Over the last few episodes, we covered several treaties that freed up land in western New York, western Pennsylvania, western Virginia, and the territory north of the Ohio River for western expansion. This provided new lands for settlers from the northern states. Some of it would be sold to help fund the Continental Congress and pay off war debts. Other land would be used to provide promised grants to veterans of the Revolutionary War.
Southern states faced a similar challenge and opportunity. With the war over, settlers wanted to push further west into lands. These lands were claimed by various tribes, including the Creek, Cherokee, Choctaw, and Chickasaw.
American Commissioners
In 1785, the Continental Congress appointed five commissioners to negotiate terms with the southern tribes. Two of the commissioners, Daniel Carroll of Maryland and William Perry of Delaware, refused the appointments. Those who accepted were Andrew Pickens, Benjamin Hawkins, and Joseph Martin. Later, Congress added a fourth commissioner, Lachlan McIntosh. All of the commissioners were leading advocates for taking more Indian lands.
Andrew Pickens
Andrew Pickens was born in Pennsylvania. His family moved to Virginia and then South Carolina while he was still a child. In 1764, as a young man, Pickets established a plantation, which he called Hopewell, in western South Carolina, near the border with Georgia. Pickens was already an experienced Indian fighter, having served in the Anglo-Cherokee War of 1760-61.
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| Andrew Pickens |
I’ve mentioned many of Pickens’ exploits during the war in previous episodes. He rose to the rank of brigadier general during the revolution, fighting in numerous battles against both the British and their Cherokee allies He was captured at Fort Ninety-Six and wounded at Eutaw Springs.
In 1782, after the British had withdrawn back to Charleston, Pickens remained active fighting loyalists and Cherokee along the western border of the state. Over that fall, the militia attacked and destroyed a number of Cherokee villages, killing any warriors that they found. Pickens also traveled to a meeting at Augusta in October, where Georgia officials negotiated a treaty with the Cherokee. Negotiations took five months, resulting in the Treaty of Long Swamp Creek in 1783, in which the Cherokee gave up claims to what is today northern Georgia, as well as the western part of South Carolina. This included giving up the town of Seneca, across the river from Pickens’ plantation. The Cherokee had already given up a large amount of land following the Cherokee war of 1777. This seemed to be simply another land grab. Many Creek and Cherokee factions rejected the terms of the treaty, but Georgia and South Carolina considered it binding.
When the British evacuated Charleston at the end of the year, Pickens was elected to the South Carolina legislature. He also devoted time to rebuilding his Hopewell Plantation, which had been destroyed during the war.
In the spring of 1784, Cherokee claimed that settlers were moving into some of the lands that had been claimed by both Georgia and South Carolina. This set off a border dispute between the two states that would last for years. The other concern was that these illegal settlements could result in another Indian war.
In 1785, Pickens had completed work on a new larger mansion at Hopewell. He received word of his appointment from Congress to establish a new treaty with the Indians.
Benjamin Hawkins
Congress also appointed Benjamin Hawkins, a leader from North Carolina. Raised on the frontier, Hawkins spoke several Indian languages. He also attended the College of New Jersey at Princeton. The Revolution began while Hawkins was still in college. He joined the Continental Army before he could graduate, and served as a French interpreter for General Washington. In 1777, after the arrival of Lafayette, Hawkins found his services were no longer required.
He returned to North Carolina and was elected to the state House of Representatives. He then represented his state in the Continental Congress from 1781 through 1783. Upon reaching Congress’ three year term limit, Hawkins returned to the North Carolina legislature. He was serving in the legislature when he received Congress’ appointment to serve on the commission to establish a new treaty with the Indians.
Joseph Martin
The third member of the commission, Joseph Martin, came from a Virginia planter family. Joseph was drawn to frontier life at the age of 16, when he ran away from an apprenticeship to join the fight to capture Fort Pitt during the French and Indian War. Following the war, he remained on the frontier, where he worked as a surveyor, fur trader, and land speculator. He received a rather large land grant in southwestern Virginia, near what is today the Kentucky border. Part of this region was also disputed with North Carolina.
During this pre-war era, there were numerous Indian uprisings and raids, giving Martin considerable experience as an Indian fighter. On several occasions, Indian attacks forced him off his land, only to see him return a short time later. He built several defensive forts, known as Martin’s Station. After the death of his first wife, Martin married a half-Cherokee wife, with whom he had two children.
In 1777, Governor Patrick Henry appointed Martin as Virginia’s Superintendent for Indian Affairs. He managed to keep the local Cherokee neutral during much of the war. Though at times, they participated in attacks in coordination with the British and loyalists in the region.
By the end of the war, Martin was well established as an Indian agent, as well as a speculator in western lands. Much of his time following the end of the war, was trying to restrain settlers in the self-proclaimed state of Franklin from retaliatory raids against the Cherokee, which threatened to set off another war.
Lachlan McIntosh
The three committee members met and agreed to hold treaty negotiations at Pickens’ plantation at Hopewell. Trouble arose, however, from Georgia. These negotiations under the authority of Congress threatened to call into question Georgia’s Treaty of Long Swamp Creek that had been concluded earlier. Georgia saw this as an infringement on the state’s sovereign authority. Georgia appointed Lachlan McIntosh and Elijah Clark to survey and establish Georgia’s borders as Georgia saw it in its treaty, before this Congressional commission could meet and decide anything different.
In an attempt to smooth over any hard feelings, Congress added McIntosh to the commission, along with Pickens, Hawkins, and Martin.
McIntosh is also someone we’ve covered many times before in earlier episodes. The Scottish native had immigrated to Georgia with his family as a young boy. His father died only a few years later during a conflict with the Spanish. McIntosh was raised in a Savannah orphanage. As a teenager, he moved to Charleston where we worked as a clerk for Henry Laurens. After that, he moved to the Georgia frontier where he worked as a surveyor, and acquired a sizable rice plantation.
When the Revolution began, McIntosh had already proven himself to be a patriot and military leader. As a colonel in the Georgia Militia, he repelled a British assault on the Savannah River in 1776. Shortly afterward, he received an appointment as brigadier general in the Continental Army.
McIntosh had been in a political conflict with Button Gwinnett, who had also wanted a commission in the Continental Army. After McIntosh received the appointment, Gwinnett went to serve in the Continental Congress. Shortly after that, he returned to Savannah and became involved in state politics. After becoming the President of Georgia, Gwinnett and McIntosh fought over a great many things, eventually resulting in a duel where McIntosh killed Gwinnett.
Following the duel, General Washington pulled McIntosh north to prevent possible retaliation against him by Gwinnett’s political allies. McIntosh commanded Fort Pitt, on the western frontier for a time. During this time, he established Fort McIntosh along the Ohio River. He ended up returning south for the defense of Charleston in 1780, when he was taken prisoner.
When he returned to his plantation after the war, he found it destroyed by the British. He was broke and struggled to rebuild his home. Georgia elected him to the Continental Congress in 1784, but he could not afford to go. The following year, he received this survey appointment and then the appointment by Congress to serve on the treaty commission.
Creek Negotiations
The largest group of Indians in the region was the Creek. The commissioners attempted to open negotiations with the Creek, but found it difficult. At the time, the Creek Confederacy was headed by Alexander McGillivray, also known as Hoboi-Hili-Miko. His father had been a Scottish trader who had married his mother Sehoy Marchand, a Creek woman who herself had a father who was a French trader.
McGillivray had grown up on one of his father’s large plantations in Augusta. When he got older, we went to school in Charleston and then served as an apprentice to a trading company. He seemed headed for a career as a wealthy southern merchant.
The Revolution, however, changed everything. McGillivray’s father remained a staunch loyalist and returned to Scotland when the war began. In 1777 Alexander, who also remained a loyalist, moved west to live with his mother’s family among the Creek. He received a commission in the British Army during the war, but did not really do much fighting. He worked more as a diplomat for the Creek.
Given his lack of experience living among the Creek, it’s not entirely clear how he came to lead them. His hatred of the Americans, combined with his wealth and education, certainly made him stand out. He could not speak Creek very well, and he continued to live as a colonial planter. He built two plantations for himself in what is today Alabama. When Chief Emistigo was killed in an attempt to relieve the British garrison at Savannah in 1782, McGillivray became the principal spokesman for the relatively disorganized Creek.
When Georgia began compelling the Cherokee to cede lands in 1783, McGillivray reached out to the British at St. Augustine for help. The British responded that the war was over, and that they were getting ready to turn over St. Augustine to the Spanish. They provided a little ammunition, but essentially told him that the Creek were on their own.
McGillivray next attempted to reach out to Spanish authorities, looking for a new ally. In May, 1784, McGillivray and other Creek leaders met with Spanish officials in Pensacola. They agreed to put the Creek Confederacy under the protection of Spain, in exchange for aid and support against the Americans. At the time, Spain was more concerned over its control of the Mississippi River. It saw keeping the Creek as a buffer to westward advancing Americans as being in Spain’s interest. In return, the Creek had the support of a powerful ally who could provide military assistance.
So when the American commissioners came calling, the Creek were in no mood to sign any treaty. They asserted land claims as far north as modern day Tennessee, and disputed most of the territories that the Americans had claimed in recent years. With the Creek unwilling to negotiate, the commissioners abandoned the effort and moved on to the Cherokee.
Cherokee Negotiations
The Cherokee arrived at Hopewell plantation in November of 1785. Groups of families arrived over several days, totaling nearly 1000 people. Over the next few days, the Cherokee leaders discussed terms with the commissioners.
The final treaty established specific boundaries for Cherokee land and what lands were open to settlement. Both sides would have the authority to punish or remove trespassers who settled illegally on their territory. It also required both sides to return any prisoners, including slaves, and any other property that they had taken during the war. The Cherokee also had to recognize that the United States was the sole protector of the region, not Spain, not Britain, only the US. Congress would have the exclusive power to regulate trade with the Cherokee.
Most of the Cherokee leaders rejected the treaty terms. They noted that there were already 3000 settlers from the State of Franklin that had settled inside Cherokee territory, and that the US had done nothing about that. Because Congress refused to recognize the State of Franklin, or do anything about the settlers, the Cherokee ended up signing two more treaties. The had negotiated the Treaty of Dumplin Creek, with President John Sevier of Franklin a few months earlier, and would agree to the Treaty of Coyatee in 1786 ceding even more lands in east Tennessee to the State of Franklin.
Quite a few, however, realized that they could not continue in a state of war with the US. While many leaders refused to sign the treaty, several dozen of them did. The Commissioners deemed this treaty binding on all of the Cherokee.
It was tradition to provide gifts at such treaty ceremonies. When nearly 1000 Cherokee demanded gifts, the commissioners had to scramble to accommodate them. This nearly exhausted their funds. The commissioners decided to dismiss their security detail in order to save money.
Choctaw Negotiations
As the Cherokee departed in late November, a Choctaw delegation was on its way to Hopewell. Their travels were delayed when Creek Indians seized most of their horses, forcing them to travel the rest of the way on foot. A group of 127 men and women arrived at Hopewell in late December.
Two of the commissioners did not think the Choctaw would arrive when they did. Commissioners Martin and McIntosh had already left. They were able to get word to Martin, but McIntosh would miss the negotiations entirely.
The Choctaw requested gifts of food and new clothes before they would proceed with negotiations. Pickens also invited the leaders who had arrived in time to share Christmas dinner with him. After the gifts and some ceremonial events, the two sides began discussions.
The final treaty would contain many of the same terms in the treaty with the Cherokee. The Choctaw would have to recognize the United States as the sole protector of the Choctaw. Both sides would return any prisoners or property from the late war. Both would be permitted to protect their territories from others who would settle there illegally.
The borders of Choctaw territory essentially force the tribe to cede nearly 70,000 acres to the United States. Part of the lands the US affirmed belonged to the Choctaw were actually controlled by the Creek. The US would be no help with the Choctaw attempting to assert their claims to that land. That was a matter between the Choctaw and the Creek. In addition, the US claimed three tracts inside Choctaw territory to set up trading camps.
The Choctaw leaders present generally accepted the terms and agreed to them. They were more focused on establishing trade relationships within South Carolina. The Choctaw had fought the Spanish, alongside their British allies during the war, and had a really poor relationship with Spain. With Britain now gone, the Choctaw hoped a better trading alliance with the United States would help them against their continued rivalry against the Spanish.
The Commissioners and Choctaw leaders finalized their treaty on January 3, 1786. After that, the Choctaw returned home.
Chickasaw Negotiations
Just as the Choctaw delegation was leaving, the Chickasaw delegation arrived at Hopewell. This was an even smaller group, only a few dozen people.
Once again, the final terms were very similar to the other treaties, marking out boundaries of land reserved for the Chickasaw, and ceding other lands to the US. The Chickasaw would recognize the United States as the sole power over their lands. But would retain the power to deal with any illegal settlers on their land. They would deliver up any prisoners or property. The Continental Congress would regulate all trade with the Chickasaw and would also establish a trading post on their territory.
Like the Choctaw, the Chickasaw had been longtime allies with the British and had fought against the French and Spanish for generations. With the British gone, the Chickasaw had to rely on the United States to assist with any Spanish aggression.
Chickasaw negotiators questioned the provision for the return of American prisoners or property, since they said they had none. They allowed the provision to remain, considering it meaningless. Three Chickasaw leaders signed a final treaty on January 10, after which the delegation returned home.
Post-Treaty Events
Along the way, several war parties of renegade Cherokees attacked the Chickasaw and stole their property. The local Cherokee chief, fearing that this would blow back on him, went after the stolen property and returned it to Hopewell. The chief apologized that those responsible for the thefts had managed to escape and could not be turned over for punishment.
It seems, however, that many Indians were trying to play both sides off against each other. Just over a year earlier, both Choctaw and Chickasaw negotiators had signed treaties with Spanish officials in Pensacola, which acknowledged that Spain had the sole power over their lands and also controlled them from trading with others.
The Congressional delegation also had problems ensuring they could keep to their side of the treaty. Georgia leaders continued with their contention that the Continental Congress had no authority to negotiate treaties on their behalf, and they would not be held to any such agreements. North Carolina also refused to support these treaties. Several years later, the state legislature would pass a bill declaring these treaties null and void, and upholding state land grants to lands that had been reserved for the Indians under these treaties.
Despite these challenges, the commissioners delivered the treaties to Congress, which then approved trading posts with these tribes, and considered the matter closed.
Next week, we head to Virginia, which passes the Virginia Statute of Religious Freedom.
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Next Episode 340 Virginia Statute for Religious Freedom (Available soon)
Previous Episode 338 John Adams Goes to London
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Further Reading
Websites
Treaty of Hopewell: https://mississippiencyclopedia.org/entries/treaty-of-hopewell
Treaty of Hopewell Videos: https://www.chickasaw.tv/events/hopewell-treaty
The Oconee War https://flagpole.com/news/news-features/2004/04/07/the-oconee-war-3
Treaty with the Cherokee, 1785 https://treaties.okstate.edu/treaties/treaty-with-the-cherokee-1785-0008
Treaty with the Chickasaw, 1786 https://treaties.okstate.edu/treaties/treaty-with-the-chickasaw-1786-0014
Treaty with the Choctaw, 1786 https://treaties.okstate.edu/treaties/treaty-with-the-choctaw-1786-0011
Spanish Treaties with West Florida Indians 1784-1802 https://stars.library.ucf.edu/cgi/viewcontent.cgi?article=3143&context=fhq
Kinnaird, Lawrence, et al. “Spanish Treaties with Indian Tribes.” The Western Historical Quarterly, vol. 10, no. 1, 1979, pp. 39–48. JSTOR, https://doi.org/10.2307/967131
Stock, Melissa A. “Sovereign or Suzerain: Alexander McGillivray’s Argument for Creek Independence after the Treaty of Paris of 1783.” The Georgia Historical Quarterly, vol. 92, no. 2, 2008, pp. 149–76. JSTOR, http://www.jstor.org/stable/40585053
Free eBooks
(from archive.org unless noted)
Chappell, Absalom Harris The Oconee War. Alexander McGillivray. Gen. Elijah Clark. Col. Benjamin Hawkins, Columbus, GA: Thos Gilbert, 1874 (Google Books).
Hawkins, Benjamin Creek Confederacy and a Sketch of the Creek Country, Savannah, 1848.
Henderson, W. A. Alexander McGillivray, The Last King of the Creeks, Atlanta: Foote & Davies Co. 1903.
Mooney, James Myths of the Cherokee, Government Printing Office, 1902.
Books Worth Buying
(links to Amazon.com unless otherwise noted)*
Jackson, Harvey H. Lachlan McIntosh and the Politics of Revolutionary Georgia, Univ. of GA Press, 1979 (borrow on archive.org).
Pound, Merritt B. Benjamin Hawkins: Indian Agent, Univ. of GA Press, 1951 (borrow on archive.org).
Waring, Alice Noble The Fighting Elder: Andrew Pickens, 1739-1817, Univ. of S.C. Press, 1962 (borrow on archive.org).
* As an Amazon Associate I earn from qualifying purchases.
