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Land acquisition was the principal reason for These trading activities made it more difficult for the treaties and was pursued to such an extreme extent United States as more Americans pushed into the that, by the end of the nineteenth century, American Ohio Valley and the back country of the Southeast. Indians held less than 2 percent of the land that they The most obvious kind of treaty called for tribes had once possessed totally. The unleashed white set- to surrender their lands. In less than thirty years, tler became an uncontrollable force to consume from to , federal officials made thirty-one Indian lands.

These cession resulted in many Indian removal treaties or war. A treaties extinguished Indian title to all of the area domino effect occurred as eastern tribes moved onto east of the Mississippi River from the Ohio River to lands of interior groups, who moved onto lands of the Gulf of Mexico.

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Officially, treaties had to be ratified by the U. Expansion of the United States was another goal Congress and signed by the president of the United of government officials. During the Civil War, fed- States. Congressional ratification was most active eral officials negotiated, and the government rati- during the s, as federal officials met with Native fied, eighteen treaties that called for expanding the leaders at an increasing rate.

Treaty making fell into territory held by the Union. Modoc, Omaha, Winnebago, and Ponca Nations. Unratified treaties were agreements not con- These agreements included land cessions and fur- firmed by the U. Naturally, many agree-. It is estimated that between forty-seven have been helpful in the completion of this project and eighty-seven treaties were unratified. Most over the last two years: President Michael Crow; Native leaders did not understand the ratification Executive Vice President and Provost Elizabeth process and believed that all the agreements they Capaldi; former Provost Milton Glick; Vice President made were official.

I am grateful for Organization of the Encyclopedia the support from the ASU Foundation, which spon- This encyclopedia is intended as a comprehensive sors my Distinguished Professorship of History, and reference tool for anyone interested in American for ASU as a leading university that supports schol- Indian treaties with the United States.

In these three arship in American Indian history.

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I especially want volumes, the larger number of U. I thank my research assistants during the final Canada-Indian treaties are described. The first volume consists Youngbull; they have helped to track down a lot of of major essays that explain various perspectives on information as well as doing other chores. With their Indian treaties, and regional treaties. In the second help, after I moved to Arizona, the boulder was volume, entries are included that describe each pushed the rest of the way to the top of the moun- treaty; short entries address treaty sites and terms; tain in the sun with a smile.

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The third volume contains a historical utors who wrote entries and the noted scholars who chronology, brief biographies of noted individuals wrote the essays for the encyclopedia. Nor would involved in the treaties, and a section on treaty- this project have been possible without the patience, related issues. Thank you to Car- oline Price for the tremendous illustrations; and to Acknowledgments April Wells-Hayes for the thorough copyedit of the This three-volume project has been the work of manuscript.

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I wish all editors were like Vicki Moran many people. I have often felt like an academic who guided this project smoothly through all its pro- Sisyphus, facing the enormous task of rolling the duction stages. I am especially grateful to my wife, big boulder up the mountain.

More than three hun- Professor April Summitt, whose words of support dred people have helped, supported, and written encouraged me to complete this project. I am also entries or essays for this encyclopedia. I am grateful grateful to my son, Keytha Fixico, who has patiently for the help of the following individuals, who waited for me so that we could go to a movie and do assisted with this project in the early years at the other son-and-dad stuff.

I appreciate the support given my work by Creek—to whom this three-volume encyclopedia is Chancellor Robert Hemenway, Provost David Shu- dedicated.

Fixico Kansas. Arizona State University. L ike other peoples, American Indians have Treaties are legally binding agreements between. L always been concerned with preserving their sovereigns; they are also called compacts, covenants, cultural autonomy, retaining their land, and conventions, and memoranda of understanding. Regard- maintaining political sovereignty. One way tribes less of the nomenclature, these treaties have been a have preserved their legal rights is by entering into critical part of the American Indian past and are of treaties and agreements with other sovereigns.

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Approximately Indian treaties were ratified by In fact, tribal governments continue to negotiate the United States Deloria, V. A number of other treaties that resulted from particularly state and local entities Deloria, P. Senate and U. In March of that year, Congress placed Indian tribes entered into treaties with other a rider on an appropriations bill that ended the prac- sovereigns for different reasons and with varying tice of Indian treaties in the United States 25 U.

Prior to that date, the executive branch would alliances, authorized trade, defined political and negotiate treaties with the tribes, and the Senate jurisdictional boundaries, divided natural resources, would either ratify the treaty or not. Some treaties established and maintained peace, ensured commu- involved monetary payments to tribes, for which nity survival, and at times provided for the final dis- Congress needed to appropriate funds.

The House of solution of tribal governments. Representatives objected to this process because they As a matter of tribal law and policy, a treaty is a were being asked to fund items included in treaties binding agreement between two or more nations. Although the legislation of be binding Wilkinson and Volkman , The federal define the legal status of tribal governments within government continued to have a government-to- the United States today Monette , — Today, As a practical matter, the United States con- there are more than federally recognized tribes tinued to negotiate formal agreements with tribal within the United States, including Alaska Native vil- governments well into the s; however, rather lages.

Treaties were the foundation of federal recogni- than being submitted to the Senate for ratification, tion of Indian tribes as sovereigns Porter , In this form, the post lands eastern United States , the Great Plains, and agreements with tribes took the form of congres- the Northwest, many tribes in other regions did not sional enactments rather than ratified treaties. The routinely negotiate treaties with the United States.

After lengthy negotia- between the United States and the Pueblos of the tions with tribal governments, federal agents pre- Southwest Brann , — The United States pared formal allotment agreements with the consent did not enter into treaties with any of the Alaska of tribal officials. These agreements were formally Native sovereigns Case and Voluck , 16— The federal-tribal owned or controlled by other tribes. Tribes reached diplomatic process, followed by tribal consent and agreements that recognized boundaries between federal approval, was essentially the same as the tribal lands and passage between those territories.

All these negotiations predated European contact Modern tribal governments continue to enter and influence. In fact, much of the Indian treaty- into agreements with other tribes and with state and making process was passed from the tribes to their local governments. Tribal and state governments fre- European counterparts, who freely adopted Indian quently negotiated cross-deputization agreements treaty-making procedures and diplomatic decorum between each other as two sovereigns.

These agree- in the negotiations that followed. The agreements permit tribal police renewed, and gifts exchanged between the parties as officers to make arrests on lands that would other- a sign of goodwill Deloria, V. These formalities and ceremonial gestures pre- versa. In some areas of the country, where state and ceded any discussion of new parameters or terms of tribal jurisdiction depends on the ownership of agreement.

In this regard, American Indians influ- neighboring parcels of land, these ongoing agree- enced the manner in which future negotiations ments are necessary to public safety and effective would take place, and federal negotiators embraced policing Pommersheim , Tribes and states also enter into revenue-sharing The influence of European and subsequent U. These agree- tribes negotiated. There was a shift away from ments are typically referred to as compacts. Where tax reliance on oral agreements toward a focus on writ- jurisdiction is ambiguous or where collection of tax ten documents.

Prior to European contact, the treaty revenues proves burdensome, tribes and states have negotiations of tribes were committed to memory, negotiations compacts in lieu of federal court litiga- with the entire discussion constituting the binding tion.

Treaties With American Indians

One sovereign agrees not to pursue tax claims agreement of the parties. In some com- treaty-making process and, over time, changed the pacts, the sovereigns agree how the funds are to be way tribes entered into the negotiating process.


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The spent in a mutually beneficial manner both for citi- result was a shift in focus: today, many Indian peo- zens of the state and for citizens of the tribe. Tribes entered into fluid communications nearly impossible, yet agree- various treaties with Great Britain, Spain, and other ments were made.

In coming together, each side European sovereigns prior to the American Revolu- influenced the treaty process of the other sovereign, tion Deloria, V. By tribe was completed during the Revolutionary the time Europeans arrived, tribes were already War, the Treaty of Fort Pitt Treaty with the skilled in negotiating treaties and agreements for a Delaware in The Delaware made a formal variety of purposes.

Tribes had formed military alliance with the American revolutionaries, and the alliances and political confederations for centuries. In exchange, the Americans required access to vast territories, including lands agreed to build a fort inside the Delaware Nation to.

Beyond its historical significance, treaty with the United States. The Cherokee Nation, this treaty was important because it established that like the Osage, the Muscogee Creek, the Seminole, tribes were sovereign entities with the power of and other Indian nations, entered into treaties of diplomacy. It also established, in a legal context, that alliance with the Confederate States in When tribes were property owners with full dominion the Civil War was over, the United States reestab- over territory, including the right to exclude others lished ties with the Cherokee Nation, but the Chero- from their territory.

The Delaware were in a position kee Nation agreed to several concessions, including of strength when negotiating with the colonies. The relative strength of the Delaware dimin- These post—Civil War treaties were among the last ished over time, and the tribe later found itself in a official treaties between Indian nations and the much weaker diplomatic position. Yet whether in United States. The post—Civil War treaty with the strength or in weakness, the Delaware continued to Cherokee is unique because it precipitates additional negotiate treaties with other sovereigns to accom- treaties between tribes on the request of the United plish their goals.