3.2 Historical Context of Treaty-Making
3 min read•august 9, 2024
Treaty-making between Native American tribes and European colonists began in the 1600s. These early agreements focused on trade and alliances, but often led to misunderstandings and conflicts as colonists manipulated terms to their advantage.
The 19th century saw a shift towards removal and treaties. These forced tribes to relocate or give up large portions of their land. The treaty-making process evolved, becoming increasingly one-sided until it officially ended in 1871.
Colonial Era Treaties
Early Trade and Alliance Agreements
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- Colonial era spanned from early 1600s to late 1700s in North America
- European powers established colonies and interacted with Native American tribes
- Trade and alliance treaties formed primary diplomatic tools between colonists and tribes
- Treaties aimed to secure economic partnerships and military support
- Agreements often involved exchanging goods, establishing trade routes, and defining territorial boundaries
- Tribes viewed treaties as nation-to-nation relationships based on mutual respect and reciprocity
- Colonists sometimes manipulated treaty terms to their advantage, leading to misunderstandings and conflicts
Significant Colonial-Era Treaties
- (1783) ended the American Revolutionary War
- Treaty recognized United States independence from Great Britain
- Ceded vast territories to the new nation without consulting Native American tribes
- Ignored existing tribal claims and agreements, setting stage for future conflicts
- passed by Congress between 1790 and 1834
- Acts regulated trade between Native Americans and non-Native Americans
- Established federal government as sole authority for acquiring Native American lands
- Aimed to protect Native American rights and prevent fraudulent land deals
- Created "Indian Country" as a legally defined territory for Native American tribes
19th Century Treaties
Removal and Land Cession Agreements
- Removal treaties forced Native American tribes to relocate from ancestral lands
- of 1830 authorized federal government to negotiate removal treaties
- Treaties often promised new lands, financial compensation, and protection in exchange for relocation
- Notable removal treaties included (1835) with
- Land cession treaties transferred large portions of tribal territories to U.S. government
- Cession agreements often left tribes with smaller reservations or fragmented land holdings
- Treaties frequently included provisions for annuities, education, and other services
- Many tribes faced pressure, coercion, or deception during treaty negotiations
Evolution of Treaty-Making Process
- Treaty-making period with Native American tribes lasted from 1778 to 1871
- U.S. government initially treated tribes as sovereign nations in treaty negotiations
- Over time, power dynamics shifted, with U.S. gaining upper hand in negotiations
- Treaties became increasingly one-sided, favoring U.S. interests over tribal rights
- Senate ratification required for treaties, often leading to modifications or rejections
- Treaty language became more standardized and less reflective of individual tribal customs
- of 1871 ended formal treaty-making process with tribes
- Act declared Native Americans wards of the federal government, not independent nations
- Shifted focus to agreements and executive orders for managing tribal relations
- Marked significant change in U.S. policy towards Native American
Key Terms to Review (12)
Cherokee Nation: The Cherokee Nation is a federally recognized Native American tribe that has its roots in the southeastern United States and is one of the largest tribes in the U.S. The Cherokee have a rich cultural heritage and a complex political history, including their own systems of governance and treaties with the U.S. government. Understanding the Cherokee Nation involves recognizing their diversity, their historical governance structures, and their significant role in treaty-making processes.
Cultural Preservation: Cultural preservation refers to the efforts made to protect, maintain, and revitalize the cultural heritage and practices of a community or group. This concept is essential for Native American tribes, as it helps safeguard their languages, traditions, and identities against the influences of modernization and external pressures.
Indian Appropriations Act: The Indian Appropriations Act refers to a series of legislative measures enacted by the United States Congress that provided funding and resources for the management and assimilation of Native American tribes. It played a crucial role in shaping U.S. policy towards Native Americans, particularly by allocating funds for the establishment of reservations and education systems while also facilitating the process of assimilation into Euro-American culture. The Act reflects the broader historical context of treaty-making, as it often superseded or modified existing treaties with Native tribes.
Indian Removal Act: The Indian Removal Act was a law passed by the U.S. Congress in 1830 that authorized the forced relocation of Native American tribes from their ancestral homelands in the Southeastern United States to designated 'Indian Territory' west of the Mississippi River. This act marked a significant turning point in U.S. policy toward Native Americans, reflecting a broader agenda of expansion and control that diminished tribal governance and sovereignty.
Indian Trade and Intercourse Acts: The Indian Trade and Intercourse Acts were a series of laws enacted in the United States from 1790 to 1834, designed to regulate commerce and interactions between American citizens and Native American tribes. These acts aimed to create a framework for trade while ensuring that tribal sovereignty was respected, establishing protocols for treaties and trade agreements, and prohibiting unauthorized purchases of Native lands.
Land allotment: Land allotment refers to the process by which specific parcels of land are assigned to individual members of a Native American tribe, often as a result of treaties or federal policies aimed at assimilating Indigenous peoples into mainstream American society. This practice was intended to break up communal land holdings and promote individual land ownership, which was thought to encourage farming and economic self-sufficiency among Native Americans, yet often led to the loss of tribal lands and cultural identity.
Land cession: Land cession refers to the formal relinquishment of land rights by a Native American tribe to the federal government or another entity, typically through treaties or agreements. This process often involved tribes giving up vast areas of their ancestral lands in exchange for promises of compensation, goods, or the right to retain some smaller portions of land, which were often less desirable and more limited than their original territories.
Self-determination: Self-determination is the right of a group, particularly Indigenous peoples, to determine their own political status and pursue their economic, social, and cultural development. This concept emphasizes the importance of autonomy and governance for tribes, impacting various aspects of their relations with federal entities and their internal governance structures.
Sovereignty: Sovereignty refers to the supreme authority of a state or governing body to govern itself and make decisions without external interference. In the context of Native American Tribal Governments, sovereignty signifies the inherent right of tribes to self-govern and manage their own affairs, which includes making laws, conducting business, and maintaining cultural practices without being subject to the control of outside entities.
Treaty of New Echota: The Treaty of New Echota was an agreement signed in 1835 between the United States government and a faction of the Cherokee Nation, which facilitated the forced removal of the Cherokee people from their ancestral lands in the southeastern United States to designated territory west of the Mississippi River. This treaty was a significant and controversial element of U.S. policy toward Native Americans, reflecting broader themes of westward expansion and indigenous displacement.
Treaty of Paris: The Treaty of Paris refers to a series of agreements that were signed in Paris, ending various conflicts, with the most significant being the treaty signed in 1783 that ended the American Revolutionary War. This treaty marked a turning point in history as it recognized the independence of the United States and established borders between the newly formed nation and British territories, while also addressing the rights of Native Americans and their lands amidst growing U.S. expansionism.
Trust Responsibility: Trust responsibility is a legal and moral obligation that the federal government has toward Native American tribes, which stems from the U.S. government’s recognition of tribes as sovereign entities. This responsibility encompasses the protection of tribal lands, resources, and the welfare of tribal members, recognizing the unique relationship between the government and Native nations.