Indian claims commission
Encyclopedia
The Indian Claims Commission was a judicial panel for relations between the United States Federal Government and Native American tribes. It was established in 1946 by the United States Congress
to hear claims of Indian tribes against the United States. The commission was conceived as way to thank Native America for its unprecedented service in World War II
and as a way to relieve the anxiety and resentment caused by America’s history of colonization of Indigenous peoples. The Commission created a process for tribes to address their grievances against the United States, and offered monetary compensation for territory lost as a result of broken federal treaties. However, by accepting the government's monetary offer, the aggrieved tribe abdicated any right to raise their claim again in the future, and on occasion gave up their federal status as a tribe after accepting compensation.
Anthropologists, historians and legalists as well as government officials were the dominant researchers, advocates and legal counsel for the plaintiff tribes and the defendant federal government. Anthropological research
conducted for the Commission led towards the foundation of the American Society for Ethnohistory (ASE), when the research and historical reports compiled in evidence for Native American claims was first amassed in 1954 at the inaugural Ohio Valley Historic Indian Conference, the predecessor organization later renamed as the ASE. A collection of the studies was published in the series "American Indian Ethnohistory", by Garland Publishing, in 1974. The methodology and theory of ethnohistorical research
in general traces back to the work done by anthropologists and other scholars on claims before the Commission.
The Commission also encouraged many neglected Indian groups in Southeast, the Northeast and California to create tribal organizations in order to pursue land claims. In particular, the 1946 act allowed any "identifiable" group of native descendants to bring a cause of action without regard to their federal recognition status. Tribes such as the Poarch Band of Creek Indians of Alabama trace their modern federal status to the efforts of Chief Calvin McGhee and his 1950s work with the Indian Claims Commission. Indian land claims, in fact, were one of the key reasons the Bureau of Indian Affairs established its Federal Acknowledgment Process in 1978.
The Commission was adjourned in 1978 by Public Law 94-465, which terminated the Commission and transferred its pending docket of 170 cases to the United States Court of Claims
on September 30, 1978. By the time of the Commission's final report, it had awarded $818,172,606.64 in judgments and had completed 546 dockets.
, and the Teton and Lakota of the Black Hills, South Dakota. In a few instances, by way of settlement acts, tribes gained some monetary funds to buy acreage (as with the Penobscot and Passamoddy of Maine
and the Catawba of the Carolinas). Special acts on occasion did restore some acreage as with the Havasupai at the Grand Canyon
.
Researchers in preparing expert testimony for litigation brought by the tribes as plainiffs or for the defense by the U. S. government explored all forms of data, including the earliest possible maps of original title—i. e., native or indigenous—territory and the cartographic presentations based upon treaties, statutes, and executive orders—generally identified as recognized title. In most cases, recognized title lands could be more easily demonstrated in litigation, while native territory depended upon Indian informants, explorers, trappers, military personnel, missionaries and early field ethnographers. Scholars sought to reconstruct native ecology in terms of food supply and other resources of the environment. In this way, some mappable notion of original territory could be gained. As the Final Report of the ICC revealed, compromises over territorial parcels led to rejecting some acreage that had been utilized by more than one tribe.
The briefs, testimonies, quantum data, findings, and decisions were published in the 1970s in a multiple series of microfiche by Clearwater Publishing, Co., NY, which publisher was sold to CIS, then to Nexis/Lexis. Garland Publishing, NY, also in the 1970s, published some two hundred books containing some but not all of the materials pertaining to the claims cases.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to hear claims of Indian tribes against the United States. The commission was conceived as way to thank Native America for its unprecedented service in World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
and as a way to relieve the anxiety and resentment caused by America’s history of colonization of Indigenous peoples. The Commission created a process for tribes to address their grievances against the United States, and offered monetary compensation for territory lost as a result of broken federal treaties. However, by accepting the government's monetary offer, the aggrieved tribe abdicated any right to raise their claim again in the future, and on occasion gave up their federal status as a tribe after accepting compensation.
Anthropologists, historians and legalists as well as government officials were the dominant researchers, advocates and legal counsel for the plaintiff tribes and the defendant federal government. Anthropological research
Anthropology
Anthropology is the study of humanity. It has origins in the humanities, the natural sciences, and the social sciences. The term "anthropology" is from the Greek anthrōpos , "man", understood to mean mankind or humanity, and -logia , "discourse" or "study", and was first used in 1501 by German...
conducted for the Commission led towards the foundation of the American Society for Ethnohistory (ASE), when the research and historical reports compiled in evidence for Native American claims was first amassed in 1954 at the inaugural Ohio Valley Historic Indian Conference, the predecessor organization later renamed as the ASE. A collection of the studies was published in the series "American Indian Ethnohistory", by Garland Publishing, in 1974. The methodology and theory of ethnohistorical research
Ethnohistory
Ethnohistory is the study of ethnographic cultures and indigenous customs by examining historical records. It is also the study of the history of various ethnic groups that may or may not exist today....
in general traces back to the work done by anthropologists and other scholars on claims before the Commission.
The Commission also encouraged many neglected Indian groups in Southeast, the Northeast and California to create tribal organizations in order to pursue land claims. In particular, the 1946 act allowed any "identifiable" group of native descendants to bring a cause of action without regard to their federal recognition status. Tribes such as the Poarch Band of Creek Indians of Alabama trace their modern federal status to the efforts of Chief Calvin McGhee and his 1950s work with the Indian Claims Commission. Indian land claims, in fact, were one of the key reasons the Bureau of Indian Affairs established its Federal Acknowledgment Process in 1978.
The Commission was adjourned in 1978 by Public Law 94-465, which terminated the Commission and transferred its pending docket of 170 cases to the United States Court of Claims
United States Court of Claims
The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855 as the Court of Claims, renamed in 1948 to the United States Court of Claims , and abolished in 1982....
on September 30, 1978. By the time of the Commission's final report, it had awarded $818,172,606.64 in judgments and had completed 546 dockets.
Land Claims
Land was the dominant concern of the litigation by tribes before the Indian Claims Commission (ICC). The statutory authority did not permit this tribunal granting or restoring land to the tribes, but only awarding money based upon a net acreage figure of lost lands times the monetary market value of an acre at the time of taking. This limitation on the authority of the ICC rankled in the minds of many tribal peoples—e. g., the Pit River Indians of northern CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, and the Teton and Lakota of the Black Hills, South Dakota. In a few instances, by way of settlement acts, tribes gained some monetary funds to buy acreage (as with the Penobscot and Passamoddy of Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
and the Catawba of the Carolinas). Special acts on occasion did restore some acreage as with the Havasupai at the Grand Canyon
Grand Canyon
The Grand Canyon is a steep-sided canyon carved by the Colorado River in the United States in the state of Arizona. It is largely contained within the Grand Canyon National Park, the 15th national park in the United States...
.
Researchers in preparing expert testimony for litigation brought by the tribes as plainiffs or for the defense by the U. S. government explored all forms of data, including the earliest possible maps of original title—i. e., native or indigenous—territory and the cartographic presentations based upon treaties, statutes, and executive orders—generally identified as recognized title. In most cases, recognized title lands could be more easily demonstrated in litigation, while native territory depended upon Indian informants, explorers, trappers, military personnel, missionaries and early field ethnographers. Scholars sought to reconstruct native ecology in terms of food supply and other resources of the environment. In this way, some mappable notion of original territory could be gained. As the Final Report of the ICC revealed, compromises over territorial parcels led to rejecting some acreage that had been utilized by more than one tribe.
The briefs, testimonies, quantum data, findings, and decisions were published in the 1970s in a multiple series of microfiche by Clearwater Publishing, Co., NY, which publisher was sold to CIS, then to Nexis/Lexis. Garland Publishing, NY, also in the 1970s, published some two hundred books containing some but not all of the materials pertaining to the claims cases.
External links
- Indian Claims Commission decisions digitized by Oklahoma State University Library
- http://www.nps.gov/history/Nagpra/DOCUMENTS/ClaimsMAP.htm --an online edition of the finalmap: "Indian Land Areas Judicially Established,1978.