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American Indian affairs are much in the public mind today—hotly contested debates over such issues as Indian fishing rights, land claims, and reservation gambling hold our attention. While the unique legal status of American Indians rests on the historical treaty relationship between Indian tribes and the federal government, until now there has been no comprehensive history of these treaties and their role in American life. Francis Paul Prucha, a leading authority on the history of American Indian affairs, argues that the treaties were a political anomaly from the very beginning. The term "treaty" implies a contract between sovereign independent nations, yet Indians were always in a position of inequality and dependence as negotiators, a fact that complicates their current attempts to regain their rights and tribal sovereignty. Prucha's impeccably researched book, based on a close analysis of every treaty, makes possible a thorough understanding of a legal dilemma whose legacy is so palpably felt today.
This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges 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 legislation that ended the treaty process, to the continuing impact of treaties in force today. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region.
Nation to Nation explores the promises, diplomacy, and betrayals involved in treaties and treaty making between the United States government and Native Nations. One side sought to own the riches of North America and the other struggled to hold on to traditional homelands and ways of life. The book reveals how the ideas of honor, fair dealings, good faith, rule of law, and peaceful relations between nations have been tested and challenged in historical and modern times. The book consistently demonstrates how and why centuries-old treaties remain living, relevant documents for both Natives and non-Natives in the 21st century.
Treaties with Native American groups in the Pacific Northwest have had profound and long-lasting implications for land ownership, resource access, and political rights in both the United States and Canada. In The Power of Promises, a distinguished group of scholars, representing many disciplines, discuss the treaties' legacies. In North America, where treaties have been employed hundreds of times to define relations between indigenous and colonial societies, many such pacts have continuing legal force, and many have been the focus of recent, high-stakes legal contests. The Power of Promises shows that Indian treaties have implications for important aspects of human history and contemporary existence, including struggles for political and cultural power, law's effect on people's self-conceptions, the functions of stories about the past, and the process of defining national and ethnic identities.
Reproduced in this two-volume set are hundreds of treaties and agreements made by Indian nations--with, among others, the Continental Congress; England, Spain, and other foreign countries; the ephemeral Republic of Texas and the Confederate States; railroad companies seeking rights-of-way across Indian land; and other Indian nations. Many were made with the United States but either remained unratified by Congress or were rejected by the Indians themselves after the Senate amended them unacceptably. Many others are "agreements" made after the official--but hardly de facto--end of U.S. treaty making in 1871. With the help of chapter introductions that concisely set each type of treaty in its historical and political context, these documents effectively trace the evolution of American Indian diplomacy in the United States.
Faith in Paper is about the reinstitution of Indian treaty rights in the Upper Great Lakes region during the last quarter of the 20th century. The book focuses on the treaties and legal cases that together have awakened a new day in Native American sovereignty and established the place of Indian tribes on the modern political landscape. In addition to discussing the historic development of Indian treaties and their social and legal context, Charles E. Cleland outlines specific treaties litigated in modern courts as well as the impact of treaty litigation on the modern Indian and non-Indian communities of the region. Faith in Paper is both an important contribution to the scholarship of Indian legal matters and a rich resource for Indians themselves as they strive to retain or regain rights that have eroded over the years. Charles E. Cleland is Michigan State University Emeritus Professor of Anthropology and Curator of Anthropology and Ethnology. He has been an expert witness in numerous Native American land claims and fishing rights cases and written a number of other books on the subject, including Rites of Conquest: The History and Culture of Michigan's Native Americans; The Place of the Pike (Gnoozhekaaning): A History of the Bay Mills Indian Community; and (as a contributor) Fish in the Lakes, Wild Rice, and Game in Abundance: Testimony on Behalf of Mille Lacs Ojibwe Hunting and Fishing Rights.
This readable yet sophisticated survey of treaty-making between Native and European Americans before 1800, recovers a deeper understanding of how Indians tried to forge a new society with whites on the multicultural frontiers of North America-an understanding that may enlighten our own task of protecting Native American rights and imagining racial justice.