Summary
Washington's response to the Treaty
Congressional response to the Treaty

        The following treaty was the first signed with the new United States Government.  It was the first to guarantee against the further intrusions of whites into Cherokee lands.  The treaty also called for all whites to vacate Cherokee lands or give up their governmental protection.  The treaty was good in theory, but soon problems began to develop between the settlers and Cherokee tribes.

         Articles concluded at Hopewell, on the Keowee, between Benjamin
    Hawkins, Andrew Pickens, Joseph Martin, and Lachlan M'Intosh,
    Commissioners Plenipotentiary of the United States of America, of the
    one Part, and the headmen 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 I.

         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 II.

         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 III.

         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 IV.

         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 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.

    ARTICLE V.

         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 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.

    ARTICLE VI.

         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 Cording 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.

    ARTICLE VII.

         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.

    ARTICLE VIII.

         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
    of hostilities.

    ARTICLE IX.

         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.

    ARTICLE X.

         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 XI.

         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.

    ARTICLE XII.

         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.

    ARTICLE XIII.

         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 and every thing herein determined, between the United
    States of America and all the Cherokees, we, their underwritten
    Commissioners, by virtue of Her 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
    And'w Piekens,
    Jos. Martin]
    Lach'n McIntosh
    Koatohee, or Corn Tassel of Toquo, his x mark
    Seholauetta, or Hanging Man of Chota, his x mark
    Tuskegatahu, or Long Fellow of Chistohoe, his x mark
    Ooskvrha, or Abraham of Chilkowa, his x mark
    Kolakusta, or Prince of Noth, his x mark
    Newota, or the Gritzs of Chicamaga his x mark
    Konatota, or the Rising Fawn of Highwassay, his x mark
    Tuckasee, or Young Terrapin of Allajoy, his x mark
    Toostaka, or the Waker of Oostanawa, his x mark
    Untoola, or Gun Rod of Seteco, his x mark
    Unsuokanail, Buffalo White Calf New Cussee, his x mark
    Kostayeak, or Sharp Fellow Wataga, his x mark
    Chonosta, of Cowe, his x mark
    Chescoonwho, Bird in Close of Tomotlug, his x mark
    Tuckasee, or Terrapin of Hightowa his x mark
    Chesetoa, or the Rabbit of Tlaeoa, his x mark
    Cheseeotetona, or Yellow Bird of the Pine Log, his x mark
    Sketaloska, Second Man of Tillico, his x mark
    Chokasatahe, Chiekasaw Killer Tasonta, his x mark
    Onanoota,ofKoosoate,hisx mark,
    Ookoseta, or Sower Mush of Kooloque, his x mark
    Umatooetha. the Water Hunter Choikamawga, his x mark
    Wyuka, of Lookout Mountain, his x mark
    Tulco, or Tom of Chatuga, his x mark
    Will, of Akoha, his x mark
    Neeatee, of Sawta, his x mark
    Amokontakona, Kuteloa, his x mark
    Kowetatahee, in Frog Town, his x mark
    Keukuck, Taleoa, his x mark
    Tulatiska, of Chaway, his x mark
    Wooaluka, the Waylayer, Chota, his x mark
    Tatliusta, or Porpoise of Tilassi, his mark
    John, of Little Tallico, his x mark
    Skelelak, his x mark
    Akonoluchta, the cabin, his x mark
    Cheanoka, of Kawetakae, his x mark
    Yellow Bird, his x mark

    Witness:

    Wm. Blount
    Sam'l Taylor, Major.,
    John Owen,
    Jess. Walton,
    Jno. Cowan, eapt. eomm'd't,
    Thos. Gregg,
    W. Hazzard.
    James Madison,
    Arthur Cooley,

    Sworn interpreters.

Indian Affairs: Laws and Treaties.
     Vol. II (Treaties) in part. Compiled and edited by Charles J. Kappler.
             Washington : Government Printing Office, 1904.