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Treaty of Holston, July 2, 1791
Treaty of Holston
July 2, 1791
7 Stat. 39
A Treaty of Peace and Friendship made and concluded between the President
of the United States of America, on the Part and Behalf of the said States,
and the undersigned Chiefs and Warriors of the Cherokee Nation of Indians,
on the Part and Behalf of the said Nation. /A/
The parties being desirous of establishing permanent peace and friendship
between the United States and the said Cherokee Nation, and the citizens
and members thereof, and to remove the causes of war, by ascertaining their
limits and making other necessary, just and friendly arrangements: The
President of the United States, by William Blount, Governor of the territory
of the United States of America, south of the river Ohio, and Superintendant
of Indian affairs for the southern district, who is vested with full powers
for these purposes, by and with the advice and consent of the Senate of
the United States: And the Cherokee Nation, by the undersigned Chiefs and
Warriors representing the said nation, have agreed to the following articles,
namely:
ARTICLE I.
There shall be perpetual peace and friendship between all the citizens
of the United States of America, and all the individuals composing the
whole Cherokee nation of Indians. /B/
ARTICLE II.
The undersigned Chiefs and Warriors, for themselves and all parts of the
Cherokee nation, do acknowledge themselves and the said Cherokee nation,
to be under the protection of the said United States of America, and of
no other sovereign whosoever; and they also stipulate that the said Cherokee
nation will not hold any treaty with any foreign power, individual state,
or with individuals of any state. /C/
ARTICLE III.
The Cherokee nation shall deliver to the Governor of the territory of the
United States of America, south of the river Ohio, on or before the first
day of April next, at this place, all persons who are now prisoners, captured
by them from any part of the United States: And the United States shall
on or before the same day, and at the same place, restore to the Cherokees,
all the prisoners now in captivity, which the citizens of the United States
have captured from them. /D/
ARTICLE IV.
The boundary between the citizens of the United States and the Cherokee
nation, is and shall be as follows: Beginning at the top of the Currahee
/E/ mountain, where the Creek line passes it; thence a direct line to Tugelo
river; thence northeast to the Occunna mountain, and over the same along
the South-Carolina Indian boundary to the North-Carolina boundary; thence
north to a point from which a line is to be extended to the river Clinch,
that shall pass the Holston at the ridge which divides the waters running
into Little River from those running into the Tennessee; thence up the
river Clinch to Campbell's line, and along the same to the top of Cumberland
mountain; thence a direct line to the Cumberland river where the Kentucky
road crosses it; thence down the Cumberland river to a point from which
a south west line will strike the ridge which divides the waters of Cumberland
from those of Duck river, forty miles above Nashville; thence down the
said ridge to a point from whence a south west line will strike the mouth
of Duck river.
And in order to preclude forever all disputes relative to the said boundary,
the same shall be ascertained, and marked plainly by three persons appointed
on the part of the United States, and three Cherokees on the part of their
nation.
And in order to extinguish forever all claims of the Cherokee nation, or
any part thereof, to any of the land lying to the right of the line above
described, beginning as aforesaid at the Currahee mountain, it is hereby
agreed, that in addition to the consideration heretofore made for the said
land, the United States will cause certain valuable goods, to be immediately
delivered to the undersigned Chiefs and Warriors, for the use of their
nation; and the said United States will also cause the sum of one thousand
dollars to be paid annually to the said Cherokee nation. And the undersigned
Chiefs and Warriors, do hereby for themselves and the whole Cherokee nation,
their heirs and descendants, for the considerations above-mentioned, release,
quit-claim, relinquish and cede, all the land to the right of the line
described, and beginning as aforesaid.
ARTICLE V.
It is stipulated and agreed, that the citizens and inhabitants of the United
States, shall have a free and unmolested use of a road from Washington
district to Mero district, and of the navigation of the Tennessee river.
/F/
ARTICLE VI.
It is agreed on the part of the Cherokees, that the United States shall
have the sole and exclusive right of regulating their trade. /G/
ARTICLE VII.
The United States solemnly guarantee to the Cherokee nation, all their
lands not hereby ceded. /H/
ARTICLE VIII.
If any citizen of the United States, or other person not being an Indian,
shall settle on any of the Cherokees' lands, such person shall forfeit
the protection of the United States, and the Cherokees may punish him or
not, as they please. /I/
ARTICLE IX.
No citizen or inhabitant of the United States, shall attempt to hunt or
destroy the game on the lands of the Cherokees; nor shall any citizen or
inhabitant go into the Cherokee country, without a passport first obtained
from the Governor of some one of the United States, or /J/ territorial
districts, or such other person as the President of the United States may
from time to time authorize to grant the same.
ARTICLE X.
If any Cherokee Indian or Indians, or person residing among them, or who
shall take refuge in their nation, shall steal a horse from, or commit
a robbery or murder, or other capital crime, on any citizens or inhabitants
of the United States, the Cherokee nation shall be bound to deliver him
or them up, to be punished according to the laws of the United States.
/K/
ARTICLE XI.
If any citizen or inhabitant of the United States, or of either of the
territorial districts of the United States, shall go into any town, settlement
or territory belonging to the Cherokees, and shall there commit any crime
upon, or trespass against the person or property of any peaceable and friendly
Indian or Indians, which if committed within the jurisdiction of any state,
or within the jurisdiction of either of the said districts, against a citizen
or white inhabitant thereof, would be punishable by the laws of such state
or district, such offender or offenders, shall be subject to the same punishment,
and shall be proceeded against in the same manner as if the offence had
committed within the jurisdiction of the state or district to which he
or they may belong, against a citizen or white inhabitant thereof. /L/
ARTICLE XII.
In case of violence on the persons or property of the individuals of either
party, neither retaliation or reprisal shall be committed by the other,
until satisfaction shall have been demanded of the party of which the aggressor
is, and shall have been refused. /M/
ARTICLE XIII.
The Cherokees 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 whatever, against the peace and interest of the
United States. /N/
ARTICLE XIV.
That the Cherokee nation may be led to a greater degree of civilization,
and to become herdsman and cultivators, instead of remaining in a state
of hunters, the United States will from time to time furnish gratuitously
the said nation with useful implements of husbandry, and further to assist
the said nation in so desirable a pursuit, and at the same time to establish
a certain mode of communication, the United States will send such, and
so many persons to reside in said nation as they may judge proper, not
exceeding four in number, who shall qualify themselves to act as interpreters.
These persons shall have lands assigned by the Cherokees for cultivation
for themselves and their successors in office; but they shall be precluded
exercising any kind of traffic. /O/
ARTICLE XV.
All animosities for past grievances shall henceforth cease, and the contracting
parties will carry the foregoing treaty into full execution with all good
faith and sincerity. /P/
ARTICLE XVI.
This treaty shall take effect and be obligatory on the contracting parties,
as soon as the same shall have been ratified by the President of the United
States, with the advice and consent of the Senate of the United States.
/Q/
In witness of all and every thing herein determined between the United
States of America and the whole Cherokee nation, the parties have hereunto
set their hands and seals, at the treaty ground on the bank of the Holston,
near the mouth of the French Broad, within the United States, this second
day of July, in the year of our Lord one thousand seven hundred and ninety-one.
William Blount, governor in and over the territory of the United States
of America south of the river Ohio, and superintendent of Indian Affairs
for the southern district, (L.S.)
Chuleoah, or the Boots, his x mark, (L.S.)
Squollecuttah, or Hanging Maw, his x mark, (L.S.)
Occunna, or the Badger, his x mark, (L.S.)
Enoleh, or Black Fox, his x mark, (L.S.)
Nontuaka, or the Northward, his x mark, (L.S.)
Tekakiska, his x mark, (L.S.)
Chutloh, or King Fisher, his x mark, (L.S.)
Tuckaseh, or Terrapin, his x mark, (L.S.)
Kateh, his x mark, (L.S.)
Kunnochatutloh, or the Crane, his x mark, (L.S.)
Cauquillehanah, or the Thigh, his x mark, (L.S.)
Chesquotteleneh, or Yellow Bird, his x mark, (L.S.)
Chickasawtehe, or Chickasaw Killer, his x mark, (L.S.)
Tuskegratehe, Tuskega Killer, his x mark, (L.S.)
Kulsatehe, his x mark, (L.S.)
Tinkshalene, his x mark, (L.S.)
Sawutteh, or Slave Catcher, his x mark, (L.S.)
Aukuah, his x mark, (L.S.)
Oosenaleh, his x mark, (L.S.)
Kenotetah, or Rising Fawn, his x mark, (L.S.)
Kanetetoka, or Standing Turkey, his x mark, (L.S.)
Yonewatleh, or Bear at Home, his x mark, (L.S.)
Long Will, his x mark, (L.S.)
Kunoskeskie, or John Watts, his x mark, (L.S.)
Nenetooyah, or Bloody Fellow, his x mark, (L.S.)
Chuquilatague, or Double Head, his x mark, (L.S.)
Koolaquah, or Big Acorn, his x mark, (L.S.)
Toowayelloh, or Bold Hunter, his x mark, (L.S.)
Jahleoonoyehka, or Middle Striker, his x mark, (L.S.)
Kinnesah, or Cabin, his x mark, (L.S.)
Tullotehe, or Two Killer, his x mark, (L.S.)
Kaalouske, or Stopt Still, his x mark, (L.S.)
Kulsatche, his x mark, (L.S.)
Auquotague, the Little Turkey's Son, his x mark, (L.S.)
Talohteske, or Upsetter, his x mark, (L.S.)
Cheakoneske, or Otter Lifter, his x mark, (L.S.)
Keshukaune, or She Reigns, his x mark, (L.S.)
Toonaunailoh, his x mark, (L.S.)
Teesteke, or Common Disturber, his x mark, (L.S.)
Robin McClemore, (L.S.)
Skyuka, (L.S.)
John Thompson, Interpreter.
James Cery, Interpreter.
Done in presence of - -
Dan'l Smith, Secretary Territory United States south of the river Ohio.
Thomas Kennedy, of Kentucky.
Jas. Robertson, of Mero District.
Claiborne Watkins, of Virginia.
Jno. McWhitney, of Georgia.
Fauche, of Georgia.
Titus Ogden, North Carolina.
Jno. Chisolm, Washington District.
Robert King.
Thomas Gegg. A/ Proclamation, Feb. 7, 1792. B/ Peace and friendship perpetual.
C/ Indians acknowledge protection of United States. D/ Prisoners to be
restored. E/ Boundaries. F/ Stipulation for a road. G/ United States to
regulate trade. H/ Guarantee. I/ No citizen to settle on Indian lands.
J/ Nor hunt on the same. K/ Indians to deliver up criminals. L/ Citizens
of United States committing crimes in Indian territory to be punished.
M/ Retaliation restrained. N/ Cherokees to give notice of designs against
United States. O/ United States to make presents. P/ Animosities to cease.
Q/ Ratification.
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