It is no surprise that American Indian tribes are mentioned in our Constitution. Indian tribes have always played a major part in the non-Indian exploration, settlement, and development of this country. When Christopher Columbus thought he had discovered the “New World” in 1492, it is estimated that 10-30 million native people lived in North America, that is, in the present day countries of Mexico, United States and Canada. These millions of people lived under governments of varying sophistication and complexity. These native governments were viable and fully operational political bodies which controlled their citizens and their territories and were an important factor in the development of the United States government we live under today. …show more content…
From the very beginning of its existence, the U.S. dealt with Indian tribes on an official governmental and treaty making basis. Political involvement in Indian affairs was a very important part of governmental life in early America. Indian tribes were very powerful in the 1700s and early 1800s in America and were a serious threat to the new United States. Hence, the United States government was heavily involved in negotiating and dealing with tribes as part of its governmental policies. The United States ultimately negotiated, signed and ratified almost 390 treaties with American Indian tribes. Most of these treaties are still valid today. The United States did not give Indian tribes anything for free in these treaties. Instead, the treaties were formal government to government negotiations regarding sales of land and property rights that the tribes owned and that the United States wanted to buy. The United States Supreme Court stated in 1905 that United States and Indian treaties are “not a grant of rights to the Indians, but a grant of rights from them — a reservation of those not granted.” Thus, while tribal governments sold some of their rights in land, animals, and resources to the United States for payments of money, goods, and promises of peace and security, the tribes held onto or reserved to themselves other lands and property rights that they …show more content…
This Congress also had to manage Indian affairs and keep the tribes from fighting against the United States. The new Congress also sent diplomatic representatives to the tribes and promised friendship and peace, and ultimately it signed eight treaties with Indian tribes between 1781-1789, including treaties with the Iroquois Confederacy, the Cherokee Tribe, the Shawnee Tribe and numerous other tribes. However, this Congress’ power in Indian affairs was limited because the Articles of Confederation did not clearly give this Congress the exclusive power to deal with tribes. Thus, various states meddled in Indian affairs and actually caused wars between tribes and Georgia and South Carolina, for example, because the states were trying to steal Indian lands. The problems caused by states getting involved in Indian affairs led many people to call for the formation of a new and stronger United States government wherein the exclusive power over Indian affairs would be placed only in the hands of the national government and would be taken completely away from the
The article “The Founding Indian Fathers” by Jack Weatherford is about how the Indians contributed to the American Government and how we went off the Indians system. We see how they had a council of each of the separate nations just how we do now. We also followed how one person wasn’t allowed to hold one position and hold another so they wouldn’t be so powerful. Another thing was that in their meetings there were no interruptions when someone was speaking. The caucus was another thing that was copied. One thing that I learned was that the Chiefs of the Indians had nothing to do with the government he was to perform rituals and other ceremonies. I think the authors main point was to show how the American government derived from that of the
Tribal lands were not all purely native Americans. Interracial marriages encouraged the potential for bully and abuse within their own tribal lands. This encouraged formal acts of government within the tribes such as, court trials that resulted in the extension of Native American sovereignty. But it also allowed for the tribes to govern themselves “legal grey areas” which were clearly evident to the Native Americans and many conflicts arose because of the procrastination of fixing the problem at hand. Native Americans have fought against the suppression of rights and discrimination but persevered adopting new rights to vote, along with the ability to self-govern their own communities and deal with their own domestic laws under the United States of
Unfortunately, this great relationship that was built between the natives and the colonists of mutual respect and gain was coming to a screeching halt. In the start of the 1830s, the United States government began to realize it’s newfound strength and stability. It was decided that the nation had new and growing needs and aspirations, one of these being the idea of “Manifest Destiny”. Its continuous growth in population began to require much more resources and ultimately, land. The government started off as simply bargaining and persuading the Indian tribes to push west from their homeland. The Indians began to disagree and peacefully object and fight back. The United States government then felt they had no other option but to use force. In Indian Removal Act was signed by Andrew Jackson on May 18, 1830. This ultimately resulted in the relocation of the Eastern tribes out west, even as far as to the edge of the Great Plains. A copy of this act is laid out for you in the book, Th...
In regard to law, Deloria defines the relationship between the US Government and the Indians as paternalistic. The US Government treated and governed the Indians as a father would by providing basic needs but without given them rights. There has been some improvement with the Indian Reorganization Act in 1934. This act allowed the return to local self-government on a tribal level and restored the self management of their assets. By allowing the Indians to self govern it encouraged an economic foundation for the inhabitants of Indian reservations. Unfortunately only a few tribes have fully taken advantage of this act, while others continue to struggle for survival.
Deloria defines the relationship between the US Government and the Indians as paternalistic. The US Government treated and governed the Indians as a father would by providing basic needs but without given them rights. There has been some improvement with the Indian Reorganization Act in 1934. This act allowed the return to local self-government on a tribal level and restored the self management of their assets. By allowing the Indians to self govern it encouraged an economic foundation for the inhabitants of Indian reservations. Unfortunately only a few tribes have fully taken advantage of this Act, while others struggle for survival.
The US government’s official role in Indian affairs began as far back as the Continental Congress (1786) when the Indian tribes were still considered independent nations with whom the settlers had to make treaties (Jackson 1). The purposes for these interactions were to buy land and to keep peace between encroaching settlers and natives.
In 1831, the Supreme Court of the United States decided that the fact that the U.S. government had made treaties with various Native American nations in the past did not set precedent for treating said nations as independent, sovereign states. Despite the facts that the United States had made legal treaties with Native Americans numerous times and that U.S. law states that the United States can only make treaties with foreign nations, the Supreme Court decision in Cherokee Nation v. Georgia (1831) declared that Native American nations were not sovereign but “domestic dependent” nations, subject to the plenary power of the United States. This abrogation of Cherokee (and, by extension, Native American) sovereignty did not only disrupt
Despite the fact that these agreements were a clear violation of existing British law, they were used later to justify the American takeover of the region. The Shawnee also claimed these lands but, of course, were never consulted. With the Iroquois selling the Shawnee lands north of the Ohio, and the Cherokee selling the Shawnee lands south, where could they go? Not surprisingly, the Shawnee stayed and fought the Americans for 40 years. Both the Cherokee and Iroquois were fully aware of the problem they were creating. After he had signed, a Cherokee chief reputedly took Daniel Boone aside to say, "We have sold you much fine land, but I am afraid you will have trouble if you try to live there."
Beginning in the 1860s and lasting until the late 1780s, government policy towards Native Americans was aggressive and expressed zero tolerance for their presence in the West. In the last 1850s, tribal leaders and Americans were briefly able to compromise on living situations and land arrangements. Noncompliance by Americans, however, resumed conflict. The beginning of what would be called the "Indian Wars" started in Minnesota in 1862. Sioux, angered by the loss of much of their land, killed 5 white Americans. What resulted was over 1,000 deaths, of white and Native Americans. From that point on, American policy was to force Indians off of their land. American troops would force Indian tribe leaders to accept treaties taking their land from them. Protests or resistance by the Indians would result in fighting. On occasion, military troops would even lash out against peaceful Indians. Their aggression became out of control.
On January 27th, 1825 the U.S Congress had its annual meeting to discuss issues going on in the country and on this day one of those issues was agreeing to set aside territory for Native Americans. This Indian Territory was land that was west of the Mississippi River, but did not include the states Louisiana or Missouri, and the Territory of Arkansas. The land was called Indian Territory because it was set aside by the United States government to move the Native Americans that they relocated from the southern part of the United States in order for white settlers to move into to live on. This territory will eventually be called the state of Oklahoma. By setting aside this land it allowed the United States government to relocate the Native Americans
Europeans arrived in the New World set to vanquish and create oppressive rule, with no regard the Native civilization originally there, affect the concord of their relationship for years to come. As the European arrived in the Americas, they never learned to be unified with the Native Americans because they primarily misunderstood them, and they only viewed them from one perspective. European exploration offered an obstacle in terms of adapting to the new found land as well as dealing with the Nations that had claims to the vast lands already. When the Native Americans and encountered the colonist they had mixed views and vice-versa, which eventually led to confusion and immense conflict. This effort of only seeing what they wanted to see
Towards the development of the United States of America there has always been a question of the placement of the Native Americans in society. Throughout time, the Natives have been treated differently like an individual nation granted free by the U.S. as equal U.S. citizens, yet not treated as equal. In 1783 when the U.S. gained their independence from Great Britain not only did they gain land from the Appalachian Mountains but conflict over the Indian policy and what their choice was to do with them and their land was in effect. All the way from the first presidents of the U.S. to later in the late 19th century the treatment of the Natives has always been changing. The Native Americans have always been treated like different beings, or savages, and have always been tricked to signing false treaties accompanying the loss of their homes and even death happened amongst tribes. In the period of the late 19th century, The U.S. government was becoming more and more unbeatable making the Natives move by force and sign false treaties. This did not account for the seizing of land the government imposed at any given time (Boxer 2009).
The federal government proceeded to find a way around this decision and had three minor Cherokee chief’s sign the “Treaty of New Echota” in 1835 giving the Cherokee lands to the government for 5.6 million dollars and free passage west. Congress got the treaty ratified by only one vote. Members of their tribes murdered all three chiefs who took part in the signing of the treaty. After this event there was not much the Cherokee’s could do and were forcibly moved west on what they called and are known today as the ‘Trail of Tears,’ which became a constitutional crisis in our history. In this instance the lack of cooperation between the branches of the government was the downfall for the Cherokee nation. The way the Cherokee’s were forced west caused losses of up to twenty percent of the nation. This figure is only a guess and scholar’s think it was more a third of the nation was lost. The ‘Trail of Tears’ was also a morale issue in the United States, later having an impact on our history the way other Native American races in general are treated in the future.
They united to create the Iroquois Confederacy. They hoped to stop the fighting. Five Native Americans nations joined together and wrote a constitution. The most important rule says “that people should put an end to war and instead settle their differences through peaceful means” (Takacs, 2003, p.12). These ideas inspired our founding fathers to create their own version of the constitution. According to Stubben (2000), “the scholarly debate has gone beyond proving that indigenous societies did influence the development of American democratic norms, values, and institutions to defining the degree of such influence”. The ideas and organization of Native Americans influenced the American government. Each nation chose a chief to represent their tribe. The chiefs met to discuss problems and create solutions so that everyone would be on the same page. They worked together worked together to
One of the critical tasks that faced the new nation of the United States was establishing a healthy relationship with the Native Americans (Indians). “The most serious obstacle to peaceful relations between the United States and the Indians was the steady encroachment of white settlers on the Indian lands. The Continental Congress, following [George] Washington’s suggestion, issued a proclamation prohibiting unauthorized settlement or purchase of Indian land.” (Prucha, 3) Many of the Indian tribes had entered into treaties with the French and British and still posed a military threat to the new nation.