Federal Indian policy

Federal Indian policy establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Some scholars divide the federal policy toward Indians in six phases: coexistence (1789-1828), removal and reservations (1829–86), assimilation (1887-1932), reorganization (1932–45), termination (1946–60), and self-determination (1961–85).

The Indian Intercourse Act of 1790 marked the beginning of the Trade and Intercourse era. This act established that no sales of Indian lands were to be made between any persons or states unless the sale was authorized by the United States. The United States federal government was then granted management of trade and diplomatic relations that involved Indians and their lands. The main goal of establishing the Trade and Intercourse Act was to keep peace on the frontier and avoid war with the Natives. During the Trade and Intercourse Era, the Natives were also included within the United States government, to some degree, by the establishment of the Bureau of Indian Affairs (BIA) within the War Department in 1824. However, land disputes and law jurisdiction cases began to appear frequently in the United States Supreme Court. It was concluded that, "discovery also gave the discoverer the exclusive right to extinguish Indian title either by 'purchase or by conquest'." Natives were recognized only as occupants of the land, and not owners.

The federal government was in charge of relations with the Indians, and the procedure was to use the treaty making power of the president and the Senate to make formal arrangements. Over 200 treaties were agreed upon by 1840. Gatlin argues that treaties established a procedure that benefited both parties. The federal government was primarily interested in guaranteeing that Indian lands did not fall into private hands, and that it handled all negotiations with the tribes. These negotiations, says Gatlin, strengthened the tribes sense of unity and leadership. The land sales gave the Indians a steady flow of income, and guarantees of federal financial, medical, and educational aid.

Many of the treaties remain in effect and are of special importance regarding federal recognition of tribal status, hunting and fishing rights, rights to protection of sacred properties, rights to water and minerals, and land claims. The federal courts have a long, continuous history of litigation on these issues. The Supreme Court endorsed the procedure, with over 300 decisions making reference to Indian treaties after 1799.

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