The Treaties of the Eastern Shawnee Tribe

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Presentation transcript:

The Treaties of the Eastern Shawnee Tribe Prof. Robert J. Miller (Eastern Shawnee) Sandra Day O’Connor College of Law Arizona State University, Phoenix Arizona

Johnson v. McIntosh, 21 U.S. 543 (1823). Country settled on Discovery & Conquest Discovery limited tribal real property rights Discovery limited tribal sovereign rights

Royal Proclamation of 1763 Delineated the boundaries of tribal lands as west of the crest of the Appalachia Mts. Colonists were not to enter this area or purchase lands without Royal permission European treaties with tribal nations 1530s- Colonial and state treaties US/Indian treaties 1778-1789 & 1789-1871

NW Ordinance of 1787 “utmost good faith shall always be observed towards the Indians; their lands & property shall never be taken from them without their consent; and in their property, rights & liberty they never shall be invaded or disturbed, unless in just and lawful wars”

COMMERCE Art. I, Section 8 “The Congress shall have Power . . . to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes . . . .”

Treaties Article VI “This Constitution, and the Laws of the United States . . . and all Treaties made, or which shall be made . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Legislative Enforcement of the Treaty Promises 1790 Act declared that “no sale of lands made by any Indians, or any nation or tribe of Indians within the United States, shall be valid to any person or persons, or to any state . . . unless the same shall be made and duly executed at some public treaty, held under the authority of the United States.”

The Status of Indian Treaties in United States Law 375 treaties with tribes between 1778-1871 Treaties are contracts between nations United States v. Winans (1905) (reserved rights)