Why Treaties MatterIn less than 100 years (1778 to 1871), the diverse Indian nations of North America entered into nearly 400 treaties with the United States. These agreements covered the full range of international relations: trade compacts, military alliances, peace accords, land cessions. All of the official US-Indian treaties are examined in the US Treaty Signer Project.
The treaties hold a special place in the American Myth as historical milestones in the inspiring story of US ascendancy, documents that relegated Indigenous nations to the past tense. In reality, however, the US-Indian treaties remain vital and operative today, for several reasons.Retained RightsFirst, through these agreements Indigenous peoples have retained collective, sovereign rights that delineate their national identities. Treaties (the “supreme law of the land” in the language of the Constitution) established legally-based government-to-government relationships that guaranteed the Indian nation’s retention of certain rights and privileges, such as land use and occupation. These rights – assaulted and defended continuously over subsequent generations – continue to shape the political, legal, social and economic life of North America. US Property RightsAnother enduring legacy of the treaties – and one that attracts surprisingly little public discourse today -- is their role in creating the US property system. It was only at treaty signings that land essentially became property. Through treaties, the US (according to its own legal framework) perfected its title to land and could then pass on that title. The alchemy by which treaties created property rights was spelled out by John Marshall in the Supreme Court case of Johnson v. M’Intosh. Spoiler alert: it involved the infamous “Doctrine of Discovery.” For more on treaties and US property rights, click here. Treaty SignersA treaty, then, was the moment when elements of the natural world became the capital of a capitalist society. And this moment attracted land speculators, railroad executives, mining and timber company owners, traders and Indian agents who would benefit most directly and immediately from a land cession. Looking at the US signers of a treaty opens a window on what transpired there.
The treaties hold a special place in the American Myth as historical milestones in the inspiring story of US ascendancy, documents that relegated Indigenous nations to the past tense. In reality, however, the US-Indian treaties remain vital and operative today, for several reasons.
Retained RightsFirst, through these agreements Indigenous peoples have retained collective, sovereign rights that delineate their national identities. Treaties (the “supreme law of the land” in the language of the Constitution) established legally-based government-to-government relationships that guaranteed the Indian nation’s retention of certain rights and privileges, such as land use and occupation. These rights – assaulted and defended continuously over subsequent generations – continue to shape the political, legal, social and economic life of North America.
US Property RightsAnother enduring legacy of the treaties – and one that attracts surprisingly little public discourse today -- is their role in creating the US property system. It was only at treaty signings that land essentially became property. Through treaties, the US (according to its own legal framework) perfected its title to land and could then pass on that title. The alchemy by which treaties created property rights was spelled out by John Marshall in the Supreme Court case of Johnson v. M’Intosh. Spoiler alert: it involved the infamous “Doctrine of Discovery.” For more on treaties and US property rights, click here.
Treaty SignersA treaty, then, was the moment when elements of the natural world became the capital of a capitalist society. And this moment attracted land speculators, railroad executives, mining and timber company owners, traders and Indian agents who would benefit most directly and immediately from a land cession. Looking at the US signers of a treaty opens a window on what transpired there.
HISTORICAL OVERVIEWThe motivations behind US "Indian policy" changed over the course of the treaty-making era (1778-1870.) Before the war of 1812, for instance, large-scale land speculators controlled US policy making and insisted on the acquisition of Indigenous land. In the 1830s the focus of US policy was "Indian Removal". In the 1860s railroads asserted tremendous influence. All of these interests were represented by US treaty signers. In short, we can learn about treaties by knowing who signed them for the US.The historial overviews below present six distinct eras in treaty-making. Within each era, descriptions of smaller groups of treaties emphasize the interests represented by US signers.
HISTORICAL OVERVIEWThe motivations behind US "Indian policy" changed over the course of the treaty-making era (1778-1870.) Before the war of 1812, for instance, large-scale land speculators controlled US policy making and insisted on the acquisition of Indigenous land. In the 1830s the focus of US policy was "Indian Removal". In the 1860s railroads asserted tremendous influence. All of these interests were represented by US treaty signers. In short, we can learn about treaties by knowing who signed them for the US.
The historial overviews below present six distinct eras in treaty-making. Within each era, descriptions of smaller groups of treaties emphasize the interests represented by US signers.
Treaties Note: Many "unofficial" treaties were also signed by Indigenous nations with the US, the Confederate States, Texas, etc. These are not included in the databaseTHE US INDIAN TREATY DATABASEBasic information on each of 386 treaties and agreements between the US and Indigenous nations is available here. Included are all treaties and agreements from 1778 to 1873 that are found in Kappler, Indian Affairs: Laws and Treaties, vol. 2, plus a treaty between the State of New York and the Oneida people.To find the record for any treaty, which includes every US signer, start by clicking on the appropriate decade above, or use "find an item" to the left to search for a specific treaty. The treaty records include:Date and place of signingDate of ratification and proclaimationIndigenous nations involved in treatyMargin notes on articles of every treatyThe name of every U.S. signerSignature and any title for each signerLinks to treaty text and land cession mapsTreaty of Traverse Des Sioux, Frank B. Mayer Minnesota Historical Society
Note: Many "unofficial" treaties were also signed by Indigenous nations with the US, the Confederate States, Texas, etc. These are not included in the database
THE US INDIAN TREATY DATABASE
Basic information on each of 386 treaties and agreements between the US and Indigenous nations is available here. Included are all treaties and agreements from 1778 to 1873 that are found in Kappler, Indian Affairs: Laws and Treaties, vol. 2, plus a treaty between the State of New York and the Oneida people.
To find the record for any treaty, which includes every US signer, start by clicking on the appropriate decade above, or use "find an item" to the left to search for a specific treaty. The treaty records include:
Treaty of Traverse Des Sioux, Frank B. Mayer Minnesota Historical Society
