Francis Paul Prucha - American Indian treaties: the history of a political anomaly

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title	:	American Indian Treaties : The History of a Political Anomaly
author	:	Prucha, Francis Paul.
publisher	:	University of California Press
isbn10 | asin	:	0520208951
print isbn13	:	9780520208957
ebook isbn13	:	9780585181585
language	:	English
subject	Indians of North America--Treaties--History
publication date	:	1994
lcc	:	KF8205.P75 1994eb
ddc	:	341/.026673
subject	:	Indians of North America--Treaties--History

Page iii American Indian Treaties The History of a Political Anomaly Francis Paul Prucha

Page iv University of California Press Berkeley and Los Angeles, California University of California Press, Ltd. London, England 1994 by The Regents of the University of California First Paperback Printing 1997 Library of Congress Cataloging-in-Publication Data Prucha, Francis Paul. American Indian treaties : the history of a political anomaly / Franciso Paul Prucha p. cm. Includes bibliographical references and index ISBN 0-520-20895-1 (alk. paper) 1. Indians of North AmericaTreatiesHistory. I. Title. KF8205.P75 1994 341026673dc20 93-36297 CIP Printed in the United States of America 9 8 7 6 5 4 3 2 The paper used in this publication meets the minimum requirements of American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984.

Page v The condition of the Indians in relation to the United States is perhaps unlike that of any other two people in existence. Cherokee Nation v. Georgia (1831) We have in theory over sixty-five independent nations within our borders, with whom we have entered into treaty relations as being sovereign peoples; and at the same time the white agent is sent to control and supervise these foreign powers, and care for them as wards of the Government. This double condition of sovereignty and wardship involves increasing difficulties and absurdities. Edward P. Smith, commissioner of Indian affairs (1873) The relation of the Indian tribes living within the borders of the United States, both before and since the Revolution, to the people of the United States has always been an anomalous one and of a complex character. United States v. Kagama (1886)

Page vi The publisher gratefully acknowledges the contribution provided by the General Endowment Fund of the Associates of the University of California Press.

Page vii CONTENTS List of Illustrations xi Preface xiii Abbreviations Used in Footnotes xv Introduction: The Anomaly of Indian Treaties 1 Part One. A Treaty System 21 1 The Revolutionary War Years 23 2 Treaties of Peace after the Revolution 41 3 Treaty-making Procedures under the Constitution 67 4 Confirming the Procedures: Other Treaties in the 1790s 85

Page viii Part Two. Instruments of Federal Policy 103 5 Testing the Treaty System: 1800 to the War of 1812 105 6 A Position of Dominance: The War of 1812 and After 129 7 Indian Removal and the Debate about Treaty Making 156 8 The Removal Period in the North 183 9 Patterns in Treaty Making 208 10 Treaties in the Expanding West 235 11 The Civil War Decade 261 Part Three. Deterioration 287 12 The End of Treaty Making 289 13 Treaty Substitutes 311 14 The Collapse of the Treaty System 334

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