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The relationship between the United States government and Native American tribes has been shaped by hundreds of treaties signed over centuries. These legal agreements reveal a complex and often troubling history of diplomacy, broken promises, and the systematic displacement of indigenous peoples. Understanding these treaties provides crucial insight into American history and the ongoing challenges faced by Native American communities today.
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 during this period, though negotiations produced many more agreements that were never formally ratified. These treaties covered land cessions, peace agreements, and the establishment of reservations. The sheer volume of these documents demonstrates the extensive legal framework that governed relations between the federal government and indigenous nations.
2. The First Treaty Was Signed With the Delaware Nation in 1778
The Treaty of Fort Pitt, signed on September 17, 1778, marked the first formal agreement between the newly formed United States and a Native American tribe. This treaty established a military alliance during the Revolutionary War and even proposed the possibility of the Delaware Nation becoming a state within the union—a provision that was never fulfilled.
3. Congress Ended Treaty-Making in 1871
The Indian Appropriations Act of 1871 included a rider that prohibited the federal government from recognizing Native American tribes as independent nations capable of making treaties. This dramatic policy shift meant that Native Americans would thereafter be dealt with through executive orders and congressional acts rather than negotiated treaties, fundamentally changing their legal status.
4. The Treaty of Fort Laramie Promised Land “For As Long As Rivers Flow”
The 1868 Treaty of Fort Laramie guaranteed the Great Sioux Nation ownership of the Black Hills in perpetuity, using the poetic language “for as long as rivers flow and eagles fly.” However, when gold was discovered in the Black Hills in 1874, the United States violated this treaty, leading to conflicts including the Battle of Little Bighorn and eventually the forced seizure of the land.
5. Many Treaties Were Signed Under Duress or Deception
Historical records reveal that numerous treaties were negotiated under coercive circumstances. Tribal leaders sometimes signed agreements without fully understanding the English text, with translations being incomplete or deliberately misleading. In other cases, government negotiators dealt with individuals who lacked authority to speak for their tribes, then treated these agreements as binding.
6. The Cherokee Nation’s Treaties Led to the Trail of Tears
Despite multiple treaties recognizing Cherokee sovereignty, including the Treaty of Hopewell (1785) and the Treaty of Holston (1791), the controversial Treaty of New Echota in 1835 led to the forced removal of the Cherokee people. Signed by a minority faction without proper authorization, this treaty resulted in the tragic Trail of Tears, during which thousands died during the forced westward migration.
7. Treaty Violations Have Been Acknowledged by the Supreme Court
In the 1980 case United States v. Sioux Nation of Indians, the Supreme Court ruled that the government’s seizure of the Black Hills violated the Fifth Amendment and the Fort Laramie Treaty. The Court awarded $105 million in compensation, though the Sioux Nation has refused the money, insisting on the return of their sacred lands instead.
8. Treaties Established Reservation Boundaries That Still Exist Today
Many current Native American reservations were created through treaty negotiations. These agreements defined specific territories where tribes would retain sovereignty and hunting rights. While many reservations have been reduced in size over time through subsequent legislation, the original treaty boundaries remain legally significant in land disputes and rights cases.
9. Hunting and Fishing Rights Were Preserved in Multiple Treaties
Numerous treaties specifically protected Native American rights to hunt, fish, and gather on traditional lands, even outside reservation boundaries. These rights have been repeatedly affirmed by courts and remain in effect today, though they continue to generate controversy and legal battles, particularly in the Pacific Northwest regarding salmon fishing rights.
10. The Canandaigua Treaty Has Been Honored for Over 225 Years
The 1794 Treaty of Canandaigua, signed between the United States and the Six Nations of the Iroquois Confederacy, remains one of the longest-standing treaties still recognized. The federal government continues to provide the annual payment of cloth specified in the treaty, and the agreement is commemorated each year by both parties.
11. Treaties Recognized Tribal Sovereignty
By negotiating treaties with Native American tribes, the U.S. government implicitly recognized them as sovereign nations with the authority to enter into international agreements. This legal foundation continues to support tribal sovereignty claims today, though the extent of that sovereignty has been consistently challenged and limited through subsequent legislation and court decisions.
12. Land Cessions Through Treaties Totaled Billions of Acres
Through the treaty process, Native American tribes ceded approximately 1.5 billion acres of land to the United States government. In exchange, tribes typically received much smaller reservation lands, annual payments, and promises of protection and services—promises that were frequently broken or inadequately fulfilled.
13. Senate Ratification Was Required but Often Altered Treaties
Like international treaties, agreements with Native American tribes required Senate ratification. However, the Senate frequently amended treaties before ratification, sometimes making substantial changes to terms that tribal leaders had agreed to. These alterations were often not clearly communicated to the tribes, leading to misunderstandings about treaty obligations.
14. Modern Courts Continue to Interpret Treaty Language
Treaty rights remain relevant in contemporary legal disputes. Federal courts regularly hear cases involving treaty interpretation, applying the “canons of construction” principle that ambiguities in treaty language should be interpreted in favor of Native American tribes and as the tribes would have understood them at the time of signing.
15. The United Nations Has Called for Treaty Obligations to Be Honored
International attention to Native American treaty rights has increased in recent decades. The United Nations Declaration on the Rights of Indigenous Peoples, adopted in 2007, affirms that treaties between indigenous peoples and states should be recognized and honored. This international framework has provided additional support for Native American efforts to enforce treaty rights.
Understanding the Legacy
These fifteen facts illuminate the complex legal and moral landscape of Native American treaties in United States history. While treaties were meant to be binding agreements between sovereign nations, the historical record shows a pattern of violations and unmet obligations that has had devastating consequences for Native American communities. Today, these treaties remain living documents, continuing to shape legal battles over land rights, sovereignty, and resources. Understanding this history is essential for addressing ongoing injustices and honoring the legal commitments made centuries ago.