Kara Sears
The study of the relationship between the US government and American Indian tribes has been a subject of national interest for over two centuries. Charles J. Kappler is known for his compilation of treaties, statutes, and executive documents related to American Indian tribes, titled Indian Affairs: Laws and Treaties. Kappler was a lifelong resident of Washington, DC, and served as a staff member of the Senate Committee on Indian Affairs. He also brought important tribal issues before the courts and participated in several major Indian law cases before the US Supreme Court. Kappler's compilation is a seven-volume collection of treaties, statutes, and executive documents related to American Indian tribes. The original treaties made between the United States and American Indian nations are housed in the National Archives and Records Administration (NARA).
| Characteristics | Values |
|---|---|
| Name | Charles J. Kappler |
| Birth Year | 1868 |
| Death Year | 1946 |
| Known For | Compilation of Indian Affairs: Laws and Treaties |
| Work | Staff member of the Senate Committee on Indian Affairs, co-counsel in the first case before the Permanent Court of Arbitration in The Hague, brought important tribal issues before the courts |
| Residence | Washington, DC |
| Education | Studied stenography and typing with Theodore F. Shuey |
| Worked As | Secretary to Senator William M. Stewart of Nevada |
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What You'll Learn
Charles J. Kappler's work
Charles J. Kappler (1868–1946) is primarily known for his compilation, Indian Affairs: Laws and Treaties, a seven-volume collection of treaties, statutes, and executive documents related to American Indian tribes. Kappler was a lifelong resident of Washington, DC, born to German immigrants Anton and Suzanna Kappler. He had two older brothers, Frank and Henry, an older sister, Mary, and a younger sister, Annie. After graduating from public and parochial schools in the district, Kappler studied stenography and typing with Theodore F. Shuey, the then dean of Congressional reporters. He worked as a secretary to Senator William M. Stewart of Nevada and served as a staff member of the Senate Committee on Indian Affairs.
Kappler's Indian Affairs: Laws and Treaties is a comprehensive compilation of treaties, statutes, and executive documents related to American Indian tribes. The collection is organised chronologically, with Volume 2 containing the content of negotiations between the United States and American Indian tribes. It is considered a fundamental asset for examining the relationships formed between the federal government and American Indian tribes, recognised by the Department of State and the courts. The compilation has been described as "a five-volume reference work accepted as authoritative by the highest courts".
Kappler's work built upon earlier efforts to assemble and preserve legal materials related to Indian Affairs. Before the 19th century, the preservation of treaties created between the federal government and American Indian tribes was not a priority. However, three notable compilations were published in the 19th century: Indian Treaties, and Laws and Regulations Relating to Indian Affairs (1826); Treaties between the United States of America and the Several Indian Tribes, From 1778 to 1837 (1837); and A Compilation of All the Treaties between the United States and the Indian Tribes Now in Force as Laws (1873).
In addition to his work on Indian Affairs: Laws and Treaties, Kappler led a diverse life. He served as co-counsel in the first case before the Permanent Court of Arbitration in The Hague and brought important tribal issues before the courts. He participated in several major Indian law cases before the United States Supreme Court and was involved in various roles in the Indian law domain. Kappler's work and compilations continue to be a valuable resource for researchers and those interested in the historical relationships between the federal government and American Indian tribes.
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US Constitution empowered Congress
The US Constitution empowered Congress to regulate commerce with American Indian tribes. This power was often used to displace Indians from their tribal lands and facilitate the spread of European Americans across the continent.
The US Constitution mentions Native American tribes three times. Article I, Section 2, Clause 3 and Section 2 of the Fourteenth Amendment address the handling of "Indians not taxed" in the apportionment of seats in the House of Representatives, suggesting that Indians need not be taxed. In addition, Article I, Section 8, Clause 3 empowers Congress to "regulate commerce with foreign nations, among the several states, and with the Indian tribes."
Based on these legal precedents, Congress was given the authority to enact several statutes relating to Indian affairs. They placed Indian affairs under the Department of War, set aside funds for negotiating treaties, and appointed federal commissioners to negotiate them. One of the first laws passed by Congress prohibited states and individuals from purchasing Indian lands (Indian Non-Intercourse Act, 1790).
In 1830, Congress adopted the Removal Act, which established a process for the President to grant land west of the Mississippi River to Indian tribes that agreed to give up their homelands. This act was encouraged by President Andrew Jackson, who wanted to build a systematic approach to Indian removal. By the end of his presidency, Jackson had signed into law nearly 70 removal treaties, resulting in the relocation of around 50,000 eastern Indians to Indian Territory and the opening of millions of acres of land for white settlers.
Another notable law passed by Congress was the "Dawes Act" of 1887, which broke up tribal lands into parcels to be distributed to Indian families or sold to white purchasers. This act proved disastrous for Indians, as they lost much of their land and saw their cultural traditions destroyed.
Charles J. Kappler (1868-1946) is well-known for his compilation, "Indian Affairs: Laws and Treaties", which has served as a fundamental resource for studying the relationships between the federal government and American Indian tribes.
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Treaties as a means to displace Indians
Treaties have been used as a means to displace Indians from their tribal lands. The US Constitution empowered Congress to "regulate commerce with foreign nations, and among the several States, and with the Indian tribes". Early treaties between the federal government and Indian tribes typically involved the latter acknowledging themselves "to be under the protection of the United States of America, and of no other sovereign whosoever".
When Andrew Jackson became president in 1829, he built a systematic approach to Indian removal based on these legal precedents. He encouraged Congress to adopt the Removal Act of 1830, which allowed the President to grant land west of the Mississippi River to Indian tribes that gave up their homelands. Jackson's government was successful, and by the end of his presidency, he had signed into law almost seventy removal treaties, which resulted in the movement of nearly 50,000 eastern Indians to Indian Territory and the opening of millions of acres of land for white settlers.
The Cherokee Nation resisted, challenging in court the Georgia laws that restricted their freedoms on tribal lands. In 1831, Chief Justice John Marshall declared that "the Indian territory is admitted to compose a part of the United States", affirming that the tribes were "domestic dependent nations". However, the following year, the Supreme Court reversed itself and ruled that Indian tribes were sovereign and immune from Georgia laws. Jackson refused to accept the Court's decision and obtained the signature of a Cherokee chief agreeing to relocation in the Treaty of New Echota, which Congress ratified in 1835.
The US government's use of treaties as a means to displace Indians from their tribal lands was strengthened with the Removal Act of 1830. In cases where treaties failed to achieve this, the government sometimes violated both treaties and Supreme Court rulings to facilitate the westward spread of European Americans across the continent.
The Trail of Broken Treaties in 1972 was a demonstration that brought caravans of Native American activists from the West Coast to Washington, D.C., to demand redress for years of failed and destructive federal Indian policies. It was inspired by the Civil Rights Movement and the Third World Movements, and it aimed to bring attention to the government's failure to uphold its treaty obligations.
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US Senate ratified 370 treaties
The United States Constitution empowers Congress to "regulate commerce with foreign nations, and among the several States, and with the Indian tribes". Treaties are binding agreements between nations and become part of international law. The US Senate considered and approved for ratification all but a small number of treaties negotiated by the president and his representatives.
Between 1778, when the first treaty was made with the Delawares, and 1871, when Congress ended the treaty-making period, the US Senate ratified 370 treaties. At least 45 others were negotiated with tribes but never ratified by the Senate. Treaties with American Indian tribes can be found in two main resources: Charles Kappler's Indian Affairs: Laws and Treaties (Kappler's) and the United States Statutes at Large. Kappler's is a seven-volume compilation of treaties, statutes, and executive documents related to American Indian tribes. Treaties and agreements between the US and tribes are organised chronologically in volume 2. Oklahoma State University has made a fully digitised edition of Kappler's available online.
Charles J. Kappler (1868–1946) was a lifelong resident of Washington, DC, and is known primarily for his compilation, Indian Affairs: Laws and Treaties. He was a staff member of the Senate Committee on Indian Affairs and participated in a number of major Indian law cases before the United States Supreme Court, prior to the creation of the Indian Claims Commission. Kappler also served as co-counsel in the first case before the Permanent Court of Arbitration in The Hague.
In 1871, Congress enacted a law prohibiting the federal government from making new treaties with American Indian tribes. However, this law did not invalidate or modify any "obligation of any treaty lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871." Since 1871, federal and state governments have continued to enter into contracts and agreements with tribes on multiple topics, including healthcare services, education, and economic opportunities.
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Andrew Jackson's systematic approach
Jackson's approach was also influenced by his belief that Indian civilization was lower than that of whites and that, for their own survival, tribes threatened by white settlement must assimilate or move west. He viewed the Indian tribes as either comprising sovereign states (which violated the Constitution) or being subject to the laws of existing states. Jackson urged Indians to assimilate and obey state laws, believing that he could only accommodate their desire for self-rule in federal territories, which required resettlement on federal lands west of the Mississippi River.
To achieve his purpose, Jackson encouraged Congress to adopt the Removal Act of 1830, which he signed into law on May 28, 1830. The Act established a process whereby the President could grant land west of the Mississippi River to Indian tribes that agreed to give up their homelands. It provided for the exchange of lands and the removal of Indians west of the Mississippi. The Act also allowed for financial and material assistance to be provided to the Indians to help them travel to their new locations and start new lives.
Jackson's government was successful in implementing this systematic approach. By the end of his presidency, he had signed into law almost seventy removal treaties, resulting in the relocation of nearly 50,000 eastern Indians to Indian Territory and the opening up of millions of acres of land to white settlers. The Indian removal campaign was strongly supported in the American South, especially in Georgia, which was involved in a jurisdictional dispute with the Cherokee Nation.
Jackson's approach to Indian removal was not without resistance. The Cherokee Nation, in particular, challenged the Georgia laws that restricted their freedoms on tribal lands. In 1831, Chief Justice John Marshall ruled that "the Indian territory is admitted to compose a part of the United States" and that the tribes were "domestic dependent nations". However, the following year, the Supreme Court reversed its decision and ruled that Indian tribes were sovereign and immune from Georgia laws. Despite this, Jackson refused to heed the Court's ruling and obtained the signature of a Cherokee chief agreeing to relocation in the Treaty of New Echota, which was ratified by Congress in 1835. The forced expulsion of tens of thousands of Cherokees in 1838-39 became widely known as the "Trail of Tears".
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Frequently asked questions
Charles J. Kappler (1868–1946) is known for his compilation of Indian Affairs: Laws and Treaties.
Indian Affairs: Laws and Treaties is a seven-volume compilation of treaties, statutes, and executive documents related to American Indian tribes. Treaties and agreements between the United States and tribes are organized chronologically in volume 2.
Indian Affairs: Laws and Treaties can be found in most large law libraries and online at https://dc.library.okstate.edu/digital/collection/kapplers.
Yes, American Indian treaties can also be found in the United States Statutes at Large and Documents in American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775-1979.
