Concluded November 28, 17851
At Hopewell, on the Keowee River, in South Carolina,
between Benjamin Hawkins, Andrew Pickens, Joseph Martin, and
Lachlane M'Intosh, Commissioners Plenipotentiary of the United
States, and the Headmen and Warriors of all the Cherokees.
The United States give peace to the Cherokees and
receive them into favor and protection on the following conditions:
1. The Cherokees to restore to liberty all
prisoners citizens of the United States or subjects of their
allies; also, all negroes and other property taken from citizens
during the late war.
2. The United States to restore to the Cherokees
all Indian prisoners taken during the late war.
3. The Cherokees to acknowledge themselves under
the exclusive protection of the United States.
4. The boundary line between the Cherokees'
hunting-ground and the United States to be as follows, viz:
Begin at the mouth of Duck River on the Tennessee; thence
northeast to the ridge dividing the waters falling into the
Cumberland from those falling into the Tennessee; thence
eastwardly along said ridge to a northeast line to be run, which
shall strike Cumberland River 40 miles above Nashville; thence
along said line to the river; thence up the river to the ford
where the Kentucky road crosses; thence to Campbell's line near
Cumberland Gap; thence to the mouth of Claud's Creek on
Holstein; thence to Chimney-Top Mountain; thence to Camp Creek,
near the mouth of Big Limestone on Nolichueky; thence southerly
six (6) miles to a mountain; thence south to the North Carolina
line; thence to the South Carolina Indian boundary, and along
the same southwest over the top of Oconee Mountain till it shall
strike Tugaloo River; thence a direct line to the top of
Currohee Mountain; thence to the head of the south fork of
5. Citizens of the United States or persons
other than Indians who settle or attempt to settle on lands west
or south of said boundary and refuse to remove within six months
after ratification of this treaty to forfeit the protection of
the United States, and the Indians to punish them or not, as
they please: Provided, That this article shall not extend to the
people settled between the fork of French Broad and Holstein
Rivers, whose status shall be determined by Congress.
6. The Cherokees to deliver up for punishment
all Indian criminals for offenses against citizens of the United
7. Citizens of the United States committing
crimes against Indians to be punished by the United States in
the presence of the Cherokees, to whom due notice of the time
and place of such intended punishment shall be given.
8. Retaliation declared unjust and not to be
9. The United States to have sole right of
regulating trade with the Indians and managing their affairs.
10. Traders to have liberty to trade with the
Cherokees until Congress shall adopt regulations relative
11. Cherokees to give notice of any designs
formed by other tribes against the peace, trade, or interests of
the United States.
12. Cherokees to have the right to send a deputy
of their choice to Congress whenever they think fit.
13. The hatchet to be forever buried between the
United States and Cherokees.
1 United States Statutes at Large,
Vol. VII, p. 18.
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Bureau of Ethnology, Volume 5, Cherokee Nation of Indians,
Nation of Indians