🏹Native American History Unit 6 – Native American Treaties and Sovereignty

Historical Context

• Prior to European colonization, Native American tribes governed themselves as sovereign nations with their own unique political, social, and economic structures
• European colonizers often viewed Native Americans as "uncivilized" and sought to assimilate them into European culture through various means (forced relocation, boarding schools)
• Early treaties between Native American tribes and European powers (France, Spain, England) recognized tribal sovereignty and established trade relationships
  • These early treaties set the precedent for future agreements between the U.S. government and Native American tribes
• As the United States expanded westward in the 19th century, the federal government increasingly sought to acquire Native American lands through treaties and other means
  • This often led to conflict and the forced removal of Native American tribes from their ancestral lands (Trail of Tears)
• The Indian Removal Act of 1830 authorized the president to negotiate removal treaties with Native American tribes, leading to the displacement of thousands of Native Americans
• The concept of Manifest Destiny, which held that the United States was destined to expand across the continent, further fueled the dispossession of Native American lands

Key Treaties and Agreements

• The Treaty of Hopewell (1785-1786) was one of the first treaties between the United States and Native American tribes, establishing peace and outlining boundaries between U.S. and Native American territories
• The Treaty of Greenville (1795) ended the Northwest Indian War and ceded large portions of Native American land in the Ohio Valley to the United States
• The Treaty of Fort Laramie (1851) was an agreement between the U.S. government and several Plains Indian tribes, which sought to ensure peace and establish tribal boundaries
  • A second Treaty of Fort Laramie (1868) ended Red Cloud's War and established the Great Sioux Reservation
• The Medicine Creek Treaty (1854) and the Point Elliott Treaty (1855) were two of several treaties that ceded large portions of Native American land in the Pacific Northwest to the U.S. government
• The Treaty of New Echota (1835) led to the forced removal of the Cherokee Nation from their ancestral lands in the southeastern United States, known as the Trail of Tears
• Many treaties included provisions for annuities, hunting and fishing rights, and the establishment of reservations
  • However, the U.S. government often failed to uphold its treaty obligations, leading to further conflict and mistrust

Concept of Tribal Sovereignty

• Tribal sovereignty refers to the inherent right of Native American tribes to govern themselves as independent political entities
• This concept is rooted in the historical recognition of tribes as sovereign nations by European powers and the early United States
• Tribal sovereignty is not granted by the U.S. government but is an inherent right that predates the formation of the United States
  • However, the U.S. government has the power to limit or modify tribal sovereignty through congressional action or court decisions
• Tribes have the authority to establish their own governments, create laws, and enforce those laws within their jurisdictions
  • This includes the power to tax, regulate commerce, and maintain law enforcement and judicial systems
• Tribal sovereignty is a key factor in the government-to-government relationship between the United States and Native American tribes
• The recognition of tribal sovereignty has been affirmed through various treaties, court decisions, and federal laws (Indian Self-Determination and Education Assistance Act of 1975)
• Despite this recognition, the extent and scope of tribal sovereignty have been subject to ongoing legal and political challenges

Federal Indian Policy Evolution

• Federal Indian policy has undergone significant changes throughout U.S. history, often reflecting the dominant attitudes and interests of the time
• The Colonial Period (1492-1776) was characterized by treaties between European powers and Native American tribes, which recognized tribal sovereignty and established trade relationships
• The Treaty Period (1776-1871) saw the U.S. government enter into numerous treaties with Native American tribes, which were considered legally binding agreements between sovereign nations
  • However, many treaties were broken or not fully upheld by the U.S. government
• The Removal Period (1830-1850s) was marked by the forced relocation of Native American tribes from their ancestral lands to designated Indian Territory (present-day Oklahoma)
• The Reservation Period (1850s-1887) involved the establishment of reservations to confine Native American tribes to specific areas and facilitate assimilation efforts
• The Allotment and Assimilation Period (1887-1934) aimed to break up tribal lands into individual allotments and encourage Native Americans to adopt European-American culture (Dawes Act of 1887)
• The Indian Reorganization Act of 1934 marked a shift towards greater tribal self-governance and the restoration of tribal lands
• The Termination Era (1953-1968) sought to end the government-to-government relationship between the U.S. and Native American tribes, leading to the termination of over 100 tribes
• The Self-Determination Era (1968-present) has been characterized by a greater emphasis on tribal sovereignty, self-governance, and the protection of Native American rights (Indian Self-Determination and Education Assistance Act of 1975)

Land Rights and Reservations

• Native American land rights have been a central issue throughout U.S. history, with tribes facing ongoing challenges to maintain control over their ancestral lands
• Early treaties between Native American tribes and the U.S. government often involved the cession of tribal lands in exchange for promises of protection, annuities, and the establishment of reservations
  • However, many of these treaties were broken or not fully upheld by the U.S. government
• The Indian Removal Act of 1830 led to the forced relocation of Native American tribes from their ancestral lands to designated Indian Territory (present-day Oklahoma)
• The reservation system was established in the mid-19th century to confine Native American tribes to specific areas and facilitate assimilation efforts
  • Reservations were often located on less desirable lands and were subject to government control and oversight
• The Dawes Act of 1887 sought to break up tribal lands into individual allotments, with the goal of encouraging Native Americans to adopt European-American farming practices and culture
  • This led to the loss of millions of acres of tribal land and the further erosion of traditional Native American ways of life
• The Indian Reorganization Act of 1934 aimed to restore tribal lands and promote greater tribal self-governance
  • However, the act did not fully address the loss of tribal lands or the ongoing challenges faced by Native American communities
• Today, many Native American tribes continue to fight for the protection and restoration of their ancestral lands, as well as for greater control over the resources within their reservations

Legal Battles and Supreme Court Cases

• Throughout U.S. history, Native American tribes have engaged in numerous legal battles to protect their rights, lands, and sovereignty
• The Marshall Trilogy, a series of Supreme Court cases in the early 19th century, established important legal principles regarding tribal sovereignty and the relationship between the U.S. government and Native American tribes
  • Johnson v. M'Intosh (1823) held that Native American tribes had a right of occupancy but not full ownership of their lands
  • Cherokee Nation v. Georgia (1831) defined Native American tribes as "domestic dependent nations" under the protection of the U.S. government
  • Worcester v. Georgia (1832) affirmed tribal sovereignty and held that states had no authority over Native American tribes
• The case of Ex parte Crow Dog (1883) led to the Major Crimes Act of 1885, which extended federal jurisdiction over certain crimes committed by Native Americans on reservations
• United States v. Winans (1905) upheld the treaty rights of Native American tribes to fish in their usual and accustomed places, even if those places were outside of reservation boundaries
• The case of Lone Wolf v. Hitchcock (1903) affirmed the plenary power of Congress over Native American affairs, including the ability to abrogate treaties
• In the 20th century, cases such as Williams v. Lee (1959) and McClanahan v. Arizona State Tax Commission (1973) upheld tribal sovereignty and limited state jurisdiction on reservations
• More recent cases, such as McGirt v. Oklahoma (2020), have addressed issues of tribal jurisdiction and the boundaries of Native American reservations

Contemporary Sovereignty Issues

• Native American tribes continue to face challenges to their sovereignty and self-determination in the modern era
• The recognition of tribal sovereignty is essential for tribes to maintain their cultural identities, govern their own affairs, and protect their lands and resources
• Tribal jurisdiction remains a complex issue, with ongoing debates over the extent of tribal authority over non-Native individuals and businesses operating on reservations
  • This has implications for criminal justice, taxation, and economic development on tribal lands
• Native American tribes have increasingly asserted their treaty rights, particularly in areas such as hunting, fishing, and water rights
  • The protection of these rights is crucial for maintaining traditional Native American ways of life and ensuring the sustainability of tribal communities
• The development of natural resources on tribal lands, such as oil, gas, and minerals, has led to conflicts between tribes, states, and private companies
  • Tribes seek to balance economic development with the protection of their lands, resources, and cultural heritage
• The federal trust responsibility, which obligates the U.S. government to protect tribal lands, resources, and interests, remains a key aspect of contemporary tribal sovereignty
  • However, the U.S. government has often fallen short in fulfilling this responsibility, leading to ongoing legal and political challenges
• Tribal self-governance and economic development initiatives have become increasingly important for Native American tribes as they work to build sustainable communities and assert their sovereignty in the modern world

Cultural and Social Impact

• The erosion of tribal sovereignty and the dispossession of Native American lands have had profound and lasting impacts on Native American cultures and societies
• The forced relocation and assimilation policies of the 19th and early 20th centuries led to the disruption of traditional Native American ways of life, the loss of cultural practices, and the fragmentation of tribal communities
  • The boarding school system, which removed Native American children from their families and communities, had particularly devastating effects on cultural continuity and family structures
• The loss of ancestral lands and the confinement of Native American tribes to reservations have contributed to ongoing issues of poverty, health disparities, and limited economic opportunities in many Native American communities
• Despite these challenges, Native American tribes have demonstrated remarkable resilience in preserving their cultural identities and traditional practices
  • Many tribes have actively worked to revitalize their languages, cultural practices, and traditional knowledge systems
• The protection of sacred sites and the repatriation of cultural objects and ancestral remains have been important issues for Native American tribes in recent decades
  • The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 has facilitated the return of many cultural items and human remains to their respective tribes
• Native American tribes have also sought to assert their sovereignty through the development of cultural tourism, the promotion of traditional arts and crafts, and the protection of intellectual property rights
  • These efforts have helped to generate economic opportunities and raise awareness of Native American cultures and histories
• The ongoing struggle for tribal sovereignty and self-determination is closely tied to the cultural and social well-being of Native American communities, as it provides the foundation for preserving and strengthening Native American identities and ways of life