Cultural assimilation of Native Americans
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The cultural assimilation of Native Americans refers to a series of efforts by the United States to assimilate Native Americans into mainstream European–American culture between the years of 1790 and 1920.
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...
and
Henry Knox Henry Knox (July 25, 1750 – October 25, 1806), a Founding Father of the United States, was a senior general of the Continental Army during the Revolutionary War, serving as chief of artillery in most of Washington's campaigns. Following the ...
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.
Americanization Americanization or Americanisation (see spelling differences) is the influence of American culture and business on other countries outside the United States of America, including their media, cuisine, business practices, popular culture, te ...
policies were based on the idea that when indigenous people learned customs and values of the United States, they would be able to merge tribal traditions with American culture and peacefully join the majority of the society. After the end of the
Indian Wars The American Indian Wars, also known as the American Frontier Wars, and the Indian Wars, were fought by European governments and colonists in North America, and later by the United States and Canadian governments and American and Canadian settle ...
, in the late 19th and early 20th centuries, the federal government outlawed the practice of traditional religious ceremonies. It established
Native American boarding schools American Indian boarding schools, also known more recently as American Indian residential schools, were established in the United States from the mid 17th to the early 20th centuries with a primary objective of "civilizing" or assimilating Na ...
which children were required to attend. In these schools they were forced to speak English, study standard subjects, attend church, and leave tribal traditions behind. The
Dawes Act of 1887 The Dawes Act of 1887 (also known as the General Allotment Act or the Dawes Severalty Act of 1887) regulated land rights on tribal territories within the United States. Named after Senator Henry L. Dawes of Massachusetts, it authorized the Pres ...
, which allotted tribal lands in severalty to individuals, was seen as a way to create individual homesteads for Native Americans. Land allotments were made in exchange for Native Americans becoming US citizens and giving up some forms of tribal self-government and institutions. It resulted in the transfer of an estimated total of from Native American control. Most was sold to individuals or given out free through the Homestead law, or given directly to Indians as individuals. The
Indian Citizenship Act of 1924 The Indian Citizenship Act of 1924, (, enacted June 2, 1924) was an Act of the United States Congress that granted US citizenship to the indigenous peoples of the United States. While the Fourteenth Amendment to the United States Constitution ...
was also part of Americanization policy; it gave full citizenship to all Indians living on reservations. The leading opponent of forced assimilation was John Collier, who directed the federal Office of Indian Affairs from 1933 to 1945, and tried to reverse many of the established policies.


Europeans and Native Americans in North America, 1601–1776

Epidemiological and archeological work has established the effects of increased immigration of children accompanying families from Central Africa to North America between 1634 and 1640. They came from areas where
smallpox Smallpox was an infectious disease caused by variola virus (often called smallpox virus) which belongs to the genus Orthopoxvirus. The last naturally occurring case was diagnosed in October 1977, and the World Health Organization (WHO) c ...
was endemic in Europea, and passed on the disease to indigenous people. Tribes such as the Huron-Wendat and others in the Northeast particularly suffered devastating epidemics after 1634.Gary Warrick, "European Infectious Disease and Depopulation of the Wendat-Tionontate (Huron-Petun)", ''World Archaeology'' 35 (October 2003), 258–275. During this period European powers fought to acquire cultural and economic control of North America, just as they were doing in Europe. At the same time, indigenous peoples competed for dominance in the European fur trade and hunting areas. The European colonial powers sought to hire Native American tribes as auxiliary forces in their North American armies, otherwise composed mostly of colonial militia in the early conflicts. In many cases indigenous warriors formed the great majority of fighting forces, which deepened some of their rivalries. To secure the help of the tribes, the Europeans offered goods and signed treaties. The treaties usually promised that the European power would honor the tribe's traditional lands and independence. In addition, the indigenous peoples formed alliances for their own reasons, wanting to keep allies in the fur and
gun A gun is a ranged weapon designed to use a shooting tube (gun barrel) to launch projectiles. The projectiles are typically solid, but can also be pressurized liquid (e.g. in water guns/cannons, spray guns for painting or pressure washing, p ...
trades, positioning European allies against their traditional enemies among other tribes, etc. Many Native American tribes took part in King William's War (1689–1697),
Queen Anne's War Queen Anne's War (1702–1713) was the second in a series of French and Indian Wars fought in North America involving the colonial empires of Great Britain, France, and Spain; it took place during the reign of Anne, Queen of Great Britain. In E ...
(1702–1713) (
War of the Spanish Succession The War of the Spanish Succession was a European great power conflict that took place from 1701 to 1714. The death of childless Charles II of Spain in November 1700 led to a struggle for control of the Spanish Empire between his heirs, Phil ...
), Dummer's War (c. 1721–1725), and the
French and Indian War The French and Indian War (1754–1763) was a theater of the Seven Years' War, which pitted the North American colonies of the British Empire against those of the French, each side being supported by various Native American tribes. At the ...
(1754–1763) (
Seven Years' War The Seven Years' War (1756–1763) was a global conflict that involved most of the European Great Powers, and was fought primarily in Europe, the Americas, and Asia-Pacific. Other concurrent conflicts include the French and Indian War (175 ...
). As the dominant power after the Seven Years' War,
Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It i ...
instituted the
Royal Proclamation of 1763 The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Procla ...
, to try to protect indigenous peoples' territory from colonial encroachment of peoples from east of the
Appalachian Mountains The Appalachian Mountains, often called the Appalachians, (french: Appalaches), are a system of mountains in eastern to northeastern North America. The Appalachians first formed roughly 480 million years ago during the Ordovician Period. They ...
. The document defined a boundary to demacarte Native American territory from that of the European-American settlers. Despite the intentions of
the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
, the proclamation did not effectively prevent colonists from continuing to migrate westward. The British did not have sufficient forces to patrol the border and keep out migrating colonists. From the perspective of the colonists, the proclamation served as one of the
Intolerable Acts The Intolerable Acts were a series of punitive laws passed by the British Parliament in 1774 after the Boston Tea Party. The laws aimed to punish Massachusetts colonists for their defiance in the Tea Party protest of the Tea Act, a tax measur ...
and one of the
27 colonial grievances 7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, s ...
that would lead to the
American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revoluti ...
and eventual independence from Britain.


The United States and Native Americans, 1776–1860

The most important facet of the foreign policy of the newly independent United States was primarily concerned with devising a policy to deal with the various Native American tribes it bordered. To this end, they largely continued the practises that had been adopted since colonial times by settlers and European governments.Fritz, Henry E. (1963). ''The Movement for Indian in 1860–1890''. University of Pennsylvania Press. They realized that good relations with bordering tribes were important for political and trading reasons, but they also reserved the right to abandon these good relations to conquer and absorb the lands of their enemies and allies alike as the American frontier moved west. The United States continued the use of Native Americans as allies, including during the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
and the
War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States, United States of America and its Indigenous peoples of the Americas, indigenous allies against the United Kingdom of Great Britain and Ireland, United Kingdom ...
. As relations with Britain and Spain normalized during the early 19th century, the need for such friendly relations ended. It was no longer necessary to "woo" the tribes to prevent the other powers from allying with them against the United States. Now, instead of a buffer against European powers, the tribes often became viewed as an obstacle in the expansion of the United States. George Washington formulated a policy to encourage the "civilizing" process. He had a six-point plan for civilization which included: # impartial justice toward Native Americans # regulated buying of Native American lands # promotion of commerce # promotion of experiments to civilize or improve Native American society # presidential authority to give presents # punishing those who violated Native American rights. Robert Remini, a historian, wrote that "once the Indians adopted the practice of private property, built homes, farmed, educated their children, and embraced Christianity, these Native Americans would win acceptance from white Americans". The United States appointed agents, like Benjamin Hawkins, to live among the Native Americans and to teach them how to live like whites.


Indian removal

The
Indian Removal Act The Indian Removal Act 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 ...
of 1830 characterized the U.S. government policy of Indian removal, which called for the forced relocation of Native American tribes living east of the Mississippi River to lands west of the river. While it did not authorize the forced removal of the indigenous tribes, it authorized the President to negotiate land exchange treaties with tribes located in lands of the United States. The Intercourse Law of 1834 prohibited United States citizens from entering tribal lands granted by such treaties without permission, though it was often ignored. On September 27, 1830, the Choctaws signed Treaty of Dancing Rabbit Creek and the first Native American tribe was to be voluntarily removed. The agreement represented one of the largest transfers of land that was signed between the U.S. Government and Native Americans without being instigated by warfare. By the treaty, the Choctaws signed away their remaining traditional homelands, opening them up for American settlement in Mississippi Territory. While the Indian Removal Act made the relocation of the tribes voluntary, it was often abused by government officials. The best-known example is the
Treaty of New Echota 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. The treaty established ter ...
. It was negotiated and signed by a small fraction of
Cherokee The Cherokee (; chr, ᎠᏂᏴᏫᏯᎢ, translit=Aniyvwiyaʔi or Anigiduwagi, or chr, ᏣᎳᎩ, links=no, translit=Tsalagi) are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, t ...
tribal members, not the tribal leadership, on December 29, 1835. While tribal leaders objected to Washington, DC and the treaty was revised in 1836, the state of Georgia proceeded to act against the Cherokee tribe. The tribe was forced to relocate in 1838. An estimated 4,000 Cherokees died in the march, now known as the
Trail of Tears The Trail of Tears was an ethnic cleansing and forced displacement of approximately 60,000 people of the " Five Civilized Tribes" between 1830 and 1850 by the United States government. As part of the Indian removal, members of the Cherokee, ...
. In the decades that followed, white settlers encroached even into the western lands set aside for Native Americans. American settlers eventually made homesteads from coast to coast, just as the Native Americans had before them. No tribe was untouched by the influence of white traders, farmers, and soldiers.


Office of Indian Affairs

The Office of Indian Affairs ( Bureau of Indian Affairs as of 1947) was established on March 11, 1824, as an office of the
United States Department of War The United States Department of War, also called the War Department (and occasionally War Office in the early years), was the United States Cabinet department originally responsible for the operation and maintenance of the United States Army, ...
, an indication of the state of relations with the Indians. It became responsible for negotiating treaties and enforcing conditions, at least for Native Americans. In 1849 the bureau was transferred to the Department of the Interior as so many of its responsibilities were related to the holding and disposition of large land assets. In 1854 Commissioner George W. Manypenny called for a new code of regulations. He noted that there was no place in the West where the Indians could be placed with a reasonable hope that they might escape conflict with white settlers. He also called for the Intercourse Law of 1834 to be revised, as its provisions had been aimed at individual intruders on Indian territory rather than at organized expeditions. In 1858 the succeeding Commissioner, Charles Mix, noted that the repeated removal of tribes had prevented them from acquiring a taste for European way of life. In 1862 Secretary of the Interior Caleb B. Smith questioned the wisdom of treating tribes as quasi-independent nations. Given the difficulties of the government in what it considered good efforts to support separate status for Native Americans, appointees and officials began to consider a policy of Americanization instead.


Americanization and assimilation (1857–1920)

The movement to reform Indian administration and assimilate Indians as citizens originated in the pleas of people who lived in close association with the natives and were shocked by the fraudulent and indifferent management of their affairs. They called themselves " Friends of the Indian" and lobbied officials on their behalf. Gradually the call for change was taken up by Eastern reformers. Typically the reformers were Protestants from well organized denominations who considered assimilation necessary to the Christianizing of the Indians; Catholics were also involved. The 19th century was a time of major efforts in evangelizing missionary expeditions to all non-Christian people. In 1865 the government began to make contracts with various missionary societies to operate Indian schools for teaching citizenship, English, and agricultural and mechanical arts, and decades later was continued by the Bureau of Indian Affairs.


Grant's "Peace Policy"

In his State of the Union Address on December 4, 1871, Ulysses Grant stated that "the policy pursued toward the Indians has resulted favorably ... many tribes of Indians have been induced to settle upon reservations, to cultivate the soil, to perform productive labor of various kinds, and to partially accept civilization. They are being cared for in such a way, it is hoped, as to induce those still pursuing their old habits of life to embrace the only opportunity which is left them to avoid extermination." The emphasis became using civilian workers (not soldiers) to deal with reservation life, especially Protestant and Catholic organizations. The Quakers had promoted the peace policy in the expectation that applying Christian principles to Indian affairs would eliminate corruption and speed assimilation. Most Indians joined churches but there were unexpected problems, such as rivalry between Protestants and Catholics for control of specific reservations in order to maximize the number of souls converted. The Quakers were motivated by high ideals, played down the role of conversion, and worked well with the Indians. They had been highly organized and motivated by the anti-slavery crusade, and after the Civil War expanded their energies to include both ex-slaves and the western tribes. They had Grant's ear and became the principal instruments for his peace policy. During 1869–1885, they served as appointed agents on numerous reservations and superintendencies in a mission centered on moral uplift and manual training. Their ultimate goal of acculturating the Indians to American culture was not reached because of frontier land hunger and Congressional patronage politics. Many other denominations volunteered to help. In 1871, John H. Stout, sponsored by the Dutch Reformed Church, was sent to the Pima reservation in Arizona to implement the policy. However Congress, the church, and private charities spent less money than was needed; the local whites strongly disliked the Indians; the Pima balked at removal; and Stout was frustrated at every turn. In Arizona and New Mexico, the Navajo were resettled on reservations and grew rapidly in numbers. The Peace Policy began in 1870 when the Presbyterians took over the reservations. They were frustrated because they did not understand the Navajo. However, the Navajo not only gave up raiding but soon became successful at sheep ranching. The peace policy did not fully apply to the Indian tribes that had supported the Confederacy. They lost much of their land as the United States began to confiscate the western portions of the Indian Territory and began to resettle the Indians there on smaller reservations. Reaction to the massacre of Lt. Col. George Custer's unit at the
Battle of the Little Big Horn The Battle of the Little Bighorn, known to the Lakota and other Plains Indians as the Battle of the Greasy Grass, and also commonly referred to as Custer's Last Stand, was an armed engagement between combined forces of the Lakota Sioux, Nor ...
in 1876 was shock and dismay at the failure of the Peace Policy. The Indian appropriations measure of August 1876 marked the end of Grant's Peace Policy. The Sioux were given the choice of either selling their lands in the Black Hills for cash or not receiving government gifts of food and other supplies.


Code of Indian Offenses

In 1882, Interior Secretary Henry M. Teller called attention to the "great hindrance" of Indian customs to the progress of assimilation. The resultant "Code of Indian Offenses" in 1883 outlined the procedure for suppressing "evil practice." A Court of Indian Offenses, consisting of three Indians appointed by the Indian Agent, was to be established at each Indian agency. The Court would serve as judges to punish offenders. Outlawed behavior included participation in traditional dances and feasts, polygamy, reciprocal gift giving and funeral practices, and intoxication or sale of liquor. Also prohibited were "medicine men" who "use any of the arts of the conjurer to prevent the Indians from abandoning their heathenish rites and customs." The penalties prescribed for violations ranged from 10 to 90 days imprisonment and loss of government-provided rations for up to 30 days. The
Five Civilized Tribes The term Five Civilized Tribes was applied by European Americans in the colonial and early federal period in the history of the United States to the five major Native American nations in the Southeast—the Cherokee, Chickasaw, Choctaw, Creek ...
were exempt from the Code which remained in effect until 1933. In implementation on reservations by Indian judges, the Court of Indian Offenses became mostly an institution to punish minor crimes. The 1890 report of the Secretary of the Interior lists the activities of the Court on several reservations and apparently no Indian was prosecuted for dances or "heathenish ceremonies." Significantly, 1890 was the year of the Ghost Dance, ending with the Wounded Knee Massacre.


The role of the Supreme Court in assimilation

In 1857, Chief Justice
Roger B. Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
expressed that since Native Americans were "free and independent people" that they could become U.S. citizens. Taney asserted that Native Americans could be naturalized and join the "political community" of the United States. The political ideas during the time of assimilation policy are known by many Indians as the
progressive era The Progressive Era (late 1890s – late 1910s) was a period of widespread social activism and political reform across the United States focused on defeating corruption, monopoly, waste and inefficiency. The main themes ended during Am ...
, but more commonly known as the assimilation era) The progressive era was characterized by a resolve to emphasize the importance of dignity and independence in the modern industrialized world.Tomlins, Christopher L. The United States Supreme Court: the pursuit of justice. Boston, MA: Houghton Mifflin Co. 2005. (175–176) Print. This idea is applied to Native Americans in a quote from Indian Affairs Commissioner John Oberly: " he Native Americanmust be imbued with the exalting egotism of American civilization so that he will say ‘I’ instead of ‘We’, and ‘This is mine’ instead of ‘This is ours’."Wilkins, David E. American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice. University of Texas Press, 1997. (78–81) Print. Progressives also had faith in the knowledge of experts. This was a dangerous idea to have when an emerging science was concerned with ranking races based on moral capabilities and intelligence. Indeed, the idea of an inferior Indian race made it into the courts. The progressive era thinkers also wanted to look beyond legal definitions of equality to create a realistic concept of fairness. Such a concept was thought to include a reasonable income, decent working conditions, as well as health and leisure for every American. These ideas can be seen in the decisions of the Supreme Court during the assimilation era. Cases such as Lone Wolf v. Hitchcock, Talton v. Mayes, Winters v. United States, United States v. Winans, United States v. Nice, and United States v. Sandoval provide excellent examples of the implementation of the paternal view of Native Americans as they refer back to the idea of Indians as "wards of the nation". Some other issues that came into play were the hunting and fishing rights of the natives, especially when land beyond theirs affected their own practices, whether or not Constitutional rights necessarily applied to Indians, and whether tribal governments had the power to establish their own laws. As new legislation tried to force the American Indians into becoming just Americans, the Supreme Court provided these critical decisions. Native American nations were labeled "domestic dependent nations" by Marshall in
Cherokee Nation v. Georgia ''Cherokee Nation v. Georgia'', 30 U.S. (5 Pet.) 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but ...
, one of the first landmark cases involving Indians. Some decisions focused more on the dependency of the tribes, while others preserved tribal sovereignty, while still others sometimes managed to do both.


Decisions focusing on dependence


''United States vs. Kagama''

The United States Supreme Court case '' United States v. Kagama'' (1886) set the stage for the court to make even more powerful decisions based on plenary power. To summarize congressional plenary power, the court stated: The decision in ''United States v. Kagama'' led to the new idea that "protection" of Native Americans could justify intrusion into intratribal affairs. The Supreme Court and Congress were given unlimited authority with which to force assimilation and acculturation of Native Americans into American society.


''United States v. Nice''

During the years leading up to passage of the Eighteenth Amendment and the Volstead Act, ''United States v. Nice'' (1916), was a result of the idea of barring American Indians from the sale of liquor. The United States Supreme Court case overruled a decision made eleven years before, ''Matter of Heff'', , which allowed American Indian U.S. citizens to drink liquor. The quick reversal shows how law concerning American Indians often shifted with the changing governmental and popular views of American Indian tribes. The US Congress continued to prohibit the sale of liquor to American Indians. While many tribal governments had long prohibited the sale of alcohol on their reservations, the ruling implied that American Indian nations could not be entirely independent, and needed a guardian for protection.


''United States v. Sandoval''

Like ''United States v. Nice,'' the United States Supreme Court case of '' United States v. Sandoval'' (1913) rose from efforts to bar American Indians from the sale of liquor. As American Indians were granted citizenship, there was an effort to retain the ability to protect them as a group which was distinct from regular citizens. The Sandoval Act reversed the ''U.S. v. Joseph'' decision of 1876, which claimed that the Pueblo were not considered federal Indians. The 1913 ruling claimed that the Pueblo were "not beyond the range of congressional power under the Constitution". This case resulted in Congress continuing to prohibit the sale of liquor to American Indians. The ruling continued to suggest that American Indians needed protection.


Decisions focusing on sovereignty

There were several United States Supreme Court cases during the assimilation era that focused on the
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
of American Indian nations. These cases were extremely important in setting precedents for later cases and for legislation dealing with the sovereignty of American Indian nations.


''Ex parte Crow Dog'' (1883)

'' Ex parte Crow Dog'' was a US Supreme Court appeal by an Indian who had been found guilty of murder and sentenced to death. The defendant was an American Indian who had been found guilty of the murder of another American Indian.
Crow Dog Crow Dog (also Kȟaŋǧí Šúŋka, Jerome Crow Dog; 1833 – August 1912) was a Brulé Lakota subchief, born at Horse Stealing Creek, Montana Territory. Family He was the nephew of former principal chief Conquering Bear, who was killed in 1854 in ...
argued that the district court did not have the jurisdiction to try him for a crime committed between two American Indians that happened on an American Indian reservation. The court found that although the reservation was located within the territory covered by the district court's jurisdiction, Rev. Stat. § 2146 precluded the inmate's indictment in the district court. Section 2146 stated that Rev. Stat. § 2145, which made the criminal laws of the United States applicable to Indian country, did not apply to crimes committed by one Indian against another, or to crimes for which an Indian was already punished by the law of his tribe. The Court issued the writs of ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' and ''certiorari'' to the Indian.


''Talton v. Mayes'' (1896)

The United States Supreme Court case of '' Talton v. Mayes'' was a decision respecting the authority of tribal governments. This case decided that the individual rights protections, specifically the Fifth Amendment, which limit federal, and later, state governments, do not apply to tribal government. It reaffirmed earlier decisions, such as the 1831 ''
Cherokee Nation v. Georgia ''Cherokee Nation v. Georgia'', 30 U.S. (5 Pet.) 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but ...
'' case, that gave Indian tribes the status of "domestic dependent nations", the sovereignty of which is independent of the federal government. ''Talton v. Mayes'' is also a case dealing with Native American dependence, as it deliberated over and upheld the concept of congressional plenary authority. This part of the decision led to some important pieces of legislation concerning Native Americans, the most important of which is the Indian Civil Rights Act of 1968.


''Good Shot v. United States'' (1900)

This United States Supreme Court case occurred when an American Indian shot and killed a non-Indian. The question arose of whether or not the United States Supreme Court had jurisdiction over this issue. In an effort to argue against the Supreme Court having jurisdiction over the proceedings, the defendant filed a petition seeking a writ of certiorari. This request for judicial review, upon writ of error, was denied. The court held that a conviction for murder, punishable with death, was no less a conviction for a capital crime by reason even taking into account the fact that the jury qualified the punishment. The American Indian defendant was sentenced to life in prison.


''Montoya v. United States'' (1901)

This United States Supreme court case came about when the surviving partner of the firm of E. Montoya & Sons petitioned against the United States and the Mescalero Apache Indians for the value their livestock which was taken in March 1880. It was believed that the livestock was taken by "Victorio's Band" which was a group of these American Indians. It was argued that the group of American Indians who had taken the livestock were distinct from any other American Indian tribal group, and therefore the Mescalero Apache American Indian tribe should not be held responsible for what had occurred. After the hearing, the Supreme Court held that the judgment made previously in the Court of Claims would not be changed. This is to say that the Mescalero Apache American Indian tribe would not be held accountable for the actions of Victorio's Band. This outcome demonstrates not only the sovereignty of American Indian tribes from the United States, but also their sovereignty from one another. One group of American Indians cannot be held accountable for the actions of another group of American Indians, even though they are all part of the American Indian nation.


''US v. Winans'' (1905)

In this case, the Supreme Court ruled in favor of the Yakama tribe, reaffirming their prerogative to fish and hunt on off-reservation land. Further, the case established two important principles regarding the interpretation of treaties. First, treaties would be interpreted in the way Indians would have understood them and "as justice and reason demand". Second, the Reserved Rights Doctrine was established which states that treaties are not rights granted to the Indians, but rather "a reservation by the Indians of rights already possessed and not granted away by them". These "reserved" rights, meaning never having been transferred to the United States or any other sovereign, include property rights, which include the rights to fish, hunt and gather, and political rights. Political rights reserved to the Indian nations include the power to regulate domestic relations, tax, administer justice, or exercise civil and criminal jurisdiction.


''Winters v. United States'' (1908)

The United States Supreme Court case '' Winters v. United States'' was a case primarily dealing with water rights of American Indian reservations. This case clarified what water sources American Indian tribes had "implied" rights to put to use. This case dealt with the Fort Belknap Indian Reservation and their right to utilize the water source of the Milk River in Montana. The reservation had been created without clearly stating the explicit water rights that the Fort Belknap American Indian reservation had. This became a problem once non-Indian settlers began moving into the area and using the Milk River as a water source for their settlements. As water sources are extremely sparse and limited in Montana, this argument of who had the legal rights to use the water was presented. After the case was tried, the Supreme Court came to the decision that the Fort Belknap reservation had reserved water rights through the 1888 agreement which had created the American Indian Reservation in the first place. This case was very important in setting a precedent for cases after the assimilation era. It was used as a precedent for the cases ''Arizona v. California'', '' Tulee v. Washington'', ''Washington v. McCoy'', ''Nevada v. United States'', ''Cappaert v. United States'', ''Colorado River Water Conservation Dist. v. United States'', ''United States v. New Mexico'', and ''Arizona v. San Carlos Apache Tribe of Arizona'' which all focused on the sovereignty of American Indian tribes.


''Choate v. Trapp'' (1912)

As more Native Americans received allotments through the
Dawes Act The Dawes Act of 1887 (also known as the General Allotment Act or the Dawes Severalty Act of 1887) regulated land rights on tribal territories within the United States. Named after Senator Henry L. Dawes of Massachusetts, it authorized the Pres ...
, there was a great deal of public and state pressure to tax allottees. However, in the United States Supreme court case '' Choate v. Trapp'', , the court ruled for Indian allottees to be exempt from state taxation. Wilkins, David, and K. Tsianina Lomawaima. Uneven Ground: American Indian Sovereignty and Federal Law. University of Oklahoma Press, 2001. (151) Print.


''Clairmont v. United States'' (1912)

This United States Supreme Court case resulted when a defendant appealed the decision on his case. The defendant filed a writ of error to obtain review of his conviction after being convicted of unlawfully introducing intoxicating liquor into an American Indian reservation. This act was found a violation of the Act of Congress of January 30, 1897, ch. 109, 29 Stat. 506. The defendant's appeal stated that the district court lacked jurisdiction because the offense for which he was convicted did not occur in American Indian country. The defendant had been arrested while traveling on a train that had just crossed over from American Indian country. The defendant's argument held and the Supreme Court reversed the defendant's conviction remanding the cause to the district court with directions to quash the indictment and discharge the defendant.


''United States v. Quiver'' (1916)

This case was sent to the United States Supreme Court after first appearing in a district court in South Dakota. The case dealt with adultery committed on a Sioux Indian reservation. The district court had held that adultery committed by an Indian with another Indian on an Indian reservation was not punishable under the act of March 3, 1887, c. 397, 24 Stat. 635, now § 316 of the Penal Code. This decision was made because the offense occurred on a Sioux Indian reservation which is not said to be under jurisdiction of the district court. The United States Supreme Court affirmed the judgment of the district court saying that the adultery was not punishable as it had occurred between two American Indians on an American Indian reservation.


Native American education and boarding schools


Non-reservation boarding schools

In 1634, Fr. Andrew White of the
Jesuits , image = Ihs-logo.svg , image_size = 175px , caption = ChristogramOfficial seal of the Jesuits , abbreviation = SJ , nickname = Jesuits , formation = , founders = ...
established a mission in what is now the state of
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
, and the purpose of the mission, stated through an interpreter to the chief of an Indian tribe there, was "to extend civilization and instruction to his ignorant race, and show them the way to heaven". The mission's annual records report that by 1640, a community had been founded which they named St. Mary's, and the Indians were sending their children there to be educated. This included the daughter of the Pascatoe Indian chief Tayac, which suggests not only a school for Indians, but either a school for girls, or an early co-ed school. The same records report that in 1677, "a school for humanities was opened by our Society in the centre of aryland directed by two of the Fathers; and the native youth, applying themselves assiduously to study, made good progress. Maryland and the recently established school sent two boys to St. Omer who yielded in abilities to few Europeans, when competing for the honour of being first in their class. So that not gold, nor silver, nor the other products of the earth alone, but men also are gathered from thence to bring those regions, which foreigners have unjustly called ferocious, to a higher state of virtue and cultivation." In 1727, the Sisters of the Order of Saint Ursula founded Ursuline Academy in New Orleans, which is currently the oldest, continuously-operating school for girls and the oldest Catholic school in the United States. From the time of its foundation it offered the first classes for Native American girls, and would later offer classes for female African-American slaves and free women of color. The Carlisle Indian Industrial School founded by Richard Henry Pratt in 1879 was the first Indian boarding school established. Pratt was encouraged by the progress of Native Americans whom he had supervised as prisoners in Florida, where they had received basic education. When released, several were sponsored by American church groups to attend institutions such as
Hampton Institute Hampton University is a private, historically black, research university in Hampton, Virginia. Founded in 1868 as Hampton Agricultural and Industrial School, it was established by Black and White leaders of the American Missionary Association aft ...
. He believed education was the means to bring American Indians into society. Pratt professed "assimilation through total immersion". Because he had seen men educated at schools like Hampton Institute become educated and assimilated, he believed the principles could be extended to Indian children. Immersing them in the larger culture would help them adapt. In addition to reading, writing, and arithmetic, the Carlisle curriculum was modeled on the many industrial schools: it constituted vocational training for boys and domestic science for girls, in expectation of their opportunities on the reservations, including chores around the school and producing goods for market. In the summer, students were assigned to local farms and townspeople for boarding and to continue their immersion. They also provided labor at low cost, at a time when many children earned pay for their families. Carlisle and its curriculum became the model for schools sponsored by the Bureau of Indian Affairs. By 1902 there were twenty-five federally funded non-reservation schools across fifteen states and territories with a total enrollment of over 6,000. Although federal legislation made education compulsory for Native Americans, removing students from reservations required parental authorization. Officials coerced parents into releasing a quota of students from any given reservation. Once the new students arrived at the boarding schools, their lives altered drastically. They were usually given new haircuts, uniforms of European-American style clothes, and even new English names, sometimes based on their own, other times assigned at random. They could no longer speak their own languages, even with each other. They were expected to attend Christian churches. Their lives were run by the strict orders of their teachers, and it often included grueling chores and stiff punishments. Additionally, infectious disease was widespread in society, and often swept through the schools. This was due to lack of information about causes and prevention, inadequate sanitation, insufficient funding for meals, overcrowded conditions, and students whose resistance was low. An Indian boarding school was one of many schools that were established in the United States during the late 19th century to educate Native American youths according to American standards. In some areas, these schools were primarily run by missionaries. Especially given the young age of some of the children sent to the schools, they have been documented as traumatic experiences for many of the children who attended them. They were generally forbidden to speak their native languages, taught
Christianity Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global pop ...
instead of their native religions, and in numerous other ways forced to abandon their Indian identity and adopt American culture. Many cases of mental and sexual abuse have been documented, as in
North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the indigenous Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minnesota to the east, So ...
. Little recognition to the drastic change in life of the younger children was evident in the forced federal rulings for compulsory schooling and sometimes harsh interpretation in methods of gathering, even to intruding in the Indian homes. This proved extremely stressful to those who lived in the remote desert of Arizona on the Hopi Mesas well isolated from the American culture. Separation and boarding school living would last several years. It remains today, a topic in traditional Hopi Indian recitations of their history—the traumatic situation and resistance to government edicts for forced schooling. Conservatives in the village of Oraibi opposed sending their young children to the Government school located in Keams Canyon. It was far enough away to require full time boarding for at least each school year. At the closing of the nineteenth century, the Hopi were for the most part a walking society. Unfortunately, visits between family and the schooled children were impossible. As a result, children were hidden to prevent forced collection by the U.S. military. Wisely, the Indian Agent, Leo Crane requested the military troop to remain in the background while he and his helpers searched and gathered the youngsters for their multi-day travel by military wagon and year-long separation from their family. By 1923 in the Northwest, most Indian schools had closed and Indian students were attending public schools. States took on increasing responsibility for their education. Other studies suggest attendance in some Indian boarding schools grew in areas of the United States throughout the first half of the 20th century, doubling from 1900 to the 1960s.Colmant, S.A. (2000). "U.S. and Canadian Boarding Schools: A Review, Past and Present", ''Native Americas Journal'', 17 (4), 24–30. Enrollment reached its highest point in the 1970s. In 1973, 60,000 American Indian children were estimated to have been enrolled in an Indian boarding school. In 1976, the Tobeluk vs Lind case was brought by teenage Native Alaskan plaintiffs against the State of Alaska alleging that the public school situation was still an unequal one.


The Meriam Report of 1928

The Meriam Report, officially titled "The Problem of Indian Administration", was prepared for the Department of Interior. Assessments found the schools to be underfunded and understaffed, too heavily institutionalized, and run too rigidly. What had started as an idealistic program about education had gotten subverted. It recommended: * abolishing the "Uniform Course of Study", which taught only majority American cultural values; * having younger children attend community schools near home, though older children should be able to attend non-reservation schools; and * ensuring that the Indian Service provided Native Americans with the skills and education to adapt both in their own traditional communities (which tended to be more rural) and the larger American society.


Indian New Deal

John Collier, the Commissioner of Indian Affairs, 1933–1945, set the priorities of the New Deal policies toward Native Americans, with an emphasis on reversing as much of the assimilationist policy as he could. Collier was instrumental in ending the loss of reservations lands held by Indians, and in enabling many tribal nations to re-institute self-government and preserve their traditional culture. Some Indian tribes rejected the unwarranted outside interference with their own political systems the new approach had brought them. Collier's 1920– 1922 visit to
Taos Pueblo Taos Pueblo (or Pueblo de Taos) is an ancient pueblo belonging to a Taos-speaking (Tiwa) Native American tribe of Puebloan people. It lies about north of the modern city of Taos, New Mexico. The pueblos are considered to be one of the oldest ...
had a lasting impression on Collier. He now saw the Indian world as morally superior to American society, which he considered to be "physically, religiously, socially, and aesthetically shattered, dismembered, directionless". Collier came under attack for his romantic views about the moral superiority of traditional society as opposed to modernity. Philp says after his experience at the Taos Pueblo, Collier "made a lifelong commitment to preserve tribal community life because it offered a cultural alternative to modernity. ... His romantic stereotyping of Indians often did not fit the reality of contemporary tribal life." Collier carried through the Indian New Deal with Congress' passage of the
Indian Reorganization Act of 1934 The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act, was U.S. federal legislation that dealt with the status of American Indians in the United States. It was the centerpiece of what has been often called the "Indian ...
. It was one of the most influential and lasting pieces of legislation relating to federal Indian policy. Also known as the Wheeler–Howard Act, this legislation reversed fifty years of assimilation policies by emphasizing Indian self-determination and a return of communal Indian land, which was in direct contrast with the objectives of the
Indian General Allotment Act of 1887 The Dawes Act of 1887 (also known as the General Allotment Act or the Dawes Severalty Act of 1887) regulated land rights on tribal territories within the United States. Named after Senator Henry L. Dawes of Massachusetts, it authorized the Pres ...
. Collier was also responsible for getting the Johnson–O'Malley Act passed in 1934, which allowed the Secretary of the Interior to sign contracts with state governments to subsidize public schooling, medical care, and other services for Indians who did not live on reservations. The act was effective only in Minnesota. Collier's support of the Navajo Livestock Reduction program resulted in Navajo opposition to the Indian New Deal. The Indian Rights Association denounced Collier as a "dictator" and accused him of a "near reign of terror" on the Navajo reservation.Brian W. Dippie, ''The Vanishing American: White Attitudes and U.S. Indian Policy'' (1991) pp 333–336, quote p 335 According to historian Brian Dippie, "(Collier) became an object of 'burning hatred' among the very people whose problems so preoccupied him."


Change to community schools

Several events in the late 1960s and mid-1970s (Kennedy Report, National Study of American Indian Education, Indian Self-Determination and Education Assistance Act of 1975) led to renewed emphasis on community schools. Many large Indian boarding schools closed in the 1980s and early 1990s. In 2007, 9,500 American Indian children lived in an Indian boarding school dormitory. From 1879 when the Carlisle Indian School was founded to the present day, more than 100,000 American Indians are estimated to have attended an Indian boarding school. A similar system in Canada was known as the
Canadian residential school system In Canada, the Indian residential school system was a network of boarding schools for Indigenous peoples. The network was funded by the Canadian government's Department of Indian Affairs and administered by Christian churches. The school ...
.


Lasting effects of the Americanization policy

While the concerted effort to assimilate Native Americans into American culture was abandoned officially, integration of Native American tribes and individuals continues to the present day. Often Native Americans are perceived as having been assimilated. However, some Native Americans feel a particular sense of being from another society or do not belong in a primarily "white" European majority society, despite efforts to socially integrate them. In the mid-20th century, as efforts were still under way for assimilation, some studies treated American Indians simply as another ethnic minority, rather than citizens of semi-sovereign entities which they are entitled to by treaty. The following quote from the May 1957 issue of ''Annals of the American Academy of Political and Social Science'', shows this: Since the 1960s, however, there have been major changes in society. Included is a broader appreciation for the pluralistic nature of United States society and its many ethnic groups, as well as for the special status of Native American nations. More recent legislation to protect Native American religious practices, for instance, points to major changes in government policy. Similarly the
Native American Graves Protection and Repatriation Act The Native American Graves Protection and Repatriation Act (NAGPRA), Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048, is a United States federal law enacted on November 16, 1990. The Act requires federal agencies and institutions tha ...
of 1990 was another recognition of the special nature of Native American culture and federal responsibility to protect it. As of 2013, "Montana is the only state in the U.S. with a constitutional mandate to teach American Indian history, culture, and heritage to preschool through higher education students via the Indian Education for All Act." The "Indian Education for All" curriculum, created by the
Montana Office of Public Instruction The Montana Office of Public Instruction (OPI) is the state education agency of Montana. Elsie Arntzen currently serves as the Montana Superintendent of Public Instruction. The agency is headquartered in Helena Helena may refer to: People *He ...
, is distributed online for primary and secondary schools.


Modern cultural and linguistic preservation

To evade a shift to English, some Native American tribes have initiated language immersion schools for children, where a native Indian language is the medium of instruction. For example, the Cherokee Nation instigated a 10-year language preservation plan that involved growing new fluent speakers of the Cherokee language from childhood on up through school immersion programs as well as a collaborative community effort to continue to use the language at home. This plan was part of an ambitious goal that in 50 years, 80% or more of the Cherokee people will be fluent in the language. The
Cherokee Preservation Foundation Cherokee Preservation Foundation is an independent nonprofit foundation established in 2000 as part of the Tribal-State Compact amendment between the Eastern Band of Cherokee Indians (EBCI) and the State of North Carolina. The Foundation is fund ...
has invested $3 million into opening schools, training teachers, and developing curricula for language education, as well as initiating community gatherings where the language can be actively used. Formed in 2006, the Kituwah Preservation & Education Program (KPEP) on the Qualla Boundary focuses on language immersion programs for children from birth to fifth grade, developing cultural resources for the general public and community language programs to foster the Cherokee language among adults.Kituwah Preservation & Education Program Powerpoint, by Renissa Walker (2012)'. 2012. Print. There is also a Cherokee language immersion school in
Tahlequah, Oklahoma Tahlequah ( ; ''Cherokee'': ᏓᎵᏆ, ''daligwa'' ) is a city in Cherokee County, Oklahoma located at the foothills of the Ozark Mountains. It is part of the Green Country region of Oklahoma and was established as a capital of the 19th-cent ...
that educates students from pre-school through eighth grade. Because Oklahoma's official language is English, Cherokee immersion students are hindered when taking state-mandated tests because they have little competence in English. The Department of Education of Oklahoma said that in 2012 state tests: 11% of the school's sixth-graders showed proficiency in math, and 25% showed proficiency in reading; 31% of the seventh-graders showed proficiency in math, and 87% showed proficiency in reading; 50% of the eighth-graders showed proficiency in math, and 78% showed proficiency in reading. The Oklahoma Department of Education listed the charter school as a Targeted Intervention school, meaning the school was identified as a low-performing school but has not so that it was a Priority School. Ultimately, the school made a C, or a 2.33 grade point average on the state's A–F report card system. The report card shows the school getting an F in mathematics achievement and mathematics growth, a C in social studies achievement, a D in reading achievement, and an A in reading growth and student attendance. "The C we made is tremendous," said school principal Holly Davis, " ere is no English instruction in our school's younger grades, and we gave them this test in English." She said she had anticipated the low grade because it was the school's first year as a state-funded
charter school A charter school is a school that receives government funding but operates independently of the established state school system in which it is located. It is independent in the sense that it operates according to the basic principle of autono ...
, and many students had difficulty with English. Eighth graders who graduate from the Tahlequah immersion school are fluent speakers of the language, and they usually go on to attend Sequoyah High School where classes are taught in both English and Cherokee.


See also

*
Acculturation Acculturation is a process of social, psychological, and cultural change that stems from the balancing of two cultures while adapting to the prevailing culture of the society. Acculturation is a process in which an individual adopts, acquires and ...
*
American Indian boarding schools American Indian boarding schools, also known more recently as American Indian residential schools, were established in the United States from the mid 17th to the early 20th centuries with a primary objective of "civilizing" or assimilating Na ...
* Bureau of Indian Affairs *
Canadian Indian residential school system In Canada, the Indian residential school system was a network of boarding schools for Indigenous peoples. The network was funded by the Canadian government's Department of Indian Affairs and administered by Christian churches. The school s ...
*
Contemporary Native American issues in the United States Contemporary Native American issues in the United States are issues arising in the late 20th century and early 21st century which affect Native Americans in the United States. Many issues stem from the subjugation of Native Americans in society, ...
* Cultural appropriation *
Detraditionalization In social theory, detraditionalization refers to the erosion of tradition in religion (secularization, agnosticism, religious disaffiliation) and society in postmodernism. Subscribing individuals in traditional societies believe in established, ti ...
*
Detribalization Detribalization is the process by which persons who belong to a particular Indigenous ethnic identity or community are detached from that identity or community through the deliberate efforts of colonizers and/or the larger effects of colonialis ...
*
European colonization of the Americas During the Age of Discovery, a large scale European colonization of the Americas took place between about 1492 and 1800. Although the Norse had explored and colonized areas of the North Atlantic, colonizing Greenland and creating a short t ...
* Gradual Civilization Act *
Indian Relocation Act of 1956 The Indian Relocation Act of 1956 (also known as Public Law 959 or the Adult Vocational Training Program) was a United States law intended to create a "a program of vocational training" for Native Americans in the United States. Critics charact ...
* Indian Placement Program * Indian removal *
Indian termination policy 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 ...
* Modern social statistics of Native Americans * Native American identity in the United States * Native American reservation politics *
Native American self-determination Native American self-determination refers to the social movements, legislation and beliefs by which the Native American tribes in the United States exercise self-governance and decision making on issues that affect their own people. Conceptua ...
*
Native Americans and reservation inequality Native American reservation inequality underlies a range of societal issues that affect the lives of Native Americans in the United States, Native American populations residing on reservations in the United States. About one third of the Native ...
* Russification * St. Joseph's Indian School * Tribal disenrollment * Tribal knowledge * Our Fires Still Burn * American Indian outing programs


Footnotes


Further reading

*Adams, David Wallace (1995). ''Education for Extinction: American Indians and the Boarding School Experience, 1875–1928''. University Press of Kansas. *Ahern, Wilbert H. (1994). "An Experiment Aborted: Returned Indian Students in the Indian School Service, 1881–1908", ''Ethnohistory'' 44(2), 246–267. *Borhek, J. T. (1995). "Ethnic Group Cohesion", ''American Journal of Sociology'' 9(40), 1–16. *Ellis, Clyde (1996). ''To Change Them Forever: Indian Education at the Rainy Mountain Boarding School, 1893–1920''. Norman: University of Oklahoma Press. *Hill, Howard C. (1919). "The Americanization Movement", ''American Journal of Sociology'', 24 (6), 609–642. *Hoxie, Frederick (1984). ''A Final Promise: The Campaign to Assimilate the Indians, 1880–1920''. Lincoln: University of Nebraska Press. *McKenzie, Fayette Avery (1914). "The Assimilation of the American Indian", ''The American Journal of Sociology'', Vol. 19, No. 6. (May), pp. 761–772. * Peshkin, Alan (1997). ''Places of Memory: Whiteman’s Schools and Native American Communities''. Lawrence Erlbaum Associates, Inc. * Rahill, Peter J. ''The Catholic Indian Missions and Grant's Peace Policy 1870-1884'' (1953
online
*Senier, Siobhan. ''Voices of American Indian Assimilation and Resistance: Helen Hunt Jackson, Sarah Winnemucca, and Victoria Howard''. University of Oklahoma Press (2003). *Spring, Joel (1994). ''Deculturalization and the Struggle for Equality: A Brief History of the Education of Dominated Cultures in the United States''. McGraw-Hill Inc. *Steger, Manfred B (2003). ''Globalization: A Very Short Introduction''. Oxford University Press. *Tatum, Laurie. ''Our Red Brothers and the Peace Policy of President Ulysses S. Grant.'' University of Nebraska Press (1970). *Wright, Robin K. (1991). ''A Time of Gathering: Native Heritage in Washington State''. University of Washington Press and the Thomas Burke Memorial Washington State Museum.


External links


Bureau of Indian Affairs
US Department of The Interior

Hartford World History Archives
NPR Report
National Public Radio {{Authority control Native Americans American culture Native American topics United States federal Indian policy Assimilation of indigenous peoples of North America Native American genocide