The Enduring Legacy: A Comprehensive Look at The History of Native Tribe Treaties in the US
The intricate and often fraught relationship between the United States government and its Indigenous peoples is perhaps best understood through the lens of treaty-making. From the earliest colonial encounters to the present day, the history of native tribe treaties in the US is a complex tapestry woven with threads of diplomacy, broken promises, land cession, and the enduring struggle for sovereignty. These agreements, ostensibly legal contracts between sovereign nations, have profoundly shaped the geographical, political, and cultural landscape of North America, defining tribal lands, rights, and the very concept of Indigenous nationhood. Understanding this history is not merely an academic exercise; it is crucial for comprehending the present-day challenges and triumphs of Native American communities and the ongoing pursuit of justice.
Early Encounters and Colonial Precedents
Before the formation of the United States, European colonial powers engaged in treaty-making with Native American tribes. These early agreements, such as those made by William Penn with the Lenape, often sought to establish peace, secure trade routes, and acquire land. The European concept of land ownership, based on individual property rights and permanent tenure, frequently clashed with Indigenous perspectives, which often viewed land as communal, sacred, and not subject to permanent alienation. Despite these fundamental differences, treaties became the primary mechanism for formalizing relationships. The British, in particular, recognized tribal entities as distinct nations capable of entering into agreements, a precedent that would influence the nascent United States. The Proclamation of 1763, issued by the British Crown, famously reserved lands west of the Appalachian Mountains for Native American occupation, attempting to regulate westward expansion and prevent conflicts – a recognition, however fleeting, of Indigenous land rights.
The Formative Years of the Republic and Constitutional Authority
Upon its founding, the United States adopted a policy of treating Native American tribes as foreign nations, a decision enshrined in the Constitution. Article I, Section 8, grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes," implicitly acknowledging tribes as distinct political entities. Article VI, Clause 2, the Supremacy Clause, declares treaties made under the authority of the United States to be the "supreme Law of the Land." This legal framework laid the groundwork for over 370 treaties negotiated between the US government and various tribes from 1778 to 1871.
The very first treaty, the Treaty of Fort Pitt in 1778, was signed with the Delaware Nation during the Revolutionary War, establishing an alliance and promising the Delaware a separate state if they joined the fight against the British. This early period was characterized by a mix of military necessity and a paternalistic desire to "civilize" Indigenous peoples. Presidents George Washington and Henry Knox, his Secretary of War, advocated for treating tribes as sovereign nations, believing that fair dealings would prevent costly wars and facilitate westward expansion in an orderly fashion. However, the relentless pressure of white settlers hungry for land often undermined these intentions, setting a dangerous precedent for future broken promises.
The Era of Removal and the Trail of Tears
A crucial chapter in the history of native tribe treaties in the US unfolded during the presidency of Andrew Jackson. Despite early Supreme Court rulings affirming tribal sovereignty, such as Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), which recognized the Cherokee Nation as a "distinct political community" with inherent rights to their territory, Jackson openly defied the Court. The Indian Removal Act of 1830 authorized the forced relocation of Native American tribes from their ancestral lands in the southeastern United States to Indian Territory (present-day Oklahoma).
This policy led to some of the most infamous and tragic episodes in American history, including the Trail of Tears, the forced march of the Cherokee Nation in 1838-1839, during which thousands perished from disease, starvation, and exposure. Treaties signed under duress, by unauthorized factions, or through blatant deception, were used as a legal pretext for these removals. The Treaty of New Echota (1835), signed by a minority faction of the Cherokee Nation without the consent of the majority, is a stark example of how treaties were manipulated to dispossess tribes of their land and legitimate forced removal, despite widespread Cherokee protest.
Westward Expansion and the Reservation System
As the United States expanded westward in the mid-19th century, the nature of treaty-making shifted dramatically. The primary goal became the consolidation of Native American populations onto ever-shrinking reservations, freeing up vast tracts of land for white settlement, railroads, and resource extraction. Treaties signed during this period, such as the Treaties of Fort Laramie (1851 and 1868) with the Lakota, Cheyenne, Arapaho, and other Plains tribes, initially set aside large territories for Indigenous peoples. However, these agreements were frequently violated by the US government, often in response to the discovery of gold or the demands of settlers.
The 1868 Treaty of Fort Laramie, for example, established the Great Sioux Reservation, encompassing parts of present-day South Dakota, North Dakota, Nebraska, and Wyoming, and guaranteed the Lakota exclusive use of the sacred Black Hills. Yet, just six years later, General George Custer’s expedition confirmed gold in the Black Hills, leading to a gold rush and ultimately, the US government’s unilateral abrogation of the treaty, sparking the Great Sioux War. This pattern of treaty violation, military conflict, and subsequent forced land cession became a recurring theme throughout the history of native tribe treaties in the US during the latter half of the 19th century.
The End of Treaty Making and the Allotment Era
In 1871, Congress unilaterally ended the practice of making treaties with Native American tribes through an amendment to the Indian Appropriations Act. While existing treaties remained legally binding, future agreements would be made through executive orders or legislative acts, effectively diminishing the recognized sovereign status of tribes. This shift coincided with a new federal policy aimed at assimilation rather than merely removal.
The Dawes Act (General Allotment Act) of 1887 was a monumental piece of legislation that profoundly reshaped Indigenous land tenure. It authorized the President to survey tribal lands and divide them into individual allotments for tribal members, typically 160 acres per family head. Lands remaining after allotment – often the most valuable or resource-rich – were declared "surplus" and sold to non-Native settlers. The stated goal was to integrate Native Americans into mainstream society by encouraging individual land ownership and farming, but the real effect was devastating. Over the next several decades, tribal landholdings plummeted from approximately 138 million acres in 1887 to just 48 million acres by 1934. The Allotment Act not only dispossessed tribes of vast amounts of land but also severely undermined their communal social structures and traditional economies. This period marked a significant low point in the history of native tribe treaties in the US, as the federal government sought to dismantle tribal governments and assimilate Indigenous peoples entirely.
The Indian Reorganization Act and the Era of Self-Determination
The catastrophic consequences of the Allotment Act became evident by the early 20th century, leading to a significant policy shift. The Indian Reorganization Act (IRA) of 1934, often called the "Indian New Deal," aimed to reverse the assimilation policies of the past. It ended allotment, encouraged tribal self-governance, facilitated the creation of tribal constitutions, and promoted economic development on reservations. While not without its criticisms, the IRA represented a pivotal moment, reaffirming the importance of tribal identity and attempting to rebuild a foundation for tribal sovereignty.
The mid-20th century also saw the rise of the "termination" policy, which aimed to end federal recognition of tribes and dissolve their special relationship with the US government. This short-lived but damaging policy led to the loss of federal services and land for numerous tribes. However, by the 1960s and 1970s, influenced by the Civil Rights Movement and growing Indigenous activism, the pendulum swung back towards self-determination. Presidents Nixon and subsequent administrations officially repudiated termination and committed to strengthening tribal self-governance.
This era of self-determination, which continues today, has seen tribes reasserting their sovereignty through various means, including developing their own governments, economies (often through casino gaming), and legal systems. Tribal nations have actively pursued litigation to enforce treaty rights related to hunting, fishing, water, and land claims, often with significant success. The Supreme Court has, in many instances, upheld the sanctity of these historical agreements, reaffirming the principle that treaties are the "supreme law of the land." This ongoing legal and political struggle highlights the living and breathing nature of the history of native tribe treaties in the US.
The Enduring Legacy and Modern Challenges
The legacy of Native American treaties in the US is complex and multifaceted. On one hand, they represent the legal basis for tribal sovereignty, establishing the unique nation-to-nation relationship between tribes and the federal government. On the other hand, the pervasive history of broken treaties, forced removals, and land dispossession has created deep-seated mistrust and continues to fuel calls for justice and reparations.
Today, tribal nations continue to assert their treaty rights, engage in government-to-government relations with the United States, and work to reclaim their cultural heritage and economic independence. Issues such as environmental protection on tribal lands, resource management, jurisdictional disputes, and the protection of sacred sites are often directly tied to the interpretation and enforcement of historical treaties. The fight for the return of ancestral lands, the protection of natural resources, and the preservation of cultural practices are all ongoing reflections of the profound impact of these historical agreements.
In conclusion, the history of native tribe treaties in the US is not a closed chapter but an ongoing narrative. It is a testament to the resilience of Indigenous peoples who have navigated centuries of broken promises and systemic injustices, while continuously striving to uphold their sovereignty and protect their cultures. Understanding this history is essential for all Americans, as it provides critical insights into the nation’s foundational principles, its moral failings, and the enduring quest for a more just and equitable future for all its inhabitants. The treaties, despite their fraught past, remain vital documents that define the unique legal and political status of tribal nations within the United States, shaping their present and guiding their future.
