Deets On Broken and Relocation Treaties with Native Americans
Deets On The Native American Struggle
Deets On Broken and Relocation Treaties with Native Americans (In Progress)
Deets On Broken and Relocation Treaties with Native Americans
The relationship between the United States government and Native American tribes has been historically complex and fraught with conflict, largely stemming from the numerous treaties made—and subsequently broken—by the U.S. government. These treaties were often negotiated under duress or deceptive conditions and were violated when convenient for colonial expansion and resource extraction. The disregard for these agreements has not only led to significant loss and suffering among Native American populations but also set a precedent for the federal government’s treatment of indigenous rights.
This chapter seeks to delve into the historical context surrounding these broken treaties, examining the circumstances under which they were made, the reasons behind their violations, and the profound impact these breaches have had on Native American communities across generations. Through a detailed exploration of key treaties, such as those signed at Fort Laramie and New Echota, this discussion will highlight the patterns of deception and betrayal that have characterized the interactions between the U.S. government and Native American tribes.
In exploring these themes, the chapter will also reflect on the legal and moral implications of such treaty violations. It will consider the contemporary relevance of these historical agreements, looking at ongoing legal battles and movements within Native American communities to reclaim rights and resources unjustly taken from them. Ultimately, this investigation will underscore the necessity of acknowledging these historical injustices as a step toward rectifying them and moving forward with a commitment to fairness and respect in government-tribal relations.
Historical Context of Broken Treaties with Native Americans
The saga of broken treaties between the United States and Native American tribes is deeply embedded in the broader narrative of U.S. expansionism and colonialism. This pattern began almost as soon as European settlers arrived on North American shores and continued more systematically once the formation of the United States brought a centralized government into the equation. The federal government, driven by a Manifest Destiny ideology, pursued a relentless westward expansion that inevitably led to conflicts over land and resources traditionally held by Native American tribes.
Early Interactions and Treaty Making
Initially, treaties were often used by the U.S. as diplomatic tools intended to ensure peace and mutual coexistence with Native American tribes. These documents were meant to be legally binding agreements, negotiated in good faith. The Treaty of Paris in 1783, which ended the American Revolutionary War, for instance, recognized American Indian nations as independent and capable of entering into such treaties. However, as the young nation grew in size and ambition, its commitment to these treaties waned.
Impact of the U.S. Constitution and Federal Policy
The U.S. Constitution, ratified in 1788, explicitly acknowledges treaties as the supreme law of the land, granting the federal government extensive powers in foreign relations, including treaty-making. Despite this, successive administrations often viewed treaties as temporary measures rather than permanent solutions. The government frequently justified treaty violations by portraying them as necessary for the country's growth and security. This stance was reinforced by various legal doctrines, such as the Doctrine of Discovery, which provided a legal backdrop for the expropriation of Native American lands.
Expansion and Conflict
Throughout the 19th century, as settlers moved further west, the demand for land increased. This period saw a surge in treaty-making, with over 500 treaties being negotiated with various tribes. Many of these treaties were designed to remove Native Americans from their ancestral lands to make way for settlers, miners, and railroads. The discovery of gold and other valuable resources on tribal lands further intensified government efforts to relocate Native Americans, often through coercive or deceptive means.
Shift from Treaty Making to Treaty Breaking
By the late 19th century, the U.S. government began to shift away from treaty-making. The Indian Appropriations Act of 1871 effectively ended the recognition of tribes as independent nations with whom treaties could be signed, reflecting a clear change in federal policy from negotiation to direct control. This period also marked the beginning of the reservation era, wherein Native Americans were confined to specific areas that were a fraction of their traditional territories.
Continued Displacement and Assimilation Efforts
Even after the formal end of treaty-making, the U.S. government continued policies that resulted in the forced assimilation and continued displacement of Native peoples. Acts such as the Dawes Act of 1887, which aimed to dissolve tribal landholdings and assimilate individuals into American society, further undermined tribal cultures and economies.
The historical context of broken treaties is thus characterized by a pattern of deceit, coercion, and rationalization that facilitated the expansion of the United States at the expense of Native American sovereignty and well-being. This legacy of broken promises has left enduring scars on Native communities and remains a critical element of contemporary discussions about justice, reparations, and reconciliation.
Key Examples of Broken and Unjust Treaties with Native Americans
The history of U.S. government relations with Native American tribes is replete with examples of treaties that were not honored. Each broken treaty has its own story, reflecting broader themes of betrayal and the consequences of U.S. expansionism. Here, we explore some significant treaties to better understand the specifics of these violations and their impacts.
1. Treaty of Canandaigua (1794)
The Treaty of Canandaigua, also known as the Pickering Treaty, was signed on November 11, 1794, between the United States and the Six Nations of the Iroquois Confederacy. This treaty was one of the early efforts by the United States to establish peaceful relations with Native American tribes following the turmoil of the American Revolutionary War. The Six Nations—consisting of the Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora—played significant roles in the regional dynamics of what is now the Northeastern United States.
Background
During the American Revolutionary War, the Iroquois Confederacy was split, with some nations aligning with the British and others with the Americans. This division led to devastating consequences for the Iroquois, including lost lives, destroyed villages, and significant displacement. After the war, the newly established United States sought to stabilize relations in the region and secure peace with the influential Iroquois nations.
Negotiation and Terms
The treaty was negotiated at Canandaigua, New York, by Colonel Timothy Pickering, the official agent of President George Washington. The negotiations aimed to address the grievances of the Iroquois resulting from land losses and wartime damages. Key provisions of the Treaty of Canandaigua included:
Land Rights: The treaty acknowledged the land rights of the Six Nations, confirming their sovereignty over their remaining territories, which were clearly delineated in the treaty. It was intended to guarantee that these lands would remain free from further white encroachment.
Annual Payments: The United States agreed to make annual payments to the Six Nations, consisting of $10,000 (in goods), as compensation for the land that the Iroquois had lost and as a commitment to their welfare. This provision was also a symbol of peace and ongoing friendship between the parties.
Sovereignty and Peace: The treaty reaffirmed the sovereignty of the Six Nations within their territories and sought to establish lasting peace between the Iroquois and the United States.
Outcomes and Legacy
The Treaty of Canandaigua was successful in maintaining a relatively peaceful relationship between the Six Nations and the United States for many years. However, despite the treaty's terms, there were continued pressures and some encroachments on Iroquois lands over the centuries, particularly as New York State grew.
Importantly, the Treaty of Canandaigua is one of the few treaties between the U.S. government and Native American tribes that continues to be recognized and honored into the present day. The U.S. government still makes the stipulated annual payments of cloth and other goods to the Six Nations each year on November 11th, known as Canandaigua Treaty Day, which is celebrated by members of the Iroquois Confederacy.
Contemporary Relevance
Today, the Treaty of Canandaigua stands as a testament to the enduring legal and moral obligations of the United States to respect the sovereignty and rights of Native American nations. It also serves as a significant example of how treaties, when honored, can serve as durable frameworks for peace and mutual respect between sovereign nations. The ongoing recognition of this treaty provides a foundation for advocating for the rights and recognition of Native American tribes in other contexts, reflecting its lasting importance in U.S.-Native American relations.
2. Treaty of Greenville (1795)
The Treaty of Greenville, signed on August 3, 1795, was a pivotal agreement between the United States and various Native American tribes following the Northwest Indian War, also known as Little Turtle’s War. This treaty marked a significant turning point in the relationship between Native American tribes and the federal government, setting the stage for American expansion into the Northwest Territory, which included what is now Ohio, parts of Indiana, Illinois, Michigan, and Wisconsin.
Background
The Northwest Indian War was primarily fueled by conflicts over land. After the American Revolutionary War, the United States gained control of vast territories that had been previously claimed by the British. Native American tribes in the region, however, had not consented to the transfer of these lands and were determined to resist American expansion. The war was characterized by a series of brutal conflicts between American settlers and a confederation of Native American tribes led by Miami chief Little Turtle, Shawnee leader Blue Jacket, and others.
Negotiations and Signing
The Treaty of Greenville was negotiated after the decisive Battle of Fallen Timbers in 1794, in which American forces under General Anthony Wayne defeated the Native American confederation. Subsequent negotiations involved leaders from various tribes, including those who had participated in the conflict as well as others who were seeking peace.
The treaty was signed by General Wayne and representatives from about twelve Native American tribes. The signatories included leaders from the Wyandot, Delaware, Shawnee, Ottawa, and Miami tribes, among others. This broad representation was crucial in establishing a peace that would reduce hostilities and open up the region to American settlement.
Terms of the Treaty
The Treaty of Greenville established a new boundary line, often referred to as the "Greenville Line," which delineated lands to be ceded to the United States and those that would remain under Native American control. The line generally ran south from the mouth of the Cuyahoga River to Fort Laurens, then west to Fort Recovery, and from there south to the Ohio River. This boundary allowed the U.S. to expand its territory significantly, including most of modern-day Ohio.
In exchange for the land cessions, the treaty provided the tribes with goods valued at $20,000 (such as blankets, utensils, and domestic animals), followed by an annual annuity of $9,500 to be distributed among the tribes. The treaty also included terms that guaranteed safe passage for settlers and traders through Native lands and established that the U.S. would acknowledge tribal land rights, only to be relinquished voluntarily by the tribes.
Impacts and Legacy
The Treaty of Greenville effectively opened the Northwest Territory to American expansion, facilitating settlement and the establishment of new states. While it brought a temporary peace and was seen as a diplomatic success for the United States, the long-term impact on Native American tribes was profound, leading to further loss of land and autonomy as American expansion continued.
Over time, as with many treaties of the era, the terms of the Treaty of Greenville were repeatedly violated or renegotiated as the U.S. government continued to push westward. The treaty remains a significant historical document, emblematic of the complex and often fraught relations between Native American tribes and the expanding United States.
3. Treaty of Dancing Rabbit Creek (1830)
The Treaty of Dancing Rabbit Creek, signed on September 27, 1830, was a pivotal agreement between the United States and the Choctaw Nation. This treaty is historically significant as it was the first major treaty to enforce the Indian Removal Act, signed by President Andrew Jackson earlier that same year. The treaty marked the beginning of the large-scale removal of Native American tribes from their ancestral homelands in the southeastern United States to territories west of the Mississippi River, an area that later became known as Indian Territory (present-day Oklahoma).
Background and Context
During the early 19th century, as European-American settlers expanded into the southern states, pressure mounted to relocate Native American tribes from their fertile and resource-rich lands to more distant territories. The Choctaw, one of the Five Civilized Tribes, inhabited large areas of what are now Mississippi and Alabama. Their land was highly coveted by white settlers because of its agricultural potential.
Negotiation of the Treaty
The negotiations at Dancing Rabbit Creek in Mississippi were marked by considerable pressure and manipulation by U.S. government officials. The Choctaw leaders were faced with the harsh reality of increasing encroachments and hostilities, and were led to believe that removal was inevitable. The U.S. representatives, including Andrew Jackson's agents, promised better lands, protection, and financial assistance if the Choctaw agreed to relocate.
Terms of the Treaty
The Treaty of Dancing Rabbit Creek had several key provisions:
Land Cession and Relocation: The Choctaw agreed to cede about 11 million acres of their homeland in exchange for approximately 15 million acres in Indian Territory. The U.S. government also promised to assist with the relocation process and provide protection for the Choctaw during their journey.
Compensation: The treaty promised financial compensation for the property the Choctaw would leave behind, including improvements to their lands and other assets.
Reservation Options: Interestingly, the treaty allowed those Choctaw who wished to remain in Mississippi to do so by registering and receiving allotments of land. However, those who took this option faced legal and social discrimination and were often stripped of their rights as state citizens.
Supplies and Support: The Choctaw were promised supplies and monetary support to assist with their resettlement, including provisions for a year after their arrival in Indian Territory to help them establish new homes.
Consequences and Legacy
The enforcement of the Treaty of Dancing Rabbit Creek resulted in the removal of thousands of Choctaw in multiple waves, known collectively as the Choctaw Trail of Tears. The conditions during the removal were harsh and poorly managed, leading to significant suffering and death among the Choctaw people.
Suffering During Removal: The journey to Indian Territory was fraught with hardship, including disease, inadequate supplies, and extreme weather conditions. Many died along the route, and those who survived faced the challenge of rebuilding their lives in a new and unfamiliar land.
Impact on Choctaw Society: The removal fractured Choctaw society, as some members chose to stay in Mississippi under difficult circumstances, while others started anew in Indian Territory. The division had long-lasting effects on the social and cultural cohesion of the Choctaw people.
Legal and Political Precedents: The Treaty of Dancing Rabbit Creek set a precedent for the removal of other tribes under the Indian Removal Act. It exemplified the harsh policies of removal that the U.S. government would continue to implement throughout the 1830s, leading to the displacement of tens of thousands of Native Americans.
Today, the Treaty of Dancing Rabbit Creek is remembered as a symbol of the broader injustices faced by Native Americans during the era of forced removal. It serves as a critical reference point in discussions about the rights, treaties, and historical grievances of Native American tribes.
4. Treaty of Payne's Landing (1832)
The Treaty of Payne's Landing, signed on May 9, 1832, was a significant agreement between the United States and several bands of the Seminole tribe in Florida. This treaty was part of the broader policy of Indian Removal, initiated under President Andrew Jackson, which sought to relocate Native American tribes from the southeastern United States to lands west of the Mississippi River. The Treaty of Payne's Landing specifically aimed to convince the Seminoles to leave Florida for new territory in what is now Oklahoma.
Background and Context
The Seminoles in Florida were a diverse group, consisting of indigenous peoples of Florida and runaway slaves who had found refuge among them. By the early 1830s, as white settlers encroached on Seminole lands, tensions escalated, leading to conflicts known as the Seminole Wars. The U.S. government sought to resolve these tensions by removing the Seminoles to the West, far from white settlements.
Negotiation of the Treaty
The treaty was negotiated at Payne's Landing on the Ocklawaha River. The U.S. government was represented by James Gadsden, who later became famous for the Gadsden Purchase. The Seminole delegation was supposedly representative of the tribe, but this was contested later, as many Seminoles claimed that those who signed the treaty did not have the authority to make decisions for the whole tribe.
Terms of the Treaty
The Treaty of Payne's Landing had several critical provisions:
Relocation: The Seminoles agreed to cede their Florida lands to the U.S. government and relocate to the Indian Territory, provided they found the new lands acceptable after an exploratory delegation visited the area.
Exploratory Delegation: The treaty stipulated that a delegation of Seminoles would inspect the land in the Indian Territory to determine its suitability. Their approval was required before the relocation could proceed.
Compensation: The Seminoles were promised compensation for the lands they were leaving behind, as well as provisions and assistance during the relocation process.
Timeframe: The Seminoles were given three years to move to the Indian Territory after the ratification of the treaty.
Consequences and Outcomes
The Treaty of Payne's Landing led directly to the Second Seminole War (1835-1842), one of the costliest Indian wars in U.S. history:
Controversy Over Terms: When the Seminole delegation returned from the Indian Territory, there was disagreement over whether the new land was acceptable and whether the delegates had agreed to relocation. Most Seminoles opposed relocation and felt betrayed by the terms of the treaty.
Resistance and War: The Seminoles’ refusal to relocate led to the outbreak of the Second Seminole War. Osceola, a prominent Seminole leader, famously rejected the treaty and became a key figure in the resistance against U.S. troops.
Human Cost: The war was prolonged and brutal, resulting in significant losses on both sides. Many Seminoles were eventually captured and forcibly removed, but a small group managed to remain in the Florida Everglades.
Legacy
The Treaty of Payne's Landing is remembered as a tragic and contentious chapter in U.S.-Seminole relations. It exemplifies the complexities and conflicts inherent in the U.S. policy of Indian Removal and highlights the resilience and resistance of the Seminole people. The legacy of this treaty and the subsequent war still resonates today, informing the Seminole Tribe's understanding of their history and rights.
5. Treaty of New Echota (1835)
The Treaty of New Echota, signed on December 29, 1835, stands as one of the most controversial and consequential treaties in the history of relations between the United States and Native American tribes, specifically the Cherokee Nation. This treaty was pivotal in the tragic events of the Cherokee removal, commonly known as the Trail of Tears.
Background
By the early 1830s, pressure was mounting from white settlers in Georgia and other southern states to remove the Cherokee and other tribes from their ancestral lands to territories west of the Mississippi River. The Indian Removal Act of 1830, signed by President Andrew Jackson, provided the legal framework to negotiate removal treaties with Native American tribes, ostensibly on a voluntary basis.
Negotiations and Controversy
The Treaty of New Echota was negotiated by a small group of Cherokee individuals led by Major Ridge, John Ridge, and Elias Boudinot, who were part of a faction known as the Treaty Party. These negotiators were not authorized by John Ross, the Principal Chief of the Cherokee Nation, who represented the majority of the Cherokee people and who vehemently opposed removal. Despite this lack of broad representation and legitimacy, the Treaty Party believed that removal was inevitable and sought to secure the best possible terms for their people.
Terms of the Treaty
The treaty stipulated that the Cherokee would cede all their lands east of the Mississippi River in exchange for $5 million, new homelands in Indian Territory (present-day Oklahoma), and the costs of their relocation. It also promised compensation for the lands and other properties they would leave behind.
Ratification and Opposition
The treaty was submitted to the U.S. Senate and ratified by a one-vote margin in May 1836, despite protests from Chief John Ross and a delegation representing the majority of the Cherokee people. Ross presented a petition with over 15,000 Cherokee signatures opposing the treaty, but it did not sway the federal government’s decision.
Aftermath and the Trail of Tears
The enforcement of the Treaty of New Echota led to the forced removal of the Cherokee people from their homelands in 1838-1839. The U.S. government, under the command of General Winfield Scott, carried out the removal, which involved rounding up Cherokee individuals and placing them in internment camps before marching them over 1,000 miles to Indian Territory. Over 4,000 Cherokee people died from disease, exposure, and starvation during the journey, a tragic event that became known as the Trail of Tears.
Legacy
The Treaty of New Echota is remembered as a profound betrayal and a sorrowful chapter in Cherokee history and in the broader narrative of U.S.-Native American relations. It exemplifies the complexities of treaty negotiations, the divisions within tribes about how to respond to American expansion, and the severe consequences of U.S. policy towards Native American peoples. The legacy of the treaty and the Trail of Tears continues to influence the Cherokee Nation today, shaping its identity, politics, and its relationship with the federal government.
6. Treaty of Fort Laramie (1851)
The Treaty of Fort Laramie, signed in 1851, was a significant agreement between the United States and representatives from several Native American tribes, primarily from the northern Plains, including the Lakota Sioux, Cheyenne, Arapaho, Crow, Assiniboine, Mandan, Hidatsa, and Arikara. The treaty was an attempt by the U.S. to ensure peace among the tribes and between the tribes and the U.S., as well as to secure safe passage for settlers traveling to the West Coast along the Oregon Trail.
Background and Context
As the United States expanded westward during the mid-19th century, conflicts between migrating settlers and Native American tribes became increasingly frequent. The discovery of gold in California in 1848 further accelerated westward expansion, leading to increased conflicts over land and resources. The U.S. government sought to address these tensions through treaties that would define territorial boundaries for the tribes and permit the construction of roads and forts.
Negotiations at Fort Laramie
The treaty negotiations were held at Fort Laramie in present-day Wyoming, a location strategically chosen as it was at the crossroads of several major trails west, including the Oregon Trail. The negotiations were led by U.S. government representatives, who aimed to create boundaries between tribal territories that would minimize conflicts among tribes and between tribes and settlers.
Terms of the Treaty
The Treaty of Fort Laramie had several key provisions:
Territorial Boundaries: The treaty established distinct territorial boundaries for each of the participating tribes, intended to prevent inter-tribal conflicts by clearly defining who could hunt or travel in certain areas.
Right of Passage: The treaty allowed for the creation of roads and forts along the Oregon Trail and other routes west. In exchange for these rights of passage through tribal lands, the U.S. promised to compensate the tribes with goods and supplies.
Promises of Payment: The U.S. government agreed to pay the tribes a total of $50,000 annually for fifty years, which was later unilaterally reduced to ten years in the Senate. These payments were meant to compensate the tribes for the disruption to their lands and livelihoods caused by the influx of settlers.
Outcomes and Violations
The treaty initially brought a temporary peace to the region and was seen as a success in terms of reducing inter-tribal violence. However, the U.S. government frequently failed to make the agreed payments fully and on time, leading to dissatisfaction among the tribes. Moreover, the discovery of gold and other valuable resources on designated Native lands led to violations of the treaty by settlers and prospectors.
Subsequent Conflicts and Treaties
The discovery of gold in the Black Hills, which were held sacred by the Lakota and were included in their territory by the treaty, eventually led to renewed conflicts. These tensions culminated in the Great Sioux War of 1876, including the famous Battle of the Little Bighorn. The U.S. government's failure to enforce the terms of the 1851 treaty and protect Native lands from encroachment directly led to the renegotiation of the treaty terms under less favorable conditions for the Native tribes in later agreements, such as the Treaty of Fort Laramie of 1868.
Legacy
The Treaty of Fort Laramie (1851) remains a landmark in the history of U.S.-Native American relations, illustrating the complexities and challenges of treaty-making, the frequent bad faith shown by the U.S. government, and the profound consequences of these treaties on the lives and territories of Native American tribes. Its legacy is a reminder of the legal and ethical responsibilities that were often overlooked in the rush to expand westward.
7. Treaty of Point Elliott (1855)
The Treaty of Point Elliott, signed on January 22, 1855, was a crucial agreement between the United States and several Native American tribes in the Puget Sound region of what is now Washington State. The treaty involved major tribes such as the Duwamish, Suquamish, Snohomish, Snoqualmie, Lummi, Skagit, Swinomish, and others. This treaty was part of a larger U.S. policy aimed at relocating Native American tribes onto reservations and opening up their lands for European-American settlement.
Context and Background
In the mid-19th century, as settlers increasingly moved into the Pacific Northwest, conflicts between these settlers and the indigenous populations began to escalate. The U.S. government, seeking to manage these tensions and facilitate settlement, initiated a series of treaties in the region. Governor Isaac Stevens, the newly appointed governor of Washington Territory, played a key role in these negotiations, aiming to consolidate Native American lands into controlled reservations to clear the way for settlers.
Negotiations at Point Elliott
The treaty negotiations took place at what is now Mukilteo, Washington. Tribal leaders and representatives gathered to discuss terms with Governor Stevens and other U.S. officials. The negotiations were marked by significant pressure on the tribal leaders to cede vast amounts of territory to the U.S. government.
Terms of the Treaty
The Treaty of Point Elliott had several significant provisions:
Land Cessions: The tribes agreed to cede most of their ancestral lands to the U.S. government. In return, they were promised small reservations, which were often far from their original territories and typically less suited to their traditional ways of life.
Rights to Fish, Hunt, and Gather: The treaty guaranteed the tribes the right to fish at their usual and accustomed fishing grounds and stations, as well as the right to hunt and gather on open and unclaimed lands. These rights later became a central issue in legal battles over natural resource use in the region.
Annuities and Payments: The U.S. promised to provide the tribes with certain payments and goods, including cash annuities, agricultural tools, and educational resources, for a specified number of years.
Assimilation Efforts: The treaty included provisions aimed at assimilating the Native American population into Euro-American culture, including the establishment of schools and the encouragement of farming practices.
Consequences and Legacy
The Treaty of Point Elliott, like many similar treaties of the era, led to significant disruptions in the lives of the indigenous peoples involved:
Loss of Land: The ceded lands included areas vital for the cultural and economic sustenance of the tribes. The loss of these lands severely impacted their traditional lifestyles and economies.
Reservation Life: Life on reservations led to numerous hardships, including poverty, disease, and a loss of self-sufficiency. The reservations were often inadequate to support the populations placed on them.
Upholding Treaty Rights: The rights to fish, hunt, and gather were frequently infringed upon by state and local governments, leading to significant legal battles, notably the "Fish Wars" of the 1960s and 1970s. These conflicts culminated in the Boldt Decision of 1974, which reaffirmed the tribes' fishing rights as stipulated by the treaty.
Cultural Resilience: Despite these challenges, the tribes have maintained their cultural identities and practices. They continue to advocate for their treaty rights and work towards economic and social revitalization.
The Treaty of Point Elliott remains a foundational document in the history of the Puget Sound Native tribes. It underscores the ongoing legal and cultural struggles and highlights the enduring significance of treaty rights in the fight for Native sovereignty and self-determination.
8. Treaty of Walla Walla (1855)
The Treaty of Walla Walla, signed in 1855, was an agreement between the United States and several Native American tribes in what is now the Pacific Northwest. It was negotiated and signed at the Walla Walla Council, which took place in present-day Walla Walla, Washington. This treaty involved the Cayuse, Umatilla, and Walla Walla tribes and was one of several treaties negotiated by Isaac I. Stevens, governor of Washington Territory, aimed at relocating Native tribes onto reservations to open up land for European-American settlers.
Background and Context
During the mid-19th century, as settlers poured into the Oregon Territory, conflicts between indigenous peoples and the newcomers increased. Isaac Stevens was appointed as both the governor and superintendent of Indian Affairs for the territory, and he was charged with negotiating treaties to extinguish Native claims to land and facilitate settlement. Stevens' approach was to consolidate the tribes onto smaller, manageable reservations, which would allow for greater control and would supposedly lead to the "civilization" of Native American peoples through farming and education.
Negotiation of the Treaty
The Walla Walla Council of 1855 was a significant gathering, drawing thousands of Native Americans and representatives of the U.S. government. The negotiations were fraught with difficulties, including language barriers, cultural misunderstandings, and differing expectations about the outcomes. Governor Stevens pushed hard for the tribes to cede vast areas of land and move to reservations.
Terms of the Treaty
The Treaty of Walla Walla established several key provisions:
Land Cession: The tribes agreed to cede most of their ancestral lands to the United States. This included rich and fertile areas that were important for traditional hunting, fishing, and gathering activities.
Reservations: The treaty established reservations for the tribes as their new homes. These reservations were smaller and often located in less fertile areas than their traditional lands.
Rights to Fish, Hunt, and Gather: Similar to other treaties of the time, it guaranteed the tribes the right to fish in their usual and accustomed places, as well as to hunt and gather traditional foods on unclaimed lands.
Annuities and Goods: The U.S. government promised to provide the tribes with annuities in the form of money, livestock, agricultural tools, and other goods to help them transition to a more sedentary and agricultural lifestyle.
Education and Health Care: The treaty included provisions for the establishment of schools and the provision of medical care on the reservations to aid in assimilating the tribes into Euro-American culture.
Consequences and Outcomes
The treaty's implementation led to significant changes and challenges:
Land Loss and Displacement: The tribes experienced a profound loss of land, which disrupted their traditional ways of life and economic activities.
Yakima War: The treaty, along with others negotiated by Stevens, directly led to the Yakima War (1855-1858). Misunderstandings and dissatisfaction with the terms of the treaty and aggressive actions by both settlers and some tribal members escalated into open conflict.
Long-Term Impact: The reservations established under the treaty became permanent homes for the tribes, but the promised benefits often fell short of what was needed, leading to hardship and poverty.
Legacy
The Treaty of Walla Walla remains a crucial document in the history of the Pacific Northwest. It has legal and cultural significance for the descendant communities of the Cayuse, Umatilla, and Walla Walla tribes, who continue to uphold their treaty rights in contemporary legal and environmental issues. The treaty is a reminder of the complex interplay between U.S. expansion policies and Native American resistance and adaptation.
9. Treaty of Medicine Lodge (1867)
The Treaty of Medicine Lodge, signed in October 1867, was a set of three agreements between the United States and several tribes of the Southern Plains, including the Kiowa, Comanche, Apache, Cheyenne, and Arapaho. These treaties were part of broader efforts by the U.S. government to pacify Native American tribes through confinement to reservations, thereby opening vast regions for European-American settlement and railroads.
Context and Background
During the mid-19th century, as settlers pushed further into the Great Plains, conflicts between Native tribes and settlers escalated. The Southern Plains region was particularly affected, with frequent skirmishes and raids. The U.S. government sought a solution to these conflicts through treaties that would confine the tribes to designated reservations, where they could be more easily controlled and influenced.
The Negotiations at Medicine Lodge
The negotiations took place near Medicine Lodge Creek in present-day Kansas and involved U.S. government representatives and several thousand Native Americans. The atmosphere of the negotiations was tense, with significant mistrust on both sides. The U.S. aimed to secure peace by relocating the tribes from their traditional hunting grounds to specific areas where they would be under government supervision.
Terms of the Treaty
The Treaty of Medicine Lodge included several key provisions:
Land Cessions and Reservations: The tribes agreed to cede their traditional territories to the United States in exchange for smaller, defined reservations in present-day Oklahoma. These reservations were intended to be the tribes' new permanent homes.
Annuities and Supplies: In exchange for the land, the U.S. government promised to provide the tribes with annuities of cash and supplies, including livestock, farming tools, and food, to aid their transition to a more sedentary, agricultural lifestyle.
Rights to Hunt: The treaty allowed the tribes to continue to hunt on the lands south of the Arkansas River so long as the buffalo existed, recognizing that hunting was an essential part of their culture and subsistence.
Establishment of Agencies and Schools: The treaty provided for the establishment of government agencies to oversee the reservations, along with the promise of schools and teachers to educate Native American children, part of a broader assimilation effort.
Consequences and Outcomes
The Treaty of Medicine Lodge had significant and lasting impacts:
Failure of Provisions: The U.S. government often failed to deliver on its promises of food and supplies, leading to starvation and hardship on the reservations. The annuities were not always paid in full or on time, and the supplies that did arrive were frequently of poor quality.
Cultural Displacement: The transition to reservation life and forced attempts at farming were disastrous for tribes accustomed to a nomadic lifestyle centered around buffalo hunting. The loss of traditional ways of life had profound social and cultural impacts.
Renewed Conflicts: The failure of the U.S. government to adequately fulfill treaty obligations led to renewed conflicts, as tribes occasionally left the reservations in search of food or to retaliate against encroachments by settlers and soldiers. This period included events leading up to the Red River War of 1874-1875, which resulted in the forced return of the tribes to their reservations.
Long-Term Legacy: The Treaty of Medicine Lodge symbolizes the broken promises and mistreatment that characterized much of the U.S. policy toward Native Americans during this era. The reservations established under the treaty still exist today, forming the basis of the tribal lands of the Kiowa, Comanche, and Apache in Oklahoma.
The legacy of the Treaty of Medicine Lodge is a poignant reminder of the challenges and injustices faced by Native American tribes during the period of westward expansion and reservation establishment. It underscores the complex and often painful history of Native American and U.S. government relations.
10. Treaty of Fort Laramie (1868)
The Treaty of Fort Laramie of 1868 is one of the most significant treaties between the United States and Native American tribes, specifically with the Lakota Sioux, along with other Northern Plains tribes including the Arapaho and Northern Cheyenne. This treaty was an important turning point in U.S.-Native American relations, and it had lasting impacts on land ownership, tribal sovereignty, and U.S. legal precedent.
Background and Context
The Treaty of Fort Laramie of 1868 was prompted by escalating conflicts between Native tribes and European-American settlers, culminating in what is known as Red Cloud's War (1866-1868). This conflict began as a response to the construction of the Bozeman Trail through the heart of traditional Lakota territory and near the sacred Black Hills. The trail was constructed without the consent of the Lakota and led to significant military engagements. The U.S. government sought to establish peace and secure safe passage for settlers moving westward, while the Lakota and their allies aimed to protect their lands and way of life.
Negotiation of the Treaty
The treaty was negotiated at Fort Laramie in present-day Wyoming, a significant military post on the northern plains. The negotiations involved Lakota leaders such as Red Cloud, Spotted Tail, and other key figures from the Lakota, Cheyenne, and Arapaho tribes. U.S. government representatives, led by a commission including Indian Peace Commissioners, recognized the need to negotiate peace to avoid further warfare.
Terms of the Treaty
The Treaty of Fort Laramie of 1868 included several critical provisions:
Land and Sovereignty: The treaty established the Great Sioux Reservation, including the sacred Black Hills, as exclusive territory for the Lakota. It was a significant land concession, covering parts of modern South Dakota, Nebraska, and other areas.
Closure of the Bozeman Trail: The U.S. agreed to abandon forts along the Bozeman Trail and recognize the trail as off-limits for settler travel, acknowledging the sovereignty of the Lakota over their lands.
Hunting Rights: The treaty allowed the Lakota to hunt in territories outside the reservation, specifically in the unceded Indian territory in parts of present-day Montana and Wyoming.
Assimilation and Annuities: In exchange for land cessions, the U.S. government promised to provide the tribes with goods and services, including food, education, and medical care, aimed at supporting their transition to a more sedentary lifestyle.
Non-Aggression: Both parties agreed to cease acts of aggression against each other, with the U.S. pledging to protect the Lakota from other settlers and tribes.
Consequences and Outcomes
The Treaty of Fort Laramie of 1868 initially brought a period of relative peace, but it was short-lived:
Discovery of Gold: The discovery of gold in the Black Hills in the 1870s led to an influx of miners and settlers, directly violating the treaty. This triggered renewed conflicts, culminating in the Great Sioux War of 1876-1877, including the famous Battle of the Little Bighorn.
U.S. Legal Actions: In 1877, Congress passed an act unilaterally seizing the Black Hills—a clear breach of the treaty. This action has been the subject of legal battles well into the 20th and 21st centuries.
Legal Precedent: The U.S. Supreme Court case United States v. Sioux Nation of Indians (1980) acknowledged that the Black Hills were taken illegally, and awarded financial compensation, which the Lakota have refused, demanding the return of the land itself.
Legacy
The Treaty of Fort Laramie of 1868 remains a cornerstone in discussions about Native American rights, sovereignty, and treaty obligations. It represents both a significant diplomatic effort to ensure peace and a symbol of the ongoing struggles between the U.S. government and Native American tribes over land, rights, and recognition. The unresolved issues stemming from this treaty, particularly concerning the Black Hills, continue to affect relations and legal proceedings today.
These treaties illustrate a pattern of disregard for Native American rights and sovereignty, driven by U.S. interests in land, resources, and expansion. The broken promises and the manipulation of treaty terms have had devastating effects on Native American tribes, effects that resonate to this day in ongoing legal and social struggles. Understanding these key examples is crucial in recognizing the need for justice and reparative measures toward Native American communities.
Consequences of Broken Treaties with Native Americans
The repercussions of broken treaties between the United States government and Native American tribes extend far beyond the immediate losses of land and sovereignty. These breaches have had multifaceted and long-lasting impacts on the lives, cultures, and futures of Native American communities. Here, we examine the broader consequences of these broken promises.
1. Loss of Land and Economic Base
The most immediate consequence of treaty violations was the loss of land that was vital not only as a physical space but also as an economic base for Native American tribes. Land was closely tied to many tribes' cultural identities, spiritual practices, and subsistence economies. As land was ceded or seized, many tribes were forced onto reservations that often were not suitable for their traditional forms of agriculture, hunting, or foraging, leading to economic destitution and dependency on government provisions, which were often inadequate or delayed.
2. Cultural Disruption and Loss
When tribes were moved from their ancestral lands, they were not only physically displaced but also culturally disoriented. The forced relocations disrupted traditional social structures, spiritual practices, and community bonds. Sacred sites and landscapes that played central roles in tribal cultures were left behind, severing spiritual and historical connections essential for cultural transmission. The imposition of Western cultural norms and education systems further eroded indigenous languages, customs, and traditions.
3. Decline in Health and Wellbeing
The conditions on reservations and the trauma from forced relocations had severe impacts on Native Americans' health. Inadequate diet, overcrowding, poor sanitary conditions, and lack of medical care led to outbreaks of diseases such as tuberculosis and smallpox, which were exacerbated by malnutrition and stress. The psychological impact of these conditions, along with the trauma of displacement and cultural loss, contributed to long-term mental health issues.
4. Legal and Sovereignty Issues
The breaking of treaties also had profound legal consequences. Each violated treaty represented a breach of trust that challenged the concept of Native sovereignty and self-governance. As treaties were ignored or altered without the consent of the tribes, it became clear that Native American legal rights were not held in the same regard as those of other U.S. entities. This undermined the tribes' ability to govern themselves and manage their affairs according to their customs and laws.
5. Continued Conflict and Resistance
The breach of treaties often led to conflict as Native Americans resisted the encroachments and injustices. This resistance sometimes erupted into armed conflict, such as the Sioux Wars following the violation of the Treaty of Fort Laramie. Even in periods of relative peace, the legacy of broken treaties fueled ongoing disputes and litigation, as tribes have continued to fight for the recognition of their treaty rights in U.S. courts.
6. Socioeconomic Disadvantages
The long-term socioeconomic impact of these treaty violations is evident today in the disparities faced by many Native American communities. Issues such as poverty, unemployment, lack of educational resources, and inadequate healthcare are more prevalent in many Native American populations than in the general U.S. population. These issues are direct legacies of the policies and practices that stripped Native peoples of their lands, resources, and autonomy.
The consequences of broken treaties are complex and enduring, affecting not just the material conditions of Native American lives but also their cultural, social, and psychological wellbeing. Understanding these consequences is crucial for addressing the current challenges faced by Native American communities and for moving towards genuine reconciliation and repair.
Ongoing Impact and Legal Considerations of Broken Treaties with Native Americans
The historical breaches of treaties between the United States and Native American tribes continue to resonate today, shaping the socio-political landscape and influencing ongoing legal battles. These unresolved issues underscore the complex relationship between Native American tribes and the federal government, emphasizing the need for a reassessment of legal frameworks and policies.
1. Legal Battles and Land Claims
Many Native American tribes have turned to the U.S. legal system to address unresolved treaty violations. Land claims and disputes over resource rights are among the most contentious issues. For example, recent court decisions have upheld treaty fishing rights, leading to significant changes in state policies regarding natural resource management. Additionally, some tribes have successfully reclaimed portions of land taken from them unjustly, though these victories often require lengthy legal battles and substantial financial resources.
2. Recognition of Sovereignty
The ongoing struggle for recognition of sovereignty remains central to many tribal nations. This involves not only acknowledgment of historical treaties but also respect for the tribes' right to self-governance. Legal recognition affords tribes the ability to manage their own resources, enforce their laws, and govern their lands according to their cultural norms and political structures. However, the extent of this sovereignty is frequently challenged in courts, particularly when state and federal laws conflict with tribal laws.
3. Economic Development and Resource Rights
The right to exploit natural resources on tribal lands is another significant issue. Many broken treaties included provisions that stripped tribes of their resource rights or manipulated them into unfavorable concessions. Today, tribes advocate for the control and benefit from their resources, such as minerals, timber, and water. Successful management of these resources can lead to significant economic benefits for tribes but often involves negotiating complex regulatory environments and competing interests.
4. Water Rights
Water rights have emerged as a critical area of contention and negotiation, given their importance to agriculture, sovereignty, and cultural practices. Several tribes have engaged in legal actions to assert their rights to water access as guaranteed by treaties. These cases often set precedents, influencing water policy and management across the United States. The outcomes of these battles not only affect the tribes involved but also shape regional water policies and management strategies.
5. Restoration of Rights and Lands
In recent years, there has been some progress in the form of land returns and the restoration of rights to tribes. These actions, often a result of legal settlements or legislative acts, are seen as steps towards rectifying past injustices. For instance, the return of ancestral lands and the recognition of traditional hunting and fishing rights can help restore a degree of economic and cultural autonomy to tribes.
6. Educational and Cultural Revival
Legal considerations also extend to the protection and revival of cultural heritage and languages. As tribes gain more autonomy and recognition, they have increasingly prioritized the revitalization of their languages and cultural practices, often disrupted or destroyed due to treaty violations. Legal frameworks that support cultural preservation are crucial for these efforts, providing the means to reclaim and sustain indigenous knowledge and practices.
The ongoing impact of broken and unfavorable treaties is a testament to their deep-seated influence on Native American communities. Legal battles and the push for the recognition of rights and sovereignty are not merely remnants of historical conflicts but are active expressions of resilience and demands for justice. Addressing these issues legally and morally is not only about acknowledging past wrongs but also about creating a framework for equitable and respectful relations moving forward.
Conclusion: Addressing the Legacy of Broken and Unfavorable Treaties with Native Americans
The enduring legacy of broken and unfavorable treaties between the United States and Native American tribes serves as a stark reminder of a troubled past that continues to affect the present and future of indigenous communities. Acknowledging these injustices and striving towards reconciliation and justice is not merely a matter of historical interest but a crucial step in rectifying longstanding grievances that continue to manifest in economic disparities, legal battles, and cultural erosion within Native American communities.
1. The Need for Recognition and Reconciliation
True reconciliation begins with a full acknowledgment of the past wrongs committed by the United States in its dealings with Native American tribes. This acknowledgment must come not only in words but in actions that demonstrate a commitment to rectifying the consequences of broken treaties. The federal government, states, and individual citizens must engage in a collective process of understanding the historical and ongoing impacts of these injustices.
2. Legal and Political Reforms
Addressing the consequences of broken treaties requires substantial legal and political reforms. This includes upholding existing treaties to the fullest extent, reviewing and revising laws that continue to undermine tribal sovereignty, and ensuring that future policies respect the rights and lands of Native American tribes. Legal systems must evolve to not only address but also prevent further injustices, ensuring that Native American rights are permanently respected and protected.
3. Economic and Social Support
Compensatory measures are essential to address the socioeconomic disadvantages that have resulted from centuries of broken treaties and policies of displacement and assimilation. This support should include initiatives aimed at economic development, healthcare, education, and infrastructure on reservations and in Native communities. These initiatives must be developed in partnership with the tribes to ensure they meet the specific needs and priorities of each community.
4. Cultural Preservation and Revitalization
The cultural impact of treaty violations has been profound, leading to the loss of languages, traditions, and identities. Efforts to preserve and revitalize Native American cultures should be intensified, with adequate funding and resources provided to support tribal cultural centers, language restoration programs, and educational curricula that include Native history and cultural studies.
5. Strengthening Tribal Sovereignty
Empowering tribes to manage their own affairs is a fundamental aspect of addressing the legacy of broken treaties. Strengthening tribal sovereignty involves recognizing and supporting tribal governance structures, legal systems, and economic practices. It also means involving Native leaders in national policy dialogues that affect indigenous peoples.
6. Continued Advocacy and Education
The path towards justice and equality for Native American tribes involves continued advocacy, education, and public awareness. It is crucial for educational systems at all levels to teach the history of Native American treaties and their breaches honestly and comprehensively. Public advocacy and support can drive political and social changes, fostering a broader understanding and respect for Native American rights and contributions.
The broken and unfavorable treaties represent more than historical documents; they symbolize a legacy of exploitation and injustice that demands rectification. Addressing this past involves a comprehensive approach that includes legal justice, economic support, cultural preservation, and the strengthening of sovereignty. Only through such multi-faceted efforts can the United States hope to mend its relations with Native American communities and foster a future of respect, equality, and shared prosperity.