Cover

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Title Page, Copyright

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Contents

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pp. v-x

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Preface

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pp. xi-xii

The documents printed in this volume illustrate the history of the relations between the United States government and the American Indians from the founding of the nation to the end of the twentieth century. They are a collection of official and quasiofficial records ...

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1. George Washington to James Duane, September 7, 1783

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pp. 1-2

At the end of the Revolutionary War the new nation faced Indian problems of considerable magnitude, for the Indian nations at war with the United States had no part in the Peace of Paris. In a letter to James Duane, George Washington outlined principles that were to form the basis for the Indian policy of the Continental Congress. ...

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2. Proclamation of the Continental Congress, September 22, 1783

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pp. 2-3

The most serious obstacle to peaceful relations between the United States and the Indians was the steady encroachment of white settlers on the Indian lands. The Continental Congress, following Washington’s suggestion, issued a proclamation prohibiting unauthorized settlement or purchase of Indian lands. ...

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3. Report of Committee on Indian Affairs, October 15, 1783

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pp. 3-4

A select committee headed by James Duane, to whom papers relating to Indian affairs had been committed, made a report to the Continental Congress on October 15, 1783, which outlined procedure for dealing with the Indians in the North and West. The influence ofWashington’s letter to Duane can be seen throughout the document. The ...

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4. Treaty with the Six Nations, October 22, 1784

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pp. 4-5

Typical of the treaties of peace signed by the United States with the Indian nations after the RevolutionaryWar was the treaty with the Six Nations in 1784, negotiated at Fort Stanwix. ...

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5. Treaty of Fort McIntosh, January 21, 1785

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pp. 5-6

A treaty of peace following the RevolutionaryWar was made with the northwestern tribes at Fort McIntosh early in 1785, in which the Indians acknowledged the protection of the United States and agreed to boundary lines. The treaty, however, had little effect; it had to be confirmed and augmented by the Treaty of Fort Harmar, ...

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6. Treaty of Hopewell with the Cherokees, November 28, 1785

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pp. 6-8

The United States signed treaties with the southern tribes at Hopewell, South Carolina, in 1785 and 1786. These treaties fixed boundaries for the Indian country, withdrew protection from white settlers on Indian lands, made arrangement for the punishment of criminals, and provided trade regulations. Typical of these agreements ...

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7. Ordinance for the Regulation of Indian Affairs, August 7, 1786

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pp. 8-9

An ordinance to govern the Indian trade was approved by the Continental Congress on August 7, 1786. The features it proposed—essentially a licensing system administered by superintendents and agents—were adapted from earlier British practice. This ordinance was never fully effective, but its provisions in modified form became the ...

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8. Northwest Ordinance, July 13, 1787

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p. 9

The legislation which established the Northwest Territory, thus inaugurating the policy of organizing and governing the national domain west of the Appalachians, included a firm statement of good faith and justice in dealing with the Indians. ...

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9. Committee Report on the Southern Department, August 3, 1787

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pp. 10-11

The conduct of Indian affairs under the Articles of Confederation suffered because of conflicts between federal and state authority. The proviso in the Indian clause of the Articles gave the states grounds for independent action which seriously weakened the authority of the general government in dealing with the Indians. A special committee ...

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10. Report of Henry Knox on White Outrages, July 18, 1788

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pp. 11-12

Peace with the Indians could not be maintained so long as aggressive action by the frontier whites gave the Indians grounds for retaliatory incursions. The outrages perpetrated by the frontiersmen among the southern Indians caused an early crisis in Indian relations. The report of Secretary of War Henry Knox to the Continental ...

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11. Report of Henry Knox on the Northwestern Indians, June 15, 1789

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pp. 12-13

The disturbances between whites and Indians along theWabash River created a crisis in Indian affairs. Secretary of War Henry Knox urged a just and humane policy which would recognize Indian rights to the soil, reject the principle of conquest, and compensate the Indians for lands ceded by them ...

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12. Establishment of the War Department, August 7, 1789

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pp. 13-14

When the First Congress under the Constitution established the War Department, it placed Indian affairs under its jurisdiction, where they remained until the establishment of the Interior Department in 1849. ...

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13. Trade and Intercourse Act, July 22, 1790

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pp. 14-15

Unrest on the frontiers threatened the peace of the young nation, and President Washington and Secretary of War Knox called on Congress to provide legislation to prevent further outrages. Congress replied in July 1790 with the first of a series of laws “to regulate trade and intercourse with the Indian tribes.” These laws, which were ...

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14. President Washington’s Third Annual Message, October 25, 1791

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pp. 15-16

President Washington carried his concern for a just Indian policy to Congress in his annual messages. In 1791 he outlined the essential elements of a policy to “advance the happiness of the Indians and to attach them firmly to the United States.” ...

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15. President Washington on Government Trading Houses December 3, 1793

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p. 16

Washington repeatedly stressed the importance of properly regulated trade with the Indians. In his Fifth Annual Message to Congress he suggested that the United States government itself should enter the trade, a recommendation later incorporated in the factory system. ...

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16. Establishment of Government Trading Houses April 18, 1796

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pp. 16-17

Washington’s proposal for government trading houses was accepted as a trial measure in 1795, and in 1796 Congress established a system of Indian trading houses, which would provide “liberal trade with the several Indian nations.” This so-called factory system was extended periodically until it was abolished in 1822 ...

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17. Trade and Intercourse Act March 30, 1802

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pp. 17-21

The temporary trade and intercourse acts passed in 1790, 1796, and 1799 were replaced in 1802 by a more permanent measure, which was largely a restatement of the earlier laws. With occasional additions it remained in force as the basic law governing Indian relations until it was replaced by a new codification of Indian policy ...

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18. President Jefferson on Indian Trading Houses, January 18, 1803

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pp. 21-22

Jefferson sent a special message to Congress at the beginning of 1803, in which he urged a continuation of the government trading houses established in the Indian country. His policy of moving the Indians from a hunting economy to an agricultural state was strongly stated in the message. ...

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19. President Jefferson to William Henry Harrison, February 27, 1803

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pp. 22-23

In a private letter to William Henry Harrison, governor of Indiana Territory, Thomas Jefferson spoke candidly of his views on Indian policy. He showed a humanitarian concern for Indian welfare and expressed a hope that the Indians would be incorporated into white society, but he also suggested harsh reprisals for ...

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20. Superintendent of Indian Trade, April 21, 1806

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pp. 23-24

This law of 1806 continued the system of government trading houses begun in 1796. It also authorized a superintendent of Indian trade to direct the business. The office of superintendent was held by two men, John Mason (1806–16) and Thomas L. ...

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21. President Jefferson on the Liquor Trade, December 31, 1808

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p. 24

Federal restrictions on liquor trade with the Indian tribes extended only to territory under federal jurisdiction, not to the states. On December 31, 1808, President Thomas Jefferson wrote to the governors of the states and territories, urging them to restrain their citizens from selling liquor to the Indians. ...

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22. Treaty of Portage des Sioux, July 19, 1815

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p. 25

At the conclusion of the War of 1812, in which many tribes of the Northwest had actively supported the British, treaties of peace were signed with the several tribes at Portage des Sioux, on the west bank of the Mississippi above the mouth of the Missouri, and at Spring Wells, near Detroit. This treaty with one

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23. Governor Cass on British Traders, July 20, 1815

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pp. 25-26

A source of irritation on the northwest frontier after the War of 1812 was the activity of the British traders, who still influenced the Indians within the territory of the United States. Lewis Cass, governor of Michigan Territory, writing to Acting Secretary of War A. J. Dallas from Detroit in July 1815, described the danger and ...

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24. Secretary of War Crawford on Trade and Intercourse, March 13, 1816

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pp. 26-28

In reply to a Senate resolution, Secretary of War William H. Crawford submitted a forceful statement in support of maintaining the system of government trading houses, which after the War of 1812 came increasingly under attack from private trading interests. His concern for bringing the Indians into “the pale of civilization, ...

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25. Exclusion of British Traders, April 29, 1816

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pp. 28-29

Fear of the influence of British traders on Indians in the United States and desire to keep the profits of the Indian trade in American hands led to exclusion of noncitizens from the trade ...

26. Secretary of War Calhoun on British Traders, March 25, 1818

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p. 29

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27. Authorization of Indian Agents., 1818

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p. 30

Indian agents, who became the key officials in relations between the United States and the Indian tribes, were not formally authorized in the early decades of the nation’s history but relied for their appointment on vague references in treaties or the trade and intercourse laws. In 1818, however, two measures regularized their status. One ...

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28. Secretary of War Calhoun on Indian Trade., December 5, 1818

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pp. 31-33

Regulation of the Indian trade was a continuing problem for the United States. In response to a request from the House of Representatives, Secretary of War John C. Calhoun submitted a long statement on a system for trading with the Indians. The following are key extracts. Included is a digression in which Calhoun expressed his ...

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29. Civilization Fund Act, March 3, 1819

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p. 33

The United States government became increasingly concerned with the education of the Indian tribes in contact with white settlements and encouraged the activities of benevolent societies in providing schools for the Indians. Congress in 1819 authorized an annual “civilization fund” to stimulate and promote this work. ...

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30. Abolition of the Government Trading Houses, May 6, 1822

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pp. 33-34

The government trading houses or factories suffered economically during the War of 1812 and after the war were attacked by private trading interests. Although strongly supported by such officials as Thomas L. McKenney, superintendent of Indian trade, and Secretary of War John C. Calhoun, the factory system fell under the assault. ...

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31. Act for Regulating the Indian Trade, May 6, 1822

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pp. 34-35

With the abolition of the government trading houses, the United States fell back on a system of Indian trade carried on only by private individuals and companies. A new law revised the licensing regulations, strengthened the provisions for restricting the liquor trade, set regulations for the distribution of annuities, and created a special superintendent of Indian affairs to reside at Saint Louis ...

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32. Johnson and Graham’s Lessee v.William McIntosh, 1823

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pp. 35-37

The plaintiffs in this case claimed title to land in Illinois on the basis of purchase from the Indians; the defendant, on the basis of a grant from the United States. The Supreme Court decided in favor of the defendant and in so doing discussed the nature of the Indian land title under the United States. ...

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33. Creation of a Bureau of Indian Affairs in the War Department, March 11, 1824

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pp. 37-38

Secretary of War John C. Calhoun, without special congressional authorization, set up a “Bureau of Indian Affairs” within his department and assigned the duties of the office to Thomas L. McKenney. McKenney held the office until dismissed by President Jackson in 1830. Congress confirmed the position, then designated “Commissioner ...

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34. Authorization of Treaties;Trade Regulations, May 25, 1824

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p. 38

Fur traders on the Missouri River experienced hostility from Indians and demanded government action to protect their interests. Congress authorized the president to make treaties of trade and friendship with the tribes beyond the Mississippi and to provide a military escort for the commissioners. The act also included important ...

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35. Message of President Monroe on Indian Removal. January 27, 1825

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pp. 39-40

In the 1820s white pressures against the Indians in the eastern states increased and in the southern states especially created a severe crisis in Indian affairs. Georgia, citing the compact with the federal government of April 24, 1802, in which the United States had agreed to extinguish the Indian land titles in the state as soon ...

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36. Treaty with the Ponca Indians, June 9, 1825

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pp. 40-42

In response to fur traders’ pleas a military expedition was sent up the Missouri River in 1825 under General Henry Atkinson to overawe the Indians and to conclude treaties of peace with them. (See Act of May 25, 1824.) One of the treaties signed was with the Ponca Indians. ...

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37. Treaty of Prairie du Chien, August 19, 1825

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pp. 42-43

Intertribal conflicts threatened the peace of the frontiers, and the United States sought to prevent such hostilities by having the Indian tribes agree to definite boundary lines and specific areas which each claimed. Tribes from the upper Mississippi were assembled at Prairie du Chien in the summer of 1825 to conclude such a pact. ...

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38. Thomas L. McKenney on Trading Sites, February 14, 1826

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pp. 43-44

The law of May 25, 1824, providing that Indian agents should designate “certain convenient and suitable places” for carrying on trade with the Indians, was opposed by traders, who found it too restrictive, and several attempts were made in Congress to repeal the act. In a report submitted to Secretary of War James Barbour, February ...

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39. Secretary of War Eaton on Cherokee Removal, April 18, 1829

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pp. 44-47

The federal policy of removing the eastern Indians to areas west of the Mississippi, strongly supported by President Andrew Jackson, brought sharp opposition from the Cherokee Indians, who argued for their right to remain where they were. One of the best statements of Jackson’s position is the letter written by Secretary of War John ...

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40. President Jackson on Indian Removal, December 8, 1829

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pp. 47-48

The executive branch of the federal government was firmly committed to the removal of the eastern tribes to the region west of the Mississippi by President Andrew Jackson. In his First Annual Message to Congress in December 1829 he set forth his views. ...

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41. Senator Frelinghuysen on Indian Removal, April 9, 1830

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pp. 48-52

One of the strongest supporters of the Indian opposition to removal was Senator Theodore Frelinghuysen of New Jersey . He presented his arguments in a long speech in the Senate on April 9, 1830, during the debate on the removal bill. ...

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42. Indian Removal Act, May 28, 1830

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pp. 52-53

After bitter debate in Congress and in the public press, Congress passed an act authorizing the president to exchange lands in the West for those held by Indian tribes in any state or territory and appropriated $500,000 for the purpose. This act enabled President Jackson to proceed with the removal policy and to negotiate ...

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43. Treaty with the Choctaw Indians, September 27, 1830

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pp. 53-57

The first of the removal treaties signed with the southern Indians after passage of the Removal Act of 1830 was that with the Choctaws at Dancing Rabbit Creek. It provided for an exchange of lands, guaranteed protection for the Indians, and specified annuities and other payments or services ...

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44. Cherokee Nation v. Georgia 1831

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pp. 57-59

When Georgia extended her laws over the Cherokee lands, the Indians brought suit against the state. The Supreme Court refused to accept jurisdiction because it declared that the Cherokee Nation was not a “foreign nation” in the sense intended by the Constitution. John Marshall, who delivered the opinion, described the Indian tribes ...

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45. Worcester v. Georgia. 1832

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pp. 60-62

Samuel A. Worcester, a missionary among the Cherokees, was imprisoned because he refused to obey a Georgia law forbidding whites to reside in the Cherokee country without taking an oath of allegiance to the state and obtaining a permit. The Supreme Court decided in favor of Worcester, maintaining that ...

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46. Authorization of a Commissioner of Indian Affairs, July 9, 1832

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p. 62

In 1832 Congress at last provided for an official specifically charged with the direction and management of Indian affairs. The commissioner succeeded the head of the Indian Office that had been established by the secretary of war in 1824. The same act absolutely prohibited the introduction of ardent spirits into the Indian country. ...

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47. Indian Commissioner Herring on the Indian Race: Extract from the Annual Report of the Commissioner of Indian Affairs, November 22, 1832

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pp. 62-63

The first man to hold the office of commissioner of Indian affairs authorized by Congress in 1832 was Elbert Herring. In his first report to the secretary of war he urged that the Indians be brought within the social system of the whites, especially in regard to private ownership of property. ...

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48. Trade and Intercourse Act, June 30, 1834

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pp. 63-68

The final codification of the trade and intercourse acts was passed by Congress in 1834. It offered no sharp break with the past but embodied, sometimes in modified form, the principles that had developed through the preceding decades. The House ...

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49. Organization of the Department of Indian Affairs, June 30, 1834

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pp. 68-70

In 1834 Congress regularized the organization and operations of the superintendents and agents responsible for Indian affairs, thus eliminating much of the confusion and vagueness that had plagued the Indian service. ...

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50. President Jackson on Indian Removal, December 7, 1835

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pp. 70-72

President Andrew Jackson held firm in favor of Indian removal. In his annual message to Congress in December 1835 he renewed his arguments for the removal policy. ...

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51. Indian Commissioner Crawford on Indian Policy: Extract from the Annual Report of the Commissioner of Indian Affairs, November 25, 1838

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pp. 72-75

Commissioner of Indian Affairs T. Hartley Crawford had strong views on Indian policy, which he expressed in his annual reports. In 1838 he wrote, among other things, about manual labor schools, allotment of Indian lands to individual Indians, and confederation of the Indians in the West. ...

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52. Regulations Regarding Liquor and Annuities, March 3, 1847

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pp. 75-76

Two significant changes in Indian policy were made by an act of Congress in 1847. One strengthened the procedures for eliminating the liquor trade among the Indians. The other provided for distribution of annuities to heads of families rather than to tribal chiefs, in the hope of lessening or eliminating the influence of traders on ...

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53. Indian Commissioner Medill on Indian Colonies: Extract from the Annual Report of the Commissioner of Indian Affairs, November 30, 1848

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pp. 76-79

As white population surged westward and emigrants from the older states cut through Indian lands on their way to the Pacific coast, plans to consolidate the Indians materialized. An early and forceful proposal to form two concentrated colonies of Indians in the West was put forth by Commissioner William Medill in 1848. ...

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54. Transfer of Indian Affairs to the Department of the Interior, March 3, 1849

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pp. 79-80

At a time of relative tranquillity on the frontier, responsibility for Indian affairs was transferred from the War Department to the newly created Department of the Interior. Insistent attempts in the post–Civil War decades to return the Indian bureau to the War Department were unsuccessful. ...

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55. Organization of Indian Affairs in Oregon, June 5, 1850

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p. 80

Although the United States acquired exclusive claim to Oregon in 1846 and Oregon Territory was organized in 1848, it was not until 1850 that provision was made for dealing with the Indian tribes of that region. Congress then authorized the negotiation of treaties, provided for a superintendent of Indian affairs and for one or more Indian ...

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56. Indian Commissioner Lea on Reservation Policy. November 27, 1850

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pp. 81-83

A reservation policy gradually evolved as the federal government sought to concentrate Indian tribes into restricted areas, where they could be prevented from depredation and where they could be more easily induced to accept an agricultural economy. Commissioner Luke Lea in 1850 recommended such a course for the Sioux and ...

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57. Modifications in the Indian Department, February 27, 1851

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p. 83

In 1851 Congress provided a new arrangement of superintendencies and agencies east of the Rockies and north of New Mexico and Texas. It also authorized agents for New Mexico and Utah territories and extended the provisions of the trade and intercourse acts over those regions. ...

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58. Treaty of Fort Laramie. September 17, 1851

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pp. 84-85

As emigrants crossed the plains in large numbers, diplomatic as well as military measures were undertaken to preserve peace with the Indians. A treaty established formal relations with the northern plains tribes at Fort Laramie in 1851 and sought to gain security for the overland travelers. The treaty set boundaries for the various ...

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59. Indian Commissioner Lea on the Civilization of the Indians: Extract from the Annual Report of the Commissioner of Indian Affairs, November 27, 1851

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pp. 85-86

The United States government’s goal of incorporating the Indians into white civilization was expressed by Commissioner Luke Lea at the end of his annual report in 1851. ...

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60. Superintendent of Indian Affairs in California. March 3, 1852

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p. 86

Indian affairs in the Far West were regularized little by little. In 1852 Congress authorized a superintendent of Indian affairs for California, with powers similar to those of the superintendent at Saint Louis. ...

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61. Treaty with the Oto and Missouri Indians, March 15, 1854

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pp. 86-89

To make room for white settlers in Kansas and Nebraska territories, numerous treaties were negotiated with the Indians of the area by Commissioner of Indian Affairs George W. Manypenny. These treaties were noteworthy because many of them provided for the allotment of reservation land in severalty to individual ...

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62. Indian Commissioner Manypenny on Indian Affairs: Extract from the Annual Report of the Commissioner of Indian Affairs, November 22, 1856

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pp. 89-91

George W. Manypenny, commissioner of Indians affairs from 1853 to 1857, faced the problems that arose from the opening of Kansas and Nebraska to white settlement. In his report of 1856 he discussed the treaties made with the Indians and his general views on Indian policy ...

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63. Indian Commissioner Mix on Reservation Policy, November 6, 1858

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pp. 92-94

Commissioner of Indian Affairs Charles E. Mix in 1858 discussed problems concerning the development of reservation policy in the West. ...

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64. Indian Commissioner Dole on Reservation Policy Extract from the Annual Report of the Commissioner of Indian Affairs, November 26, 1862

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pp. 94-95

Lincoln’s commissioner of Indian affairs, William P. Dole, strongly supported the emerging policy of confining the Indians on restricted reservations, as a step toward allotment of lands in severalty and ultimate incorporation of the Indians into full ...

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65. Report of the President of the Southern Treaty Commission. October 30, 1865

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pp. 96-98

At the conclusion of the Civil War, the United States government sent to Fort Smith a special commission, headed by Commissioner of Indian Affairs Dennis N. Cooley, to deal with the Indian tribes of the Indian Territory, most of whom had actively supported the Confederacy. Cooley’s report indicates the terms that were proposed to ...

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66. Treaty with the Creeks, June 14, 1866

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pp. 98-101

The treaty with the Creeks, signed in Washington in 1866, was one of the treaties made with the Five Civilized Tribes after the Civil War. It reinstated relations between the United States and the Creek Nation, required the emancipation of slaves and relinquishment of territory by the Creeks for the use of other Indians, and ...

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67. Report of the Doolittle Committee, January 26, 1867

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pp. 101-104

The Joint Special Committee of Congress, appointed under a joint resolution of March 3, 1865, and chaired by Senator James Doolittle of Wisconsin, submitted its report in January 1867. The report, entitled “Condition of the Indian Tribes,” discussed reasons for the decrease in Indian population and made recommendations ...

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68. Creation of an Indian Peace Commission, July 20, 1867

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pp. 104-105

The outbreak of wars on the plains in the mid-1860s convinced Congress that a serious peace offensive was in order. It authorized a Peace Commission, which was to determine the reasons for Indian hostilities and at its discretion to make treaty ...

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69. Report of the Indian Peace Commission, January 7, 1868

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pp. 105-109

The Peace Commission, in its initial report of January 7, 1868, reviewed the causes of Indian hostilities and severely indicted white treatment of the Indians. It urged bringing the Indians into white civilization and made formal recommendations of means to that end. ...

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70. Treaty of Fort Laramie, April 29, 1868

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pp. 109-113

At reaty with the Sioux and their allies was drawn up by the Indian Peace Commission at Fort Laramie in 1868. It recognized hunting rights of the Indians in the Powder River area, closed the Bozeman Trail and withdrew the military posts built to protect it, and established a Sioux reservation west of the Missouri in what became the state ...

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71. House Debate on Treaty-Making Power, June 18, 1868

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pp. 113-115

When the commissioner of Indian affairs negotiated a treaty with the Osage Indians in Kansas in 1868, by which a railroad corporation was to receive the lands ceded by the Indians, members of the House of Representatives strongly objected. They argued that such alienation of lands instead of returning them to the public domain was wrong. ...

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72. Resolutions of the Indian Peace Commission, October 9, 1868

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pp. 115-116

After a renewal of hostilities on the plains in the summer of 1868, the Peace Commission met again in Chicago in October. It took a strong stand against the hostile Indians and, in a reversal of its earlier position, now recommended the transfer ...

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73. Secretary of War Schofield on Transfer of the Indian Bureau: Extract from the Annual Report of the Secretary of War, November 20, 1868

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pp. 116-117

The arguments of military men in favor of transferring the Bureau of Indian Affairs from the Department of the Interior to the War Department were well stated by Secretary of War J. M. Schofield in his annual report for 1868. ...

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74. Indian Commissioner Taylor on Transfer of the Indian Bureau: Extract from the Annual Report of the Commissioner of Indian Affairs, November 23, 1868

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pp. 117-122

The proposal, advanced strongly in the late 1860s and again a decade later, to transfer the Bureau of Indian Affairs from civilian control under the Interior Department to military control under the War Department brought a spirited attack from Commissioner Nathaniel G. Taylor. He admitted, however, that affairs had not ...

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75. Indian Commissioner Taylor on Indian Civilization: Extract from the Annual Report of the Commissioner of Indian Affairs, November 23, 1868

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pp. 122-125

Commissioner of Indian Affairs Nathaniel G. Taylor was an ardent promoter of civilian control of Indian affairs and of programs for the civilization of the Indians. In his annual report of 1868 he included a forthright statement of his belief in the ...

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76. Authorization of the Board of Indian Commissioners, April 10, 1869

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pp. 125-126

Part of the change in Indian policy known as Grant’s “peace policy” rested upon the Board of Indian Commissioners, a body of unpaid philanthropists appointed to aid the secretary of the interior in Indian affairs. The board was authorized by a section ...

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77. Instructions to the Board of Indian Commissioners1869

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pp. 126-127

Both President Grant and his commissioner of Indian affairs, Ely S. Parker, sent instructions to the members of the Board of Indian Commissioners, appointed in 1869. The board was given broad responsibilities to investigate Indian affairs and to ...

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78. Secretary of the Interior Cox on Reservations and on the Peace Policy. November 15, 1869

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pp. 128-130

Jacob D. Cox, first secretary of the interior in Grant’s administration, supported the policy of settling the Indians within reservations. In his annual report of 1869 he also spoke favorably of the Board of Indian Commissioners and of the policy of assigning Indians agencies to the Quakers–two elements ...

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79. Report of the Board of Indian Commissioners, November 23, 1869

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pp. 130-133

The first report of the Board of Indian Commissioners shows how seriously they took their responsibilities. They presented a startling indictment of past dealings with the Indians and then offered recommendations for changes in Indian policy which foreshadowed most of ...

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80. Indian Commissioner Parker on the Treaty System: Extract from the Annual Report of the Commissioner of Indian Affairs, December 23, 1869

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pp. 133-134

The treaty system of dealing with the Indians had long been under attack because of the inequality of the two contracting parties. After the Civil War such criticisms came to a head and contributed to the abolition of treaty making in 1871. One strong statement against negotiating treaties with the Indians was made by Commissioner ...

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81. President Grant’s Peace Policy: Extract from Grant’s Second Annual Message to Congress, December 5, 1870

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p. 134

In an attempt to eliminate abuses in the Indian service occasioned by political appointments, President Grant authorized the assignment of the Indian agencies to religious denominations, who would select the agents and other personnel. Grant explained and justified the action in his message to Congress in 1870. ...

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82. Cherokee Tobacco Case, December 1870

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pp. 134-135

Cherokees Elias C. Boudinot and Stand Watie refused to pay taxes required by the Internal Revenue Act of 1868 on tobacco manufactured in the Cherokee Nation because they claimed the Cherokee treaty of 1866 exempted them from such taxation. The Supreme Court decided against them on the grounds that a law of Congress can ...

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83. Abolition of Treaty Making. March 3, 1871

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p. 135

Because of humanitarian attacks upon the treaty system and the objections of the House of Representatives to the concentration of authority for dealing with the Indians in the hands of the Senate through its treaty-making power, Congress in 1871, in an obscure rider to the Indian appropriation bill, outlawed further ...

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83. Abolition of Treaty Making, March 3, 1871

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p. 135

Because of humanitarian attacks upon the treaty system and the objections of the House of Representatives to the concentration of authority for dealing with the Indians in the hands of the Senate through its treaty-making power, Congress in 1871, in an obscure rider to the Indian appropriation bill, outlawed further ...

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84. Indian Commissioner Walker on Indian Policy: Extract from the Annual Report of the Commissioner of Indian Affairs, November 1, 1872

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pp. 135-140

Commissioner of Indian Affairs Francis A. Walker spoke bluntly in his report of 1872 about the relationship of the federal government to the Indians. It was a harsh, practical statement, made by a man who later won renown as a statistician, economist, ...

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85. Assignment of Indian Agencies to Religious Societies: Extract from the Annual Report of the Commissioner of Indian Affairs, November 1, 1872

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pp. 140-142

The apportionment of the Indian agencies among missionary societies of the several religious denominations, begun with the Quakers in 1869, was in full operation by 1872, when Commissioner of Indian Affairs Francis A.Walker included a tabulation ...

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86. Establishment of a Reservation by Executive OrderMay29, 1873

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p. 142

Although Indian reservations initially were set aside by treaty stipulations, reservations were also designated by executive order of the president of the United States. An example of such creation of a reservation is that of the Mescalero Apaches in New ...

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87. Indian Commissioner Smith on Indian Citizenship. November 1, 1874

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pp. 143-145

Changing relationships between the Indians and the United States called for new legislation. One detailed proposal, which showed the direction taken by official thinking in the Indian Office, was that of Commissioner Edward P. Smith in his annual report of 1874. ...

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88. General Sherman on Transfer of the Indian Bureau, January 19, 1876

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pp. 145-146

General William T. Sherman, in a letter to W. A. J. Sparks, chairman of the House Subcommittee on Indian Affairs, spoke in favor of transferring the Bureau of Indian Affairs to the War Department and of substituting military personnel for the civilian ...

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89. Indian Commissioner Smith on Principles of Indian Policy Extract from the Annual Report of the Commissioner of Indian Affairs, October 30, 1876

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pp. 146-149

Commissioner John Q. Smith, in his annual report of 1876, discussed three principles which he believed essential for the welfare and progress of the Indians. Although the first (concentration of all Indians on a few reservations) was later abandoned, the other two (allotment of land in severalty and extension of United States law over the ...

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90. Indian Commissioner Hayt on Indian Police: Extract from the Annual Report of the Commissioner of Indian Affairs, November 1, 1877

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pp. 149-150

The use of Indians to police the reservations had been tried with success by John Clum, agent of the Apaches on the San Carlos Reservation, and by other agents. Commissioner Ezra A. Hayt recommended the general adoption of an Indian police force in his annual report of 1877. Congress authorized pay for 430 privates and ...

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91. Standing Bear v. CrookMay12, 1879

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pp. 150-152

In 1877 the United States government forced members of the Ponca tribe to move to the Indian Territory from their reservation in Dakota, which had inadvertently been assigned also to the Sioux. One group of Poncas, led by Standing Bear, unable to endure their new condition, fled back to their old homeland. When arrested by ...

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92. Secretary of the Interior Schurz on Reservation Policy: Extract from the Annual Report of the Secretary of the Interior, November 1, 1880

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pp. 152-154

Secretary of the Interior Carl Schurz took a strong interest in Indian affairs. He made it his business to eliminate corruption and abuses within the Indian Office, but he also vigorously promoted elements of Indian policy. In his annual report for 1880, he indicated a reversal of the policy of removing Indians from their homelands in ...

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93. Indian Commissioner Price on Civilizing the Indians: Extract from the Annual Report of the Commissioner of Indian Affairs, October 24, 1881

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pp. 154-155

The 1880s marked a new drive to solve the “Indian problem.” Typical arguments in favor of making the Indians support themselves on individual homesteads were advanced by Commissioner Hiram Price in his annual report of 1881. His goal was to make the Indians a happy and prosperous people according to white modes of life. ...

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94. Indian Commissioner Price on Cooperation with Religious Societies., October 10, 1882

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p. 156

Indicative of the important influence of Christian sentiment on government officials was the praise of Christian educators and missionaries in the annual report of Commissioner Hiram Price in 1882. Price was a prominent Methodist layman. ...

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95. Report on the Mission Indians of California: Extract from the Annual Report of the Commissioner of Indian Affairs, October 10, 1883

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pp. 156-158

The pitiable condition of the Mission Indians in California was called to public attention by a report submitted in 1883 by Helen Hunt Jackson and Abbot Kinney. Commissioner Hiram Price provided a succinct summary of their findings and recommendations in his annual report of 1883. The plight of the Indians was further ...

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96. General Sherman on the End of the Indian Problem, October 27, 1883

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p. 158

In his final report as General of the Army, William T. Sherman noted the end of the Indian wars and the settlement of the Indian question. ...

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97. Courts of Indian Offenses: Extract from the Annual Report of the Secretary of the Interior, November 1, 1883

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pp. 158-160

Secretary of the Interior Henry M. Teller instigated the establishment on Indian reservations of so-called courts of Indian offenses. His goal was to eliminate “heathenish practices” among the Indians, but the courts came to be general tribunals for handling minor offenses on the reservations. His directions to the commissioner ...

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98. Ex Parte Crow Dog, December 17, 1883

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pp. 160-161

When the Brulé Sioux chief CrowDog was sentenced to death by the First Judicial District Court of Dakota for the murder of Spotted Tail, he brought suit for release on the grounds that the federal courts had no jurisdiction over crimes committed in the Indian country by one Indian against another. The Supreme Court upheld his. ...

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99. Program of the Lake Mohonk Conference, September 1884

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pp. 161-165

Reformers interested in Indian affairs met each year from 1883 to 1916 at Lake Mohonk, NewYork, to discuss Indian matters and to make recommendations. These Lake Mohonk Conferences of Friends of the Indian had tremendous impact on the formulation of federal policy. In 1884, in a series of resolutions, the conference gave ...

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100. Elk v. Wilkins, November 3, 1884

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pp. 165-166

John Elk, an Indian who had voluntarily separated himself from his tribe and taken up residence among the whites, was denied the right to vote in Omaha, Nebraska, on the ground that he was not a citizen. The Supreme Court considered the question of whether Elk had been made a citizen by the Fourteenth Amendment and decided ...

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101. Major Crimes Act, March 3, 1885

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p. 166

To prevent a recurrence of cases like the murder of Spotted Tail by Crow Dog, in which the murderer was freed because the federal courts had no jurisdiction over crimes committed by one Indian against another within the Indian country, Congress declared that seven major crimes committed by Indians on the reservations would fall ...

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102. United States v. Kagama, May10, 1886

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pp. 166-167

The constitutionality of the Major Crimes Act (section 9 of the act of March 3, 1885) was tested in 1886 in a case involving two Indians who committed murder on the Hoopa Valley Indian Reservation in California. The Supreme Court upheld the law. ...

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103. Indian Commissioner Atkins on the Five Civilized Tribes: Extract from the Annual Report of the Commissioner of Indian Affairs, September 28, 1886

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pp. 167-170

Proposals following the Civil War to create a regular territorial government for the Indian nations in the Indian Territory were successfully beaten down by the Indians. As the reform movement to absorb the Indians as citizens into white society gained headway in the 1880s, new attention was paid to the Five Civilized Tribes ...

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104. General Allotment Act (Dawes Act), February 8, 1887

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pp. 170-173

The demand of reformers that Indian reservations be allotted in severalty to individual Indians and that tribal relations be broken up was fulfilled by the Dawes Act of 1887. The lawauthorized the president of the United States to proceed with allotment and declared Indians who received allotments to be citizens of the United ...

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105. Use of English in Indian Schools: Extract from the Annual Report of the Commissioner of Indian Affairs, September 21, 1887

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pp. 173-175

One of the chief tools in bringing white civilization to the Indians was the English language. Commissioner J. D. C. Atkins, in his annual report of 1887, argued for the exclusive use of English at all Indian schools and reprinted some of his directives. ...

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106. Marriage between White Men and Indian Women, August 9, 1888

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p. 175

The effects of marriage between white men and Indian women were regulated in this law of 1888. An act in relation to marriage between white men and Indian women. ...

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107. Indian Commissioner Morgan on Indian Policy: Extract from the Annual Report of the Commissioner of Indian Affairs, October 1, 1889

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pp. 175-176

Thomas J. Morgan, appointed commissioner of Indian affairs in 1889, was a man of strong convictions about the need to Americanize the Indians and absorb them into white society. In his first annual report he set forth his general views. ...

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108. Supplemental Report on Indian Education, December 1, 1889

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pp. 176-179

In October 1889, Commissioner Thomas J. Morgan presented at the Lake Mohonk Conference a detailed plan for a national system of Indian schools, modeled on the public school system of the states. Having received the support of the reformers at the conference, he submitted the plan to the secretary of the interior as a “Supplemental ...

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109. Inculcation of Patriotism in Indian Schools, December 10, 1889

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pp. 179-180

The effort to train the Indian children as American citizens was well illustrated by the “Instructions to Indian Agents in Regard to Inculcation of Patriotism in Indian Schools,” issued by Commissioner of Indian Affairs Thomas J. Morgan in December 1889. ...

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110. The Board of Indian Commissioners on Civil Service Reform, January 10, 1891

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p. 180

The need for competent administration of Indian affairs led to a demand on the part of reformers for application of civil service rules to the Indian service. An early example of such proposals was a letter of the Board of Indian Commissioners to President Benjamin Harrison on January 10, 1891. ...

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111. Relief of the Mission Indians, January 12, 1891

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pp. 180-182

After long neglect of the rights of the Mission Indians of California to their lands, Congress established reservations for these Indians. The law provided also for allotment of land in severalty ...

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112. Amendment to the Dawes Act, February 28, 1891

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pp. 182-184

Four years after its passage, the Dawes Act was amended to provide for equal allotments to all Indians and for the leasing of allotments under certain conditions. ...

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113. Civil Service Classifications in the Indian Service, April 13, 1891

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p. 184

The application of civil service rules to the Indian service began with the classification of four groups of employees in 1891. ...

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114. Army Officers as Indian Agents, July 13, 1892

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p. 184

One way around political appointment of Indian agents was the use of army officers as agents. This was directed in 1892 by the Indian appropriation act. ...

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115. Rules for Indian Courts. August 27, 1892

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pp. 185-187

Rules for the courts of Indian offenses drawn up in 1883, when the courts were instituted, were reissued with some modifications in 1892 by Commissioner of Indian Affairs Thomas J. Morgan. ...

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116. Indian School Superintendents as Indian Agents, March 3, 1893

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p. 187

As the work at the Indian agencies became increasingly educational, it was argued that the school superintendent could assume the duties of agent. Since the superintendents were classified under civil service rules, such a policy would help to eliminate politically appointed agents. Congress in 1893 authorized such assignment of superintendents. ...

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117. Commission to the Five Civilized Tribes (Dawes Commission), March 3, 1893

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pp. 187-189

The Five Civilized Tribes of the Indian Territory were excluded from the provisions of the Dawes Act and formed an important enclave of communally held lands. In order to force these Indians into conformity with the policy that called for allotment of Indian lands in severalty, Congress authorized a special commission to negotiate ...

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118. Report of the Dawes Commission, November 20, 1894

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pp. 189-193

The Dawes Commission met little support for its work among the Five Civilized Tribes. Its report of 1894 contained severe criticism of conditions in the Indian Territory and expressed the views and attitudes of those who wished to destroy the national existence of the Five Civilized Tribes. ...

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119. Extension of Civil Service Rules. September 15, 1896

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pp. 194-195

In 1896 most employees of the Indian service were placed under civil service rules, leaving only the agents and a few others outside the system. Commissioner Daniel M. Browning reported on the status of the service in his annual report for 1896. ...

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120. Curtis Act, June 28, 1898

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pp. 195-196

With the Curtis Act, Congress accomplished by legislation what the Dawes Commission has been unable to do by negotiation–effectively destroy the tribal governments in the Indian Territory. This long and detailed act provided for establishment and regulation of town sites, for management of leases of mineral rights, and for other ...

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121. Stephens v. Cherokee Nation. May 15, 1899

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p. 197

Suits brought against the determination of property rights by the Dawes Commission tested the constitutionality of the Curtis Act. The Supreme Court upheld the act in all its provisions. ...

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122. Citizenship for Indians in the Indian Territory. March 3, 1901

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p. 198

Since the Dawes Act excluded the Five Civilized Tribes and other groups in the Indian Territory, those Indians did not fall under the citizenship provisions of that law. In 1901 Congress granted citizenship to all Indians in the Indian Territory by an amendment to the Dawes Act. ...

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123. Indian Commissioner Jones on Indian Self-Support: Extract from the Annual Report of the Commissioner of Indian Affairs, October 15, 1901

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pp. 198-201

In the first two decades of the twentieth century much attention was paid to moving the Indians toward self-support. The annual report of Commissioner William A. Jones in 1901 included a clear statement of this interest. ...

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124. Lone Wolf v. Hitchcock, January 5, 1903

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pp. 201-202

The Treaty of Medicine Lodge (1867) in Article 12 provided that no part of the Kiowa-Comanche Reservation could be ceded without the approval of three-fourths of the adult males. When Congress, after allotment of the reservation in severalty, approved the sale of excess tribal lands without the three-fourths approval, action ...

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125. Indian Commissioner Leupp on Indian Policy: Extract from the Annual Report of the Commissioner of Indian Affairs, September 30, 1905

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pp. 202-205

Commissioner Francis E. Leupp, in his first annual report, outlined his views on a proper Indian policy. While stressing the concept of self-support advanced by his predecessor, he also recommended preservation of elements of Indian culture. ...

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126. Burke Act, May 8, 1906

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pp. 205-206

The Dawes Act was significantly amended in 1906. Discretion was authorized in the length of the trust period for allotments, and citizenship was to be granted at the end, rather than at the beginning, of the trust period. ...

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127. Indian Commissioner Leupp on the Burke Act: Extract from the Annual Report of the Commissioner of Indian Affairs, September 30, 1906

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pp. 206-208

Praise of the Burke Act and arguments in its favor appeared in the annual report of Commissioner Francis E. Leupp in 1906.

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128. Lacey Act, March 2, 1907

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p. 208

The Dawes Act and the Burke Act provided for the allotment of reservation lands to individual Indians, but they did not affect communally owned trust funds. In 1907, in a bill introduced to Congressman John F. Lacey of Iowa, Congress made provision for the allotment of tribal funds to certain classes of Indians. ...

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129. Indian Commissioner Leupp on Reservation Schools: Extract from the Annual Report of the Commissioner of Indian Affairs, September 30, 1907

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pp. 208-210

Nonreservation Indian schools like that at Carlisle, Pennsylvania, operated on the principle of taking the Indian child out of his reservation environment and training him for the white man’s world. The principle won the support of many reformers, but it was directly challenged by Commissioner Francis E. Leupp, who urged instead ...

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130. Winters v. United States, January 6, 1908

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pp. 210-212

Water rights of Indians are a vital issue as Indians seek economic development of their reservations, and the basic document on Indian water rights is this 1908 Supreme Court decision, which decreed that where land was reserved for an Indian tribe, there was an implied reservation of the water necessary for the irrigation ...

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131. Buy Indian Act, June 25, 1910

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p. 212

A desire to provide self-support for Indians by giving them preference in employment led to this item in a miscellaneous collection of enactments dealing with Indian property. The provision was used later in the century to stimulate Indian economic development. ...

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132. Indian Commissioner Valentine on Indian Health: Extract from the Annual Report of the Commissioner of Indian Affairs, November 1, 1910

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pp. 212-213

In the twentieth century the Indian Office became increasingly aware of the serious health conditions existing among the Indians. Commissioner Robert Valentine in his annual report of 1910 indicated some of the problems and a method of attacking ...

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133. Indian Commissioner Sells, A Declaration of Policy: Extract from the Annual Report of the Commissioner of Indian Affairs, October 15, 1917

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pp. 213-215

Commissioner Cato Sells worked to free the Indians from federal guardianship. In 1917 he issued a new statement of policy, which would speed up declarations of competence for individual Indians and force them out into the white man’s society. ...

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134. Citizenship for WorldWar I Veterans, November 6, 1919

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p. 215

Indians who served in the military or naval establishments during World War I could be granted citizenship at their request. ...

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135. Authorization of Appropriations and Expenditures for Indian Affairs (Snyder Act), November 2, 1921

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pp. 215-216

In order to expedite legislation for Indian welfare, Congress in 1921 passed an act that gave general authorization for categories of Indian expenditures. While the law itself provided no funds, it continued to be used as the basis for appropriating money, and it stated the kinds of activities authorized for the Bureau of Indian Affairs. ...

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136. Bursum Bill1922

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pp. 216-218

In 1922 Senator Holm O. Bursum of NewMexico introduced a bill to quiet title to lands within the Pueblo Indian land grants. The bill would have given strong advantage to the whites in their disputes over land title with the Pueblos. The bill was passed by the Senate on September 11, 1922, but violent opposition to it ...

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137. Indian Citizenship Act, June 2, 1924

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p. 218

In 1924 Congress granted citizenship to all Indians born within the United States who were not yet citizens. ...

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138. Pueblo Lands Board, June 7, 1924

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pp. 218-219

The vigorous opposition of reformers to the Bursum Bill of 1922 led to the creation of a special board to adjudicate the land controversies in NewMexico between the whites and the Pueblo Indians. ...

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139. Meriam Report. 1928

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pp. 219-222

In 1928 the Institute for Government Research (Brookings Institution) published The Problem of Indian Administration. This large volume was the report of a survey made at the request of Secretary of the Interior Hubert Work and was popularly known as the Meriam Report, or Meriam Survey, from Lewis Meriam, ...

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140. Johnson-O’Malley ActApril 16, 1934

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p. 222

Congress in 1934 authorized contracts with states whereby the federal government would pay for educational, medical, and other services provided Indians by the states. ...

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141. Wheeler-Howard Act (Indian Reorganization Act). June 18, 1934

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pp. 223-225

The culmination of the reform movement of the 1920s led by John Collier was the Wheeler-Howard Act of 1934. This important legislation reversed the policy of allotment and encouraged tribal organization ...

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142. Indian Commissioner Collier on the Wheeler-Howard Act: Extract from the Annual Report of the Commissioner of Indian Affairs1934

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pp. 225-229

Commissioner John Collier, the architect of the policy embodied in the Wheeler- Howard Act, described and praised the act in his annual report of 1934. ...

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143. Indian Arts and Crafts Board, August 27, 1935

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pp. 229-230

Congress in 1935 authorized a special board to promote the development of Indian arts and crafts. This was an action urged by John Collier. An Act To promote the development of Indian arts and crafts and to create a board ...

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144. Oklahoma Indian Welfare Act, June 26, 1936

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pp. 230-231

In 1936 Congress extended the principles of the Wheeler-Howard Act to the Indians living in Oklahoma. An Act To promote the general welfare of the Indians of the State of Oklahoma, ...

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145. Indian Claims Commission Act, August 13, 1946

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pp. 231-233

The difficulty encountered by Indian tribes seeking suits against the United States in the Court of Claims led eventually to the formation of the Indian Claims Commission, a special tribunal to handle Indian claims. Originally established for ten years, the commission’s life was ...

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146. Definition of “Indian Country”June 25, 1948

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p. 233

“Indian Country” became a technical term with a specific legal definition when applied to law enforcement or tribal authority over lands. See Document 235 for its application by the Supreme Court to lands in Alaska in 1998. ...

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147. House Concurrent Resolution 108. August 1, 1953

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p. 234

In the Eighty-third Congress a fundamental change was made in Indian policy. House Concurrent Resolution 108 declared it to be the policy of the United States to abolish federal supervision over the tribes as soon as possible and to subject the Indians to the same laws, privileges, and responsibilities as other citizens of the United States. As ...

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148. Public Law 280, August 15, 1953

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pp. 234-235

Tribal self-determination and tribal relations with the federal government were significantly changed by Public Law280 of the Eighty-third Congress,which extended state jurisdiction over offenses committed by or against Indians in the Indian country. ...

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149. Termination of the Menominee Indians, June 17, 1954

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pp. 235-237

The Menominee Indians of Wisconsin were one of the tribes to feel the effects of the termination policy. In 1954 Congress provided for the withdrawal of federal jurisdiction from the tribe, although the law did not take final effect until 1961. After tremendous outcry against the termination policy, the ...

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150. Transfer of Indian Health Services, August 5, 1954

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pp. 237-238

In order to provide better health facilities for the Indians, hospitals and health care were transferred from the Bureau of Indian Affairs to the Public Health Service of the Department of Health, Education, and Welfare. ...

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151. Relocation of Indians in Urban Areas: Extract from the Annual Report of the Commissioner of Indian Affairs 1954

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pp. 238-239

The progress of the relocation policy, initiated in the 1950s to move Indians from the reservations to urban areas, was described optimistically by Commissioner of Indian Affairs Glenn L. Emmons in 1954. ...

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152. Senator Watkins on Termination Policy, May1957

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pp. 239-240

The principal congressional promoter of the termination policy was Senator Arthur V. Watkins of Utah. In an article published in 1957 he gave a clear statement of the policy and of the arguments for it. ...

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153. Secretary of the Interior Seaton on Termination Policy, September 18, 1958

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pp. 240-242

The first significant break in the termination policy of the federal government came in a radio speech made by Secretary of the Interior Fred A. Seaton in Flagstaff, Arizona, September 18, 1958. Seaton rejected termination without full consent of the Indians concerned. ...

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154. Williams v. Lee, January 12, 1959

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p. 242

In this case the Supreme Court, reversing a decision of the Arizona Supreme Court, protected the authority of tribal courts. The legal historian Charles F. Wilkinson says the case “opened the modern era of federal Indian law” and that “its paradigm of exclusive tribal judicial jurisdiction is a leading example of the special ...

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155. Native American Church v. Navajo Tribal Council, November 17, 1959

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pp. 242-243

The Native American Church undertook action to enjoin enforcement of an ordinance of the Navajo tribal council which made it an offense to use peyote. The plaintiff argued that the ordinance violated the freedom of religion clause of the First Amendment. The United States Court of Appeals, Tenth Circuit ...

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156. A Program for Indian Citizens, January 1961

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pp. 243-245

The private Commission on the Rights, Liberties, and Responsibilities of the American Indian, established in 1957 by the Fund for the Republic, published a summary report in 1961. The report was one of a number of prominent statements urging new attention to Indian wishes. The first section, printed here, dealt with ...

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157. Declaration of Indian Purpose, June 1961

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pp. 245-247

A notable conference of Indians from many tribes met at the University of Chicago in June 1961. It drew up a declaration of purpose, including proposals and recommendations on economic development, health, welfare, housing, education, law, and other topics. Printed here are the initial creed and the concluding statement, as ...

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158. Task Force on Indian Affairs: Extract from the Annual Report of the Commissioner of Indian Affairs, 1961

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pp. 247-248

Secretary of the Interior Stewart Udall in February 1961 appointed a special Task Force on Indian Affairs, which submitted a report on Indian conditions on July 10, 1961. The recommendations of the Task Force were summarized by Commissioner of Indian Affairs ...

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159. President Johnson, Special Message to Congress. March 6, 1968

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pp. 249-250

A forceful statement of a new direction in Indian policy which recognized Indian self-determination was made by President Lyndon B. Johnson in a “Special Message to Congress on the Problems of the American Indian: ‘The Forgotten American,’ ” on March 6, 1968. ...

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160. Civil Rights Act of 1968, April 11, 1968

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pp. 250-253

Titles II–VII of the Civil Rights Act of 1968 dealt with Indian matters. Most significant was the application of the provisions of the Bill of Rights to Indians in their relations with the tribal governments, the authorization of a model code for courts of Indian offenses, and the requirement that Indian consent be given to assumption ...

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161. Report on Indian Education, November 3, 1969

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pp. 253-256

A Special Subcommittee on Indian Education, of the Senate Committee on Labor and Public Welfare, submitted a stinging critique of Indian education. Chaired first by Senator Robert Kennedy and after his death by Senator Edward Kennedy, the subcommittee made extensive recommendations. Printed here is the introductory ...

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162. President Nixon, Special Message on Indian Affairs, July 8, 1970

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pp. 256-258

The new direction of Indian policy which aimed at Indian self-determination was set forth by President Richard Nixon in a special message to Congress in July 1970. Nixon condemned forced termination and proposed recommendations for specific action. His introduction and conclusion are printed here. ...

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163. Return of Blue Lake Lands to Taos Pueblo. 1970

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pp. 259-260

In 1906 President Theodore Roosevelt proclaimed the Blue Lake lands of the Taos Pueblo part of what is now Carson National Forest, thus restricting the exclusive Indian use of the lands. For sixty-four years the Indians struggled to regain the lands, which were sacred to them and used for religious ceremonies. Finally Congress ...

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164. Alaska Native Claims Settlement Act, December 18, 1971

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pp. 260-263

After long negotiations with the Alaska Natives, the United States provided for settlement of native land claims in Alaska. The act provided for enrollment of natives, the organization of regional corporations of natives, conveyance of lands to the corporations, and deposit of moneys in an Alaska Native Fund. The claims ...

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165. Indian Education Act, June 23, 1972

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pp. 263-264

The severe criticism of Indian education in the 1969 report of the Senate Special Subcommittee on Indian Education elicited a substantial response from Congress. In the Education Amendments Act of 1972, a special title provided extensive support for the education of Indians and established new administrative structures in the ...

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166. Extension of Indian Preference in Employment, June 26, 1972

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pp. 264-265

The Indian Reorganization Act of 1934 authorized Indian preference in employing personnel for the Bureau of Indian Affairs without regard for civil service regulations, but that authority was generally applied only to original hiring. Commissioner of Indian Affairs Louis R. Bruce extended the practice to cover all vacancies. His action ...

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167. Menominee Restoration Act, December 22, 1973

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pp. 265-267

The deleterious effects of termination on the Menominee Indians of Wisconsin led to agitation for repeal of the termination act of June 17, 1954. This repeal was accomplished on December 22, 1973, and the Menominee tribe was restored to federal status. ...

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168. Comprehensive Employment and Training Act, December 28, 1973

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pp. 267-268

Congress in 1973 provided job training and employment opportunities for unemployed and underemployed persons. A special section of the law pertained to Indians, who had special needs. The legislation reflected the new emphasis on Indian participation in running the programs ...

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169. United States v. State of Washington, March 22, 1974

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pp. 268-269

The vital question of Indian fishing rights in the Pacific Northwest was decided in the landmark decision by Judge George Boldt of the Federal District Court for the Western District of Washington. After a long analysis of treaties, fish migratory patterns, Indian fishing customs, and state regulations, this “Boldt Decision” set forth ...

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170. Indian Financing Act, April 12, 1974

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pp. 269-270

In order to encourage Indian economic development and self-sufficiency, Congress provided special credit sources, loan guarantees, and business grants to Indian groups and individuals. The law is in line with other self-determination legislation. ...

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171. Morton v. Mancari, June 17, 1974

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pp. 270-272

The preferential hiring of Indians for BIA positions was challenged by non-Indian employees, who claimed that the Indian preference law of 1934 had been repealed by the Equal Employment Opportunity Act of 1972. The Supreme Court, overturning a district court decision, supported the preference policy and declared that the preference ...

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172. Student Rights and Due Process Procedures, October 11, 1974

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p. 272

Concern for Indian rights in education extended to the fundamental rights of students in the schools. The statement of rights set forth in these regulations was a far cry from the dictatorial and repressive control of the students that once marked the Indian boarding schools. ...

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173. Establishment of the American Indian Policy Review Commission. January 2, 1975

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pp. 273-274

The confused state of Indian affairs in the early 1970s led Senator James Abourezk of South Dakota to promote the establishment of a commission to study the historical and legal status of the Indians and to recommend new legislation. Such a commission ...

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174. Indian Self-Determination and Education Assistance Act. January 4, 1975

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pp. 275-277

One result of the drive for Indian participation in federal programs affecting Indians was this act, which provided that tribes could contract to run education and health programs themselves. The second part of the act provided more Indian control of schools educating Indian children. ...

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175. Passamaquoddy Tribe v. Morton, January 20, 1975

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pp. 277-278

A major issue in the claims of Indians in the eastern states was whether section 4 of the Indian Trade and Intercourse Act of 1790 (often mistakenly called the Nonintercourse Act), which prohibited cessions of Indian lands except under a federal treaty, applied to them. If it did, then land cessions made to eastern states after 1790 were invalid. ...

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176. Indian Crimes Act of 1976May29, 1976

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pp. 278-279

The Major Crimes Act of March 3, 1885, declared that seven major crimes committed by Indians on the reservations would fall under federal jurisdiction. This act of 1976 extended the number of crimes to fourteen. ...

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177. Indian Health Care Improvement Act, September 30, 1976

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pp. 279-281

In order to lessen or remove the gap between Indian health conditions and those of the total population, Congress provided incremental funding for health services and health facilities over a seven-year period. The law also provided funds for urban health centers and for a feasibility study for an Indian medical school. ...

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178. Final Report of the American Indian Policy Review CommissionMay17, 1977

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pp. 281-284

The American Indian Policy Review Commission in 1976 and 1977 published the reports of its task forces and a final summary report of the whole commission. The report adopted controversial views favoring Indian sovereignty and an expanded federal trust responsibility, which in turn elicited a vigorous dissenting opinion ...

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179. Establishment of Assistant Secretary—Indian Affairs, September 26, 1977

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pp. 284-285

Because the commissioner of Indian affairs did not report directly to the secretary of the interior, there was agitation to raise the administration of Indian affairs to the level of an assistant secretary. President Nixon urged specific legislation, but the move was finally accomplished under President Carter by a department order. ...

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180. Oliphant v. Suquamish IndianTribe, March 6, 1978

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pp. 285-286

Mark Oliphant, a non-Indian residing on the Port Madison Reservation in the State of Washington, was arrested by tribal police and charged with assaulting a tribal officer and resisting arrest. He claimed that he was not subject to tribal authority, and the Supreme Court upheld his claim. The case was considered by Indians as a ...

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181. United States v. Wheeler, March 22, 1978

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pp. 286-287

The inherent sovereignty of an Indian tribe was affirmed by the Supreme Court in a case involving double jeopardy. A Navajo Indian prosecuted in a federal court had previously been convicted in a tribal court of a lesser included offense arising out of the same incident. The court found no double jeopardy because the tribal court and ...

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182. Santa Clara Pueblo v. MartinezMay15, 1978

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pp. 287-289

When Santa Clara Pueblo denied tribal membership to a child of a female member who married outside the tribe, the tribe was charged with violation of the Indian Civil Rights Act of 1968. The court held that Congress did not provide remedies other than habeas corpus for enforcement of the Indian Civil Rights Act and that ...

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183. American Indian Religious Freedom, August 11, 1978

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p. 289

The broad statement of policy about Indian religious freedom, in the form of a joint resolution, was a significant congressional action in support of Indian cultural autonomy. It placed the responsibility for implementing it on federal departments and agencies. ...

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184. Federal Acknowledgment of Indian Tribes. October 2, 1978

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pp. 290-291

The movement for self-determination of Indians was reflected in agitation by nonrecognized groups for acknowledgment of their tribal status by the federal government. In order to provide guidelines for such recognition, the Bureau of Indian Affairs issued “procedures for establishing that an American Indian group exists as ...

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185. Tribally Controlled Community College Assistance Act, October 17, 1978

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pp. 291-292

The success of the Navajo Community College (established 1968) led Congress to provide funds for other similar institutions, colleges clearly attuned to Indian needs. Title II of this act deals with the Navajo college, which is excluded from the general provisions of the law. ...

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186. Education Amendments Act of 1978 (P.L. 95–561)Title XI—Indian Education, November 1, 1978

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pp. 292-294

To provide set standards for Indian schools, Congress directed the secretary of the interior to draw up such standards for basic education of Indian children, for dormitories, and for construction of school facilities. The same act reorganized the administration of Indian education and withdrew personnel in Indian schools from ...

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187. Indian Child Welfare Act, November 8, 1978

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pp. 294-295

The increasing placement of Indian children in white foster or adoptive homes led to a strong reaction about such breaking up of Indian families. The result was this law, which directed the placement of children in Indian surroundings and authorized ...

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188. Archaeological Resources Protection Act, October 31, 1979

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pp. 295-296

Indian religious and cultural rights were recognized by this law, which required consent of Indian tribes for the issuing of permits to do archaeological exploration on Indian lands. ...

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189. United States v. Sioux Nation of Indians, June 30, 1980

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pp. 296-297

In the Treaty of Fort Laramie (1868) the United States guaranteed a large reservation to the Sioux and declared that no further cessions would be valid without the consent of three-fourths of the adult males. But in 1877 the land of the Black Hills was confiscated by the United States. For many years the Sioux sought court ...

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190. Maine Indian Claims Settlement Act, October 10, 1980

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pp. 297-299

Indian tribes in Maine laid claim to a large part of the state on the grounds that land cessions made after 1790 were invalid. In order to prevent long litigation over land titles, which would have caused economic turmoil in Maine, a settlement was reached in 1980. Congress recognized the federal status of the tribes and provided ...

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191. Statement on Indian Health Programs, March 2, 1981

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pp. 299-301

Indian health continued to be a vital concern of the federal government. The advances made by special legislation and by ongoing programs were described by Dr. Emery A. Johnson, director of the Indian Health Service, in appropriation hearings. ...

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192. Indian Land Consolidation Act, January 12, 1983

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p. 301

The problem of heirship lands, in which subdivision resulted in plots too small to use efficiently, was attacked by this law, which provided for a start toward consolidation of fractionalized land. ...

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193. Presidential Commission on Indian Reservation Economies, Executive Order 12401. January 14, 1983

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p. 302

Closely related to President Reagan’s statement on Indian policy of January 24, 1983, was the creation of a special commission to study economic development on Indian reservations and to indicate the obstacles that hindered that development. ...

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194. Indian Policy: Statement of Ronald Reagan, January 24, 1983

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pp. 302-304

President Reagan’s statement on Indian policy reflected his fundamental principles of reducing reliance on federal programs while placing greater responsibility on local units and the private sector. Cuts in federal aid during his administration, however, severely affected Indian communities ...

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195. Federal Acknowledgement of Narragansett Indian Tribe of Rhode Island, February 2, 1983

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pp. 304-305

A large number of Indian communities not officially recognized as tribes by the federal government have petitioned for recognition. The Bureau of Indian Affairs Acknowledgement Branch investigates each case; those that meet the criteria set forth in the directives issued on October 2, 1978, are recognized. One successful tribe was ...

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196. Water Rights of the Ak-Chin Indians. October 19, 1984

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p. 306

President Ronald Reagan strongly supported a policy of negotiation of Indian claims rather than expensive litigation. He expressed his views when he signed the “Act relating to the water rights of the Ak-Chin Indian Community” ( U.S. Statutes at Large, 98:2698–2703). ...

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197. Report and Recommendations of the Presidential Commission on Indian Reservation Economies, November 30, 1984

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pp. 306-308

The Commission’s report, in two parts, presented recommendations and findings of obstacles, with explanatory discussion. In the letter of transmittal to the president, the Commission noted the principles it had followed: “the importance of preserving the government-to-government relationship which is the cornerstone of your Federal- ...

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198. Bureau of Indian Affairs Statement of Policy1984

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pp. 308-309

From time to time the Bureau of Indian Affairs has issued booklets on the work and policies of the Bureau. One such publication was BIA Profile: The Bureau of Indian Affairs and American Indians, issued in 1981. Another, prepared by the Public Affairs staff and published in 1984, was called simply American Indians. ...

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199. Report of the Task Force on Indian Economic Development, July 1986

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pp. 309-312

Economic development is a major concern on Indian reservations, and over the years repeated studies have been made of the issue. A special task force, made up of staff members of the Office of the Assistant Secretary for Policy, Budget and Administration (Interior Department) or of the Bureau of Indian Affairs and ...

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200. Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986, October 27, 1986

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pp. 312-313

One of the most serious problems facing Indian people in the late twentieth century has been alcohol and substance abuse. As part of the lengthy (193 pages) Anti-Drug Abuse Act of 1986, this subtitle concerns Indians and Alaska Natives. ...

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201. California v. Cabazon Band of Mission Indians. February 25,1987

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p. 314

In this early case relating to tribal bingo operations the United States Supreme Court decided that federal and tribal interests preempt state law in regulating or prohibiting bingo games run by Indian tribes. Three justices dissented ...

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202. Amendments to the Alaska Native Claims Settlement Act, February 3, 1988

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pp. 314-315

The Alaska Native Claims Settlement Act of 1971 was hailed at the time of its passage as a revolutionary solution to native land claims in Alaska. As the years passed, however, dissatisfactions were voiced, and there was fear that the end of restrictions on alienating land to non-Natives in 1991 would mean loss of the land. ...

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203. Report on BIA Education, March 1988

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pp. 315-318

Provisions of educational facilities for Indians continued to be a major activity of the Bureau of Indian Affairs, even though students enrolled in BIA-funded schools in 1986 were less than 10 percent of all Indian students in the United States. This “final review draft” of the report produced by the BIA’s Office of Indian Education ...

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204. Lyng v. Northwest Indian Cemetery Protective Association, April 19, 1988

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pp. 318-320

The American Indian Religious Freedom Act of 1978 set the policy of Congress but left the implementation of the act to the various agencies of the government. From time to time, Indians have complained that their religious rights still were not properly respected. The majority decision in this case, written by Justice O’Connor, seemed to ...

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205. Tribally Controlled Schools Act of 1988April 28, 1988

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pp. 320-322

The Indian Self-Determination and Education Assistance Act of 1975 enabled tribes to contract with the federal government to run the schools provided for Indian children. This principle was enlarged in 1988 by the provision of outright grants to tribes for their schools. ...

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206. Tribal Self-Governance Demonstration Project, October 5,1988

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p. 322

Moving beyond specific contracts between the tribes and the secretary of the interior, Congress authorized a five-year research and demonstration project, whereby a limited number of tribes could plan and administer programs and services, including redesign of programs and reallocation of funds. With the success of the project, ...

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207. Indian Gaming Regulatory Act, October 17, 1988

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pp. 322-324

Many Indian tribes have found that sizable incomes can be obtained from bingo, for such gaming on Indian reservations is not subject to state regulations. But as the size of the operations increased and as fears developed that organized crime might be attracted, more detailed federal regulations were called for. Congress responded with ...

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208. Puyallup Tribe of Indians Settlement Act, June 21, 1989

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pp. 324-325

The United States continued to seek settlements for Indian land claims, and it provided funds to help in implementing such settlements. One example was the legislation concerning a settlement agreement between the Puyallup Tribe, the state of Washington, local governments, and private property owners. ...

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209. National Museum of the American Indian Act, November 28, 1989

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pp. 325-327

A major event in the preservation and promotion of Indian art and culture was the decision to build an Indian museum on the Mall in Washington as part of the Smithsonian Institution. A related component of the legislation was a provision to return to tribes the human remains and funerary objects of Indians held by the ...

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210. Employment Division, Department of Human Resources of Oregon v. Smith, April 17, 1990

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pp. 327-328

Alfred Smith and a coworker were fired by a private drug rehabilitation organization for using peyote at a ceremony of the Native American Church. Their application for unemployment compensation was denied under a state law disqualifying employees discharged for work-related “misconduct.” The United States Supreme Court, ...

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211. Duro v. Reina, May29, 1990

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pp. 328-329

Having held, in Oliphant v. Suquamish Indian Tribe (1978), that tribal courts do not have criminal jurisdiction over non-Indians, the United States Supreme Court here further limited tribal jurisdiction by deciding that it does not apply either to Indians who are nonmembers of the tribe. Two justices dissented. ...

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212. Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives (Alaska Natives Commission) August 18, 1990

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pp. 329-330

The economic and social conditions of Alaska Natives were not materially improved by the Alaska Native Claims Settlement Act of 1971, and scathing reports of those conditions appeared. One important one was The Report of the Alaska Federation of Natives on the Status of Alaska Natives:A Call for Action (1989). In response, ...

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213. National Indian Forest Resources Management Act, November 28, 1990

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pp. 330-332

Indian forests are a chief economic resource for many tribes. This act established a management system in order to develop and enhance the forests. The provisions appear in Title III of a catchall piece of legislation. ...

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214. Native American Graves Protection and Repatriation Act, November 16, 1990

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pp. 332-334

A very sensitive issue is the possession of Indian human remains and related funerary objects by museums or other agencies. This legislation provided for the identification of such remains and objects and their repatriation to appropriate individuals or tribes. The law applied to federal agencies and to state or local agencies that received federal ...

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215. Indian Arts and Crafts Act of 1990, November 29, 1990

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pp. 334-335

A surge of interest in Indian art in the 1970s and 1980s called for greater protection from foreign imports, and a solution was needed for the domestic problem of sale of Indian products and misrepresentation as Indian artists by persons who falsely claimed to be members of an Indian tribe. This act was a response to that challenge. Regulations ...

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216. Statement of George Bush on Indian Policy, June 14, 1991

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pp. 335-336

President George Bush followed the Indian policy of the preceding administration, of which he had been a part. He reaffirmed the government-to-government relationship between the federal government and the Indian tribal governments and noted action taken to foster tribal self-government and self-determination ...

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217. Advisory Council on California Indian Policy, October 14, 1992

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pp. 336-337

This legislation reflected the fact that the Indians of California faced special problems in federal acknowledgment and in social and economic conditions. President Bush signed the bill, however, “on the understanding that the Council will serve only in an advisory capacity.” ...

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218. Indian Health Amendments of 1992, October 29, 1992

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pp. 337-339

This legislation updating the Indian Health Care Improvement Act of September 30, 1976, is long and comprehensive. The 1976 laww as 15 pages in length; this law runs to 67 pages and cannot be summarized easily. Printed here are only some examples from the health objectives with which the act begins, the titles within the ...

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219. Designation of Alaska Tribal Entities, October 21, 1993

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pp. 339-340

Lists of federally recognized tribal entities in Alaska published by the Bureau of Indian Affairs between 1982 and 1988 were ambiguous and confusing in regard to the tribal status of some entities in the state. To clarify the status of villages and other entities in Alaska, Ada Deer, assistant secretary of the interior for Indian affairs, ...

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220. Catawba Indian Tribe of South Carolina Land Claims Settlement Act, October 27, 1993

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pp. 340-342

The Catawba Indians, after long agitation of their claims, agreed to a Settlement Act with non-Indian parties, which was accepted by the federal government. The Indians, who had been considered a state tribe, were restored to status as a federally recognized tribe. ...

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221. Indian Tribal Justice Act, December 3, 1993

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pp. 342-343

One of the fundamental aspects of tribal self-governance is the creation and operation of effective tribal courts. In 1993 Congress provided extensive help to the tribes to improve their court systems, by technical services from the Bureau of Indian Affairs and by substantial appropriations. ...

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222. Remarks of President Clinton to Native American and Alaska Native Tribal Leaders, April 29, 1994

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pp. 343-345

The president invited leaders of the 547 federally recognized tribes to a meeting at the White House to discuss their needs and wishes. To the 322 persons who appeared, Clinton spoke about his views on Indian policy and his desire to support the tribes in their autonomy and governmental status and about measures his administration ...

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223. Government-to-Government Relations with Native American Tribal Governments. April 29, 1994

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p. 346

President Clinton in this memorandum forcefully restated his policy of treating with Indian tribes as governments. It was signed at the White House in the presence of tribal leaders.

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224. Distribution of Eagle Feathers for Indian Religious Purposes, April 29, 1994

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p. 347

President Clinton signed this memorandum in the presence of tribal leaders at the White House. It was a clear indication of the president’s policy to recognize and protect Indian religious practices. ...

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225. Final Report of the Alaska Natives Commission, May1994

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pp. 347-349

The Alaska Natives Commission, according to its mandate, published a report of its findings and recommendations. The report is a three-volume work, full of data on social and economic conditions, historical accounts about what has happened to Alaska Natives, and detailed recommendations of what the federal government, the ...

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226. American Indian Religious Freedom Act of 1994October 6, 1994

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pp. 349-350

The Supreme Court decision in Employment Division v. Smith elicited this congressional legislation to protect Indian use of peyote for religious purposes. Some restrictions were included in the sections of the law not printed here. ...

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227. Recognition of the Pascua Yaqui Indians as a Historic Tribe, October 14, 1994

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pp. 350-351

The Pascua Yaqui Indians of Arizona were granted certain federal benefits and services by a law of 1978. Then the Bureau of Indian Affairs in 1987 classified the tribe as a “created” tribe and declared that it did not have the same attributes of sovereignty as a “historic” tribe. The action of the BIA was roundly condemned by ...

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228. American Indian Trust Management Reform Act, October 25, 1994

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pp. 351-353

Indian tribes and individuals deposited funds from a variety of sources in the United States Treasury, and the secretary of the interior, as part of the federal government’s trust responsibility, was charged with management of the funds. The system was badly handled, and Congress, in this legislation, provided measures for reform. The ...

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229. Tribal Self-Governance Act of 1994, October 25, 1994

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pp. 353 -356

The success of the Tribal Self-Governance Demonstration Project led to this permanent legislation providing for tribal self-governance. The avowed purpose of Congress was to implement the federal policy of government-to-government relations with Indian tribes and to strengthen Indian self-determination. But the act was ...

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230. Federally Recognized Indian Tribe List Act of 1994, November 2, 1994

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pp. 356-357

Because of criticism of the action of the Bureau of Indian Affairs in acknowledging Indian tribes and in dropping tribes from the list of recognized entities, Congress strongly reasserted its authority over Indian affairs. ...

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231. Indian Sacred Sites Executive Order 13007, May24, 1996

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pp. 357-358

To help protect sites held sacred by Indians, President Clinton issued this executive order in regard to federal lands. This was part of an ongoing policy to protect Indian religious practices. ...

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232. Native American Housing Assistance and Self-Determination Act, October 26, 1996

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pp. 358-359

Along with Indian education and Indian health care, adequate housing for Indians was a major concern of the federal government. This act, in great detail, set up a program for housing assistance to Indian tribes ...

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233. The Future of the Indian Health Service A Message from the Director, December 1996

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pp. 359-361

The director of the Indian Health Service, Dr. Michael H. Trujillo, a member of Laguna Pueblo, issued this statement of his views about the status of Indian health and his visions for the future. He points to health challenges facing the Indian communities but also notes the encouraging progress that has been made. ...

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234. Bureau of Indian Affairs Strategic Plan, September 30, 1997

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pp. 361-363

In response to the Government Performance and Results Act of 1993, the Bureau of Indian Affairs, like other federal departments and agencies, drew up a Strategic Plan for the years 1997–2003. The plan, among other things, provided a mission statement and a list of general and specific goals, which give an indication of what ...

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235. Alaska v. Native Village of Venetie Tribal Government, February 25, 1998

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pp. 363-365

The question of tribal authority over tribal lands in Alaska was much disputed because of the uncertainty about whether those lands were “Indian country” after the enactment of the Alaska Native Claims Settlement Act of 1971. The question was settled by the unanimous decision of the United States Supreme Court in this ...

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236. American Indian and Alaska Native Education Executive Order 13096, August 6, 1998

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pp. 365-367

This executive order issued by President Clinton was a strong policy statement about Indian education, which was produced in collaboration with Indian organizations. It set forth goals, established a Task Force to oversee the implementation of the order, provided for research, and issued directives for school pilot sites. But it was no ...

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237. Minnesota v. Mille Lacs Band of Chippewa Indians, March 24, 1999

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pp. 367-368

The question of whether Indians retained hunting, fishing, and gathering rights on land ceded to the United States by treaty continued to be active late in the twentieth century. The United States Supreme Court in this decision upheld these rights for the Mille Lacs Band of Chippewas. The chief justice and three other justices vigorously ...

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238. Federally Recognized Indian Tribes, March 3, 2000

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pp. 368-377

Of key importance to Indian tribes in terms of their sovereignty and self-determination as well as their eligibility for federal benefits and services is recognition or acknowledgment by the federal government. Many tribes have long been recognized because of treaties with the United States or because they had organized government ...

Selected Bibliography

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pp. 379-381

Index

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pp. 383-396