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Intro to Native American Studies
Table of Contents
Unit 4 Overview: Tribal Sovereignty: Treaties & Federal Policy
4.1 Concept of tribal sovereignty and nation-to-nation relationships
4.2 Major treaties and their implications
4.3 Federal Indian policies: from removal to self-determination
4.4 Contemporary issues in tribal sovereignty

Early treaties between the U.S. and Native American nations set the stage for complex relationships. These agreements, like the Treaty of Fort Stanwix and Treaty of Hopewell, defined boundaries and established peace, but often resulted in Native land loss.

The Doctrine of Discovery justified European claims to Native lands, limiting Indigenous rights. Later treaties, such as the Treaty of New Echota, led to forced relocations like the Trail of Tears. The U.S. often broke treaty promises, sparking ongoing legal battles over Native rights.

Early Treaties

Foundational Treaties with Native American Nations

  • Treaty of Fort Stanwix (1784) marked first treaty between United States and Native American nations after Revolutionary War
    • Negotiated with Iroquois Confederacy
    • Established boundaries between Native territories and U.S. lands
    • Secured Iroquois neutrality in future conflicts
  • Treaty of Hopewell (1785) established peace between United States and Cherokee Nation
    • Defined Cherokee boundaries
    • Regulated trade between Cherokee and U.S. citizens
    • Allowed U.S. to regulate Cherokee affairs
  • Canandaigua Treaty (1794) reaffirmed peace between Six Nations of the Iroquois Confederacy and United States
    • Recognized sovereignty of Iroquois nations
    • Established reservation boundaries
    • Guaranteed Iroquois right to use their lands
  • Doctrine of Discovery provided legal justification for European claims to Native American lands
    • Originated from 15th century papal bulls
    • Asserted European nations had right to claim "discovered" lands
    • Influenced U.S. Supreme Court decisions (Johnson v. M'Intosh)
    • Limited Native American land rights to occupancy rather than ownership
  • Early treaties established precedents for future U.S.-Native American relations
    • Recognized tribal sovereignty to some degree
    • Set pattern of land cessions in exchange for promises of protection and services
    • Often resulted in loss of Native lands and resources

Removal and Reservation Treaties

Forced Relocation and Land Cessions

  • Treaty of New Echota (1835) led to forced removal of Cherokee Nation from southeastern United States
    • Signed by minority faction of Cherokee, not recognized by majority
    • Ceded all Cherokee lands east of Mississippi River
    • Resulted in infamous Trail of Tears (forced march to Indian Territory)
    • Caused deaths of thousands of Cherokee people
  • Treaty of Fort Laramie (1851) attempted to establish peace between United States and Plains Indian tribes
    • Defined territories for various tribes (Cheyenne, Sioux, Arapaho)
    • Allowed for construction of roads and military posts on Native lands
    • Required tribes to allow safe passage for settlers on Oregon Trail
    • Failed to prevent future conflicts due to continued westward expansion

Confinement to Reservations

  • Treaty of Medicine Lodge (1867) confined Southern Plains tribes to reservations
    • Negotiated with Kiowa, Comanche, Plains Apache, Southern Cheyenne, and Southern Arapaho
    • Established reservations in Indian Territory (present-day Oklahoma)
    • Required tribes to give up nomadic lifestyle and adopt agriculture
    • Promised food, supplies, and education in exchange for land cessions
  • Reservation system aimed to confine Native Americans to specific areas
    • Reduced tribal land holdings significantly
    • Disrupted traditional lifestyles and economies
    • Often located on less desirable lands with limited resources

Treaty Violations

Breaking Treaty Promises

  • Abrogation refers to unilateral breaking or cancellation of treaties by United States government
    • Often occurred when valuable resources discovered on Native lands (gold in Black Hills)
    • Justified through legal doctrines like plenary power and trust relationship
    • Resulted in further loss of Native lands and resources
    • Examples include violations of Fort Laramie Treaty (1868) and removal of Nez Perce from Wallowa Valley
  • U.S. government frequently failed to fulfill treaty obligations
    • Delayed or withheld promised payments and supplies
    • Encroached on established reservation boundaries
    • Allowed settlers to trespass on Native lands without consequences

Preserving Native Rights

  • Reserved rights doctrine recognizes rights retained by tribes not explicitly given up in treaties
    • Established in United States v. Winans (1905) Supreme Court case
    • Includes hunting, fishing, and gathering rights on ceded lands
    • Applies to water rights and natural resource use
    • Continues to be important in modern legal battles (fishing rights in Pacific Northwest)
  • Tribes have used reserved rights to assert sovereignty and protect resources
    • Bolster claims to land and water in court cases
    • Maintain traditional practices and cultural connections to ancestral lands
    • Challenge state regulations that interfere with treaty-guaranteed rights

Key Terms to Review (20)

Land Cessions: Land cessions refer to the formal transfer of land rights from Indigenous peoples to colonial or federal governments, often through treaties or other legal agreements. These cessions significantly impacted Native societies by altering their traditional territories, leading to loss of resources, cultural dislocation, and changes in social structures. Understanding land cessions is essential to grasp the historical context of colonial policies, major treaties, and the establishment of the reservation system.
Sovereignty: Sovereignty refers to the authority of a state or governing body to exercise control over its territory and make decisions independent of external influence. In the context of Native American Studies, sovereignty plays a crucial role in understanding the political status of Indigenous nations, their rights to self-governance, and their interactions with federal and state governments.
Land Rights: Land rights refer to the legal and moral claims individuals or groups have to use, own, or control land. In the context of Indigenous communities, these rights are deeply tied to cultural heritage, identity, and historical claims to ancestral territories, which are often challenged by external forces, including colonialism and modern state policies.
United States v. Winans: United States v. Winans was a landmark Supreme Court case decided in 1905 that addressed the fishing rights of Native Americans on the Columbia River in Washington State. This case underscored the implications of treaties made between the United States government and Native tribes, particularly focusing on how those treaties were interpreted and enforced concerning indigenous rights to natural resources.
Forced removal: Forced removal refers to the practice of displacing Native American tribes from their ancestral lands, often through coercive means such as treaties, military action, or government policy. This term is deeply connected to the historical context of major treaties, where Indigenous peoples were often compelled to relinquish their land and relocate to designated areas, fundamentally altering their way of life and cultural practices.
Economic marginalization: Economic marginalization refers to the social and economic processes that push certain groups, especially Indigenous peoples, to the edges of the economy, limiting their access to resources, opportunities, and participation in economic activities. This phenomenon often results from historical injustices, discriminatory practices, and policies that have systematically disadvantaged these groups, impacting their economic well-being and community sustainability.
Trust relationship: The trust relationship refers to the legal and moral obligation between the federal government and Native American tribes, characterized by the government’s responsibility to protect tribal interests and uphold treaties. This relationship is rooted in historical agreements and treaties, establishing a framework for federal recognition of tribal sovereignty and the provision of services and resources. It underscores the government's duty to act in the best interests of Native peoples while also recognizing their rights to self-determination.
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 that established territorial boundaries and aimed to maintain peace between the parties. This treaty is significant as it reflects early attempts to manage relationships with Native nations, impacting economic systems, political structures, and concepts of sovereignty.
Reserved rights doctrine: The reserved rights doctrine is a legal principle that asserts that any rights not explicitly granted to the federal government or states in treaties with Native American tribes are retained by those tribes. This doctrine highlights the inherent sovereignty of tribes and reinforces their rights to land, resources, and self-governance, which are often rooted in treaties made with the U.S. government.
Treaty of Medicine Lodge: The Treaty of Medicine Lodge was an 1867 agreement between the United States government and several Native American tribes, including the Kiowa, Comanche, and Apache. This treaty aimed to establish peace and define reservations for these tribes in southwestern Kansas, as well as ensure their protection from white settlers. It represents a significant moment in U.S.-Native American relations, reflecting the complexities and challenges of treaty negotiations during westward expansion.
Doctrine of Discovery: The Doctrine of Discovery is a legal and political concept that originated in the 15th century, asserting that European nations had the right to claim lands occupied by Indigenous peoples, based on the premise that non-Christian societies were considered uncivilized. This doctrine laid the groundwork for European colonialism and the subsequent treaties that defined land rights, sovereignty, and the treatment of Native American tribes.
Plenary power: Plenary power refers to the complete and absolute authority granted to Congress over Indian affairs, enabling it to legislate and regulate matters related to Native American tribes without any limitations. This concept emphasizes the federal government's dominant role in defining and managing the relationship between itself and tribal nations. The implications of plenary power can be seen in various major treaties and in the dynamics of tribal-federal-state relationships, shaping how these entities interact and operate.
Johnson v. M'Intosh: Johnson v. M'Intosh was a landmark Supreme Court case in 1823 that established the principle that private citizens could not purchase land directly from Native Americans; instead, only the federal government had the authority to acquire land from Indigenous peoples. This ruling set a significant precedent for land rights and property ownership in the context of Native American treaties and their implications.
Abrogation: Abrogation refers to the formal repeal or annulment of a law, treaty, or agreement, effectively rendering it void. This concept is particularly significant in the context of treaties between Indigenous nations and the United States, where abrogation can lead to the loss of rights, land, and sovereignty for Native American tribes, often without their consent.
Treaty of New Echota: The Treaty of New Echota was a controversial agreement signed in 1835 between the United States government and a small 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 is crucial to understanding the broader implications of U.S. policies towards Native American tribes, particularly regarding land rights and sovereignty.
Canandaigua Treaty: The Canandaigua Treaty, signed in 1794, was an agreement between the United States government and the Seneca Nation, part of the Haudenosaunee (Iroquois) Confederacy. This treaty aimed to establish peace and recognize land rights, specifically reaffirming the boundaries of Seneca territory and addressing issues arising from U.S. expansion into Native lands.
Treaty of Hopewell: The Treaty of Hopewell was a series of agreements signed in the late 18th century between the United States and various Native American tribes, primarily the Cherokee, Creek, and Choctaw. It aimed to establish peace and delineate boundaries between Native lands and European-American settlement, reflecting the ongoing struggle for sovereignty and land rights by Indigenous peoples during a time of westward expansion.
Treaty of Fort Stanwix: The Treaty of Fort Stanwix was a 1768 agreement between the British Crown and several Native American nations, primarily the Iroquois Confederacy. This treaty aimed to establish boundaries for colonial expansion in North America and resolve conflicts over land, marking a significant moment in Native American-British relations during the pre-Revolutionary period.
Cultural Assimilation: Cultural assimilation is the process through which individuals or groups from one culture adopt the customs, beliefs, and practices of another culture, often resulting in the loss of their original cultural identity. This phenomenon has been particularly significant in shaping the experiences of Native American societies in the context of external pressures from colonization, treaties, and urbanization. The push for assimilation often leads to the erasure of indigenous cultures and languages, while influencing social dynamics and identity among Native communities.
Trail of Tears: The Trail of Tears refers to the forced relocation of several Native American tribes, primarily the Cherokee, 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 the deaths of thousands due to harsh conditions, disease, and starvation, highlighting the devastating impacts of U.S. government policies on Native societies.