Historical Prelude III::

The Northwest Ordinance

The Northwest Ordinance was the first policy statement governing relations between America and Indian governments, and was, as such, critical to the subsequent development of federal Indian law. Article III of the Ordinance declared:

"The utmost good faith shall always be observed towards the Indians, their lands and property shall never be taken from them without their consent; and in their property, rights and liberty, they never shall be invaded or disturbed, unless in just and lawful wars authorised by Congress; but laws founded in justice and humanity shall from time to time be made, for preventing wrongs being done to them, and for preserving peace and friendship with them."

Men such as Washington, Knox, and Jefferson, were instrumental in the formulation of such policies which affirmed, not only the central role of the national government over state governments and private companies in diplomacy and law with tribal governments, but which also affirmed a framework of relations built upon the laws of nations. National government was also affirmed when the Indian Trade and Intercourse Act (1790) usurped states' rights to obtain land cessions from tribal governments without federal approval. The act also codified existing treaties.

Thus, during a time when pressure for more Indian land was mounting, and questionable land speculation deals were rising, the United States government asserted, not only the sovereign national status of tribes, but also the legal and consensual transfer of Indian land.