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
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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