Original Intent of 7 Statute 18, 1785 Hopewell Treaty
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:
COMMENTARY:
The Chickamauga would have been leery of the United States government because it had committed genocide and ethnic cleansing of the Citizens of The Chickamauga Nation beginning 19 years before with the assistance and guiding of Indian Allies (cherokee and chickasaw) which included the overhill cherokee.
First, the Chickamauga would not have considered this as a treaty of trust, but as a treaty self-preservation from the genocidal actions of the United States her Indian Allies (cherokee and chickasaw).
Second, the Chickamauga would have interpreted the phrase, “all the cherokees” as to mean all of the people gathered who spoke cherokee since they would have never considered themselves as cherokee and never would have agreed to be called cherokee.
Third, the phrase, “receive them into the favor and protection of the United States of America” would have been understood as the United States would give them favor and protection from the United States military, state militias, and the cherokee.
Finally, the Chickamauga would have interpreted the phrase, “on the following conditions,” as an agreement to promote self-preservation as long as every condition of the treaty was met. They did not have to wait long until the United States intentionally violated this treaty and attacked The Chickamauga Nation for following the mandates of the treaty.
ARTICLE 1.
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.
COMMENTARY:
The Chickamauga would have understood “Head-Men and Warriors” to be the protectors and defenders of the Citizens of The Chickamauga Nation, not politicians.
The Phrase, “restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty” would have been understood to them under the blood laws, customs and practices of the Mound Culture of the Southeast Ceremonial Complex religion. To return these captives to the United States they are agreeing to diminish their own population by returning these legally captured individuals.
ARTICLE 2.
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.
COMMENTARY:
The phrase, “Commissioners of the United States in Congress assembled, shall restore all the prisoners taken from the Indians, during the late war” was an abject lie and the Chickamauga knew it, they knew this was not going to happen.
All the time knowing the United States would not be returning any Chickamauga back to the tribe because they have been victims of genocide and ethnic cleaning and their whereabouts could no longer be accounted for by the United States military.
The Chickamauga would have also known this agreement would only be a one way since the United States had already, destroyed all of the property of the Chickamauga, as their military leaders had taken as sex-slaves the women and children and refused to return them.
This was hard for the Chickamauga to accept, but they agreed to this phrase so that they could secure the favor and protection from the United States.
ARTICLE 3.
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.
COMMENTARY:
The phrase, “on the following conditions” from the preamble had to make them wonder what they were agreeing to with these white men.
The Chickamauga would have interpreted as “the Chickamauga are protected by the United States and shall not be protected by another sovereign on the following conditions.
The Chickamauga did not surrender their sovereignty to the United States. They never have surrendered their sovereignty to the United States, like the cherokee.
The Chickamauga did not surrender their rights to self- determination. The Chickamauga only agreed to be under the protection of the United States “on the following conditions:” They never surrendered their rights to go to other sovereign nations to protect themselves if and when the United States and Allied Tribes break any article of this treaty.
ARTICLE 4.
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.
COMMENTARY:
The Chickamauga would have interpreted this phrase, “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,” very differently than a land cession.
The traditional hunting lands extended to just above the Ohio River on the North, the Mississippi River to the Mississippi and Tennessee border on the West, the Ridge of the Appalachian Mountains on the East and Northern Georgia and Alabama as far south as Atlanta and Birmingham.
First, this is an allotted place for the Chickamauga to hunt, it is NOT a land cession to the United States nor has it ever been considered as such by the Chickamauga.
Second, the Chickamauga agree to hunt in these specific hunting grounds within these specific boundaries but, the Chickamauga do not surrender these lands to the United States. At no time do the Chickamauga consider land trades with the whites because of the 1730 Treaty the Chickamauga fathers and grandfathers signed with the English. The Chickamauga also held land map treaties with Spain which were presented to the Chickamauga leader Doublehead by Baron de Carondelet which would never encourage them to surrender lands to the United States.
ARTICLE 5.
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.
COMMENTARY:
The Chickamauga would have interpreted this phrase, “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:” exactly as they did the 1730 Whitehall Treaty with England, the Chickamauga had the right to kill the illegal, immigrant, squatters for stealing lands, natural resources, produce, and game.
The phrase, “shall not extend to the people settled between the fork of French Broad and Holstein rivers,” would not have been understood that the illegal, immigrant, squatters had an extra protection. These people were illegally trespassing on their Lands in Kentucky which the Henderson land lease held no bearing in their minds since whites were living in lands protected for them in the Treaty with England in 1730.
ARTICLE 6.
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 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.
COMMENTARY:
The phrase, “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 according to the ordinances of the United States,” would not be interpreted as the Americans
had anticipated.
First, it would have been interpreted using blood laws, not American laws. If the “citizen” of the United States is within the original hunting grounds which were never surrendered through cessions of land, then that person is a thief and the Chickamauga had the right to kill the illegal, immigrant, squatters for stealing lands, natural resources, produce, and game.
Second, when the American “citizens” ventured outside of the territorial boundaries of the Ridge of the Appalachians, the Chickamauga would not have considered them as American citizens, because they had forfeited the citizenship when they illegally invaded a foreign country.
Finally, the phrase, “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” would be interpreted as have never receive justice under American laws, so we will enforce justice as we see fit on illegal, immigrant, squatters.
ARTICLE 7.
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.
COMMENTARY:
The Chickamauga would have interpreted the phrase, “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,” the Americans want to send a message to our tribe to let us know they are punishing our people before we can arrive. This same United States whose militaries committed genocide against us, and their Indian Allies (cherokee and chickasaw) who were con-conspirators in the genocide, want to witness the punishment of our people. They would not have trusted the United States.
ARTICLE 8.
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.
COMMENTARY:
First, the Chickamauga would have interpreted this as “the Chickamauga will not retaliate unless the United States and Allied tribes, colonies or their militias, states or their militias, or illegal immigrant squatters violate the any article of this treaty by retaliating themselves.
Second, the Chickamauga did not interpret Article 8 as a surrender their sovereignty to a co-equal nation who had demonstrated the will to conquer Chickamauga lands and government by claiming the genocidal Catholic Church Dogma of the Doctrine of Discovery.”
Finally, the Chickamauga would have interpreted the phrase, “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,” a reminder that the United States and her Indian Allies (cherokee and chickasaw) had already proven to be genocidal so this again would not have been interpreted as a trust treaty, but a co-existence treaty of self-preservation.
ARTICLE 9.
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.
COMMENTARY:
The Chickamauga would have interpreted this as “the Chickamauga will trade exclusively with the United States as long as the United States abides by every article of this treaty. The treaty commitment was only interpreted as, “On these conditions,” with their commitment to the treaty was completely dependent on the United States upholding every one of, “these conditions.”
The Chickamauga knew the United States Congress wanted to keep the Spain and France from making inroads with them as allies for their own protection against the United States. The Chickamauga will not surrender their sovereignty to a co-equal nation to govern their foreign affairs, lands or government.”
ARTICLE 10.
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.
COMMENTARY:
The Chickamauga would have interpreted this as “the Chickamauga will uphold every other article of this treaty meaning all illegal immigrant squatters will be punished without exception according to the laws and customs of the sovereign government of the Chickamauga.” To this point the Chickamauga would have interpreted this treaty under the 1730 Whitehall Treaty and that everyone not authorized by the Congress of the United States is illegally squatting within their Whitehall Treaty boundaries.
ARTICLE 11.
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.
COMMENTARY:
The Chickamauga would have interpreted this as the way to report genocide and ethnic cleansing to the United States government for the protection of the Chickamauga. At no time would the Chickamauga have interpreted this as the United States have the integrity of protecting the interests of the Chickamauga because they were intricately intertwined in the genocidal treatment of the Chickamauga since June of 1776.
ARTICLE 12.
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.
COMMENTARY:
The Chickamauga would have interpreted this as “the Chickamauga have the absolute right and authority to go directly to the Congress of the United State and take a deputy of their choosing with them if they so choose, or to send a deputy to the Congress whenever they see fit. They also would have interpreted this Article as a requirement of the Congress of the United States to respect them as a co-equal, sovereign nation and address their concerns immediately.”
Never would they have interpreted this Article as the Chickamauga have the absolute right to meet with the staff and aids of the members of Congress, which is and of itself would be demeaning. The Chickamauga would only have interpreted this Article as seeing themselves as co-equal, sovereign nation diplomats engaging the sovereign nation diplomats of the United States.
ARTICLE 13.
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.
COMMENTARY:
The Chickamauga would have interpreted this as “the Chickamauga as a separate and sovereign Nation who are not cherokee. The Chickamauga interpreted this as the United States government being lazy in calling them cherokee since they happened to speak the cherokee trade language. This is the first sign of disrespect the United States directed toward The Chickamauga Nation.
The Chickamauga would have interpreted the rest of this Articles of establishing friendship with the United States and its states as well as maintain peace, as long as every article of this treaty is upheld by the United States and its Allied Tribes.”
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.
Chickamauga Listed Among All The Cherokee Signatories
Scholauette or Long Fellow of Chistohoe,
Gritzs of Chickamaga,
Ookoseta or Sower Mush of Kooloque,
Umatooetha or Water Hunter –“Duwali” or “Bowls” Choikamawga,
Wyuka of Lookout Mountain,
Tulco or Tom of Chatuga
Witness – Author Coody
