6.2 Major treaties and agreements
8 min read•august 21, 2024
Major treaties and agreements profoundly shaped Native American history and U.S.-tribal relations. From early colonial interactions to modern-day negotiations, these pacts defined boundaries, established reservations, and set policies that continue to impact indigenous communities.
Despite promises of peace and protection, many treaties were broken or poorly implemented. This legacy of broken promises has led to ongoing legal battles and negotiations as tribes fight to preserve their sovereignty, reclaim ancestral lands, and protect cultural resources in the face of changing government policies.
Origins of treaty-making
- Treaty-making between Native American tribes and European settlers shaped the course of North American history
- Understanding the origins of treaty-making provides crucial context for the complex relationships between indigenous peoples and colonial powers
Pre-colonial indigenous agreements
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- Intertribal alliances formed through ceremonial exchanges and oral traditions
- Wampum belts served as physical records of agreements between tribes
- Clan-based diplomacy systems governed inter-nation relations
- Peace treaties often included adoption rituals to symbolize unity
European-indigenous early interactions
- Initial trade agreements established economic relationships between tribes and colonists
- Language barriers led to misunderstandings in early treaty negotiations
- European concepts of land ownership clashed with indigenous views of shared land use
- The of 1613 between the Haudenosaunee and Dutch set a precedent for nation-to-nation agreements
Treaty of Paris implications
- Ended the Seven Years' War in 1763 and reshaped North American territorial control
- Transferred vast indigenous lands to British control without tribal consultation
- Sparked indigenous resistance movements ()
- Led to the , establishing guidelines for British-indigenous relations
Key 18th century treaties
- 18th century treaties laid the groundwork for future U.S.-Native American relations
- These agreements often resulted in significant land cessions and altered tribal boundaries
Treaty of Fort Stanwix
- Signed in 1768 between the British and Iroquois Confederacy
- Established a boundary line between colonial settlements and Native American territories
- Resulted in the cession of large areas of Iroquois land to the British
- Created tensions between the Iroquois and other tribes whose lands were affected
Treaty of Hopewell
- Series of three treaties signed in 1785-86 between the U.S. and Cherokee, Choctaw, and Chickasaw nations
- Defined tribal boundaries and established trade relations
- Promised peace and friendship between the U.S. and these tribes
- Included provisions for returning prisoners and regulating trade
Northwest Ordinance impact
- Passed in 1787, established a framework for U.S. expansion into the Northwest Territory
- Recognized Native American right to land occupancy and property
- Stipulated that Indian lands could only be taken through treaties or wars
- Set a precedent for future U.S. policy regarding Native American land acquisition
19th century removal treaties
- 19th century removal treaties dramatically altered the landscape of Native American territories
- These agreements often resulted in forced relocation and significant cultural disruption
Indian Removal Act context
- Passed in 1830 under President Andrew Jackson
- Authorized the negotiation of treaties to exchange Native American lands in the East for lands west of the Mississippi
- Justified removal based on the concept of "civilizing" Native Americans
- Led to a series of treaties resulting in the forced relocation of many eastern tribes
Treaty of New Echota
- Signed in 1835 between the U.S. government and a small faction of Cherokee leaders
- Ceded all Cherokee lands east of the Mississippi in exchange for lands in Indian Territory (present-day Oklahoma)
- Resulted in the forced removal of the Cherokee Nation ()
- Disputed by the majority of Cherokee people and their elected leadership
Fort Laramie Treaty series
- Multiple treaties signed at Fort Laramie, Wyoming between the U.S. and various Plains tribes
- 1851 treaty established tribal territories and allowed for safe passage of settlers
- 1868 treaty created the Great Sioux Reservation and guaranteed hunting rights
- Both treaties were repeatedly violated by the U.S. government and settlers
Reservation system establishment
- The fundamentally altered Native American life and land ownership
- These treaties often confined tribes to specific areas and restricted their traditional ways of life
Treaty of Fort Laramie 1851
- Defined territories for several Plains tribes (Sioux, Cheyenne, Arapaho)
- Allowed for the construction of roads and military posts in tribal territories
- Promised annual payments to tribes in exchange for safe passage of settlers
- Failed to prevent conflicts as gold discoveries led to increased settler encroachment
Medicine Lodge Treaty 1867
- Series of three treaties signed with Southern Plains tribes (Kiowa, Comanche, Apache, Cheyenne, Arapaho)
- Established reservations in Indian Territory for these tribes
- Promised food, supplies, and education in exchange for land cessions
- Attempted to transition nomadic tribes to a more sedentary, agricultural lifestyle
Treaty with the Sioux 1868
- Also known as the Fort Laramie Treaty of 1868
- Created the Great Sioux Reservation, including the Black Hills
- Guaranteed Sioux rights to hunt in unceded territories
- Promised to close the Bozeman Trail and remove military posts from Sioux lands
- Later violated by the U.S. government after gold was discovered in the Black Hills
Post-Civil War agreements
- Post-Civil War agreements reflected changing U.S. policies towards Native Americans
- These policies often aimed at assimilation and the breakup of tribal lands
Peace Commission of 1867
- Established by Congress to negotiate peace with Plains tribes
- Resulted in the and 1868 Fort Laramie Treaty
- Aimed to end conflicts and move tribes onto reservations
- Recommended separating Native Americans from white settlers to prevent violence
Dawes Act implications
- Passed in 1887, also known as the General Allotment Act
- Divided tribal lands into individual allotments to promote assimilation
- Resulted in significant loss of Native American land to white settlers
- Weakened tribal governments and traditional communal land ownership systems
Curtis Act consequences
- Passed in 1898, extended the Dawes Act to the Five Civilized Tribes
- Abolished tribal courts and governments in Indian Territory
- Prepared for the creation of the state of Oklahoma
- Further eroded and land holdings
20th century developments
- 20th century policies marked a shift towards greater recognition of Native American rights
- These developments aimed to address past injustices and promote tribal self-governance
Indian Citizenship Act 1924
- Granted U.S. citizenship to all Native Americans born in the United States
- Allowed Native Americans to vote while retaining tribal membership
- Did not automatically grant voting rights in all states
- Represented a shift from policies of assimilation to integration
Indian Reorganization Act 1934
- Also known as the Wheeler-Howard Act
- Ended the allotment policy and restored tribal land management
- Encouraged tribes to adopt constitutions and establish formal governments
- Provided funds for land purchases and economic development projects
Indian Claims Commission 1946
- Established to hear and resolve long-standing Native American
- Allowed tribes to seek compensation for lands taken illegally or unfairly
- Operated until 1978, hearing 370 cases and awarding $818 million in settlements
- Criticized for monetary focus rather than land restoration
Modern era agreements
- Modern agreements reflect ongoing efforts to address Native American rights and sovereignty
- These acts aim to protect cultural resources and promote economic development
Alaska Native Claims Settlement
- Passed in 1971 to resolve land claims by Alaska Natives
- Transferred 44 million acres of land and $962.5 million to Native corporations
- Created regional and village corporations to manage land and resources
- Extinguished aboriginal land claims in Alaska
Native American Graves Protection
- Enacted in 1990 to protect Native American cultural items and remains
- Requires federal agencies and museums to return cultural items to tribes
- Established a process for repatriation of human remains and sacred objects
- Provides for protection of burial sites on federal and tribal lands
Indian Gaming Regulatory Act
- Passed in 1988 to regulate gaming on Indian lands
- Established the National Indian Gaming Commission
- Defined three classes of gaming with different regulatory requirements
- Allowed tribes to negotiate gaming compacts with states
Treaty rights vs reality
- The implementation of treaties often fell short of their promises
- Ongoing legal battles and negotiations continue to address treaty rights
Broken promises and violations
- U.S. government frequently failed to fulfill treaty obligations
- Encroachment on treaty-guaranteed lands by settlers and corporations
- Inadequate or delayed delivery of promised goods and services
- Forced relocation despite treaty protections (Trail of Tears)
Supreme Court interpretations
- (1832) affirmed tribal sovereignty
- (1903) allowed Congress to unilaterally abrogate treaties
- (1905) established the reserved rights doctrine
- (2020) reaffirmed reservation boundaries based on 19th-century treaties
Contemporary treaty disputes
- Water rights conflicts in the American West ()
- Fishing rights disputes in the Pacific Northwest ()
- Land claim settlements in New England and New York
- Ongoing debates over resource extraction on treaty-guaranteed lands
Cultural impact of treaties
- Treaties and subsequent policies had profound effects on Native American cultures
- The legacy of these agreements continues to shape tribal identities and practices
Loss of ancestral lands
- Forced relocation disrupted traditional lifeways and spiritual practices
- Separation from sacred sites and burial grounds
- Ecological changes altered traditional food sources and medicinal plants
- Fragmentation of tribal communities and kinship networks
Forced assimilation policies
- Boarding school system aimed to eradicate Native languages and cultures
- Prohibition of traditional religious practices (Indian Religious Crimes Code)
- Encouragement of individual land ownership over communal systems
- Imposition of Western-style governance structures on tribes
Preservation of tribal sovereignty
- Treaties recognized tribes as sovereign entities
- Establishment of government-to-government relationships
- Retention of certain hunting, fishing, and water rights
- Basis for modern tribal self-governance and economic development
Legacy and ongoing issues
- The effects of historical treaties continue to shape contemporary Native American issues
- Ongoing negotiations and legal battles address unresolved treaty-related concerns
Land claim settlements
- of 1980
- of 1974
- Ongoing negotiations for land returns and compensation
- Challenges of balancing historical claims with current land use
Water rights negotiations
- established tribal water rights based on reservation creation dates
- of 2004 resolved long-standing disputes
- Ongoing negotiations in the Colorado River Basin
- Challenges of climate change and water scarcity in implementing water rights
Federal recognition process
- Formal acknowledgment of tribal status by the U.S. government
- Criteria include continuous community, political authority, and descent from historical tribe
- Impacts access to federal services and protection of sovereignty
- Controversies over denied recognitions and terminated tribes seeking restoration
Key Terms to Review (44)
Alaska Native Claims Settlement: The Alaska Native Claims Settlement Act (ANCSA), enacted in 1971, was a landmark piece of legislation that resolved land claims by Alaska Natives and established a framework for the management of resources and development in Alaska. This act is pivotal as it recognized the rights of Indigenous peoples to their ancestral lands and aimed to provide economic opportunities while promoting self-determination among Alaska Natives.
Arizona Water Settlements Act: The Arizona Water Settlements Act is a federal law enacted in 2004 that addresses water rights and allocations for various tribes in Arizona, particularly the Gila River Indian Community and the Tohono O'odham Nation. This act aims to resolve long-standing water disputes by allocating specific water supplies to the tribes, promoting sustainable water use, and ensuring that the rights of Native American communities are recognized and honored.
Boldt Decision: The Boldt Decision, issued in 1974 by U.S. District Court Judge George H. Boldt, affirmed the fishing rights of Native American tribes in Washington State, recognizing their treaty rights to half of the harvestable fish in their traditional waters. This landmark ruling connected tribal sovereignty with resource management and challenged state regulations that limited tribal fishing activities, reflecting broader themes of Native American rights and the legacy of treaties.
Breach of treaty: A breach of treaty occurs when one party fails to uphold the terms agreed upon in a formal agreement between two or more entities, often leading to disputes and conflicts. In the context of Native American history, breaches of treaties often involved the U.S. government failing to honor commitments made to Indigenous nations, resulting in loss of land, resources, and sovereignty for those communities. This has had long-lasting impacts on the relationships between Native American tribes and federal authorities.
Chief Joseph: Chief Joseph was the leader of the Nez Perce tribe and is best known for his resistance to the U.S. government's attempts to force his people onto reservations during the late 19th century. His efforts were deeply intertwined with various aspects of Native American history, including the spiritual beliefs of his people, the treaties made and broken with the U.S. government, and the broader struggles against assimilation and land allotment policies.
Colorado River: The Colorado River is a major river in the western United States, stretching over 1,450 miles and known for carving the Grand Canyon. It has played a crucial role in shaping the landscape, culture, and economy of the regions it flows through, particularly in relation to treaties and agreements with Native American tribes regarding water rights and land use.
Cultural Assimilation: Cultural assimilation is the process by which individuals or groups adopt the cultural norms of another group, often leading to a loss of their original cultural identity. This concept has played a significant role in the history of various societies, particularly in the interactions between Indigenous peoples and European settlers, where it often resulted in profound changes to social structures, traditions, and ways of life.
Federal acknowledgment: Federal acknowledgment is the process through which the United States government recognizes a Native American tribe as a sovereign entity with certain rights and privileges. This recognition is crucial for tribes seeking to establish their legal status, gain access to federal resources, and assert their rights under various treaties and laws. The process is governed by specific regulations that outline the criteria for recognition, often tied to historical treaties and agreements.
Fort Laramie Treaty Series: The Fort Laramie Treaty Series refers to a collection of treaties between the United States and various Native American tribes, established primarily at Fort Laramie in Wyoming during the mid-19th century. These treaties aimed to delineate territorial boundaries, ensure peace between tribes and settlers, and address issues related to land use and resources as westward expansion intensified.
Historical trauma: Historical trauma refers to the cumulative emotional and psychological effects that a group experiences due to the traumatic events and experiences inflicted upon them over generations. This concept is crucial in understanding how past injustices, such as forced relocations and cultural genocide, have lingering impacts on present-day communities, particularly in terms of identity, health, and social cohesion.
Indian Citizenship Act: The Indian Citizenship Act, enacted in 1924, granted U.S. citizenship to all Native Americans born in the United States. This act was a significant step towards recognizing Native Americans as full citizens, but it also reflected the broader forced assimilation policies that aimed to erase indigenous identities and cultures. The act created complex relationships with the federal government and affected treaties and agreements made with tribes, while also influencing indigenous representation in media and politics.
Indian Claims Commission: The Indian Claims Commission was a U.S. federal agency established in 1946 to address and settle claims made by Native American tribes against the federal government for losses of land and resources. This commission aimed to provide a legal avenue for tribes to seek compensation for grievances stemming from treaties, land dispossession, and other injustices, marking a significant step in the federal acknowledgment of Native American rights.
Indian Gaming Regulatory Act: The Indian Gaming Regulatory Act (IGRA) is a federal law enacted in 1988 that regulates the operation of gaming activities on Indian reservations in the United States. The act establishes a framework for the regulation of tribal gaming, balancing the interests of tribes, states, and the federal government while aiming to promote tribal economic development.
Indian Removal Act: The Indian Removal Act of 1830 was a law that authorized the forced relocation of Native American tribes living east of the Mississippi River to designated 'Indian Territory' west of the river. This act was a significant part of a broader policy aimed at clearing lands for European-American settlement, reflecting the belief in Manifest Destiny and the nation's expansionist ambitions.
Indian Reorganization Act: The Indian Reorganization Act, enacted in 1934, aimed to reverse the damage caused by previous assimilation policies and restore tribal self-governance. This act was a significant shift in federal Indian policy, encouraging tribes to reestablish their governments and manage their lands and resources.
Land cession: Land cession refers to the process by which a territory or land is surrendered or transferred from one entity to another, often under treaties or agreements. This term is significant in understanding the historical dynamics between Native American tribes and European settlers, especially during key conflicts and negotiations that reshaped North America, impacting sovereignty, land ownership, and indigenous rights.
Land Claims: Land claims refer to the legal assertions made by Indigenous peoples or nations regarding their rights to specific territories based on historical usage, treaties, or inherent rights. These claims often arise from the displacement and loss of land experienced due to colonization and governmental policies, and they are crucial in negotiating treaties and agreements that seek to restore rights and recognize sovereignty.
Lone Wolf v. Hitchcock: Lone Wolf v. Hitchcock is a significant U.S. Supreme Court case decided in 1903, which upheld the authority of Congress to unilaterally alter treaties made with Native American tribes without their consent. This case is crucial as it established a legal precedent that Congress could disregard the terms of treaties, impacting various aspects of Native American rights, land ownership, and federal authority over tribal affairs.
Maine Indian Claims Settlement Act: The Maine Indian Claims Settlement Act, enacted in 1980, was a landmark legislation that resolved land claims by the Penobscot and Passamaquoddy tribes in Maine against the state and federal government. This act acknowledged the historical injustices faced by these tribes, leading to a settlement that included monetary compensation and the return of certain lands. It played a crucial role in shaping the relationship between the tribes and the state, particularly in the context of treaties and agreements that impacted Native American rights and land ownership.
McGirt v. Oklahoma: McGirt v. Oklahoma is a landmark U.S. Supreme Court case from 2020 that affirmed the existence of a historic tribal reservation in Eastern Oklahoma. This decision recognized that a large portion of the land in question, which includes much of Tulsa, remains a reservation for the Creek Nation, impacting the state's authority over criminal prosecutions involving Native Americans and highlighting the significance of treaties and agreements in determining tribal sovereignty.
Medicine Lodge Treaty: The Medicine Lodge Treaty, signed in 1867, was an agreement between the United States government and several Plains Indian tribes, including the Cheyenne, Arapaho, and Comanche. This treaty aimed to establish peace between these tribes and settlers, while also relocating them to reservations in Indian Territory (present-day Oklahoma). It is significant for its role in the Plains Indian Wars and as part of a broader pattern of treaties and agreements made during the period.
Montana v. United States: Montana v. United States is a significant Supreme Court case from 1981 that addressed the authority of Native American tribes to regulate non-tribal members on tribal land. The ruling clarified the limits of tribal sovereignty, particularly concerning jurisdiction over non-tribal activities and affirmed the trust relationship between tribes and the federal government.
Native American Graves Protection: Native American Graves Protection refers to a federal law enacted in 1990 that aims to protect the burial sites and cultural heritage of Native American tribes. This legislation mandates the repatriation of Native American remains and cultural items from federal and tribal lands, acknowledging the significance of these sites to Native communities and addressing past injustices in the treatment of Native American remains.
Navajo-Hopi Land Settlement Act: The Navajo-Hopi Land Settlement Act, enacted in 1974, aimed to resolve land disputes between the Navajo Nation and the Hopi Tribe in northeastern Arizona. This act was significant in shaping the land ownership and governance of these tribes, especially after decades of tension over territorial claims, which led to relocation and resettlement challenges for the Navajo people.
Northwest Ordinance: The Northwest Ordinance was a significant piece of legislation enacted by the United States Congress in 1787 that established a framework for governing the Northwest Territory. This ordinance laid out the process for admitting new states into the Union and provided guidelines for land sales, governance, and the treatment of Native American lands, marking a crucial step in westward expansion and state formation in early American history.
Pontiac's Rebellion: Pontiac's Rebellion was a conflict that began in 1763, led by the Ottawa chief Pontiac, against British military presence and colonial expansion in the Great Lakes region after the French and Indian War. The rebellion highlights tensions between Native American tribes and British settlers, underscoring the struggles of Indigenous peoples to defend their lands and way of life amidst European colonization.
Reparative justice: Reparative justice refers to the approach of addressing past injustices by recognizing harm done to marginalized groups and providing remedies that promote healing and restitution. This concept emphasizes accountability and the need for reparations, often through financial compensation or acknowledgment of historical wrongs, particularly in the context of treaties and agreements that have impacted Native American communities.
Reservation system: The reservation system refers to the policy implemented by the United States government in the 19th century that designated specific areas of land for Native American tribes, often forcing them to relocate from their ancestral homelands. This system was a significant part of U.S. policy towards Indigenous peoples and is closely tied to land treaties, military conflicts, and efforts to assimilate Native Americans into mainstream American society.
Royal Proclamation of 1763: The Royal Proclamation of 1763 was an order issued by King George III following the end of the French and Indian War, which aimed to organize British territories in North America and establish a framework for relations with Native American tribes. It prohibited colonial expansion westward beyond the Appalachian Mountains, intending to stabilize relations with Indigenous peoples and prevent further conflicts over land.
Sitting Bull: Sitting Bull was a prominent Lakota Sioux leader and medicine man known for his role in resisting U.S. government policies and his leadership during the Plains Indian Wars. He became a symbol of Native American resistance against the encroachment of settlers and the U.S. military, especially during pivotal events like the Battle of Little Bighorn.
Trail of Tears: The Trail of Tears refers to the forced relocation of Native American nations from their ancestral homelands 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 has had lasting effects on Native American communities, linking it to broader themes of displacement, cultural identity, and government policies.
Treaty of Fort Laramie: The Treaty of Fort Laramie, signed in 1851, was an agreement between the United States government and several Native American tribes, establishing territorial boundaries for the tribes and promising protection and annuities in exchange for peace. This treaty represents a crucial moment in U.S. relations with Native American nations, reflecting the complexities of land rights, sovereignty, and the impact of expanding settlements.
Treaty of Fort Stanwix: The Treaty of Fort Stanwix, signed in 1768, was an agreement between the British Crown and several Native American nations, primarily the Iroquois Confederacy. This treaty aimed to establish boundaries for colonial settlement and mitigate conflicts over land between the British settlers and Native Americans, laying the groundwork for future land treaties and impacting relationships during significant conflicts such as the French and Indian War and the American Revolution.
Treaty of Guadalupe Hidalgo: The Treaty of Guadalupe Hidalgo was signed on February 2, 1848, marking the end of the Mexican-American War and establishing the Rio Grande as the border between Texas and Mexico. This treaty significantly altered the territorial landscape of North America, resulting in Mexico ceding a vast portion of its northern territories to the United States.
Treaty of Hopewell: The Treaty of Hopewell was a series of agreements signed in 1785 between the United States and several Native American tribes, notably the Cherokee, establishing boundaries and relationships between the parties. This treaty marked a crucial step in the treaty-making process, as it formalized land cessions and defined territorial limits, setting a precedent for future negotiations and treaties with Native nations.
Treaty of New Echota: The Treaty of New Echota was a treaty signed in 1835 between the United States government and a small faction of the Cherokee Nation, which ceded all Cherokee land east of the Mississippi River in exchange for land in present-day Oklahoma and financial compensation. This treaty became a crucial turning point that facilitated the forced removal of the Cherokee from their ancestral lands, connecting to earlier conflicts over land, subsequent treaties, and the infamous Trail of Tears.
Treaty of Paris: The Treaty of Paris refers to multiple agreements that concluded conflicts involving the United States and European powers, most notably the one in 1783 that ended the American Revolutionary War. This treaty not only recognized American independence but also established new territorial boundaries, significantly impacting early conflicts in North America, land treaties with Native Americans, and shaping future major treaties and agreements.
Tribal Sovereignty: Tribal sovereignty refers to the inherent authority of Indigenous tribes to govern themselves and make decisions about their own affairs without interference from outside authorities. This concept is deeply rooted in the historical and legal frameworks surrounding Native American communities, influencing their social structures, interactions with colonial powers, and ongoing struggles for rights and recognition.
Trust relationship: A trust relationship refers to the legal and moral obligation of the federal government to protect and manage the interests and assets of Native American tribes. This relationship is foundational to the interaction between tribes and the government, encompassing various treaties, land agreements, and governance structures that aim to safeguard tribal sovereignty and rights.
Two Row Wampum Treaty: The Two Row Wampum Treaty is a significant agreement made in 1613 between the Dutch and the Iroquois Confederacy that established a framework for mutual respect and coexistence. The treaty is symbolized by a wampum belt featuring two parallel rows representing the separate paths of the two peoples—one for the Iroquois and one for the Europeans—traveling side by side without interfering with each other's sovereignty and way of life.
United States v. Sioux Nation: United States v. Sioux Nation was a landmark Supreme Court case decided in 1980, in which the court ruled that the federal government had wrongfully taken land from the Sioux Nation and that the Sioux were entitled to just compensation for their loss. This case highlights the ongoing legal battles Native American tribes have faced regarding land rights, and it underscores the broader issues of sovereignty, treaty rights, and federal trust obligations.
United States v. Winans: United States v. Winans was a landmark Supreme Court case decided in 1905 that addressed the rights of Native Americans in relation to treaty obligations and fishing rights. The case arose when non-Native individuals were charged with violating a treaty that guaranteed fishing rights to the Yakama Nation in Washington State, illustrating the ongoing legal battles over Native American sovereignty and resource rights.
Winters Doctrine: The Winters Doctrine is a legal principle established by the U.S. Supreme Court that affirms the right of Native American tribes to water resources necessary for the fulfillment of their reservations' purposes, even if those rights were not explicitly stated in treaties. This doctrine emphasizes the trust relationship between the federal government and Native tribes, ensuring that tribes maintain access to water essential for their livelihood and cultural practices.
Worcester v. Georgia: Worcester v. Georgia was a landmark Supreme Court case in 1832 that ruled that the state of Georgia could not impose its laws within the boundaries of the Cherokee Nation, asserting that only the federal government had authority over Native American lands. This case highlighted the ongoing struggle between state and federal powers regarding Native American sovereignty and rights.