Treaty of Washington (1846) with the Cherokee
The 1846 Treaty of Washington settled disputes among Cherokee factions, secured the nation's Indian Territory lands to the whole people, and declared amnesty.
- Signed
- August 6, 1846
- Senate
- Ratified August 8, 1846
What happened
What happened
On August 6, 1846, three U.S. commissioners (Edmund Burke, William Armstrong and Albion K. Parris) signed a treaty at Washington with delegations of three parties of Cherokee. They were John Ross and the delegates of the Cherokee Nation, a delegation of the "Treaty Party," and delegates of the "Western Cherokees" or "Old Settlers." The preamble says serious difficulties had long existed between portions of the Cherokee Nation and that there were claims against the United States.
Article 1 says the lands occupied by the Cherokee Nation would be secured to the whole Cherokee people for their common use and benefit. A patent would issue for them, including the 800,000 acres purchased and the outlet west. The patent carried the proviso that the lands would revert to the United States if the Indians became extinct or abandoned them. Article 2 settled differences, declared a general amnesty, pardoned offenses against the nation or individuals, and invited Cherokees who had left to return.
Other articles dealt with money. Article 3 had the United States repay the $5,000,000 fund for certain claims, and Articles 4 and 5 gave the Old Settlers a per capita allowance in exchange for releasing claims to the lands. The treaty was ratified on August 8 and proclaimed on August 17, 1846. It did not cede land to the United States.
Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
shall be secured to the whole Cherokee people for their common use and benefit
Treaty of Washington with the Cherokee, 1846 (OSU Tribal Treaties Database)A general amnesty is hereby declared.
Treaty of Washington with the Cherokee, 1846 (OSU Tribal Treaties Database)A general amnesty is hereby declared
Treaty of Washington with the Cherokee, 9 Stat. 871 (govinfo)
Research notes. The treaty was ratified Aug. 8, 1846 and proclaimed Aug. 17, 1846. The cited sources do not describe how the treaty was carried out or its effect on the factions.
What happened next
Everything the record holds about this land and this treaty, in order: what earlier agreements said, what this one did, and what the United States, the courts and the nations did afterwards.
- 1846
This treaty
Signed
The 1846 Treaty of Washington settled disputes among Cherokee factions, secured the nation's Indian Territory lands to the whole people, and declared amnesty.
- 1846
This treaty
Ratified by the Senate
Who is doing the work today
The nations connected to this treaty come first, then groups returning land and defending treaty rights. Support goes directly to them.
Who is doing the work
This history belongs to living nations. Start with them:
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Sources
Sources
- digitreaties.org/treaties/treaty/175682658reference work
Research notes
Kappler page. Ratification detail: 1846-08-08 (Senate consent; read from the Stat. margin by V2).
Shapes are approximate and are not legal descriptions of land, title or jurisdiction.