Confederation Congress Proclamation of 1783

Confederation Congress Proclamation of 1783 was a proclamation by the Congress of the Confederation dated September 22, 1783 prohibiting the extinguishment of aboriginal title in the United States without the consent of the federal government. The policy underlying the proclamation was inaugurated by the Royal Proclamation of 1763, and continued after the ratification of the United States Constitution by the Nonintercourse Acts of 1790, 1793, 1796, 1799, 1802, and 1833.

During the Articles of Confederation-era, several U.S. states, particularly New York, purchased lands from Indians without the consent of Congress. In the 1980s, in the wake of the Oneida I (1974) decision permitting tribes to pursue such claims in federal courts, several tribes challenged such conveyances as contrary to the Proclamation. However, the Second Circuit has held that Congress had neither the authority nor the intent to prohibit such purchases within the borders of individual states, and thus that the Proclamation applied only to the federal territories.

The Proclamation prohibits:

all persons from making settlements on lands inhabited or claimed by Indians, without the limits or jurisdiction of any particular State, and from purchasing or receiving any gift or cession of such lands or claims without the express authority and directions of the United States in Congress assembled.

The Proclamation also declared:

that every very such purchase or settlement, gift or cession, not having the authority aforesaid, is null and void, and that no right or title will accrue in consequence of any such purchase, gift, cession or settlement.

Few early cases cite the Proclamation. However, the Proclamation has been cited in more recent litigation challenging conveyances of aboriginal title from tribes between 1783 and 1790.

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