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The Indian Appropriations Act is the name of several acts passed by the United States Congress. A considerable number of acts were passed under the same name throughout the 19th and early 20th centuries, but the most notable landmark acts consist of the Appropriation Bill for Indian Affairs of 1851 [1] and the 1871 Indian Appropriations Act.
The 1851 Indian Appropriations Act allocated funds to move Western tribes onto Indian reservations where they would be protected and enclosed by the United States government. According to the federal government at that time, reservations were to be created in order to protect the Indians from increasing numbers of Americans moving to the West. [2] This act set the precedent for modern-day Indian reservations.
There are differing explanations as to why this act was instituted, one of which is that Indians' control of land and natural resources around the country was regarded as a serious potential threat to Americans' expansionary and economic goals.
Another explanation is that due to the country's fixed amount of land, the previously unrestricted presence of the Natives' living under different tribal laws but outside the jurisdiction of American Law began to unintentionally, but naturally, conflict legally with the growing number of Americans settling on more and more lands. This quickly posed a potentially dangerous security and insurance concern for many enterprising Americans, and the federal government, responsible for protecting its own citizens, was expected to respond with a solution not known before and departing from that previously practiced by the British Empire. [3]
The most utilized explanation originated in the 1830s, nearly two decades before the passing of this Act, when many Americans agreed with President Jackson theories conceptualized by President Thomas Jefferson in 1803, that Native Americans needed to be resettled westward for their own protection. [4] As decided, Native Americans in the South were forced to move to the Great Plains, but by the 1850s, Americans began to move into that area as well. Thus, the federal government, acting on such exigency and on Americans' long-standing sentiments regarding the Indians, passed the Indian Appropriations Act of 1851, placing Native Americans on reservations given there were no other lands available for another forced relocation.
As a consequence, conflict in the Great Plains region was aggravated when settlers began to move into the final remaining land and Native Americans had no place in which to be relocated. [5]
According to the Indian Appropriation Act of March 3, 1871, no longer was any group of Indians in the United States recognized as an independent nation by the federal government. [6] Moreover, Congress directed that all Indians should be treated as individuals and legally designated "wards" of the federal government. [7] Before this bill was enacted, the federal government signed treaties with different Native American tribes, committing the tribes to land cessions, in exchange for specific lands designated to Indians for exclusive indigenous use as well as annual payments in the form of cash, livestock, supplies, and services. [8] These treaties, which took much time and effort to finalize, ceased with the passage of the 1871 Indian Appropriation Act, declaring that "no Indian nation or tribe" would be recognized "as an independent nation, tribe, or power with whom the United States may contract by treaty." [9] On the other hand, the statute also declared "no obligation of any treaty lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871, shall be hereby invalidated or impaired." [10] Thus, it can be argued that this bill made it significantly easier for the federal government to secure lands that were previously owned by Native Americans.
After several attempts by the Oklahoman Boomers to enter Indian Territory, Congress passed the 1885 Act which allowed Indian tribes and individual Indians to sell unoccupied lands that they claimed to be their own.
After years of trying to open Indian Territory, President Grover Cleveland, on March 2, 1889, signed the 1889 Act which officially opened the Unassigned Lands to non-native settlers under tenets of the Homestead Act. On a side-note, Grover Cleveland signed the Act into law days before his successor, Benjamin Harrison, took over as President of the United States. However, under a section in this original act, those who entered these unassigned lands illegally, before their respective racing times as designated in the President's opening proclamation, would be denied the rights to the lands they claimed. These people were termed "Sooners," with this section of the act being termed as the "sooner clause." But there was growing political pressure to open these unassigned lands to settlement quickly. Thus, later in 1889, an amendment to the Indian Appropriations Act allowed President Benjamin Harrison to be involved in this historical bill as well, proclaiming unassigned lands were open for settlement under much less stringent rules. [11]
Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the United States government for the relocation of Native Americans who held original Indian title to their land as a sovereign independent state. The concept of an Indian territory was an outcome of the U.S. federal government's 18th- and 19th-century policy of Indian removal. After the American Civil War (1861–1865), the policy of the U.S. government was one of assimilation.
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.
The Territory of Oklahoma was an organized incorporated territory of the United States that existed from May 2, 1890, until November 16, 1907, when it was joined with the Indian Territory under a new constitution and admitted to the Union as the state of Oklahoma.
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 jumble of private and public real estate creates significant administrative, political, and legal difficulties.
The Unassigned Lands in Oklahoma were in the center of the lands ceded to the United States by the Creek (Muskogee) and Seminole Indians following the Civil War and on which no other tribes had been settled. By 1883, it was bounded by the Cherokee Outlet on the north, several relocated Indian reservations on the east, the Chickasaw lands on the south, and the Cheyenne-Arapaho reserve on the west. The area amounted to 1,887,796.47 acres.
Henry Laurens Dawes was an attorney and politician, a Republican United States Senator and United States Representative from Massachusetts. He is notable for the Dawes Act (1887), which was intended to stimulate the assimilation of Native Americans by ending the tribal government and control of communal lands. Especially directed at the tribes in Indian Territory, it provided for the allotment of tribal lands to individual households of tribal members, and for their being granted United States citizenship. This also made them subject to state and federal taxes. In addition, extinguishing tribal land claims in this territory later enabled the admission of Oklahoma as a state in 1907.
The Oklahoma Land Rush of 1889 was the first land run into the Unassigned Lands of former Indian Territory, which had earlier been assigned to the Creek and Seminole peoples. The area that was opened to settlement included all or part of the Canadian, Cleveland, Kingfisher, Logan, Oklahoma, and Payne counties of the present-day US state of Oklahoma.
William McKendree Springer was a United States Representative from Illinois.
Indian termination is a phrase describing United States policies relating to Native Americans from the mid-1940s to the mid-1960s. It was shaped by a series of laws and practices with the intent of assimilating Native Americans into mainstream American society. Cultural assimilation of Native Americans was not new; the belief that indigenous people should abandon their traditional lives and become what the government considers "civilized" had been the basis of policy for centuries. What was new, however, was the sense of urgency that, with or without consent, tribes must be terminated and begin to live "as Americans." To that end, Congress set about ending the special relationship between tribes and the federal government.
Federal Indian policy establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Some scholars divide the federal policy toward Indians in six phases: coexistence (1789–1828), removal and reservations (1829–1886), assimilation (1887–1932), reorganization (1932–1945), termination (1946–1960), and self-determination (1961–1985).
Indian removals in Indiana followed a series of the land cession treaties made between 1795 and 1846 that led to the removal of most of the native tribes from Indiana. Some of the removals occurred prior to 1830, but most took place between 1830 and 1846. The Lenape (Delaware), Piankashaw, Kickapoo, Wea, and Shawnee were removed in the 1820s and 1830s, but the Potawatomi and Miami removals in the 1830s and 1840s were more gradual and incomplete, and not all of Indiana's Native Americans voluntarily left the state. The most well-known resistance effort in Indiana was the forced removal of Chief Menominee and his Yellow River band of Potawatomi in what became known as the Potawatomi Trail of Death in 1838, in which 859 Potawatomi were removed to Kansas and at least forty died on the journey west. The Miami were the last to be removed from Indiana, but tribal leaders delayed the process until 1846. Many of the Miami were permitted to remain on land allotments guaranteed to them under the Treaty of St. Mary's (1818) and subsequent treaties.
Native American civil rights are the civil rights of Native Americans in the United States. Native Americans are citizens of their respective Native nations as well as of the United States, and those nations are characterized under United States law as "domestic dependent nations", a special relationship that creates a tension between rights retained via tribal sovereignty and rights that individual Natives have as U.S. citizens. This status creates tension today but was far more extreme before Native people were uniformly granted U.S. citizenship in 1924. Assorted laws and policies of the United States government, some tracing to the pre-Revolutionary colonial period, denied basic human rights—particularly in the areas of cultural expression and travel—to indigenous people.
The United States government illegally seized the Black Hills – a mountain range in the US states of South Dakota and Wyoming – from the Sioux Nation in 1876. The land was pledged to the Sioux Nation in the Treaty of Fort Laramie, but a few years later the United States illegally seized the land and nullified the treaty with the Indian Appropriations Bill of 1876, without the tribe's consent. That bill "denied the Sioux all further appropriation and treaty-guaranteed annuities" until they gave up the Black Hills. A Supreme Court case was ruled in favor of the Sioux in 1980. As of 2011, the court's award was worth over $1 billion, but the Sioux have outstanding issues with the ruling and have not collected the funds.
Aboriginal title in California refers to the aboriginal title land rights of the indigenous peoples of California. The state is unique in that no Native American tribe in California is the counterparty to a ratified federal treaty. Therefore, all the Indian reservations in the state were created by federal statute or executive order.
An Organic Act is a generic name for a statute used by the United States Congress to describe a territory, in anticipation of being admitted to the Union as a state. Because of Oklahoma's unique history an explanation of the Oklahoma Organic Act needs a historic perspective. In general, the Oklahoma Organic Act may be viewed as one of a series of legislative acts, from the time of Reconstruction, enacted by Congress in preparation for the creation of a united State of Oklahoma. The Organic Act created Oklahoma Territory, and Indian Territory that were Organized incorporated territories of the United States out of the old "unorganized" Indian Territory. The Oklahoma Organic Act was one of several acts whose intent was the assimilation of the tribes in Oklahoma and Indian Territories through the elimination of tribes' communal ownership of property.
On the eve of the American Civil War in 1861, a significant number of Indigenous peoples of the Americas had been relocated from the Southeastern United States to Indian Territory, west of the Mississippi. The inhabitants of the eastern part of the Indian Territory, the Five Civilized Tribes, were suzerain nations with established tribal governments, well established cultures, and legal systems that allowed for slavery. Before European Contact these tribes were generally matriarchial societies, with agriculture being the primary economic pursuit. The bulk of the tribes lived in towns with planned streets, residential and public areas. The people were ruled by complex hereditary chiefdoms of varying size and complexity with high levels of military organization.
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.
The Miami Nation of Indiana is a group of individuals who identify as Miami and have organized as a 501(c)(3) nonprofit organization. The group's headquarters are at Peru, Indiana.
The Western Oregon Indian Termination Act or Public Law 588, was passed in August 1954 as part of the United States Indian termination policy. It called for the termination of federal supervision over the trust and restricted property of numerous Native American bands and small tribes, all located west of the Cascade Mountains in Oregon. The act also called for disposition of federally owned property which had been bought for the administration of Indian affairs, and for termination of federal services which these Indians received under federal recognition. The stipulations in this act were similar to those of most termination acts.
National Fishing Enhancement Act of 1984 is a federal statute delineating codification for the construction, habitat settings, and monitoring of artificial reefs in the United States maritime boundary. The Act of Congress declares degradation of fishery habitats and overfishing have created a declivity in the shoaling and schooling yields of United States saltwater fish resources. The Act asserts artificial reefs have potential for economic relief concerning the United States coastal economies where aquaculture operations have soaring energy costs adversely burdening their expenditures for the commercial fishing and recreational fishing conservation practices.
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