The Royal Proclamation of 1763 describes the indigenous peoples of North America as sovereign peoples, under the protection of the British Crown. What changed to recast indigenous peoples into the role of non-sovereign subject populations?

by Justin_123456

Here in Canada, the Prolamation is so important that it was enshrined in the 1982 Constitution, and I've even seen the Proclamation of 1763 described as Canada's first constitution.

What were the contemporary reactions to this legal enshrinement of indigenous sovereignty? How did it get undone?

TheLevelOfStag

In America, tensions surrounding the Proclamation Line of 1763 basically caused the Revolutionary War, in many respects. Land speculators, George Washington among them, were angered that they could no longer move West freely, since the British were adamant about the hard border both to assert their authority over the colonists and to avoid any more conflict with the Native Americans after the very costly Pontiac's rebellion was just snuffed out. During the Revolutionary War, Britain continued to treat the tribes as military allies and trade partners, furthering American resentment. After the war, the Treaty of Paris of 1783 actually guaranteed the sovereignty of the native allies of the British, but no representatives from the tribes were invited to the meeting and when Americans later violated these terms the British did not care to step in most of the time. The Native Americans again sided largely with the British in the War of 1812, and again their sovereignty was professed in the Treaty of Ghent in 1815, which also demanded that any native land captured by the Americans over the course of the war would be returned. This was again ignored by the Americans, and the British had bigger problems so did not step in. After this, the 1820s and 1830s saw a period of "Indian Removal" overseen by Andrew Jackson, the President and the General who had orchestrated much of the wars against the natives in the 1810s. Moreover, there was a court case, Worcester v. Georgia, brought on behalf of the Cherokees to challenge the state of Georgia into giving back their lands. However, it was deemed inappropriate that a sovereign nation negotiate with the states rather than the Federal government, but when the Cherokees did Jackson refused to listen. Thus, most of the Native Americans in the Eastern U.S. were forced to march to present-day Oklahoma, where they remained until moved onto many of the reservations they occupy today. But they really were not treated as "sovereign" in any real sense of the word once Jackson was in power. Hope this American example provides some context, even if it does not directly address Canada.

Source David Henkin, Becoming America