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This depends on what period of history you are talking about, and what was promised versus was was actually done.

When the United States was founded, Indians were given specific rights in the US Constitution; IE: No Taxes, that treaties with us were considered part of the US Constitution (article 6) as we were, Separate Nations.

In reality the treaties were good for about 2 weeks (enough time to get them officially filed) - as once the US had a documented title to the land they started killing the treaty signers and anyone who complained.

By present day standards, and quoting US Federal Courts: "Everyone of the treaties signed by the United States with Indians has been violated, and one more time will not matter..." this is the sentement that leads to a great deal of hatred between Native American's and American's (as it is their government representing them in saying this).

Long before the United States or its founders were born the legal question of land ownership in the Americas was well settled (F. Victoria, 1532). Native Americans owned all the land and it could only be taken from them in one of three ways, 1) A lawful War (de jure bella) 2) By an official announcement of allegiance (uncoerced) 3) By treaty.

As an example:

Treaty of Fort Pitt, 1778:

"That perpetual peace and friendship shall henceforth take place through all succeeding generations --- for better security of the peace, all infractions of the same by the citizens of either party to the prejudice of the other, neither party shall prosecute or inflict punishment on the citizens of the other.

Whereas the enemies of the United States have endeavored, by every artifice in their power, to possess the Indians in general with an opinion, that it is the design of the [United] States aforesaid, to extirpate the Indians and take possession of their country to obviate such false suggestion, the United States do engage to guarantee to the aforesaid nation of Delawares, and their heirs, all their territorial rights in the fullest and most ample manner, as it bath been bounded by former treaties, as long as they the said Delaware nation shall abide by, and hold fast the chain of friendship now entered into. And it is further agreed on between the contracting parties should it for the future be found conducive for the mutual interest of both parties to invite any other tribes who have been friends to the interest of the United States, to join the present confederation." [sic]

This treaty was a blanket treaty intended to cover all former treaties with Native American's and European nations as well as every treaty that came after it; it lasted about 2 months.

Please note that this is only 1 of around 4,000 such treaties between the United States and Native Americans; each one made part of the US Constitution (The Supreme Law of the Land; article 6).

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14y ago
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Q: What rights and economic considerations were granted to Native Americans?
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