Indian Appropriations Act
3/3/1871
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In 1871, the House of Representatives added a rider (an additional provision) to an appropriations bill, ceasing to recognize individual tribes within the United States as independent nations. This Act states "...hereafter no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty."
It ended the nearly 100-year-old practice of treaty-making between the Federal Government and Native American tribes. After the Revolutionary War, the United States had continued the European practice of negotiating treaties with the Native Peoples similarly to how they negotiated with foreign governments. This practice changed gradually over time.
In 1831, the Supreme Court case Cherokee Nation v. Georgia changed the status of Native tribes from "independent, sovereign nations" to "domestic dependent nations." Treaties, however, still followed the pattern of requiring negotiations between the U.S. Government and tribal governments and ratification by Congress. Not all negotiated treaties were ratified.
After the 1871 Indian Appropriations Act, however, all changes or additions to Native lands or status were conducted by Executive Order, Acts of Congress, or decisions of the Federal Courts. The negative effects of the Act continued for nearly a century, until Federal Indian policy dramatically changed again, encouraging Native American tribes to exercise self-governance over tribal matters. To this day federally recognized American Indian tribes and Alaska Natives retain the right of self-government and usually hold a legal position directly under the Federal Government.
It ended the nearly 100-year-old practice of treaty-making between the Federal Government and Native American tribes. After the Revolutionary War, the United States had continued the European practice of negotiating treaties with the Native Peoples similarly to how they negotiated with foreign governments. This practice changed gradually over time.
In 1831, the Supreme Court case Cherokee Nation v. Georgia changed the status of Native tribes from "independent, sovereign nations" to "domestic dependent nations." Treaties, however, still followed the pattern of requiring negotiations between the U.S. Government and tribal governments and ratification by Congress. Not all negotiated treaties were ratified.
After the 1871 Indian Appropriations Act, however, all changes or additions to Native lands or status were conducted by Executive Order, Acts of Congress, or decisions of the Federal Courts. The negative effects of the Act continued for nearly a century, until Federal Indian policy dramatically changed again, encouraging Native American tribes to exercise self-governance over tribal matters. To this day federally recognized American Indian tribes and Alaska Natives retain the right of self-government and usually hold a legal position directly under the Federal Government.
This primary source comes from the General Records of the United States Government.
Full Citation: Indian Appropriations Act; 3/3/1871; Enrolled Acts and Resolutions of Congress, 1789 - 2011; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC. [Online Version, https://www.docsteach.org/documents/document/indian-appropriations-act, March 25, 2023]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
