🏞️Indigenous Peoples of California Unit 7 – Native American Treaties and Resistance

Historical Context

• European colonization of the Americas began in the late 15th century, leading to the displacement and exploitation of indigenous populations
• Native American tribes had diverse cultures, languages, and ways of life prior to European contact
• The doctrine of discovery, used by European powers, claimed the right to acquire land inhabited by non-Christians
• The concept of manifest destiny, popular in the 19th century, justified American expansion and the removal of Native Americans from their ancestral lands
• The Indian Removal Act of 1830 authorized the forced relocation of Native American tribes from the southeastern United States to designated Indian Territory west of the Mississippi River
  • The forced migration, known as the Trail of Tears, resulted in the deaths of thousands of Native Americans due to disease, starvation, and exposure
• The California Gold Rush (1848-1855) led to a massive influx of settlers, resulting in the displacement and violence against Native Californian tribes
• The federal government's approach to Native American relations shifted from treaty-making to a policy of assimilation in the late 19th century

Key Treaties and Agreements

• The Treaty of Guadalupe Hidalgo (1848) ended the Mexican-American War and ceded California and other territories to the United States
  • The treaty guaranteed citizenship rights and protection of property for Mexicans living in the ceded territories but did not extend these rights to Native Americans
• The Treaty of Fort Laramie (1851) was an agreement between the U.S. government and several Plains Indian tribes, establishing territorial boundaries and allowing for the construction of roads and military posts
• The Treaty of Medicine Creek (1854) was signed between the U.S. government and nine tribes in Washington Territory, ceding large portions of land to the United States in exchange for small reservations and hunting and fishing rights
• The Treaty of Fort Wise (1861) was an agreement between the U.S. government and six chiefs of the Southern Cheyenne and Arapaho tribes, ceding most of their land in Colorado Territory in exchange for a small reservation and annuities
• The Treaty of Camp Moultrie (1823) was signed between the U.S. government and the Seminole Nation, requiring the Seminoles to relinquish their Florida lands and move to a reservation
• The 18 Treaties of 1851-1852 were signed between the U.S. government and various Native Californian tribes, often under duress, ceding large portions of land in exchange for small reservations and goods
  • These treaties were never ratified by the U.S. Senate and were kept secret for over 50 years

Native American Perspectives

• Many Native American tribes viewed treaties as sacred agreements, expecting them to be honored in perpetuity
• The concept of land ownership differed between Native American cultures and European settlers, leading to misunderstandings and conflicts
  • Native Americans often believed in communal land stewardship rather than individual ownership
• Native American leaders often signed treaties under duress or without fully understanding the implications of the agreements
• Some Native American tribes resisted treaty negotiations, viewing them as a threat to their sovereignty and way of life
• Many Native Americans felt betrayed by the U.S. government's failure to uphold treaty obligations, such as providing promised goods, services, and protection
• The forced removal and relocation of Native American tribes caused immense suffering, loss of life, and cultural disruption
• Native American oral histories and traditions have preserved the memories of broken treaties and the impact on their communities

Resistance Movements

• The Seminole Wars (1817-1858) were a series of conflicts between the U.S. government and the Seminole tribe in Florida, who resisted forced removal
  • The Second Seminole War (1835-1842) was the longest and most costly Indian war in U.S. history
• The Red Stick War (1813-1814) was a conflict between Creek Indians and the U.S. government, with some Creek factions resisting American expansion and assimilation policies
• Tecumseh's War (1811-1813) was a pan-Indian resistance movement led by Shawnee chief Tecumseh, who sought to unite tribes against American expansion
• The Ghost Dance Movement (1889-1890) was a spiritual and political movement that spread among Native American tribes, promising the return of ancestral lands and the restoration of traditional ways of life
  • The U.S. government's fear of the movement led to the Wounded Knee Massacre (1890), where the U.S. Army killed over 250 Lakota men, women, and children
• The Modoc War (1872-1873) was a conflict between the Modoc tribe and the U.S. Army in northern California and southern Oregon, triggered by the tribe's resistance to forced relocation
• The Apache Wars (1849-1886) were a series of conflicts between the Apache tribes and the U.S. government, with leaders like Geronimo and Cochise leading resistance efforts
• The Pueblo Revolt (1680) was an uprising of Pueblo Indians against Spanish colonizers in present-day New Mexico, temporarily driving the Spanish out of the region

Impact on Tribal Sovereignty

• Treaties between Native American tribes and the U.S. government were meant to establish a government-to-government relationship, recognizing tribal sovereignty
• However, the U.S. government often failed to honor treaty obligations and encroached upon tribal lands and resources
• The General Allotment Act of 1887 (Dawes Act) aimed to break up tribal lands into individual allotments, undermining tribal sovereignty and leading to significant land loss
• The Indian Reorganization Act of 1934 aimed to restore some aspects of tribal sovereignty and self-governance, but its implementation was limited
• The termination era (1940s-1960s) saw the U.S. government attempt to end its trust responsibilities to Native American tribes, leading to the loss of federal recognition and resources for many tribes
  • The policy of termination was eventually repudiated, and some tribes have since regained federal recognition
• The Indian Self-Determination and Education Assistance Act of 1975 marked a shift towards greater tribal self-governance and control over federal programs and services
• Native American tribes continue to assert their sovereign rights through legal battles, political advocacy, and cultural revitalization efforts

Cultural and Social Consequences

• The forced removal and relocation of Native American tribes led to the disruption of traditional ways of life, cultural practices, and social structures
• The loss of ancestral lands and resources made it difficult for tribes to maintain their traditional economies and subsistence practices
• The assimilation policies of the U.S. government, such as the boarding school system, aimed to erase Native American cultures and languages
  • Children were forcibly removed from their families and communities, forbidden to speak their native languages, and subjected to abuse and neglect
• The suppression of Native American religious practices and ceremonies, such as the Sun Dance and potlatch, further eroded cultural traditions
• The breakdown of traditional social structures and the imposition of Euro-American gender roles and family structures disrupted Native American communities
• The trauma of land loss, forced assimilation, and cultural suppression has had lasting impacts on Native American mental health and well-being
• Despite these challenges, Native American tribes have shown resilience in preserving and revitalizing their cultures, languages, and traditions

Legal Battles and Court Cases

• The Marshall Trilogy, a series of Supreme Court decisions in the early 19th century, established the legal framework for Native American relations with the U.S. government
  • Johnson v. M'Intosh (1823) established the doctrine of discovery, giving the U.S. government the exclusive right to acquire Native American lands
  • Cherokee Nation v. Georgia (1831) defined Native American tribes as "domestic dependent nations," with a relationship to the U.S. government like that of a ward to its guardian
  • Worcester v. Georgia (1832) affirmed tribal sovereignty and the supremacy of federal law over state law in Native American affairs
• The Lone Wolf v. Hitchcock (1903) decision upheld the U.S. government's right to abrogate treaties with Native American tribes unilaterally
• The Indian Claims Commission, established in 1946, provided a forum for tribes to seek compensation for land taken by the U.S. government, but its effectiveness was limited
• The Native American Rights Fund, founded in 1970, has been instrumental in advancing Native American rights through legal advocacy and litigation
• The United States v. Washington (1974) decision, also known as the Boldt Decision, affirmed the fishing rights of Native American tribes in Washington state under the treaties of the 1850s
• The Cobell v. Salazar (1996-2009) class-action lawsuit addressed the U.S. government's mismanagement of Native American trust funds, resulting in a $3.4 billion settlement

Modern Implications and Ongoing Issues

• Native American tribes continue to face challenges in asserting their sovereign rights and protecting their lands, resources, and cultural heritage
• The ongoing struggle for the recognition of treaty rights, such as hunting, fishing, and water rights, remains a contentious issue between tribes and state and federal governments
• The disproportionate rates of poverty, unemployment, health disparities, and other socioeconomic challenges among Native American communities are linked to the legacy of colonization and broken treaties
• The fight for the repatriation of Native American cultural objects and ancestral remains, as required by the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990, continues
• Environmental justice issues, such as the impact of resource extraction and pollution on Native American lands and communities, have gained increasing attention
• The Missing and Murdered Indigenous Women (MMIW) crisis has brought to light the systemic violence and discrimination faced by Native American women and girls
• Efforts to revitalize Native American languages and cultural practices are ongoing, with initiatives such as language immersion programs and cultural education
• The push for greater tribal self-determination and the strengthening of government-to-government relationships between Native American tribes and the U.S. government remains a priority for many tribal leaders and advocates.