Friday, May 26, 2017

Law related to Indigenous Peoples

Allotment Act of 1891

ACT OF 1891


An act to amend and further extend the benefits of the act approved February eighth, eighteen hundred and eighty-seven, entitled "An act to provide for the allotment of land in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States over the Indians, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section one of the act entitled "An act to provide for the allotment of lands in severally to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes," approved February eighth, eighteen hundred and eighty-seven, be, and the same is hereby, amended so as to read as follows:

Sec. 1.
That in all cases where any tribe or band of Indians has been, or shall hereafter be, located upon any reservation created for their use, either by treaty stipulation or by virtue of an Act of Congress or Executive order setting apart the same for their use, the President of the United States be, and he hereby is, authorized, whenever in his opinion any reservation, or any part thereof, of such Indians is advantageous for agricultural or grazing purposes, to cause said reservation, or any part thereof, to be surveyed, or resurveyed, if necessary, and to allot to each Indian located thereon one-eighth of a section of land:

Provided, That in case there is not sufficient land in any of said reservations to allot lands to each individual in quantity as above provided the land in such reservation or reservations shall be allotted to each individual pro rata, as near as may be, according to legal subdivisions:

Provided further, That where the treaty or act of Congress setting apart such reservation provides for the allotment of lands in severalty to certain classes in quantity in excess of that herein provided the President, in making allotments upon such reservation, shall allot the land to each individual Indian of said classes belonging thereon in quantity as specified in such treaty or act, and to other Indians belonging thereon in quantity as herein provided:

Provided further, That where existing agreements or laws provide for allotments in accordance with the provisions of said act of February eighth, eighteen hundred and eighty-seven, or in quantities substantially as therein provided, allotments may be made in quantity as specified in this act, with the consent of the Indians, expressed in such manner as the President, in his discretion, may require:

And provided further, That when the lands allotted, or any legal subdivision thereof, are only valuable for grazing purposes, such lands shall be allotted in double quantities."

Sec. 2.
That where allotments have been made in whole or in part upon any reservation under the provisions of said act of February eighth, eighteen hundred and eighty-seven, and the quantity of land in such reservation is sufficient to give each member of the tribe eighty acres, such allotments shall be revised and equalized under the provisions of this act:

Provided, That no allotment heretofore approved by the Secretary of the Interior shall be reduced in quantity.

Sec. 3.
That whenever it shall be made to appear to the Secretary of the Interior that, by reason of age or other disability, any allottee under the provisions of said act, or any other act or treaty can not personally and with benefit to himself occupy or improve his allotment or any part thereof the same may be leased upon such terms, regulations and conditions as shall be prescribed by such Secretary, for a term not exceeding three years for farming or grazing, or ten years for mining purposes:

Provided, That where lands are occupied by Indians who have bought and paid for the same, and which lands are not needed for farming or agricultural purposes, and are not desired for individual allotments, the same may be leased by authority of the Council speaking for such Indians, for a period not to exceed five years for grazing, or ten years for mining purposes in such quantities and upon such terms and conditions as the agent in charge of such reservation may recommend, subject to the approval of the Secretary of the Interior.


Sec. 4.
That where any Indian entitled to allotment under existing laws shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children, in quantities and manner as provided in the foregoing section of this amending act for Indians residing upon reservations; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions provided in the act to which this is an amendment. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

Sec. 5. That for any purpose of determining the descent of land to the heirs of any deceased Indian under the provisions of the fifth section of said act, whenever any male and female Indian shall have cohabited together as husband and wife according to the custom and manner of Indian life the issue of such cohabitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so living together, and every Indian child, otherwise illegitimate, shall for such purpose be taken and deemed to be the legitimate issue of the father of such child:

Provided, That tile provisions of this act shall not be held or construed as to apply to the lands commonly called and known as the "Cherokee Outlet":

And provided further, That no allotment of lands shall be made or annuities of money paid to any of the Sac and Fox of the Missouri Indians who were not enrolled as members of said tribe on January first, eighteen hundred and ninety; but this shall not be held to impair or othervise affect the rights or equities of any person whose claim to membership in said tribe is now pending and being investigated.

Approved, February 28, 1891.

United States Statutes at Large, XXVI, 794-96.

Dawes Act 1887

General Allotment Act or Dawes Act (1887)

An act to provide for the allotment of lands in severally to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes.

Sec. 1
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where any tribe or band of Indians has been, or shall hereafter be, located upon any reservation created for their use, either by treaty stipulation or by virtue of an act of Congress or executive order setting apart the same for their use, the President of the United States be, and he hereby is, authorized, whenever in his opinion any reservation or any part therof of such Indians is advantageous for agricultural and grazing purposes, to cause said reservation, or any part thereof, to be surveyed, or resurveyed if necessary, and to allot the lands in said reservation in severalty to any Indian located thereon in quantities as follows:

To each head of a family, one-quarter of a section;

To each single person over eighteen years of age, one-eighth of a section;

To each orphan child under eighteen years of age, one-eighth of a section; and

To each other single person under eighteen years now living, or who may be born prior to the date of the order of the President directing an allotment of the lands embraced in any reservation, one- sixteenth of a section:

Provided, That in case there is not sufficient land in any of said reservations to allot lands to each individual of the classes above named in quantities as above provided, the lands embraced in such reservation or reservations shall be allotted to each individual of each of said classes pro rata in accordance with the provisions of this act:

And provided further, That where the treaty or act of Congress setting apart such reservation provides for the allotment of lands in severally in quantities in excess of those herein provided, the President, in making allotments upon such reservation, shall allot the lands to each individual Indian belonging thereon in quantity as specified in such treaty or act:

And provided further, That when the lands allotted are only valuable for grazing purposes, an additional allotment of such grazing lands, in quantities as above provided, shall be made to each individual.

Sec. 2.
That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for their minor children, and the agents shall select for each orphan child, and in such manner as to embrace the improvements of the Indians making the selection. Where the improvements of two or more Indians have been made on the same legal subdivision of land, unless they shall othenvise agree, a provisional line may be run dividing said lands between them, and the amount to which each is entitled shall be equalized in the assignment of the remainder of the land to which they are entitled under this act:

Provided, That if any one entitled to an allotment shall fail to make a selection within four years after the President shall direct that allotments may be made on a particular reservation, the Secretary of the Interior may direct the agent of such tribe or band, if such there be, and if there be no agent, then a special agent appointed for that purpose, to make a selection for such Indian, which selection shall be allotted as in cases where selections are made by the Indians, and patents shall issue in like manner.

Sec. 3.
That the allotments provided for in this act shall be made by special agents appointed by the President for such purpose, and the agents in charge of the respective reservations on which the allotments are directed to be made, under such rules and regulations as the Secretary of the Interior may from time to time prescribe, and shall be certified by such agents to the Commissioner of Indian Affairs, in duplicate, one copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office.

Sec. 4.
That where any Indian not residing upon a reservation, or for whose tribe no reservation has been provided by treaty, act of Congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations; and when such settlement is made upon unsurveyed lands, the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions as herein provided. And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them, from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

Sec. 5.
That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefore in the name of the allottees,which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian,or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever:

Provided,That the President of the United States may in any case in his discretion extend the period. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void:

Provided,That the law of descent and partition in force in the State or Territory where such lands are situate shall apply thereto after patents therefor have been executed and delivered,except as herein otherwise provided; and the laws of the State of Kansas regulating the descent and partition of real estate shall, so far as practicable, apply to all lands in the Indian Territory which may be allotted in severally under the provisions of this act:

And provided further, That at anytime after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the best interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress, and the form and manner of executing such release shall also be prescribed by Congress:

Provided however, That all lands adapted to agriculture, with or without irrigation so sold or released to the United States b) any Indian tribe shall be held by the United States for the sole purpose of securing homes to actual settlers and shall be disposed of by the United States to actual and bona fide settlers only in tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants which Congress may make in aid of education:

And provided further, That no patents shall issue therefor except to the person so taking the same as and for a homestead, or his heirs, and after the expiration of five years occupancy thereof as such homestead; and any conveyance of said lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of such patent, shall be null and void. And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall be held in the Treasury of the United States for the sole use of the tribe or tribes of Indians to whom such reservations belonged; and the same, with interest thereon at three per cent per annum, shall be at all times subject to appropriation by Congress for the education and civilization of such tribe or tribes of Indians or the members thereof. The patents aforesaid shall be recorded in the General Land Office, and afterward delivered, free of charge, to the allottee entitled thereto. And if any religious society or other organization is now occupying any of the public lands to which this act is applicable, for religious or educational work among the Indians, the Secretary of the Interior is hereby authorized to confirm such occupation to such society or organization, in quantity not exceeding one hundred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just; but nothing herein contained shall change or alter any claim of such society for religious or educational purposes heretofore granted by law. And hereafter in the employment of Indian police, or any other employee in the public service among any of the Indiall tribes or bands affected by this act, and where Indians can perform the duties required, those Indians who have availed themselves of the provisions of this act and become citizens of the United States shall be preferred.

Sec. 6.
That upon the completion of said allotments and the patenting of the lands to said allottees, each and every member of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. And every Indian born within the territroial limits of the United States to whom allotments shall have been made under the provision of this act, or under anylaw or treat, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civlized life, is hereby declared to be a citizen off the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property.

Sec. 7.
That in cases where the use of water for irrigation is necessary to render the lands within any Indian reservation available for agricultural purposes, the Secretary of the Interior be, and he is hereby, authorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such reservations; and no other appropriation or grant of water by any riparian proprietor shall be authorized or permitted to the damage of any other riparian proprietor.

Sec. 8.
That the provision of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory, nor to anv of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by executive order.

Sec. 9.
That for the purpose of making the surveys and resurveys mentioned in section two of this act, there be, and hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of one hundred thousand dollars, to be repaid proportionately out of the proceeds of the sales of such land as may be acquired from the Indians under the provisions of this act.

Sec. 10.
That nothing in this act shall be so construed as to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads or other highways, or telegraph lines, for the public use, or to condemn such lands to public uses, upon making just compensations.

Sec. ll.
That nothing in this act shall be so construed as to prevent the removal of the Southern Ute Indians from their present reservation in Southwestern Colorado to a new reservation by and with the consent of a majority of the adult male members of said tribe.

Approved, February 8,1887.

United States Statutes at Large, XXIV, 388-91

Indian Removal Act (1830)

Indian Removal Act (1830)


May 28, 1830
Chapter CXLVIII

An Act to provide for an exchange of lands with the Indians residing in any of the states or territories, and for their removal west of the river Mississippi.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state or organized territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other.

Sec. 2 And be it further enacted, That it shall and may be lawful for the President to exchange any or all of such districts, so to be laid off and described, with any tribe or nation of Indians now residing within the limits of any of the states or territories, and with which the United States have existing treaties, for the whole or any part or portion of the territory claimed and occupied by such tribe or nation, within the bounds of any one or more of the states or territories, where the land claimed and occupied by the Indians, is owned by the United States, or the United States are bound to the state within which it lies to extinguish the Indian claim thereto.

Sec. 3 And be it further enacted, That in the making of any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guarantee to them, and their heirs or successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Provided always, That such lands shall revert to the United States, if the Indians become extinct, or abandon the same.

Sec. 4 And be it further enacted, That if, upon any of the lands now occupied by the Indians, and to be exchanged for, there should be such improvements as add value to the land claimed by any individual or individuals of such tribes or nations, it shall and may be lawful for the President to cause such value to be ascertained by appraisement or otherwise, and to cause such ascertained value to be paid to the person or persons rightfully claiming such improvements. And upon the payment of such valuation, the improvements so valued and paid for, shall pass to the United States, and possession shall not afterwards be permitted to any of the same tribe.

Sec. 5 And be it further enacted, That upon the making of any such exchange as is contemplated by this act, it shall and may be lawful for the President to cause such aid and assistance to be furnished to the emigrants as may be necessary and proper to enable them to remove to, and settle in, the country for which they may have exchanged; and also, to give them such aid and assistance as may be necessary for their support and subsistence for the first year after their removal.

Sec. 6 And be it further enacted, That it shall and may be lawful for the President to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever.

Sec. 7 And be it further enacted, That it shall and may be lawful for the President to have the same superintendence and care over any tribe or nation in the country to which they may remove, as contemplated by this act, that he is now authorized to have over them at their present places of residence: Provided, That nothing in this act contained shall be construed as authorizing or directing the violation of any existing treaty between the United States and any of the Indian tribes.

Sec. 8 And be it further enacted, That for the purpose of giving effect to the provisions of this act, the sum of five hundred thousand dollars is hereby appropriated, to be paid out of any money in the treasury, not otherwise appropriated.

Taken from: The Cherokee Removal: A Brief History With Documents. Edited by Theda Perdue and Michael D. Green. New York: St. Martin's Press, 1995: p.116-7.

Native Americans: Law and Policies

Native Americans and the Law

Extermination and Conquest
1778 - 1850 Control by Treaties
1850 - 1924 Forced Acculturation
1925 - 1950 Cultural Pluralism
1950 - 1960 Termination Period
1960 - 1990 Development and Self-rule
1990 - Attack on Sovereignty and Treaties
1954 - Present Convergent of Minority Group Interests Civil Rights, Affirmative Action, Reentrenchment
Control By Treaties
Date Law/Policy
1778 Continental Congress affirmed that US policy toward Native Americans would the same as British policy.
1787 Ordinance for the Government of the Territory of the United States Northwest Ordinance of the Ohio River, July 13, 1787 (adopted as amended ch. 8, 1 Stat. 50), art. 3
1789 Deed from the Six Nations of Indians to the State of Pennsylvania, January, 1789
1789 Articles of Agreement Between the Chiefs, etc. of the Six Nations of Indians and the Commissioners of Pennsylvania . January 9, 1789.
1792 Agreement with the Five Nations of Indians, 1792. April 23, 1792.
1793 Nonintercourse Act of Mar. 1, 1793, ch. 19, S 8, 1 Stat. 329, 330.
1794 Treaty signed with Oneida, Tuscarora, and Stockbridge tribes
1797 Agreement with the Seneca, 1797. Sept. 15, 1797. 7 Stat 601
1798 Treaty with the Cherokee, October 2, 1798. 7 Stat 62
1801 Treaty with the Chickasaw, 1801. October 24, 1801. 7 Stat 66
1802 Trade and Intercourse Act, Ch. 33, 1 Stat. 137 (1790). Congress passed a series of such acts until 1834.
1803 Treaty with the Delawares, etc., 1803. June 7, 1803. 7 Stat 74
Treaty with the Eel River, etc. 1803. August 7, 1803. 7 Stat 77
Treaty with the Kaskaskia, 1803. August 13, 1803. 7 Stat 78
1804 Treaty with Piankeshaw, 1804. August 27, 1804. 7 Stat 83
Treaty with the Sauk and Foxes, 1804. November 3, 1804. 7 Stat 84
1805 Treaty with the Chickasaw, 1805. July 23, 1805. 7 Stat 89
Treaty with the Cherokee, 1805. October 25, 1805. 7 Stat 93
Treaty with the Piankashaw, 1805. December 30, 1805. 7 Stat 100
1807 Treaty with the Ottawa, etc., 1807. November 17, 1807. 7 Stat 105
1808 Treaty with the Chippewa, etc. 1808. November 25, 1808. 7 Stat 112
1814 Treaty with the Creeks, 1814. August 9, 1814. 7 Stat 120
1815 Treaty with the Piankashaw, 1815. July 18, 1815. 7 Stat 124
Treaty with the Kickapoo, 1815. September 2, 1815. 7 Stat 130
Treaty with the Wyandot, etc., 1815. September 8, 1815. 7 Stat 131
Treaty with the Osage, 1815. September 12, 1815. 7 Stat 133
Treaty with the Iowa, 1815. September 16, 1815. 7 Stat 136
1816 Treaty with the Sioux, 1816. June 1, 1816. 7 Stat 143
Treaty with the Winnebago, 1816. June 3, 1816. 7 Stat 144
Treaty with the Wea and Kickapoo, 1816. June 4, 1816. 7 Stat 145
Treaty with the Ottawa, etc., 1816. August 24, 1816. 7 Stat 146
1817 Treaty with the Menominee, 1817. March 30, 1817. 7 Stat 153
Treaty with the Cherokee, 1817. July 8, 1817. 7 Stat 156
Treaty with the Wyandot, etc., 1817. September 29, 1817. 7 Stat 160
1818 Agreement (Treaty) with the Piankeshaw, 1818. January 3, 1818.
Treaty with the Wyandot, etc., 1818. September 17, 1818. 7 Stat 178
Treaty with the Osage, 1818. September 25, 1818. 7 Stat 183
1819 Treaty with the Kickapoo, 1 19. July 30, 1819. 7 Stat 200
1819 Federal allocation of money for Native Americans' education; Indian Service established.
Civilization Fund Act
1823 Agreement (Treaty) with the Seneca, 1823. September 3, 1823.
1824 Bureau of Indian Affairs (BIA) established within the War Department
1825 Treaty with the Osage, 1825. June 2, 1825. 7 Stat 240
1826 Treaty with the Creeks, 1826. January 24, 1826. 7 Stat 286
Treaty with the Miami, 1826. October 23, 1826. 7 Stat 300
1828 Treaty with the Western Cherokee, 1828. May 6, 1828. 7 Stat 311
1830 Indian Removal Act, 4 Stat. 411 (1830).
Treaty with the Chickasaw, 1830. August 31, 1830.
Treaty with the Choctaw, 1830. September 27, 1830. 7 Stat 333
1831 Cherokee Nation v. State of Ga., 30 U.S. 1, 5 Pet. 1, 8 L.Ed. 25 (Mem) (U.S.Ga., Jan Term 1831) (Supreme Court recognized tribes as "domestic dependent nations")
Treaty with the Seneca, 1831. February 28, 1831. 7 Stat 348
Treaty with the Seneca, etc., 1831. July, 20, 1831. 7 Stat 351
Treaty with the Shawnee, 1831. August 8, 1831. 7 Stat 355
Treaty with the Ottawa, 1831. August 30, 1831. 7 Stat 359
1832 Worcester v. State of Ga., 31 U.S. 515, 6 Pet. 515, 8 L.Ed. 483 (Mem) (U.S.Ga., Jan Term 1832) (Supreme Court declared Indian tribes ("nations") had a right to self-government)
Treaty with the Sauk and Foxes, 1832. September 21, 1832. 7 Stat 374
Treaty with the Chickasaw, 1832. October 20, 1832. 7 Stat 381
Treaty with the Shawnee, Etc., 1832. October 26, 1832. 7 Stat 397
Treaty with the Potawatomi, 1832. October 27, 1832. 7 Stat 399
Treaty with the Kaskaskia, Etc., 1832. October 27, 1832. 7 Stat 403
Treaty with the Piankashaw and Wea, 1832. October 29, 1832. 7 Stat 410
Treaty with the Seneca and Shawnee, 1832. December 29, 1832. 7 Stat 411
1833 Treaty with the Western Cherokee, 1833. February 14, 1833. 7 Stat 414
Treaty with the Creeks, 1833. February 14, 1833. 7 Stat 417
Treaty with the Appalachicola Band, 1833. June 18, 1833. 7 Stat 427
Treaty with the Chippewa, Etc., 1833. September 26, 1833. 7 Stat 431
1834 Congress declared an Indian Territory in what is now Oklahoma
Treaty with the Miami, 1834. October 23, 1834. 7 Stat 458
Agreement (treaty) with the Cherokee, 1835. March 14, 1835.
1835 Treaty with the Cherokee, 1835. December 29, 1835. 7 Stat 478
1836 Treaty with the Menominee, 1836. September 3, 1836. 7 Stat 506
1837 Treaty with the Chippewa, 1837. January 14, 1837. 7 Stat 528
Treaty with the Potawatomi, 1837. February 11, 1837. 7 Stat 532
Treaty with the Kiowa, Etc., 1837. May 26, 1837. 7 Stat 533
Treaty with the Sauk and Foxes, 1837. October 21, 1837. 7 Stat 540
Treaty with the Sauk and Foxes, 1837. October 21, 1837. 7 Stat 543
Treaty with the Winnebago, 1837. November 1, 1837. 7 Stat 544
1838 Treaty with the New York Indians, 1838. January 15, 1838. 7 Stat 550
Treaty with the Iowa, 1838. October 19, 1838. 7 Stat 568
1839 Treaty with the Osage, 1839. January 11, 1839. 7 Stat 576
Treaty with the Chippewa, 1839. February 7, 1839. 7 Stat 578
1840 Treaty with the Miami, 1840. November 28, 1840. 7 Stat 582
1846 Treaty with the Potawatomi Nation, 1846. June 5 and 17, 1846. 9 Stat 853
Treaty with the Cherokee, 1846. August 6, 1846. 9 Stat 871
1847 Treaty with the Chippewa Of the Mississippi and Lake Superior, 1847. August 2, 1847. 9 Stat 904
1848 Treaty with the Menominee, 1848. October 18, 1848. 9 Stat 952
Treaty with the Stockbridge Tribe, 1848. November 24, 1848. 9 Stat 955
1851 Treaty with the Si-yan-te, Etc., 1851. March 19, 1851.
Treaty with the Taches, Cah-wai, Etc., 1851. May 13, 1851.
Treaty with the Ko-ya-te, Wo-a-si, Etc., 1851. May 30, 1851.
Treaty with the Chu-nute, Wo-wol, Etc., 1851. June 3, 1851.
Treaty with the Castake, Texon, Etc., 1851. June 10, 1851.
Treaty with the Ca-la Na-po, Etc., 1851. August 20, 1851.
Treaty with the Sai-nell, Yu-ki-as, Etc., 1851. August 22, 1851.
Treaty Of Fort Laramie, 1851. September 17, 1851.
Treaty with the Pohlik Or Lower Klamath, Etc., 1851. October 6, 1851
Treaty with the Upper Klamath, Shasta and Scott's River, 1851. November 4, 1851
1852 Treaty with the Chickasaw, 1852. June 22, 1852. 10 Stat 974
1854 Treaty with the Oto and Missouri, 1854. March 15, 1854. 10 Stat 1038
Treaty with the Omaha, 1854. March 16, 1854. 10 Stat 1043
Treaty with the Delawares, 1854. May 6, 1854. 10 Stat 1048
Treaty with the Iowa, 1854. May 17, 1854. 10 Stat 1069
Treaty with the Sauk and Foxes Of Missouri, 1854. May 18, 1854. 10 Stat 1074
Treaty with the Kickapoo, 1854. May 18, 1854. 10 Stat 1078
Treaty with the Kaskaskia, Peoria, Etc., 1854. May 30, 1854. 10 Stat 1082
Treaty with the Miami, 1854. June 5, 1854. 10 Stat 1093
Treaty with the Chippewa, 1854. September 30, 1854. 10 Stat 1109
Treaty with the Rogue River, 1854. November 15, 1854. 10 Stat 1119
1855 Treaty with the Kalapuya, Etc., 1855. January 22, 1855. 10 Stat 1143
Treaty with the Wyandot, 1855. January 31, 1855. 10 Stat 1159
Treaty with the Chippewa, 1855. February 22, 1855. 10 Stat 1165
Treaty with the Winnebago, 1855. February 27, 1855. 10 Stat 1172
Treaty with the Wallawalla, Cayuse, Etc., 1855. June 9, 1855. 12 Stat 945
Treaty with the Yakima, 1855. June 9, 1855. 12 Stat 951
Treaty with the Nez Perces, 1855. June 11, 1855. 12 Stat 957
Treaty with the Choctaw and Chickasaw, 1855. June 22, 1855. 11 Stat 611
Treaty with the Ottawa and Chippewa, 1855. July 31, 1855. 11 Stat 621
Treaty with the Chippewa Of Saginaw, Etc., 1855. August 2, 1855. 11 Stat 633
Treaty with the Capote Band Of Utahs In New Mexico, August 8, 1855.
Treaty with the Mohuache Band Of the Utahs, In New Mexico, September 11, 1855
Treaty with the Blackfeet, 1855. October 17, 1855. 11 Stat 657
Treaty with the Molala, 1855. December 21, 1855. 12 Stat 981
1856 Treaty with the Stockbridge and Munsee, 1856. February 5, 1856. 11 Stat 663
Treaty with the Menominee, 1856. February 11, 1856. 11 Stat 679
Treaty with the Creeks, Etc., 1856. August 7, 1856. 11 Stat 699
1857 Treaty with the Pawnee, 1857. September 24, 1857. 11 Stat 729
Treaty with the Seneca, Tonawanda Band, 1857. Nov. 5, 1857. 11 Stat 735
1858 Treaty with the Ponca, 1858. March 12, 1858. 12 Stat 997
Treaty with the Yankton Sioux, 1858. April 19, 1858. 11 Stat 743
Treaty with the Sioux, 1858. June 19, 1858. 12 Stat 1031
Treaty with the Sioux, 1858. June 19, 1858. 12 Stat 1037
1859 Treaty with the Winnebago, 1859. April 15, 1859. 12 Stat 1101
Treaty with the Chippewa, Etc., 1859. July 16, 1859. 12 Stat 1105
Treaty with the Sauk and Foxes, 1859. October 1, 1859. 15 Stat 467
Treaty with the Kansa Tribe, 1859. October 5, 1859. 12 Stat 1111
1860 Treaty with the Delawares, 1860. May 30, 1860. 12 Stat 1129
1861 Treaty with the Arapaho and Cheyenne, 1861. February 18, 1861. 12 Stat 1163
Treaty with the Sauk and Foxes, Etc., 1861. March 6, 1861. 12 Stat 1171
Treaty with the Potawatomi, 1861. November 15, 1861. 12 Stat 1191
1862 Treaty with the Kickapoo, 1862. June 28, 1862. 12 Stat 1249
Act July 5, 1862, c. 135, 1, 12 Stat. 528; (codified at 25 U.S.C.A. S 72) (Abrogation of Treaties- "Whenever the tribal organization of any Indian tribe is in actual hostility to the United States, the President is authorized, by proclamation, to declare all treaties with such tribe abrogated by such tribe if in his opinion the same can be done consistently with good faith and legal and national obligations").
1863 Treaty with the Chippewa Of the Mississippi and the Pillager and Lake Winnibigoshish Bands, 1863. March 11, 1863. 12 Stat 1249
Treaty with Great and Little Osages, 1863. August 29, 1863
Treaty with Mixed Bands Of Bannacks and Shoshonees, October 14, 1863 October 14, 1863
1864 Treaty with the Chippewa, Mississippi, and Pillager and Lake Winnibigoshish Bands, 1864. May 7, 1864. 13 Stat 693
1865 Agreement (treaty) with the Cherokee and Other Tribes In the Indian Territory, 1865. September 13, 1865.
Treaty with the Osage, 1865. September 29, 1865. 14 Stat 687
Treaty with the Cheyenne and Arapaho, 1865. October 14, 1865. 14 Stat 703
Treaty Between the United States and the Blackfoot Nation Of Indians, Etc., November 16, 1865.
1866 Treaty with the Seminole, 1866. March 21, 1866. 14 Stat 755
Treaty with the Chippewa - - Bois Fort Band, 1866. April 7, 1866. 14 Stat 765
Treaty with the Choctaw and Chickasaw, 1866. April 28, 1866. 14 Stat 769
Treaty with the Creeks, 1866. June 14, 1866. 14 Stat 785
Treaty with the Delawares, 1866. July 4, 1866. 14 Stat 793
Treaty with Crow Nation Of Indians, Montana, July 16, 1866.
Treaty with the Assiniboines, July 18, 1866 July 18, 1866.
Treaty with the Cherokee, 1866. July 19, 1866. 14 Stat 799
Agreement At Fort Berthold, 1866. July 27, 1866.
1867 Treaty with the Sauk and Foxes, 1867. February 18, 1867. 15 Stat 495
Treaty with the Seneca, Mixed Seneca and Shawnee, Quapaw, Etc., 1867. February 23, 1867. 15 Stat 513
Treaty with the Potawatomi, 1867. February 27, 1867. 15 Stat 531
Agreement (treaty) with the Shawnee Tribe Of Indians, 1867. March 2, 1867.
Treaty with the Kiowa and Comanche, 1867. October 21, 1867. 15 Stat 581
Treaty with the Cheyenne and Arapaho, 1867. October 28, 1867. 15 Stat 593
1868 Treaty with the Ute, 1868. March 2, 1868. 15 Stat 619
Treaty with the Sioux - - Brule, Oglala, Miniconjou, Yanktonai, Hunkpapa, Blackfeet, Cuthead, Two Kettle, Sans Arcs, and Santee - - and Arapaho, 1868. April 29, 1868. 15 Stat 635
Treaty with the Crows, 1868. May 7, 1868. 15 Stat 649
Treaty with the Northern Cheyenne and Northern Arapaho, 1868. May 10, 1868, 15 Stat 655
Treaty with the Navaho, 1868. June 1, 1868. 15 Stat 667
Treaty with the Eastern Band Shoshoni and Bannock, 1868. July 3, 1868. 15 Stat 673
Agreement (treaty) with the Gros Ventres Tribe Of Indians, 1868. July 13, 1868.
Agreement (treaty) with the River Crow Tribe Of Indians, 1868. July 15, 1868.
Treaty with the Blackfoot, Etc., 1868. September 1, 1868.
Treaty with Shoshones, Bannacks, and Sheepeaters, September 24, 1868 September 24, 1868. [Back]
Forced Acculturation
Date Law/Policy
1871 Act of Mar. 3, 1871, ch. 120, S 3, 16 Stat. 544, 570. 566 (codified at 25 U.S.C. S 71 (1994)) (Congressional act forbad further treaties with Native American tribes - Tribes became wards of the government).
1887 Dawes Severalty Act (General Allotment Act)
1896 Ward v. Race Horse, 163 U.S. 504 (1896).
1898 Curtis Act ended tribal governments of tribes refusing allotment
1924 Snyder Act made Native Americans citizens of the United States [Back]
The New Deal and Cultural Pluralism
Date Law/Policy
1934 Indian Reorganization Act (Wheeler-Howard Act
Johnson-O'Malley Act
1946 Indian Claims Commission established
1948 Native Americans granted right to vote Arizona and New Mexico
1950 US Court of Claims awarded over $30 million to Colorado Utes for land illegally taken from them [Back]
Termination Period
Date Law/Policy
1952 Relocation Program
1953 Congressional Act enabled non reservation Native Americans to buy alcoholic beverages
House Concurrent Resolution 108 "Termination Policy" [Back]
Development and Self Rule
Date Law/Policy
1960 Area Redevelopment Act
1965 Elementary and Secondary Education Act
Senate Special Subcommittee on Indian Education
Voter Registration Act
1967 Great Society Program
1968 "Indian Civil Rights Act"
1970 President Richard Nixon's special message to Congress advocated Native American self-determination
Congressional Act returned land to Taos Pueblos of New Mexico
1971 Alaska Native Claims Settlement Act
1972 Indian Education Act
1973 Meminee Restoration Act revoked termination of the Menominee and restored tribal status
1974 Indian Finance Act
1975 Indian Self-Determination and Education Assistance Act of 1975
1976 Indian Health Care Improvement Act provided funds for hospital renovation and scholarships to enter Indian Health Service
1978 Educational Amendments Act - Title XI
Tribally Controlled Community College Assistance Act
Indian Child Welfare Act
Out of Court settlement resulted in Passamaquoddy and Penobscot tribes in main being given money and land in return for land taken illegally
American Indian Religious Freedom Act of 1978
1979 Supreme Court upheld fishing rights claims of Native American tribes in the state of Washington
1980 Native American tribes in Main received a settlement of their land claims
Interagency Indian Taskforce
1983 Private sector's role in economic development of reservations stressed "Indian Enterprise Zones" announced
Department of Health and Human Services set New eligibility rules for people receiving medical treatment from Indian Health Services
1986 American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act of 1986
1989 Brendale v. Confederated Yakima Indian Nation
1990 Congress passed Legislation to "encourage and support the use of Native American languages in schools
Employment Division v. Smith
Native American Graves Protection and Repatriation Act of 1990 (NAGPRA)
1991 Experiment in self-government [Back]
1993 Reclamation's Indian Trust Asset Policy of 1993 (ITA)
1994 Indian Dams Safety Act of 1994
Attack on Soverenity and Treaties
Date Law/Policy
[Back]

The Northwest Ordinance of July 13, 1787 :

"(t)he utmost good faith shall always be observed towards the Indians; their land and property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress . . . . "

 

The Trade and Intercourse Act of 1790

Trade and Intercourse Act, S 1.

"(N)o person shall be permitted to carry on any trade or intercourse with the Indian tribes, without a license of that purpose under the hand and seal of . . . such . . . person as the President of the United States shall appoint for that purpose . . . .").

Trade and Intercourse Act, S 4.

(N)o sale of lands made by any Indians, or any nation or tribe of Indians within the United States, shall be valid to any person or persons, or to any state . . . unless the same shall be made and duly executed at some public treaty, held under the authority of the United States.

 

Ward v. Race Horse, 163 U.S. 504 (1896).

Under equal footing doctrine, Wyoming has right to apply its laws, which place limits on the killing of game, to off reservation hunting by a member of the Bannock tribe, despite Bannock tribe's pre statehood treaty right to hunt "upon the unoccupied lands of the United States"

 

Non intercourse Act, FN184. Act of Mar. 1, 1793, ch. 19, S 8, 1 Stat. 329, 330.

No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of $1,000. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty.

 

Indian Removal Act, 4 Stat. 411 (1830).

In 1830, Congress passed the Indian Removal Act in order to relocate eastern tribes to the West. Congressional control over the Native American tribes expanded with the enactment of laws emphasizing the "education and civilization" of Indian children in order to assimilate Native American culture into that of the majority culture.

 

Worcester v. Georgia, 31 U.S. 515 (1832).

In Worcester, the Court voided a piece of Georgia legislation that contravened the Cherokee nation's right of tribal sovereignty. The Court interpreted treaty language stating that the United States would be "managing all [the tribes'] affairs," to refer primarily to managing trade with Indians and to exclude Indian self- government. The Court further explained that because the Cherokee nation was under the "protection of the United States," the tribe was receiving the protection of one more powerful but not abandoning their national character and submitting as subjects to the laws of a master. I The Court reasoned that to have "divested themselves of the right of self- government on subjects not concerned with trade ... could not be for the benefit and comfort" of the Indian tribes.

 

Civilization Fund Act (1819).

"Be it enacted ..., [t]hat for the purpose of providing against the further decline and final extinction of the Indian tribes, ... and for introducing among them the habits and arts of civilization ...."

 

Cherokee Nation v. State of Ga.

"Though the Indians are acknowledged to have an unquestionable, and, heretofore, unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our government; yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can, with strict accuracy, be denominated foreign nations. They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.

They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the president as their great father. They and their country are considered by foreign nations, as well as by ourselves, as being so completely under the sovereignty and dominion of the United States, that any attempt to acquire their lands, or to form a political connexion with them, would be considered by all as an invasion of our territory, and an act of hostility.

These considerations go far to support the opinion, that the framers of our constitution had not the Indian tribes in view, when they opened the courts of the union to controversies between a state or the citizens thereof, and foreign states."

 

Worcester v. State of Ga., 31 U.S. 515, 6 Pet. 515, 8 L.Ed. 483 (Mem) (U.S.Ga., Jan Term 1832)

to prevent the exercise of assumed and arbitrary power by persons under pretext of authority from the Cherokee Indians, and providing for imprisonment of persons who should reside among such Indians within the Cherokee Nation without first obtaining authority to do so from the governor of the state, is in violation of he constitutional provision granting to the United States the exclusive power to regulate intercourse with foreign nations.

The decision of a state court of last resort in a prosecution under a statute of that state for residing within the territory of an Indian nation in that state, contrary to law, overruling a plea that defendant entered such country with the permission of the Indian nation pursuant to a treaty between it and the United States, by which treaty the United States acknowledged such Indian nation to be a sovereign nation, and that the statute of the state prohibiting his residing therein was repugnant to such treaty, is a decision drawing in question the validity of a treaty of the United States, and also the validity of a state statute, because if its alleged repugnancy to the treaties and laws of the United States, and is in favor of the validity of such state statute, within Judiciary Act, S 25, 28 U.S.C.A. S 344, giving the supreme court of the United States jurisdiction to review the decisions of state courts of last resort in such cases.

Forced Acculturation
Date Law/Policy
1871 Act of Mar. 3, 1871, ch. 120, S 3, 16 Stat. 544, 570. 566 (codified at 25 U.S.C. S 71 (1994)) (Congressional act forbad further treaties with Native American tribes - Tribes became wards of the government).
1887 Dawes Severalty Act (General Allotment Act)
1896 Ward v. Race Horse, 163 U.S. 504 (1896).
1898 Curtis Act ended tribal governments of tribes refusing allotment
1924 Snyder Act made Native Americans citizens of the United States
The New Deal and Cultural Pluralism
Date Law/Policy
1934 Indian Reorganization Act (Wheeler-Howard Act
Johnson-O'Malley Act
1946 Indian Claims Commission established
1948 Native Americans granted right to vote Arizona and New Mexico
1950 US Court of Claims awarded over $30 million to Colorado Utes for land illegally taken from them
Termination Period
Date Law/Policy
1952 Relocation Program
1953 Congressional Act enabled non reservation Native Americans to buy alcoholic beverages
House Concurrent Resolution 108 "Termination Policy"
Development and Self Rule
Date Law/Policy
1960 Area Redevelopment Act
1965 Elementary and Secondary Education Act
Senate Special Subcommittee on Indian Education
Voter Registration Act
1967 Great Society Program
1968 "Indian Civil Rights Act"
1970 President Richard Nixon's special message to Congress advocated Native American self-determination
Congressional Act returned land to Taos Pueblos of New Mexico
1971 Alaska Native Claims Settlement Act
1972 Indian Education Act
1973 Meminee Restoration Act revoked termination of the Menominee and restored tribal status
1974 Indian Finance Act
1975 Indian Self-Determination and Educational Assistance Act
1976 Indian Health Care Improvement Act provided funds for hospital renovation and scholarships to enter Indian Health Service
1978 Educational Amendments Act - Title XI
Tribally Controlled Community College Assistance Act
Indian Child Welfare Act
Out of Court settlement resulted in Passamaquoddy and Penobscot tribes in main being given money and land in return for land taken illegally
1979 Supreme Court upheld fishing rights claims of Native American tribes in the state of Washington
1980 Native American tribes in Main received a settlement of their land claims
Interagency Indian Taskforce
1983 Private sector's role in economic development of reservations stressed "Indian Enterprise Zones" announced
Department of Health and Human Services set New eligibility rules for people receiving medical treatment from Indian Health Services
1989 Brendale v. Confederated Yakima Indian Nation
1990 Congress passed Legislation to "encourage and support the use of Native American languages in schools
Employment Division v. Smith
1991 Experiment in self-government
Attack on Soverenity and Treaties
Date Law/Policy

The Northwest Ordinance of July 13, 1787 :

"(t)he utmost good faith shall always be observed towards the Indians; their land and property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress . . . . "

 

The Trade and Intercourse Act of 1790

Trade and Intercourse Act, S 1.

"(N)o person shall be permitted to carry on any trade or intercourse with the Indian tribes, without a license of that purpose under the hand and seal of . . . such . . . person as the President of the United States shall appoint for that purpose . . . .").

Trade and Intercourse Act, S 4.

(N)o sale of lands made by any Indians, or any nation or tribe of Indians within the United States, shall be valid to any person or persons, or to any state . . . unless the same shall be made and duly executed at some public treaty, held under the authority of the United States.

 

Ward v. Race Horse, 163 U.S. 504 (1896).

Under equal footing doctrine, Wyoming has right to apply its laws, which place limits on the killing of game, to off reservation hunting by a member of the Bannock tribe, despite Bannock tribe's pre statehood treaty right to hunt "upon the unoccupied lands of the United States"

 

Non intercourse Act, FN184. Act of Mar. 1, 1793, ch. 19, S 8, 1 Stat. 329, 330.

No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of $1,000. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty.

 

Indian Removal Act, 4 Stat. 411 (1830).

In 1830, Congress passed the Indian Removal Act in order to relocate eastern tribes to the West. Congressional control over the Native American tribes expanded with the enactment of laws emphasizing the "education and civilization" of Indian children in order to assimilate Native American culture into that of the majority culture.

 

Worcester v. Georgia, 31 U.S. 515 (1832).

In Worcester, the Court voided a piece of Georgia legislation that contravened the Cherokee nation's right of tribal sovereignty. The Court interpreted treaty language stating that the United States would be "managing all [the tribes'] affairs," to refer primarily to managing trade with Indians and to exclude Indian self- government. The Court further explained that because the Cherokee nation was under the "protection of the United States," the tribe was receiving the protection of one more powerful but not abandoning their national character and submitting as subjects to the laws of a master. I The Court reasoned that to have "divested themselves of the right of self- government on subjects not concerned with trade ... could not be for the benefit and comfort" of the Indian tribes.

 

Civilization Fund Act (1819).

"Be it enacted ..., [t]hat for the purpose of providing against the further decline and final extinction of the Indian tribes, ... and for introducing among them the habits and arts of civilization ...."

 

Cherokee Nation v. State of Ga.

"Though the Indians are acknowledged to have an unquestionable, and, heretofore, unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our government; yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can, with strict accuracy, be denominated foreign nations. They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.

They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the president as their great father. They and their country are considered by foreign nations, as well as by ourselves, as being so completely under the sovereignty and dominion of the United States, that any attempt to acquire their lands, or to form a political connexion with them, would be considered by all as an invasion of our territory, and an act of hostility.

These considerations go far to support the opinion, that the framers of our constitution had not the Indian tribes in view, when they opened the courts of the union to controversies between a state or the citizens thereof, and foreign states."

 

Worcester v. State of Ga., 31 U.S. 515, 6 Pet. 515, 8 L.Ed. 483 (Mem) (U.S.Ga., Jan Term 1832)

to prevent the exercise of assumed and arbitrary power by persons under pretext of authority from the Cherokee Indians, and providing for imprisonment of persons who should reside among such Indians within the Cherokee Nation without first obtaining authority to do so from the governor of the state, is in violation of he constitutional provision granting to the United States the exclusive power to regulate intercourse with foreign nations.

The decision of a state court of last resort in a prosecution under a statute of that state for residing within the territory of an Indian nation in that state, contrary to law, overruling a plea that defendant entered such country with the permission of the Indian nation pursuant to a treaty between it and the United States, by which treaty the United States acknowledged such Indian nation to be a sovereign nation, and that the statute of the state prohibiting his residing therein was repugnant to such treaty, is a decision drawing in question the validity of a treaty of the United States, and also the validity of a state statute, because if its alleged repugnancy to the treaties and laws of the United States, and is in favor of the validity of such state statute, within Judiciary Act, S 25, 28 U.S.C.A. S 344, giving the supreme court of the United States jurisdiction to review the decisions of state courts of last resort in such cases.

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On the Web Since 1995

   

Vernellia R. Randall
Professor Emerita of Law

The University of Dayton
School of Law
Dayton, OH 45469-2772
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