History: Present

Transcription

1 Department of Economics Native American Future Stewards Program Rochester Institute of Technology

2 North America 1828 Consistent Themes Court Decisions and Legislation

3 Consistent Themes Court Decisions and Legislation Assimilation and Rejection of Native People Many Cherokee owned plantations and slaves Cherokee constitution formed modeled on US constitution Development of social classes Cherokee utilize US government to fight removal Policy but passed Civilized tribes moved off homeland and moved west of MIssissippi

4 New Technology Introduced Consistent Themes Court Decisions and Legislation System of reading and writing developed by Sequoyah Travel Improvements (Canals, Railroads, Steamboats) Western territory easier to access Increased Demand for western land Texas annexation 1845 Mexican acquisition 1848 (Nevada, Colorodo, New Mexico and California) Oregon country 1848

5 Consistent Themes Court Decisions and Legislation Landmark Cases Involving Tribal Sovereignty The Marshall Trilogy Johnson v. McIntosh 1823 Cherokee Nation v. Georgia 1831 Worcester v. Georgia 1832 Cherokee Tobacco Case 1870 Cherokee Outlet Case 1889

6 The Marshall Trilogy Consistent Themes Court Decisions and Legislation Johnson v. M Intosh 1823 Thomas Johnson bought land from Piankeshaw Indians in 1773 and William M Intosh obtained land patent for same land from U.S. federal government. Court found that the discovering power gains exclusive right to extinguish the right of occupancy of indigenous occupants. Furthermore, when U.S. declared independence from Great Britain it inherited the British rights over Native American Lands. The only legal title to Native American lands comes from sales to the federal government.

7 The Marshall Trilogy Consistent Themes Court Decisions and Legislation Cherokee Nation v. Georgia 1831 The Cherokee Nation is not a foreign nation in the sense intended by the U.S. Constitution. Indian nations are domestic dependent nations to be protected by the federal government. The Supreme Court refused to hear arguments in the case. The question at hand was Georgia s ability to seize for its own use lands of the Cherokee Nation that had been promised to Georgia by the United States.

8 The Marshall Trilogy Consistent Themes Court Decisions and Legislation Worcester v. Georgia 1832 Tribal Laws supersede State Law in Cherokee Territory. Missionary Samuel A. Worcester refused to obey law requiring whites residing in Cherokee country to obtain a permit and take an oath of allegiance to Georgia. The ruling was seen as upholding Tribal Sovereignty and brought the constitutionality of the Indian Removal Act into question. In response to this President Andrew Jackson is rumored to have said John Marshall has made his decision; now let him enforce it! A Treaty Party made up of a small faction of Cherokee, headed by Major Ridge and his son John, signed the Treaty of New Echota This sold Cherokee land to the United States and paved the way for the Trail of Tears.

9 Other Cases of Tribal Sovereignty Consistent Themes Court Decisions and Legislation Cherokee Tobacco Case 1870 Cherokee refused to by taxes required by the Internal Revenue Act of 1868 on tobacco manufactured in the Cherokee Nation because the Cherokee Treaty of 1868 exempted them from such taxation. US Supreme Court ruled that treaties with Native nations are not the same as those with foreign nations - Congressional laws are superior to treaty agreements with Native nations.

10 Other Cases of Tribal Sovereignty Consistent Themes Court Decisions and Legislation Cherokee Tobacco Case 1870 Cherokee Outlet Case 1889 Federal government refused to approve sale of Cherokee property to cattlemen for $30 million yet were obliged to sell the land for $8.6 million to the Federal government

11 Consistent Themes Court Decisions and Legislation The Indian Appropriations Act 1851 U.S. Policy concentrating the Native Population onto reservations that could be adapted to agriculture. The best way to protect the Native Population was to concentrate them into small areas and maintain separation. Tribes to reside on Reservations that were ill suited to agricultural use.

12 Consistent Themes Court Decisions and Legislation Key Documents/Legislation Removal and Relocation ( ) Creation of a Bureau of Indian Affairs in the War Department, March 11, 1824 pp. 37 President Jackson on Indian Removal, December 8, 1829 pp. 47 Indian Removal Act, May 28, 1830 pp. 52 Cherokee Nation v. Georgia 1831 pp. 53 Worcester v. Georgia 1831 pp. 60 President Jackson on Indian Removal, December 7, 1835 pp. 70 Transfer of Indian Affairs to the Department of the Interior, March 3, 1849 pp. 79 Indian Commissioner Lea on Reservation Policy, November 27, 1850 pp. 81 Creation of the Indian Peace Commission, October 30, 1865 pp. 101 Report of the Indian Peace Commission, January 7, 1868 pp. 105 Indian Commissioner Taylor on Indian Civilization, November 23, 1868 pp. 122 President Grants Peace Policy, December 5, 1870 pp. 134 Cherokee Tobacco Case, December 1870 pp. 134 Abolition of Treaty Making, March 3, 1871 pp. 135 Assignment of Indian Agencies to Religious Societies, November 1, 1872 pp. 140 Standing Bear v. Crook, May 12, 1879 pp. 150 Report on the Mission Indians of California, October 10, 1883 pp. 156

13 The General Allotment Act (The Dawes Act) 1887 Each Indian (including ex-slaves) deserved a certain parcel of land with private ownership and all Excess land was then sold to the U.S. population. Encouraged Indians to be farmers, Head of Indian household received 160 acres of farmland or 320 acres of grazing land. Approximately 25 percent of claimants were awarded allotments.

14 The General Allotment Act (The Dawes Act) Con t Private ownership of land would help Indians assimilate by encouraging Indians to develop their land Congressman Henry Dawes of Massachusetts...expressed his faith in the civilizing power of private property with the claim that to be civilized was to wear civilized clothes...cultivate the ground live in houses, ride in Studebaker wagons, send children to school, drink whiskey [and] own property.

15 Native American Education Native American Boarding School System ( s)

16 Key Documents/Legislation Allotment and Assimilation ( ) General Allotment Act (Dawes Act), February 8, 1887 pp. 170 Use of English in Indian Schools, September 21, 1887 pp. 173 Report of the Dawes Commission November 20, 1894 pp. 189 Citizenship for Indians in the Indian Territory, March 3, 1901 pp. 198 Indian Citizenship Act, June 2, 1924 pp. 218

17 Native Nations as Dependent Nations Revisited Meriam Report Highlighted the poor living conditions on Indian Reservations for American public.

18 Native Nations as Dependent Nations Revisited Meriam Report Highlighted the poor living conditions on Indian Reservations for American public. Wheeler-Howard Act 1934 (Indian Reorganization Act) Stopped the erosion of tribal land base and allowed for additional tribal lands to be put in trust. Recognized that tribal governments right to self-govern. Encouraged tribes to adopt constitutions. Established a revolving loan program for tribal economic development. Established a preference to hire Natives in the Bureau of Indian Affairs.

19 Native Nations as Dependent Nations Revisited Meriam Report Highlighted the poor living conditions on Indian Reservations for American public. Wheeler-Howard Act 1934 (Indian Reorganization Act) indian-reorganization-act-1934/

20 Key Documents/Legislation Reorganization and Self-Government ( ) Meriam Report 1928 pp. 219 Wheeler-Howard Act (Indian Reorganization Act), June 18, 1934 pp. 223 Indian Commissioner Collier on the Wheeler-Howard Act 1934 pp. 225

21 An End of Recognition and Sovereignty House Concurrent Resolution 108, Terminated Tribes-1953 Tribes in California, Florida, New York and Texas were...freed from Federal supervision and control and all disabilities and limitations specifically applicable to Indians.

22 An End of Recognition and Sovereignty House Concurrent Resolution 108, Terminated Tribes-1953 Public Law 280, Undermined Tribal Sovereignty-1953 Tribes in California, Minnesota, Nebraska, Oregon, Wisconsin and Alaska...were not terminated but made subject to state civil and criminal jurisdiction.

23 An End of Recognition and Sovereignty House Concurrent Resolution 108, Terminated Tribes-1953 Public Law 280, Undermined Tribal Sovereignty-1953 Urban Indian Relocation Program-1952 Relocated the Native population from tribal lands into urban areas of Chicago, Denver, Los Angeles, San Francisco, San Jose, St. Louis, Cincinnati, Cleveland and Dallas Relocatees were suppose to receive temporary housing, counseling, guidance finding a job, permanent housing, community/social resources and money to tide them over based upon the size of the family. A man, his wife and four children received $80 a week for four weeks.

24 An End of Recognition and Sovereignty House Concurrent Resolution 108, Terminated Tribes-1953 Public Law 280, Undermined Tribal Sovereignty-1953 Urban Indian Relocation Program termination-era-1950s-public-law-280/

25 Key Documents/Legislation Definition of Indian Country June 25, 1948 pp. 233 House Concurrent Resolution 108, August 1, 1953 pp. 234 Relocation of Indians in Urban Areas 1954 pp. 238 Secretary of the Interior Seaton on Termination Policy, September 19, 1958 pp. 239 Williams v. Lee January 12, 1959 pp. 242

26 A Recognition of Tribal Sovereignty Special Message on Indian Affairs, 1970 Because termination is morally and legally unacceptable, because it produces bad practical results, and because the mere threat of termination tends to discourage greater self-sufficiency among Indian groups, I am asking the Congress to pass a new Concurrent Resolution which would expressly renounce, repudiate and repeal the termination policy expressed in House Concurrent Resolution President Richard M. Nixon

27 A Recognition of Tribal Sovereignty Special Message on Indian Affairs, 1970 Indian Self-Determination and Education Assistance Act, indian-self-determination/

28 Key Documents/Legislation Self-Determination ( Present) President Johnson, Special Message to Congress, March 6, 1968 pp. 249 Civil Rights Act of 1968, April 11, 1968 pp. 250 Report on Indian Education, November 3, 1969 pp. 253 President Nixon, Special Message on Indian Affairs, July 8, 1970 pp. 256 Indian Education Act, Jun pp. 263 Comprehensive Employment and Training Act, December 28, 1973 pp. 267 Indian Financing Act, April 12, 1974 pp. 269 Indian Self-Determination and Education Assistance Act, January 4, 1975 pp. 275 Indian Health Care Improvement Act, September 30, 1976 pp. 279 Oliphant v. Suquamish Indian Tribe, March 6, 1978 pp. 285 Federal Acknowledgement of Indian Tribes, October 2, 1978 pp. 290