Treaties

When we think about treaties, we assume that both parties agreeing to the treaty understand the terms and conditions. What if one party breaks the treaty? Would be consequences? This was not the case for the treaties signed by Native Americans and the United States government. In fact, almost every treaty signed between the two has been broken. How could this happen? What does that mean for the land taken through the treaties? Let's explore those questions and more!

Treaty Definition

Before we can begin, we have to define treaties. A treaty is an agreement between two sovereign nations. If one country breaks a treaty, then there are repercussions, like warfare. Typically, representatives of both countries will create and agree upon the treaty. The treaty is then brought to the countries' respective legislatures, who will read over it and make amendments if needed. Once the amendments are agreed upon, both countries will ratify the treaty, and it becomes law.

This is not how treaties were carried out between the American government and indigenous nations. Let's go all the way back to before America was formed. In 1494, the Treaty of Tordesillas established that Christian countries could colonize lands that were ruled by non-Christians if another European power hadn't claimed it. At the time, this treaty only applied to Portugal and Spain, but it was expanded upon over the centuries. In 1792, Thomas Jefferson, Secretary of State, claimed that this applied to the United States as well. Thus, was born the Doctrine of Discovery.

• According to historian James E. Falkowski, the forced removal of Native Americans was a genocide made legal because of the Doctrine of Discovery.

In 1823, the Supreme Court ruled that Native Americans were not entitled to sell land to individuals and could only sell it to the government. They said that the Doctrine of Discovery meant that once the British “discovered” the land in the 17th century that it no longer belonged to the indigenous people but to the British. When the American Revolution was resolved and the Treaty of Paris signed, the British gave that land to the American government. So, what did this mean for the Native Americans who already lived there?

Peace Treaty of the American Revolution

There were no Native American representatives at the Treaty of Paris. This means that their land was given away without their consent. This would become a theme for the American government and its dealings with Native Americans. George Washington, the first United States president, set the precedent when he said that Native American nations wouldn't be allowed to revise and review treaties.

The Treaty of Fort Pitt was the first treaty signed between Native Americans and the American government.

Treaty Agreements

Let's take a closer look at how treaties worked for Native Americans. By making treaties with indigenous nations, the United States government recognized their sovereignty. This means that the indigenous land acted as its own little country. Americans needed documentation to travel through the land and permission to use it. This wasn't ideal for the US government because they wanted to put white people on the rich and fertile land that Natives occupy.

To get to the land, the US government required Native Americans to sign treaties that ceded it over. So, how could the US government get Native Americans to sign the treaties? Thomas Jefferson, America's third president, had an answer: abject poverty. If the Native Americans could be forced into debt, then they would have no choice but to sell the land.

Ways the US Negotiators Coerced Native Americans into Signing Treaties

American negotiators would go to tribes and choose “chiefs” who would sign treaties. The problem here is that the appointed chiefs sold land that they had no rights over. The tribe would need to come together to decide if they wanted to sell the land, then the leader would be able to agree to it. When Native Americans petitioned the American government to throw out these false treaties, the government refused because there was no proof.

Another way that indigenous people were coerced into signing treaties was through literacy. Some tribes had written languages, but others didn't. The negotiators didn't provide treaties written in the indigenous languages for those who did. Instead, they had translators paid by the US government. Every so often these translators were paid almost as much, if not more, than the tribes who sold the land. The translators typically didn't communicate the treaties fairly, which led to the tribes ceding more land than intended.

Fig 2: Ponca Treaty of 1858

Records exist that negotiators would:

• get Native Americans drunk and then have them sign treaties;
• would bribe leaders to agree to unfair terms;
• get random members of the indigenous nations who held no real authority to sign the treaties;
• and when a tribe signed a treaty, the government wouldn't pay its portion unless the Natives ceded away more land.

The Senate would change the treaty after it was signed by the tribal members. In one case, they changed the period of payment from fifty years to fifteen! The government would even withhold payments so that the indigenous people were forced to buy food from traders on credit! The American government would allow any form of coercion if it meant that they could get the land.

Indigenous people had no choice but to sign the treaties. If they didn't, the white settlers would take the land anyway. When they resisted, they were met with force. Native American tribes didn't have the resources to win a war against the American military.

List of Native American Treaties

Now that we understand how these unfair treaties came about, let's take a look at a list of treaties between the United States and Native American nations. Remember that all of these treaties have been broken in some form or another. This is not a comprehensive list because there were over 350 treaties signed between the US government and indigenous people.

Famous Native American Treaties

Let's take a closer look at a series of treaties that show the ways that the US government took advantage of Native Americans and the consequences.

The Delaware Treaty (1778)

The Delaware Treaty, also called the Treaty of Fort Pitt, was signed during the Revolution. This treaty was between the emerging American government and the Delaware Nation. Americans and Delaware would forgive past crimes committed against each other, assist one another during the Revolutionary War, and they would solve any future grievances through negotiations.

Only four years after the treaty was signed, the Americans broke it. One hundred Delaware people were murdered by American militiamen. The majority of the people who died were women and children. In 1795, the American government took the majority of the Delaware territory for white settlers. The Delaware Treaty was the first treaties signed between the American government and indigenous people, and the government broke it not even five years later.

Treaty of Mendota (1851)

The Dakota Nation was a peaceful tribe. They allowed white settlers to build a fort in the Dakota territory, but the settlers began cutting down the forest and scaring off the wild game. The Dakota leader, Little Crow, was forced to sign the Treaty of Mendota in 1851 which traded the majority of their territory for food, money, guns, and supplies.

The American government didn't pay the Dakota, which forced them to take out credit with traders, then cede even more land to the government. When the Dakota had little land left, were starving, and asked for the white settlers' compassion, they were told to eat grass.

The Dakota War was the result of the callousness of the American government, white settlers, and traders. Four hundred white settlers were killed in the five weeks of the war. Four hundred Dakota men were tried, some of them had nothing to do with the war, and found guilty. Abraham Lincoln, the president at the time, pardoned all but thirty-eight of them who were executed.

Native Americans and American Treaties

Fig 3: On the eve of the American Revolution, Native American territory made up the majority of America. Today, they only have a small fraction of America's territory. The reservations listed only represent tribes that are recognized by the American government. There are over five hundred Native American tribes that the government doesn't recognize. Tribes that aren't recognized don't have territory.

Native American nations were considered sovereign, yet they weren't treated like sovereign nations. The American government was prepared to use any form of dishonest trick to take the ancestral lands of the indigenous people. These were official treaties that the government knowingly broke. This is still an issue in America today, for example, the Dakota pipeline violated the Fort Laramie Treaty but was still constructed in 2017.