Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
History: Pre-Contact - 1830
Dr. Jeffrey D. Burnette
Department of Economics
Native American Future Stewards Program
Rochester Institute of Technology
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Native People Tied to the Land
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Names of Tribes “The People ...”
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Production skills often region specific
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Individuals don’t own land
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Native Communities
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Democratic Government
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Status of Women
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Extensive Trade Networks
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Commodities used as currency
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Reciprocity
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Declining Native Population
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Native population decimated
(Estimates of 4-12 million at time of contact, less than 200,000 by 1800s)
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European outnumbers Native population by mid 1700s.
Diseases often arrived before colonists
Empty villages are viewed as gift from God by pilgrims
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Evolution of Legal Rights
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The Rule of Discovery
http://tm112.community.uaf.edu/unit-1/discovery/
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Treaty Making
http://tm112.community.uaf.edu/unit-1/treaties/
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Abolition of Treaty Making, March 3, 1871 pp. 135
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Why Treaties?
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Emperor of Spain - Consulted Catholic Church official
Francisco de Victoria
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Victoria, decided that Natives were the true owners of the land
as a consequence Spain could not obtain title via discovery. In
addition, “So long as the Indians respected the natural rights
of the Spaniards, recognized by the law of nations, to travel in
their lands and to sojourn, trade, and defend their rights
therein, the Spaniards could not wage a just war against the
Indians and therefore could not claim any rights by conquest”
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Why Treaties?
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Emperor of Spain - Consulted Catholic Church official
Francisco de Victoria
U.S. Continued Policy Until Johnson v. McIntosh 1823
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Chief Justice John Marshall decided:
1. Discovery was a recognized method for obtaining title to
Native Land that trumped Indian’s title to land as their right
to the land was merely that of occupation.
2. Native nations to be “domestic dependent nations” and
subject to the guardianship of the federal government. As
such, they were a legitimate legal and political entity with the
right to self-governance and the ability to engage in legal and
political relations with the federal, state and local
governments but not quite “foreign nations” which had the
right of full sovereignty.
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Extensive Trade/Alliances
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French formed Alliances with the Algonquian and Huron
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British formed Alliances with the Haudenosaunee (Iroquois)
Confederacy, Choctaw and Chickasaw
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During 1740’s roughly 100,000 deerskins exported annually
from what is now South Carolina
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Indian Territory provided protection from other European
powers and competition for trade goods
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
New Technology Introduced
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Introduction of metal
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Introduction of the horse
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Introduction of farm animals
The Cotton Gin (1793)
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Southern lands more productive in cotton production
Increased demand for Souther land
Brought about removal of “The Five Civilized Tribes”
(Chickasaw, Creek, Cherokee, Choctaw and Seminole)
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Demand for Land by Colonies/US
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Population growth of Europeans
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Europeans have God given right to develop land merely
Occupying “vacant” land
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British declare land between Appalachian Mountains and Ohio
River to be an Indian Reservation in 1774
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British restriction of westward expansion beyond Appalachian
Mountains cited as grievience in Declaration of Independence
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Key Treaties Concerning Land Acquisition
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Treaty of Paris 1783
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British cede land east of Mississippi to the United States
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Key Treaties Concerning Land Acquisition
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Treaty of Paris 1783
Treaty of Greenville 1795
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Indian Tribes cede Ohio Valley to the United States
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Key Treaties Concerning Land Acquisition
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Treaty of Paris 1783
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Treaty of Greenville 1795
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Louisiana Purchase 1803
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Key Treaties Concerning Land Acquisition
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Treaty of Paris 1783
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Treaty of Greenville 1795
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Louisiana Purchase 1803
Treaty of Fort Wayne 1809
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Chiefs sell parts of Indiana to the United States
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Key Treaties Concerning Land Acquisition
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Treaty of Paris 1783
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Treaty of Greenville 1795
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Louisiana Purchase 1803
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Treaty of Fort Wayne 1809
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Florida acquisition 1819
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Assimilation of Native People
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Formation of Praying Towns
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Assimilation of Native People
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Formation of Praying Towns
Factory System 1795 - 1822
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Trading posts established to control trade with Indians
Indians traded raw goods for finished goods
Depleted the population of fur-bearing mammals
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Assimilation of Native People
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Formation of Praying Towns
Factory System 1795 - 1822
Intercourse Acts 1790-1802, 1834
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Established Indian Country
“Be it enacted, that all of that part of the United States west
of the Mississippi, and not within the States of Missouri and
Louisiana, or the Territory of Arkansas, and also that part of
the United States east of the Mississippi River, and not within
any State to which the Indian title has not been extinguished,
for the purposes of this act, be taken and deemed Indian
country.”
Only licensed traders allowed to conduct business with Indians
Federal government had exclusive rights to purchase Indian
territory
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Assimilation of Native People
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Formation of Praying Towns
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Factory System 1795 - 1822
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Intercourse Acts 1790-1802, 1834
Civilization Fund Act of 1819
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Designed to “civilize” Indian tribes adjoining frontier
settlements. It provided funding for the President of the
United States to “...employ capable persons of good moral
character...” to instruct Indians “...in the mode of agriculture
suited to their situation; and for teaching their children in
reading, writing, and arithmetic...”
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Assimilation of Native People
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Formation of Praying Towns
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Factory System 1795 - 1822
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Intercourse Acts 1790-1802, 1834
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Civilization Fund Act of 1819
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Assimilated Indians rejected
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Evolution of Colonist-Native Relationship
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Immunity/Protection from Natives
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Co-existence
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Colonial Imperialism
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
North America 1780
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
North America 1812
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830
Pre-Contact
Discovery, Conquest, and Treaty Making (1532-1828)
Key Documents/Legislation Discovery, Conquest, and
Treaty Making (1532 - 1828)
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Treaty with the Six Nations, October 22, 1784 pp.4
Establishment of the War Department, August 7, 1789 pp. 13
Trade and Intercourse Act, July 22, 1790 pp. 14
President Washington on Government Trading Houses, December 3, 1793 pp. 16
Establishment of Government Trading Houses, April 18, 1796 pp. 16
President Jefferson On Indian Trading Houses, January 18, 1803 pp. 21
Civilization Fund Act, March 3, 1819 pp. 33
Abolition of the Government Trading Houses, May 6, 1822 pp. 33
Johnson and Graham’s Lessee v. WIlliam McIntosh, 1823 pp. 35
Creation of a Bureau of Indian Affairs in the War Department, March 11, 1824 pp. 37
Dr. Jeffrey D. Burnette
History: Pre-Contact - 1830