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SoutheastTreaty

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.

  1. shall be secured to the whole Cherokee people for their common use and benefitTreaty of Washington with the Cherokee, 1846 (OSU Tribal Treaties Database)
  2. A general amnesty is hereby declared.Treaty of Washington with the Cherokee, 1846 (OSU Tribal Treaties Database)
  3. A general amnesty is hereby declaredTreaty 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.

  1. 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.

  2. 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

Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.

Sources

Sources

  1. 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.