U.S. Treaty With Navajo Native

U.S. Treaty with Navajo Native Americans

The Treaty Between the United States and the Navajo Tribe of Indians

Although it is fair to say that most of the treaties created between the United States government and the former rulers of the Americas, the native tribes, were inequitable and favored the interests of the American government rather than the native populace, it would be unfair to say that all of them were equally inequitable. For example, the 1863 Treaty Between the United States and the Navajo Tribe of Indians showed more consideration for the native tribes on reservations, giving them land and the watchful oversight of a commissioner to protect the members of the tribe against injustices. This is in profound contrast to the earlier 1863 United States Treaty with the Western Shoshone, which made the concessions supposedly granted by the American government entirely upon the good will of the President. Specific provisions were not detailed in the language of the treaty and it called the members of the native tribes 'bad' (i.e. savages), rather than equal negotiating parties. Its language was formulaic, rather than took into consideration the unique nature of the tribe and its rights.

Formulaic treaties were often called 'boilerplate treaties.' In the case of these so-called boilerplate treaties between Native Americans and whites, the treaties were not specifically negotiated, provision by provision. Rather the final language of the treaties reflected, not a mutual agreement between whites and Indian natives, but efforts by whites to make Indians sign a prepared text (Harring 252). When this was done repeatedly in certain instances, such as between the British Crown and Canadian native Americans, the efficient British civil service even developed 'numbers' that referred to the standardized government documents. Not only was the language of such boilerplate treaties inflexible and designed to confuse the native signers, in many instances it was blatantly offensive to native culture, and reflected the views of whites that natives were violent savages.

This can be seen in the language of the infamous boilerplate treaty known as the United States Treaty with the Western Shoshone, signed October 1, 1863. Statute 2 treats that "the several routes of travel through the Shoshonee country, now or hereafter used by white men, shall be forever free, and unobstructed by the said bands, for the use of the government of the United States, and of all emigrants and travelers under its authority and protection, without molestation or injury from them. And if depredations are at any time committed by bad men of their [Indian] nation, the offenders shall be immediately taken and delivered up to the proper officers of the United States, to be punished as their offences shall deserve; and the safety of all travelers passing peaceably over either of said routes is hereby guarantied by said bands." Note how native sovereignty to punish violators is taken away from the tribe, as well as the language of 'badness.'

Also, the Native Americans agreeing to the treaty are referred to as 'bands,' as if they are literally bandits, not members of tribes protecting their territory from invasion, as would be the case if the British similarly imposed themselves upon the American nation and freely trafficked through American sovereign territory. Article 4 even contains the shockingly intrusive provision: "It is further agreed by the parties hereto, that the Shoshonee country may be explored and prospected for gold and silver, or other minerals; and when mines are discovered, they may be worked, and mining and agricultural settlements formed, and ranches established whenever they may be required. Mills may be erected and timber taken for their use, as also for building and other purposes in any part of the country claimed by said bands." In short, the whites may openly exploit the natural resources of native land. The American President is given absolute rights to confine the tribe to reservations in Article 6: "The said bands agree that whenever the President of the United States shall deem it expedient for them to abandon the roaming life, which, they now lead, and become herdsmen or agriculturalists, he is hereby authorized to make such reservations for their use as he may deem necessary within the country above described; and they do also hereby agree to remove their camps to such reservations as he may indicate, and to reside and remain therein." The native roaming life is effectively ended, a kind of cultural imposition (some might even say genocide) of the natural life of the native signers of the treaty.

In contrast, the Treaty Between the United States and the Navajo Tribe of Indians contains far more positive language about native peoples. It concedes that 'bad men' amongst whites exist as well as natives: "From this day forward all war between the parties to this agreement shall for ever cease. The government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace and they now pledge their honor to keep it." It notes that "If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also to reimburse the injured persons for the loss sustained" by the crime (I).

The exchange of goodwill is also marked by an exchange of promises. It is not simply the Indians who must give back tolerance, land, and natural resources to the whites, but the Navajo treaty upholds the responsibilities of the American government to the natives: "The United States agrees to cause to be built at some point within said reservation, where timber and water may be convenient, the following buildings: a warehouse, to cost not exceeding twenty-five hundred dollars; an agency building for the residence of the agent, not to cost exceeding three thousand dollars; a carpenter shop and blacksmith shop, not to cost exceeding one thousand dollars each; and a school-house and chapel, so soon as a sufficient number of children can be induced to attend" (II). The Navajo Treaty also creates an office, that of an agent that will live amongst the Navajo and report any abuses to Commissioner of Indian Affairs. This suggests a far more protective attitude on the part of the American government.