Native American Civil Rights (1865-1992)

The progress and development of Native American rights, federal government attitudes and actions, Native American responsibility and the improvement in Native American rights.

What does nomadic mean?

The Plains Indians did not have permanent settlements as they followed the buffalo herds. They lived in tipis that could be taken down quickly in order to follow the buffalo, on which they depended for their existence.

What is Manifest Destiny?

A belief that it was Americans God-given right to settle the rest of the continent. The term was first used in 1845 in the magazine Democratic Review: ‘the fulfillment of our manifest destiny is to overspread the continent allocated by Providence for the free development of our yearly multiplying millions.’

What is the Great Spirit?

The Native Americans believed that there was a supreme being who had made them the guardians of the land, to look after it and pass it on to the next generation. As a result, they argued that the land could not be owned, but was to be shared, hence their tribal way of life.

When and what were the Plains Wars?

1862-67 - clashes between tribes with four notable ones being: 1862 Little Crow’s War against the Sioux, 1863 Cheyenne uprising, 1867 Red Cloud’s War against the Sioux and the 1868 Winter Campaign against the Cheyenne.

When and what was the Sand Creek Massacre?

1864 - an attack by US cavalry on an undefended Cheyenne camp, resulting in the death of many elderly men, women and children

When and what was the Homestead Act?

1862 - gave farmers a 160-acre plot free on the condition that they farmed it for 5 years

What is polygamy?

The taking of more than one wife. It was custom so that all women were cared or by a man, which helped to ensure the survival of the tribe. This went against Christian beliefs and was used as further evidence of the need to ‘Americanise’ Native Americans.

What are braves?

Native American warriors

What is a tribal chief?

The head or leader of the tribe. They presided over the tribal courts and were therefore important in the running of the tribe, or ‘nation’ as the large tribes were called.

Who was George Armstrong Custer?

A US army officer and cavalry commander in the Civil War and in the Plains Wars against the Native Americans. He is most famous for his defeat at the Battle of Little Bighorn, where he and all his battalion were killed. The battle has gone down in US history as ‘Custer’s Last Stand.’

When and what was the Battle of Little Bighorn?

1876 - probably the most famous battle in the history of the Native American struggles. It was the result of General Custer being sent to return a number of Sioux and Cheyenne who had left their reservation and refused to return. Custer attacked them without waiting for his full force to arrive, but his force of some 200 men were defeated and all were killed.

When and what was the Dawes Severalty Act?

1887 - divided the reservations up into plots or allotments which were either given to the Native Americans or sold off. As a result, land ownership was forced upon the Native Americans.

What and who were the Five Civilised Tribes?

The Cherokee, Chickasaw, Choctaw, Creek and Seminole tribes that were forced to leave their lands and were settled on the Great Plains in 1838. Their journey from their traditional lands to the Plains has been called the ‘Trail of Tears’ as so many people died on it. Later, they were exempt from the Dawes Act until the 1898 Curtis Act.

What was the allotment process?

The reservation lands were divided into homesteads or allotted, hence the term, by the Dawes Act. This process attempted to turn the Native Americans into landholders, further destroying their tribal culture. Lasted between 1887-1934 after the reservation policy was 1871-87.

What was the termination policy?

In order to speed up the policy of assimilation, which had always been the aim of the federal government, a more aggressive approach was adopted. Native Americans would now be treated as self-supporting Americans and lose any special protection they had been given as ‘wards’ of the government. It was planned to end the reservation system and encourage them to move to cities, where there was employment, in what can be described as a policy of ‘urbanisation’ of Native Americans. This was between 1945-69.

What is native capitalism?

A belief in developing profitable businesses among Native Americans so that the spending of the federal and state governments could be reduced.

Who was John Collier?

Led opposition to the Bursum Bill, was appointed Commissioner of Indian Affairs in 1933 and was instrumental in the passing of the Indian Reorganisation Act. He also wrote several books about Native Americans before his death in 1968.

What is the Bureau of Indian Affairs?

The name given to the Office of Indian Affairs after 1947. It controlled the money for the development of Native Americans, and was responsible for their education and the reservations.

What are state supreme courts?

The federal nature of the USA means that each state has its own supreme court. The state supreme court is the final court for deciding on the legality of state legislation; only if the legislation has implications for the constitution of the USA will it go to the Supreme Court, and then only if the defeated party appeals.

What is native sovereignty?

The power that the tribes had to live on their land according to their laws, religion and customs. These rights existed until the settlers arrived and removed them.

What is the Native American Rights Fund?

Established in 1970 to defend the rights of Native Americans, NARF trained legal specialists with an interest in Native American issues and was responsible for most of the cases that went before the Supreme Court.

What court case was in 1974?

Oneida v Oneida and Madison County, New York - the Oneida tribe brought a case to the Supreme Court to sue for the return of their lands. This was an important ruling as the Court decided in favour of the tribe. The result was an increase in the number of actions taken by tribes to regain lands.

What court case was in 1976?

Fisher v Montana - in the past, Native American children had often been forcibly removed from their families as part of the ‘Americanisation’ policy. The decision of the Supreme Court meant that in future tribal courts would decide on adoption - moving towards a recognition of tribal courts.

What court case was in 1980?

United States v Sioux Nation - ruled that one of the major tribes was entitled to significant compensation for the loss of their lands which encouraged others to pursue compensation for land lost in the Black Hills of Dakota. The Sioux were awarded $17.5m and 5% increase a year since 1877, which gave them another $106m. However, they rejected this as they wanted their land returned.

What court case was in 1982?

Seminole Tribe v Butterworth - gave the Seminole the right to establish gambling enterprises on tribal land. This went against state law, but ruled that the Native Americans had rights on their own land.

What court case was in 1986?

Charrier v Bell - ruled that remains dug from burial grounds in Louisiana belonged to the Native Americans, leading to states passing laws which protected Native American burial grounds

When and what were the Rhoads reforms?

1929 - these reforms closed off-reservation boarding schools, to which Native American children had ben sent. The schools were replaced by better schools on the reservations. There were also to be improvements in medical facilities.

Who were the National Indian Youth Council?

Established in 1961 with the aim of protecting Native American fishing rights in the north-west of the country. However, its role developed and it took on lawsuits to protect treaty rights, voting rights and religious freedom.

What were survival schools?

Schools established by Red Power organisations to teach Native Americans about their culture and languages, thus ensuring they survived.

Who is Richard Oakes?

He led the Siege of Alcatraz and was later shot and killed.

List 5 protests between 1965-1975:

• 1969 - Siege of Alcatraz

• 1971 - Occupation of Mount Rushmore

• 1972 - BIA take over by AIM

• 1973 - Occupation of Wounded Knee

• 1975 - Pine Ridge Reservation shooting

When was the Massacre at Wounded Knee?

1890

When and what was the Muskogee Convention?

1905 - An Indian-led attempt to secure separate statehood for the Five Civilised Tribes

When was the Society of American Indians founded and what did it do?

1911 - pioneered Pan-Indianism and was first organisation

When and what was the Indian Citizenship Act?

1924 - forced citizenship on Native Americans

When and what was the IRA/Wheeler-Howard Act?

1934 - New Deal policy that gave Native Americans the right to practice their religion, undertake ceremonial dances and celebrations (reversing the Dance Order of 1883), the ability to prevent the sale of land to individual buyers and the extension of political rights to women.

When was the National Congress of American Indians founded and what did it do?

1944 - educated Native Americans mainly in legal battles against discrimination, first unified voice for tribes

When and what was the Indian Self-Determination Act?

1975 - tribes could take responsibility for their own education, health and service provision (federal funding towards self-sufficiency)

When and what was the Indian Education Act?

1972 - increased funding for Native American schools

When and what was the Indian Education Assistance Act?

1975 - allowed Native Americans more involvement in children’s educational progress

Whose speech was ‘The Forgotten Americans’ and what was it about?

1968 - LBJ spoke to Congress to promote Native American self-help and respect

When and what was the Indian Health Care and Improvement Act?

1976 - provision of health care for Native Americans

When and what was the Native American Religious Freedom Act?

1978 - right to practice religion, but hallucinogenic drug peyote was still restricted

When and what was the Indian Child Welfare Act?

1978 - attempted to regulate forced removal of Native American children from families

When and what was the Meriam Report?

1928 - survey documenting the poor condition of Native American living conditions