Jefferson offers his opinion to Knox regarding the Treaty of Hopewell

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Type

Letter Signed

Description

Letter, describes Treaty of Hopewell; describes rights of preemption and occupation.

Date

08/26/1790

Author

Thomas Jefferson

Recipient

Henry Knox

Sent from

New York

Repository

Pierpont Morgan Library

Collection

Henry Knox Papers. [Microfilm]

Document number

1790082640101

Page start

1

Notable persons

Henry Knox
Thomas Jefferson
Cherokees

Notable locations

New York
U.S. [United States]
Hopewell
N. [North] Carolina

Notable items

preserves the rights of it's citizens
secretary at war
had that act never been passed
it does not make imperfect titles perfect
only prevents their being made worse
claimants
latter possess the right of occupation
the former the right of preemption
these deductions seem clear enough
question could be a disagreeable one between the general government, a particular government & individuals
act of cession
act of acceptance by Congress
hazard the following sentiments
stand in any point in direct opposition to each other, I should consider the act of acceptance as void in that point
treaty is a law made by two parties
not revocable by one of them either acting alone or in conjunction with a third party
consider the acceptance as a legislature act of Congress
act of one party only
consider is as a treaty
subsequent treaty with another power
cannot make void a preceding one with a different power
see no such opposition between these two instruments
Cherokees were entitled to the sole occupation of the lands within the limits guaranteed to them
according to the jus genticon established for America by universal usage
right of preemption of these lands against all other nations
right of occupation could not be united to it till abandoned by the U.S. from the Cherokees
on the hasty view which the shortness of time permits me to take of the treaty of Hopewell