Treaties

North American

Charles J. Kappler's Indian Affairs: Laws and Treaties - historically significant, seven volume compilation of U.S. treaties, laws and executive orders pertaining to Native American Indian tribes.

Consolidated Indigenous Shadow Report - Prepared by the International Indian Treaty Council, the report deals with how the US has treated Indigenous peoples.It was submitted to the United Nations Committee on the Elimination of Racial Discrimination in February 2008 to "shadow" an official report sent by the US to UNCERD.

Documents of American Indian diplomacy : treaties, agreements, and conventions, 1775-1979 - compiled by Vine Deloria, Jr., and Raymond J. DeMallie; with a foreword by Daniel K. Inouye. Contains hundreds of treaties and agreements made by Indian nations with Congress, England, Spain, and more. Considered to be one of the most comprehensive sources for treaties. Not available online, this document can be previewed through Google Scholar.

Early Recognized Treaties with American Indian Nations - Digitized treaties not included in the online version of Charles J. Kappler's.

Volumes I & II of the American State Papers - The American State Papers contain the legislative and executive documents of Congress during the period 1789 to 1838. The collection includes documents that cover the critical historical gap from 1789 to the printing of the first volume of the U.S. Serial Set in 1817. The books are arranged into ten topical classes or series, including Indian Affairs.

Related Case Law

United States v. Winans, 198 U.S. 371 (1905)
Tribes, by treaty, may reserve the right to hunt or fish off-reservation.

Carpenter v. Shaw, 280 U.S. 363 (1930)
Ambiguities in terms of treaties to be liberally construed in favor of the Indians and as justice and reason demand.

Tulee v. Washington, 315 U.S. 681 (1942)
Terms of treaties to be construed as tribal representatives construed them at the time of treaty-making.

Menominee Tribe v. United States, 391 U.S. 404 (1968)
Hunting and fishing treaty rights of tribal members survived termination of the tribe. The Court refused to find implied congressional intent to abrogate the treaty in the statutory language of the Termination Act.

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ArizonaNativeNet Legal Resources

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