The Lone Wolf v Hitchcock case was only part of the long line of judicial measures that relocated Native Americans from their homelands, forced them into reservations, and eventually took their culture away from them. The Medicine Lodge Treaty was suppose to give the Kiowa-Comanche reservation complete use and occupancy of those lands. There was also supposed to be a ¾ approval from the males of the three tribes. Then when the Allotment Act came about, it violated the rule under the Medicine Lodge Treaty. Congress ruled in favor for Hitchcock, saying that they have the right to modify terms of any treaty through legislation. So, basically Congress is saying that they can do whatever they want, whenever they want. The Native Americans
Fishing and hunting have been at the core of many American Indian cultures like the Nisqually since precontact. Indian hunting, fishing and gathering were conducted then—as they are now—not for sport, but for food and for a livelihood. This was well understood by the early colonists and later by the U.S. government. Thus, many of the treaties (e.g., Medicine Creek, 1854) negotiated between the federal government and Indian tribes in the nineteenth century contained provisions guaranteeing rights to hunt and fish. In the trea¬ty negotiated by Isaac Stevens, the tribe ceded to the U.S. some of the Nisqually vil¬lages and prairies, but Article Three reserved the tribe’s right to fish “at all usual and accustomed grounds and stations…in common with all citizens of the Territory.” (FL 12) But the growth of the European American population, and with it the proliferation of fenced lands, the destruction of natural habitat, and often the destruction of wildlife itself, drastically curtailed the Indians' ability to carry on these activities. Charles Wilkinson’s thesis declares that the “messages from Frank’s Landing” are “messages about ourselves, about the natural world, about societies past, about this society, and about societies to come.” (FL 6)
Inventing the Savage: The Social Construct of Native American Criminality. Luana Ross. Austin: University of Texas Press. 1998.
The terms of the Treaty included the acknowledgement of Indian tribes’ asking for forgiveness and the English dominating Indian trade and commerce. There were other terms that included the English being able to use Indian land for recreational use and any “remedy or redress” (Calloway 174) being brought to justice based on English laws. Overall, the terms and language used in the treaty is used to place blame of past hostilities on the Indians. The English completely twisted the language in the treaty to favor the English and shows the Indian people as rebellious savages that were begging for forgiveness for King George and the English.
The case Worcester v. Georgia (1832) was a basis for the discussion of the issue of states' rights versus the federal government as played out in the administration of President Andrew Jackson and its battle with the Supreme Court. In addition to the constitutional issues involved, the momentum of the westward movement and popular support for Indian resettlement pitted white man against Indian. All of these factors came together in the Worcester case, which alarmed the independence of the Cherokee Nation, but which was not enforced. This examines the legal issues and tragic consequences of Indian resettlement.
When John Marshall made his decision, President Jackson said, “John Marshall has made his decision. Now let him enforce it.” He was so pleased with the act and was very dedicated to setting it out that he said, “It gives me pleasure to announce to Congress that the benevolent policy of the Government, steadily pursued for nearly thirty years, in relation to the removal of the Indians beyond the white settlements is approaching to a happy consummation. Two important tribes have accepted the provision made for their removal at the last session of Congress, and it is believed that their example will induce the remaining tribes also to seek the same obvious advantages,” in the Second Annual Message to Congress. Georgia and other southern states passed laws that gave them the right to control the Cherokee lands when gold was discovered, which President Jackson supported.
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...
The “Utmost Good Faith” clause from the Northwest Ordinance of 1787 however, stated, “The utmost good faith shall always be observed toward the Indians; their land and property shall not be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed.” (Document 9). However, a letter from three Seneca Indian leaders to George Washington, President of the United States, argued, “When your army entered the country of Six (Iroquois) Nations, we called you the town destroyer; to this day, when your name is heard, our women look behind them and turn pale, and our children cling to the necks of their mothers…” (Document 10). This, in fact, proves the American Revolution was not revolutionary because the Indians were promised the “Utmost Good Faith” and that their land and property would never be invaded or disturbed, but their towns were left completely devastated and halted society from changing into a better
Earl M. Maltz is a professor at Rutgers School of Law, who teaches constitutional law, employment discrimination, conflicts of law, and a seminar on the Supreme Court. He has written two books and various articles surrounding the topics of constitutional law, statutory interpretation, the role of the courts and legal history. In his article, “The Fourteenth Amendment and Native American Citizenship,” Maltz argues that the status of Native Americans were considered when writing the Fourteenth Amendment, yet discussions on the topic rarely focus on the role that they played. I think that the topic of Native American citizenship rose separately from African-American citizenship and that Maltz’s use of court cases throughout the text furthered
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."
In the 30 years after the Civil War, although government policy towards Native Americans intended to shift from forced separation to integration into American society, attempts to "Americanize" Indians only hastened the death of their culture and presence in the America. The intent in the policy, after the end of aggression, was to integrate Native Americans into American society. Many attempts at this were made, ranging from offering citizenship to granting lands to Indians. All of these attempts were in vain, however, because the result of this policies is much the same as would be the result of continued agression.
Native Americans suffered hundreds of years of violence, discrimination and forced relocation from their land, during the European invasion of North America. After the Europeans arrive, Indian culture soon became endangered, a culture which developed distinctively shaped tools, sewing needles, clothing, jewelry and weapons. They held strong their own higher cultural beliefs, and legends, retold to them for many generations. During the era of colonization in the United States, Native Americans were subjected to years of despair, of which includes ravaging diseases, conversion to Christianity, European technology, and procurement of native land.
Immigrants took land illegally and crimes against Indians went unpunished. The Indians signed more treaties giving up most of their lands to the United States. With foreign tribesmen coming and settlers being angered a conference was conducted at Fort Greenville with Tecumseh as “principal speaker”. Settlers now occupied these lands, but the Indians did not want to give up their lands feeling that it was given to them by the master of life. Tecumseh agreed that the Greenville treaty line and other established boundaries and it should stand so the border could be used as a defense against further American
The Medicine Lodge Treaty of 1867 called for two reservations to be set aside in Indian Territoryone for the Comanche and Kiowa and another for the Southern Cheyenne and Arapaho. According to the treaty, the government would provide the tribes with a variety of basic services and training, housing, food and supplies, including guns and ammunition for hunting. The goods would be allotted to the tribes each year for a thirty-year period and the Indian tribes would be allowed to continue to "hunt on any lands south of the Arkansas River so long as the buffalo may range thereon." In exchange, the Indians agreed to stop their attacks and raids. Ten chiefs endorsed the treaty and many tribal members moved voluntarily to the reservations.
Contrary to popular belief, discrimination of Native Americans in America still widely exist in the 21st century! So you may ask, why? Well, to answer that one question, I will give you 3 of the countless reasons why this unfortunate group of people are punished so harshly for little good reason. So now, let’s get into it, shall we!
Under the heading of sovereign powers of Indian Nations, concluded that each tribe granted certain of those powers to the United States government in ex-change for certain benefits and rights. That statement is true, but we have gotten the bad end of that exchange where the federal government is obligated through signing treaties to provide funding for education, health care, and housing. According to Indian Nations in the United States, the health programs have been inadequately funded for many decades Indian people have the worst health status of any group in the country as a result (2007, 7). The Native people has gotten more diseases and health effects due to being exposed to those health problems from Euro-Americans. Today the Native people suffer from those health effects and we do not even have the proper funding when they were the ones who are killing us on a daily basis.