US Policies Towards Native Americans: To What Extent Were They Justified?
Introduction
The history of United States policies towards Native Americans is complex and multifaceted, spanning several centuries. This paper aims to critically analyze to what extent these policies were justified, considering the context, goals, and impacts. “Justified” in this analysis refers to the rationale and ethical grounding behind each policy, and the term is examined through the lens of the prevalent moral, social, and legal frameworks of the respective eras, as well as the current understanding of justice, rights, and ethics. It is crucial to approach this topic with a nuanced understanding of the changing dynamics and perspectives over time, as well as the profound consequences these policies had on Native American communities and cultures.
Historical Context
Before European settlers arrived in what is now known as the United States, diverse Native American tribes inhabited the land. These indigenous groups developed complex societies, cultures, and traditions, adapting to various environments from coast to coast. The initial interactions between European settlers and Native Americans were relatively cooperative, often revolving around trade and mutual assistance.
However, as European settlements expanded, tensions escalated, leading to conflicts over land and resources. The settlers, primarily from England, France, and Spain, sought to establish their dominance, often viewing Native Americans through ethnocentric lenses, considering them as “savages” or “heathens”. Such perspectives significantly influenced the formulation of policies towards Native Americans, as they provided a moral and legal justification for the subjugation and dispossession of indigenous peoples.
The Doctrine of Discovery, a concept originating from European legal traditions, played a pivotal role in shaping early interactions. This doctrine, endorsed by various monarchies and the Catholic Church, granted European powers the right to claim and rule over non-Christian lands “discovered” during their explorations. In practice, it facilitated the seizure of indigenous territories and the subordination of Native American rights and sovereignty. As European powers transferred their claims to the emerging United States, the Doctrine of Discovery underpinned the fledgling nation’s approach towards Native Americans, serving as a legal and moral basis for territorial expansion and control.
Early Policies
The nascent United States formulated and implemented policies that significantly affected Native Americans. Early US policies oscillated between attempts to peacefully acquire Native lands through treaties and the use of force when such efforts failed. The Doctrine of Discovery continued to influence these policies, providing a justification for American expansion into indigenous territories.
Treaties were a principal tool for land acquisition. The US government entered into numerous agreements with various tribes, often promising protection, recognition, and goods in exchange for large tracts of land. However, these treaties were frequently disregarded or unilaterally altered by the US, leading to the dispossession and displacement of many Native Americans.
Justification Analysis of Early Policies
Analysing the justification for early US policies towards Native Americans requires considering the prevalent mindset and motivations. The primary justification presented was the notion of “civilizing” indigenous peoples, which was aligned with the ethnocentric worldview of European-descendant settlers. The goal of assimilating Native Americans into Euro-American society and Christian faiths was deemed a moral imperative, overshadowing the inherent rights and dignities of indigenous cultures and societies.
The legal justification for land acquisition and sovereignty over Native Americans was deeply embedded in the Doctrine of Discovery and Manifest Destiny. The latter ideology believed that the expansion of the US across the continent was not only inevitable but divinely ordained. While these justifications may have seemed valid to contemporaries, they are widely regarded as ethically problematic today due to their discriminatory, imperialistic, and paternalistic underpinnings.
Removal and Resettlement
The US government’s policies towards Native Americans took a drastic turn in the 19th century with the inception of Indian removal policies, most notoriously embodied by the Indian Removal Act of 1830. Signed into law by President Andrew Jackson, the act facilitated the forced relocation of thousands of Native Americans from their ancestral homelands in the southeastern United States to designated “Indian Territory” west of the Mississippi River.
This period saw the tragic Trail of Tears, during which several tribes, including the Cherokee, were forcibly moved, suffering immense hardships and loss of life. These removal policies aimed to make room for white settlers, driven by economic interests and the desire for territorial expansion.
Justification Analysis for Removal and Resettlement
Proponents of Indian removal at the time argued that it was a necessary measure for the progress and security of the burgeoning American nation. The relocation was presented as a way to prevent conflicts between Native Americans and white settlers, promising the former a chance to preserve their cultures in new, isolated territories.
However, these justifications are heavily criticized for their inherently racist and exploitative nature. The removal policies were primarily designed for the benefit of white Americans at the expense of indigenous peoples. Native Americans were not only dispossessed of their lands but were also subjected to unfathomable suffering and death during their forced relocations. The purported goal of protecting Native cultures was not achieved, as the resettlement areas were often inhospitable, and the removal process itself had a devastating impact on the social and cultural fabric of affected tribes.
Assimilation Era
Following the phase of removal and resettlement, US policies shifted towards the assimilation of Native Americans into Euro-American society. This era marked a significant effort to eradicate indigenous cultures, traditions, and languages, replacing them with those of the European settlers. Two key components of this assimilation strategy were the establishment of Indian boarding schools and the enactment of the Dawes Act in 1887.
Indian boarding schools were institutions where Native American children were sent to be educated in the ways of Euro-American society, with the explicit goal of eradicating indigenous ways of life. The Dawes Act further exacerbated this process by redistributing communally held tribal land to individual Native American households, aiming to encourage agriculture and private property notions aligned with European American values.
Justification Analysis of Assimilation Policies
The assimilation policies were ostensibly designed to “civilize” and “uplift” Native Americans by integrating them into the predominant Euro-American society. Proponents believed that assimilation was the only viable path for Native Americans to survive and prosper in a rapidly changing country. They argued that these policies would provide Native Americans with the necessary skills and cultural capital to navigate and succeed in a society dominated by European values and institutions.
From a contemporary perspective, however, these justifications are fraught with ethical concerns. The assimilation policies were inherently coercive and paternalistic, systematically suppressing indigenous cultures and ways of life. Furthermore, these policies operated on the presumption that European culture was superior to Native American cultures, a notion that is fundamentally racist and ethnocentric.
The consequences of assimilation policies were deeply damaging to Native American communities, resulting in the loss of cultural heritage, language, and identity for many. The boarding schools, in particular, have been the subject of intense scrutiny and criticism due to the psychological and physical abuse suffered by many Native American children, as well as the deliberate erasure of their cultural identities. The Dawes Act, while intended to promote economic self-sufficiency, often resulted in the loss of tribal lands to non-Native individuals and corporations, further disenfranchising indigenous communities.
Self-Determination and Recent Policies
Post the assimilation era, US policies towards Native Americans gradually began acknowledging and promoting indigenous rights and sovereignty. A milestone in this transition was the Indian Self-Determination and Education Assistance Act of 1975. This legislation marked a decisive move away from forced assimilation, empowering Native American tribes to assume control over their education, social services, and law enforcement.
Besides, various policies and initiatives have sought to promote economic development, healthcare, and cultural preservation within Native American communities, while also recognizing and respecting tribal sovereignty and self-governance. These policies reflect a more inclusive and respectful approach towards Native Americans, albeit not without challenges and shortcomings.
Justification Analysis of Self-Determination and Recent Policies
The shift towards self-determination and recognition of tribal sovereignty can be justified on both legal and ethical grounds. Legally, this approach aligns with the inherent rights of Native Americans as the original inhabitants of the land, acknowledging their unique status and relationship with the federal government. Ethically, policies promoting self-determination respect the dignity, identity, and autonomy of Native American tribes, addressing some of the historical injustices they have suffered.
However, it’s crucial to critically assess the implementation and impacts of these policies. While they signify progress, challenges like economic disparities, health inequities, and cultural erosion continue to afflict Native American communities. The effectiveness and fairness of contemporary policies should be continuously evaluated to ensure they genuinely support the wellbeing and aspirations of Native Americans.
Conclusion
The United States’ policies towards Native Americans have undergone significant transformations, reflecting the nation’s evolving legal, moral, and cultural landscape. From the early days of European settlement, the relationship between the US government and Native American tribes has been marked by tension, exploitation, and injustice, interspersed with efforts towards reconciliation and recognition of rights.
Each policy era, while justified in its time by various rationales, presents a complex interplay of legal and ethical considerations. Early policies were primarily exploitative and discriminatory, driven by a misguided sense of superiority and a relentless pursuit of expansion. The assimilation era, while intending to integrate, inflicted profound cultural and psychological damage. Recent policies, focusing on self-determination and recognition, signify a more respectful and just approach, though they require consistent evaluation and improvement to address ongoing challenges faced by Native American communities.
This paper’s analysis invites deeper reflection on the historical and ongoing relationship between the US government and Native American tribes, providing insights into the complex and often contentious process of justifying policies that have profound implications for indigenous peoples. Acknowledging and understanding this history is crucial for fostering a more just, respectful, and inclusive future for all Americans.
America’s policies towards native Americans has been filled with broken promises and lies. It seems clear that for a good portion of our history the following words clearly did not apply to the native American: “All men are created free and equal, that they are endowed with certain inalienable rights and that among these rights are life, liberty and the pursuit of happiness.”
1787 – The Northwest Ordinance – The ordinance stated that Indians were to be treated with the “utmost good faith” and specified that “their lands and property shall never be taken away from them without their consent.” As settlers pushed forward into occupied Indian territory, however, they received military protection. As governor of Indiana William Henry Harrison threatened, bribed and purposely intoxicated Indians. He was opposed by Tecumseh who began to organize an Indian Confederation. In 1811 and 1812 Harrison fought and defeated Tecumseh at the battle of Tippecanoe. 1819 – The purchase of Florida – For years Indians had fled south to Florida to escape American authorities. There the Spanish were powerless to control the Indians where a new tribe was formed called the Seminoles. The Seminoles, comprised of both native Americans and escaped slaves began to raid American settlements and then escape back into Spanish territory. In 1818 Andrew Jackson led a raid on Florida, captured two Spanish forts and crushed the Seminoles. Fearing the loss of their territory without compensation the Spanish sold Florida to the United States whereupon the Seminoles were swiftly moved to a reservation in central Florida. 1828 – Cherokee Nation vs. Georgia – In 1828 the Cherokee, a “civilized” tribe who had lived in peace working as farmers, building houses and roads found gold on their land. As a result white settlers moved in and the State of Georgia claimed jurisdiction over the Cherokee. The Cherokee sued claiming they were independent from Georgia. The Supreme Court ruled in favor of the Cherokee. The victory was short lived, however, as President Andrew Jackson in response to the Courts decision is reputed to have said, “John Marshall has made his decision. Now let him enforce it.” Instead the federal government removed the Indians to Oklahoma. 1830 – Indian Removal Act – This act authorized the President to negotiate treaties and remove the remaining Eastern Indians to lands west of the Mississippi. Under Presidents Andrew Jackson and Martin Van Buren, federal agents again used threats, bribes and liquor to secure Indian consent to one sided treaties. The federal government removed thousands of Indians, some in chains, on a trip marked by hunger, disease and death. This became known as the “trail of tears.” By the late 1840’s almost all native Americans had been moved to lands west of the Mississippi. 1877 – President Rutherford B. Hayes in a message to Congress said, “Many, if not most of our Indian wars have had their origin in broken promises and acts of injustice on our part.” In 1881 Helen Hunt Jackson further helped awaken white Americans to their shameful treatment of the Indians through her book A Century of Dishonor. 1860 – 1890’s – Plains Indians Wars – During this period Americans and plains Indians clashed as Americans attempted to force Indians onto reservations. The battles are highlighted by the Battle of Little Bighorn, where Lt. Col. George Armstrong Custer and his regiment of 250 where all killed by approximately 4500 Sioux and Cheyenne warriors and the battle at Wounded Knee where thousands of Cheyenne men, women and children were slaughtered by the American Calvary. Wounded Knee represented the end of any real armed resistance on the part of the Native American. 1887 – The Dawes Act – The act provided for the following:1. Each Indian family head be allotted a 160 acre farm out of reservation lands. 2. Each new land owner who abandoned tribal practices and adopted the “habits of civilized life” would be granted American citizenship. 3. “Surplus” reservation lands would be made available to sell to white settlers.The Dawes Act, while well intentioned, did not benefit the Indians. The lands they were assigned were poor and the concept of “Americanization” led to a destruction of Indian culture and the destruction of the traditional status of Indian women in tribal life. Finally, as a result of the “surplus” land provision the Indians lost 90 million out of 140 acres of reservation land. 1924 – Snyder Indian Citizenship Act – Granted American citizenship to all Indians born in the United States. This applied to about 1/3 of the Indian populations as the others had already applied for citizenship. 1934 – Wheeler-Howard Indian Reorganization Act – This act provided the following: 1. Ended land allotments and returned unsold lands to the Indians. 2. Authorized tribes to form corporations and launch businesses.
3. Provided for elected tribal councils with significant powers. This represented a reversal from previous policy and the restoration of tribal power.1953 – Termination Policy – This was a new sharply different policy that ended the Bureau of Indian Affairs (BIA) and all of the programs that went with it. It divided tribal property among the tribes members thus subjecting them to taxation. It also curtailed tribal self government and relocated many Indians to the cities where jobs were available. The Termination policy also ended federal responsibility and social services – education, health and welfare, to the Indians. 1970 – President Richard Milhouse Nixon recommends self determination for Indians. Indian tribes were once again brought under federal funding with the promise that federal control would be lessened. 1974 – Iroquois Nation vs. The State of New York – Claiming they have been using certain lands since 1805 Indians sue and win in federal court. The federal government is forced to be responsive to their treaty claims. 1980’s – Several Indian nations, most notably in Connecticut and New York, sue to gain autonomy (independence) on tribal reservation land. Indians win these cases paving the way for the creation of gambling operations on reservation land. Today there are casinos on several reservations providing millions of dollars of income for those tribes.