Why is such an old treaty still valid today?
Tribes retained something similar to an easement on the treaty land to enter the property for the purpose of hunting, fishing, and gathering. The Federal Courts including the Supreme Court have consistently ruled that the passage of time cannot erode the rights that the Tribes retained when the treaties were signed. In this specific treaty, the Tribes retained their rights until the land was required for settlement. As mentioned above, the negotiations focused on determining which lands would still be open to the Tribes for exercising their rights.
