Native Peoples of North America Season 1 Episode 16 American Indians and the Law, 1883-1903

American Indians and the Law, 1883-1903 is the sixteenth episode of the first season of Native Peoples of North America, a documentary series that explores the history and culture of the indigenous peoples of North America. In this episode, the focus is on the legal challenges faced by American Indians during a period of significant change in the United States government's policy towards them.

The episode begins by setting the historical context, with the passage of the General Allotment Act of 1887, also known as the Dawes Act. This legislation was intended to force American Indians to assimilate into American culture by breaking up their communal land holdings and distributing individual allotments to tribal members. The act also sought to end tribal sovereignty and make American Indians into individual citizens subject to federal and state law.

The effect of the Dawes Act was devastating for many American Indian communities, as they lost large portions of their land, often to white settlers who quickly established farms and ranches on the newly available territory. The episode discusses the legal challenges that American Indians faced in trying to maintain their rights to their traditional lands and to their sovereignty as separate nations.

One significant legal challenge during this period was the case of Lone Wolf v. Hitchcock, which was decided by the United States Supreme Court in 1903. The case involved a challenge by the Kiowa Chief Lone Wolf to the provisions of the Dawes Act that allowed the federal government to take Indian land without the consent of the tribes. Lone Wolf argued that this violated the treaty agreements between the Kiowa and the United States government, which promised to protect their land and sovereignty.

The episode explores the legal arguments made by both sides in the Lone Wolf case and examines the implications of the Supreme Court's decision, which upheld the power of the federal government to abrogate Indian treaties without the consent of the tribes. This decision had far-reaching consequences for American Indians, as it effectively allowed the federal government to continue taking Indian land and undermining tribal sovereignty.

The episode also looks at the role of American Indian activists and legal advocates during this period, such as Sarah Winnemucca and Standing Bear. These individuals sought to challenge the assumptions underlying the Dawes Act and to assert the rights of American Indians to their traditional lands and their cultural heritage. The episode highlights their struggles and the impact that their activism had on American Indian communities.

Throughout the episode, viewers are introduced to the complex and often contradictory legal landscape facing American Indians during this period. The Dawes Act was just one of several laws and policies that sought to assimilate American Indians into American culture while also undermining their rights and sovereignty. The episode shows how American Indians used the legal system to push back against these challenges and to assert their own rights and autonomy.

Overall, American Indians and the Law, 1883-1903 is a thought-provoking episode that sheds light on an important and often overlooked period of American history. It shows how the legal system was used to perpetuate injustices against American Indians while also providing a glimpse into the resilience and determination of these communities in the face of adversity.