Jay’s Treaty, officially titled “Treaty of Amity Commerce and Navigation, between His Britannic Majesty; and The United States of America,” was negotiated by Supreme Court Chief Justice John Jay and signed between the United States and Great Britain on November 19, 1794. Tensions between the two countries had increased since the end of the Revolutionary War over British military posts still located in America's northwestern territory and British interference with American trade and shipping. Jay was only partially successful in getting Britain to meet America's demands and opposition to the treaty in the United States was intense. Although President George Washington was disappointed with the treaty’s provisions, he felt it was the best hope to avert war with Great Britain and submitted it to the Senate for approval. Jay’s Treaty passed the Senate on June 24, 1795, by a vote of 20 to 10, exactly the two-thirds required for approval. Show
JAY TREATY: 1794 Probably related to British fears of the First Nations and the French, the Americans and British concluded the Jay Treaty on November 19, 1794. Given the racism that abounded at the time, the treaty surprisingly recognized the right of First Nations peoples to unrestricted passage over the artificial boundaries dividing their traditional territories by Europeans. Article III refers to the movement of Amerindians and their goods across the borders: It is agreed that it shall 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 the said boundary line, freely to pass and repass 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 or entry fee 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 repassing 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 Indians, shall not be considered as goods belonging bona fide to Indians. The United States abides by its provisions today but Canada does not. ******************** AMERICAN INDIAN LAW ALLIANCE
Since 1794, Aboriginal Peoples have been guaranteed the right to trade and travel between the United States and Canada, which was then a territory of Great Britain. This right is recognized in Article III of the Jay Treaty, also known as the Treaty of Amity, Commerce and Navigation of 1794 and subsequent laws that stem from the Jay Treaty. A Publication of the The American Indian Law Alliance (AILA) is a 501(c)3 tax exempt, not-for-profit organization that serves Indigenous Peoples and members of Indigenous communities and Nations in our struggle for sovereignty, human rights and social justice. Supported by a grant With additional support from Written and researched by We would like to thank the individuals and organizations on both sides of the border who have given us valuable input. Through collaboration, this handbook was made possible. The New York City community of Native Peoples is greatly enriched by the presence of many Aboriginal people from north of the US/Canadian border. Table of Contents This Handbook should not be considered a complete summary of the border crossing rights of Aboriginal Peoples. It is meant to be used as a reference only, and does not represent the totality of Jay Treaty issues and border crossing rights. If you have further questions, please contact an attorney. Background Information When the Europeans landed in North America, they encountered nations with their own people, territories, governments, and laws. The newcomers entered into political, military and economic relations with those nations, recognizing their rights. The American Revolutionary War led to the creation of the United States of America and a boundary between the United States territory and British North America. The war ended with the Treaty of Paris in 1793, but that treaty left a number of issues unresolved, including the location of the boundary. In 1794, Britain and the United States entered into a new treaty, known as the Jay Treaty after Chief Justice John Jay, the American negotiator. It was a treaty of "friendship, commerce, and navigation." Article III of the Jay Treaty provided for free border crossing rights for United States citizens, British subjects, and "the Indians dwelling on either side of the boundary line." Indians were also not to pay duty or taxes on their "own proper goods" when crossing the border. In the Treaty of Ghent in 1815 (after the war of 1812), Britain and the United States promised to restore the rights of the Indian Nations that had existed before the war. However, legislation implementing these rights in Upper and Lower Canada was allowed to lapse in the 1820's and has not been reenacted since. Instead, it was the informal practice of both Canada and the United States for many years to allow aboriginal people free border crossing, and not to collect custom duties from them. In the 1920's, largely as a result of the actions of the Indian Defense League, and as a result of the court case of Paul Diabo, a Kahnawake Mohawk, the United States changed its immigration laws. Ever since, Canadian-born people with at least 50% Aboriginal blood can enter, live in, and work in the United States without immigration restrictions; they cannot be deported for any reason. However, the United States has never implemented its promises about the duty-free carriage of "proper goods." On the Canadian side, the law is in a state of rapid change. In 1956, in the case of Louis Francis, the Supreme Court of Canada decided that the Jay Treaty and the Treaty of Ghent were not treaties with Indian Nations; that the Jay Treaty was not part of the law in Canada because it had not been ratified by legislation; and that Article IX of the Treaty of Ghent, while the treaty was a self-implementing peace treaty, did not come into effect automatically, because it only "promised" to restore the rights of Indian Nations. Article IX, in fact, says that the Crown "engages...forthwith to restore the rights" of Indians to what they were before the War of 1812. In 1982, the new Constitution Act recognized and affirmed both treaty and aboriginal rights. Since then, the Watt case in British Columbia established the possibility of citizens of Aboriginal Nations bisected by the border to enter Canada as of right. This case awaits a final decision from the Canadian Supreme Court. The Mitchell case fought to establish the aboriginal right of the Mohawks of Akwesasne to bring goods across the border -- duty and tax-free for personal and community purposes, and for small-scale trade between First Nations. In May 2001, the Supreme Court of Canada denied the aboriginal right to exemption from duties on trade goods, but was silent on goods meant for personal or collective use. Other cases, like the Vincent case, have established that customs duties and taxes apply to large-scale trade with non-aboriginal people. Within the United States there has been some movement for a comprehensive Indian Border Act to address numerous issues regarding both the United States/Canadian border and the United States/Mexican border. INS guidelines are being developed to recognize the Nations and tribes of the southern border. Quick Reference Guide If you were born in Canada and have at least 50% Aboriginal blood, you may be entitled to certain rights and benefits in the United States. Once you have proven that you have at least 50% Aboriginal blood...
What You Need to Cross the U.S. Border to Live and/or Work If you were born in Canada and have at least 50% Aboriginal blood, you have the right to enter the U.S. to live or work. This right is guaranteed by federal statute (8 U.S.C. �1359) and the federal court case Akins v. Saxbe, 380 F. Supp. 1210 (D.Me. 1974). When you cross the border with intent to live or work in the U.S., you should be prepared to prove that you have at least 50% Aboriginal blood. Different U.S. Immigration & Naturalization Service (INS) ports of entry, or border crossings, may ask for different kinds of documentation. Some ask for more; some for less. At the border, you may be asked for any or all of the following documents:
The document most frequently requested by the INS at the border seems to be the letter of quantum (indicating that your blood quantum is at least 50% Aboriginal blood). If you are unable to get a letter of quantum from your band office with the necessary information, please see the Frequently Asked Questions section. However, it may be helpful to bring as many of the documents as you can. The INS officer at the border will make most of the decisions about which documents you may need to present. There can be differences at different crossing points and even among different officers at the same location. Also, the degree of the officer's previous experience in handling Aboriginal people will determine the amount of time it takes for you to be processed. Appearance can make a difference: our research shows that if you "look Indian," the INS officer may require less documentation. You do NOT need a green card, also known as an Alien Registration Card or Form I-551, in order to live or work in the United States. This is your right as a Canadian-born Aboriginal. Whether you choose to get a green card is up to you. There are certain legal benefits available to you, if you choose to register for a green card. If you do decide to apply for a green card, you will need all of the above documents, plus two photos (in a specific format determined by the INS). You will need to fill out Form I-181, which can be supplied by your local INS office. See Appendix for the INS phone number.
What You Need To Work In the U.S. Under U.S. law, if you were born in Canada and have at least 50% Aboriginal blood, you have the right to get a job, even without a green card. This right is most closely articulated in the U.S. federal court case of Akins v. Saxbe, 380 F.Supp. 1210 (D.Me.1974). However, there are other steps you will need to take in order to work. Before you apply for work:
If the Social Security Administration is uncooperative about accepting your letter of quantum or any other piece of the above documentation to prove alien status, you can refer them to the following regulations from the Social Security Administration's own handbook:
When you apply for work:
What If You Are Unable to Work or Lose Your Job If you were born in Canada and have at least 50% Aboriginal blood and if you are unable to work or if you lose your job, you may be entitled to one or more of the following government benefits: Medicaid, Supplemental Security Income (SSI), Food Stamps, Disability, Social Security and Medicare. MEDICAID
SUPPLEMENTAL SECURITY INCOME (SSI):
FOOD STAMPS:
DISABILITY:
SOCIAL SECURITY:
MEDICARE:
You may also be eligible for other benefits, both State and Federal. Federal benefits may include federal student loans, Section 8 housing and Veterans' benefits. Frequently Asked Questions DEPORTATION
CUSTOMS ISSUES
IF YOUR SPOUSE AND/OR CHILD IS NOT ABORIGINAL
IF YOU HAVE TROUBLE GETTING YOUR LETTER OF QUANTUM
INUIT AND M�TIS
What If You, As A Canadian Aboriginal, Were Adopted? It may be that you know that one or both of your parents are Aboriginal, but because you were adopted as a child, you know little else about your heritage. You can get some identifying information. The procedures vary from province to province. If you are eligible, it is possible for you to obtain your Indian Status and find out to which First Nation you may apply for membership. This registration may entitle you to a variety of benefits in Canada, such as use of reserve land, exemption from certain taxation, hunting/fishing/trapping rights, treaty benefits and band funds, financial assistance, and educational assistance, among other things. However, in order to take advantage of benefits in the United States, you must have at least 50% Aboriginal blood. In order to learn about your Aboriginal ancestry in Canada you need to:
Legal Resources
Appendix In order to get in touch with your First Nation, contact the
In
order to obtain a copy of your long form birth certificate, contact the Vital Statistics Office for your province. United States Immigration and Naturalization Service (INS): Call for the INS Office in your area. (800) 375-5283. All INS forms are available online. Social Security Administration: (800) 772-1213. You can apply for Social Security Insurance online. For a printed pamphlet containing this information contact: American Indian Law Alliance or Aboriginal Legal Services of Toronto BACK HOME WEB SITE MAP
What were the terms of Jay's treaty quizlet?The treaty was an important diplomatic success for the United States. It resolved territorial disputes between the two countries and granted American ships the right to free navigation of the Mississippi River as well as duty-free transport through the port of New Orleans, then under Spanish control.
Which of the following circumstances led in part to the drafting of a new constitution to replace the Articles of Confederation?Which of the following circumstances led in part to the drafting of a new Constitution to replace the Articles of Confederation? High inflation wreaked havoc on the national economy.
Which of the following describes Jay's treaty of 1795?Which of the following describes Jay's Treaty of 1795? It required the British to withdraw their troops from forts in the Northwest Territory.
Which of the following was an important consequence of Jay's treaty?Which of the following was an important consequence of the debate over the Jay treaty? Strong disagreements over policy promoted the development of political parties.
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