1. https://digitreaties.org/
Slides in this presentation are part
of a recorded presentation
available at the about website.

2. Session 3 of 3 – October 12, 2020
Sherri Nicole Thomas
Associate Dean of Institutional Climate and Equity
Library Assistant Director
Professor of Law Librarianship
University of New Mexico School of Law

3.  December 10, 2019 – Treaties – What are they?
 Session 1 defines what treaties represent and what they are
designed for in the global context, and then focusing in on
the significant structuring of Indian treaties in the United
States.
 December 11, 2019 – Indian Treaties – History
 Continuing to build on the foundation of the previous
session, Session 2 gives historical context to the relationship
between the United States Government and Tribal Nations,
and the role of Indian treaties in that relationship
 October 12, 2020– Conducting Research with the Treaties
Explorer Web Portal: https://digitreaties.org/
 Session 3 provides guidance and instruction on using the
Indigenous Digital Archive for treaty research

4.  Review of Federal Indian Law and Indian Treaties
 Scope of the Indigenous Digital Archive (IDA) Treaties
Explorer Portal: https://digitreaties.org/
 Conducting Research with the IDA Treaties Explorer
 Useful Definitions
 Website Layout
 How to Search

5.  After the session, the audience should:
 Understand the content scope of the IDA Treaties
Explorer Portal
 Understand the impact of access to scans of original
historical documents
 Be able to conduct research within the scope of the IDA
Treaties Explorer Portal

8.  Inherent right to or power to govern in
a specific jurisdiction.
 People
 Land

9.  Sovereignty expressed through the lens of an
individual tribal entity’s history and culture

10. Federal Indian Law
 The law governing the
relationships between
federally recognized
tribes/entities and all
others.
 The internal law of
federally recognized
tribes and entities.
Tribal Law

11. Treaty Period*
1778 - 1871
Time
Immemorial Posterity
Colonial Period
1460 - 1820
Indian Removal
1820 -1846
Reservation Period
1850-1887
Allotment and
Assimilation
1887 -1934
Indian Reorganization
1934 - 1953
Termination and
Relocation
1953 - 1968
Self- Determination
1968 - ???
*Treaties were still being created after these dates, but this is the time period where most of them were being negotiated and ratified.

12.  Federally Recognized Tribes
 Extra-Constitutional
 Federal Trust Relationship
 Plenary Authority of Congress
 Role of the Executive Branch
 Role of the Judicial Branch
 Ratified Treaties are Equivalent to Federal
Statutes

13.  200+ Treaties are still in effect
 Congress still has plenary power
 Tribes are more vigilant and active lobbyists
 Federal statutes have taken the place of treaties:
 No longer sovereign to sovereign
 Disputes are resolved in U.S. Federal Courts
 Federal statutes can abrogate treaties
 Trust Relationship

15.  Attribution – Source of information or photo
 Cession – Land “ownership” is “ceded” or transferred
from one party to another, usually by treaty.
 Cession Lists – Lands identified to be ceded or reserved.
 Executive Orders – Power used by the United States
Executive/Administrative Branch to execute or enforce
laws, including management of administrative
resources or staff.

16.  Historical – Used in relationship to Tribal names.
 The names in these treaties are those given by the
United States government officials and how the
government identified individual indigenous groups.
 Most often terms like Eastern, Southern, Western and
Northern were added to names in relationship to bodies
of water or mountain ranges.
 Modern – Used in relationship to Tribal names.
 Taken from Indian Entities Recognized by and
Eligible To Receive Services From the United States
Bureau of Indian Affairs

17.  Statutes at Large – Official chronological compilation
of United States enacted laws. “Snapshot in time” of
language used when passed, with no reference to past
or current laws. Includes enacted treaties, private
laws, appropriations, and generally applicable laws.
 Citations listed in cession lists consist of a volume
number and a page number.

18.  Time Period: 1772 to 1930
 Focuses on treaties between the United States and
Indigenous People
 Original Scans of Different Document Types
 374 Treaties
 Other Treaty Related Documents
 Cession Lists
 Maps of Land Areas Transferred
 Coverage of land area does not include all of the United
States

19. Link to full presentation

20.  Keep a log of the following information:
 What type of information/document you begin
searching for
 Where you have looked
 What you have found
 Assessment of what you need or where you need to go
next

21.  Information to Update Your Findings
 Key Information: Document Type, Document Name, Date,
Tribe Name and Spelling, Citations, and Brief Description
 Set up your search tabs!
 Statutes at Large
 Executive Orders
 Information that you tracked
 Specific Dates, Document Type, Citation Information,
Description

22. https://digitreaties.org/

23.  Treaties – Search in Title Field
 Cessions – References Executive Orders and Statutes at
Large Citations
 Tribes – Uses Federally Recognized Names
 Places – Use zip code or search by state

24. https://digitreaties.org/