Treaty of Dewitt’s Corner, May 20, 1777
The Definitive Treaty of Peace Between South Carolina and Georgia on the one hand, and the Cherokee Nation on the other: concluded at Dewits Corner in South Carolina, the 20th day of May, in the year of our Lord 1777: and in the 2d Year of the Independence of America.
Be it Known unto all Persons, To whom the present may or shall in any manner belong. -
The King of Great Britain, in the prosecution of his unjust desire to enslave America, regardless of the means, through his Ministers, Offices and Superintendents, by false representation having deceived the Cherokee Nation; and perswaded them to massacre indiscriminately according to their custom in war, the Men Women and Children, Inhabitants on the Western Frontier of South Carolina and other States, at the time last Summer when his forces invaded that State from the Sea. And then having abandoned his Cherokee Allies whom he had deceived waged and perswaded into the war, to the just resentment of the People thus at the same time, [illeg] and unexpectedly, attacked on the Sea Coast and opposite Frontiers: It has pleased the Master of Breath so to direct the progress of the war, and the [illeg]ation of the contracting Parties, that, at the conclusion of last Summer they were disposed to extent mercy, and to do Justice. And the Cherokee Nation having during the course of the Last Winter sent Deputies to Charles Town, to implore Pardon; and there upon it being determined to bury the Hatchet and to re-establish Peace; the contracting Parties, for these purposes named and appointed their respective Commissioners and Deputies, in manner following.
The South Carolina Full Powers.
By his Excellency John Rutledge Esq. President and Commander in Chief of South Carolina.
To Colonel Andrew Williamson, Colonel LeRoy Hammond, George Galphien Esq., The Honourable William Henry Drayton and Colonel Daniel Horry Greeting
Whereas in persuance of an Ordinance of the General Assembly of this State, passed on the Thirteenth day of Feburary last, and intitled “An Ordinance appointing Commissioners in manner therein mentioned to conclude a Peace with the Cherokee Nation,” you the said Andrew Williamson, LeRoy Hammond, George Galphien, William Henry Drayton and Daniel Horry, have been duly elected Commissioners for the purpose therein and herein after mentioned. Now Know ye, That I have therefore, And in compliance with the request of the General Assembly of this State, commissioned and hereby Commission you the said Andrew Williamson, LeRoy Hammond, George Galphin, William Henry Drayton and Daniel Horry, or a Majority of you, to meet such Commissioners as have been or may be appointed by the State of Virginia, North Carolina and Georgia, [illeg] on the Twelfth day of May instant at Dewits Corner or at any other time and place which you or a Majority of you may judge fit, in Congress with the Cherokee Indians or their Deputies, And to conclude a Peace with the Cherokee Nation upon such Terms as may be just and equitable-
Given under my hand and Seal at Charles Town in South Carolina, this sixth day of May in the year of our Lord one thousand seven hundred and seventy seven -
The Georgia Full Powers.
In Council
Resolved, That Jonathan Bryan, Jonathan Cochran, John Wereat, John Walton and William Glascock Esquires, or any three of them, be the Commissioners appointed by this State, agreeable to the desire of the State of South Carolina, to attend at the Indian Congress to be held at Dewits Corner on the Seventh day of May next, or when and where the same may be so held
Resolved,
That it be an Instruction to the Commissioner appointed to attend the Indian Congress, that they join and concur in all matters, that appear likely to insure a firm and lasting Peace with the Indians. _
A True copy taken from the Ministers / signed / Sam. Stirk / Secry
The Cherokee Full Powers.
May 16th 1777.
In open Congress with the South Carolina and Georgia Commissioners for establishing Peace and In presence of a great number of their own people, Canatiskeetuowie or the Red Bird of No. E[illeg], and Oustassittee or the Man Killer of Chote, for themselves and Scalaluska or the Second Man, Cheromakee, Clocoheta, Chooconattee, Coskua and Chinitisha, Beloved Men and Warriors of the Cherokee Nation, Declared; That according to the manner and custom of their Nation, they are nominated and appointed on the part of their Nation—Deputies with full powers for them And in their manner, to meet the Commissioners of South Carolina and Georgia and of such other States as may be present; and with them to [illeg] of, conclude upon, and make such terms and conditions of Peace, as may be likely to be established.
Peace and Friendship, between the Parties Assembled that purpose
And The Commissioners and Deputies having regularly met and communicated to each other their full powers, have agreed upon the Articles of Peace, the tenor of which is as follows_
Art: 1st. The Cherokee Nation acknowledge, That the Troops that during the last Summer repeatedly defeated their forces; victoriously penetrated through their lower Towns, Middle Settlements and Vallies; and quietly and unapposed built, held and continue to occupy, the Fort at Esennecca: thereby did effect and maintain, the conquest of all the Cherokee land Eastward of the Unacaye Mountain: and to and for their People, did acquire, possess, and yet continue to hold in and over the said lands; all and singular the rights incidental to conquest. And the Cherokee Nation in consequence thereof, do cede the said lands to the said People _ The People of South Carolina._
Art: IId. South Carolina will immediately send a supply of goods into the Cherokee Nation, and settlements for sale: and permit the Cherokees during their good behaviour to inhabit the Middle settlements and Valleys westward of the highest part of Ocunnee Mountain that their shall not beyond the line extend South West and North East across the highest part of Ocunnee Mountain proceed or Advance without permission from the Commanding Officer at Fort Rutledge; to apply for which, one runner may at any time be sent by the Cherokees; Provided nevertheless, that during this present year, the Cherokees may raise, gather and move the corn they have Planted on the east side of Ocunnee Mountain.
Art: IIId. The Government of South Carolina will endeavour, that the Cherokees shall be furnished with supplies of Goods as usual; and that the Trade shall be put under the best regulations. Every Person who without a proper Pass or License shall arrive in the Cherokee Nation or settlements, the Cherokees will immediately apprehend and deliver to the Commanding Officer at Fort Rutledge; and leave to their own use, all the Cattle, horses, goods, + effects conducted into their Nation or Settlements by every such Person._
Art: IV. Each White Person who instigates or endeavours to instigate the Cherokees to the late war; or encouraged or aided them, or endeavoured to do so in the prosecution of it; and who, now is, or hereafter may [illeg] their power, shall without delay by the Cherokees be apprehended and delivered to the Commanding Officer at Fort Rutledge: and the Cherokees shall take to their own use, all the effects which in their Nation or Settlements they may find in the prossession of, or belonging to every such white Person. And for every such white Person so delivered, shall be paid Five hundred pounds weight of dressed leather; or the value thereof.
Art: V. Any Indian who in the Cherokee Nation or settlements shall murder a white Person, shall be immediately apprehended and conveyed to Fort Rutledge by the Cherokees, who in presence of the Commanding Officer at that Post, shall put the murderer to death; And if any white or other person, belonging to South Carolina or Georgia shall in the Cherokee nation, or any white or other Person shall in South Carolina or Georgia murder a Cherokee Indian every such person, duly convicted thereof, shall suffer death in presence of Cherokee Indians, if any shall attend at the time and Place of execution; And That they may have an opportunity of attending, due notice of the time and place of such intended execution shall be sent to the Cherokees.
Art: VI. All White and Indian Prisoners shall be set at liberty as soon as possible. All Negroes taken during the late war and who now are, or hereafter may be in the power of the Cherokees, shall as soon as possible be delivered up to the Commanding Officer at Fort Rutledge together with the horses, by any of their people before the late was stolen, from South Carolina, Georgia, North Carolina, or Virginia, and which now or hereafter may be in the Power of the Cherokees therein, that restitution may be made to their true owners.
Art: VII. For every run away Negroe that shall be apprehended and delivered by the Cherokees to the Commanding Officer at Fort Rutledge, shall be paid one hundred pounds weight of leather or the value thereof.
Art: VIII. The Hatchet shall be forever buried, and there shall be an universal Peace and Friendship re-established, between South Carolina including the Cattawba and Georgia on the one part and the Cherokee nation on the other. There shall be a General oblivion of injuries. The Contracting Parties shall use their utmust endeavours to maintain the Peace and Friendship now re-established. And the Cherokees shall at all times apprehend and deliver to the Commanding Officer at Fort Rutledge every Person, white or Red, who in their nation or settlements shall by any means endeavour to instigate a war by the Cherokee Nation, or hostility or robbery by any of their people, against or upon any of the American States, or subject thereof-
IN WITNESS is of all and every thing herein determined between South Carolina, Georgia, and the Cherokee Nation, We Their under written Commissioners and Deputies, by virtue of our Full Powers, severally and not one for the others, have signed This present Definition Treaty in their respective Names; And have caused our Seals to be hereunto affixed.-
Done at Dewits Corner, This Twentieth day of May in the year of our Lord one thousand seven hundred and seventy seven.
Oustassitte Cheromakee Choroheta Ooskua
Camatuskeeticowie Scalaluka Crossonattee Chinistisha
A[ndrew] W[illia]mson Leroy Hammond W[illia]m H. Drayton Dan[ie]l Horry
Jonathan Bryan Jon[athan] Cochran W[illia]m Glascock