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Native American Law: Treaties w/ U.S. (1778-1881) & Earlier Treaties

Research guide to support the spring 2024 Native American Law course taught by Professor Precious Benally.

Online Exhibit (publicly accessible)

Rights of Native Americans timeline (@ National Archives)

Treaty Collections (publicly accessible)

Source available to researchers willing to create Open Library accounts at Internet Archive:

Alden T. Vaughan, ed., Early American Indian Documents: Treaties and Laws, 1607-1789

  • BLS Library owns in print vols. 7-10. (KF8202 1979, Main collection)  New York Public Library, Schwarzman Building also has print vols. 
  • Contents:
    • v. 1. Pennsylvania and Delaware treaties, 1629-1737 / edited by Donald H. Kent
    • v. 2. Pennsylvania treaties, 1737-1756 / edited by Donald H. Kent
    • v. 3 Pennsylvania treaties, 1756-1775 / edited by Alison Duncan Hirsch
    • v. 4. Virginia treaties, 1607-1722 / edited by W. Stitt Robinson
    • v. 5. Virginia treaties, 1723-1775 / edited by W. Stitt Robinson
    • v. 6. Maryland treaties, 1762-1775 / edited by W. Stitt Robinson
    • v. 7. New York and New Jersey treaties, 1609-1682 / edited by Barbara Graymont
    • v. 8. New York and New Jersey treaties, 1683-1713 / edited by Barbara Graymont
    • v. 9. New York and New Jersey treaties, 1714-1753 / edited by Barbara Graymont
    • v. 10. New York and New Jersey treaties, 1754-1775 / edited by Barbara Graymont
    • v. 11. Georgia treaties, 1733-1763 / edited by John T. Juricek
    • v. 12. Georgia and Florida treaties, 1763-1776 / edited by John T. Juricek
    • v. 13. North and South Carolina treaties, 1654-1756 / edited by W. Stitt Robinson
    • v. 14. North and South Carolina treaties, 1756-1775 / edited by W. Stitt Robinson
    • v. 15. Maryland and Maryland laws / edited by Alden T. Vaughan and Deborah A. Rosen
    • v. 16. Carolina and Georgia laws / edited by Alden T. Vaughan and Deborah A. Rosen
    • v. 17. New England and Middle Atlantic laws / edited by Alden T. Vaughan and Deborah A. Rosen
    • v. 18. Revolution and Confederation / edited by Colin G. Calloway
    • v. 19. New England treaties, Southeast, 1524-1761 / edited by Daniel R. Mandell
    • v. 20. New England treaties, North and West, 1650-1776 / edited by Daniel R. Mandell.

Three Key Treaty Resources Provided by Oklahoma State University (OSU) Libraries:

Early Recognized Treaties with American Indian Nations (digitized by OSU Library Electronic Publishing Center, which operated from 2000-2008)

  • Provides nine treaties created between 1702-1805.  The site states that these treaties do not appear in United States Statutes at Large.
    • Ratified treaty # 1: The Great Treaty of 1722 Between the Five Nations, the Mahicans, and the Colonies of New York, Virginia, and Pennsylvania.
    • Ratified treaty # 2: Deed in Trust from Three of the Five Nations of Indians to the King, 1726.
    • Ratified treaty # 3: A Treaty Held at the Town of Lancaster, By the Honourable the Lieutenant Governor of the Province, and the Honourable the Commissioners for the Province of Virginia and Maryland, with the Indians of the Six Nations in June, 1744.
    • Ratified treaty # 4: Treaty of Logstown, 1752.
    • Ratified treaty # 5: The Albany Congress, and Treaty of 1754.
    • Ratified treaty # 6: At a Conference Held By The Honourable Brigadier General Moncton with the Western Nations of Indians, at the Camp before Pittsburgh, 12th Day of August 1760.
    • Ratified treaty # 7: Treaty of Fort Stanwix, or The Grant from the Six Nations to the King and Agreement of Boundary Line — Six Nations, Shawnee, Delaware, Mingoes of Ohio, 1768.
    • Ratified treaty # 28: Convention Between the State of New York and the Oneida Indians, June 1, 1798.
    • Ratified treaty # 44: Treaty with the Wyandot, etc., 1805.

Indian Affairs, Laws and Treaties compiled by Charles J. Kappler (@ OSU Libraries - digitized by OSU Library Electronic Publishing Center)

  • Description provided by OSU Library: "Compiled and edited by Charles J. Kappler, this historically significant, seven volume compilation contains U.S. treaties, laws and executive orders pertaining to Native American Indian [T]ribes. The volumes cover U.S. Government treaties with Native Americans from 1778-1883 (Volume II) and U.S. laws and executive orders concerning Native Americans from 1871-1970 (Volumes I, III-VII)."
  • Research tip: To access a more extensive, searchable database provided by OSU Libraries, visit Tribal Treaties Database (described below).

Tribal Treaties Database (@ OSU Libraries)

  • OSU Libraries states that this searchable database provides treaties, agreements and additional historical documents "that have shaped relationships between [T]ribal nations and the United States." 
    • Date range of available Treaties: 1722-1868. 
    • Date range of available Agreements: 1792-1902.
    • Supports browsing by: Treaties, Agreements, Tribes, tagged Key Provisions, and two Indexes.
  • OSU Libraries also provides an extensive list of additional publicly accessible digital sources and print monographs.

Additional Sources of Treaties and Maps:

Note: BLS librarians learned of two sources below by reviewing National Indian Law Library's Tribal Law Gateway: How to Find Treaties.

British-American Diplomacy: The Jay Treaty 1794 and Associated Documents (@ The Avalon Project, Yale Law School)

Native American Heritage: American Indian Treaties (housed @ National Archives and Records Administration) includes:

  • Catalog links to digitized treaties and transcriptions in the series: "Ratified Indian Treaties, 1722–1869."
    • Provides access to Treaties by Date and to Treaties by Tribe.
  • IDA Treaties Explorer
    • Allows users to view treaties in the series: "Ratified Indian Treaties, 1722–1869" + historical maps of land transfers called "cessions" by compiler Charles C. Royce.

Native American Spaces: Cartographic Resources at the Library of Congress: Treaty Boundaries and Cessions

  • The digitized maps available here are:
    • Survey of West Florida and Alabama, 1771; Lands Ceded by the Cherokee Indians to the State of South-Carolina,1777; Map of Creek Indians Cessions in Alabama and Georgia, 1816; Map of Indian Lands in Iowa, 1846; Former Territorial Limits of the Cherokee Nation, 1884; Judicially Established Indian Land Areas, 1978; and the collection: "Indian Land Cessions in the U.S., 1784-1894."

Source of Supporting Documentation:

American Indian Treaties: Supporting Documentation (@ National Archives and Records Administration)

  • Notes digital accessibility of series described in NARA Special List No. 6, List of Documents Relating to the Negotiation of Ratified and Unratified Indian Treaties, 1801–1869,

Treaty Collections (print & subscription, BLS Library)

Note: In a book review of Documents of American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775-1979, Professor Jay H. Buckley noted editors Vine Deloria, Jr. and Raymond J. DeMallie provide "hundreds of treaties and agreements" made by Tribal Nations that are not included in Indian Affairs: Laws and Treaties compiled by Charles J. Kappler.  For example, Buckley highlights six chapters in volume two of Documents of American Indian Diplomacy containing "treaties and agreements Congress refused to ratify or rejected outright" or that Tribal Nations "refused initially or after the Senate had added unacceptable amendments to the original documents."  Buckley also praised the "informative chapter introductions" written by Deloria and DeMallie.  See Jay H. Buckley, Review of Documents of American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775-1979, 21(2) Great Plains Quarterly 165-166 (2001).
 

Indigenous Peoples of the Americas: History, Culture & Law (in HeinOnline) 

  • Access tip: To access this database from a remote location, implement the BLS proxy server instructions for one web browser. Librarians recommend the proxy server instructions for Firefox browser.   

Includes:

Native American Law Treaties (in Westlaw) (enter Westlaw username/password)

  • Contents: "Full text documents of Native American Indian treaties to which the U.S. government is a party. Native American treaties, as published in [United States] Statutes at Large, begin with volume 7 (1797)."  (Enter Westlaw username/password.)

Native American People Treaties, Ratified and Unratified (in Lexis+) (enter Lexis+ username/password)

  • Contents:  "Native American Peoples Treaties contains the full text of all treaties, ratified and unratified." "From 1787 through 1883." 

New York Historical Document Collection (1603-1782) (subscription, BLS Library)

  • Research tip: BLS researchers can search "within all volumes" for keywords, such as: treaty Fort Stanwix  Then, click: Search Term Hits to view search results.
  • In CR37 (available here), University of New Brunswick Libraries provides a detailed description of the coverage dates for the document subcollections in this source.