Tribal Criminal Jurisdiction

When Europeans encountered the Native Americans, the encounter was fraught with difficulties for both sides, for the Native Americans more so than the Europeans. Europeans conquered the Native Americans, forced them into labor, and spread diseases which the Native Americans had no resistance to. In addition to this the Europeans considered themselves superior to the Native Americans. Despite this, the Europeans and Native Americans, both had things the other wanted and so they often engaged in trade with each other. However, the Native Americans thought that, despite not having the luxuries the Europeans had, they were better off than the Europeans. This sentiment is exemplified in “Your People Live Only Upon Cod” by French priest Chrestian LeClerq who was traveling with the Micmac Indians. It is a documented response by an unknown Micmac leader to European, particularly French, claims of superiority. In analyzing this document, we will find that the cultures of the French and the Micmac were vastly different. We will also discover what the Micmac and the French thought of each other.

In the 17th century, the Native Americans had been living peacefully in their own little world, until suddenly, the British come upon this land. Little did the British know, tribes of natives already lived there. The countenance of the Native Americans did not go over very well. There was tension between the English and the Native Americans. For example, they fought over the land of the “New World”. As expected, the Natives were fearful and angry when foreigners showed up and proposed new religious beliefs. The British and the Native Americans’ relationship changed due to those coming over for religious freedom and economic prosperity.

The Indian Act was created in 1876 and has been amended many times through history. The Act was created by European settlers under the British crown in order to assert control over the Indigenous people of Canada. It developed into the takeover of Indigenous land, imposed the rule of the Crown on Indigenous affairs, openly allowed discrimination, and restricts hunting. Also, the act implemented the abolishment of band councils, entrapment within harsh reserve living conditions, the creation of residential schools, the constraint on traditions, culture, ceremonies, and the systematic growth of cultural genocide. This racist relic has imposed a great deal of injustice towards Indigenous people. It establishes a “us v. them” mentality and separates

From the very first interaction, the social and political relations between the Native Americans and the Europeans had begun with much tension. Many Europeans came to the Americas with the intention of discovery. However, when it became apparent that these new lands were inhibited the motives changed, and then the natives were colonized, abused, and in many cases killed. From then and throughout the impending periods of time, the relations between the natives and the Europeans had a few points of mutual peacefulness, but were overall negative.

Europeans lived a much more modern way of life than the primitive lifestyle of Native Americans. Europeans referred to themselves as “civilized” and regarded Native Americans as “savage,” “heathen,” or “barbarian.” Their interaction provoked by multiple differences led to misunderstanding and sometimes conflict. These two cultures, having been isolated from one another, exhibited an extensive variation in their ideals. Europeans and Native Americans maintained contradictory social, economic, and spiritual practices.

Beginning in the sixteenth century, Europeans made the voyage to a “new world” in order to achieve dreams of opportunity and riches. In this other world the Europeans came upon another people, which naturally led to a cultural exchange between different groups of people. Although we commonly refer to European and Indian relations as being between just two very different groups of people, it is important to recognize this is not entirely true. Although the settlers of the new world are singularly referred to as Europeans, each group of people came from a different nation and with different motives and expectations of the new world. Similarly, the Indians were neither a united group nor necessarily friendly with each other. Due to the

Throughout the course of history there have been numerous accounts regarding Native American and European interaction. From first contact to Indian removal, the interaction was somewhat of a roller coaster ride, leading from times of peace to mini wars and rebellions staged by the Native American tribes. The first part of this essay will briefly discuss the pre-Columbian Indian civilizations in North America and provide simple awareness of their cultures, while the second part of this essay will explore all major Native American contact leading up to, and through, the American Revolution while emphasizing the impact of Spanish, French, and English explorers and colonies on Native American culture and vice versa. The third, and final, part of this essay will explore Native American interaction after the American Revolution with emphasis on westward expansion and the Jacksonian Era leading into Indian removal. Furthermore, this essay will attempt to provide insight into aspects of Native American/European interaction that are often ignored such as: gender relations between European men and Native American women, slavery and captivity of native peoples, trade between Native Americans and European colonists, and the effects of religion on Native American tribes.

The colonisation of North America by the Europeans became one of the most crucial points for the native North Americans. The differing experiences of contact between both cultures had overwhelmingly disastrous impacts on the normal way of life. From such contact arose the issue of land disputes, in turn resulting in massacres and frontier wars which could have otherwise been unnecessary. The factors stated above provide a suitable stimulus for a discussion in regards to the varying encounters of the Indigenous North Americans.

Throughout Indian Country tribes have their own courts to address legal matters. However, the Navajo Nation has a court system that stands apart from other tribes. Howard L. Brown Esq. wrote, “The Navajo Nation’s Peacemaker Division: An Integrated Community-Based Dispute Resolution Forum” which was published in the American Indian Law Review 1999-2000 issue and was reprinted in the May/July 2002 issue of Dispute Resolution Journal. As a former judicial law clerk for the Supreme Court of the Navajo Nation, Brown gained firsthand experience with the Peacemaker Division within the Navajo Nation’s Judicial Branch. He details the history, development and ceremonies associated with this resolution forum. Two

In the early 1800’s, The United States and Spain had continuously argued with the Native people. The Louisiana Territory was purchased from France in the year 1803, Americans continued to push farther west for fertile land that could be used for farming. Due to overcrowding of eastern cities like New York City and Boston many settlers moved out west for a new start. It allowed for colonists to spread out and own untouched fertile land. When white settlers arrived they had realized that most of the land acquired from the territory was occupied by Native Americans for thousands of years. For decades Americans had thought that the land west of the Appalachian Mountains were unoccupied, but they were wrong. There were many tribes that had occupied this land. This included tribes like, The Choctaw, Cherokee, and The Chickasaw. In a sense, Americans had violent outbreaks with the Natives the minute the colonists’ had arrived in the United State. As the colonists’ tried to establish complete dominance and superiority over the Indians, ongoing heated debates over land ownership, and demanding requests to satisfy greed made forceful attacks between the groups unavoidable.

In 1492, Christopher Columbus sailed west and found himself on the shores of a new world. His mission was to secure new land for Spain. Other European countries heard of his findings, they too crossed the ocean in hopes of securing new opportunities in this newly discovered land such as fur trading and gold mining. Little did they know that a community of indigenous people had already settled in this land thousands of years before. The Europeans decided to negotiate with the natives in order to set up their own communities in the land but the Native Americans held beliefs about society and religion that were far different from their European peers. Europeans thought the Indians to be “Noble Savages, gentle and friendly, but uncivilized, brutal, and barbaric” (citation). They could not see past their own

The Market Revolution adversely affected the liberty of Native Americans residing within the United States because they were seen as an obstacle to the country’s economic progress. As the Market Revolution ideas of commerce and expansion took hold in the minds of the people, these white citizens shared the view that Native Americans were hindering the goal of expansion. The citizens believed it was their God-sanctioned right to settle the West (Manifest Destiny) and the Native Americans stood in the way. Conflicts with Native Americans have existed in America since the first settlers, but with the increased emphasis on commerce and development brought by the Market Revolution, the relations worsened. In 1823, during the case of Johnson v M’Intosh, the Supreme Court claimed that Native Americans only had the “right of occupancy” on their land, and that they did not own it. In 1830, under Jackson’s administration, the Indian Removal Act was created which tried to move the 5 Civilized Tribes out of their lands.

To better understand the conflict between the Europeans and the Native Americans, one must closely examine the state of Europe’s economy at the time. Europe struggled with difficult conditions. This included poverty, violence and diseases like typhus, smallpox, influenza and measles. There were widespread famines which caused the prices of products to vary and made life very difficult in Europe. Street crimes and violence were prevalent in cities: “Other eruption of bizarre torture, murder, and ritual cannibalism were not uncommon”.2 Europeans

When Europeans first set foot upon the shores of what is now the United States they brought with them a social structure which was fundamentally based around their concept and understanding of Western European Christianity. That the indigenous peoples might already have a thriving civilization, including religious beliefs and practices, that closely paralleled the beliefs and practices of European civilization, was a concept not considered by these early explorers and settlers. This European lack of cultural understanding created tensions, between Native Americans and Europeans, and later between Native Americans and Euro-Americans, that eventually erupted into open warfare and resulted in great bloodshed between cultures. For the Lakota

Alaska faces a variety of different problems. One of the main concerns of Alaskans is the abuse of drugs and alcohol (Alcohol and Drug Abuse). Abusing these substances causes a lot of wrongdoing in communities and creates obstacles that dramatically affect the people of Alaska, especially in rural areas. Tribal courts across the state attempt to resolve these problems by establishing an array of different rules and regulations to help protect the Alaskan people. Without community support- change is not ensured (Tanana Chiefs 95).