Native Americans Flashcards
How many NA tribes were in USA at start of 1800s?
86 independent tribes identified across USA
-> generalising = difficult and dangerous
largest conc = on Great Plains (Plains Indians)
- nomadic
- followed buffalo herds on which they depended for everything
Relationship between NA and gov
periods of cooperation w/ gov and time when hostile
some fought against gov and eachother
only towards end of period where there any sign of unity bet tribes and even then some oppsoed leadership methods
aims of NA and gov = v different (NA wanted to live according to own customs, tribal culture and laws with tribal leaders and self-determination but gov wanted to assimilate NA into society to destroy tribal culture and make NA self-supporting)
NA resited gov policy of assimilation in various forms and gov failed to understand stength of spiritual and cultural legacy of NA (not easily destoryed)
NA orignially left alone to live in complete contrast with WA (nature, nomadic, own tribal gov, own languages, own cultures)
-> by 1865 under threat
What was westward expansion?
threatening NA rights by 1865
American gov had encouraged settlers to move west to open up rest of continent for growing population and because of belief in Manifest Destiny
-> NA consequently being driven out of traditional lands
1830 Removal Act
saw tribes moved from Alabama, Florida, Georgia, Mississippi, Tennessee and Virginia on to Great Plains in Oklahoma (designated as Indian Terriotry)
-> process continued in 1840s as trails on tracks originally used fby fur trappers or mineral prospectors earlier in century provided routes to West and encouraged settlers to move to fertile lands of Oregon and Cali
-> given further encouragement by discovery of gold and other minerals in region
settlers dispured and displaced tribes already in areas (many NA = fishers and if they stayed, they were deprived of their fishing rights but if mmved in land to plains they couldn’t continue to trad practice and died out
Where did Westwod expansion take settlers?
beyond Appalachian Mountains which had acted as a natural frontier between settlers and NA - on to GP where many NA lived
Chief Washakie of Shoshone Indian tribe explained damage this caused “the white man kills our game [buffalo]” “make superior tool and terrible weapons [guns]”
no of tribes began to hand land over to the gov
Tribes who handed land over
1851 - Fort Laramie Treaty - Arapaho, Cheyenne, Sioux
1861 - Fort Wise Treaty - Arapaho, Cheyenne
1867 - Medicine Lodge Treaty - Comanche, Kiowa, Plains Apache
1868 - Fort Laramine Treaty - Arapaho, Lakota, Sioux
impact of westwood expansion on NA
losing land and impacting on lifestyle - no longer able to follow buffalo herd
gov made promises to esnure NA were fed, often not kept
-> gov had greater issues during CW
- many hungry NA rose up against gov -> Plains Wars 1862-1868
during CW gov withdrew troops that had been on Plains - NA had traded w/ forts where soldiers stationed but volunteers that replaced them often poorly disiplined w/ little interest in NA
-> violence between 2 groups - Sand Creek Massacre 1864
Massacre at Wounded Knee 1890 - cavalry killed over 100 NA men, women and children (elderly and babies). Black Elk (survivors)
- gov = determined to control land in West and created federal territories, which were governed by officials
- gov aim was to populate region w/ small scale farmers
- Homestead Act 1862 encouraged even more movement to west
- some 20,000 people on Plains by 1865
The railways
final impact of Westward expansin and threat to NA - development of railways
liens crossed Plains and rail companies encouraged people to come and live on land they had been given by gov
railines disrupted buffalo herds and brought WA to hunt them
-> added to dramatic fall in buffalo no (impact NA life)
position of NA already in decline by start of period
- signed no of treaties and handed over much of land to white settlers
- railways and loss of land - harder to follow buffalo (food and way of life)
- lack of aid from gov
- much of NA pop declined through starvation and those who survived faced poverty.
NA culture and way of life impacted heavily
Position of NA before WW1
Federal gov aim = assimilate NA
1877 report by agent of yankton Sioux in Dakota
“as long as Indians live in villages they will retain many of their old and injurious habits”
policies to achieve this aim may have changed over the period but the aim of assimilation remained consistent
gov would have to destroy tribal lifestyle and bonds of the Native peoples
How did the government destory NA way of life?
- education
- conversion to christianity
- turning NA into farmers
- establishment of gov reservations
Reservation policy
prevented them from moving freely and pursuing what was left of buffalo herds
-> allowed gov to destory way of life as
- polygamy had to abandoned
- braves could no longer demonstrate their skills
- herbal remedies were forbidden
- tribal laws were abolished
- communal living was ended
- the power of the tribal chief was ended
What happended to the NA?
forced to become farmers who inhabited a specified area of land
parents forced to send their children to school where they were forbidden from speaking their own language and were made to completly renounce their traditional beliefs
two off-reservation boarding schools were set up becuase the equality of education provided on the reservations was poor
-> schools in Virginia and Pennsylvania -> provided boys w/ vocational training and girls w/ skills for domestic service
-> education provided some NA w/ opp to find better jobs (Indian Agency Officials and interpreters, scouts to army units)
rights of NA to determine what happened to their land was agreed at first
- after 1871 they lost this rights and congress was given the power to decide on setting up reservations, relocating tribes and redrawing any reservation boundaries
- this approach continued and the size of reservations was further reduced after defeat of General George Armstrong Custer at Battle of Little Bighorn 1876
The way of life on reservations
life = far from easy
NA = unable to cultivate much of land (unsuitable for farming)
-> depended on food supplies from gov (often failed to appear) - many starved
humiliating for them to be dependent on gov aid but position became worse in 1880s when drought hit crops and disease killed many of the cattle they now kept
- General Crook (LB campaign) “found them in a desperate condition”
many died from highly infectious diseases (measles) while others died bc moved from native lands and could not adjust
whiskey = new (NA never accustomed to it) - alcohol addiction became widespread due to psychological trauma
by 1900 only 100,000 of the 240,000 NA inhabiting plains in 1860 remained
- NA lost freedom
- not taxpayers
Life on reservations (positive)
exceptions to negative trend
Navajo Tribe who adapted to new farming practices and built large flocks of sheep and goats
increased farming
size of reservations
growth in no (8000 in 1868 -> 22,000 in 1900)
The Dawes Severalty Act 1887
gave cr but discriminated
reservations allowed tribal life to continue - culture and customs
1887 Dawes Severalty Act introduced to counteract this
Act turned NA into landowners and gave them full rights of citizenship because they now payed tax
further undermined their position - ignored belief land belonged to all creators and could not be owned by individuals
resulted in a decline in land held by NA - much of it brought by WA when NA unable to farm it
-> recieved money from sale but unable to manage it and slipped further into poverty and debt
Act worsened position and status of many NA women
-> particually true of matriarchal tribes like Iroquois and Cherokee (property belonged to women but under Act given to men)
Curtis Act
5 Civilised Tribes had originally been exempt from DA but in 1898, Curtis Act ended exception
-> tribes attempted to prevent this by proposing that their lands became the State of Sequoyah
- due to failure, NA lost a further 2 million acres of land
Cherokees challenged congress’ right to deny them their rights to live according to laws in Cherokee Nation v Hitchcock Case of 1902
1903 Lone Wolf v Hitchcok case gave gov right to remove all treaties made with NA ‘ignorant and dependent race’ - not citizens, no rights
=> lost pride and self-respect
WW1 -> end of WW2
witnessed no of changes
granting of citizenship and improvement of QOL in ND era of 1930s
many improvements only improvements in eyes of federal gov and not NA
NA not particually interested in gaining citizenship and right to vote (many already had through DA and extension of right to those on reservations not intended to increase pol involvement but to increase speed of assimilation)
attacks on culture continued w/ Dance Order (banned from practicing some of their traditional dances)
continued reduction in amount of land avalible to NA - added to poverty
ND - improvement in NA position (although many adbandoned after WW2)
Indian Reorganization Act (Wheeler-Howard Act)
1934
first move to preserve NA culture and involve them in admin of reservations. Gave NA:
- right to practice religion
- right to undertake ceremonial dances and celebrations (reversing order of 1883)
- ability to prevent sale of NA land to indiv buyers
- extension of pol rights to women
improved conditions on reservations as agencies of ND built schools
encouraged women to take on greater roles and higher education
brought an end to alltoment policy but did not end policy of assimilation - to be achieved through reforms and belief NA would recognise benefits of American way of life
did not lead to tribes becoming indepednent or self-sufficient
lands that should have been returned were not
-> lots of funding transferred to war efforts
=> limited progress
The post-WW2 period
divided into 2 parts
1) 1945-69 : gov policy of termination from 1953 onwards (cond worsened)
2) 1969-92 : NA regained many of their rights
1945 - 69 (negative)
position of NA deteriorated in period after WW2. Two major elements to this decline:
1) policy of termination - ended recognition of NA tribes and any remaining treaty rights and instead treated them as independent and self-supporting
2) movement of many NA to urban areas
movement to urban areas = traumatic as they were forced to leave the reservations and relocate (even for those who went voluntarily the experience was bad)
-> worse accomodation and poorly paid
-> literacy rates remained low and disease high
-> 1960 estimate that 25% were ‘poor’ and accom unable to support any extended family (elederly people return to reservations but cond had declined further)
-> difficulty in finding jobs reflected in unemployment rate of up to 18%
-> life expectancy = 44 yrs (20 yrs below national av)
-> many did not settle in urban areas (lifestyle =alien) but when they returned they found worse conditions on res as funding of projects from ND was cut
1945 - 69 (positive)
cities grouped together in ghettos and unntentionally perserved culture
-> also saw how AA developed rights through cr movement and were inspired to end assimilation - developed own groups
1969 - 92 (positive)
determination to preserve way of life and culture finally triumphed
NA lands gradually returned to them in some nations that had lost their status regained recognition and rights while educational opp were also improved
process = slow but some tribes did regain some land
gain respect for religious traditions and right to worship freely (some 30 states passed laws protecting burial grounds)
moved nearer to self-sufficiency as tribes were able to negotiate responsibility for health, education and other social services
process of self-determination further encouraged by recognition
-> restored self-confidence reflected in census data (rise in no from 800,000 in 1970 to 1.8 million in 1990)
ended assimilation and sig move towards self-sufficiency
1969 - 1992 (negative)
not all aims achieved
-> in some cases compensation was awarded rather than the return of land (comp often considerable but some tribes such as Sioux wanted return of land instead)
education and employment levels still v low and well below national average in 1992 (poorest element of nation)
position hit by cuts in funding due to economic decline and this hit areas like healthcare
Federal governent attitudes and actions
for most of period did not support rights of NA
Manifest destiny
Legislation encouraged settlement
1862 = Homestead Act (apply to own gov land)
Pacific Railway Act (take materials to build lines)
land grants cut across Plains
gov granted 155 million acres from 1850-71 -> deprived NA of their land
The outllok of presidents and congress
1865-1930: continuity in attitudes towards NAs
Initially allowed NAs right to determine what happedned to their lands BUT this ended in 1871 -> from then until 1930s gov destroyed their rights
consistent assimilation policy - Americansing NAs as tribal life = at odds
3 policies the gov persued
Reservation Policy 1871-87
Allotment Policy 1887-1934
Termination Policy 1953-1969
Reservation Policy 1871-1887
aim = end nomadic life and seperate them from buffalo -> allow gov to control them
easier to educate them and remove all elements of tribal customs
gov defined those living on reservations as wards/dependents of the state so did not allow then CR
at first, reservations were part of treaties but after 1981 NAs lost that right and gov pursued more aggressive assimilation policy -> unwilling to negotiate
Allotment Policy 1887-1934 (negative)
Custer’s defeat made some politicians realise that the reservation policy was the cause of unrest -> recognition that it failed to assimilate
1887 Dawes Act - introduced allotment policy by dividing reservation land into homesteads/allotments -> did nothing to help CR as it continued to ignore tribal nature
NA did not want citizenship - ogv did not either understand wishes of NAs or did not understand them
if NAs wanted rights that land ownership gave them, they were still discriminated agaisnt
Allotment policy (positive)
act improved rights of NA and represented a change
given land and could own it after 25 years - full citizenship and rights
Harold Evans on the allotment policy
1998
“oppression of democracy, poverty instead of prosperity, despair instead of hope, contraction instead of expansion, confinement instead of freedom”
Termination policy 1953-69
change in attitude during ND was shortlived
policy introduced as gov realsied previous policies failed to bring assimilation
timing of implementation can be explained by economic factors:
NAs land = wanted by mining/forestry companies
ended recog of NA tribes and put forward proposals to end res system
encouraged to relocate by offering accom and help in finding work
loss of lands and disintegration of what remained of tribal life
-> termination of NA way of life
BUT it did give some NAs same rights as other American citizens in order to end the res system that had survied
-> not what they wanted?
Government and the economy
gov lack of support can be seen at times of economic decline and when gov faced competing claims for revenue
even before 1865, gov failed to provide aid to NAs -> CW stretched funds
-> made worse as many officals responsible for ensuring aid reached reservations were corrupt (sim to situation in lates 1880s when meat subsidies to Sioux were stopped becuase gov had other financial demands during time of eco decline)
WW2 reversed ND gains as funding was alloated to war effort - made worse when Japanese Americans were forcibly removed moved from reservations
lack of available funds and attitude of Reagan limited gains made by Nixon and Ford -> programmes they introduced depended on federak funding but the eco decline reduced this -> reiforced by Reagan’s belief in native capitalism (developing profitable business among NAs so federal and state funding could be reduced)
Roosevelt era of the New Deal
changes brought about by ND challenge the assumption that poor eco conditions were a sig factor in gov unwillingness to support
-> suggests that attitudes of president and other individuals were more important factor
Depression = worst time for US economy but it was the first time that NA CR were advanced
-> partly due to John Collier who the pres appointed as Commissioner for Indian Affairs
1934 Indian Reorganization Act helped preserve culture and gave NAs rights to manage land and mineral assests and attempted to establish a more secure eco basis for reservations
orignial proposals modified to pursue assimilation rather than separation
overall gov policy did not change but brought end to allotment policy
The presidencies of Nixon and Ford
realisation that NA conditions and opportunities = worst in country
Johnson laid foundations for development: March 1969 spoke to Congress about ‘The Forgotten Americans’ and set out programme to promote self-help and respect
Nixon positives
Built on ideas expressed by Johnson
Message to Congress, july 1970: “American Indians have been opprissed and brutalised, deprived of their ancestral lands and denied the opp to control their own destiny”
attacked federal programmes designed to help AAs which had been dominated by white officals
attacked policy of termination as it failed to improve their lives
progress in regaining lands = slow due to no of vested interest groups that opposed it
Programme of reform introduced by Nixon
1972 Indian Education Act -> increased amount of money available for NA schools, even on res -> continued by future presidents
some NA nations which had lost their status regained recognition and rights which allowed them to access court to seek redress for thier lost rights
pledge to restore lost lands put into practice (returned to Makah, Taos Pueblo)
Native American (Louis R Bruce Jr appointed Commissioner for Indian Affairs and Policy of affirmatove action persued in appointments in the Bureau of Indian Affairs
Ford
two important pieces of legislation passed:
Indian Self-Determination Act 1975: tribes could take responsibility for their own education, health and social service provision. Federal funding privded -> move towards self-sufficency
Indian Education Assistance Act 1975 -> NAs have greater involvement in their children’s educational process
Carter
Native American Religious Freedom Act of 1978 -> gave NAs right to follow trad religion and use sacred objects and rituals
Indian Child Welfare Act 1978 -> regulate forced removal of NA children from their families (social wkers throughout 20th century had often viewed NA apractices as neglect and had been taking children away)
NA position by 1992
some decline in pos of NAs as the eco situation declined at end of period, by 1992 policy of assimilation had been abandoned and replaced by self-determination supported by gov funding
changes in 1970-8 suggest it was the time of greatest support from US presidents = crucial to devlopment of rights -
one historian - Nixon had ‘probably done more for them in a short space of time than any other president’
The role of the SC and State SC
role changed considerably during the period
end of 19th century - had given some rights but this changed in early 20th, particually with Lone Wolf v Hitchcock cake
towards end of period, much more active in upholding policies of the gov that supported NAs and played crucial role in returning lands
Court action during Westward expansion
19th cent: gov often broke treaties to satisfy desires of settlers and railway companies
1902 - Cherokees challenged Congress right to deny them their rights to live according to own laws -> court upheld congress
1903 - Lone Wolf challenged gov right to ignore their treaty and handover millions of acres of land -> court upheld congress’ right to revoke all treaties therefore allowing gov to take away more land
court held that tribal consent to alter treaties would hurt NAs and they should assume that Congress would act to preserve their needs -> 90% of land allocated to them was lost
1913: SC caused Pueblo Indians to lose a lot of land by 1921 as they were seen as incapable of managing
State SC in West: NAs challneged as they refused to extend franchise gauranted by 1924 act (right to vote) -states secured upholding of their decisions and imposed voting qualification to exclude them
Victories in the courts
later part of the period saw change in attitude in federal and state SC -> reflected gradual change in attitude taking place in US society (but did continue to be slow)
First major victory in the court
state level 1948
two NAs Frank Harrison and Harry Austin brought a case concerning voting rights before the Arizona SC
they belonged to Mohawk-Apache tribe and lived on reservation in Arizona . County recorder (Laveen) refused to allow them to register to vote
decision successfully challenged as a result of the National Congress of American Indians and the American Civil LIberties Union
(depsite this, other states continued to restrict voting rights of NAs)
period from 1960s in the courts
greatest change in attitudes of SC towards NA
-> faced with more and more challenges from NA activists, usually through Red Power movement
cases usually involved claims for land restoration or fishing rights taken away due to dams/hydroelectric power plants
during Nixons’s presidency, the progress and decisions made in office were upheld by SC in 1974
Native American Rights Fund (NARF)
put pressure on SC to protect NA culture
issues raised:
- reinstating tribes that had been terminated
- restoring tribal sovereignity
- restoring lost tribal land
- restoring hunting and fishing rights
- having the right to vote
- having the right to worship freely
- performing proper burial of ancestral remains
combination of pressure from NARF and willingness of SC to uphold these rights that resulted in considerable progress for NAs
Supreme Court decisions in favour of NA
1974 Oneida v Oneida and Madison Counties, NY
- sued for return of lands
- court decided in favour of tribe increasing no of actions taken by tribes to regain land
1976 Fisher v Montana
- NA children had often been forcibly removed from their families as part of the ‘Americanisation’ policy
- court decided that tribal courts would decide on adoption -> recognition of tribal courts
1980 United States v Sioux Nation
- Sioux awarded $17.5 million and 5% interest a year since 1877 -> combined $123.5 million
- rejected compensation as they preferred return of their land
- encouraged other tribes to persue compensation
1982 Seminole Tribe v Butterowrth
- SC gave right to establish gambling enterpriseson tribal land
- went against state law but in doing so ruled that NAs had onw rights on own lands
1986 Charrier v Bell
- SC ruled that remains dug from burial grounds in Louisiana belonged to NAs
- states passed laws which protected NA burial grounds
What did these 5 SC cases do?
established important principles over land claims, the power of tribal courts and respect for NA culture
decisions began process pf recovery of NA lands, gave the tribes the right of self-determination and showed a much greater respect for right of self-determination and showed a much greater respect for their traditions and culture than ever before
Native American responsibility
for most of period NAs did little to directly help the advancement of their CR
-> divisions between tribes made it easier for state and federal govs to pursue aims
only after WW2 was there an increasing sense of uity between tribes -> NA orgs founded
progress mainly made in last decades and inspired by CR movement - ‘Red Power’
although most progress can be attributed to other groups and individuals
The lack of unity and its impact (positive)
some resistance to Dawes Act from 5 Civilised Tribes (first major attempt to resist assimilation)
attempts at resistance during 20th century did occur (e.g Lone Wolf v Hitchcock)
Society of American Indians est 1911 was first NA pressure group
1920s/30s - some gains made
Meriam Report 1928
group of reformers, social scientists, anthropologists wanted to preserve NA culture
report condemned allotment policy and outlined terrible conditions
concluded that the gov should be concerned with the ‘social and economic advancement of the Indians so that they may be absorbed into the prevailing civilisation at least in accordance with a min standard of health and decency’
report encouraged change, leading to Rhodes reofrms 1929 (closed res boarding schools and replaced them with better school and improve medical facilities) and reforms of the ND in 1930s
The lack of unity and its impacts (negative)
rivalries - unable to present a united front against gov
fought gov during Plains Wars but also fought against each other
-> tribes often willing to provide US forces with guides who knew land to aid gov in pursuit of other tribes (own worst enemy)
countinued on res and added to difficulty of stopping theft of land
many tribal leaders were aware that they could not resist superior forces of gov and made treaties
some resistance to Dawes Act ended in failure
concerted action was rare
lack of funds, mass support and NAs spread out - no agreed aim for future
Move towards unity (positives)
after WW2 - National Congress of Amerian Indians (NCAI)
development of org may have been encouraged by events of WW2 -> sig no of NAs fought, experienced discrim and racism -> encouraged them to join campaigns and pressure groups to end treatment and improve rights
NCAI able to exert ptressure on gov which responded by establishing the Indian Claims Commission
-> initially appeared to be the means by which native lands would be returned
gov policy of termination and growing CR movement encouraged growth of further NA press groups (e.g National Indian Youth Council 1961)
-> clear indication of change in NA attitudes and willingness to unite in protest, seen in 1964 - hundreds of NAs assembled in Washington for recog as part of Johnson’s ‘War on Poverty’
inspired by movements like Black Power and adopted a more militant approach (culminated in establishment of American Indian Movement (AIM) in 1968 and emergence of ‘Red Power’ - many tactics and desure to create mass movement and pride in their race/culture inspired by Malcolm X and BP
1968-mid 1970s wistnessed most concerted action by NAs to improve rights -> how far this pressure influenced Nixon and Ford is up for debate
What caused the greatest improvement in NA position?
coinciding of Red Power with two presidents sympathetic to cause of NAs resulted in greatest period of improvement in position of NAs
Move towards unity (negatives)
reforms of ND period were a result of pressure from Americans not NA
compensation usually given instead of land
many NAs (particaully young) believed that progress was too slow
Native American actions 1968-c.1975
designed to draw attention to condition of NAs
establishment of AUM in 1968 = tackle discrimination faced by many young NAs - est group to patrol streets and monitor police activites -> resulted in decline in no of arrests/imprisionment of young NAs
fish-in staged in Washington state when state SC failed to uphold treaty rights stating NAs had roght to fish in Columbia River
publication of sig works of literature -> made Americans and others aware of NA culture and history & problems they were facing e.g ‘Custer died fr your sins’ by Vine Deloria Jr and ‘Bury My Heart at Wounded Knee’ by Dee Brown
pursued cases through SC to regain return of former tribal lands
Siege of Alcatraz 1969 (context)
Island of Alcatraz originally belonged to Ohlone Indians
1850s: army built fortress there to protect San Francisco but never needed
1868: became military prison ; 1909: most of original fortress broken down and new prison built ‘ 1933: taken over by US gov
1963: closed as transporting supplies became too expensive
Siege if Alcatraz 1969 (positives)
now sttod empty due to a group of NAs from range of tribes occupied it and demanded its return. Led by Richard Oakes - he offered the gov $24 in beds and cloth, the price paid to the NAs for the island of Manhattan -> gov refused
BUT worldwide media coverage made many aware of NA conditions, may have forced gov to reconsider policies; encouraged other NAs to become involved in movement - 10,000 visisted island during siege while others occupided gov owned land
-> brought/ united NAs together -> sig change from start of period
-> increased awareness of need for solidarity if they were to achieve ‘native sovereignity’
encouraged further militant/ sometimes violent action
actions gained AIM national attention/publicity -> imp as NAs only made up 1% unable to achieve anything through ballot box
The Siege of Alcatraz (negatives)
NAs = unsuccessful in regaining land
debate about impact of actions: polcie/militia ended occuption -> counterproductive and went against NA beliefs ; violence
Further protests in 1970s
1971 occupation of Mount Rushmore, Black Hills, Dakota
1972 AIM took over Bureau of Indian Affairs, Washington DC
1973 the occupation of Wounded Knee
1975 Pine Ridge Reservation near Wounded Knee
1971: occupation of Mount Rushmore, Black Hills, Dakota
- sacred burial ground of the Sioux ; protestors establoshed a camp but were evicted
- NAs have continued to claim the Black Hills and est further camps
- ownership of the land is still in dispute
1972 AIM took over the Bureau of Indian Affairs, Washington DC
protest followed on from journey of 1000 protestors that travelled across USA in the ‘Trail of Broken Treaties Caravan’
aimed to draw attention to treaties that previous US gov had broken
coincided with time of a presidential election -> gained further publicity
supposed to be a peaceful protest -> handed a list of 20 issues to be resolved
BUT had not accomodation so they took over the Bureau -> evicted -> violence
1973 the occupation of Wounded Knee
highly important for NAs as it was the site of the Sioux messacre in 1890
occupation lasted 71 days -> violence/resistance to gov agents
negotiated settlement achieved but two leaders arrested (later acquitted)
1975 Pine Ridge Reservation near Wounded Knee
violence resulted in shootings; two FBI agents and one protestor dead
member of AIM found guilty of murder but Appeal Court blamed killings on overreaction of authorities
What helped with NA rights?
ending of tribal rivalry and subsequent unity helped to progress rights
‘Red Power’ movement exerted considerable pressire on govs who saw that NAs were capable of being much more assertive
realisation from govs that NAs had previously been treated unfairly
1865-1923
neither gov nor NAs aided progress of NA rights
gov more concerned with assimilating and destroying right to self-determination -> method changed from reservations to allotments
outlook reinfroced by views of most Americans -> believed in Manifest Destiny and that NAs = inferior
indirectly helped to preserve NA culture and tribal life by placing
NAs did little to further own cause
attempted to resist assimilation to divisions between tribes and poor leadership = unable to achieve aim of self-determination
in fighting to preserve their tribal structure they perpetuated the lack of unity -> gov able to exploit -> easier to pursue policies
=
difficult to argue that this period witnessed improvements
did little to help own cause
gov did much to destroy their rights
1924-68
- gov was responsible for advancement of NA rights in the first part of period
-> NA granted citizenship and made gains from ND - but NAs did not want citizenship and ND gains shortlived due to WW2
- still pursuing policy of assimilation -> excacerated due to termination
- little progress and more due to changing attitudes among US population
- Nas achieved little during period but some evidence of increased unity; emergence of pressure groups e.g NCAI
- experience of some NAs during WW2 encouraged greater determination to figh for their rights -> more evident in final period
=
some gains made but due to gov while being encouraged by refroms
1969-92
- greatest advancement in CR for NAs
- govs of Nixon, Ford and Carter = considerable improvement
- Nixon = turning point -> gov abandoned assimilation and began to promote self-determination. How far this was due to attitudes of govs is a matter of debate
- gradual realisation from gov after 1960s that NAs had been treated unfairly
- decisions of SC = crucial
- attitude of president and eco situation of time = important, influences on advancement of CR, illustrated by limited progress under Reagan
- actions of NA = important
- new-found unity allowed them to exert more pressure on gov
- pressure groups drew attention to their plight and exploited media attention
- groups like AIM became adept at using courts
- recognition by successive presidents that previous treatment was unjust
greatest advances took place when presidents supported the cuase, the SC was sympathetic and NA were united and had powerful pressure groups to represent their views
1981 Montana v United States
clarified that tribal nations passes inherent power over their internal affairs and civil authority over non-members within tribal lands to the extent necessary to protect health, welfare, eco interests or pd integrity of the tribal nation
1975 United States v Mazuries
Tribes are soverign over tribal members and tribal land
1990 Duro v Reina
tribal courts do not have criminal jurisdiction over a non-member Indian
BUT tribes “possess their traditional and undisputed power to exclude persons who they deem to be undesriable from tribal lands […] tribal law enforcement authorities have the power, if necessary, to eject them”
Congress passed the Duro Fix recognising the power of tribes to exercise criminal jurisdiction within their reservation over all Indians including non-members
