty terms The preamble begins with,
    THE Commissioners Plenipotentiary of the United States of America give peace to the Chickasaw People, and receive them into the favor and protection of the said States, on the following conditions: ...
    Final Treaty of Hopewell, 1786
    The following lists the terms of the treaty: 1. Indians to restore prisoners, slaves, and property.
    2. Acknowledge the protection of the United States.
    3. Boundaries defined.
    4. No citizen of the United States shall settle on Indian lands and Chickasaws may punish them as they please.
    5. Indians to deliver up criminals.
    6. Citizens of the United States committing crimes against Indians to be punished.
    7. Retaliation restrained.
    8. United States to regulate trade.
    9. Special provision for trade
    10. Indians to give notice of any known designs against the United States.
    11. Peace and friendship are perpetual.