The reservation system, established in the mid-19th century, aimed to confine Native Americans to specific areas. This policy shift marked a departure from earlier treaty-based approaches, forcing tribes onto designated lands and freeing up territory for white settlers.

Reservations were created through treaties and legislation, often involving tribes ceding vast ancestral lands. The system faced numerous challenges, including boundary disputes, forced relocations, and assimilation efforts that sought to erase Native American cultures and traditions.

Treaties and Legislation

Establishment of Reservation System

• Indian Appropriations Act of 1851 authorized creation of Indian reservations in Oklahoma
• Provided funds for relocating Native American tribes to designated areas
• Aimed to confine Native Americans to specific territories, freeing up land for white settlers
• Marked a shift from previous treaty-based approach to a system of forced confinement

Treaty System and Boundary Delineation

• U.S. government negotiated treaties with Native American tribes to establish reservation boundaries
• Treaties often involved tribes ceding large portions of their ancestral lands in exchange for smaller reservations
• Many treaties included provisions for food, education, and other resources (blankets, tools)
• Boundary disputes frequently arose due to unclear demarcations or encroachment by settlers
• Notable treaties include Treaty of Fort Laramie (1851) and Treaty of Medicine Lodge (1867)

Legal Framework for Reservations

• Reservation system codified in law through various acts of Congress
• Indian Reorganization Act of 1934 allowed tribes to establish their own governments on reservations
• Major Crimes Act of 1885 extended federal criminal jurisdiction to reservations
• General Allotment Act of 1887 (Dawes Act) divided reservation lands into individual parcels

Relocation and Assimilation

Forced Relocation Policies

• U.S. government implemented policies to forcibly move Native American tribes from their ancestral lands
• Trail of Tears (1830s) involved relocation of Cherokee, Muscogee, Seminole, Chickasaw, and Choctaw nations
• Long Walk of the Navajo (1864) forced Navajo people to march 300 miles to Bosque Redondo reservation
• Relocation often resulted in significant loss of life due to harsh conditions and inadequate provisions
• Tribes faced challenges adapting to unfamiliar environments on new reservation lands

Assimilation Efforts and Cultural Suppression

• Assimilation policy aimed to integrate Native Americans into mainstream American society
• Carlisle Indian Industrial School (founded 1879) served as model for Native American boarding schools
• Boarding schools focused on erasing Native American culture, language, and traditions
• Children were often forcibly removed from families and subjected to harsh discipline
• Dawes Act (1887) sought to break up communal tribal lands and promote individual land ownership
• Native American religious practices were outlawed through various measures (Sun Dance banned in 1904)

Bureau of Indian Affairs and Administrative Control

• Bureau of Indian Affairs (BIA) established in 1824 to manage Native American affairs
• BIA oversaw implementation of reservation policies and administration of tribal resources
• Appointed Indian agents to supervise reservations and enforce government policies
• Controlled distribution of food, supplies, and annuities promised in treaties
• Faced criticism for corruption, mismanagement, and failure to protect Native American interests

Tribal Governance

Evolution of Tribal Sovereignty

• Tribal sovereignty refers to the inherent authority of indigenous tribes to govern themselves
• Cherokee Nation v. Georgia (1831) defined tribes as "domestic dependent nations"
• Worcester v. Georgia (1832) affirmed tribal sovereignty and limited state jurisdiction on tribal lands
• Indian Reorganization Act (1934) encouraged tribes to adopt written constitutions and establish formal governments
• Tribes maintain government-to-government relationships with federal government

Challenges to Tribal Self-Governance

• Plenary power doctrine allows Congress to override tribal decisions and treaty rights
• Trust doctrine establishes federal government as trustee of tribal lands and resources
• Public Law 280 (1953) transferred federal jurisdiction to certain states, complicating tribal authority
• Indian Civil Rights Act (1968) imposed certain constitutional restrictions on tribal governments

Contemporary Tribal Governance Structures

• Many tribes have adopted constitutions modeled after U.S. government structure
• Tribal councils serve as primary governing bodies for many Native American nations
• Some tribes maintain traditional forms of governance (Iroquois Confederacy)
• Tribal courts adjudicate civil and criminal matters within reservation boundaries
• Inter-tribal organizations (National Congress of American Indians) advocate for Native American rights and interests