Indian Land Tenure Curriculum > 3-5 Curriculum > Standard 2 > Lesson 4

Achievement Goal: Discuss what treaties are and why they were made between Indian tribes and the US Government.

Time: Two class periods

Core: History, Civics/Government

Originally, treaties were made to reduce animosities between settler governments and tribes, delimit non-native settlement, or to establish relations of trade, peace and war. As the story of the Two-Row Wampum belt reveals in this lesson, tribes were concerned with continuing their existence as an independent self-governing people. Gradually, however, as non-natives became much more numerous and gained military advantages over Indians, treaties became a means by which tribes attempted to retain portions of their original territories or self-governance in the face of an overwhelming number of settlers and soldiers encroaching on their lands.

Today, treaties have a legacy that is both tragic and a source of hope. Most treaties were broken or violated in one way or another by the US Government, resulting in massive losses of land that were set originally aside for the exclusive use and occupancy of native people. In addition to the attendant problems land loss created for tribes, the promise of food, goods, services, and payments were not always delivered as specified in the treaty. New non-native settlements were allowed on Indian lands even before the ink had dried on some treaties. Generally, Native people were at a disadvantage in the treaty-making process due to the fact that the treaties were almost always set down in English and because the only recourse tribes had to uphold the treaty was through non-native legal systems.

On the other hand, treaties are very important in modern times. Many treaties today protect tribes and support the fact that tribes are sovereign governments and have certain rights, such as the right to hunt and fish on ceded lands. However, for tribes to realize the powers the treaty gives them, tribal members must become familiar with treaties and ways of protecting the tribal community.

Preparation:

• Review the Two-Row Wampum lesson plan at PBS’s website, http://www.pbs.org/warrior/content/modules/tworow.pdf. (This document is in PDF format).
• Have something that you know the children in the class will value, such as a bowl of M&Ms, nuts, or jelly beans, stickers, potted flowers, or popular toys. These items will be the items for which the children will be making a treaty.
• Using the blank treaty PDF document on this site, prepare a blank treaty on legal size paper. Include a title, a place for the date and a blank spot for the students to write on. Draw a vertical line to form two columns – one titled U.S. government, and the other the name of the tribe you select to be represented.

Student Activity:

• Discuss the concept of treaties with the students. Treaties became the legal basis used by the U.S. government to acquire and change ownership of lands originally occupied by American Indian peoples.
• Discuss the story of the Two-Row Wampum belt with the students. Read to them G. Peter Jemison’s quote at the beginning of the lesson. Explain to the children that treaties were, at first, agreements between tribes and non-native to co-exist. Ask the children to think out loud about the meaning of the belt.
• Interpret the treaty found in (2) below for the students. Note the opening statement that mentions the imminent loss of hunting. Why would hunting no longer be available to the Indians? Compare this treaty to the one made with the Makah found at (3). Read in particular Article 4 of the Makah treaty. Emphasize that all treaties are different and it is important to pay attention to the treaties.
• Divide the students into two groups.
• One group will represent the U.S. government. This group will select one person as a spokesperson and one person as a scribe.
• The other group will represent tribal people. This group will select two people as spokespeople.
• The students will role-play a treaty-signing between the two above groups. The teacher will speak with each group separately to give them clues regarding their roles.
• U.S. Government group:
  
• The students will work as a team and decide what they would like to offer the tribe in exchange for the items of value. Ideas include CD’s, hats, jewelry or other items of interest to their age group. Or, suggest to the Government group that they make promises to share the items for which they are negotiating with the tribal members.
• Once they have determined what items, goods or payment the government group will offer, ask the scribe to prepare a treaty on the legal paper. However, ask the scribe to use shapes that ‘look’ like letters, but actually are not. When finished have them roll it up.
• When presenting the treaty, the spokesman will “tell” the tribe what the treaty says and what they would like to give in exchange for the items of value.
• They will give the treaty to the tribe and ask if it looks o.k. They will also tell the tribe to carefully read the treaty. The tribe will realize they cannot read it. Have the U.S. spokesman assure the tribe that the treaty says just what they were told.
• When the tribe asks for the goods promised them in the treaty, this group will tell them they will get them later.
• If the negotiations break down, the teacher can step in and warn the tribal group that he or she is siding with the government group, and will take away the valuable items if the tribal group does not agree to make the treaty.
  
• Tribal Group:

• As the U.S. government group is working on the treaty, have the tribal group discuss the items for which they are making the treaty. For example, if you have chosen to have them negotiate over the potted flowers, the tribal group can name the plant, talk about how much water it needs, how much light it needs etc.
• When this group is told what the treaty promises in exchange for the items, they will discuss the offer. Some students should oppose it, but in the end, it will be accepted and signed.
• After the items are given to the U.S. government, this group will ask for the goods promised them in the treaty.

• When the treaty is finished, call a meeting of the two groups. Have them sit on opposite sides of the room. They can sit on the floor, or you may wish to have a table they can sit on opposite sides of. The students will role-play the signing of the treaty, using the above ideas to guide them.
• After the treaty negotiation, all students will sign in their appropriate column. The items will be given to the U.S. government group.
• The role-play will end after the tribal group is told by the U.S. government group that they will get their promised goods later.
• Have the students return to their desks. Have them discuss their thoughts and feelings about the treaty enactment.

Evaluation:

• From the initial discussion about the Wampum belt, assess the student’s understanding that treaties were made because tribes wanted to remain distinct, independent communities. Observe if the children understand that the reasons for the treaties changed over time, as non-native settlers became more powerful and numerous.
• From the discussion of the two actual treaties, assess if the children grasp that all treaties are different.
• From the role playing and discussion afterwards, observe if the students understand the problems inherent in treaty-making during the later part of the 19th century.

Resources:

• Blank Treaty.
• Kappler’s Indian Affairs: Laws and Treaties, http://digital.library.okstate.edu/kappler/Vol2/treaties/sau0305.htm, Treaty with Sauk, Fox and other tribes.
• Kappler’s Indian Affairs: Laws and Treaties , http://digital.library.okstate.edu/kappler/Vol2/treaties/mak0682.htm#rights_and, Treaty with Makah.
• Kappler’s Indian Affairs: Laws and Treaties , http://digital.library.okstate.edu/kappler/Vol2/toc.htm