Nonintercourse Act facts for kids
The Nonintercourse Act is a group of six laws passed by the United States Congress between 1790 and 1834. These laws were created to set clear boundaries for Native American lands. They also aimed to control trade between American settlers and Native Americans.
One of the most important parts of these laws was that Native American land could not be bought or sold without the approval of the federal government. This rule was meant to protect Native American land rights. It has been a source of legal arguments for nearly 200 years. The idea behind this rule came from earlier declarations by the British King in 1763 and the US Congress in 1783.
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What the Land Law Said
The first four Nonintercourse Acts lasted for only four years each. But the Acts passed in 1802 and 1834 did not have an end date. This means they are still in effect today.
The main rule in these laws was simple:
- No land sales from Native Americans or tribes were valid.
- This was true unless the sale happened at a public meeting.
- This meeting had to be approved by the United States government.
Over time, the wording of the law changed slightly. For example, the 1793 Act added that not just land, but also "claims" to land, needed federal approval. The 1796, 1799, 1802, and 1834 Acts used similar wording. They all said that any sale, grant, lease, or other way of giving away land or land claims from Native Americans was not valid unless it was done through a treaty or agreement approved by the US government.
President Washington's View
One of the first people to explain the Nonintercourse Act was President George Washington. In 1790, after the Act was passed, he spoke to the Seneca Nation of New York.
He told them: "I know that the Six Nations have had problems selling their lands since the peace. But these problems happened before the current United States government was formed. Back then, individual states and people working for them tried to make deals with Native American tribes about their lands. But now, things are completely different. Only the general Government has the power to make agreements with Native American Nations. Any agreement made without its approval will not be valid. This is how your remaining lands will be safe. No State or person can buy your lands unless it's at a public meeting approved by the United States. The general government will never let you be cheated. It will protect all your fair rights."
Court Cases About Land Claims
Many court cases have happened because of the Nonintercourse Act. Native American tribes have used this law to try and get their ancestral lands back.
Important Cases
The first time a Native American group took a Nonintercourse Act case to the Supreme Court was in Cherokee Nation v. Georgia (1831). The Court did not make a decision on the case itself. However, in a later case, Worcester v. Georgia (1832), the Court changed its mind. It decided that the Cherokee were a sovereign nation, meaning they had the right to bring their case to the Supreme Court.
Later, in Oneida I (1974), the Supreme Court said that federal courts could hear land claims from Native American tribes based on their original land rights and violations of the Nonintercourse Act. In Oneida II (1984), the Court confirmed that tribes could sue to get their land back. They also said that common legal defenses like time limits or past agreements could not stop these claims.
Even though Oneida II was the only case where a tribe fully won a land claim, it encouraged many other tribes to file lawsuits. When tribes started winning these cases, Congress often stepped in. They would agree to end the land claims and pay the tribes money as a settlement. For example, after the Passamaquoddy Tribe won a case claiming a large part of Maine, Congress approved an $81.5 million settlement. Similar settlements happened with the Narragansett land claim and the Mohegan Tribe.
What a Tribe Needs to Prove
To win a case under the Nonintercourse Act, a Native American group usually needs to show four things:
- They are a "tribe": The group must be recognized as an Indian "tribe" under the Act. This includes both federally recognized tribes and some unrecognized ones.
- The land was tribal land: The land in question must have been tribal land when it was sold.
- No US approval: The United States government never approved the sale of the land.
- Trust relationship still exists: The special relationship between the United States and the tribe has not ended. This "trust relationship" means the US has a duty to protect tribal lands and rights.
Other Rules in the Act
Defining Indian Country
The 1834 Act also helped define "Indian country". This was a large area of land west of the Mississippi River. It did not include the states of Missouri and Louisiana or the Arkansas territory. This land later became known as Indian Territory.
Trading Posts
A key part of the Acts was setting up official "factories" or trading posts. These were places where Native Americans could sell their goods, especially furs. The government said these factories were to protect tribes from unfair private traders. However, they were also used to encourage tribes to give up large areas of land in exchange for access to these trading posts. An example is the Treaty of Fort Clark, where the Osage Nation gave up most of Missouri to use Fort Clark.
State Laws About Land Sales
The Nonintercourse Act did not stop individual states from making their own laws about Native American land sales. Many states, especially the original thirteen colonies, passed similar laws. These state laws often added more rules about how Native American lands could be sold or leased.
For example, a New York State law from 1821 made it illegal for anyone who was not Native American to live on or settle on Native American lands. It also said that any leases or agreements made by Native Americans allowing non-Native Americans to live on their land were completely invalid. If someone broke this law, a judge could order the sheriff to remove them from the land.
See also
In Spanish: Indian Intercourse Act para niños
