Indian Tribes Essay

It is no surprise that American Indian tribes are mentioned in our Constitution. Indian tribes have always played a major part in the non-Indian exploration, settlement, and development of this country. When Christopher Columbus thought he had discovered the “New World” in 1492, it is estimated that 10-30 million native people lived in North America, that is, in the present day countries of Mexico, United States and Canada. These millions of people lived under governments of varying sophistication and complexity. These native governments were viable and fully operational political bodies which controlled their citizens and their territories and were an important factor in the development of the United States government we live under today.

From the very beginning of its existence, the U.S. dealt with Indian tribes on an official governmental and treaty making basis. Political involvement in Indian affairs was a very important part of governmental life in early America. Indian tribes were very powerful in the 1700s and early 1800s in America and were a serious threat to the new United States. Hence, the United States government was heavily involved in negotiating and dealing with tribes as part of its governmental policies. The United States ultimately negotiated, signed and ratified almost 390 treaties with American Indian tribes. Most of these treaties are still valid today. The United States did not give Indian tribes anything for free in these treaties. Instead, the treaties were formal government to government negotiations regarding sales of land and property rights that the tribes owned and that the United States wanted to buy. The United States Supreme Court stated in 1905 that United States and Indian treaties are “not a grant of rights to the Indians, but a grant of rights from them — a reservation of those not granted.” Thus, while tribal governments sold some of their rights in land, animals, and resources to the United States for payments of money, goods, and promises of peace and security, the tribes held onto or reserved to themselves other lands and property rights that they

This Congress also had to manage Indian affairs and keep the tribes from fighting against the United States. The new Congress also sent diplomatic representatives to the tribes and promised friendship and peace, and ultimately it signed eight treaties with Indian tribes between 1781-1789, including treaties with the Iroquois Confederacy, the Cherokee Tribe, the Shawnee Tribe and numerous other tribes. However, this Congress’ power in Indian affairs was limited because the Articles of Confederation did not clearly give this Congress the exclusive power to deal with tribes. Thus, various states meddled in Indian affairs and actually caused wars between tribes and Georgia and South Carolina, for example, because the states were trying to steal Indian lands. The problems caused by states getting involved in Indian affairs led many people to call for the formation of a new and stronger United States government wherein the exclusive power over Indian affairs would be placed only in the hands of the national government and would be taken completely away from the