There have been several different eras that Federal Indian Policy has gone through, which are the following: Removal and Relocation (1828-1887), Assimilation and Allotment (1887-1934), Reorganization (1934-1953), Termination (1953-1968), and Self-Determination (1968-present). Although Indian policy has changed over time, the federal government’s underlying assumptions about Native Americans seem to have remained essentially the same. Basically, [Native Americans] would assimilate, eventually disappear because they were less civilized, and/or would be exterminated. The Jefferson Administration’s lasted from 1801-1809, and the attitude describing how it viewed Indian Policy is that of “your blood will mix with ours.” It’s important to remember that before the reservation era, the original inhabitants of this land lived full and complex lives. They formed and dissolved allegiances with other groups and even migrated across long distances in order to ensure that their members were safe and content. After all, the land provided all their needs, and they were very grateful for this. They had families, clan systems, culture, language and experienced life very differently than most people today. Before the “Discovery of America,” several Native tribes had been living throughout Montana, although many had migrated from other parts of the continent.
Montana tribes have had to face discrimination and racism from both federal and state governments, involving a variety of issues. From the beginning, all Montana tribes’ names have been mistranslated. I think this is important to note because it shows that even the very names of what tribes are called today aren’t the same as before colonization. This shows the impact of the English language on Native American tribes and its influence in the creation of a new world. Montana is currently home to twelve Native American tribes on several distinct reservations. Native American reservations in Montana include the following: Blackfoot, Crow, Flathead, Fort Belknap, Fort Peck, Northern Cheyenne, and Rocky Boy. Some reservations are inhabited by more than one tribal group. Two bands of Assiniboine reside in Montana on the Fort Peck (Assiniboine and Sioux) and Fort Belknap (Gros Ventre and Assiniboine) reservations. The Chippewa and Cree of Montana, also known as the Anishinaabe, have lived together for so long they are like one group of people, residing on the Rocky Boy reservation. As recently as 2019, the Little Shell Tribe of Chippewa Indians became a federally recognized tribe, although they have no reserved lands. The placing of multiple tribes onto one reservation has also caused lasting confusion. Histories and homelands have nearly been lost or forgotten. Montana tribes have all had to go through their own distinct journeys to reach where they are today. I will be discussing each of those journeys and how they have paralleled or contrasted the general view of Federal Indian Policy on Native American tribes in their entirety.
In the 16th and 17th centuries, Montana tribes and Europeans had little contact with each other. As Europeans made their way west over the years, that would soon change. Along with them came disease and many tribes experienced fatal smallpox epidemics. It is estimated that upwards of 80-95% of the Native American population was decimated within the first 100-150 years following 1492. Native Americans didn’t have the same immunity to disease as the Europeans may have had. Halfway through the 18th century, the Second Continental Congress created the first three Indian Commissioners: Benjamin Franklin, Patrick Henry, and James Wilson. The first French and British fur traders also appeared in western Montana around this time, including the infamous Lewis and Clark. In 1803, France sold the territory of Louisiana to the United States in what is known as the Louisiana Purchase. With this, the United States purchased from France the right to be the only purchaser of tribal lands when and if Indians ever chose to sell any land, and the sovereign and commercial rights to be the only government to trade and engage in diplomatic relationships with the tribal nations in the Louisiana Territory. This purchase included most of Montana. As settlers began to sweep across the continent, the U.S. government made treaties with Montana tribes. The Doctrine of Discovery of 1493, sometimes referred to as the international law of colonialism, established a spiritual, political, and legal justification for the colonization and seizure of land not inhabited by Christians. The Doctrine was developed primarily in the 15th century by Spain, Portugal, England, and the Church. The United States government reestablished their power over Native American tribes through the Supreme Court case, Johnson v. M’Intosh, in 1823. This decision states that “the exclusive right of the United States [government] to extinguish their [Native land ownership or] title, and to grant the soil, has never, we believe, been doubted.”
In 1825, the first treaty between the U.S. government and Montana tribes was made. The Friendship Treaty was made between the U.S. government and the Arikara, Cheyenne, Crow, Mandan, Ponca, and several bands of the Sioux. This treaty was a pledge of peace between them and the United States. Crow leader Long Hair was the tribal signatory, while Crow leader Sore Belly refused to sign. This can be seen as the first sign of U.S. governments not obtaining appropriate signatures on treaties with Montana tribes. During this time and in the decade that followed, the Marshall Trilogy rulings would take place, taking precedence over treaties that were supposed to be “the law of the land.” According to the Supremacy Clause of the Constitution of the United States, “all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.” The United States would now enter their Removal and Relocation period of Indian Policy, which removed and relocated Native American tribes from their homelands.
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