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"A treaty is not a grant of rights to the Indians, but a grant of rights from them" What does this mean?

User Ehsan Kia
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Final answer:

Treaties were agreements where Native American tribes ceded land and rights to the U.S., with promises of certain protections that were often unfulfilled, leading to significant rights abuses and loss of traditional ways of life for Indigenous peoples.

Step-by-step explanation:

The phrase "A treaty is not a grant of rights to the Indians, but a grant of rights from them" suggests that treaties between the U.S. government and Native American tribes were not acts of the government bestowing rights upon tribes, but rather, were agreements where tribes ceded land and sovereignty to the U.S. in return for guarantees to certain rights and provisions. During the periods between 1795-1864, Michigan tribes, for example, negotiated treaties under various pressures and often did not agree with the terms. Forced removal was a threat for many tribes who did not agree to treaties, and they risked losing their land and future security for their communities.

Throughout history, the U.S. government has not honored the majority of these treaties, leading to losses of land, income, and traditional ways of life for Indigenous peoples. The Indian Act of 1876 further asserted control over Native American tribes, but modern policies like the Inherent Right to Self-Government Policy allow for a legal framework for tribes to negotiate claims. Tribes have had to spend vast amounts of resources and time to have their rights upheld, such as the Little Traverse Bay Bands of Odawa, who had to fight for 158 years to have their federally recognized status reaffirmed.

Today, although the sovereignty of Native American tribes is recognized by the federal government, historical treaties' violations and the subsequent redefinition of Native Americans' status as "dependent wards" have resulted in significant civil rights abuses against Native Americans.

User M Abubaker Majeed
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