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Workshop 3 - Indian Treaties - Research You Can Do with the Indigenous Digital Archive's Treaties Explorer -- DigiTreaties.org - 2020 October 12

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From the workshop premiered at the launch of DigiTreaties.org 2020 October 12. Workshop 3 of 3 for the Treaties Explorer project of the Museum of Indian Arts and Culture's Indigenous Digital Archive, in sponsored partnership with the US National Archives Office of Innovation. This training session was created and presented by Professor Sherri Thomas (Taos Pueblo and Black), Professor of Law Librarianship of University of New Mexico Law School, for the Museum of Indian Arts and Culture. Video, slides, curriculum, and more resources are available at DigiTreaties.org

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Workshop 3 - Indian Treaties - Research You Can Do with the Indigenous Digital Archive's Treaties Explorer -- DigiTreaties.org - 2020 October 12

  1. 1. https://digitreaties.org/ Slides in this presentation are part of a recorded presentation available at the about website.
  2. 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. 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. 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. 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
  6. 6.  Inherent right to or power to govern in a specific jurisdiction.  People  Land
  7. 7.  Sovereignty expressed through the lens of an individual tribal entity’s history and culture
  8. 8. 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
  9. 9. 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.
  10. 10.  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
  11. 11.  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
  12. 12.  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.
  13. 13.  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
  14. 14.  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.
  15. 15.  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
  16. 16. Link to full presentation
  17. 17.  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
  18. 18.  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
  19. 19. https://digitreaties.org/
  20. 20.  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
  21. 21. https://digitreaties.org/

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