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
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 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. /A/
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. /B/
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. /C/
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 tothe 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. /D/
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. /E/
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 /F/ 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.
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. /G/
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. /H/
ARTICLE IX.
For the benefit and comfort of the Indians, and for the prevention 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. /I/
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. /J/
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. /K/
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. /L/
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; /M/ 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.)
And'w Pickens, (L.S.)
Jos. Martin, (L.S.)
Lach'n McIntosh, (L.S.)
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.)
Skelelak, 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.)
Witness:
Wm. Blount,
Sam'l Taylor, Major.,
John Owen,
Jess. Walton,
Jno. Cowan, capt. comm'd't,
Thos. Gregg,
W. Hazzard.
James Madison,
Arthur Cooley,.
Sworn interpreters.
A/ Indians to restore all prisoners, etc.
B/ United States to restore all prisoners.
C/ Cherokees acknowledge protection of United States.
D/ Boundaries.
E/ No citizen of United States to settle on Indian lands.
F/ Indians to deliver up criminals.
G/ Citizens of United States committing crimes against Indians to be punished.
H/ Retaliation prohibited.
I/ United States to regulate trade.
J/ Special provision for trade.
K/ Indians to give notice of designs against United States.
L/Indians may send deputy to Congress.
M/ Peace and friendship perpetual.
