Broken Promises: How the United States Violated Over 370 Treaties With Indigenous Nations
How did it happen that the United States signed more than 370 treaties with Indigenous nations—and broke nearly every one of them?
The history of Indigenous treaties in the United States is a staggering chronicle of legal manipulation, systematic deception, and a judicial system that contradicted its own agreements.
This article unveils the fragile legal morality behind the takeover of North America.
The Paradox of Treaties: Between International Law and Colonial Reality
From the beginning, there was a fundamental misunderstanding between Indigenous and European treaty partners.
While Indigenous nations viewed treaties as living, relationship-based agreements, European colonizers perceived them as one-time land transfers.
Key Treaties and Their Fateful Violations
The Treaty of Fort Stanwix (1784) – The First Official Breach
Even before the United States ratified its Constitution, treaty violations had begun.
The Treaty of Fort Stanwix, agreed upon with the Haudenosaunee (Iroquois), was meant to establish boundaries that were ignored almost immediately.
What was promised vs. what happened:
- Promised: Fixed boundaries, no further settlement
- Reality: Settlers crossed the lines immediately
- Legal maneuver: The U.S. government claimed it could not control settlers
The Treaty of Fort Laramie (1851) – The Great Misunderstanding
This treaty defined, for the first time, the territories of the Plains Nations.
The core problem: cultural mistranslation and deliberate manipulation.
Critical differences in understanding:
- U.S. understanding: Land cession and fixed borders
- Indigenous understanding: Shared land use and peaceful coexistence
- Language barriers: Key terms were mistranslated
- Oral vs. written culture: Different concepts of binding agreement
The Treaty of Fort Laramie (1868) – A Sacred Promise Broken
This treaty guaranteed the Lakota the Black Hills “for all time.”
But when gold was discovered in 1874, the treaty became worthless in the eyes of the U.S. government.
The systematic violation:
- 1874: Gold found in the Black Hills
- 1875: U.S. demands the sale of the Black Hills
- 1876: War begins after the Lakota refuse
- 1877: Congress seizes the Black Hills — without a treaty
Legal Mechanisms Behind the Violations
The Doctrine of Discovery – The Racist Foundation
This 15th-century legal doctrine declared that Christian nations had the right to claim lands inhabited by non-Christians.
Its effects:
- Dehumanization of Indigenous peoples as “heathen savages”
- Justification of land seizure without consent
- Still referenced in U.S. law (Johnson v. M’Intosh, 1823)
The Plenary Power Doctrine – Congress Above All Treaties
The U.S. Congress declared itself the supreme authority over Indigenous nations—even though treaties recognized them as sovereign entities.
Consequences:
- Congress could unilaterally void treaties
- Indigenous nations had no legal recourse
- A clear violation of international law
The “Trust Responsibility” Deception
The U.S. positioned itself as the “trustee” of Indigenous interests—yet often acted against them.
How the deception worked:
- Land was taken into “trust” to supposedly protect it
- Then used for resource extraction or settlement
- Indigenous peoples were portrayed as “incapable” of managing their land
Landmark Court Cases That Undermined Treaty Rights
Johnson v. M’Intosh (1823) – The Beginning of the End
The Supreme Court ruled that Indigenous nations had only a “right of occupancy”, not land ownership.
Cherokee Nation v. Georgia (1831) – The “Domestic Dependent Nations” Label
Chief Justice John Marshall classified Indigenous nations as “domestic dependent nations”, stripping them of sovereign equality.
Lone Wolf v. Hitchcock (1903) – Legalizing Betrayal
The Court ruled that Congress could unilaterally break treaties, even when doing so violated earlier agreements.
The Allotment Era: Systematic Land Theft Disguised as “Reform”
The General Allotment Act of 1887 (Dawes Act) was one of the most devastating blows—presented as a benevolent measure.
How the land theft worked:
- Communal tribal land was divided into individual plots
- Many plots were lost due to taxes
- “Surplus” land was sold to white settlers
- Result: 90 million acres lost — two-thirds of all reservation land
Modern Treaty Conflicts: The Struggle Continues
United States v. Sioux Nation (1980) – Too Little, Too Late
The Supreme Court acknowledged that the seizure of the Black Hills was illegal — but offered only financial compensation, not land.
Lakota response:
“The Black Hills are not for sale. The money is blood money. We want our sacred land back.”
McGirt v. Oklahoma (2020) – A Rare Victory
In a surprising decision, the Court declared that the Muskogee (Creek) Reservation had never been legally dissolved.
Significance:
- Recognition of ongoing sovereignty
- Implications for many other tribes
- Proof that treaties still hold legal weight
The Economic Dimensions of the Violations
The material losses from treaty violations are staggering.
Examples of stolen resources:
- Black Hills: Gold worth billions
- Coal (Montana/Wyoming): Largest coal reserves in the U.S.
- Uranium (Navajo Nation): Essential for the U.S. nuclear program
- Water rights: Critical for survival
International Law: What the U.S. Ignored
Under international law, the treaty violations are clear breaches.
Key principles of international law:
- Pacta sunt servanda: Treaties must be honored
- Sovereign equality of all nations
- Right to self-determination
- Free, prior, and informed consent