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4.2 Major treaties and their implications
Last Updated on August 9, 2024
Major treaties shaped Native American-U.S. relations, defining boundaries and rights. Early agreements like Fort Stanwix and Hopewell established precedents, while later treaties like Indian Removal Act led to forced relocations and land loss.
These treaties created a complex legal framework still debated today. Doctrines like Discovery and Reserved Rights continue to influence tribal sovereignty, resource rights, and federal responsibilities in ongoing negotiations and court cases.
Early Treaties
Foundational Agreements with Native Nations
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- Treaty of Fort Stanwix signed in 1768 between British and Iroquois Confederacy
- Established boundary line between colonial settlements and Native American territories
- Allowed colonists to settle lands east and south of the Ohio River
- Iroquois received goods and promises of protection in exchange for land cessions
- Treaty of Hopewell negotiated in 1785-1786 between United States and Cherokee, Choctaw, and Chickasaw nations
- Defined boundaries between tribal lands and U.S. territory
- Established trade relations and regulations
- Promised peace and friendship between signatories
- Included provisions for extradition of criminals across borders
- Treaty of Fort Laramie signed in 1851 between United States and multiple Plains Indian nations
- Aimed to reduce inter-tribal warfare and conflicts with white settlers
- Defined territorial boundaries for participating tribes (Sioux, Cheyenne, Arapaho)
- Granted right-of-way for roads and military posts through Indian lands
- U.S. promised annuities and protection in exchange for safe passage of settlers
Impact and Significance of Early Treaties
- Established precedent for formal nation-to-nation relationships
- Created legal framework for future negotiations and land cessions
- Often resulted in significant loss of Native American lands and resources
- Frequently violated or reinterpreted by U.S. government to favor settler interests
- Laid groundwork for later conflicts and treaty revisions (Fort Laramie Treaty of 1868)
Removal and Relocation
Indian Removal Act and Its Consequences
- Indian Removal Act passed by Congress in 1830 under President Andrew Jackson
- Authorized negotiation of treaties to exchange Native lands in eastern U.S. for lands west of Mississippi River
- Resulted in forced relocation of Five Civilized Tribes (Cherokee, Chickasaw, Choctaw, Muscogee, Seminole)
- Led to infamous Trail of Tears, causing thousands of deaths due to disease, starvation, and exposure
- Opened millions of acres for white settlement and expansion of slavery
- Treaty of New Echota signed in 1835 between U.S. government and minority faction of Cherokee
- Ceded all Cherokee lands east of Mississippi in exchange for lands in Indian Territory (present-day Oklahoma)
- Opposed by majority of Cherokee, including Principal Chief John Ross
- Used as legal justification for forced removal of Cherokee in 1838
- Resulted in deep divisions within Cherokee Nation and loss of ancestral homelands
Post-Civil War Treaties and Continued Displacement
- Medicine Lodge Treaty comprised series of three treaties signed in 1867
- Negotiated with Southern Plains tribes (Kiowa, Comanche, Plains Apache, Southern Cheyenne, Arapaho)
- Aimed to end conflicts between tribes and white settlers on the Southern Plains
- Established reservations in Indian Territory for participating tribes
- Promised annuities, supplies, and education in exchange for land cessions
- Ultimately failed to prevent further conflicts (Red River War of 1874-1875)
- Continued pressure for Native land cessions and confinement to reservations
- Breakdown of treaty system in favor of Congressional acts and executive orders
- Allotment policy introduced by Dawes Act of 1887, further reducing tribal land base
Legal Doctrines
Foundational Principles in Federal Indian Law
- Doctrine of Discovery originated from European colonial era
- Asserted European nations' right to claim lands occupied by indigenous peoples
- Incorporated into U.S. law through Supreme Court decisions (Johnson v. M'Intosh, 1823)
- Established federal government as ultimate title holder of Native American lands
- Limited tribal sovereignty and property rights
- Canons of treaty construction developed by U.S. Supreme Court
- Interpret treaties as Native Americans would have understood them at time of signing
- Resolve ambiguities in favor of tribes
- Liberal construction in favor of Native American rights
- Applied in cases involving treaty rights and interpretation (Worcester v. Georgia, 1832)
Rights and Responsibilities in Tribal-Federal Relations
- Reserved rights doctrine established through Supreme Court decisions
- Recognizes tribes retain all rights not explicitly ceded in treaties
- Applies to hunting, fishing, water rights, and other traditional practices
- Exemplified in cases like Winters v. United States (1908) regarding water rights
- Continues to influence modern legal disputes over natural resources and land use
- Trust responsibility of federal government toward Native American tribes
- Stems from treaty obligations and Supreme Court decisions
- Requires government to act in best interests of tribes and protect tribal resources
- Includes provision of services (healthcare, education) and protection of tribal lands
- Often contested and reinterpreted in ongoing legal battles
Key Terms to Review (29)
Reserved Rights Doctrine: The Reserved Rights Doctrine is a legal principle that asserts that any rights not explicitly granted to the federal government in treaties or statutes with Native American tribes remain with those tribes. This doctrine underscores the idea that Native American tribes retain rights over lands, resources, and governance unless those rights have been clearly relinquished through agreements. This principle has significant implications in understanding the legal and political relationships between tribes and the U.S. government, particularly regarding treaty rights and sovereignty.
Worcester v. Georgia: Worcester v. Georgia was a landmark U.S. Supreme Court case decided in 1832 that established the principle that only the federal government had authority to regulate relations with Native American tribes, and that states could not impose their laws on tribal lands. This decision underscored the sovereignty of Native American nations and highlighted the complexities surrounding treaties made between the U.S. government and these tribes, as well as the conflict between state and federal jurisdiction.
Winters v. United States: Winters v. United States is a landmark Supreme Court case from 1908 that established the principle of reserved water rights for Native American tribes. The ruling clarified that when the federal government establishes a reservation, it implicitly reserves enough water to fulfill the purpose of that reservation, thus protecting tribal access to essential water resources.
Canons of Treaty Construction: Canons of treaty construction refer to a set of principles or guidelines used to interpret treaties and agreements, particularly those involving Indigenous nations. These principles aim to clarify the intent and meaning of the treaty language, ensuring that treaties are understood in a way that respects the rights and sovereignty of Indigenous peoples. This interpretation method is crucial for understanding the historical context and implications of major treaties between Indigenous nations and governments.
Johnson v. M'Intosh: Johnson v. M'Intosh was a landmark Supreme Court case decided in 1823 that established the principle that private citizens could not purchase land from Native Americans. This case defined the legal framework for land ownership and rights, asserting that only the federal government had the authority to acquire land from indigenous tribes, which had significant implications for treaties and land treaties made with Native Americans.
Doctrine of Discovery: The Doctrine of Discovery is a legal and political principle originating in the 15th century that justified European powers' claims to territories inhabited by Indigenous peoples. It asserted that land could be claimed by Christians if it was not occupied by other Christians, leading to the colonization and dispossession of Native American lands. This doctrine laid the groundwork for major treaties and policies impacting Indigenous sovereignty and rights.
Plains Apache: The Plains Apache are a Native American group traditionally located in the Great Plains region of the United States. Known for their nomadic lifestyle, they relied on hunting and gathering, particularly buffalo hunting, which was central to their culture and survival. The Plains Apache's interactions with other tribes and European settlers significantly influenced their social structure, economy, and response to major treaties.
Southern Cheyenne: The Southern Cheyenne are a Native American tribe originally from the Great Plains, specifically in the areas that now comprise Colorado and Wyoming. They are known for their rich cultural heritage, nomadic lifestyle centered around buffalo hunting, and a complex social structure, which has been significantly affected by historical treaties that shaped their relationship with the United States government.
Kiowa: The Kiowa are a Native American tribe originally from the Great Plains, particularly known for their rich cultural traditions and history. They were primarily hunter-gatherers and played a significant role in the social and political dynamics of the region, especially during the 19th century, which included pivotal treaties that reshaped their lands and lifestyle.
Principal Chief John Ross: Principal Chief John Ross was a prominent leader of the Cherokee Nation from 1828 until his death in 1866, known for his resistance against the forced removal of Cherokee people from their ancestral lands, particularly during the Trail of Tears. He played a crucial role in advocating for the rights of his people and negotiating treaties with the U.S. government, which had significant implications for the Cherokee Nation's sovereignty and survival.
Medicine Lodge Treaty: The Medicine Lodge Treaty, signed in 1867, was an agreement between the United States government and several Native American tribes, primarily the Southern Plains tribes, including the Cheyenne, Arapaho, and Comanche. This treaty aimed to establish peace and secure land for the tribes in exchange for their cessation of hostilities against settlers and military forces. It also marked a significant moment in the U.S. government's attempt to control and manage Native American populations through negotiated treaties.
Five Civilized Tribes: The Five Civilized Tribes refers to five Native American nations—the Cherokee, Chickasaw, Choctaw, Creek (Muscogee), and Seminole—that were considered more assimilated into European-American culture in the 19th century. These tribes adopted various aspects of Western culture, including government systems, agriculture, and education, which influenced their interactions with European settlers and the U.S. government, especially in terms of treaties and conflicts.
President Andrew Jackson: President Andrew Jackson was the seventh President of the United States, serving from 1829 to 1837. He is known for his strong leadership style, populism, and significant role in shaping American policies regarding Native Americans, particularly through his support for Indian removal policies that led to forced relocations and the signing of major treaties.
Treaty of New Echota: The Treaty of New Echota was an 1835 agreement between the U.S. government and a faction of the Cherokee Nation, which ultimately led to the forced removal of the Cherokee people from their ancestral lands in the Southeast to designated territory west of the Mississippi River. This treaty, signed by a small group of Cherokee leaders without the consent of the majority, is significant as it highlights the complexities of Native American treaties and the implications of such agreements in U.S. history.
Chickasaw: The Chickasaw are a Native American people originally from the southeastern United States, primarily in what is now Mississippi, Alabama, and Tennessee. They played a significant role in early American history through their interactions with European settlers and their involvement in various treaties that shaped their sovereignty and land rights, along with notable contributions to military service during key conflicts in U.S. history.
Arapaho: The Arapaho are a Native American tribe originally from the Great Plains, primarily in present-day Colorado and Wyoming. They have a rich cultural heritage and history, significantly impacted by major treaties that defined their land rights, political sovereignty, and relationships with the U.S. government.
Choctaw: The Choctaw are a Native American tribe originally from the southeastern United States, primarily located in what is now Mississippi, Louisiana, and Alabama. They are known for their rich culture, language, and significant historical experiences, particularly during events such as the Treaty of Dancing Rabbit Creek, which led to their forced removal from their ancestral lands.
Dawes Act: The Dawes Act, enacted in 1887, aimed to assimilate Native Americans into American society by allotting them individual plots of land and granting U.S. citizenship. This act marked a significant shift in federal policy from recognizing tribal sovereignty to promoting individual land ownership, which ultimately led to the fragmentation of tribal lands and communities.
Treaty of Fort Laramie: The Treaty of Fort Laramie, signed in 1851, was an agreement between the United States government and various Native American tribes to establish peace and define territorial boundaries in the Great Plains. This treaty is significant as it reflects early interactions between the U.S. government and Native tribes, highlighting issues of tribal sovereignty, land rights, and self-determination.
Treaty of Hopewell: The Treaty of Hopewell was a series of agreements made in the late 18th century between the United States and various Native American tribes, primarily the Cherokee, Creek, and Choctaw nations. These treaties aimed to establish peace and define territorial boundaries after the American Revolutionary War, reflecting both the attempts of Native Americans to respond to colonization and the U.S. government's efforts to legitimize land acquisition through formal agreements.
Treaty of Fort Stanwix: The Treaty of Fort Stanwix was an agreement signed in 1768 between the British government and several Native American tribes, primarily the Iroquois Confederacy. This treaty aimed to establish peace and define territorial boundaries, marking a significant event in Native American responses to European colonization and the complex dynamics of land ownership and sovereignty.
Sioux: The Sioux are a group of Native American tribes originally from the northern Great Plains, known for their rich cultural heritage, social structure, and historical significance in American history. They comprise three major divisions: the Dakota, Lakota, and Nakota, each with its own dialect and customs. The Sioux have a profound connection to their land and a history that includes both resistance and adaptation in the face of European colonization and subsequent treaties.
Cherokee: The Cherokee are a Native American tribe originally from the southeastern United States, specifically areas that include present-day North Carolina, South Carolina, Georgia, Alabama, and Tennessee. They are one of the largest tribes in the U.S. and have a rich cultural heritage that includes a complex social structure, a written language developed by Sequoyah, and a history marked by both adaptation and resistance to European colonization and forced relocation.
Cheyenne: The Cheyenne are a Native American people originally from the Great Plains, known for their rich cultural heritage, distinct language, and historical significance in the context of North American history. Their traditional lifestyle was centered around bison hunting, and they played a vital role in the dynamics of trade, warfare, and treaties with other tribes and settlers during westward expansion.
Comanche: The Comanche were a Native American tribe originally from the Great Plains, known for their horse culture and warrior society. They played a significant role in the cultural landscape of North America, especially in relation to their interactions with other tribes and European settlers. The Comanche were part of the larger Shoshonean language family and became dominant in the Southern Plains through their fierce resistance to colonization and strategic alliances.
Iroquois Confederacy: The Iroquois Confederacy, also known as the Haudenosaunee or Six Nations, is a powerful alliance of Native American tribes that originally consisted of the Mohawk, Oneida, Onondaga, Cayuga, Seneca, and later the Tuscarora. This confederacy was established to promote peace, cooperation, and collective defense among its member nations, creating a sophisticated governance system that influenced political thought and democratic principles in North America.
Trail of Tears: The Trail of Tears refers to the forced relocation of thousands of Native Americans from their ancestral lands in the southeastern United States to designated Indian Territory west of the Mississippi River during the 1830s. This tragic event resulted in immense suffering, loss of life, and the erosion of Native American cultures and communities.
Trust Responsibility: Trust responsibility is a legal and moral obligation of the United States government to protect and support Native American tribes, their lands, and resources. This concept forms the basis for the federal government's relationship with tribes, requiring them to act in the best interests of Native peoples while recognizing their sovereignty and self-determination.
Indian Removal Act: The Indian Removal Act of 1830 was a law that authorized the forced relocation of Native American tribes from their ancestral lands in the southeastern United States to designated Indian Territory west of the Mississippi River. This act aimed to clear land for white settlers and has had long-lasting effects on Native American communities and cultures.