The Indian removal was the United States government's policy of ethnic cleansing through the forced displacement of self-governing tribes of American Indians from their ancestral homelands in the eastern United States to lands west of the Mississippi River—specifically, to a designated Indian Territory, which many scholars have labeled a genocide. The Indian Removal Act of 1830, the key law which authorized the removal of Native tribes, was signed into law by United States president Andrew Jackson on May 28, 1830. Although Jackson took a hard line on Indian removal, the law was primarily enforced during the Martin Van Buren administration. After the enactment of the Act, approximately 60,000 members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw nations were forcibly removed from their ancestral homelands, with thousands dying during the Trail of Tears.
The Trail of Tears was the forced displacement of approximately 60,000 people of the "Five Civilized Tribes" between 1830 and 1850, and the additional thousands of Native Americans and their enslaved African Americans within that were ethnically cleansed by the United States government.
The Indian Removal Act of 1830 was signed into law on May 28, 1830, by United States President Andrew Jackson. The law, as described by Congress, provided "for an exchange of lands with the Indians residing in any of the states or territories, and for their removal east of the river Mississippi". During the presidency of Jackson (1829–1837) and his successor Martin Van Buren (1837–1841) more than 60,000 Native Americans from at least 18 tribes were forced to move west of the Mississippi River where they were allocated new lands. The southern tribes were resettled mostly in Indian Territory (Oklahoma). The northern tribes were resettled initially in Kansas. With a few exceptions, the United States east of the Mississippi and south of the Great Lakes was emptied of its Native American population. The movement westward of indigenous tribes was characterized by a large number of deaths occasioned by the hardships of the journey.
The Treaty of Dancing Rabbit Creek was a treaty which was signed on September 27, 1830, and proclaimed on February 24, 1831, between the Choctaw American Indian tribe and the United States Government. This treaty was the first removal treaty which was carried into effect under the Indian Removal Act. The treaty ceded about 11 million acres (45,000 km2) of the Choctaw Nation in what is now Mississippi in exchange for about 15 million acres (61,000 km2) in the Indian territory, now the state of Oklahoma. The principal Choctaw negotiators were Chief Greenwood LeFlore, Mosholatubbee, and Nittucachee; the U.S. negotiators were Colonel John Coffee and Secretary of War John Eaton.
Worcester v. Georgia, 31 U.S. 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional. The opinion is most famous for its dicta, which laid out the relationship between tribes, state, and federal governments. It is considered to have built the foundations of the doctrine of tribal sovereignty in the United States.
John Ross was the Principal Chief of the Cherokee Nation from 1828 to 1866; he served longer in that position than any other person. Ross led the nation through such tumultuous events as forced removal to Indian Territory and the American Civil War.
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.
Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), is a United States Supreme Court case deciding that Indian tribal courts have no criminal jurisdiction over non-Indians. The case was decided on March 6, 1978 with a 6–2 majority. The court opinion was written by William Rehnquist, and a dissenting opinion was written by Thurgood Marshall, who was joined by Chief Justice Warren Burger. Justice William J. Brennan did not participate in the decision.
The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States federal agency within the Department of the Interior. It is responsible for implementing federal laws and policies related to Native Americans and Alaska Natives, and administering and managing over 55,700,000 acres (225,000 km2) of reservations held in trust by the U.S. federal government for indigenous tribes. It renders services to roughly 2 million indigenous Americans across 574 federally recognized tribes. The BIA is governed by a director and overseen by the Assistant Secretary for Indian Affairs, who answers to the Secretary of the Interior.
An American Indian reservation is an area of land held and governed by a U.S. federal government-recognized Native American tribal nation, whose government is autonomous, subject to regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs, and not to the U.S. state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties.
The Nonintercourse Act is the collective name given to six statutes passed by the United States Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set boundaries of American Indian reservations. The various acts were also intended to regulate commerce between White Americans and citizens of Indigenous nations. The most notable provisions of the act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783.
The Treaty of New Echota was a treaty signed on December 29, 1835, in New Echota, Georgia, by officials of the United States government and representatives of a minority Cherokee political faction, the Treaty Party.
Samuel Austin Worcester, was an American missionary to the Cherokee, translator of the Bible, printer, and defender of the Cherokee sovereignty. He collaborated with Elias Boudinot (Cherokee) in Georgia to establish the Cherokee Phoenix, the first Native American newspaper, which was printed in both English and the Cherokee syllabary. The Cherokee gave Worcester the honorary name A-tse-nu-sti, which translates to "messenger" in English.
A series of efforts were made by the United States to assimilate Native Americans into mainstream European–American culture between the years of 1790 and 1920. George Washington and Henry Knox were first to propose, in the American context, the cultural assimilation of Native Americans. They formulated a policy to encourage the so-called "civilizing process". With increased waves of immigration from Europe, there was growing public support for education to encourage a standard set of cultural values and practices to be held in common by the majority of citizens. Education was viewed as the primary method in the acculturation process for minorities.
The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title. Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish aboriginal title, if their ancestors held title as individuals. Unlike other jurisdictions, the content of aboriginal title is not limited to historical or traditional land uses. Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust.
The Marshall Court (1801–1835) issued some of the earliest and most influential opinions by the Supreme Court of the United States on the status of aboriginal title in the United States, several of them written by Chief Justice John Marshall himself. However, without exception, the remarks of the Court on aboriginal title during this period are dicta. Only one indigenous litigant ever appeared before the Marshall Court, and there, Marshall dismissed the case for lack of original jurisdiction.
Fellows v. Blacksmith, 60 U.S. 366 (1857), is a United States Supreme Court decision involving Native American law. John Blacksmith, a Tonawanda Seneca, sued agents of the Ogden Land Company for common law claims of trespass, assault, and battery after he was forcibly evicted from his sawmill by the Company's agents. The Court affirmed a judgement in Blacksmith's favor, notwithstanding the fact that the Seneca had executed an Indian removal treaty and the Company held the exclusive right to purchase to the land by virtue of an interstate compact ratified by Congress.
Williams v. Lee, 358 U.S. 217 (1959), was a landmark case in which the Supreme Court of the United States held that the State of Arizona does not have jurisdiction to try a civil case between a non-Indian doing business on a reservation with tribal members who reside on the reservation, the proper forum for such cases being the tribal court.
United States v. John, 437 U.S. 634 (1978), was a case in which the Supreme Court of the United States held that lands designated as a reservation in Mississippi are "Indian country" as defined by statute, although the reservation was established nearly a century after Indian removal and related treaties. The court ruled that, under the Major Crimes Act, the State has no jurisdiction to try a Native American for crimes covered by that act that occurred on reservation land.
Cherokee Nation v. Hitchcock, 187 U.S. 294 (1902) was a US Supreme Court case that decided the US Congress has the power to pass legislation that controls the actions and property of tribal states without their consent. The Cherokee Nation brought this case against the Secretary of the Interior because the Secretary authorized mineral and oil leases on Cherokee land, an action Congress had authorized by legislation. The Cherokee Nation argued that this action violated the treaty rights promised by the US to their Indian nation. In their decision, the Court stated this was out of the Court’s power as it was a question for the legislative branch to determine, not the judicial.
