United States · Statutes at Large · Volume VII

Treaties Between the United States
and the Indian Tribes

1778 – 1845  ·  Edited by Richard Peters, Esq.
Instruments60
Date Range1778–1845
Nations50+
Source7 Stat. (1846)
ReprintedDennis & Co., 1962
Before You Read

What You Are Looking At

This volume is the official federal compilation of 175 instruments executed between the United States and Indian nations between 1778 and 1845. It was assembled by Richard Peters and published as Volume VII of the U.S. Statutes at Large in 1846. Every instrument in it carries the same legal standing as any other federal statute. The Constitution, Article VI, Clause 2 makes treaties the supreme law of the land — equal in force to the Constitution itself, superior to any state law.

These are not historical curiosities. They are active law. Federal courts still cite them. Land titles still turn on them. Tribal governance authority still derives from them. When you read the words on these pages, you are reading operative legal instruments that have never been repealed.

What Peters compiled here is a record of a specific legal technology: the treaty relationship between the United States and the Indian nations. That technology had a defined beginning — the first instrument in this volume, the Delaware treaty of September 17, 1778, was executed during the Revolutionary War, before the Constitution existed. It had a defined end — Congress unilaterally terminated the treaty-making power by statute in 1871, without the consent of any Indian nation, and without extinguishing any existing treaty obligation.

Between those dates, the United States executed what it called treaties with dozens of distinct political communities. Peters' prefatory section — the General Principles drawn from Marshall Court opinions — makes clear what the legal architecture was supposed to be. The actual treaty texts make clear what happened to it.

The Treaty Power
Under Article II of the Constitution, treaties are made by the President with the advice and consent of two-thirds of the Senate. Every instrument in this volume that was ratified went through that process. Ratification is what distinguished a binding treaty from a mere agreement — several instruments here were signed by U.S. commissioners and tribal representatives but never ratified by the Senate, which legally meant the United States was not bound by them.
The Protection Formula
Beginning with the Six Nations treaty of 1784, virtually every instrument in this volume contains a variation of the same clause: the nation acknowledges itself "under the protection of the United States and of no other sovereign whatsoever." That language did not mean what its ordinary reading suggests. It was the mechanism by which the United States asserted exclusive jurisdiction over treaty relations with that nation — cutting off the nation from any other sovereign power. Once signed, no European government could negotiate with, protect, or govern that nation. The clause gave the U.S. a monopoly on the relationship.
Indian Title
Marshall's Johnson v. McIntosh opinion (1823), excerpted in Peters' prefatory section, established that Indian nations held "right of occupancy" in their lands — not fee title. Fee title — ultimate ownership — was vested in the United States by virtue of the Doctrine of Discovery: the European legal fiction that the first Christian nation to encounter a territory acquired sovereign title to it. Indian nations could use their lands, live on them, transfer them — but only to the United States, and only through treaty cession. This is the foundational asymmetry every instrument in this volume operates within.
What "Cession" Meant
When a treaty article says a nation "cedes, relinquishes, and forever quits claim" to a territory, that is the extinguishment of Indian title. After cession, the land could be sold to private citizens by the United States. The consideration received by the nation — annuities, goods, blacksmiths, mills — was typically a fraction of the value of what was transferred and, in the removal era, was used to finance the logistics of the removal itself.
Glossary of Legal Terms → Treaty Breach Registry →
Peters' prefatory section includes extended excerpts from three Supreme Court opinions — Johnson v. McIntosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). Those opinions define the legal framework within which every instrument in this volume operates. They are worth reading before the treaties themselves.
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Early Republic
1778–1799
Post-Revolutionary treaties establishing foundational federal-tribal relations.
20 instruments
Context — 1778–1800

The United States was not yet a country when it executed its first treaty with an Indian nation. The Delaware treaty of 1778 was signed during the Revolutionary War by commissioners operating under the authority of the Continental Congress — a body that had no constitution, no ratification process, and no territory it could legally guarantee. The United States was promising land it did not control to secure a military alliance it needed to survive.

After the Constitution was ratified in 1789, the treaty relationship acquired formal legal standing. But the fundamental dynamic of the early republic period was scarcity of U.S. military capacity and the resulting need to negotiate rather than simply take. These instruments often reflect genuine bilateral negotiation — nations extracting real concessions, insisting on specific boundaries, conditioning alliance on specific U.S. obligations.

The protection formula — "under the protection of the United States and of no other sovereign whatsoever" — appears across this era. It served a specific purpose: after the Revolution, Britain, Spain, and France all maintained territorial claims and relationships with Indian nations along U.S. borders. The protection clause was the mechanism by which the U.S. legally foreclosed those relationships, asserting exclusive sovereign jurisdiction over each signatory nation's external affairs.

Note: T-0001: Delaware, 1778 — the first treaty, containing Article VI's conditional promise of territorial guarantee and congressional representation. That promise was never honored.
War of 1812 Era
1800–1814
Treaties negotiated during western expansion and the second war with Britain.
32 instruments
Context — 1800–1817

The Louisiana Purchase of 1803 doubled U.S. territory and created an immediate political problem: the United States now claimed sovereignty over vast territories occupied by nations it had no treaties with and no military capacity to displace. The treaty instrument became a tool for extending the legal framework of U.S. jurisdiction without the necessity of actual conquest.

The War of 1812 temporarily disrupted U.S. treaty-making. Post-war treaties in this period often carried punitive terms, treating former British allies as conquered parties rather than negotiating partners. The legal language shifted: earlier treaties had framed the protection relationship as mutual; post-1815 treaties increasingly framed it as the nation receiving the benefits of U.S. protection in exchange for specific obligations.

The annuity system also became more elaborate during this period. Annual payments in goods or cash, typically running 20 years, were the primary consideration in land cession treaties. These payments were administered by U.S. Indian agents whose discretion over disbursement was nearly absolute.

Note: T-0016: Greenville, 1795 — the instrument that ended the Northwest Indian War and opened the Ohio valley to U.S. settlement. The most consequential single instrument in the early corpus.
T-00211801-10-24
Treaty with the Chickasaws, 1801
T-00221801-12-17
Treaty with the Choctaws (Fort Adams), 1801
T-00231802-06-16
Treaty with the Creeks (Fort Wilkinson), 1802
T-00241802-06-30
Indenture with the Senecas, 1802
T-00251802-06-30
Treaty with the Senecas, 1802
T-00261802-10-17
Provisional Convention with the Choctaws, 1802
T-00271803-06-07
Treaty with the Delawares, etc. (Vincennes), 1803
T-00281803-08-07
Relinquishment by Eel-Rivers, etc., 1803
T-00291803-08-13
Treaty with the Kaskaskias, 1803
T-00301803-08-31
Treaty with the Choctaws, 1803
Hoe Buckintoopa
T-00311804-08-18
Treaty with the Delawares, 1804
T-00321804-08-27
Treaty with the Piankeshaws, 1804
Vincennes
T-00331804-11-03
Treaty with the Sacs and Foxes, 1804
Vin- cennes in
T-00341805-07-04
Treaty with the Wyandots, etc., July 4, 1805
Saint Louis
T-00351805-07-23
Treaty with the Chickasaws, 1805
T-00361805-08-21
Treaty with the Delawares, etc. (Grouseland), 1805
T-00371805-10-25
Treaty with the Cherokees, Oct. 25, 1805
T-00381805-10-27
Treaty with the Cherokees, Oct. 27, 1805
Grouseland
T-00391805-11-14
Convention with the Creeks, Nov. 14, 1805
Tellico
T-00401805-11-16
Treaty with the Choctaws, Nov. 16, 1805
Tellico
T-00411805-12-30
Treaty with the Piankeshaws, Dec. 30, 1805
T-00421806-01-07
Convention with the Cherokees, Jan. 7, 1806
T-00431807-09-11
Elucidation of Cherokee Convention, 1807
T-00441807-11-17
Treaty with Ottawas, etc., Nov. 17, 1807
T-00451808-11-10
Treaty with the Great and Little Osages, 1808
T-00461808-11-25
Treaty with Chippewas, etc., Nov. 25, 1808
Vincennes
T-00471809-09-30
Treaty with Delawares, etc., Sept. 30, 1809
T-00481809-09-30
Separate Article with Miamies and Eel-Rivers, 1809
T-00491809-10-26
Convention with the Weas, Oct. 26, 1809
T-00501809-12-09
Treaty with the Kickapoos, Dec. 9, 1809
Detroit
T-00511814-07-22
Treaty with Wyandots, etc., July 22, 1814
Detroit
T-00521814-08-09
Articles of Agreement with the Creeks, 1814
Fort Clark
Expansion Era
1815–1829
Rapid post-war treaty-making as settlement pushed into the Ohio Valley and Great Plains.
8 instruments
Context — 1817–1829

By 1817, U.S. military capacity had surpassed that of most eastern Indian nations. The character of treaty negotiation shifted accordingly. Nations that had been able to insist on specific terms in the 1780s were now operating under explicit military pressure. The word "treaty" still appeared at the top of the instruments, but the bilateral character of the process was increasingly formal rather than substantive.

This period saw the introduction of the individual allotment mechanism — treaty articles granting specific parcels to named individuals, often mixed-race residents or interpreters who had influence with tribal leadership. Allotment articles were a mechanism for fragmenting communal land title and creating a class of individual landholders who could be pressured or purchased out.

The annuity consideration also began to shift from goods and services to cash payments, which were more easily captured by traders who extended credit to tribal members against future annuity receipts.

Note: Cherokee, Choctaw, and Creek cession treaties of this period — the legal groundwork laid here made the Removal Act of 1830 administratively executable.
Removal Era
1829–1837
Forced removal treaties and the collapse of consensual treaty-making.
Context — 1829–1837

The Indian Removal Act of 1830 authorized the President to negotiate removal treaties with Indian nations east of the Mississippi. The Act did not authorize forced removal — it authorized negotiation. What followed was not negotiation.

The instruments in this period are legally and factually distinct from those that came before. The instruments called treaties were often executed with minority factions, disputed delegations, or under conditions of direct military coercion, then presented to the Senate as consensual agreements of the entire nation.

The Choctaw Dancing Rabbit Creek treaty of 1830 is the first removal treaty and contains provisions that read as genuine concessions — explicit guarantees of self-governance, protection from state law, and perpetual territorial security west of the Mississippi. None of those provisions were ultimately honored.

By the Cherokee New Echota treaty of 1835, the U.S. negotiated with a faction of approximately 300 to 500 people — out of a nation of 17,000 — and in the preamble explicitly stated that those who did not attend the council were deemed to have given their "assent and sanction" to whatever was agreed. Principal Chief John Ross, who represented the elected leadership of the Cherokee Nation, was in Washington during those proceedings. The Senate ratified New Echota by a margin of one vote.

Note: Choctaw 1830 (Dancing Rabbit Creek) and Cherokee 1835 (New Echota) — together the legal mechanism and the terminus of what the treaty relationship was supposed to be.
Instruments from this era are in preparation. The source volume covers these treaties in full — digitization of this section is in progress.
Pre-Civil War
1837–1845
Administrative supplements and the final instruments before the 1871 termination of treaty-making.
Context — 1837–1845

The instruments in the final period of this volume are largely administrative — supplemental articles, boundary corrections, and annuity modifications attached to existing removal treaties. The major eastern removal was complete by the late 1830s.

The treaty relationship itself ended in 1871, when Congress attached a rider to an appropriations bill that prohibited the United States from entering into any further treaties with Indian nations. Existing treaties remained in force — and remain in force — but no new ones could be made. The rider did not go through the treaty process. It required no Indian consent. It was not submitted to any Indian nation for review. Congress declared the treaty relationship over, unilaterally, by statute.

Note: 25 U.S.C. § 71 (1871 rider) — the legal terminus of everything in this volume. It did not extinguish any existing obligation. It declared that no new ones would be created.
Instruments from this era are in preparation. The source volume covers these treaties in full — digitization of this section is in progress.