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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.
Native Americans are the Indigenous peoples of the United States, particularly of the lower 48 states and Alaska. They may also include any Americans whose origins lie in any of the indigenous peoples of North or South America. The United States Census Bureau publishes data about "American Indians and Alaska Natives", whom it defines as anyone "having origins in any of the original peoples of North and South America ... and who maintains tribal affiliation or community attachment". The census does not, however, enumerate "Native Americans" as such, noting that the latter term can encompass a broader set of groups, e.g. Native Hawaiians, which it tabulates separately.
The Cherokee people are one of the Indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, they were concentrated in their homelands, in towns along river valleys of what is now southwestern North Carolina, southeastern Tennessee, southwestern Virginia, edges of western South Carolina, northern Georgia and northeastern Alabama consisting of around 40,000 square miles.
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.
Cherokee or Tsalagi is an endangered-to-moribund Iroquoian language and the native language of the Cherokee people. Ethnologue states that there were 1,520 Cherokee speakers out of 376,000 Cherokees in 2018, while a tally by the three Cherokee tribes in 2019 recorded about 2,100 speakers. The number of speakers is in decline. The Tahlequah Daily Press reported in 2019 that most speakers are elderly, about eight fluent speakers die each month, and that only five people under the age of 50 are fluent. The dialect of Cherokee in Oklahoma is "definitely endangered", and the one in North Carolina is "severely endangered" according to UNESCO. The Lower dialect, formerly spoken on the South Carolina–Georgia border, has been extinct since about 1900. The dire situation regarding the future of the two remaining dialects prompted the Tri-Council of Cherokee tribes to declare a state of emergency in June 2019, with a call to enhance revitalization efforts.
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.
Cherokee Nation v. Georgia (1831), 30 U.S. 1 (1831), was a landmark United States Supreme Court case. The Cherokee Nation asked the Court to stop Georgia from enforcing state laws that took away their rights within the Cherokee territory. However, the Supreme Court declined to rule on the cases's merits, stating that is lacked the original jurisdiction, or authority, to decide in a matter between a U.S. state and the Cherokee Nation. Chief Justice John Marshall explained that the Cherokee Nation was not a "foreign nation" but a "domestic dependent nation," comparing their relationship with the United States to that of a "ward to its guardian."
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 Dawes Rolls were created by the United States Dawes Commission. The commission was authorized by United States Congress in 1893 to execute the General Allotment Act of 1887.
Blood quantum laws or Indian blood laws are laws in the United States that define Native American status by fractions of Native American ancestry. These laws were enacted by the federal government and state governments as a way to establish legally defined racial population groups. By contrast, many tribes do not include blood quantum as part of their own enrollment criteria. Blood quantum laws were first imposed by white settlers in the 18th century. Blood quantum (BQ) continues to be a controversial topic.
Indirect rule was a system of governance used by imperial powers to control parts of their empires. This was particularly used by colonial empires like the British Empire to control their possessions in Africa and Asia, which was done through pre-existing indigenous power structures. Indirect rule was used by various colonial rulers such as: the French in Algeria and Tunisia, the Dutch in the East Indies, the Portuguese in Angola and Mozambique and the Belgians in Rwanda and Burundi. These dependencies were often called "protectorates" or "trucial states".
Jesse Bartley Milam (1884–1949) was best known as the first Principal Chief of the Cherokee Nation appointed by a U.S. president since tribal government had been dissolved before Oklahoma Statehood in 1907. He was appointed by President Franklin D. Roosevelt in 1941, who reappointed him in 1942 and 1943; he was reappointed by President Harry S. Truman in 1948. He died while in office in 1949.
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.
Native American recognition in the United States, for tribes, usually means being recognized by the United States federal government as a community of Indigenous people that has been in continual existence since prior to European contact, and which has a sovereign, government-to-government relationship with the Federal government of the United States. In the United States, the Native American tribe is a fundamental unit of sovereign tribal government. This recognition comes with various rights and responsibilities. The United States recognizes the right of these tribes to self-government and supports their tribal sovereignty and self-determination. These tribes possess the right to establish the legal requirements for membership. They may form their own government, enforce laws, tax, license and regulate activities, zone, and exclude people from tribal territories. Limitations on tribal powers of self-government include the same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money.
The Indian Self-Determination and Education Assistance Act of 1975 authorized the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and some other government agencies to enter into contracts with, and make grants directly to, federally recognized Indian tribes. The tribes would have authority for how they administered the funds, which gave them greater control over their welfare. The ISDEAA is codified at Title 25, United States Code, beginning at section 5301.
Cherokee history is the written and oral lore, traditions, and historical record maintained by the living Cherokee people and their ancestors. In the 21st century, leaders of the Cherokee people define themselves as those persons enrolled in one of the three federally recognized Cherokee tribes: The Eastern Band of Cherokee Indians, The Cherokee Nation, and The United Keetoowah Band of Cherokee Indians.
Ex parte Crow Dog, 109 U.S. 556 (1883), is a landmark decision of the Supreme Court of the United States that followed the death of one member of a Native American tribe at the hands of another on reservation land. Crow Dog was a member of the Brulé band of the Lakota Sioux. On August 5, 1881 he shot and killed Spotted Tail, a Lakota chief; there are different accounts of the background to the killing. The tribal council dealt with the incident according to Sioux tradition, and Crow Dog paid restitution to the dead man's family. However, the U.S. authorities then prosecuted Crow Dog for murder in a federal court. He was found guilty and sentenced to hang.
The following outline is provided as an overview of and topical guide to United States federal Indian law and policy:
Clifford M. Lytle was a political scientist, scholar of Native American studies, and legal scholar. He was a distinguished university professor in the department of political science at the University of Arizona. He frequently collaborated with fellow University of Arizona political science professor Vine Deloria Jr.
Clint Carroll is a Native American author, associate professor of Ethnic Studies at the University of Colorado, Boulder, anthropologist, and ethnobotanist. He is a citizen of the Cherokee Nation, and his focus of research is on the Cherokee people exploring land conservation and land-based education.
References
- ↑ "Russell: When does ethnic fraud matter? - Indian Country Media Network".
- ↑ "Indian Country Today". Indiancountrymedianetwork.com. Retrieved 2021-11-18.
- ↑ Cornell, Stephen (November 15, 2011). "Sequoyah Rising: Problems in Post-Colonial Tribal Governance (review)". The American Indian Quarterly. 35 (3): 473–475 – via Project MUSE.
- ↑ Holm, Tom (November 15, 2011). "Sequoyah Rising: Problems in Post-Colonial Tribal Governance (review)". Wíčazo Ša Review. 26 (2): 108–109. doi:10.1353/wic.2011.0016. S2CID 161348502 – via Project MUSE.
- ↑ Mackay, James (September 2, 2011). "Scott Richard Lyons, X-marks: Native Signatures of Assent. , Steve Russell, Sequoyah Rising: Problems in Post-Colonial Tribal Governance. , Sean Kicummah Teuton, Red Land, Red Power: Grounding Knowledge in the American Indian Novel. , Gerald Vizenor, Native Liberty: Natural Reason and Cultural Survivance". European Journal of American Studies. doi: 10.4000/ejas.9179 . S2CID 251974017 – via journals.openedition.org.
