BOOK GUIDES
Cherokee Nation – Treaty FAQs
37. What is a treaty in the context of U.S.-Cherokee relations? A treaty is a formal agreement between sovereign nations. In the case of the Cherokee Nation, treaties with the United States were meant to establish peace, define boundaries, protect Cherokee lands, and guarantee rights—though many were later broken or violated by the U.S. 38. What was the Treaty of Hopewell (1785)? Signed in 1785, the Treaty of Hopewell was the first treaty between the Cherokee Nation and the newly formed United States. It recognized Cherokee sovereignty and promised U.S. protection for Cherokee lands—promises that were not upheld as settlers pushed westward. 39. What was the Treaty of New Echota (1835), and why is it controversial? The Treaty of New Echota was signed by a small, unauthorized group of Cherokees (the “Treaty Party”) without the consent of the Cherokee government or Principal Chief John Ross. It ceded all Cherokee lands east of the Mississippi in exchange for land in Indian Territory. It led directly to the Trail of Tears , and is widely regarded as illegitimate by the Cherokee people. 40. Did the Cherokee Nation try to stop the Treaty of New Echota? Yes. The vast majority of the Cherokee people opposed the treaty. Chief John Ross submitted a petition to Congress with more than 15,000 Cherokee signatures opposing the agreement—but it was ignored, and the U.S. Senate ratified the treaty by a single vote. 41. What were the consequences of the Treaty of New Echota? The treaty led to the forced removal of the Cherokee Nation from its ancestral lands in 1838–1839. Approximately one-quarter of the Cherokee population died during the Trail of Tears. It marked one of the greatest injustices in U.S. history against a Native Nation. 42. Were there other treaties after removal? Yes. After relocating to Indian Territory, the Cherokee signed treaties such as the Treaty of 1846 , which aimed to reunify the divided Nation after the removal and clarify land rights and compensation. Following the Civil War, the Treaty of 1866 redefined Cherokee citizenship and required the inclusion of Freedmen —formerly enslaved people—into the Nation. 43. What was the Treaty of 1866 and why is it significant today? The Treaty of 1866 was signed between the Cherokee Nation and the U.S. after the Civil War. It reaffirmed Cherokee sovereignty, restructured parts of the tribal government, and guaranteed full rights to Freedmen (Cherokee citizens of African descent). This treaty is still referenced in modern legal battles over Cherokee citizenship and civil rights. 44. Did the U.S. government honor its treaties with the Cherokee Nation? In most cases, the U.S. failed to uphold treaty obligations—allowing settler encroachment, breaking land guarantees, ignoring Supreme Court rulings, and interfering in Cherokee self-governance. These broken promises have had long-term impacts on Cherokee land, identity, and sovereignty. 45. Do Cherokee treaties still matter today? Yes. Treaties are legally binding under the U.S. Constitution (Article VI) and remain central to tribal sovereignty, land rights, and legal status . The Cherokee Nation and other tribes continue to invoke treaties in federal courts and political advocacy to defend their rights and status as sovereign nations. 46. How do treaties relate to Cherokee Nation sovereignty today? Treaties serve as the foundation of the Cherokee Nation’s government-to-government relationship with the United States. They confirm the Cherokee Nation's legal status as a sovereign entity and are used in negotiations, court rulings, and legislation to protect Cherokee rights and self-determination.
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