The Reservation Era (1850 - 1887)Following the divestment and removal of Native Americans from their homelands, the federal government restricted tribal members to reservations, which are legally defined portions of land allocated to federally recognized tribes. Removal and settlement on reservations served two purposes for the United States. First, it cleared land of Native Americans for western expansion. Second, it permitted the United States to carry out a program of Americanizing Tribes into communities of small farmers. Neither of these goals were ever truly met. As a consequence, tribal member who resided on reservation lands often became dependent on food rations provided by the federal government. Show
The Reservation Era was also problematic in terms of Tribes' self-determination. While living on reservations, tribal members were policed by federal officers referred to as Indian agents. Congress also interfered in tribal sovereignty with the passage of the Major Crimes Act in 1885. As a consequence of this act's passage, tribal nations were no longer able to adjudicate violent felonies, such as murder, rape, and kidnapping, among their people using traditions, norms, or custom. Instead, the adjudication of such offenses fell under the exclusive jurisdiction of the federal government. By the end of the Reservation Era, most Native Americans had either been relocated from the eastern half of the United States or saw their land holdings reduced to a minimum of their original territory. Assimilation tactics, such as creating a dependence on food rations, kidnapping and enrolling Indian children in boarding schools, and punishing the use of Native languages, began to become commonplace in tribal communities. The impacts of this era on Native culture have been devastating andreaches well into modernity. Notable Court Cases:
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The Removal Era (1820 -1850)As the United States grew in population, the federal government sought to displace Native Americans to increase room for western expansion. The policy goals of the era focused on removing Native Americans from Indian Country and moving them west beyond the Mississippi River. Congress codified this policy officially in 1830 with the passage of the Indian Removal Act. Application of the act displaced thousands of Native Americans from their homes. The most infamous displacement was that of the Cherokee whose march west resulted in the death of over four thousand tribal members. This death march is commonly referred to as the Trail of Tears. Congress' actions would not have been possible without the assistance of the judiciary. Between 1823 and 1832, the Supreme Court, led by Chief Justice John Marshall, established several legal doctrines that have impacted federal Indian law well into the Twenty-First Century. The three main cases decided by the Marshall Court ultimately came to be known as the Marshall Trilogy. The cases decided by the court over this nine year period ultimately divested Indians from land ownership and made them mere occupiers of the land in which they inhabited; confirmed the federal government to be the sole body capable of legislating over Indians; and established the Indian canons of construction to help courts interpret treaty rights and other legislative instruments pertaining to Native Americans. Notable Supreme Court Cases:
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What was the U.S. policy toward Native Americans during the late 1800s?For most of the middle part of the 19th century, the U.S. government pursued a policy known as “allotment and assimilation.” Pursuant to treaties that were often forced upon tribes, common reservation land was allotted to individual families.
What was the major government legislation of the 1880s that guided federal Native American policy?The Dawes Act (sometimes called the Dawes Severalty Act or General Allotment Act), passed in 1887 under President Grover Cleveland, allowed the federal government to break up tribal lands.
What is the U.S. government policy for Native Americans called?Federal Indian policy establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes.
What were the government policies on Native Americans in the Gilded Age?The Dawes Act outlawed tribal ownership of land and forced 160-acre homesteads into the hands of individual Indians and their families with the promise of future citizenship. The goal was to assimilate Native Americans into white culture as quickly as possible.
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