Aboriginal Trade

Treaties Honoring Aboriginal Trade and Border Crossing Rights

Treaty of Utrecht 1713, Article XV, Treaty of Peace and Friendship:

“…The subjects of France inhabiting Canada, and others, shall hereafter give no Hindrance or Molestation of the Five Nations or Cantons of Indian, subject to the Dominion of Great Britain, nor to the other Natives of America, who are Friends to the same… they shall enjoy full Liberty of going and coming on account of Trade…without molestation or Hindrance…”

The Jay Treaty, Article III, 1794:

The Treaty of Amity, Commerce and Navigation, Between His Britannick Majesty; - And the United States of America, By Their President and the Advice and Consent of Their Senate, November 19, 1794.

“It is agreed that at all Times be free to His Majesty’s Subjects, and to the Citizens of the United States, and also to the Indians dwelling on either side of said Boundary Line freely to pass and re-pass by Land, or Inland Navigation, into the respective Territories and Countries of the Two Parties on the Continent of America (the Country within the Limits of the Hudson’s Bay Company only excepted) and to navigate all the Lakes, Rivers and waters thereof, and freely to carry on trade and commerce with each other… 

…No Duty of Entry shall ever be levied by either Party on Peltries brought by Land, or Inland Navigation into the said Territories respectively, nor shall the Indians passing or re-passing with their own proper Goods and Effects of whatever nature, pay for the same any Import or Duty whatever. But Goods in Bales, or other large Packages unusual among the Indians shall not be considered as Goods belonging bona fide to Indians.”

Treaty of Ghent 1815, Article IX:

“The United State of America engage to put an end immediately after the Ratification of the Present Treaty, to hostilities with all the Tribes of Nations of Indians, with whom they may be at War at the time of such Ratification; and forthwith to restore to such Tribes and Nations respectively, all Possessions, Rights, and Privileges, which they have enjoyed, or been entitled to in 1811, previous to such hostilities.

…and His Britanic Majesty engages, on his part, to put an end, immediately after the Ratification of the present Treaty to hostilities with all the Tribes or Nations of Indians with whom he may be at War at the time of such Ratification; and forthwith to restore to such Tribes or Nations, respectively, all the Possessions, Rights, and Privileges which they may have enjoyed previous to such hostilities…”


Other resources

Treaty of Utrecht 1713
Jay Treaty
Law Journal: Border Crossing