American Indian Treaties: The History of a Political Anomaly

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University of California Press, Nov 15, 2023 - History - 562 pages
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.
 

Contents

The Anomaly of Indian Treaties
1
A Treaty System
21
The Revolutionary War Years
23
Treaties of Peace after the Revolution
41
TreatyMaking Procedures under the Constitution
67
Confirming the Procedures Other Treaties in the 1790s
85
Instruments of Federal Policy
103
Testing the Treaty System 1800 to the War of 1812
105
Treaty Substitutes
311
The Collapse of the Treaty System
334
Renewal The Twentieth Century
359
Treaties in the New Century
361
Treaties before the Supreme Court
385
TreatyRights Activism
409
Treaty Documents and Their Promulgation
429
Ratified Indian Treaties
446

A Position of Dominance The War of 1812 and After
129
Indian Removal and the Debate about Treaty Making
156
The Removal Period in the North
183
Treaties in the Expanding West
235
The Civil War Decade
261
Deterioration
287
The End of Treaty Making
289
Ratified Agreements with Indian Tribes 18721911
4
Unratified Treaties
11
Sources for the Study of American Indian Treaties
5
Index
7
Picture Credits
Copyright

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About the author (2023)

Francis Paul Prucha, S.J. (1921-2015) was Professor Emeritus of History at Marquette University. Among his many books is The Indians in American Society: From the Revolutionary War to the Present.

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