treaty making

What happened

For almost a century the United States made treaties with Native nations. The Bureau of Indian Affairs says that between 1778, when the first treaty was made with the Delawares, and 1871, the United States Senate ratified 370 treaties. It adds that at least 45 others were negotiated with tribes but never ratified by the Senate.

The end came in an act of March 3, 1871 (16 Stat. 566). It is now codified at 25 U.S.C. 71. The law says that no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty.

The same sentence protects the older treaties. It says no obligation of any treaty lawfully made and ratified with a tribe before March 3, 1871, shall be invalidated or impaired.

The BIA's account of what followed is brief. Since then, it says, relations with Indian groups have been formalized or codified by acts of Congress, executive orders and executive agreements. It also notes that many treaty commitments were fulfilled or later superseded by legislation, and that members of tribes without treaties may still receive federal services if eligible.

Good to know. The 370 ratified and 45 unratified treaty counts are the Bureau of Indian Affairs'; other counts exist.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error