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Broken Promises: Treaties, Law, and the Long Struggle for Indigenous Sovereignty

  • Writer: MIP Author
    MIP Author
  • Mar 22
  • 5 min read

Updated: Mar 25

Meeting of Governor Carver and Massasoit / drawn by H.L. Stevens; eng’d. by Augustus Robin, N.Y.  Massasoit handing Governor John Carver a piece pipe [Courtesy of the Library of Congress
Meeting of Governor Carver and Massasoit / drawn by H.L. Stevens; eng’d. by Augustus Robin, N.Y.  Massasoit handing Governor John Carver a piece pipe [Courtesy of the Library of Congress, Prints and Photographs Division]

On March 22, 1621, leaders of the Plymouth colony and the Wampanoag people reached an agreement that would shape the early relationship between Native nations and English settlers in New England. Historians often point to this alliance as one of the earliest diplomatic agreements between Indigenous leaders and European colonists in what would later become the United States.


According to research highlighted by the Library of Congress, this agreement functioned much like a treaty between two governments, even though it was not written as a formal treaty in the modern legal sense. The alliance created mutual obligations: the Wampanoag and the English agreed to support one another, avoid harming each other, and maintain peace between their communities.


For a time, the agreement helped maintain a fragile peace. But it also marked the beginning of a long and complicated history of diplomacy between Native nations and colonial governments.


As European colonies expanded—and later became the United States—hundreds of treaties would be negotiated between Native nations and federal leaders. These agreements were meant to establish peace, define land boundaries, and recognize Indigenous sovereignty.

Yet many of those promises would later be ignored or broken.

Understanding how those agreements unfolded—and why so many were violated—helps explain why treaty rights, land rights, and tribal sovereignty remain important issues today.



The Doctrine of Discovery and U.S. Law


When people talk about Native American history, they often mention treaties between tribes and the United States. What many people don’t realize is just how many of those agreements were broken.


For generations, Native nations negotiated treaties with the U.S. government. These agreements were meant to establish peace, recognize land boundaries, and respect tribal sovereignty. In theory, they were agreements between governments.

But in reality, many of those promises were later ignored, changed, or simply abandoned.

Understanding how that happened helps explain why treaty rights and tribal sovereignty are still important issues today.


One of the legal ideas that shaped how the United States treated Indigenous land was the Doctrine of Discovery, a concept that originated in fifteenth-century European claims that Christian nations could take possession of lands inhabited by non-Christian peoples.

That thinking eventually became embedded in American law.


In the 1823 Supreme Court case Johnson v. M'Intosh, the Court ruled that Native nations did not legally “own” their land in the same way European settlers did. Instead, tribes were said to have only a “right of occupancy,” meaning they could live on the land but ultimate ownership belonged to the U.S. government.



Treaties Between Nations


From the early years of the United States through 1871, the federal government signed more than 350 treaties with Native nations.


These treaties were supposed to be agreements between sovereign governments. They often promised peace, protection, supplies, and reserved lands where tribes could continue living. But those promises were frequently broken.


As settlers moved west and new resources were discovered, treaty boundaries were reduced, rewritten, or ignored. Land that had been guaranteed to tribes was taken back, and many Native communities were forced to relocate.


Looking back at these treaties today shows a clear pattern: agreements were made when the government needed cooperation, but they were often abandoned when land or resources became valuable.



Common Myths About Indigenous History and Treaties


Over time, several myths have shaped how people understand Native American history. These stories often simplify or distort what actually happened. Looking more closely at them helps provide a clearer picture of the past.

Myth 1: Disease Alone Caused Indigenous Population Decline

One common belief is that Native populations declined mostly because of diseases like smallpox, which spread after contact with Europeans. Disease certainly played a major role, but it was not the only factor.


Warfare, forced labor systems, displacement, starvation, and the destruction of traditional food systems also contributed to population loss. In many places, these pressures made disease outbreaks even more devastating.

Myth 2: Indigenous Peoples “Disappeared”

Another long-standing idea is the “vanishing Indian” myth—the belief that Native peoples simply faded away over time.


In reality, Indigenous communities survived, adapted, and rebuilt despite enormous challenges. Today, hundreds of Native nations continue to maintain their languages, cultures, and governments.

Myth: 3 Treaties Were Just Historical Formalities

Some people assume treaties were symbolic agreements with little lasting importance. In fact, treaties were formal diplomatic agreements between sovereign governments.


Under the U.S. Constitution, treaties remain legally binding. Many modern court decisions about fishing rights, land use, and natural resources are based directly on treaty language written more than a century ago.

Myth 4: There Were Only a Few Native Americans in North America

Older textbooks often suggested that only a small number of Indigenous people lived in the Americas before European arrival. Modern research tells a different story.


Scholars now generally agree that tens of millions of people lived across the Americas, forming diverse nations with complex political systems, trade networks, and technologies.


There are many more but understanding these few myths helps clarify why Indigenous history cannot be reduced to simple narratives. Native nations have long histories of governance, diplomacy, and resilience that continue to shape the present.


This image shows a large group of Native American children at the Carlisle Indian Industrial School, which was founded in 1879 in Pennsylvania. This was the first off-reservation boarding school for Native American students in the United States. The school operated for nearly 30 years with the goal of forced assimilation, summarized by the phrase to "kill the Indian and save the man". Children were taken from their families and forced to give up their language, clothing, and cultural practices. The boarding school era is recognized for causing intergenerational trauma through family separation and cultural eradication.
This image shows a large group of Native American children at the Carlisle Indian Industrial School, which was founded in 1879 in Pennsylvania. This was the first off-reservation boarding school for Native American students in the United States. The school operated for nearly 30 years with the goal of forced assimilation, summarized by the phrase to "kill the Indian and save the man". Children were taken from their families and forced to give up their language, clothing, and cultural practices. The boarding school era is recognized for causing intergenerational trauma through family separation and cultural eradication.

Documents That Help Tell the "Broken Promises" Story


Historical records give us a clearer picture of how these agreements unfolded.

Some of the materials that help tell this story include:

  • Treaty documents and government records

  • Peace medals given to tribal leaders during negotiations

  • Military items connected to conflicts and resistance

  • Historic photographs of tribal leaders and treaty councils


Together, these materials help us see the human side of these negotiations—the leaders who tried to defend their communities and the promises that shaped the future of Indigenous nations.



Why Treaty History Still Matters


Even though many treaties were signed more than a century ago, they are still legally important today.


Under the U.S. Constitution, treaties are considered binding agreements between governments. That means many of the rights promised in those treaties are still recognized in law.


Today, treaty rights continue to influence court cases, environmental debates, and discussions about tribal sovereignty and land rights.

For Native nations, treaties are not just historical documents. They are agreements that were meant to protect land, culture, and self-governance—and the conversation about honoring those promises is still ongoing.


Sources & Resources

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