Indian reservation
An Indian reservation in the United States is an area of land held and governed by a Native American tribal nation officially recognized by the U.S. federal government. The reservation's government is autonomous but subject to regulations passed by the United States Congress, and is administered by the United States Bureau of Indian Affairs. It is not subject, however, to a state or local government of the U.S. state in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties.
The total area of all reservations is, approximately 2.3% of the total area of the United States and about the size of the state of Idaho. While most reservations are small compared to the average U.S. state, twelve Indian reservations are larger than the state of Rhode Island. The largest reservation, the Navajo Nation Reservation, is similar in size to the state of West Virginia. Reservations are unevenly distributed throughout the country, the majority being situated west of the Mississippi River and occupying lands that were first reserved by treaty from the public domain.
Because recognized Native American nations are subject to federal law, they possess limited tribal sovereignty. Thus, laws within tribal lands may vary from those of the surrounding and adjacent states. For example, these laws can permit casinos on reservations located within states which do not allow gambling. The tribal council generally has jurisdiction over the reservation, not the U.S. state in which it is located, or federal law. Court jurisdiction in Indian country is shared between tribes and the federal government, depending on the tribal affiliation of the parties involved and the specific crime or civil matter. Different reservations have different systems of government, which may or may not replicate the forms of government found outside the reservation. Most Native American reservations were established by the federal government but a small number, mainly in the East, owe their origin to state recognition.
The term "reservation" is a legal designation. It comes from the conception of the Native American nations as independent sovereigns at the time the U.S. Constitution was ratified. Thus, early peace treaties, in which Native American nations surrendered large portions of their land to the United States, designated parcels which the nations, as sovereigns, "reserved" to themselves, and those parcels came to be called "reservations". The term remained in use after the federal government began to forcibly relocate nations to parcels of land to which they often had no historical or cultural connection. Compared to other population centers in the U.S., reservations are disproportionately located on or near toxic sites hazardous to the health of those living or working in close proximity, including nuclear testing grounds and contaminated mines.
The majority of American Indians live outside the reservations, mainly in the larger western cities such as Phoenix and Los Angeles. In 2012, there were more than 2.5 million Native Americans, with 1 million living on reservations.
History
Colonial and early U.S. history
From the beginning of the European colonization of the Americas, Europeans often removed Indigenous peoples from their homelands. The means varied, including treaties made under considerable duress, forceful ejection, violence, and in a few cases voluntary moves based on mutual agreement. The removal caused many problems such as tribes losing the means of livelihood by being restricted to a defined area, poor quality of land for agriculture, and hostility between tribes.Early English settlers in the Americas entered into treaties with Native American tribes as a method of legitimizing their conquests in the face of competing claims by the Spanish Empire and violent resistance from the tribes themselves. Applying the term "treaty" to such unequal relationships may seem paradoxical from a modern perspective because in modern English, the word "treaty" usually connotes an agreement between two states of theoretically equal sovereignty, not an agreement between conquered people and a conqueror. However, in premodern times, it was common for European princes to routinely enter into unequal treaties with lesser dependent powers.
The first reservation was established by the Treaty of Easton with the colonial governments of New Jersey and Pennsylvania on August 29, 1758. Located in southern New Jersey, it was called Brotherton Indian Reservation and also Edgepillock or Edgepelick. The area was. Today it is called Indian Mills in Shamong Township.
In 1764 the British government's Board of Trade proposed the "Plan for the Future Management of Indian Affairs". Although never adopted formally, the plan established the British government's expectation that land would only be bought by colonial governments, not individuals, and that land would only be purchased at public meetings. Additionally, this plan dictated that the Indians would be properly consulted when ascertaining and defining the boundaries of colonial settlement.
The private contracts that once characterized the sale of Indian land to various individuals and groups—from farmers to towns—were replaced by treaties between sovereigns. This protocol was adopted by the United States Government after the American Revolution.
On March 11, 1824, U.S. Vice President John C. Calhoun founded the Office of Indian Affairs as a division of the United States Department of War, to solve the land problem with 38 treaties with American Indian tribes.
Letters from the presidents of the United States on Indian reservations (1825–1837)
Indian Treaties, and Laws and Regulations Relating to Indian Affairs was a document signed by President Andrew Jackson in which he states that "we have placed the land reserves in a better state for the benefit of society" with approval of Indigenous reservations before 1850. The letter is signed by Isaac Shelby and Jackson. It discusses several regulations regarding the Native Americans and the approval of Indigenous segregation and the reservation system.President Martin Van Buren negotiated a treaty with the Saginaw Chippewas in 1837 to build a lighthouse. The President of the United States of America was directly involved in the creation of new treaties regarding Indian Reservations before 1850. Van Buren stated that indigenous reservations are "all their reserves of land in the state of Michigan, on the principle of said reserves being sold at the public land offices for their benefit and the actual proceeds being paid to them." The agreement dictated that the indigenous tribe sell their land to build a lighthouse.
A treaty signed by John Forsyth, the Secretary of State on behalf of Van Buren, also dictates where indigenous peoples must live in terms of the reservation system in America between the Oneida People in 1838. This treaty allows the indigenous peoples five years on a specific reserve "the west shores of Saganaw bay". The creation of reservations for indigenous people of America could be as little as a five-year approval before 1850. Article two of the treaty claims "the reserves on the river Angrais and at Rifle river, of which said Indians are to have the usufruct and occupancy for five years." Indigenous people had restraints pushed on them by the five-year allowance.