19.3.2 Domestic Dependent Nations

The legal status of Native nations was greatly influenced by several paternalistic rulings by the US Supreme Court in the 1830s. Three rulings known as the Marshall court trilogy (Johnson v. M’Intosh, 1823; Cherokee Nation v. Georgia, 1831; Worcester v. Georgia, 1832) determined that tribal peoples were domestic sovereign nations within the United States and dependent on the federal government to guarantee their sovereignty. These rulings meant that all reservations were “federal lands,” not part of the states, with the federal government as the administrator. Native rights, therefore, must be given through federal authorities or named in treaties with the federal government.

This state of dependency has caused much consternation among Native peoples ever since. As “domestic dependent nations,” many aspects of tribal societies—including management of money, land, education, health care, and other programs—have been administered by the federal government. Beyond the question of the appropriateness of this arrangement, there have been innumerable documented cases of Native peoples not receiving the services or funds they were promised. Between 1910 and the 1980s, Native peoples filed hundreds of civil cases against the federal government for mismanagement of service, land, and money. By the 1940s, there were so many cases that the federal government established a special jurisdictional court, the Indian Claims Commission, to deal with the volume of lawsuits. Under the Indian Claims Commission, many cases were consolidated to make the process more efficient. Originally planned to exist for 10 years, the court was extended into the 1970s, as hundreds of cases had been filed and it was taking decades to decide many of them. The Klamath tribe, for example, filed seven Indian Claims lawsuits for mismanagement of the money they earned through logging operations. The Klamath cases were combined and decided in the 1950s, with some payouts from their lawsuits extending into the 1960s. The Indian Claims Commission ended in 1978, having cleared 546 dockets and named 342 awards totaling $818,172,606.64.

One example of a successful Indian Claims case (number K-344) involved California tribal members of groups called the Mission Indians and other tribes from Northern California. These tribes had signed 18 treaties with the federal government in 1851. The treaties were never ratified, and as such, the tribes were never paid for their lands. After the treaties were found hidden in the vast record collections of the National Archives in 1905, the California tribes began working on a case for payment for the lands, for which they filed suit in 1928. The first case was not decided until 1942, with the court declaring that “the Indians of California consist of wandering bands, tribes, and small groups, who had been roving over the same territory during the period under the Spanish and Mexican ownership, before the [1848] treaty between Mexico and the United States whereby California was acquired by the United States” (Indians of California ex rel. U. S. Webb v. United States, 98 Ct. Cl. 583, 1942) This decision meant that the tribes were determined not to have a case for the return of lands and could only ask for cash payments. A second case was decided in 1964. Payments from both cases did not come until 1969, when the court gave the tribes 47 cents per acre for the 64 million acres of California lands they had once occupied, a total of $29.1 million. Court awards were subject to political maneuvering and arbitration within the House of Representatives over how much the tribes would actually receive. In the case of K-344, the award amount was based on the value of the lands in 1851, which had skyrocketed in value over the more than a century that had passed. Many tribal members were very upset by the paltry sum awarded for the wealthy lands of California.