Indians of North America; Indians of North America -- Government relations; Indians of North America -- Legal status, laws, etc.
In the face of three hundred and eighty-two treaties with Indian tribes,
ratified by the Senate as are treaties with foreign powers, this may
perhaps be accepted as quite the most conspicuous illustration in
history of the adage, "Circumstances alter cases."[L] Since Anthony
Wayne received the cession of pretty much the whole State of Ohio from
the Wyandots, Delawares, and Shawnees, times have indeed changed; and it
is fitting that we should change with them. The declaration of Congress
is well enough on grounds of justice and national honor; but it none the
less aims a deadly blow at the tribal autonomy which was made a vital
part of the original scheme of Indian control. The declaration cited
does not in terms deny the self-sufficiency of the tribe for the
purposes of internal self-government; but the immediate necessary effect
of it is further to weaken the already waning power of the chiefs, while
Congress yet fails to furnish any substitute for their authority, either
by providing for the organization of the tribes on more democratic
principles, with direct responsibility to the government, or by arming
the Indian agents with magisterial powers adequate to the exigency.
Under the traditional policy of the United States, the Indian agent was
a minister resident to a "domestic dependent nation." The Act of March
3, 1871, destroys the nationality, and leaves the agent in the anomalous
position of finding no authority within the tribe to which he can
address himself, yet having in himself no legal authority over the tribe
or the members of it. It is true, that, as matter of fact, agents, some
in greater and some in less degree, continue to exercise control after a
fashion over the movements of tribes and bands. This is partly due to
the force of habit, partly to superior intelligence, partly to the
discretion which the agent exercises in the distribution of the
government's bounty; but every year the control becomes less effectual,
and agents and chiefs complain more and more that they cannot hold the
young braves in check.
Public-domain text, read in full here on John Shaqi.
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