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   Extermination and Conquest
1778 - 1850 Control by Treaties
1850 - 1924 Forced Acculturation
1925 - 1950 Cultural Pluralism
1950 - 1960 Termination Period
1960 - 1990 Development and Self-rule
1990 - Attack on Sovereignty and Treaties
1954 - Present Convergent of Minority Group Interests
Civil Rights, Affirmative Action, Reentrenchment
 
Control By Treaties
Date
Law/Policy
1778 Continental Congress affirmed that US policy toward Native Americans would the same as British policy.
1787 Ordinance for the Government of the Territory of the United States Northwest Ordinance of the Ohio River, July 13, 1787 (adopted as amended ch. 8, 1 Stat. 50), art. 3
1789 Deed from the Six Nations of Indians to the State of Pennsylvania, January, 1789
1789 Articles of Agreement Between the Chiefs, etc. of the Six Nations of Indians and the Commissioners of Pennsylvania . January 9, 1789. 
1792 Agreement with the Five Nations of Indians, 1792. April 23, 1792. 
1793 Nonintercourse Act of Mar. 1, 1793, ch. 19, S 8, 1 Stat. 329, 330.
1794 Treaty signed with Oneida, Tuscarora, and Stockbridge tribes
1797 Agreement with the Seneca, 1797. Sept. 15, 1797. 7 Stat 601
1798 Treaty with the Cherokee, October 2, 1798. 7 Stat 62
1801 Treaty with the Chickasaw, 1801. October 24, 1801. 7 Stat 66
1802 Trade and Intercourse Act, Ch. 33, 1 Stat. 137 (1790). Congress passed a series of such acts until 1834. 
1803 Treaty with the Delawares, etc., 1803. June 7, 1803. 7 Stat 74
  Treaty with the Eel River, etc. 1803. August 7, 1803. 7 Stat 77
  Treaty with the Kaskaskia, 1803. August 13, 1803. 7 Stat 78
1804 Treaty with Piankeshaw, 1804. August 27, 1804. 7 Stat 83
  Treaty with the Sauk and Foxes, 1804. November 3, 1804. 7 Stat 84
1805 Treaty with the Chickasaw, 1805. July 23, 1805. 7 Stat 89
  Treaty with the Cherokee, 1805. October 25, 1805. 7 Stat 93
  Treaty with the Piankashaw, 1805. December 30, 1805. 7 Stat 100
1807 Treaty with the Ottawa, etc., 1807. November 17, 1807. 7 Stat 105
1808 Treaty with the Chippewa, etc. 1808. November 25, 1808. 7 Stat 112
1814 Treaty with the Creeks, 1814. August 9, 1814. 7 Stat 120
1815 Treaty with the Piankashaw, 1815. July 18, 1815. 7 Stat 124
  Treaty with the Kickapoo, 1815. September 2, 1815. 7 Stat 130
  Treaty with the Wyandot, etc., 1815. September 8, 1815. 7 Stat 131
  Treaty with the Osage, 1815. September 12, 1815. 7 Stat 133
  Treaty with the Iowa, 1815. September 16, 1815. 7 Stat 136
1816 Treaty with the Sioux, 1816. June 1, 1816. 7 Stat 143
  Treaty with the Winnebago, 1816. June 3, 1816. 7 Stat 144
  Treaty with the Wea and Kickapoo, 1816. June 4, 1816. 7 Stat 145
  Treaty with the Ottawa, etc., 1816. August 24, 1816. 7 Stat 146
1817 Treaty with the Menominee, 1817. March 30, 1817. 7 Stat 153
  Treaty with the Cherokee, 1817. July 8, 1817. 7 Stat 156
  Treaty with the Wyandot, etc., 1817. September 29, 1817. 7 Stat 160
1818 Agreement (Treaty) with the Piankeshaw, 1818. January 3, 1818. 
  Treaty with the Wyandot, etc., 1818. September 17, 1818. 7 Stat 178
  Treaty with the Osage, 1818. September 25, 1818. 7 Stat 183
1819 Treaty with the Kickapoo, 1 19. July 30, 1819. 7 Stat 200
1819 Federal allocation of money for Native Americans' education; 
Indian Service established.
  Civilization Fund Act
1823 Agreement (Treaty) with the Seneca, 1823. September 3, 1823. 
1824 Bureau of Indian Affairs (BIA) established within the War Department
1825 Treaty with the Osage, 1825. June 2, 1825. 7 Stat 240
1826 Treaty with the Creeks, 1826. January 24, 1826. 7 Stat 286
  Treaty with the Miami, 1826. October 23, 1826. 7 Stat 300
1828 Treaty with the Western Cherokee, 1828. May 6, 1828. 7 Stat 311
1830 Indian Removal Act, 4 Stat. 411 (1830).
  Treaty with the Chickasaw, 1830. August 31, 1830. 
  Treaty with the Choctaw, 1830. September 27, 1830. 7 Stat 333
1831 Cherokee Nation v. State of Ga., 30 U.S. 1, 5 Pet. 1, 8 L.Ed. 25 (Mem) (U.S.Ga., Jan Term 1831) (Supreme Court recognized tribes as "domestic dependent nations")
  Treaty with the Seneca, 1831. February 28, 1831. 7 Stat 348
  Treaty with the Seneca, etc., 1831. July, 20, 1831. 7 Stat 351
  Treaty with the Shawnee, 1831. August 8, 1831. 7 Stat 355
  Treaty with the Ottawa, 1831. August 30, 1831. 7 Stat 359
1832 Worcester v. State of Ga., 31 U.S. 515, 6 Pet. 515, 8 L.Ed. 483 (Mem) (U.S.Ga., Jan Term 1832) (Supreme Court declared Indian tribes ("nations") had a right to self-government)
  Treaty with the Sauk and Foxes, 1832. September 21, 1832. 7 Stat 374
  Treaty with the Chickasaw, 1832. October 20, 1832. 7 Stat 381
  Treaty with the Shawnee, Etc., 1832. October 26, 1832. 7 Stat 397
  Treaty with the Potawatomi, 1832. October 27, 1832. 7 Stat 399
  Treaty with the Kaskaskia, Etc., 1832. October 27, 1832. 7 Stat 403
  Treaty with the Piankashaw and Wea, 1832. October 29, 1832. 7 Stat 410
  Treaty with the Seneca and Shawnee, 1832. December 29, 1832. 7 Stat 411
1833 Treaty with the Western Cherokee, 1833. February 14, 1833. 7 Stat 414
  Treaty with the Creeks, 1833. February 14, 1833. 7 Stat 417
  Treaty with the Appalachicola Band, 1833. June 18, 1833. 7 Stat 427
  Treaty with the Chippewa, Etc., 1833. September 26, 1833. 7 Stat 431
1834 Congress declared an Indian Territory in what is now Oklahoma
  Treaty with the Miami, 1834. October 23, 1834. 7 Stat 458
  Agreement (treaty) with the Cherokee, 1835. March 14, 1835. 
1835 Treaty with the Cherokee, 1835. December 29, 1835. 7 Stat 478
1836 Treaty with the Menominee, 1836. September 3, 1836. 7 Stat 506
1837 Treaty with the Chippewa, 1837. January 14, 1837. 7 Stat 528
  Treaty with the Potawatomi, 1837. February 11, 1837. 7 Stat 532
  Treaty with the Kiowa, Etc., 1837. May 26, 1837. 7 Stat 533
  Treaty with the Sauk and Foxes, 1837. October 21, 1837. 7 Stat 540
  Treaty with the Sauk and Foxes, 1837. October 21, 1837. 7 Stat 543
  Treaty with the Winnebago, 1837. November 1, 1837. 7 Stat 544
1838 Treaty with the New York Indians, 1838. January 15, 1838. 7 Stat 550
  Treaty with the Iowa, 1838. October 19, 1838. 7 Stat 568
1839 Treaty with the Osage, 1839. January 11, 1839. 7 Stat 576
  Treaty with the Chippewa, 1839. February 7, 1839. 7 Stat 578
1840 Treaty with the Miami, 1840. November 28, 1840. 7 Stat 582
1846 Treaty with the Potawatomi Nation, 1846. June 5 and 17, 1846. 9 Stat 853
  Treaty with the Cherokee, 1846. August 6, 1846. 9 Stat 871
1847 Treaty with the Chippewa Of the Mississippi and Lake Superior, 1847. August 2, 1847. 9 Stat 904
1848 Treaty with the Menominee, 1848. October 18, 1848. 9 Stat 952
  Treaty with the Stockbridge Tribe, 1848. November 24, 1848. 9 Stat 955
1851 Treaty with the Si-yan-te, Etc., 1851. March 19, 1851. 
  Treaty with the Taches, Cah-wai, Etc., 1851. May 13, 1851. 
  Treaty with the Ko-ya-te, Wo-a-si, Etc., 1851. May 30, 1851. 
  Treaty with the Chu-nute, Wo-wol, Etc., 1851. June 3, 1851. 
  Treaty with the Castake, Texon, Etc., 1851. June 10, 1851. 
  Treaty with the Ca-la Na-po, Etc., 1851. August 20, 1851. 
  Treaty with the Sai-nell, Yu-ki-as, Etc., 1851. August 22, 1851. 
  Treaty Of Fort Laramie, 1851. September 17, 1851. 
  Treaty with the Pohlik Or Lower Klamath, Etc., 1851. October 6, 1851
  Treaty with the Upper Klamath, Shasta and Scott's River, 1851. November 4, 1851
1852 Treaty with the Chickasaw, 1852. June 22, 1852. 10 Stat 974
 
1854 Treaty with the Oto and Missouri, 1854. March 15, 1854. 10 Stat 1038
  Treaty with the Omaha, 1854. March 16, 1854. 10 Stat 1043
  Treaty with the Delawares, 1854. May 6, 1854. 10 Stat 1048
  Treaty with the Iowa, 1854. May 17, 1854. 10 Stat 1069
  Treaty with the Sauk and Foxes Of Missouri, 1854. May 18, 1854. 10 Stat 1074
  Treaty with the Kickapoo, 1854. May 18, 1854. 10 Stat 1078
  Treaty with the Kaskaskia, Peoria, Etc., 1854. May 30, 1854. 10 Stat 1082
  Treaty with the Miami, 1854. June 5, 1854. 10 Stat 1093
  Treaty with the Chippewa, 1854. September 30, 1854. 10 Stat 1109
  Treaty with the Rogue River, 1854. November 15, 1854. 10 Stat 1119
1855 Treaty with the Kalapuya, Etc., 1855. January 22, 1855. 10 Stat 1143
  Treaty with the Wyandot, 1855. January 31, 1855. 10 Stat 1159
  Treaty with the Chippewa, 1855. February 22, 1855. 10 Stat 1165
  Treaty with the Winnebago, 1855. February 27, 1855. 10 Stat 1172
  Treaty with the Wallawalla, Cayuse, Etc., 1855. June 9, 1855. 12 Stat 945
  Treaty with the Yakima, 1855. June 9, 1855. 12 Stat 951
  Treaty with the Nez Perces, 1855. June 11, 1855. 12 Stat 957
  Treaty with the Choctaw and Chickasaw, 1855. June 22, 1855. 11 Stat 611
  Treaty with the Ottawa and Chippewa, 1855. July 31, 1855. 11 Stat 621
  Treaty with the Chippewa Of Saginaw, Etc., 1855. August 2, 1855. 11 Stat 633
  Treaty with the Capote Band Of Utahs In New Mexico, August 8, 1855. 
  Treaty with the Mohuache Band Of the Utahs, In New Mexico, September 11, 1855
  Treaty with the Blackfeet, 1855. October 17, 1855. 11 Stat 657
  Treaty with the Molala, 1855. December 21, 1855. 12 Stat 981
1856 Treaty with the Stockbridge and Munsee, 1856. February 5, 1856. 11 Stat 663
  Treaty with the Menominee, 1856. February 11, 1856. 11 Stat 679
  Treaty with the Creeks, Etc., 1856. August 7, 1856. 11 Stat 699
1857 Treaty with the Pawnee, 1857. September 24, 1857. 11 Stat 729
  Treaty with the Seneca, Tonawanda Band, 1857. Nov. 5, 1857. 11 Stat 735
1858 Treaty with the Ponca, 1858. March 12, 1858. 12 Stat 997
  Treaty with the Yankton Sioux, 1858. April 19, 1858. 11 Stat 743
  Treaty with the Sioux, 1858. June 19, 1858. 12 Stat 1031
  Treaty with the Sioux, 1858. June 19, 1858. 12 Stat 1037
1859 Treaty with the Winnebago, 1859. April 15, 1859. 12 Stat 1101
  Treaty with the Chippewa, Etc., 1859. July 16, 1859. 12 Stat 1105
  Treaty with the Sauk and Foxes, 1859. October 1, 1859. 15 Stat 467
  Treaty with the Kansa Tribe, 1859. October 5, 1859. 12 Stat 1111
1860 Treaty with the Delawares, 1860. May 30, 1860. 12 Stat 1129
1861 Treaty with the Arapaho and Cheyenne, 1861. February 18, 1861. 12 Stat 1163
  Treaty with the Sauk and Foxes, Etc., 1861. March 6, 1861. 12 Stat 1171
  Treaty with the Potawatomi, 1861. November 15, 1861. 12 Stat 1191
1862 Treaty with the Kickapoo, 1862. June 28, 1862. 12 Stat 1249
  Act July 5, 1862, c. 135, 1, 12 Stat. 528; (codified at 25 U.S.C.A. S 72) (Abrogation of Treaties- "Whenever the tribal organization of any Indian tribe is in actual hostility to the United States, the President is authorized, by proclamation, to declare all treaties with such tribe abrogated by such tribe if in his opinion the same can be done consistently with good faith and legal and national obligations").
1863 Treaty with the Chippewa Of the Mississippi and the Pillager and Lake Winnibigoshish Bands, 1863. March 11, 1863. 12 Stat 1249
  Treaty with Great and Little Osages, 1863. August 29, 1863 
  Treaty with Mixed Bands Of Bannacks and Shoshonees, October 14, 1863 October 14, 1863 
1864 Treaty with the Chippewa, Mississippi, and Pillager and Lake Winnibigoshish Bands, 1864. May 7, 1864. 13 Stat 693
1865 Agreement (treaty) with the Cherokee and Other Tribes In the Indian Territory, 1865. September 13, 1865. 
  Treaty with the Osage, 1865. September 29, 1865. 14 Stat 687
  Treaty with the Cheyenne and Arapaho, 1865. October 14, 1865. 14 Stat 703
  Treaty Between the United States and the Blackfoot Nation Of Indians, Etc., November 16, 1865. 
1866 Treaty with the Seminole, 1866. March 21, 1866. 14 Stat 755
  Treaty with the Chippewa - - Bois Fort Band, 1866. April 7, 1866. 14 Stat 765
  Treaty with the Choctaw and Chickasaw, 1866. April 28, 1866. 14 Stat 769
  Treaty with the Creeks, 1866. June 14, 1866. 14 Stat 785
  Treaty with the Delawares, 1866. July 4, 1866. 14 Stat 793
  Treaty with Crow Nation Of Indians, Montana, July 16, 1866. 
  Treaty with the Assiniboines, July 18, 1866 July 18, 1866. 
  Treaty with the Cherokee, 1866. July 19, 1866. 14 Stat 799
  Agreement At Fort Berthold, 1866. July 27, 1866. 
1867 Treaty with the Sauk and Foxes, 1867. February 18, 1867. 15 Stat 495
  Treaty with the Seneca, Mixed Seneca and Shawnee, Quapaw, Etc., 1867. February 23, 1867. 15 Stat 513
  Treaty with the Potawatomi, 1867. February 27, 1867. 15 Stat 531
  Agreement (treaty) with the Shawnee Tribe Of Indians, 1867. March 2, 1867.
  Treaty with the Kiowa and Comanche, 1867. October 21, 1867. 15 Stat 581
  Treaty with the Cheyenne and Arapaho, 1867. October 28, 1867. 15 Stat 593
1868 Treaty with the Ute, 1868. March 2, 1868. 15 Stat 619
  Treaty with the Sioux - - Brule, Oglala, Miniconjou, Yanktonai, Hunkpapa, Blackfeet, Cuthead, Two Kettle, Sans Arcs, and Santee - - and Arapaho, 1868. April 29, 1868. 15 Stat 635
  Treaty with the Crows, 1868. May 7, 1868. 15 Stat 649
  Treaty with the Northern Cheyenne and Northern Arapaho, 1868. May 10, 1868, 15 Stat 655
  Treaty with the Navaho, 1868. June 1, 1868. 15 Stat 667
  Treaty with the Eastern Band Shoshoni and Bannock, 1868. July 3, 1868. 15 Stat 673
  Agreement (treaty) with the Gros Ventres Tribe Of Indians, 1868. July 13, 1868. 
  Agreement (treaty) with the River Crow Tribe Of Indians, 1868. July 15, 1868. 
  Treaty with the Blackfoot, Etc., 1868. September 1, 1868. 
  Treaty with Shoshones, Bannacks, and Sheepeaters, September 24, 1868 September 24, 1868. [Back]


 
Forced Acculturation
Date
Law/Policy
1871 Act of Mar. 3, 1871, ch. 120, S 3, 16 Stat. 544, 570. 566 (codified at 25 U.S.C. S 71 (1994)) (Congressional act forbad further treaties with Native American tribes - Tribes became wards of the government).
1887 Dawes Severalty Act (General Allotment Act)
1896 Ward v. Race Horse, 163 U.S. 504 (1896).
1898 Curtis Act ended tribal governments of tribes refusing allotment
1924 Snyder Act made Native Americans citizens of the United States [Back]


 
The New Deal and Cultural Pluralism
Date
Law/Policy
1934 Indian Reorganization Act (Wheeler-Howard Act
Johnson-O'Malley Act
1946 Indian Claims Commission established
1948 Native Americans granted right to vote Arizona and New Mexico
1950 US Court of Claims awarded over $30 million to Colorado Utes for land illegally taken from them [Back]


 
Termination Period
Date
Law/Policy
1952 Relocation Program
1953 Congressional Act enabled non reservation Native Americans to buy alcoholic beverages
House Concurrent Resolution 108 "Termination Policy" [Back]


 
Development and Self Rule
Date
Law/Policy
1960 Area Redevelopment Act
1965 Elementary and Secondary Education Act
Senate Special Subcommittee on Indian Education
Voter Registration Act
1967 Great Society Program
1968 "Indian Civil Rights Act"
1970 President Richard Nixon's special message to Congress advocated Native American self-determination
Congressional Act returned land to Taos Pueblos of New Mexico
1971 Alaska Native Claims Settlement Act
1972 Indian Education Act
1973 Meminee Restoration Act revoked termination of the Menominee and restored tribal status
1974 Indian Finance Act
1975 Indian Self-Determination and Education Assistance Act of 1975
1976 Indian Health Care Improvement Act provided funds for hospital renovation and scholarships to enter Indian Health Service
1978 Educational Amendments Act - Title XI
Tribally Controlled Community College Assistance Act
Indian Child Welfare Act
Out of Court settlement resulted in Passamaquoddy and Penobscot tribes in main being given money and land in return for land taken illegally
American Indian Religious Freedom Act of 1978
1979 Supreme Court upheld fishing rights claims of Native American tribes in the state of Washington
1980 Native American tribes in Main received a settlement of their land claims
Interagency Indian Taskforce
1983 Private sector's role in economic development of reservations stressed "Indian Enterprise Zones" announced
Department of Health and Human Services set New eligibility rules for people receiving medical treatment from Indian Health Services
1986 American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act of 1986
1989 Brendale v. Confederated Yakima Indian Nation
1990 Congress passed Legislation to "encourage and support the use of Native American languages in schools
Employment Division v. Smith
Native American Graves Protection and Repatriation Act of 1990 (NAGPRA)
1991 Experiment in self-government [Back]
1993 Reclamation's Indian Trust Asset Policy of 1993 (ITA)
1994 Indian Dams Safety Act of 1994


 
Attack on Soverenity and Treaties
Date Law/Policy
[Back]

The Northwest Ordinance of July 13, 1787 :

"(t)he utmost good faith shall always be observed towards the Indians; their land and property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress . . . . "

 


The Trade and Intercourse Act of 1790

Trade and Intercourse Act, S 1.

"(N)o person shall be permitted to carry on any trade or intercourse with the Indian tribes, without a license of that purpose under the hand and seal of . . . such . . . person as the President of the United States shall appoint for that purpose . . . .").

Trade and Intercourse Act, S 4.

(N)o sale of lands made by any Indians, or any nation or tribe of Indians within the United States, shall be valid to any person or persons, or to any state . . . unless the same shall be made and duly executed at some public treaty, held under the authority of the United States.

 


Ward v. Race Horse, 163 U.S. 504 (1896).

Under equal footing doctrine, Wyoming has right to apply its laws, which place limits on the killing of game, to off reservation hunting by a member of the Bannock tribe, despite Bannock tribe's pre statehood treaty right to hunt "upon the unoccupied lands of the United States"

 


Non intercourse Act, FN184. Act of Mar. 1, 1793, ch. 19, S 8, 1 Stat. 329, 330.

No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of $1,000. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty.

 


Indian Removal Act, 4 Stat. 411 (1830).

In 1830, Congress passed the Indian Removal Act in order to relocate eastern tribes to the West. Congressional control over the Native American tribes expanded with the enactment of laws emphasizing the "education and civilization" of Indian children in order to assimilate Native American culture into that of the majority culture.

 


Worcester v. Georgia, 31 U.S. 515 (1832).

In Worcester, the Court voided a piece of Georgia legislation that contravened the Cherokee nation's right of tribal sovereignty. The Court interpreted treaty language stating that the United States would be "managing all [the tribes'] affairs," to refer primarily to managing trade with Indians and to exclude Indian self- government. The Court further explained that because the Cherokee nation was under the "protection of the United States," the tribe was receiving the protection of one more powerful but not abandoning their national character and submitting as subjects to the laws of a master. I The Court reasoned that to have "divested themselves of the right of self- government on subjects not concerned with trade ... could not be for the benefit and comfort" of the Indian tribes.

 


Civilization Fund Act (1819).

"Be it enacted ..., [t]hat for the purpose of providing against the further decline and final extinction of the Indian tribes, ... and for introducing among them the habits and arts of civilization ...."

 


Cherokee Nation v. State of Ga.

"Though the Indians are acknowledged to have an unquestionable, and, heretofore, unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our government; yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can, with strict accuracy, be denominated foreign nations. They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.

They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the president as their great father. They and their country are considered by foreign nations, as well as by ourselves, as being so completely under the sovereignty and dominion of the United States, that any attempt to acquire their lands, or to form a political connexion with them, would be considered by all as an invasion of our territory, and an act of hostility.

These considerations go far to support the opinion, that the framers of our constitution had not the Indian tribes in view, when they opened the courts of the union to controversies between a state or the citizens thereof, and foreign states."

 


Worcester v. State of Ga., 31 U.S. 515, 6 Pet. 515, 8 L.Ed. 483 (Mem) (U.S.Ga., Jan Term 1832)

to prevent the exercise of assumed and arbitrary power by persons under pretext of authority from the Cherokee Indians, and providing for imprisonment of persons who should reside among such Indians within the Cherokee Nation without first obtaining authority to do so from the governor of the state, is in violation of he constitutional provision granting to the United States the exclusive power to regulate intercourse with foreign nations.

The decision of a state court of last resort in a prosecution under a statute of that state for residing within the territory of an Indian nation in that state, contrary to law, overruling a plea that defendant entered such country with the permission of the Indian nation pursuant to a treaty between it and the United States, by which treaty the United States acknowledged such Indian nation to be a sovereign nation, and that the statute of the state prohibiting his residing therein was repugnant to such treaty, is a decision drawing in question the validity of a treaty of the United States, and also the validity of a state statute, because if its alleged repugnancy to the treaties and laws of the United States, and is in favor of the validity of such state statute, within Judiciary Act, S 25, 28 U.S.C.A. S 344, giving the supreme court of the United States jurisdiction to review the decisions of state courts of last resort in such cases. 



 
Forced Acculturation
Date
Law/Policy
1871 Act of Mar. 3, 1871, ch. 120, S 3, 16 Stat. 544, 570. 566 (codified at 25 U.S.C. S 71 (1994)) (Congressional act forbad further treaties with Native American tribes - Tribes became wards of the government).
1887 Dawes Severalty Act (General Allotment Act)
1896 Ward v. Race Horse, 163 U.S. 504 (1896).
1898 Curtis Act ended tribal governments of tribes refusing allotment
1924 Snyder Act made Native Americans citizens of the United States


 
The New Deal and Cultural Pluralism
Date
Law/Policy
1934 Indian Reorganization Act (Wheeler-Howard Act
Johnson-O'Malley Act
1946 Indian Claims Commission established
1948 Native Americans granted right to vote Arizona and New Mexico
1950 US Court of Claims awarded over $30 million to Colorado Utes for land illegally taken from them


 
Termination Period
Date
Law/Policy
1952 Relocation Program
1953 Congressional Act enabled non reservation Native Americans to buy alcoholic beverages
House Concurrent Resolution 108 "Termination Policy"


 
Development and Self Rule
Date
Law/Policy
1960 Area Redevelopment Act
1965 Elementary and Secondary Education Act
Senate Special Subcommittee on Indian Education
Voter Registration Act
1967 Great Society Program
1968 "Indian Civil Rights Act"
1970 President Richard Nixon's special message to Congress advocated Native American self-determination
Congressional Act returned land to Taos Pueblos of New Mexico
1971 Alaska Native Claims Settlement Act
1972 Indian Education Act
1973 Meminee Restoration Act revoked termination of the Menominee and restored tribal status
1974 Indian Finance Act
1975 Indian Self-Determination and Educational Assistance Act
1976 Indian Health Care Improvement Act provided funds for hospital renovation and scholarships to enter Indian Health Service
1978 Educational Amendments Act - Title XI
Tribally Controlled Community College Assistance Act
Indian Child Welfare Act
Out of Court settlement resulted in Passamaquoddy and Penobscot tribes in main being given money and land in return for land taken illegally
1979 Supreme Court upheld fishing rights claims of Native American tribes in the state of Washington
1980 Native American tribes in Main received a settlement of their land claims
Interagency Indian Taskforce
1983 Private sector's role in economic development of reservations stressed "Indian Enterprise Zones" announced
Department of Health and Human Services set New eligibility rules for people receiving medical treatment from Indian Health Services
1989 Brendale v. Confederated Yakima Indian Nation
1990 Congress passed Legislation to "encourage and support the use of Native American languages in schools
Employment Division v. Smith
1991 Experiment in self-government


 
Attack on Soverenity and Treaties
Date Law/Policy

The Northwest Ordinance of July 13, 1787 :

"(t)he utmost good faith shall always be observed towards the Indians; their land and property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress . . . . "

 


The Trade and Intercourse Act of 1790

Trade and Intercourse Act, S 1.

"(N)o person shall be permitted to carry on any trade or intercourse with the Indian tribes, without a license of that purpose under the hand and seal of . . . such . . . person as the President of the United States shall appoint for that purpose . . . .").

Trade and Intercourse Act, S 4.

(N)o sale of lands made by any Indians, or any nation or tribe of Indians within the United States, shall be valid to any person or persons, or to any state . . . unless the same shall be made and duly executed at some public treaty, held under the authority of the United States.

 


Ward v. Race Horse, 163 U.S. 504 (1896).

Under equal footing doctrine, Wyoming has right to apply its laws, which place limits on the killing of game, to off reservation hunting by a member of the Bannock tribe, despite Bannock tribe's pre statehood treaty right to hunt "upon the unoccupied lands of the United States"

 


Non intercourse Act, FN184. Act of Mar. 1, 1793, ch. 19, S 8, 1 Stat. 329, 330.

No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of $1,000. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty.

 


Indian Removal Act, 4 Stat. 411 (1830).

In 1830, Congress passed the Indian Removal Act in order to relocate eastern tribes to the West. Congressional control over the Native American tribes expanded with the enactment of laws emphasizing the "education and civilization" of Indian children in order to assimilate Native American culture into that of the majority culture.

 


Worcester v. Georgia, 31 U.S. 515 (1832).

In Worcester, the Court voided a piece of Georgia legislation that contravened the Cherokee nation's right of tribal sovereignty. The Court interpreted treaty language stating that the United States would be "managing all [the tribes'] affairs," to refer primarily to managing trade with Indians and to exclude Indian self- government. The Court further explained that because the Cherokee nation was under the "protection of the United States," the tribe was receiving the protection of one more powerful but not abandoning their national character and submitting as subjects to the laws of a master. I The Court reasoned that to have "divested themselves of the right of self- government on subjects not concerned with trade ... could not be for the benefit and comfort" of the Indian tribes.

 


Civilization Fund Act (1819).

"Be it enacted ..., [t]hat for the purpose of providing against the further decline and final extinction of the Indian tribes, ... and for introducing among them the habits and arts of civilization ...."

 


Cherokee Nation v. State of Ga.

"Though the Indians are acknowledged to have an unquestionable, and, heretofore, unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our government; yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can, with strict accuracy, be denominated foreign nations. They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.

They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the president as their great father. They and their country are considered by foreign nations, as well as by ourselves, as being so completely under the sovereignty and dominion of the United States, that any attempt to acquire their lands, or to form a political connexion with them, would be considered by all as an invasion of our territory, and an act of hostility.

These considerations go far to support the opinion, that the framers of our constitution had not the Indian tribes in view, when they opened the courts of the union to controversies between a state or the citizens thereof, and foreign states."

 


Worcester v. State of Ga., 31 U.S. 515, 6 Pet. 515, 8 L.Ed. 483 (Mem) (U.S.Ga., Jan Term 1832)

to prevent the exercise of assumed and arbitrary power by persons under pretext of authority from the Cherokee Indians, and providing for imprisonment of persons who should reside among such Indians within the Cherokee Nation without first obtaining authority to do so from the governor of the state, is in violation of he constitutional provision granting to the United States the exclusive power to regulate intercourse with foreign nations.

The decision of a state court of last resort in a prosecution under a statute of that state for residing within the territory of an Indian nation in that state, contrary to law, overruling a plea that defendant entered such country with the permission of the Indian nation pursuant to a treaty between it and the United States, by which treaty the United States acknowledged such Indian nation to be a sovereign nation, and that the statute of the state prohibiting his residing therein was repugnant to such treaty, is a decision drawing in question the validity of a treaty of the United States, and also the validity of a state statute, because if its alleged repugnancy to the treaties and laws of the United States, and is in favor of the validity of such state statute, within Judiciary Act, S 25, 28 U.S.C.A. S 344, giving the supreme court of the United States jurisdiction to review the decisions of state courts of last resort in such cases.