The New Echota Treaty: Introduction Using the Canons of Construction
The Primer for the Canons of Construction are HERE on the Website.
It is impossible to interpret the New Echota Treaty without using the Original Intent or the Strict Construction method of interpretation in understanding the necessity of the Treaty.
The New Echota Treaty demonstrates what was historically know in the Southeast for well over a century, there was never only one “Cherokee Nation.” For one to make the argument that there was only one historic Cherokee Nation demonstrates their inability to read English and then comprehend what they have just read. Therefore: I will walk everyone through the United States history with Treaties with, "All the Cherokees."
The very first Treaty is in 1785 and it is addressed to “All of the Cherokees.” First, you have to ask yourself what does this phrase mean as it was written. Who are “All the Cherokees?” Historically, the only logical interpretations of this single phrase can be: 1) To all of the Indians who spoke the Cherokee Trade Language OR 2) To all of the people of the “Cherokee Nation.”
It is now time to understand how the United States wrote Treaties in that timeframe. The only logical interpretation is “to all the Indians who spoke the Cherokee Trade Language.” It would be illogical to identify “All the Cherokee” in this context as all of the individuals within the Cherokee Nation since it was common knowledge that the signatories of the treaty were not all ethnically, racially, culturally, religiously, or historically “Cherokee.” If not for all of the individuals of the Cherokee Nation, then what does “All of the Cherokees” mean? It is best understood in the linguistics, the language, of those who signed the Treaty.
Ex: If a person speaks English, does that make that person a citizen of Great Britain? Of course not, the person could live in India, Brazil, France, or the United States and linguistically speak English but that does not make them British subjects. If a person speaks Spanish, does that make that person a citizen of Spain? Of course not, the person could live in Mexico, Peru, California, Texas, or Panama and linguistically speak Spanish but that does not mean they are citizens of Spain.
Therefore; the Canons of Construction using Original Intent as our guide demands we interpret the Treaty language in the 1785, Hopewell Treaty when it uses the phrase “All of the Cherokees.” This level of interpretation means that the Treaty language is addressed to all of the Indians who spoke the Cherokee Trade Language, not the race, ethnicity, or individual citizens of the Cherokee Nation or it would have said to the Cherokee Nation. This interpretation takes into account the Powhatan, Catawba, Chara, Cherokee, Chickamauga, Shawnee, Creek, Natchez, and dozens of other smaller, lesser known tribes. The Treaty language, “All the Cherokees” was meant to have specific meaning as to which Indians the treaty was addressed in the Southeast.
What does any of this method of interpretation have to do with the New Echota Treaty? It is of vital importance since the Original Treaty to “All the Cherokees” gives us a better understanding when we begin asking the questions about who is the Treaty Party? Who is the National Party? Who are these parties in relationship with the New Echota Treaty?
There are over 17 Treaties between the United States and “the Cherokee Nation.” Have you ever stopped and asked yourself which one of the numerous “Cherokee Nations” are being discussed? When reading the Annals of Congress, The War Department Records, The State Department Papers, the Founder Online, and the Letters of Washington, Adams, Jefferson, Monroe, and Jackson, it is even more apparent that there are numerous Cherokee Nations discussed. There are the Overhill, the Middle Town, and the Lower Town Cherokee. There are the individual Chiefs, Headmen, and warriors of many individual towns identified as the Cherokee Nation. Even the Treaties themselves make no distinction as to which Cherokee Nation other than who signs the Treaty and that is vital to understanding which of the various Cherokee Nations is being discussed.
Between 1801 and 1835, there are at least four (4) different Chickamauga groups identified. In the War Department Records, the American State Papers, in the Founders Online and in the Annals of Congress it is easy to identify at least four different groups who were without doubt Chickamauga, Which the United States identified as parts of the Cherokee Nation or as the Cherokee Nation. Historically, the first group of Chickamauga were those discussing with Jefferson a planned move to Arkansas in 1808-1809. The second group of Chickamauga was the group of older Chiefs who tried to discourage the first group from going to Arkansas. The third group of Chickamauga was the younger warriors on the Cumberland River and Holston Rivers and their Tributaries who continued to harass the settlers who invaded the traditional homelands. The fourth group, could even be subdivided, consisted of those who remained east of the Mississippi River after the 1817 and 1819 Treaties. This latter group eventually became known as the Treaty Party.
The first takeaway from today’s post is: The Canons of Construction MUST be used when interpreting Treaties.
The second takeaway from today’s post is: “To All the Cherokees” has a specific meaning. It means all of the Indians who spoke Cherokee.
The third takeaway from today’s post is: Research demonstrates that there are numerous “Cherokee Nations and the only way to know which one is which is by the context of the document, i.e., who signed the document.
Finally, if you are Chickamauga, you come from an amazing family lineage. Celebrate being Chickamauga.
(C) This document was produced at the request of the Senate Committee on Indian Affairs on July 18, 2019, to document the History, Anthropology, Culture, Religion, and Archaeology of The Chickamauga Nation.