Key Treaties Defining the Boundaries Separating English and Native American Territories

1632 peace agreement
- ended the Second Anglo-Powhatan War
- no documentation of the agreement survives, but Opechancanough did not resist when the colonists built a wall across the Peninsula in 1634
- wall made clear that old towns south of the York River such as Kiskiak were permanently converted to English use, and excluded Native Americans from the traditional hunting/gathering areas east of Middle Plantation (now Williamsburg)

a 1634 palisade between Queen and College creeks (red line) isolated the eastern half of the Peninsula, but the Treaty of 1646 required Native Americans to wear a badge or striped coat anywhere between the James/York rivers east of the Fall Line (blue line)
a 1634 palisade between Queen and College creeks (red line) isolated the eastern half of the Peninsula, but the Treaty of 1646 required Native Americans to wear a badge or striped coat anywhere between the James/York rivers east of the Fall Line (blue line)
Map Source: ESRI, ArcGIS Online

Treaty of 1646
- ended Third Anglo-Powhatan War (1644-46), which was launched by suprise attacks against the English on April 18, 1644
- signed in October, 1646 by Gov. William Berkeley and Necotowance (he replaced Opechancanough, who had been murdered soon after being captured and jailed in Jamestown)
- restricted all Native Americans to the north side of the York River, forcing the Pamunkey and other tribes to abandon their long occupation of the Peninsula between the James and York rivers
- prohibited Englishman from being in Indian territory except with permission from Chief Necotowance or the Governor and declared English would notify Necotowance before settling north of York River on land downstream from Poropotanke (current boundary between Gloucester County and King and Queen County)
- required Native Americans to obtain permission and wear a badge or a striped coat when traveling on the Peninsula, whenever such travel was authorized by the English
- required annual gift to English of 20 beaver skins as tribute, acknowledging authority of English rulers and creating status as "tributary" tribes who were to receive some protection against hostile tribes such as the Susquehannocks or Seneca
- According to author L. Scott Philyaw:1
The Treaty of 1646, which ended hostilities, contained three essential provisions that formed the basis of Berkeley's Indian policy throughout his governorship.
First, Indian signatories acknowledged that they held their lands "from the King’s Majestie of England" while the royal governor "appointed or confirmed" native leaders.
Second, Indians and colonists were separated by specific geographic boundaries. A system of badges, special coats, and specified meeting places attempted to prevent any chance contacts between natives and newcomers.
Third, the English established a series of forts as a defensive perimeter around Virginia’s plantation district. The peace treaty also established two classes of Native Americans. The so-called friendly, or "tributary," Indians, acknowledged England's right to their lands in return for protection by the English. In return the English expected "their" friendly Indians to assist in defending the colony against "foreign," or "strange," Indians.

the 1646 treaty included a loophole to allow colonial settlement north of the York River, downstream from Poropotanke River (which today defines a portion of the boundary between Gloucester County and King and Queen County
the 1646 treaty included a loophole to allow colonial settlement north of the York River, downstream from Poropotanke River (which today defines a portion of the boundary between Gloucester County and King and Queen County
Map Source: ESRI, ArcGIS Online

1677 Treaty of Middle Plantation
- signed by Cockacoeske ("Queen of Pamunkey") after conclusion of Bacon's Rebellion, and theoretically included Chickahominy and Rappahannock tribes under her authority
- established a reservation in King William County (because the now-separate Mattaponi and Pamunkey reservations were established a century before the United States was created, the legal basis for those reservations is based on Virginia state law rather than Federal law.)
- confirmed Native American would not have to pay quit rents on their lands, but required annual symbolic payment of three arrows to the colonial governor in addition to the 20 beaver skins as required in 1646 (a ceremonial gift of deer and/or turkeys is presented to the Virginia governor every year around Thanksgiving, to honor this treaty)
- banned enslavement of Native Americans who belonged to groups that were friendly with the English
- declared Native Americans would be "Secured and Defended in their Persons, Goods and Properties, against all hurts and injuries of the English" and anyone committing a crime would be punished acording to "the Laws of England or this Countrey," suggesting an equal protection of civil rights for both Native Americans and colonists " which is but just and reasonable, they owning themselves to be under the Allegiance of His most Sacred Majesty"
- required colonists to avoid settling near Native American towns:2
"Whereas by the mutaull discontents, Complaints, jealousies, and feares of English and Indians occasioned by the violent intrusions of divers English into their lands, forceing the Indians by way of Revenge, to kill the Cattle & hoggs of the English, whereby offence, and injuries being given, and done on boeth sides, the peace of this his Majesties Colony hath bin much disturbed, and the late unhappy Rebellion by this means in a great measure begunne & fomented which hath involved this Country into soe much Ruine, & misery, for prevention of which injuries and evill consequences as much as possible we may for time to come it is hereby concluded and enacted that noe English, shall seate or plant nearer then three miles of any Indian towne, and whosoever hath made or shall make any encroachment upon their Lands shall be removed from thence...

1679 Albany Conference
- established the "Covenant Chain" linking English and Iroquois, after Bacons Rebellion in Virginia and King Philips War in New England
- made allies of English and Iroquois, who were competing in beaver wars with Huron and other tribes trading furs with French in Montreal
- permitted Iroquois to hunt and travel trough Manahoac lands, blocked Algonquian tribes in Tidewater from Piedmont

1684 Albany agreement
- Virginia governor Lord Howard of Effinigham traveled from Virginia to Albany to participate directly, was called "Assarigoa" by the Iroquois during their speches
- Lord Howard negotiated together with New York governor, Col. Thomas Dongan (called "Corlear" by the Iroquois)
- at the time the Senecas were raiding as far west as Mississippi River, and both English and French representatives at negotiations competed to gain loyalty of the tribe that kept the "western gate" of the Iroquois confederacy and had substantial control over fur trade from west of Ohio River
- Mohawks and Senecas agreed "we must not come near the Heads of your Rivers, nor near your Plantations, but keep at the Foot of the Mountains"3
- from Iroquois perspective, agreement blocked English settlement in Iroquois-controlled Piedmont at base of Blue Ridge
- in exchange, Seneca demanded that Virginia government force the tribe known as Cahnawaas (also known as the Conoy, remnants of the Piscataway) to move north and increase the population of the Iroquois confederacy

in 1690, the Nottoway tribe brought their annual tribute payment to the governor of Virginia in Jamestown
in 1690, the Nottoway tribe brought their annual tribute payment to the governor of Virginia in Jamestown
Map Source: National Park Service, Jamestown in the Winter of 1690 (painting by Keith Rocco)

1722 Treaty of Albany
- Governor Spottswood of Virginia and governors of Maryland, Pennsylvania and New York agreed to cooperate in treaty negotiations, despite competition for trade with different tribes
- treaty renewed the Covenant Chain linking English and Iroquois, while limiting the influence of the French
- Spottswood obtained Virginia's primary objective when Iroquois agreed to stay to west of the Blue Ridge and not cross into Piedmont south of the Potomac River, confirming previous deals in formal treaty:4
- You did last year likewise charge & command us not to go a fighting towards Virginia, not to pass over the great River of Patawmack, nor the Ridge of High Mountains that surround Virginia
- prohibited the Iroquois and their subordinate tribes from returning to any previous settlements east of Blue Ridge, such as the fort that remnants of Piscataway (Conoy) tribe had occupied on Potomac River (at what is now called Heater's Island near Point of Rocks, downstream from the Route 15 bridge)5
- last treaty in which the remnants of the Powhatan tribes participated6

the Piscataways that lived on Conoy (now Heater's) Island from 1699 until perhaps 1718 could not return even if they had wanted to, after the 1722 Treaty of Albany blocked the Iroquois and subordinate tribes from living east of the Blue Ridge
the Piscataways that had lived on Conoy (now Heater's) Island from 1699 until perhaps 1718 could not return even if they had wanted to, after the 1722 Treaty of Albany blocked the Iroquois and subordinate tribes from living east of the Blue Ridge
Map Source: ESRI, ArcGIS Online

1744 Treaty of Lancaster
- negotiations started after 1742 fight ("Massacre of Balcony Downs") between Iroquois and colonial settlers near the confluence of the Maury and James rivers, in which Captain John McDowell (surveyor of the Borden Grant) died; Virginians had not recognized passes issued to Iroquois by Pennsylvania officials for safe passage to go fight Catawbas; a nearby stream is still known as Battle Run7
- Iroquois sold Virginia their claims of lands west of the Alleghenies, abandoning claims south of Ohio River stretching from Shenandoah Valley "to the setting sun" and authorizing colonial settlement in the "Back Parts" of Virginia
- during negotiations, Iroquois described how the 1722 Treaty of Albany had failed to eliminate conflict because colonists settled on lands west of the Blue Ridge:8
You may remember, that about twenty years ago you had a treaty with us at Albany, when you took a belt of wampum, and made a fence with it on the Middle of the Hill [i.e., Blue Ridge], and told us, that if any of the warriors of the Six Nations came on your side of the Middle of the Hill, you would hang them; and you gave us liberty to do the same with any of your people who should be found on our side of the Middle of the Hill. This is the Hill we mean, and we desire that treaty may be now confirmed.
After we left Albany, we brought our road a great deal more to the west, that we might comply with your proposal; but, tho' it was of your own making, your people never observed it, but came and lived on our side of the Hill, which we don't blame you for, as you live at a great distance, near the seas, and cannot be thought to know what your people do in the back-parts: And on their settling, contrary to your own proposal, on our new road, it fell out that our warriors did some hurt to your people's cattle, of which a complaint was made, and transmitted to us by our Brother Onas; and we, at his request, altered the road again, and brought it to the foot of the Great Mountain, where it now is; and it is impossible for us to remove it any further to the west, those parts of the country being absolutely impassable by either man or beast.
We had not been long in the use of this new road before your people came, like flocks of birds, and sat down on both sides of it...
- authorized Iroquois to use the "Great Road" through Shenandoah Valley in order to reach Yadkin River in western North Carolina
- the English had hoped to arrange peace between Southern Indians (Catawbas) and eliminate the desire of Iroquois to travel south of the Potomac River, but promised to allow travel west of the Blue Ridge:
...if you desire a Road, we will agree to one on the Terms of the Treaty you made with Colonel Spotswood, and your People, behaving themselves orderly like Friends and Brethren, shall be used in their Passage through Virginia with the fame Kindness as they are when they pass through the Lands of your Brother Onas [i.e., Pennsylvania].

Battle Run was reportedly named for the 1742 fight between colonists and Iroquois
Battle Run was reportedly named for the 1742 fight between colonists and Iroquois
Source: ESRI, ArcGIS Online

in 1744, the Treaty of Lancaster authorized the Iroquois to travel through the Shenandoah Valley to reach the Yadkin river, crossing the Blue Ridge at the Roanoke River water gap
in 1744, the Treaty of Lancaster authorized the Iroquois to travel through the Shenandoah Valley to reach the Yadkin river, crossing the Blue Ridge at the Roanoke River water gap
Source: Library of Congress, A map of the most inhabited part of Virginia containing the whole province of Maryland with part of Pensilvania, New Jersey and North Carolina (by Joshua Fry/Peter Jefferson, 1751)

1752 Treaty of Logstown
- starting in the late 1740's, the headman Tanaghrisson (the Half King) established Logstown/Logg's Town as the key location for trade and negotiations between agents of the Pennsylvania/Virginia colonies and leaders of the the Mingos/Shawnee/Delawares living in the upper Ohio River Valley
- Tanaghrisson and Virginia/Pennsylvania traders combined efforts to block attempts by the Wyandots, an Iroquois group who had moved from French-controlled Detroit into the Beaver River Valley, to have negotiations occur at their town of Kuskusky (near modern New Castle, Pennsylvania)
- in 1749 the Ohio Company established its base on the Potomac River at the site of modern Cumberland, Maryland and sought to gain some sort of approval by the Iroquois for colonial settlement
- in 1750, Pennsylvania and Virginia agents brought gifts to Logstown for treaty negotiations
- the Native Americans were interested, since French traders based in Canada and Detroit were offering inferior goods at higher prices and French officials were demanding to have excessive control over local tribes
- Christopher Gist, representing both Virginia and the Ohio Company, and other Virginia commissioners obtained authorization for the Ohio Company to build a stronghouse at the confluence of the Allegheny and Monogahela rivers (Forks of the Ohio)
- George Croghan, as the Pennsylvania representative, still supported the establishment of Virginia authority in the region because Pennsylvania would not honor the side deal he arranged to claim 200,000 acres in his own name
- Tanaghrisson approved the arrangement, acting as the representative of the Iroquois Confederacy,
- the Delaware chief, Shingas, asserted he had independent authority as he approved the treaty that limited Delaware and Shawnee claims south of the Ohio River
- the French response to the treaty was to send a force to seize the Ohio Company's blockhouse at the Forks of the Ohio, and build Fort Duquesne9

Logg's Town was established around 1748 by the Seneca headman Tanaghrisson, downstream from the Forks of the Ohio (where the French built Fort Duquesne)
Logg's Town was established around 1748 by the Seneca headman Tanaghrisson, downstream from the Forks of the Ohio (where the French built Fort Duquesne)
Source: Library of Congress, A map of the most inhabited part of Virginia containing the whole province of Maryland with part of Pensilvania, New Jersey and North Carolina (by Joshua Fry/Peter Jefferson, 1751)

the rival town of the Wyandot's was Kuskusky on the Beaver River, but George Croghan, Conrad Weiser, and Cristopher Gist insisted on doing business at Logg's Town with Tanaghrisson as the representative of the Iroquois Confederacy
the rival town of the Wyandot's was Kuskusky on the Beaver River, but George Croghan, Conrad Weiser, and Cristopher Gist insisted on doing business at Logg's Town with Tanaghrisson as the representative of the Iroquois Confederacy
Source: ESRI, arcGIS Online

1754 Albany Congress
-

1758 Treaty of Easton
-

The Proclamation of 1763
-

1764 Treaty of Fort Niagara
- The French did not negotiate formal treaties to document land cessions from Native American occupants to the new European settlers in the St. Lawrence River valley. Instead, the King of France granted lands near French forts to religious orders, such as the Ursuline nuns in Quebec City, without acquiring title to those lands through treaties with local tribes. (The Ursuline order allowed Abraham Martin to graze his livestock on the "Plains of Abraham," where the French and English fought outside Quebec City in 1759.)
- After the Treaty of Paris ended the Seven Years War in 1763 (known in America as the French and Indian War and in Canada as The Conquest), French-speaking habitants, seigneurs, and clergy in New France became British subjects. Native Americans were not given the same status, but after issuing the Proclamation of 1763 the British required formal treaties with the Native Americans in North America before authorizing settlement on acquired lands. The treaties established the initial legitimate claim of British ownership, in the chain of title dating to present times.
- The 1764 Treaty of Fort Niagara was the first treaty formalized after the Proclamation of 1763. It acknowledged Native American ownership and the authority to transfer lands to British control.

1768 Treaty of Hard Labor
- Pontiac's War in 1763-65 made clear that British needed to negotiate boundaries; the Proclamation of 1763 alone would not reassure Native American tribes that colonial expansion would block future intrusions into traditional territories
- British Superintendent of Indian Affairs, Southern Department (John Stuart) was official British representative for dealing with Cherokee to pin down colonial/Native American boundaries
- Board of Trade in London authorized Stuart in advance of negotiations to move the settlement boundary established in the Proclamation of 1763 further west, to mouth of Kanawha River
- new boundary defined by straight lines drawn from mouth of Kanawha River southeast to Chiswell's Mines (modern Austinville, Virginia), then southwest to
- Cherokee abandoned claims to lands east of Kanawha River, some lands west of Kanawha River (including William Ingles' ferry where I-81 now crosses the New River), and territory east of Blue Ridge
- Cherokee retained claims to most lands southwest of Kanawha river, including that part of Virginia southwest of modern Pulaski/Carroll counties, but some settlers had already moved into that area (Samuel Stalnaker arrived before 1750...)10

the Cherokee did not agree to abandon their claim to southwestern Virginia and Kentucky in the 1768 Treaty of Hard Labor
the Cherokee did not agree to abandon their claim to southwestern Virginia and Kentucky in the 1768 Treaty of Hard Labor
Source: Library of Congress, A map of the most inhabited part of Virginia containing the whole province of Maryland with part of Pensilvania, New Jersey and North Carolina. Drawn by Joshua Fry & Peter Jefferson in 1751

1768 Treaty of Fort Stanwix
- Superintendent of Indian Affairs, Northern Department (Sir William Johnson) was official British representative for dealing with Iroquois
- two representatives from Virgina were land speculators - Dr. Thomas Walker (investor in Loyal Land Company) and Andrew Lewis (investor in Greenbrier Company) - with personal interests for extending settlement boundary far to the west
- Cherokee chiefs travelled to William Johnson's home in Iroquois territory and negotiated peace deal between those two nations in advance of Treaty of Fort Stanwix
- Iroquois abandoned claims to land east and south of Ohio River, while English affirmed Iroquois claims to western New York
- colonial land speculators succeeded in efforts to push western settlement boundary past limit authorized by Board of Trade (mouth of Kanawha River) to confluence of Ohio-Tennessee rivers, which was inconsistent with line just approved by Cherokee in Treaty of Hard Labour
- Six Nations of Iroquois claimed authority to sign treaty for "dependent" nations; Delaware, Shawnee, Mingo, and Cherokee did not sign Treaty of Fort Stanwix
- triggered new negotiations with Cherokee (1770 Treaty of Lochaber) to move line of colonial settlement downstream from mouth of Kanawha River
- Shawnee were forced to comply with treaty after Lord Dunmore chose to fight and the Virginians won the 1774 Battle of Point Pleasant

the Treaty of Fort Stanwix altered the Proclamation Line of 1763, but the Iroquois had only a thin claim to define a boundary for colonial settlement further west than the mouth of Kanawha River (which the Cherokee had just accepted in the Treaty of Hard Labour and the Board of Trade had authorized)
the Treaty of Fort Stanwix altered the Proclamation Line of 1763, but the Iroquois had only a thin claim to define a boundary for colonial settlement further west than the mouth of Kanawha River (which the Cherokee had just accepted in the Treaty of Hard Labour and the Board of Trade had authorized)
Source: National Park Service, 1768 Boundary Line Treaty of Fort Stanwix

1770 Treaty of Lochaber
- Cherokees ceded title to the lands between the Kentucky and Kanawha rivers, but did not agree to move line of colonial settlement all the way downstream to mouth of Tennnesee River (as Iroquois had negotiated in 1768 Treaty of Fort Stanwix)
- Donelson's Indian Line surveyed to mark boundary established in treaty

1774 Treaty of Camp Charlotte
- negotiated after colonists defeated Shawnee in Lord Dunmore's War
- Shawnee abandoned claims to land south of Ohio River
- Iroquoian band of Mingos

treaties in 1768 and 1770 expanded the territory controlled by Virginia, while reducing the extent of the Cherokee Hunting Grounds
treaties in 1768 and 1770 expanded the territory controlled by Virginia, while reducing the extent of the Cherokee Hunting Grounds
Source: ESRI, ArcGIS Online

1774 Quebec Act
-

1775 Treaty of Sycamore Shoals
- limited Cherokee claims in far Southwestern Virginia

1777 Treaty of Long Island
- limited Cherokee claims in far Southwestern Virginia

Location of Logstown (on French translation of New map of the western part of Virginia, Pennsylvania, Maryland, and North Carolina, 1778, by Thomas Hutchins
Location of Logstown (on French translation of Thomas Hutchins' "New map of the western part of Virginia, Pennsylvania, Maryland, and North Carolina," 1778)
Source: Library of Congress, Partie occidentale de la Virginie, Pensylvanie, Maryland, et Caroline Septle. la rivière d'Ohio, et toutes celles qui s'y jettent,
partie de la Rivière Mississippi, tout le cours de la rivière de Illinois, le Lac Erie, partie des Lacs Huron et Michigan &. toutes les contrées qui bordent ces lacs et rivières, par Hutchins, capitaine anglais

Links

References

1. L. Scott Philyaw, Virginia’s Western Visions: Political and Cultural Expansion on an Early American Frontier, University of Tennessee Press, 2004, p.4
2. "Articles of Peace (1677)," Encyclopedia Virginia, http://www.encyclopediavirginia.org/Articles_of_Peace_1677,/a> (last checked April 23, 2015)
3. Francis Jennings, The Ambiguous Iroquois Empire: The Covenant Chain Confederation of Indian Tribes with English Colonies from Its Beginnings to the Lancaster Treaty of 1744, W. W. Norton & Company, 1984, pp.181-183, https://books.google.com/books?id=jfxdH5pslt4C (last checked May 30, 2015)
4. "Conference between Governor Burnet and the Indian," part of The Great Treaty of 1722 Between the Five Nations, the Mahicans, and the Colonies of New York, Virginia, and Pennsylvania, C. J. Kappler, Indian Affairs: Laws and Treaties, vol. 2: Treaties, Government Printing Office, Washington, DC, 1904, p.659, http://earlytreaties.unl.edu/treaty.00001.html (last checked May 1, 2015)
5. "18FR72 Heater’s Island 1699 - c. 1712," Diagnostic Artifacts in Maryland, Maryland Archaeological Conservation Laboratory, http://www.jefpat.org/diagnostic/small%20finds/Site%20Summaries/18FR72HeatersIsland.htm (last checked May 1, 2015)
6. Helen C. Rountree (ed), Powhatan Foreign Relations, 1500-1722, University Press of Virginia, 1993, p. 195-196
7. "McDowell's Grave," Little Bits of History Along U.S. Roadways, November 18, 2011, http://littlebitsofhistory.blogspot.com/2011/11/marker-no_18.html; "Oh Shenandoah!," My McDowell History, http://leomcdowell.tripod.com/id32.htm (last checked July 31, 2015)
8. Early Recognized Treaties With American Indian Nations, "A TREATY, Held at the Town of Lancaster, in PENNSYLVANIA, By the HONOURABLE the Lieutenant-Governor of the PROVINCE, And the HONOURABLE the Commissioners for the PROVINCES OF VIRGINIA and MARYLAND, WITH THE INDIANS OF THE SIX NATIONS, In JUNE, 1744," http://earlytreaties.unl.edu/treaty.00003.html (last checked April 17, 2013)
9. Michael N. McConnell, "Kuskusky Towns and Early Western Pennsylvania Indian History, 1748-1778," The Pennsylvania Magazine of History & Biography, Volume 66, Number 1 (January 1992), pp.38-47, http://journals.psu.edu/pmhb/issue/view/2540 (last checked July 31, 2015)
10. "Journal of Doctor Thomas Walker - 1749-1750," West Virginia Archives and History, http://www.wvculture.org/history/settlement/loyalcompany02.html (last checked May 30, 2015)


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