U.S. policy towards Native Americans is one of our country’s longest historical conflicts. From the late eighteenth century continuing through today, American government has been modifying its policies toward Native Americans.
The first policy was the Northwest Ordinance of 1787, in which Congress declared that “the utmost good faith shall always be observed towards the Indians. Their lands and property shall never be taken from them without their consent” (Dye 502). Shortly after that came the Intercourse Act of 1790, in which Congress declared that “public treaties between the United States government and the independent Indian ‘nations’ would be the only legal means of obtaining Indian land” (Dye 502). At the same time, George Washington forged a treaty with the Creeks stating that “in exchange for land concessions, the United States pledged to protect the boundaries of the ‘Creek Nations’ and allow the Creeks themselves to punish all violators of their laws within these boundaries” (Dye 502).
These two policies were made to ensure American Indians retained the rights to the land, but in spite of them, Indian lands were constantly invaded by whites (Dye 502). Westward expansion of the United States grew tremendously in the nineteenth century, causing large numbers of Native Americans to resettle further west, sometimes by force and almost always reluctantly.
Under President Andrew Jackson, Congress passed the Indian Removal Act of 1830, which authorized the president to conduct treaties to exchange Indian land east of the Mississippi River for lands west of the river. As many as 100,000 American Indians eventually relocated in the West as a result of this policy” (Native Americans 1). American Indian leaders were pressured into signing these treaties.
Relocation was supposed to be voluntary, but great pressure was put on American Indian leaders to sign the treaties. Perhaps the most offensive violation of the stated intention of the removal policy was the Treaty of New Echota, which was signed by a protesting faction of Cherokees, but not the elected leadership. “The treaty was brutally enforced by President Martin Van Buren, which resulted in the deaths of an estimated 4,000 Cherokees (mostly from disease) on the Trail of Tears” (Native Americans 1).
These violations resulted in Indian resistance and led to wars that ultimately resulted in great loss of life among warriors and their families and the further loss of tribal land. The ‘Indian wars’ were fought between the Plains Indian tribes and the U.S. Army between 1864 and 1890″ (Dye 502).
After the Civil War, the federal government began to assign boundaries to each tribe known as “reservations” and created a Bureau of Indian Affairs (BIA) that was supposed to assist and protect the tribes on the reservations. “But the reservations were repeatedly reduced to size until subsistence by hunting became impossible. Malnutrition and demoralization of the native peoples were aided by the mass slaughter of the buffalo” (Dye 502).
Native Americans who did not live on reservations were ordered by the government to move to them on January 31, 1876. At the same time, the American Bison that many tribes lived on was near extinction. These two events caused a decline in the Prairie Culture that had developed around the use of the horse for hunting, travel and trading (Native Americans 1).
The best known story of the Indian wars occurred at the Little Big Horn River in South Dakota on June 25, 1876. Civil War hero General George Armstrong Custer led members of the U.S. Seventh Cavalry to destruction at the hands of the Sioux and Cheyenne warriors led by Chief Crazy Horse, Sitting Bull and Gall. Crazy Horse was forced to surrender the following year. (Dye 502)
In 1881, Chief Sitting Bull led hard-up Sioux from exile in Canada to surrender themselves to reservation life. The Apaches were among the last tribes to hold out. In 1886, the famous Apache warrior Geronimo finally surrendered. Periodic fighting continued until 1890, when perhaps the most notable event of the Indian wars took place. (Dye 503)
On December 28, 1890, a band of Sioux led by Big Foot were captured by the Seventh Cavalry and brought to Wounded Knee Creek. On December 29, the Sioux were ordered to be disarmed, but a medicine man threw dust in the air and a warrior pulled a gun and wounded an officer. The U.S. troops then opened fire and massacred almost 200 men, women and children. (Wounded 1)
Wounded Knee was the culmination of a long process of wrongdoings by the American government toward Native Americans. But unfortunately, it was not the last. “American policy toward Native Americans has been an evolving process” (Native Americans 1). In trying to help the Indians, more wrongdoings were done to them, but they weren’t seen by those who were committing them.
In the late nineteenth century, reformers, in efforts to ‘civilize’ Indians, adapted the practice of educating native children in Indian Boarding Schools. These schools, which were primarily run by Christians, proved traumatic to Indian children, who were forbidden to speak their native languages, taught Christianity instead of their native religions and in numerous other ways forced to abandon their Indian identity and adopt European-American culture” (Native Americans 1).
In 1887, a policy known as the Dawes Act of 1887 was made to break up tribal lands, which gave more acreage for individual homesteads in order to assimilate Indians into the white agricultural society. Under the Act, farming was to replace hunting and tribal life and traditional customs were to be shed for English language and schooling. (Dye 503)
These efforts to assimilate Indians into European-American culture and destroy Indian culture never really succeeded. Although the Indians lost over half of their 1877 reservation land, few lost their communal ties or accumulated much private property. “The Dawes Act remained federal policy until 1934, when Congress finally reversed itself in the Indian Reorganization Act of 1934 and reaffirmed tribal ownership of land” (Dye 503).
But federal policies continued to be made against the Indians. The next act committed was terminating all the special arrangements made by the government for the American Indian. “The idea that the Indian was a special case was considered to be ‘un-American’ in theory and practice, particularly in the 1950s” (The Native 1). Supporters of termination argued that if the Indians were treated like any other ethnic group and not shielded or removed from the ideas of competitive individualism, they would soon be “Americanized,” which would be to their ultimate benefit (The Native 1).
“Termination was not popular in Kennedy’s ‘New Frontier’ society or in Johnson’s ‘Great Society'” (The Native 1). The arguments against termination…can be gleaned from President Nixon’s message on Indian Affairs of July 13, 1970, which stated that “because termination is morally and legally unacceptable…because it tends to discourage greater self-sufficiency among Indian groups, I am asking Congress…to renounce, repudiate and repeal the termination policy” (The Native 1). Congress was in agreement with this and passed the Indian Self-determination Act of 1975, “which reinforced the transfer of decision-making from the bureaucrats of the BIA to the tribal councils” (The Native 1).
Passing liberal legislation in Congress is one thing, but implementing the policies is another (The Native 2). For example, on August 11, 1978, President Carter signed the American Indian Religious Freedom Act, which states that “henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express and exercise…traditional religions…including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites” (The Native 2). However, “a whole range of sites sacred to the Indians became controversial, particularly those that commercial interests wished to develop” (The Native 2).
Other similar issues arose over the flooding of sites sacred to the Cherokee by the Tennessee River Valley authority’s Tellico Dam whose floodgates were opened on November 29, 1979, and in the 1989 hearings on the new Senate bill to build a national Museum of the American Indian. The hearings not only touched on the question of how to handle the rehabilitation of the many sacred burial grounds that have been destroyed or raided by collectors, but also showed signs of conflict between the Smithsonian’s management and the demands of Native Americans that the new Museum should be largely staffed by Indians. (The Native 2)
The strategies adopted by successive generations of Indian leaders is an important feature of the history of relations between Native Americans and the American government and needs to be identified as a background for current developments” (The Native 2).
Today about 2.4 million people identify themselves as American Indians. About 800,000 of them live on tribal reservations and trust land. The largest of these lands is the Navaho and Hopi community in southwestern United States. These people remain the poorest and least healthy in America, with high incidences of infant mortality, suicide and alcoholism. Approximately half of all Indians live below the poverty line. (Dye 503)
There are 563 federally recognized tribal governments in the United States” (Native Americans 2). The United States recognizes the right of these tribes to self-government and supports their tribal independence and self-determination. These tribes possess the right to form their own government; to enforce laws, both civil and criminal; to tax; to establish membership; to license and regulate activities; to zone; and to exclude persons from tribal territories. Limitations on tribal powers of self-government include the same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money” (Native Americans 2).
The government has set up various policies to protect the rights of tribal government. “The U.S. Constitution (Article I, Section 8) grants Congress the full power ‘to regulate Commerce…with the Indian Tribes.’ States are prevented from regulating or taxing Indian tribes or extending their courts’ jurisdiction over them, unless authorized by Congress” (Dye 503). “As American citizens, Indians have the right to vote in state as well as national elections. Indians living off of reservations have the same rights and responsibilities as anyone else. Indians enrolled as members of tribes and living on reservations are entitled to certain benefits established by law and treaty. The BIA in the Department of Commerce continues to supervise reservation life” (Dye 503).
“As of 2000, the largest tribes in the U.S. by population were Cherokee, Navajo, Choctaw, Sioux, Chippewa, Apache, Lumbee, Blackfeet, Iroquois, and Pueblo” (Native Americans 2). There are also a number of tribes that are recognized by individual states, but not the federal government. “The rights and benefits associated with state recognition vary from state to state” (Native Americans 2).
Florida began to recognize these rights in the 1950s, although “Native Americans in the United States first entered Florida around 12,000 years ago” (Government of Florida 1). Many civilizations arose in Florida, such as the Timucua, Tequesta, and Apalachee, and most of these were ruled by a chief, who would oversee the settlement (Government of Florida 1).
Today there are two tribes native to Florida: The Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida (Government of Florida 1).
“On August 21, 1957, a majority of Seminoles voted to establish a governmental entity called the Seminole Tribe of Florida and The Seminole Tribe Inc.” (Seminole 1). “The Seminole Tribe of Florida, Inc., is a Federally chartered corporation established for the purpose of business development. Its Board of Directors consists of a President, Vice President, and three Representatives. All Directors are elected by the Shareholders of the corporation, the members of the Seminole Tribe of Florida” (Seminole Tribe 1).
“The corporation operates various businesses” (Seminole Tribe 1). “The corporate Charter and By-Laws and the Constitution of the Seminole Tribe of Florida were approved and established in 1957” (Seminole Tribe 1).
Florida’s constitution established that the Tribal Council is the chief governing body. It is composed of a Chairman, a Vice-Chairman and Council Representatives from each reservation. Today, the Council administers many of the tribe’s programs and businesses, such as the Seminole Police Department and the Tribal gaming enterprises. The Tribe also has a legal department, which administers a public defender’s office, Water Resource Management and the Utilities Department, but does not have a court system. Any legal and criminal matters that are not resolved on the community level are referred to the proper state or federal authorities. (Seminole Tribe of Florida: Government 1)
“The first Seminole government achieved what many felt was impossible, bringing the chaos of new organization under control and the first monies into the tiny Tribal treasury. Thus began the modern era of the Seminole Tribe of Florida” (Seminole Tribe of Florida 1). Today the tribe has over 3,000 members who live on five reservations in Hollywood, Big Cypress, Brighton, Immokalee, and Tampa (Seminole 1).
Not all of the Seminole people in Florida choose to participate in the tribe (Seminole 1). “During the political turmoil surrounding the U.S. Government’s termination policies, one particular group of Seminoles sought a separate recognition. This was granted to them as the Miccosukee Tribe of Indians of Florida in 1962” (Seminole Tribe of Florida 1).
The Miccosukee people are intent on finding their own way and possess the cultural resources and flexibility as well as the personal sense of independence and determination to continue to be self-sufficient. Membership in the Tribe is open to Indians who have Miccosukee mothers and are not enrolled in any other Tribe. In 1994, there were 369 enrolled Tribal members. (Miccosukee Tribe 1)
The Miccosukee Service Area is composed of Tribal members and their families, independent Miccosukee, Seminoles and other Indian families residing along the Tamiami Trail from Miami to Naples” (Miccosukee Tribe 1). There are about 550 people in the area. The Tribe presently has three reservation areas in the State of Florida: Tamiami Trail, Alligator Alley and Krome Avenue. (Miccosukee Tribe 1)
The Miccosukee General Council holds the authority of the Tribe. It is composed of adult members who are at least 18 years old. “The officers of the General Council consist of a Chairman, Assistant Chairman, Treasurer, Secretary and Lawmaker. This group is also known as the Business Council. The officers are elected and seated during the month of November and hold office for a term of four years” (Miccosukee Tribal 1).
The council deals with tribal matters relating to membership, government, law and order, education, welfare, recreation and fiscal disbursement. “The Business Council has the responsibility for the development and management of resources, as well as the day-to-day business activities of the Tribe. It is a combination of traditional tribal government and modern management that form the organizational structure and the present day Miccosukee Tribe” (Miccosukee Tribal 1).
“On March 6, 1971, the Miccosukee Corporation was formed to receive and administer funds from private foundations as well as county, state and federal agencies for a variety of…programs for members of the Miccosukee community. The officers of the Corporation consist of President, Secretary and a Treasurer. The Chairman of the General Council is also the President and the principal executive of the Corporation” (Miccosukee Tribal 1).
The Council adopted its present Constitution and Bylaws on December 7, 1961. “After years of negotiations with the U.S. government, the Constitution and Bylaws were approved by the Department of the Interior on January 11, 1962, thus legally establishing the Miccosukee’s tribal existence and their sovereign, domestic dependent nation status with the United States government” (Miccosukee Tribal 1).
Not all Florida Indians choose to be part of the Seminole or Miccosukee Tribe. “A few dozen Florida Indians who are not enrolled in either Tribe exist as organized ‘Independent’ Seminoles not formally recognized by the federal BIA. They continue to formally protest any government intervention into their lives and maintain an open land claim for much of the state of Florida with the federal government” (Seminole Tribe of Florida 1).
Many tribal governments have reasserted their independence and rights to self-government in recent years, the result of which has often led to strained relations with state and local governments. “Some states have succeeded in negotiating compacts and agreements with tribal governments” (Dye 503).
Recently, Native Americans have begun to take back their independence. In the early 21st century, Native American communities remain an enduring fixture on the United States landscape, in the American economy, and in the lives of Native Americans. Communities have consistently formed governments that administer services like firefighting, natural resource management, and law enforcement. Most Native American communities have established court systems to adjudicate matters related to local ordinances, and most also look to various forms of moral and social authority vested in traditional affiliations within the community” (Native 3).
“To address the housing needs of Native Americans, Congress passed the Native American Housing and Self Determination Act (NAHASDA) in 1996. This legislation replaced public housing, and other 1937 Housing Act programs directed towards Indian Housing Authorities, with a block grant program directed towards Tribes” (Native 3).
Laws and regulations regarding Native Americans continue to be made. “The Massachusetts legislature repealed a discussed 330-year-old law that barred Native Americans from entering Boston on May 19, 2005. And in August of 2005 the National Collegiate Athletic Association (NCAA) banned the use of “hostile and abusive” Native American mascots from postseason tournaments. The use of Native American themed team names in American professional sports is widespread and often controversial, with examples such as Chief Wahoo of the Cleveland Indians and the Washington Redskins” (Native 3).
With conflicts still continuing between American government and Native Americans, it is likely that policies will continue being modified as the years go by.
