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Concerning the Bureau of Indian Affairs (BIM, and General History Has Been Supplied Only As Necessary to Understand the Policychanges

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Concerning the Bureau of Indian Affairs (BIM, and General History Has Been Supplied Only As Necessary to Understand the Policychanges DOCUMENT RESUME ED 092 279 BC 007 929 AUTHOR Tyler, S. Lyman TITLE A History of Indian Policy. INSTITUTION Bureau of Indian Affairs (Dept. of Interior), Washington, D.C. PUB DATE 73 NOTE 374p. AVAILABLE FROMSuperintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 (Stock No. 2402-00031, $4.25, paper cover) EDRS PRICE MF-$0.75 HC-$17.40 PLUS POSTAGE DESCRIPTORS *Administrative Policy; *American History; *American Indians; Change Agents; Changing Attitudes; Cultural Background; *Development; *Federal Programs; Individual Power; Life Style; Policy Formation; Political Influences; Reservations (Indian); Resources; Treaties; Tribes IDENTIFIERS BIA; Bureau of Indian Affairs ABSTRACT The study brings together inone work a brief history of American Indian policy in the United States for theuse of students, teachers, government employees, and the generalreader. More detail has been supplied for the period since 1930 to enablethe reader to see the processes involved in the adoption, administration, and eventual changes in Indian policy. The center of-attentionhaa been the development and changes of policy. Historical information concerning the Bureau of Indian Affairs (BIM, and general histOry has been supplied only as necessary to understand the policychanges. The 10 chapters cover: the nature of Indian policy; the Indian and the European; treaties and Indian trade; tribal removal and concentration westward; reservations for Indian tribes; allotmentsto individual Indians; tribal reorganization; Indian relocationand tribal termination; Indian policy and American life in thb 1960's; self determination through Indian leadership, 1968to 1972; and lildian policy goals for the early 1970's. The bibliographyincludes general reference works, unpublished materials, government documents, BIA publications, books, newspapers, and periodical literature. The appendix gives dates significant in the development of Indian policy and administrators of U.S. Federal Indian policy from 1789to the present. (KM) U S DEPARTMENT Of HEWN, EDUCATION & WELFARE NATIONAL INSTITUTE OF EDUCATION THIS DOCUMENT HAS BEENREPRO OLICE0 EXACTLY AS RECEIVED FROM THE PERSON OR ORGANIZATIONORIGIN NTT NG IT. POINTS OF VIEW OROPINIONS STATED DO NOT NECESSARILY REPRE SENT OFFICIAL NATIONAL INSTITUTEOF EOUCATON POSITION OR POLICY A HISTORYOF INDIANPOLICY 11 S. LYMAN TYLER UNITED STATES DEPARTMENTOF THE INTERIOR Bureau of Indian Affair' Washington, D.C. 1973 About the cover: "Spirit Dancet of the Moon and Sun" by Greycohoe, a student at the Institute of American Indian Art of the Bureau of Indian Affairs in Santa Fe, New Mexico. This school gives training in the arts to match the needs of today's youthful Native AmericansIndians, Eskimos, and Aleuts of the United States. (Copyright). For sale by the Superintendent of Documents, US. Government Printing Office Washington, D.C. 20402Price $4.25 (Paper Cover) Stock Number 2402-00031 FOREWORD American Indians have determined many of the characteristics of American life as it is lived today. Their confederations, their culture, their resistance to white expansion, and the non-Indian position in relation to them have shaped thegovernment, the his- tory, the geography, and the outlook of the United Statesas a Nation and as a people. While much is contained in libraries about Indian culture and customs, there has been no authoritative account of Federal Indian policy from the Colonial period to the present. To remedy this gap in source materials available to students in a cross-section of fields, in 1968, urged by the then Deputy Commissioner of Indian Affairs Theodore W. Taylor, the Bureau of Indian Affairsnego- tiated a contract with Dr. S. Lyman Tyler, Professor of History of the University of Utah, who had done previous research in the Indian policy field, to write "A History of Indian Policy." Indians today are a young group of Americans. Indian Youth is the largest and fastest growing segment ofour Indian population. It is our greatest asset for the future of Indian people. Andthese young people have not lived through 60 or 70 years of Federal Indian policy. They must read what happened and whenthey shape policyand shape policy they willwe hope they will doso with additional insight. If looking backward means that Indiansare filled with regrets over land and culture lost, it serves no useful purpose. But ifa backward look means that mistakes of the pastare not repeated, looking backward can help both Indians and the non-Indians. Today's Indian is eager to involve himself in hisown destiny to help shape the laws that affect him and to help administer them. He is becoming better educated, moreaware of the choices and options open to him, and he is qualifying himselfto work in fields vi A HISTORY OF INDIAN POLICY not undertaken traditionally by Indians. As indicated in President Nixon's historic message to the Congress on the subject of Indian affairs, July 8, 1970, Indians are full partners in planning, devel- oping, and administering programs and services to improve all the facets of Indian life in this Administration. We hope "A History of Indian Policy" will help Indians and non-Indians alike understand what happened when two cultures collided on the land that has become the United States. Rogers C. B. Morton Secretary of the Interior PREFACE The purpose of this study has been to bring together in one work a brief history of the Indian policy the United States for the use of students, teachers, governmentemployees, and the general reader. More detail has been supplied for the period since 1930 to enable the reader to see the processes involved in the adoption, adminis- tration, and eventual changes of Indian policy. The center of attention has been the development and changes of policy. Historical information concerning the Bureau of Indian Affairs, Indian history, and general history has been supplied only as necessary to understand the changes in policyin their historical setting. Appreciation always needs to be expressed to those who have gone before and prepared the way. I give them the creditfor useful information, and take personal blame for the errors that manage to find their way into any work. vii CONTENTS Page Foreword V Preface VII Chapter OneINTRODUCTION 1 The Nature of Indian Policy 1 A Definition of Indian Policy 1 An Overview: Similarity Amid Change 5 Congress and Indian Policy 7 Treatymaking: The Long View 10 The Indian and the European 12 International Law and Indian Policy 18 The Aristotelian Theory of Natural Slavery 19 The Practical Application of Legal Concepts 21 The Spanish Indian Program 23 The French Indian Program 25 The Dutch Indian Program 27 The English Indian Program 27 Jurisdiction over Indians 30 Chapter TwoTREATIES AND INDIAN TRADE 32 Indian Program of the Continental Congress and the Confederation 33 The Constitutional Convention and Indian Affairs. 37 The Formation of Indian Policy Under the Constitution 38 The Factory System 43 Federal Criminal Jurisdiction in Indian Country 45 The Civilization and Education of Indians 45 The Administration of Indian Affairs 47 Western Unrest and the War of 1812 48 ix Vitt,R0-4-K X A HISTORY OF INDIAN POLICY Page Creation of the Office of Indian Affairs 51 Evolution Toward an Indian Service 52 Chapter ThreeTRIBAL REMOVAL AND CONCENTRATION WESTWARD 54 The Impact of the Louisiana Purchase on Indian Affairs 54 Removal 56 Indian Trade and Intercourse Acts of June 30, 1834 61 Indian Affairs and the Western Territories 62 Indian Affairs at Mid-Century 65 The Administrators of Indian Affairs 66 Inheritance from Spain and Mexico 67 Chapter FourRESERVATIONS FOR INDIAN TRIBES . 70 Development of the Reservation System 72 Experiments with Allotments to Individual Indians 75 Reform Movements '16 The Indian Peace Commission 77 The So-Called Peace Policy '79 Soldiers to Keep Indians on Reservations 80 Experimentation With Indian Policy 84 The Completion of the Railroad and the End of the Buffalo Country 86 The Beginnings of an Educational -Program 88 Law and Order on Indian Reservations 90 A Time of Change 91 Chapter FiveALLOTMENTS TO INDIVIDUAL INDIANS . 95 The General Allotment Act 95 Indian Health 107 World War I and the Indian Service . 109 The New Declaration of Policy 109 A Background to Further Reform, 1922to 1928. 112 The Rhoads-Scattergood Administration, 1929-1933 115 Irrigation and Reclamation 119 Incorporation and Indian Claims 119 Improved Health Program 120 Federal-State Cooperation 121 Progress in Education 122 Employment Program Attempted 122 A Modern Extension Program 123 CONTENTS Xi Page Background to Reorganization 123 Post Mortem on Allotment 124 Chapter SIXTRIBALREORGANIZATION 125 The "New Deal" for the Indians 125 Beginnings 126 The First Year 127 The "New Deal" Establishment 129 The "New Deal" and the Learned Critics 131 Progress Under the "New Deal" for Indians 133 An Evaluation 134 Rejection of Collier's Program 136 Congressional Criticism 137 Senate Survey and Congressional Criticism 119 The House Investigation 141 Bureau Administration,1943-1944 143 The National Congress of American Indians John Collier, 1933-45 146 The PostWar Period, 1945-46 147 Reorganization 148 Indian Claims 149 Chapter SevenINDIAN RELOCATION AND TRIBAL TERMI- NATION Indian Employment and Relocation 153 Post-War Prospects 154 Program Development for Palicular Tribes 160 Tribal TerminationFinding the Roots 16l Termination: 1953-58 172 Other Legislation of the Period 181 Consultation or Consent? . 183 A "Cooling Off" Period 186 Chapter EightINDIAN
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