Native American Treaty Making

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Native American Treaty Making
Dr. Zoltan Grossman Faculty member in
Geography and Native American Studies, The
Evergreen State College, Olympia,
Washingtonhttp//academic.evergreen.edu/g/grossma
z
Supreme Law of the Land (U.S. Constitution
Article VI )
Adapted for Bowlings WA State History
Class Lincoln Center, LHS Tacoma, Washington
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European/settlerimagery of Indiansas evil threat
Parallels with earlier Euro. views of pagans/
witches/ Satan in the forest
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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

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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
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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 Georges Men)
• Christian missionnaires
• Protestants in Walla Walla (1836-47) and
• Nez Perce Catholics in Cowlitz, 1838

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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

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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

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Stevens Treaties

• 64 million acres (100,000 sq. mi.)
• ceded tribal title extinguished,
• 1854-55
• lt 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

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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)

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(No Transcript)
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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
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Medicine Creek Treaty Tree
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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

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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)
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Puget Sound War, 1855-56

• Nisqually, Klickitat raid Seattle village,
  warship cannon attacks Jan. 1855
• Chief Sealth refuses to join Leschi, alerts
  settlers
• Muckleshoots attack along settlements along White
  River
• 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)

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Nisqually Reservation

• Moved to Nisqually River,
• expanded to 4,700 acres
• Lost 70 to Fort Lewis, 1917

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Puyallup Reservation

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

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Leschi execution
Leschi

• Brother Quiemuth killed
• in Governors 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
• Leschis name, Dec. 2004

Quiemuth