Confederation Congress Proclamation of 1783 facts for kids

The Confederation Congress Proclamation of 1783 was an important rule made by the first government of the United States, called the Congress of the Confederation. This rule, issued on September 22, 1783, said that no one could take land from Native American tribes without the permission of the federal government. This idea was first introduced by the Royal Proclamation of 1763 by the British. After the U.S. Constitution was written, this policy continued through a series of laws called the Nonintercourse Acts (from 1790 to 1833).

During the time of the Articles of Confederation, some U.S. states, especially New York, bought land directly from Native American tribes. They did this without getting permission from the Congress. Many years later, in the 1980s, Native American tribes began to challenge these old land deals in court. They argued that these purchases went against the 1783 Proclamation. However, a federal court, the Second Circuit, decided that the Congress did not have the power to stop states from buying land within their own borders. This meant the Proclamation only applied to lands that were not yet part of any state.

What Was the Proclamation of 1783?

The Proclamation of 1783 was a rule to protect Native American lands. It was made by the Congress of the Confederation. This was the first government of the United States after the American Revolution.

Why Was This Proclamation Needed?

Before the United States was formed, the British government had a similar rule. This rule aimed to prevent conflicts between settlers and Native American tribes. The new American government wanted to continue this idea. They wanted to make sure that land deals with Native Americans were fair and approved by the central government.

What Did the Proclamation Say?

The Proclamation had two main points. First, it said that no one could settle on or buy land from Native Americans if that land was outside the borders of any state. This also meant no one could receive land as a gift from tribes without the clear permission of the United States Congress.

Second, the Proclamation declared that any land purchase or settlement made without this federal approval was "null and void." This means it was not valid and would not give anyone legal ownership of the land.

Court Cases and Land Claims

For many years, the Proclamation was not often mentioned in court cases. But in more recent times, it has been used in lawsuits. These cases challenged land deals made with Native American tribes between 1783 and 1790.

The Oneida Nation's Challenge

One of the most important cases about the Proclamation was Oneida Indian Nation of New York v. New York in 1988. The Oneida Indian Nation argued that the state of New York had illegally bought their lands in 1785 and 1788. They said these purchases went against the 1783 Proclamation.

What the Court Decided

Judge Jon O. Newman and his team of judges looked closely at the powers of the Congress and the states under the Articles of Confederation. This was 200 years after these events happened. The court decided several key things:

• States had the power to buy land from Native Americans without Congress's permission.
• The parts of the Articles of Confederation about Congress's power over Native American relations were not for courts to decide.
• The land in question was within New York's borders at the time of the purchases.
• An earlier agreement, the Treaty of Fort Stanwix, did not stop the purchases.
• The 1783 Proclamation did not apply to lands inside states.
• Even if the Proclamation had tried to apply to lands within states, it would have been beyond Congress's power under the Articles.

This court decision meant that a very large land claim by the Oneida Nation, covering millions of acres, was denied. This was a very upsetting outcome for the Oneida people.