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Native American Studies
Unit 5 Overview: Reservation and Allotment Era
5.1 Establishment and purpose of the reservation system
5.2 The Dawes Act and allotment policies
5.3 Social and economic impacts of reservation life
5.4 Tribal responses to reservation policies

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5.1 Establishment and purpose of the reservation system

Last Updated on August 9, 2024

The reservation system, established in the mid-19th century, aimed to confine Native Americans to specific areas. This policy shift marked a departure from earlier treaty-based approaches, forcing tribes onto designated lands and freeing up territory for white settlers.

Reservations were created through treaties and legislation, often involving tribes ceding vast ancestral lands. The system faced numerous challenges, including boundary disputes, forced relocations, and assimilation efforts that sought to erase Native American cultures and traditions.

Treaties and Legislation

Establishment of Reservation System

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  • Treaty of Fort Laramie (1851) - Wikipedia View original

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  • Indian Appropriations Act of 1851 authorized creation of Indian reservations in Oklahoma
  • Provided funds for relocating Native American tribes to designated areas
  • Aimed to confine Native Americans to specific territories, freeing up land for white settlers
  • Marked a shift from previous treaty-based approach to a system of forced confinement

Treaty System and Boundary Delineation

  • U.S. government negotiated treaties with Native American tribes to establish reservation boundaries
  • Treaties often involved tribes ceding large portions of their ancestral lands in exchange for smaller reservations
  • Many treaties included provisions for food, education, and other resources (blankets, tools)
  • Boundary disputes frequently arose due to unclear demarcations or encroachment by settlers
  • Notable treaties include Treaty of Fort Laramie (1851) and Treaty of Medicine Lodge (1867)
  • Reservation system codified in law through various acts of Congress
  • Indian Reorganization Act of 1934 allowed tribes to establish their own governments on reservations
  • Major Crimes Act of 1885 extended federal criminal jurisdiction to reservations
  • General Allotment Act of 1887 (Dawes Act) divided reservation lands into individual parcels

Relocation and Assimilation

Forced Relocation Policies

  • U.S. government implemented policies to forcibly move Native American tribes from their ancestral lands
  • Trail of Tears (1830s) involved relocation of Cherokee, Muscogee, Seminole, Chickasaw, and Choctaw nations
  • Long Walk of the Navajo (1864) forced Navajo people to march 300 miles to Bosque Redondo reservation
  • Relocation often resulted in significant loss of life due to harsh conditions and inadequate provisions
  • Tribes faced challenges adapting to unfamiliar environments on new reservation lands

Assimilation Efforts and Cultural Suppression

  • Assimilation policy aimed to integrate Native Americans into mainstream American society
  • Carlisle Indian Industrial School (founded 1879) served as model for Native American boarding schools
  • Boarding schools focused on erasing Native American culture, language, and traditions
  • Children were often forcibly removed from families and subjected to harsh discipline
  • Dawes Act (1887) sought to break up communal tribal lands and promote individual land ownership
  • Native American religious practices were outlawed through various measures (Sun Dance banned in 1904)

Bureau of Indian Affairs and Administrative Control

  • Bureau of Indian Affairs (BIA) established in 1824 to manage Native American affairs
  • BIA oversaw implementation of reservation policies and administration of tribal resources
  • Appointed Indian agents to supervise reservations and enforce government policies
  • Controlled distribution of food, supplies, and annuities promised in treaties
  • Faced criticism for corruption, mismanagement, and failure to protect Native American interests

Tribal Governance

Evolution of Tribal Sovereignty

  • Tribal sovereignty refers to the inherent authority of indigenous tribes to govern themselves
  • Cherokee Nation v. Georgia (1831) defined tribes as "domestic dependent nations"
  • Worcester v. Georgia (1832) affirmed tribal sovereignty and limited state jurisdiction on tribal lands
  • Indian Reorganization Act (1934) encouraged tribes to adopt written constitutions and establish formal governments
  • Tribes maintain government-to-government relationships with federal government

Challenges to Tribal Self-Governance

  • Plenary power doctrine allows Congress to override tribal decisions and treaty rights
  • Trust doctrine establishes federal government as trustee of tribal lands and resources
  • Public Law 280 (1953) transferred federal jurisdiction to certain states, complicating tribal authority
  • Indian Civil Rights Act (1968) imposed certain constitutional restrictions on tribal governments

Contemporary Tribal Governance Structures

  • Many tribes have adopted constitutions modeled after U.S. government structure
  • Tribal councils serve as primary governing bodies for many Native American nations
  • Some tribes maintain traditional forms of governance (Iroquois Confederacy)
  • Tribal courts adjudicate civil and criminal matters within reservation boundaries
  • Inter-tribal organizations (National Congress of American Indians) advocate for Native American rights and interests

Key Terms to Review (18)

Public Law 280: Public Law 280 is a federal statute enacted in 1953 that allows certain states to assume jurisdiction over criminal and civil matters on Native American reservations. This law reflects a significant shift in federal Indian policy by promoting state authority in areas traditionally governed by tribal sovereignty, raising complex issues related to tribal jurisdiction and identity.
Tribal Council: A tribal council is a governing body composed of elected representatives from a Native American tribe that oversees decision-making, policy creation, and governance for the tribe. This council plays a crucial role in maintaining the tribe’s autonomy and cultural integrity while addressing various issues such as economic development, education, health services, and tribal law enforcement. Through their legislative powers, tribal councils help manage the resources and needs of their communities within the framework of the reservation system.
Cherokee Nation v. Georgia: Cherokee Nation v. Georgia was a landmark Supreme Court case in 1831 that addressed the relationship between Native American tribes and the federal government. The case arose when the Cherokee Nation sought to protect its lands from state encroachment, asserting that it was a sovereign nation entitled to its rights. This case highlighted the legal challenges faced by Native American tribes during the establishment of the reservation system and set a precedent for future interactions between Native American nations and the U.S. government.
Long Walk of the Navajo: The Long Walk of the Navajo refers to the forced removal of the Navajo people from their ancestral lands in Arizona and New Mexico to a designated reservation in eastern New Mexico during the 1860s. This tragic event was part of a broader policy of relocation that aimed to consolidate Native American tribes onto reservations, often resulting in suffering and loss for Indigenous communities.
Bureau of Indian Affairs: The Bureau of Indian Affairs (BIA) is an agency of the U.S. federal government, responsible for managing relationships between the government and Native American tribes. Established in 1824, its primary role has been to oversee Indian affairs, including education, land management, and the provision of services to Native communities. The BIA has played a crucial role in the establishment and maintenance of the reservation system, addressing contemporary issues such as environmental challenges on Native lands, contributing to historical urban migration, and shaping modern tribal governance and federal relations.
General Allotment Act: The General Allotment Act, also known as the Dawes Act, was a piece of legislation passed in 1887 aimed at assimilating Native Americans into American society by allotting individual parcels of land to Native families. This act sought to dismantle the communal landholding system of tribes and promote private land ownership, which was believed to facilitate economic independence and encourage the adoption of European-American lifestyles. The act led to significant loss of tribal land and culture, impacting both the reservation system and subsequent allotment policies.
Carlisle Indian Industrial School: The Carlisle Indian Industrial School was the first federally funded boarding school for Native American students, established in 1879 in Carlisle, Pennsylvania. Its purpose was to assimilate Native American children into Euro-American culture by educating them in English, vocational skills, and Western values while erasing their Indigenous identities. The school is a critical example of broader federal policies aimed at controlling Native American populations and enforcing cultural assimilation.
Treaty of Medicine Lodge: The Treaty of Medicine Lodge, signed in 1867, was an agreement between the United States government and several Native American tribes, primarily the Southern Plains tribes, which aimed to establish peace and define reservation lands for these tribes. This treaty represented a pivotal moment in the U.S. government's approach to Native American relations, as it sought to confine tribes to designated areas while promoting assimilation into American society through agriculture and farming.
Indian Appropriations Act: The Indian Appropriations Act refers to a series of laws enacted by the United States Congress during the 19th century that allocated funds for the management and support of Native American tribes. These acts were instrumental in establishing the reservation system, aimed at relocating Native peoples to designated areas while providing federal funding for various programs and services. The underlying intent of these appropriations was to facilitate the assimilation of Native Americans into Euro-American culture, while also allowing for the expansion of U.S. territory and influence.
Worcester v. Georgia: Worcester v. Georgia was a landmark U.S. Supreme Court case decided in 1832 that established the principle that only the federal government had authority to regulate relations with Native American tribes, and that states could not impose their laws on tribal lands. This decision underscored the sovereignty of Native American nations and highlighted the complexities surrounding treaties made between the U.S. government and these tribes, as well as the conflict between state and federal jurisdiction.
Dawes Act: The Dawes Act, enacted in 1887, aimed to assimilate Native Americans into American society by allotting them individual plots of land and granting U.S. citizenship. This act marked a significant shift in federal policy from recognizing tribal sovereignty to promoting individual land ownership, which ultimately led to the fragmentation of tribal lands and communities.
Treaty of Fort Laramie: The Treaty of Fort Laramie, signed in 1851, was an agreement between the United States government and various Native American tribes to establish peace and define territorial boundaries in the Great Plains. This treaty is significant as it reflects early interactions between the U.S. government and Native tribes, highlighting issues of tribal sovereignty, land rights, and self-determination.
National Congress of American Indians: The National Congress of American Indians (NCAI) is the oldest and largest national organization representing tribal governments and Indigenous peoples in the United States. Established in 1944, NCAI works to advocate for the rights and sovereignty of Native American tribes, address social justice issues, and promote cultural preservation and community development.
Indian Reorganization Act: The Indian Reorganization Act (IRA), enacted in 1934, aimed to reverse the assimilationist policies of the Dawes Act and restore some degree of self-governance and tribal sovereignty to Native American tribes. This legislation sought to promote the cultural identity of Native Americans while allowing tribes to create their own governments and manage their own affairs, impacting various aspects of Native American identity and governance.
Indian Civil Rights Act: The Indian Civil Rights Act, enacted in 1968, extends certain constitutional rights to individuals living on Native American reservations, granting them protections similar to those found in the Bill of Rights. This legislation aimed to address civil liberties violations and enhance the legal status of tribal members, while also navigating the complex balance between federal authority and tribal sovereignty.
Major Crimes Act: The Major Crimes Act is a federal law established in 1885 that grants federal authorities jurisdiction over specific serious crimes committed on Native American reservations. This law reflects the complex relationship between Native tribes and the U.S. government, especially concerning legal jurisdiction and sovereignty issues. It has played a critical role in shaping law enforcement practices within Native communities and has implications for Native American identity, self-governance, and the broader context of crime and justice on reservations.
Trail of Tears: The Trail of Tears refers to the forced relocation of thousands of Native Americans from their ancestral lands in the southeastern United States to designated Indian Territory west of the Mississippi River during the 1830s. This tragic event resulted in immense suffering, loss of life, and the erosion of Native American cultures and communities.
Tribal sovereignty: Tribal sovereignty refers to the inherent authority of indigenous tribes to govern themselves and make decisions regarding their internal affairs without external interference. This concept is foundational for understanding the relationship between Native American tribes and the federal government, as it highlights the rights of tribes to self-determination and self-governance.
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5.2 The Dawes Act and allotment policies