Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
History: 1830 - Present
Dr. Jeffrey D. Burnette
Department of Economics
Native American Future Stewards Program
Rochester Institute of Technology
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
North America 1828
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
Assimilation and Rejection of Native People
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Many Cherokee owned plantations and slaves
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Cherokee constitution formed modeled on US constitution
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Development of social classes
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Cherokee utilize US government to fight removal Policy but
passed
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Civilized tribes moved off homeland and moved west of
MIssissippi
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
New Technology Introduced
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System of reading and writing developed by Sequoyah
Travel Improvements (Canals, Railroads, Steamboats)
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Western territory easier to access
Increased Demand for western land
Texas annexation 1845
Mexican acquisition 1848 (Nevada, Colorodo, New Mexico and
California)
Oregon country 1848
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
Landmark Cases Involving Tribal Sovereignty
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The Marshall Trilogy
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Johnson v. McIntosh 1823
Cherokee Nation v. Georgia 1831
Worcester v. Georgia 1832
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Cherokee Tobacco Case 1870
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Cherokee Outlet Case 1889
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
The Marshall Trilogy
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Johnson v. M’Intosh 1823
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Thomas Johnson bought land from Piankeshaw Indians in
1773 and 1775.
William M’Intosh obtained land patent for same land from
U.S. federal government.
Court found that the discovering power gains exclusive right to
extinguish the “right of occupancy” of indigenous occupants.
Furthermore, when U.S. declared independence from Great
Britain it inherited the British rights over Native American
Lands.
The only legal title to Native American lands comes from sales
to the federal government.
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
The Marshall Trilogy
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Cherokee Nation v. Georgia 1831
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The Cherokee Nation is not a “foreign nation” in the sense
intended by the U.S. Constitution.
Indian nations are “domestic dependent nations” to be
protected by the federal government.
The Supreme Court refused to hear arguments in the case.
The question at hand was Georgia’s ability to seize for its own
use lands of the Cherokee Nation that had been promised to
Georgia by the United States.
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
The Marshall Trilogy
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Worcester v. Georgia 1832
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Tribal Laws supersede State Law in Cherokee Territory.
Missionary Samuel A. Worcester refused to obey law requiring
whites residing in Cherokee country to obtain a permit and
take an oath of allegiance to Georgia.
The ruling was seen as upholding Tribal Sovereignty and
brought the constitutionality of the Indian Removal Act into
question. In response to this President Andrew Jackson is
rumored to have said “John Marshall has made his decision;
now let him enforce it!”
A Treaty Party made up of a small faction of Cherokee, headed
by Major Ridge and his son John, signed the Treaty of New
Echota 1835. This sold Cherokee land to the United States
and paved the way for the “Trail of Tears”.
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
Other Cases of Tribal Sovereignty
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Cherokee Tobacco Case 1870
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Cherokee refused to by taxes required by the Internal Revenue
Act of 1868 on tobacco manufactured in the Cherokee Nation
because the Cherokee Treaty of 1868 exempted them from
such taxation. US Supreme Court ruled that treaties with
Native nations are not the same as those with foreign nations Congressional laws are superior to treaty agreements with
Native nations.
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
Other Cases of Tribal Sovereignty
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Cherokee Tobacco Case 1870
Cherokee Outlet Case 1889
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Federal government refused to approve sale of Cherokee
property to cattlemen for $30 million yet were “obliged” to sell
the land for $8.6 million to the Federal government
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
The Indian Appropriations Act 1851
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U.S. Policy concentrating the Native Population onto
reservations that could be adapted to agriculture.
I
The best way to protect the Native Population was to
concentrate them into small areas and maintain separation.
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Tribes to reside on Reservations that were ill suited to
agricultural use.
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Consistent Themes
Court Decisions and Legislation
Key Documents/Legislation Removal and Relocation
(1828 - 1887)
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Creation of a Bureau of Indian Affairs in the War Department, March 11, 1824 pp. 37
President Jackson on Indian Removal, December 8, 1829 pp. 47
Indian Removal Act, May 28, 1830 pp. 52
Cherokee Nation v. Georgia 1831 pp. 53
Worcester v. Georgia 1831 pp. 60
President Jackson on Indian Removal, December 7, 1835 pp. 70
Transfer of Indian Affairs to the Department of the Interior, March 3, 1849 pp. 79
Indian Commissioner Lea on Reservation Policy, November 27, 1850 pp. 81
Creation of the Indian Peace Commission, October 30, 1865 pp. 101
Report of the Indian Peace Commission, January 7, 1868 pp. 105
Indian Commissioner Taylor on Indian Civilization, November 23, 1868 pp. 122
President Grants Peace Policy, December 5, 1870 pp. 134
Cherokee Tobacco Case, December 1870 pp. 134
Abolition of Treaty Making, March 3, 1871 pp. 135
Assignment of Indian Agencies to Religious Societies, November 1, 1872 pp. 140
Standing Bear v. Crook, May 12, 1879 pp. 150
Report on the Mission Indians of California, October 10, 1883 pp. 156
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
The General Allotment Act (The Dawes Act) 1887
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Each Indian (including ex-slaves) deserved a certain parcel of
land with private ownership and all “Excess land” was then
sold to the U.S. population.
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Encouraged Indians to be farmers, Head of Indian household
received 160 acres of farmland or 320 acres of grazing land.
I
Approximately 25 percent of claimants were awarded
allotments.
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
The General Allotment Act (The Dawes Act) 1887 - Con’t
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Private ownership of land would help Indians assimilate by
encouraging Indians to develop their land
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Congressman Henry Dawes of Massachusetts “...expressed his
faith in the civilizing power of private property with the claim
that to be civilized was to ‘wear civilized clothes...cultivate the
ground live in houses, ride in Studebaker wagons, send
children to school, drink whiskey [and] own property.”
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Native American Education
I
Native American Boarding School System (1882 - 1980s)
https://www.youtube.com/watch?v=YlG2-7yI3mc
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Key Documents/Legislation Allotment and Assimilation
(1928 - 1945)
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General Allotment Act (Dawes Act), February 8, 1887 pp. 170
Use of English in Indian Schools, September 21, 1887 pp. 173
Report of the Dawes Commission November 20, 1894 pp. 189
Citizenship for Indians in the Indian Territory, March 3, 1901 pp. 198
Indian Citizenship Act, June 2, 1924 pp. 218
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Native Nations as Dependent Nations Revisited
I
Meriam Report 1928 - Highlighted the poor living conditions
on Indian Reservations for American public.
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Native Nations as Dependent Nations Revisited
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Meriam Report 1928 - Highlighted the poor living conditions
on Indian Reservations for American public.
Wheeler-Howard Act 1934 (Indian Reorganization Act)
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Stopped the erosion of tribal land base and allowed for
additional tribal lands to be put in trust.
Recognized that tribal governments right to self-govern.
Encouraged tribes to adopt constitutions.
Established a revolving loan program for tribal economic
development.
Established a preference to hire Natives in the Bureau of
Indian Affairs.
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Native Nations as Dependent Nations Revisited
I
Meriam Report 1928 - Highlighted the poor living conditions
on Indian Reservations for American public.
I
Wheeler-Howard Act 1934 (Indian Reorganization Act)
I
http://tm112.community.uaf.edu/unit-2/
indian-reorganization-act-1934/
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Key Documents/Legislation Reorganization and
Self-Government (1928 - 1945)
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Meriam Report 1928 pp. 219
Wheeler-Howard Act (Indian Reorganization Act), June 18, 1934 pp. 223
Indian Commissioner Collier on the Wheeler-Howard Act 1934 pp. 225
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
An End of Recognition and Sovereignty
I
House Concurrent Resolution 108, Terminated Tribes-1953
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Tribes in California, Florida, New York and Texas were
“...freed from Federal supervision and control and all
disabilities and limitations specifically applicable to Indians.”
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
An End of Recognition and Sovereignty
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House Concurrent Resolution 108, Terminated Tribes-1953
Public Law 280, Undermined Tribal Sovereignty-1953
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Tribes in California, Minnesota, Nebraska, Oregon, Wisconsin
and Alaska “...were not terminated but made subject to state
civil and criminal jurisdiction.”
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
An End of Recognition and Sovereignty
I
House Concurrent Resolution 108, Terminated Tribes-1953
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Public Law 280, Undermined Tribal Sovereignty-1953
Urban Indian Relocation Program-1952
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Relocated the Native population from tribal lands into urban
areas of Chicago, Denver, Los Angeles, San Francisco, San
Jose, St. Louis, Cincinnati, Cleveland and Dallas
Relocatees were suppose to receive temporary housing,
counseling, guidance finding a job, permanent housing,
community/social resources and money to tide them over
based upon the size of the family. A man, his wife and four
children received $80 a week for four weeks.
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
An End of Recognition and Sovereignty
I
House Concurrent Resolution 108, Terminated Tribes-1953
I
Public Law 280, Undermined Tribal Sovereignty-1953
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Urban Indian Relocation Program-1952
I
http://tm112.community.uaf.edu/unit-2/
termination-era-1950s-public-law-280/
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Key Documents/Legislation Termination (1945 - 1961)
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Definition of Indian Country June 25, 1948 pp. 233
House Concurrent Resolution 108, August 1, 1953 pp. 234
Relocation of Indians in Urban Areas 1954 pp. 238
Secretary of the Interior Seaton on Termination Policy, September 19, 1958 pp. 239
Williams v. Lee January 12, 1959 pp. 242
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
A Recognition of Tribal Sovereignty
I
Special Message on Indian Affairs, 1970
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“Because termination is morally and legally unacceptable,
because it produces bad practical results, and because the
mere threat of termination tends to discourage greater
self-sufficiency among Indian groups, I am asking the Congress
to pass a new Concurrent Resolution which would expressly
renounce, repudiate and repeal the termination policy
expressed in House Concurrent Resolution 108.” - President
Richard M. Nixon
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
A Recognition of Tribal Sovereignty
I
Special Message on Indian Affairs, 1970
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Indian Self-Determination and Education Assistance Act, 1975
http://tm112.community.uaf.edu/unit-3/
indian-self-determination/
Dr. Jeffrey D. Burnette
History: 1830 - Present
Removal and Relocation (1828 - 1887)
Allotment and Assimilation (1887 - 1928)
Reoganization and Self-Government (1928 - 1945)
Termination (1945 - 1961)
Self-Determination (1961 - Present)
Key Documents/Legislation Self-Determination
(1961 - Present)
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President Johnson, Special Message to Congress, March 6, 1968 pp. 249
Civil Rights Act of 1968, April 11, 1968 pp. 250
Report on Indian Education, November 3, 1969 pp. 253
President Nixon, Special Message on Indian Affairs, July 8, 1970 pp. 256
Indian Education Act, Jun2 23 1972 pp. 263
Comprehensive Employment and Training Act, December 28, 1973 pp. 267
Indian Financing Act, April 12, 1974 pp. 269
Indian Self-Determination and Education Assistance Act, January 4, 1975 pp. 275
Indian Health Care Improvement Act, September 30, 1976 pp. 279
Oliphant v. Suquamish Indian Tribe, March 6, 1978 pp. 285
Federal Acknowledgement of Indian Tribes, October 2, 1978 pp. 290
Dr. Jeffrey D. Burnette
History: 1830 - Present