American Indian boarding schools - Wikipedia
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Sandoval the court set many precedents and provided building blocks for much of the new legislation concerning Native Americans. One of the basic decisions that had to be made in most of these cases was how to classify the Indian nations and what rights they were to have. Hitchcock provides an excellent example of the implementation of the paternal view of Native Americans as it refers back to the idea of Indians as "wards of the nation.
As new legislation tried to force the American Indians into becoming just Americans, the Supreme Court provided these critical decisions. Native American nations were labeled "domestic dependent nations" by Marshall in Cherokee Nation v. Georgiaone of the first landmark cases involving Indians. Decisions focusing on dependence[ edit ] United States v.
Kagama set the stage for the court to make even more powerful decisions based on plenary power. To summarize congressional plenary power, the court stated: The power of the general government over these remnants of a race once powerful, now weak and diminished in numbers, is necessary to their protection, as well as to the safety of those among whom they dwell.
It must exist in that government, because it never has existed anywhere else; because the theater of its exercise is within the geographical limits of the United [ U. Kagama led to the new idea that "protection" of Native Americans could justify intrusion into intratribal affairs.
The Supreme Court and Congress were given unlimited authority with which to force assimilation and acculturation of Native Americans into American society. Nicewas a result of the idea of barring American Indians from the sale of liquor. While many tribal governments had long prohibited the sale of alcohol on their reservations, the ruling implied that American Indian nations could not be entirely independent, and needed a guardian for protection.
Sandoval[ edit ] Like United States v. Sandoval rose from efforts to bar American Indians from the sale of liquor.
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As American Indians were granted citizenship, there was an effort to retain the ability to protect them as a group which was distinct from regular citizens. The Sandoval Act reversed the U. Joseph decision ofwhich claimed that the Pueblo were not considered federal Indians. The ruling claimed that the Pueblo were "not beyond the range of congressional power under the Constitution". The ruling continued to suggest that American Indians needed protection.
Decisions focusing on sovereignty[ edit ] There were several United States Supreme Court cases during the assimilation era that focused on the sovereignty of American Indian nations. These cases were extremely important in setting precedents for later cases and for legislation dealing with the sovereignty of American Indian nations.
The defendant was an American Indian who had been found guilty of the murder of another American Indian. Crow Dog argued that the district court did not have the jurisdiction to try him for a crime committed between two American Indians that happened on an American Indian reservation. The court found that although the reservation was located within the territory covered by the district court's jurisdiction, Rev.
Section stated that Rev. The Court issued the writs of habeas corpus and certiorari to the Indian. Mayes was a decision respecting the authority of tribal governments.
This case decided that the individual rights protections, specifically the Fifth Amendment, which limit federal, and later, state governments, do not apply to tribal government.
It reaffirmed earlier decisions, such as the Cherokee Nation v.
Georgia case, that gave Indian tribes the status of "domestic dependent nations", the sovereignty of which is independent of the federal government. Mayes is also a case dealing with Native American dependence, as it deliberated over and upheld the concept of congressional plenary authority. This part of the decision led to some important pieces of legislation concerning Native Americans, the most important of which is the Indian Civil Rights Act of The question arose of whether or not the United States Supreme Court had jurisdiction over this issue.
In an effort to argue against the Supreme Court having jurisdiction over the proceedings, the defendant filed a petition seeking a writ of certiorari.
This request for judicial review, upon writ of error, was denied. The court held that a conviction for murder, punishable with death, was no less a conviction for a capital crime by reason even taking into account the fact that the jury qualified the punishment. The American Indian defendant was sentenced to life in prison. United States [ edit ] This United States Supreme court case came about when the surviving partner of the firm of E.
It was believed that the livestock was taken by "Victorio's Band" which was a group of these American Indians. It was argued that the group of American Indians who had taken the livestock were distinct from any other American Indian tribal group, and therefore the Mescalero Apache American Indian tribe should not be held responsible for what had occurred.
After the hearing, the Supreme Court held that the judgment made previously in the Court of Claims would not be changed. This is to say that the Mescalero Apache American Indian tribe would not be held accountable for the actions of Victorio's Band. This outcome demonstrates not only the sovereignty of American Indian tribes from the United States, but also their sovereignty from one another. One group of American Indians cannot be held accountable for the actions of another group of American Indians, even though they are all part of the American Indian nation.
Winans [ edit ] In this case, the Supreme Court ruled in favor of the Yakama tribe, reaffirming their prerogative to fish and hunt on off-reservation land. Further, the case established two important principles regarding the interpretation of treaties. First, treaties would be interpreted in the way Indians would have understood them and "as justice and reason demand".
Political rights reserved to the Indian nations include the power to regulate domestic relations, tax, administer justice, or exercise civil and criminal jurisdiction. United States was a case primarily dealing with water rights of American Indian reservations.
This case clarified what water sources American Indian tribes had "implied" rights to put to use. The reservation had been created without clearly stating the explicit water rights that the Fort Belknap American Indian reservation had. This became a problem once non-Indian settlers began moving into the area and using the Milk River as a water source for their settlements.
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After the case was tried, the Supreme Court came to the decision that the Fort Belknap reservation had reserved water rights through the agreement which had created the American Indian Reservation in the first place.
This case was very important in setting a precedent for cases after the assimilation era.
It was used as a precedent for the cases Arizona v. WashingtonWashington v. United States, Cappaert v. United States, United States v.
New Mexico, and Arizona v.
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Trapp [ edit ] As more Native Americans received allotments through the Dawes Actthere was a great deal of public and state pressure to tax allottees. However, in the United States Supreme court case Choate v. TrappU. United States [ edit ] This United States Supreme Court case resulted when a defendant appealed the decision on his case.
The defendant filed a writ of error to obtain review of his conviction after being convicted of unlawfully introducing intoxicating liquor into an American Indian reservation.
This act was found a violation of the Act of Congress of January 30,ch. The defendant's appeal stated that the district court lacked jurisdiction because the offense for which he was convicted did not occur in American Indian country.
The defendant had been arrested while traveling on a train that had just crossed over from American Indian country. The defendant's argument held and the Supreme Court reversed the defendant's conviction remanding the cause to the district court with directions to quash the indictment and discharge the defendant.
The case dealt with adultery committed on a Sioux Indian reservation. The district court had held that adultery committed by an Indian with another Indian on an Indian reservation was not punishable under the act of March 3,c. This decision was made because the offense occurred on a Sioux Indian reservation which is not said to be under jurisdiction of the district court. The United States Supreme Court affirmed the judgment of the district court saying that the adultery was not punishable as it had occurred between two American Indians on an American Indian reservation.
Boarding school Non-reservation boarding schools[ edit ] InFr. Andrew White of the Society of Jesus established a mission in what is now the state of Marylandand the purpose of the mission, stated through an interpreter to the chief of an Indian tribe there, was "to extend civilization and instruction to his ignorant race, and show them the way to heaven".
Mary's, and the Indians were sending their children there "to be educated among the English". The same records report that in"a school for humanities was opened by our Society in the centre of [Maryland], directed by two of the Fathers; and the native youth, applying themselves assiduously to study, made good progress.
Maryland and the recently established school sent two boys to St. Omer who yielded in abilities to few Europeans, when competing for the honour of being first in their class. So that not gold, nor silver, nor the other products of the earth alone, but men also are gathered from thence to bring those regions, which foreigners have unjustly called ferocious, to a higher state of virtue and cultivation.
From the time of its foundation it offered the first classes for Native American girls, and would later offer classes for female African-American slaves and free women of color. Male Carlisle School Students Pratt was encouraged by the progress of Native Americans whom he had supervised as prisoners in Florida, where they had received basic education.
When released, several were sponsored by American church groups to attend institutions such as Hampton Institute. He believed education was the means to bring American Indians into society.
Pratt professed "assimilation through total immersion". Because he had seen men educated at schools like Hampton Institute become educated and assimilated, he believed the principles could be extended to Indian children. Immersing them in the larger culture would help them adapt. In addition to reading, writing, and arithmetic, the Carlisle curriculum was modeled on the many industrial schools: In the summer, students were assigned to local farms and townspeople for boarding and to continue their immersion.
They also provided labor at low cost, at a time when many children earned pay for their families. Carlisle and its curriculum became the model for schools sponsored by the Bureau of Indian Affairs. By there were twenty-five federally funded non-reservation schools across fifteen states and territories with a total enrollment of over 6, Although federal legislation made education compulsory for Native Americans, removing students from reservations required parental authorization.
Officials coerced parents into releasing a quota of students from any given reservation. They were usually given new haircuts, uniforms of European-American style clothes, and even new English names, sometimes based on their own, other times assigned at random. They could no longer speak their own languages, even with each other. They were expected to attend Christian churches. Their lives were run by the strict orders of their teachers, and it often included grueling chores and stiff punishments.
Additionally, infectious disease was widespread in society, and often swept through the schools. This was due to lack of information about causes and prevention, inadequate sanitation, insufficient funding for meals, overcrowded conditions, and students whose resistance was low.
An Indian boarding school was one of many schools that were established in the United States during the late 19th century to educate Native American youths according to American standards. In some areas, these schools were primarily run by missionaries. Especially given the young age of some of the children sent to the schools, they have been documented as traumatic experiences for many of the children who attended them.
They were generally forbidden to speak their native languages, taught Christianity instead of their native religions, and in numerous other ways forced to abandon their Indian identity and adopt American culture. Many cases of mental and sexual abuse have been documented, as in North Dakota. The Tent Embassy was given heritage status inand celebrated its 40th anniversary in making it the longest, unanswered protest camp in the world.
The Indigenous population continued to decline, reaching a low of 74, in before numbers began to recover. Bypopulation numbers had reached pre-colonisation levels, and in there were aroundIndigenous Australians. Despite the Commonwealth Franchise Actwhich excluded "Aboriginal natives of Australia, Asia, Africa and Pacific Islands except New Zealand" from voting unless they were on the roll beforeSouth Australia insisted that all voters enfranchised within its borders would remain eligible to vote in the Commonwealth, and Aboriginal and Torres Strait Islander people continued to be added to their rolls, albeit haphazardly.
Photo taken by Herbert Basedow.
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Despite efforts to bar their enlistment, over 1, Indigenous Australians fought for Australia in the First World War. Dhakiyarr was found to have been wrongly convicted of the murder of a white policeman, for which he had been sentenced to death; the case focused national attention on Aboriginal rights issues. Dhakiyarr disappeared upon release. This Freedom Ride also aimed to highlight the social discrimination faced by Aboriginal people and encourage Aboriginal people themselves to resist discrimination.
The referendum passed with Following the Woodward commission enquiry, in the Australian federal government under Gough Whitlam enacted the Aboriginal Land Rights Northern Territory Act to recognise Aboriginal Australians' system of land rights in the Northern Territory.
Inthe High Court of Australia reversed Justice Blackburn's ruling and handed down its decision in the Mabo Casedeclaring the previous legal concept of terra nullius to be invalid and confirming the existence of native title in Australia.
Indigenous Australians began to serve in political office from the s. InSir Douglas Nicholls was appointed as the 28th Governor of South Australia, the first Aboriginal person appointed to vice-regal office. In Arthur Beetson became the first Indigenous Australian to captain his country in any sport when he first led the Australian National Rugby League team, the Kangaroos.
Ina group of Pintupi people who were living a traditional hunter-gatherer desert-dwelling life were tracked down in the Gibson Desert in Western Australia and brought in to a settlement. They are believed to have been the last uncontacted tribe in Australia. Aboriginal art and artists became increasingly prominent in Australian cultural life during the second half of the 20th century. Australian tennis player Evonne Goolagong Reconciliation between non-Indigenous and Indigenous Australians became a significant issue in Australian politics in the late 20th century.
Inthe Council for Aboriginal Reconciliation was established by the federal government to facilitate reconciliation. Ina Constitutional Convention which selected a Republican model for a referendum included just six Indigenous participants, leading Monarchist delegate Neville Bonner to end his contribution to the Convention with his Jagera tribal "Sorry Chant" in sadness at the low number of Indigenous representatives.