Violation

Hopewell 1785 and Holston 1791: settler intrusion onto Cherokee land

Not yet reviewed by this nation. What follows comes from public records and research. It does not speak for the nation.

Hopewell (1785) told settlers to stay off Cherokee land, but Franklin made conflicting treaties of its own; Holston (1791) reset the border.

Treaty
Treaty of Hopewell (7 Stat. 18); Treaty of Holston
Nations
Cherokee
When
1785-1791
Land affected
Land between the Holston and French Broad rivers in present-day Tennessee, and a wedge near the Cumberland (Nashville).
Legal aftermath
No court remedy. The boundary was reset by a new treaty (Holston 1791), i.e., the loss was ratified rather than reversed.

What happened

The Treaty of Hopewell (November 28, 1785, 7 Stat. 18) set a boundary. In Article V it said any U.S. citizen who tried to settle west or south of it, or who would not leave within six months, would "forfeit the protection of the United States," and the Indians "may punish him or not as they please." One exception applied. It did not cover "the people settled between the fork of French Broad and Holstein rivers," whose situation was sent to Congress for decision.

That exception was where the trouble grew. The Tennessee Encyclopedia describes the unrecognized State of Franklin. It says that in June 1785 "a token number of Cherokee chiefs" signed the Dumplin Creek Treaty with Franklin, allowing settlement south of the French Broad River. In November a larger Cherokee delegation met American representatives at Hopewell and set a line north of Greeneville. "The two conflicting treaties soon produced open warfare between the Franklinites and the Cherokees." By August 1786 the Cherokees, the encyclopedia says, were "defeated and forced to sign the Treaty of Coyatee," which allowed settlement as far south as the Little Tennessee River.

The Treaty of Holston (July 2, 1791, 7 Stat. 39) drew a new boundary in Article IV. In Article VII the United States "solemnly guarantee to the Cherokee nation, all their lands not hereby ceded." The boundary was reset by treaty rather than restored.

Good to know. Hopewell's ban on settlement did not cover settlers already between the French Broad and Holston rivers; the treaty left their case to Congress.

Summarized with AI assistance from 5 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

Supported by the sources below; some details rest on one source.

  1. such person shall forfeit the protection of the United States, and the Indians may punish him or not as they pleaseTribal Treaties Database (Oklahoma State University): Treaty with the Cherokee, 1785 (Hopewell)
  2. this article shall not extend to the people settled between the fork of French Broad and Holstein riversTribal Treaties Database (Oklahoma State University): Treaty with the Cherokee, 1785 (Hopewell)
  3. The two conflicting treaties soon produced open warfare between the Franklinites and the Cherokees.Tennessee Encyclopedia: State of Franklin
  4. By August 1786 the Cherokees had been defeated and forced to sign the Treaty of CoyateeTennessee Encyclopedia: State of Franklin
  5. The United States solemnly guarantee to the Cherokee nation, all their lands not hereby ceded.Tribal Treaties Database (Oklahoma State University): Treaty with the Cherokee, 1791 (Holston)

Research notes. The record quotes 'No citizen of the United States shall settle on Indian lands' as Hopewell text; that is the Article V heading, and Article V itself exempts the settlers between the French Broad and Holston rivers. The figure of 3,000 Franklin settlers and the Cumberland (Nashville) wedge were not confirmed and are omitted. The Cherokee nations hold the Cherokee perspective; none of their accounts was opened.

Treaty or agreementShapes from the 1899 federal record: approximate, not legal boundaries.

Who is doing the work

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Native legal and land defense, nationally

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Connections

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Concerns the instrument 2

Nations named 1

Policy era 1

Sources

  1. en.wikipedia.org/wiki/Treaty_of_Hopewellpointer
The record’s fields
What happened
Hopewell 1785 and Holston 1791: settler intrusion onto Cherokee land -- The 1785 treaty stated 'No citizen of the United States shall settle on Indian lands.' Roughly 3,000 settlers of the unrecognized State of Franklin already occupied Cherokee land between the Holston and French Broad rivers; the Confederation government did not remove them. Franklin made its own treaties with the Cherokee (Dumplin Creek 1785, Coyatee 1786), which the United States did not recognize. The dispute continued until Holston (1791) set a new border.
Kind
Violation
Confidence
Medium
Nation review
Not yet reviewed by this nation
Notes
  • Some details not yet checked against a source
  • Some details unverified

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