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NATIVE TREATYMAKING

NATIVE TREATYMAKING. Dr. Zoltan Grossman Faculty member in Geography and Native American Studies, The Evergreen State College, Olympia, Washington http://academic.evergreen.edu/g/grossmaz. “Supreme Law of the Land” (U.S. Constitution Article VI ). Doctrine of Discovery.

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NATIVE TREATYMAKING

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  1. NATIVE TREATYMAKING Dr. Zoltan Grossman Faculty member in Geography and Native American Studies, The Evergreen State College, Olympia, Washingtonhttp://academic.evergreen.edu/g/grossmaz “Supreme Law of the Land” (U.S. Constitution Article VI )

  2. Doctrine of Discovery America defined as Terra Nullis (Empty Land) Native subjects of one Crown (sovereign) Native title taken through purchase or war Native retains rights of occupancy, land use

  3. European doctrine of “Higher Land Use” America as sparsely Inhabited “virgin wilderness” (wild) Agriculture (sedentary) higher than hunting/ gathering (nomadic) Justification for taking “unused” land

  4. Precedents forthe “Other” Crusades against Muslims Roman wars against “Barbarians” Burning of Wiccans (“Witches”) Expulsion of Moors (Arabs) & Jews from Spain, 1492 English colonization of Welsh, Scots, Irish

  5. European view of “Noble Savage” Native Americans innocent children of nature (Rousseau);Communal ideas influenced European political thought Parallel with earlier myth of “Wild Man”

  6. European/settlerimagery of Indiansas evil threat Parallels with earlier Euro. views of pagans/ “witches”/ Satan in the forest

  7. “Civilizing” the “Primitive” “Savage” English Latin Meaning Civilize Civilis “Citify; make a citizen” Primitive Primitivus “First of its kind” Savage Salvaticus “Of the forest”

  8. Binary 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

  9. Spanish colonial debate • Indians = Heathens; best as slaves (Sepulveda) • Indians can be converted (Las Casas)

  10. 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

  11. Early Treaty-making Era (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

  12. Treaties for cessions (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?

  13. Defining set boundaries 1825 Treaty of Prairie du Chien unites bands as nations, but to prepare for land cessions

  14. Usufructuary (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

  15. Annuities (annual payments) Ojibwe at LaPointe, Madeline Island, WI 1852

  16. Treaties Treaties are agreements between sovereign nations. 371+ treaties signed by U.S. & Native nations to 1871, implied recognition of sovereignty. Only federal government can negotiate a treaty; State laws cannot impinge

  17. Reserved Rights Doctrine Treaties removed rights. They did not grant them. Tribes sold land to U.S. under conditions. Rights to control ceded lands taken away. Tribes retained some rights practiced for centuries.

  18. Canons of Construction Accounts of treaty talks, translations often ambiguous; Chinook jargon used for NW treaties Treaties must be interpreted and construed as Indians would have understood them. Missionnaries’ shorthand for Chinook jargon

  19. Early U.S. Presence • Lewis and Clark Astoria at Columbia mouth, 1805 • U.S. & Britain jointly occupy “Oregon Country,” 1818 American Fur Co. vs. Hudson Bay Co. (“Bostons” vs. “King George’s Men”) • Christian missionnaires Protestants in Walla Walla (1836-47) and Nez Perce; Catholics in Cowlitz, 1838

  20. Oregon Territory • Oregon Trail, 1843 Huge influx of settlers • U.S. -British boundary, 1846 Set at 49 degrees; British get Vancouver I. • Oregon Land Donation Act Settlers promised 320 acres each, 1850 • Treaties fail, 1851-53

  21. Washington Territory • Gov. Isaac Stevens, 1853 Territorial Governor, BIA Superintendent, Transcontinental Railroad planner • Threats toward tribes to cede land for settlers, RR “Haste, high pressure, and no little chicanery on the part of the whites was predominant throughout the meetings from start to finish.” --William Brown • British, Meeker favored better trade relations with tribes

  22. Stevens and the Settlers • Stevens declares ceded lands open to settlers before treaties made or ratified (facts on ground) • Land had been promised to both groups; dividing them (Settlers 1850, Tribes 1854-55) • U.S. Army (Gen. Wool) saw aggressive settlers and armed “Volunteers” as threat to peace

  23. Settler Colonialism • Not just for resources, but for land • Settle poor as social “safety valve” • Settlers “set up” to fight indigenous peoples

  24. Settler Colonialism Elsewhere Whites in Southern Africa Chinese in Tibet Protestants in Northern Ireland Russians in Siberia Israelis in West Bank

  25. Stevens Treaties • 64 million acres (100,000 sq. mi.) ceded; tribal title extinguished, 1854-55 • < 6 million acres retained by tribes Goal to consolidate on 2-3 large reservations • Pay purchase price over 20 years • Supply farm tools; assumed tribes will assimilate

  26. Tribes retain fishing rights “The right of taking fish at usual and accustomed grounds and stations is further secured to said Indians, in common with all citizens of the United States; and of erecting temporary houses for the purpose of curing; together with the privilege of hunting and gathering roots and berries on open and unclaimed lands. Provided, however, That they shall not take shell-fish from any beds staked or cultivated by citizens.” (Point Elliot Treaty, 1855)

  27. XXXXXXXX • xxxxx

  28. Medicine Creek Treaty • Dec. 26, 1854, Nisqually Delta • 2.24 million acres ceded for $32,400 (paid over 20 years) • Nisqually, Puyallup, Squaxin each get 1,280-acre reservations (Nisqually put on rocky plain, not river) • Squaxin Island Reservation; each village (inlet) had own name Nisqually Chief Leschi refuses to sign treaty

  29. Medicine Creek Treaty Tree

  30. Point Elliot Treaty • Jan. 1855, Mukilteo (included Seattle, Everett, Bellingham) Settlers move in before treaty ratification. • Pit Muckleshoot (upriver) vs. Duwamish (downriver) by lumping together Sealth

  31. Point No Point Treaty • Jan. 1855, Hadskus • Treaty covers Klallams, Chimakum, Twana (Skokomish) Attempt to consolidate all on Hood Canal (Skokomish); Klallams resist to stay near Strait of Juan de Fuca

  32. Quinault Treaty • July 1855, Olympia (Quinault, Queets, Hoh, Quileute) • Attempt to consolidate non-treaty peoples to south on Quinault Res. (Cowlitz, Chehalis, Chinook, Shoalwater)

  33. Treaty of Neah Bay • Jan. 1855: Makah whaling & • sealing rights also retained • in treaty; essential for tribe • Makah whaled until • Non-Native industry • depleted whales, 1920s • Makah lived in Neah Bay • and formerly at Ozette

  34. June 1855: Plateau fishing cultures moved to reservations off Columbia River Yakama, Cayuse, Umatilla, Walla Walla river bands Attempt to consolidate all on Yakama Reservation; Added Umatilla, Warm Springs in OR Treaty of Walla Walla Kamiakum

  35. Chief Leschi • Refused to sign treaty because Nisqually did not have quantity or quality of land for survival (“Pushed onto reservations to die”) • Many local settlers respected and cooperated with him • Launched war against territorial government to force changes Leschi (Nisqually/Klickitat)

  36. Puget Sound War, 1855-56 Nisqually, Klickitat raid Seattle village, warship cannon attacks Jan. 1855 Sealth refuses to join Leschi, alerts settlers Muckleshoots attack along settlements along White River

  37. Puget Sound War, 1855-56 Yakamas defeat U.S. in Toppenish battle, Oct. 1855 Settlers Volunteers attack Native resisters, civilians; Gen. Wool criticizes but is removed Settlers kill, mutilate Peopeo Moxmox under (white flag of truce)

  38. Fox Island Agreement, Aug. 1856 Noncombatant agreement responds to treaty grievances Muckleshoots get land parcels on White River Squaxins get island (but interned there)

  39. Nisqually Reservation • Moved to Nisqually River, expanded to 4,700 acres Lost 70% to Fort Lewis, 1917

  40. Puyallup Reservation • Expanded and moved to Puyallup River mouth at Commencement Bay Lost reservation land to railroad and settlers in Allotment Era

  41. Leschi Leschi execution • Brother Quiemuth killed in Governor’s office • Leschi arrested for killing of Army officer in war • Despite widespread support and two hung juries, executed near Fort Steilacoom, Feb. 19, 1858 • Judges in “retrial” clear Leschi’s name, Dec. 2004 Quiemuth

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