Contractual Agreements Quotes
Indian treaties had legal problems from the beginning of the nation. An agreement had been made at Fort Harmar with 6 Indian nations. One man signed for the United States and several of the sachems, for the Indians. President Washington reported this to the Senate and there was much confusion as to how to proceed. Typically, agents for nations negotiated a treaty but it would not be binding until each ratified it. To the Indians this was not a familiar practice. In this case, the treaty was approved for ratification by the Senate, but what kind of ratification was to be required of the Indians? The Iroquois Indian tribes had formal, methods of reaching consensus, but other nations did not. Whites sometimes reneged on later treaties on the grounds that they were not ratified by the Indian nations. In others, the Indians themselves made the same claim and challenged the right of the Indian treaty signers to speak for the tribe or nation. The problem has never been resolved.
