NATIVE TREATYMAKING NATIVE TREATYMAKING Supreme Law of the Land” Supreme Law of the Land” (U.S. Constitution (U.S. Constitution Article VI ) Article VI ) Dr. Zoltan Grossman Dr. Zoltan Grossman Faculty member in Geography Faculty member in Geography and Native American Studies, and Native American Studies, The Evergreen State College, The Evergreen State College, Olympia, Washington Olympia, Washington http://academic.evergreen.edu/g/grossma
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NATIVE TREATYMAKING “Supreme Law of the Land” (U.S. Constitution Article VI ) Dr. Zoltan Grossman Faculty member in Geography and Native American Studies,
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NATIVE TREATYMAKINGNATIVE TREATYMAKING
““Supreme Law of the Land” Supreme Law of the Land” (U.S. Constitution (U.S. Constitution
Article VI )Article VI )
Dr. Zoltan GrossmanDr. Zoltan GrossmanFaculty member in GeographyFaculty member in Geographyand Native American Studies,and Native American Studies,The Evergreen State College, The Evergreen State College,
Expulsion of Moors (Arabs) & Jews from Spain, 1492
English colonization of Welsh, Scots, Irish
European view of “Noble Savage” European view of “Noble Savage” Native Americans innocent children of nature (Rousseau);Native Americans innocent children of nature (Rousseau);
Communal ideas influenced European political thoughtCommunal ideas influenced European political thought
ParallelParallelwithwith
earlierearliermyth ofmyth of““WildWild
Man”Man”
European/settlerEuropean/settlerimagery of Indiansimagery of Indians
as evil threatas evil threat
Parallels with earlier Euro.Parallels with earlier Euro.views of pagans/ “witches”/views of pagans/ “witches”/
Satan in the forestSatan in the forest
““Civilizing” the “Primitive” “Savage” Civilizing” the “Primitive” “Savage”
English Latin Meaning
Civilize Civilis “Citify; make a citizen”
Primitive Primitivus “First of its kind”
Savage Salvaticus “Of the forest”
Binary ViewBinary ViewBlack-white view of Natives as not fully human
• Native as bad – Dangerous savage; evil threat
• Native as good – Noble savage; close to nature
• Native bad, but can be saved– Conversion; assimilation
• “Pendulum” swings of federal Indian policy, public attitudes
Spanish colonial debateSpanish colonial debate
• Indians = Heathens;
best as slaves
(Sepulveda)
• Indians can be
converted
(Las Casas)
European Treaty Law European Treaty Law
• Native nations legal “owners” of land, so acquisition needs to be through legal contract or treaty
(Francisco De Vitoria, 1537)
• British implicitly recognize Native nationhood through treaties; saw as “sovereignty” in European terms
• European need for single tribe and “sovereign” (king) often centralizes Native bands and leadership
Early Treaty-making Era Early Treaty-making Era (1770s-1830s)(1770s-1830s)
• For land cessions,
setting boundaries
• “Civilize” Indians,
restrict white traders
• Only feds can make treaties– Recognition of nationhood
• “Supreme Law of the Land” – Article VI Constitution
Treaties for cessions Treaties for cessions (Land transfers to U.S.)(Land transfers to U.S.)
• Cessions traded land for peace (prevented war)
• U.S. benefited from ceded lands & resources
• If abrogate treaties, give back land? Pay for resources?
Defining setDefining setboundariesboundaries
1825 Treaty of Prairie du Chien
unites bands as nations, but to
prepare forland cessions
Usufructuary (Use) RightsUsufructuary (Use) Rights
• Tribes could not survive on reservation resources alone,
so treaties reserved use rights on ceded lands
-- Hunting, fishing, gathering
• Similar to use rights after selling private property – Access to fruit tree, boat landings, road, etc.
• Some treaties further specified that services or payments were to be provided to the tribe – Unequal to land’s value