4.1 Treaty-Making Process and Historical Context

Treaty-making between the U.S. and Native American tribes was a complex process rooted in colonial practices and international law. It spanned from the late 18th century to 1871, resulting in over 370 ratified treaties that shaped tribal sovereignty and land rights.

The U.S. sought land for expansion and peaceful relations, while tribes aimed to protect their lands and ways of life. Power dynamics shifted over time, with early treaties being more equitable and later ones favoring the U.S. as its military strength and population grew.

Treaty-Making Context and Motivations

Historical Origins and Evolution

Top images from around the web for Historical Origins and Evolution

• 

  File:Treaty of Penn with Indians by Benjamin West.jpg - Wikipedia, the free encyclopedia View original

  Is this image relevant?

• 

  Penn Treaty Park - Wikipedia View original

  Is this image relevant?

• 

  File:'Penn's Treaty -with the Indians-', oil on canvas painting by Edward Hicks, 1830-35 ... View original

  Is this image relevant?

• 

  File:Treaty of Penn with Indians by Benjamin West.jpg - Wikipedia, the free encyclopedia View original

  Is this image relevant?

• 

  Penn Treaty Park - Wikipedia View original

  Is this image relevant?

1 of 3

Top images from around the web for Historical Origins and Evolution

• 

  File:Treaty of Penn with Indians by Benjamin West.jpg - Wikipedia, the free encyclopedia View original

  Is this image relevant?

• 

  Penn Treaty Park - Wikipedia View original

  Is this image relevant?

• 

  File:'Penn's Treaty -with the Indians-', oil on canvas painting by Edward Hicks, 1830-35 ... View original

  Is this image relevant?

• 

  File:Treaty of Penn with Indians by Benjamin West.jpg - Wikipedia, the free encyclopedia View original

  Is this image relevant?

• 

  Penn Treaty Park - Wikipedia View original

  Is this image relevant?

1 of 3

• Treaty-making with Native American tribes emerged from European colonial practices recognized tribal sovereignty
  • Rooted in international law principles
  • Acknowledged tribes as distinct political entities
• U.S. treaty-making spanned from late 18th century to 1871
  • Congress ended practice through Indian Appropriations Act
  • Over 370 treaties ratified during this period
• Doctrine of discovery provided legal justification for U.S. land claims
  • Articulated in Johnson v. M'Intosh (1823)
  • Gave European nations rights to Native lands upon "discovery"
  • Influenced treaty negotiations by limiting tribal land rights

Government Motivations and Tribal Perspectives

• U.S. government motivated by multiple factors
  • Land acquisition for westward expansion (Louisiana Purchase)
  • Establishment of peaceful relations with tribes
  • Resource access (fur trade, mineral rights)
• Native American tribes entered treaties for various reasons
  • Protection from rival tribes (Comanche-U.S. alliance against Apache)
  • Access to trade goods (guns, textiles)
  • Attempts to preserve lands and ways of life (reservation system)
• Cultural and linguistic barriers led to misunderstandings
  • Different concepts of land ownership (communal vs. individual)
  • Varying interpretations of treaty terms (hunting and fishing rights)

Power Dynamics and Changing Relationships

• Balance of power shifted over time
  • Early treaties more equitable (Treaty of Fort Pitt, 1778)
  • Later treaties increasingly favorable to U.S. (Treaty of Fort Laramie, 1868)
• Factors influencing power dynamics
  • U.S. military strength (defeat of tribes in various conflicts)
  • Expanding U.S. population (increased pressure on tribal lands)
  • Technological advancements (firearms, transportation)
• Impact on treaty terms and enforcement
  • Increasingly restrictive conditions for tribes
  • Reduced tribal bargaining power over time

Treaty Implications for Tribes and Government

Legal Status and Obligations

• Treaties considered "supreme law of the land" under U.S. Constitution
  • Article VI, Clause 2 establishes treaty supremacy
  • Creates binding obligations for federal government
• Trust responsibility doctrine established through treaties
  • Obligates federal government to protect tribal resources
  • Requires government to act in best interests of tribes
  • Extends to areas like education, healthcare, and economic development
• Treaties defined boundaries of tribal lands
  • Established reservation system (Great Sioux Reservation)
  • Significant implications for tribal sovereignty and jurisdiction

Sovereignty and Governance

• Tribal sovereignty recognized in treaties
  • Allows tribes to govern themselves within U.S. federal framework
  • Includes powers of taxation, law enforcement, and court systems
• Treaties often limited tribal authority in certain areas
  • Restrictions on foreign relations (no independent alliances)
  • Limitations on land alienation without federal consent
• Concept of "domestic dependent nations" reinforced unequal relationship
  • Defined in Cherokee Nation v. Georgia (1831)
  • Placed tribes under federal protection but limited full sovereignty

Legal Challenges and Interpretation

• Treaty rights subject to numerous legal challenges
  • Fishing rights disputes (United States v. Washington, 1974)
  • Land claim cases (United States v. Sioux Nation of Indians, 1980)
• Supreme Court decisions shaped federal Indian law
  • Worcester v. Georgia (1832) affirmed tribal sovereignty
  • Lone Wolf v. Hitchcock (1903) allowed Congress to abrogate treaties
• Ongoing debates over treaty interpretation and enforcement
  • Questions of reserved rights (water rights, hunting, fishing)
  • Issues of tribal jurisdiction over non-members on reservation lands

Power Dynamics in Treaty-Making

Negotiation Imbalances

• U.S. government often held superior negotiating position
  • Military strength (threat of force or retaliation)
  • Economic resources (ability to withhold trade or rations)
  • Expanding population (increased pressure on tribal lands)
• Many treaties negotiated under duress or threat of violence
  • Treaty of New Echota (1835) signed by unauthorized Cherokee faction
  • Blackfeet Treaty (1855) negotiated after military defeat
• Language and cultural barriers led to misunderstandings
  • Concepts of land ownership often misinterpreted
  • Long-term implications of treaties not fully explained

Treaty Violations and Enforcement

• U.S. government frequently violated or unilaterally changed treaty terms
  • Broken promises on reservation boundaries (Black Hills)
  • Failure to provide promised goods and services
• Power imbalance in treaty enforcement
  • Limited recourse for tribes to address violations
  • U.S. courts often favored government interpretation
• Selection of tribal representatives sometimes manipulated
  • U.S. officials favored amenable leaders (Treaty of New Echota)
  • Traditional leadership structures sometimes ignored

Cultural Impositions

• Treaties often imposed Western concepts on tribes
  • Individual land ownership (Dawes Act, 1887)
  • Centralized governance structures
• Disregard for traditional tribal systems and beliefs
  • Communal land use practices
  • Spiritual connections to specific lands
• Forced cultural changes through treaty terms
  • Mandatory Western education for children
  • Restrictions on religious practices (Ghost Dance)

Treaties and Native American Sovereignty

Foundational Treaties

• Treaty of Fort Stanwix (1784)
  • One of first post-Revolutionary War treaties
  • Set precedent for U.S.-tribal relations
  • Involved land cessions from Iroquois Confederacy
• Treaty of Hopewell (1785-86)
  • Series of treaties with southern tribes
  • Established peace and defined boundaries
  • Recognized tribal self-governance within defined territories

Land Cession and Reservation Treaties

• Treaty of Fort Laramie (1851)
  • Defined territories for several Plains tribes
  • Established concept of reservations
  • Attempted to reduce inter-tribal conflicts
• Treaty of Medicine Lodge (1867)
  • Confined Southern Plains tribes to reservations
  • Initiated transition from nomadic to agricultural lifestyles
  • Promised federal support for this transition
• Treaty of Fort Laramie (1868)
  • Established Great Sioux Reservation
  • Recognized Lakota claims to Black Hills
  • Set stage for future conflicts (Black Hills War)

Treaties with Ongoing Legal Implications

• Stevens Treaties (1854-1855)
  • Negotiated in Pacific Northwest
  • Guaranteed fishing rights to tribes
  • Subject of ongoing legal disputes (United States v. Washington)
• Treaty of Guadalupe Hidalgo (1848)
  • Not directly with Native tribes, but impacted indigenous peoples
  • Affected land rights in newly acquired southwestern territories
  • Led to complex legal status for Pueblo Indians
• Treaty of New Echota (1835)
  • Led to forced removal of Cherokee Nation
  • Resulted in Trail of Tears
  • Continues to impact Cherokee governance and identity