Native Sovereignty: Diplomacy As A Political Tool

how did native peoples use diplomacy to maintain political sovereignty

Native Americans have a long history of using diplomacy to maintain their political sovereignty, dating back to before the formation of the United States. Native peoples such as the Piscataway and Nacostines lived and prospered in the region of what is now Washington, D.C., thousands of years before the arrival of European colonists. As more colonists arrived, they seized lands from Native Americans and displaced them. Native American delegates and activists have visited the White House for over two centuries to assert their autonomy and demand their rights. Diplomacy allowed Native Americans to air their grievances, negotiate their relationships, and minimize violence. Native Americans also developed relationships with the United States, maintained or ceased relations with the British Empire, and negotiated their relationships with other Native nations. They had the inherent powers of self-government, including the ability to govern and protect their citizens and lands, establish their own governmental systems, and create their own laws.

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Native Americans visited the White House to assert their autonomy and sovereignty

Native Americans have a long history of visiting the White House to assert their autonomy and sovereignty. For over two centuries, Native American delegates and activists have visited the White House to advocate for their rights and preserve their tribal sovereignty. This tradition of Native American diplomacy began with the initial meetings between President Washington, Adams, and the Cherokee representatives, which continued after the White House became the official presidential residence in 1800.

During almost every presidential administration, Native Americans have visited the White House to oppose land cessions, negotiate wartime alliances, and protect their cultural rights and resources. They have also demanded that the federal government adhere to the terms of its treaty agreements. Native American representatives pursued these objectives by appealing directly to presidents, as the chief executive was tasked with overseeing foreign affairs and empowered to make treaties with other nations.

In the summer of 1812, at the outbreak of the War of 1812, President Madison met with two separate delegations of Native Americans to discuss the conditions of the war. Many Native American nations allied with the British to preserve their territorial sovereignty and prevent American settlers from invading their lands.

In 1821-1822, a delegation from the Otoe-Missouria tribe, including Hudjihini and her husband, visited the White House to discuss the sovereignty of their people and a possible alliance with the federal government. Hudjihini, as the only woman ambassador, did not receive a peace medal, unlike the male delegates.

While executive actions have often failed to fully recognize Native American sovereignty and address past injustices, Native American nations and activists have recently had greater success through judicial proceedings. The ongoing pursuit of autonomy and sovereignty by Native Americans at the White House highlights their resilience and determination to protect their rights and preserve their cultural heritage.

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Native nations' use of diplomacy to negotiate relationships with other nations

Native nations have a long history of engaging in diplomacy to negotiate relationships with other nations, dating back to before the arrival of Europeans. Native peoples such as the Piscataway and Nacostines lived and prospered in the region now known as Washington, D.C., and practised diplomacy between themselves and with other nations.

Native nations also established diplomatic relations with European empires, which scholars have termed the 'Play-off System'. They made treaties with European governments and the United States, reserving certain rights while ceding lands. These treaties confirmed the sovereign status of Native nations within the United States. Native nations also maintained or ceased relations with the British Empire or Spain, and negotiated relationships with other Native nations.

During the early republic, diplomacy was the primary means of interaction between Native nations and between Native peoples and the federal government. Diplomacy allowed parties to air their grievances, negotiate their relationships, and minimise violence. Native nations also used diplomacy to shape the politics and policies of American communities, states, and the federal government.

Native American delegates and activists have visited the White House for over two centuries to assert their autonomy and demand environmental, economic, political, and cultural rights. They pursued these objectives by appealing directly to presidents, who had the power to make treaties with other nations. However, executive actions have often failed to fully recognise Native American sovereignty and address past injustices.

In recent times, Native American nations and activists have had greater success in achieving their goals through judicial proceedings. For example, the Indian Self-Determination Act of 1975 restored some sovereignty to tribal governments and gave them independence in handling federal funds and operating federal programs.

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Native Americans' role in shaping American politics and policy

Native Americans have played a significant role in shaping American politics and policies, particularly in the recognition and assertion of their tribal sovereignty. Tribal sovereignty refers to the inherent authority of tribes to govern themselves and preserve their cultures and traditional ways of life. Native Americans have a long history of diplomacy, with meetings between President Washington, Adams, and Cherokee representatives establishing a tradition of Native American diplomacy that continued as the White House became the centre of political interactions in 1800.

One notable example of Native Americans shaping American politics and policy is the Worcester v. Georgia case in 1832, where the U.S. Supreme Court affirmed that the Cherokee Nation was not subject to state regulation. Chief Justice John Marshall's decision recognised the Cherokee Nation as a distinct community with its own territory, setting a precedent for tribal sovereignty. This case demonstrated Native Americans' ability to shape legal interpretations of tribal sovereignty and assert their autonomy.

Native American representatives have also played a crucial role in advocating for their rights and preserving tribal sovereignty. For over two centuries, they have visited the White House to negotiate with presidents, who have the power to make treaties with other nations. These delegates have worked to oppose land cessions, protect cultural rights and resources, and demand that the federal government honour treaty agreements. Their efforts have shaped federal policies and continued to raise awareness of Native American issues.

Additionally, Native Americans have influenced American politics through their participation in elections and political processes. In the 2024 American Electorate Voter Poll, Native American voters were found to prioritise issues such as tribal sovereignty, land rights, and cultural preservation. Both major political parties have made outreach efforts to Native American voters, recognising their importance as a critical voting bloc. Native Americans have also gained representation in state legislatures, which has had a positive impact on issues such as COVID-19 outcomes and overall trust in government.

Furthermore, Native Americans have shaped policies through their resistance to settler colonisation and defence of their lands. The Anglo-Powhatan Wars, King Philip's War, and the Pueblo Revolt are examples of resistance movements that challenged European subjugation and countered claims of supremacy. These movements forced the United States to continue the British policy of treaty-making with Native American tribes, even as issues like the non-ratification of treaties and forced allotments of land continued to threaten Native sovereignty.

In conclusion, Native Americans have actively shaped American politics and policies by asserting their tribal sovereignty, engaging in diplomacy, participating in elections, and resisting colonisation. Their ongoing struggle for self-governance and the preservation of their cultures has had a significant impact on the political landscape of the United States.

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Treaties between Native nations and the US confirmed their sovereign status

From 1774 until about 1832, treaties between individual sovereign Native nations and the US were negotiated to establish borders and prescribe conditions of behaviour between the parties. The form of these agreements was nearly identical to the Treaty of Paris that ended the Revolutionary War between the US and Great Britain. The negotiations ended in a mutually signed pact that had to be approved by the US.

In 1832, the US Supreme Court affirmed that the Cherokee Nation was not subject to state regulation. Chief Justice John Marshall, writing for the court, explained that the Cherokee Nation "is a distinct community occupying its own territory ... in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves".

However, in the same year, President Andrew Jackson signed the Removal Act of 1830 into law. This Act established a process by which the President could grant land west of the Mississippi River to Native nations that agreed to give up their homelands. By the end of his presidency, Jackson had signed into law almost seventy removal treaties, resulting in the movement of nearly 50,000 eastern Native Americans to Indian Territory and the opening of millions of acres of land to white settlers.

In 1871, the House of Representatives ceased recognition of individual Native nations within the US as independent nations with whom the US could contract by treaty. This ended the nearly 100-year-old practice of treaty-making between the US and Native nations.

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Native nations' inherent powers of self-government and self-determination

In the United States, the Constitution mentions Native American tribes three times, with Article I, Section 8, Clause 3 stating that "Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes", indicating that Congress has no more power over Indian nations than over individual states. The 1832 case of Worcester v. Georgia affirmed that the Cherokee Nation was not subject to state regulation, with Chief Justice John Marshall stating that the Cherokee Nation is a "distinct community occupying its own territory".

Native nations' inherent powers of self-government include the right to form their own governments, make and enforce laws, tax, establish citizenship, license and regulate activities, zone, and exclude persons from tribal lands. However, there are limitations to these powers, including the inability to make war, engage in foreign relations, or print and issue currency.

In Canada, the Government has recognised the inherent right of self-government for Indigenous peoples in Section 35 of the Constitution Act, 1982. The Government's Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government, launched in 1995, aims to guide self-government negotiations with Indigenous communities. This process puts decision-making power into the hands of Indigenous governments, allowing them to make choices about how to protect their culture, educate their students, manage their lands, and develop economically.

Despite these recognitions and inherent powers, Native nations have faced challenges in fully exercising their sovereignty and self-determination. For example, the Indian Act in Canada, passed in 1876, imposed a colonial governance system on First Nation communities, and the United States' history of treaty-making and policy-making has often failed to fully recognise Native American sovereignty.

Frequently asked questions

Tribal sovereignty is the inherent authority of tribes to govern themselves, allowing them to preserve their cultures and traditional ways of life. It includes the right to create their own laws, set citizenship criteria, and manage their lands and resources.

Native Americans engaged in diplomacy with European empires and later with the United States to negotiate treaties and maintain their autonomy. They formed alliances, traded, and advocated for their rights and sovereignty. Native American delegates visited the White House for over two centuries to meet with presidents and assert their sovereignty.

Native American diplomacy had varying outcomes. On the one hand, it established a longstanding tradition of diplomatic relations and shaped American policies. It also led to treaties that confirmed the sovereign status of Native nations. On the other hand, violence and warfare occurred when diplomacy failed, and Native lands were often seized despite treaty agreements.

The United States Supreme Court decisions, presidential orders, and laws enacted by Congress affirmed the inherent powers of self-government for Native nations. The Indian Reorganization Act of 1934 banned the sale of Native American land and returned some lands to the tribes. The Indian Self-Determination Act of 1975 restored some sovereignty to tribal governments, granting them independence in handling federal funds and programs.

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