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The history of treaties between the United States government and Native American tribes represents one of the most complex and often tragic chapters in American history. From the nation’s earliest days through the late 19th century, hundreds of treaties were negotiated, signed, and frequently violated. These legal agreements shaped the relationship between Indigenous peoples and the federal government, determining land ownership, sovereignty rights, and the fate of entire nations. Understanding these treaties provides crucial insight into the ongoing struggles for Native American rights and recognition.
Key Historical Facts About Native American Treaties
1. Over 500 Treaties Were Signed Between 1778 and 1871
The United States government ratified approximately 370 treaties with various Native American tribes, though the total number negotiated exceeded 500. These agreements began with the Treaty of Fort Pitt in 1778 with the Delaware Nation and continued until Congress officially ended treaty-making with tribes in 1871. Each treaty represented a nation-to-nation agreement, recognizing tribes as sovereign entities capable of diplomatic relations.
2. The Treaty of Fort Laramie Recognized Lakota Sovereignty Over the Black Hills
The 1868 Treaty of Fort Laramie established the Great Sioux Reservation, including the sacred Black Hills in present-day South Dakota. This treaty explicitly recognized Lakota ownership of these lands and prohibited white settlement without tribal consent. However, following the discovery of gold in 1874, the U.S. government violated the treaty, leading to decades of legal battles that continue today.
3. The Constitution Grants Congress Exclusive Treaty-Making Authority
Article I, Section 8 of the U.S. Constitution specifically grants Congress the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” This constitutional provision established tribes as distinct political entities separate from states, creating the legal foundation for treaty negotiations and federal-tribal relationships.
4. The 1871 Indian Appropriations Act Ended Treaty-Making
Congress passed legislation in 1871 that declared no Indian nation or tribe would be recognized as an independent nation with whom the United States could contract by treaty. This marked a fundamental shift in federal Indian policy, though existing treaties remained legally binding. After 1871, agreements with tribes took the form of executive orders and congressional acts rather than formal treaties.
5. The Canandaigua Treaty Remains in Effect After 229 Years
Signed in 1794 between the United States and the Six Nations of the Haudenosaunee (Iroquois) Confederacy, the Canandaigua Treaty is one of the oldest continuously observed treaties. It established peace, recognized Haudenosaunee sovereignty, and guaranteed land rights. The treaty is still honored through annual commemorations and continues to influence modern legal decisions regarding Indigenous rights in New York State.
6. Native American Treaties Are Considered “Supreme Law of the Land”
Under the Supremacy Clause of the U.S. Constitution, ratified treaties hold the same legal weight as federal law and supersede state laws. This principle has been affirmed repeatedly by the Supreme Court, establishing that states cannot unilaterally violate treaty rights. However, enforcement of this principle has been inconsistent throughout American history.
7. The Treaty of Dancing Rabbit Creek Initiated Large-Scale Removal
Signed in 1830, this treaty with the Choctaw Nation was the first major agreement implementing the Indian Removal Act. It ceded approximately 11 million acres of Choctaw homeland in Mississippi in exchange for land in Indian Territory (present-day Oklahoma). This treaty set the precedent for subsequent removal treaties with other southeastern tribes, leading to the Trail of Tears.
8. Many Treaties Were Signed Under Duress or Deception
Historical records reveal that numerous treaties were negotiated through coercion, fraud, or deliberate misrepresentation. Government negotiators sometimes dealt with unauthorized individuals rather than legitimate tribal leaders, provided misleading translations, or threatened military action to secure signatures. These circumstances have formed the basis for modern legal challenges to treaty validity.
9. The Marshall Trilogy Established Foundational Treaty Law
Three Supreme Court decisions in the 1830s, written by Chief Justice John Marshall, created the legal framework for understanding tribal sovereignty and treaty rights. These cases established tribes as “domestic dependent nations” with inherent sovereignty, recognized the federal government’s trust responsibility to tribes, and affirmed that only the federal government could negotiate with tribes.
10. Treaty Rights Include Reserved Rights Not Explicitly Mentioned
The “reserved rights doctrine” establishes that tribes retained all rights not explicitly ceded in treaties. This principle, articulated in cases like United States v. Winans (1905), means that hunting, fishing, and gathering rights existed prior to treaties and were reserved unless specifically surrendered. This doctrine continues to protect Indigenous resource rights today.
11. The Medicine Lodge Treaty Created Reservations for Southern Plains Tribes
In 1867, the Medicine Lodge Treaty established reservations for the Comanche, Kiowa, Kiowa-Apache, Cheyenne, and Arapaho tribes in Indian Territory. The treaty promised education, agricultural support, and annuities in exchange for vast land cessions. Like many treaties, its promises were inadequately fulfilled, and the assigned reservation lands were later significantly reduced.
12. Only 4 Percent of Promised Treaty Compensation Was Actually Paid
Historical analyses reveal that the United States government failed to fulfill the financial obligations outlined in most treaties. A report by the Indian Claims Commission found that only a small fraction of promised compensation, goods, and services was ever delivered. This systematic breach of contract contributed to widespread poverty and hardship in Native American communities.
13. The Treaty of Point Elliott Secured Pacific Northwest Fishing Rights
The 1855 Treaty of Point Elliott with tribes in present-day Washington State explicitly reserved tribal fishing rights at “usual and accustomed grounds and stations.” This provision became the foundation for the landmark 1974 Boldt Decision, which affirmed that tribes were entitled to half of the harvestable fish in their traditional fishing areas, upholding treaty promises made 120 years earlier.
14. Congressional Ratification Often Altered Original Treaty Terms
Many treaties underwent significant modifications during the Senate ratification process, with changes made without tribal consultation or consent. Provisions favorable to tribes were sometimes removed or weakened, land allotments reduced, or new conditions added. These unilateral alterations further undermined the integrity of the treaty process and deepened mistrust.
15. Modern Legal Battles Continue Over Treaty Rights
Native American tribes continue to litigate treaty rights in federal courts, addressing issues ranging from water rights and resource management to taxation and jurisdictional authority. Recent Supreme Court decisions, including McGirt v. Oklahoma (2020), have reaffirmed the continuing legal force of historical treaties, demonstrating that these 19th-century agreements remain vitally relevant to contemporary Indigenous sovereignty and rights.
Conclusion
The history of Native American treaties reveals a pattern of promises made and broken, legal obligations honored more in theory than practice. These agreements, negotiated between sovereign nations, established rights and protections that remain legally binding today despite centuries of violation and neglect. Understanding this treaty history is essential for comprehending contemporary Native American issues, from land disputes to sovereignty questions. As courts continue to interpret these historical documents, the treaties signed generations ago continue to shape the relationship between the United States government and Indigenous peoples, serving as both a reminder of past injustices and a foundation for future recognition of tribal rights and sovereignty.