By Donald L. Fixico
Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the 1st finished creation to the treaties that promised land, self-government, monetary information, and cultural protections to a few of the over 500 tribes of North the USA (including Alaska, Hawaii, and Canada). Going well past describing phrases and stipulations, it's the in simple terms connection with discover the old, political, felony, and geographical contexts within which every one treaty took shape.Coverage levels from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 laws that ended the treaty method, to the ongoing effect of treaties in strength this day. Alphabetically equipped entries disguise key participants, occasions, legislation, lawsuits, and different issues. additionally incorporated are sixteen in-depth essays on significant concerns (Indian and executive perspectives of treaty-making, modern rights to gaming and repatriation, etc.) plus six essays exploring local American intertribal relationships area via sector.
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Extra info for Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty (3 volume set)
Sample text
When the Civil War was over, the United States reestablished ties with the Cherokee Nation, but the Cherokee Nation agreed to several concessions, including the settlement of other tribes on Cherokee lands. These post–Civil War treaties were among the last official treaties between Indian nations and the United States. The post–Civil War treaty with the Cherokee is unique because it precipitates additional treaties between tribes on the request of the United States. Rather than using force to require the Cherokee Nation to accept the relocation of other Indian tribes, the United States acknowledged that the tribes would work out the terms of relocation and new citizenship in an intertribal treaty.
Although not every tribe negotiated treaties with the United States, the political consequences of treaty making and the legal principles that flow from court cases involving treaty interpretation continue to define the legal status of tribal governments within the United States today (Monette 1994, 617–618). Even the tribes that never entered into treaties with the United States benefit from the resulting legal framework of Indian nations as sovereigns. Today, there are more than 560 federally recognized tribes within the United States, including Alaska Native villages.
After outraged Cherokee leaders complained of the methods used to secure the treaty, Senator Henry Clay sought to prevent its ratification, proposing that the Senate refuse to approve it based on the absence of authority on the part of the Cherokee who signed it. The Senate rejected this proposal by nearly two to one. Sometimes the United States bought off the legitimate tribal leaders with side deals, which might or might not be acknowledged in the language of the treaty. In 1790, for example, the Treaty of New York with the Creeks ceded most of the Creek lands in Georgia to the United States.