Today's the day when we get to celebrate independence. But it is not our independence that we are celebrating. Instead we celebrate the independence of white people from their mother country. Native people have not been independent for the past 500 years.
Before white contact, Indian tribes enjoyed sovereignty in every sense of the word. We were economically, politically, and socially free to live our lives according to the collective will of our people. Our sense of sovereignty did not come from outside forces, and we did not have to ask for permission to be sovereign. We did not rely on recognition by alien forces to be sovereign. We simply asserted our sovereignty over our own lands and our own people, and protected these when they were being threatened.
But since Columbus arrived in 1492, the status of Indian Tribes has changed dramatically. The once independent sovereign nations have been systematically reduced to domestic dependent nations that operate under a watered-down, crippled version of sovereignty as defined for us by the U.S. Government. The economic, political, social, and even military will of the tribes has been eroded.
In order for us to return again to our roots of true sovereignty, we must first examine the historical relationship between the various Indian tribes and the U.S. Government. In doing so, we will gain an understanding on why the relationship exists as it is today and will be better prepared to plan for the future liberation and sovereignty of our tribes.
During the Colonial Period (1492-1774) early European countries recognized and dealt with Indian tribes through the process of treaty making. As European settlers immigrated and colonized the New World, they began to covet the lands and resources which were rightfully owned by the Indians. At the same time, they also sought to civilize and Christianize the Indians.
This often resulted in conflict and warfare between them. In order to gain control over and exploit these lands, while at the same time guaranteeing peace between the Indians and the settlers, European countries began to negotiate treaties with Indian tribes. Beyond settling land disputes and establishing peace between the nations, the treaties also served as proof from one European country to another that they “bought the land.”
During the Confederation Period (1774-1789) the thirteen colonies organized as the Continental Congress and began to resist the English rule. The first few years of this period was one of intense turmoil as they struggled to gain their independence from English control. During this time, the colonists were very careful and diplomatic in their dealings with Indian Tribes. They sought to either recruit or neutralize the Indians in their war with England. They did everything they could to prevent the tribes from joining forces with England. They continued with the process of treaty making, and continued to send gifts to keep peace with the tribes.
After winning their independence from England, the relationship between the Articles of Confederation Congress and the Indian tribes was unstable at best. While they were charged with the handling of Indian affairs and keeping peace with the tribes, the Articles of Confederation did not grant the newly formed government the exclusive power to deal with tribes. Thus, it was inevitable that individual states began to involve themselves in Indian affairs and compromise the peace and security attempted by their Congress.
In drafting the United States Constitution, the “Founding Fathers” remedied this situation by granting exclusive power to the U.S. Congress to “regulate commerce with the Indian tribes.”
In the very beginning of the Trade and Intercourse Era (1789-1825), Congress immediately began to establish policy for dealing with Indian tribes. They established a War Department which had direct responsibility over Indian affairs. They passed a series of Trade and Intercourse Acts, which regulated trade and other relations between Indians and non-Indians.
The boundaries of Indian country were established and protected against encroachment by non-Indians. States and individuals were prohibited from negotiating treaties or buying lands from Indian tribes. Instead, Indian agents under the War Department were funded and appointed to negotiate treaties with the tribes. Although tribes remained a strong military force during this era, this marked the beginning of the erosion of our economic security.
As the population of the United States grew larger, so did their need for more land. This led to the Removal Era
(1825-1850’s) and the Reservation Era (1850’s-1887). This period was a turning point in the relationship between the U.S. and Indian tribes. During these eras the focus of the relationship shifted from treaty making and keeping peace to what would turn out to be an aggressive military policy. Many tribes were forcibly removed from their homelands at first to “Indian Territory,” and later on to “Reservations.”
The policy of removal and confinement to reservation lands is a complex and difficult part of history for Indian tribes. In an attempt to stop the forced removal from their homelands, the Cherokee Nation sued the State of Georgia in the U.S. Supreme Court. The Supreme Court did not allow them to sue, determining that they were not “foreign” nations, but “domestic dependent” nations. Inevitably, the Cherokees were force marched from their homeland in Georgia to present day Oklahoma in The Trail of Tears. The final ruling of their case contributed to what is known as the Marshall Trilogy, which serves as the doctrinal basis for interpreting Federal Indian law and defining tribal sovereignty.
In 1871 Congress stopped the treaty making process with Indian tribes, and instead began dealing with Indians by passing statutes, which did not require consent of the tribes. Reservations established after 1871 were done through statute or Executive Order. In 1919 Congress ended this practice.
The idea of reserving lands for Indian tribes during the previous Reservation Era was short-lived. The ever insatiable desire for Indian lands and resources by non-Indians forced the tribes through yet another destructive era – The Allotment and Assimilation Era (1887-1934). In 1887 Congress passed the General Allotment Act. The intent of this Act was to break up tribally owned lands held in common into allotments owned by individual tribal members. The “surplus” allotments would then be sold to non-Indians, forcing Indians to assimilate into mainstream society.
More than 90 million acres of tribally owned land was lost in this process. Tribal members did not become middle-class farmers as was hoped. On the contrary, many Indians sold or leased their lands to non-Indians and ended up living in poverty. The Meriam Report of 1928 recommended, amongst other things, that the allotment policy be ended and that tribal self-government be encouraged.
During the Indian Reorganization Era (1934-1940’s), the federal government ended the allotment policy. In 1934 they passed the Indian Reorganization Act (IRA). Their goal was to now help tribes restore their lands and re-form their governments. Although some tribes viewed the IRA as another paternalistic policy, many tribes accepted the IRA and adopted constitutions and by-laws as prescribed. The origins of modern self-government began in this era.
During the Termination Era (1940’s-1962) the relationship between tribes and the U.S. once again took a turn for the worse. In 1953 Congress passed Public Law-280, which gave states jurisdictional authority in Indian Country over most crimes and civil matters. In another damaging act, Congress terminated the relationship between the U.S. and over 100 Indian tribes. Their lands were sold, and the money distributed. At the same time, the Bureau of Indian Affairs was pushing its relocation program. Many Indians left the reservations under this program in hopes of finding jobs in the cities. Some succeeded, but all too often many of them found themselves unemployed and living in poverty in the cities.
During the Self-Determination Era (1962-Present), the relationship between tribes and the U.S. improved significantly. Tribes were no longer actively terminated. Many of those that were terminated were restored. Congress began to pass statutes designed to help tribes reach self-determination. In 1968 they passed the Indian Civil Rights Act. In 1975 they passed the Indian Self-Determination and Education Assistance Act. In 1978 they passed the Indian Child Welfare Act. In 1982 they passed the Indian Tribal Government Tax Status Act. Various Presidents in this era have reaffirmed tribes rights to self-government, including Presidents Nixon, Reagan, and Clinton.
It is right now, during this era of Self-Determination, that we as Indian Nations need to adequately plan for our own futures. Tribal leaders need to establish a clear vision and lay out a comprehensive plan to liberate us from the oppressive rules imposed upon us by outside forces. Tribal leaders have a moral obligation to protect and secure our inalienable rights to security, peace, prosperity, and liberty as tribes. They cannot and should not rely on the ever-changing stance of the U.S. Government to achieve the status we once enjoyed as true sovereigns. If we fail to plan our own futures, we will continue to be a part of someone else’s plan. We will continue to be domestic “dependent” nations, and will never achieve the status of true sovereignty that we once enjoyed.
"The responsibility for change, therefore, lies with us. We must begin with ourselves, teaching ourselves not to close our minds prematurely to the novel, the surprising, the seemingly radical. This means fighting off the idea assassins who rush forward to kill any new suggestion on grounds of its impracticality, while defending whatever now exists as practical, no matter how absurd, oppressive, or unworkable it may be." Toffler 1995
