Treaties between the federal government and American Indian tribes set out the duties and responsibilities that the federal government owes to a particular tribe. Treaties can cover issues such as land boundaries, hunting and fishing rights, and guarantees of peace. Hundreds of treaties were entered into between tribes and the United States between 1778 and 1871. Consistent with art. II, sec. 2, cl. 2 of the United States Constitution, these treaties were made between the tribes and the executive branch, with the advice and consent of the Senate.
American Indian treaties from this era can normally be found in two main resources: Charles Kappler’s Indian Affairs: Laws and Treaties (Kappler's) and the United States Statutes at Large. Kappler’s is a seven-volume compilation of treaties, statutes, and executive documents related to American Indian tribes. Treaties and agreements between the United States and tribes are organized chronologically in volume 2. Oklahoma State University External has made a fully digitized edition of Kappler’s available online. Researchers who are looking for more recent agreements with American Indian tribes should also review Documents in American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775-1979. This title includes the full text of some treaties omitted from Kappler's, along with treaties made with tribes during the Revolutionary War, unratified treaties between the United States and Indian nations, and other useful materials.
Volume 7 of the Statutes at Large contains treaties from 1778 to 1845. Researchers can find treaties signed after 1845 by looking at the end of each volume in the Statutes at Large, through volume 16. A listing of treaties, indexed by tribe, is printed in the table of contents at the beginning of each relevant Statutes at Large volume.
In 1871, Congress enacted a law prohibiting the federal government from making new treaties with American Indian tribes. That law, however, did not invalidate or modify any “obligation of any treaty lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871.” Since 1871, federal and state governments have continued entering into contracts and agreements with tribes on multiple topics, including healthcare services, education, and economic opportunities. These agreements are generally memorialized through other sources of law, including acts of Congress, such as land claims settlement acts, and in some cases through executive orders.
The subscription resources marked with a padlock are available to researchers on-site at the Library of Congress. If you are unable to visit the Library, you may be able to access these resources through your local public or academic library.
Below you will find a list of selected legal reference materials with American Indian treaty materials from the Law Library's collection.
The following titles link to fuller bibliographic information in the Library of Congress Online Catalog. Links to additional digital content are provided when available.
Below you will find a list of selected legal reference materials relating to American Indian treaties from the Law Library's collection.
The following titles link to fuller bibliographic information in the Library of Congress Online Catalog. Links to additional digital content are provided when available.
The following resources link to freely available online resources regarding American Indian treaties.