NCJ Number
65658
Date Published
1966
Length
194 pages
Annotation
THIS IS A DETAILED ANALYSIS FOR PURPOSES OF GUIDANCE IN CURRENT POLICYMAKING OF THE HISTORICAL CONDITIONS AND PRACTICES BY WHICH INDIAN POLICE AND JUDGES FUNCTIONED ON RESERVATIONS DURING THE LATE 19TH CENTURY.
Abstract
THE PROPOSAL FOR INDIAN POLICE FORCES ORIGINATED AS AN ALTERNATIVE TO RELIANCE ON THE TROOPS AND MILITARY AUTHORITY OF THE WAR DEPARTMENT. APPOINTED BY THE FEDERAL AGENTS ON RESERVATIONS, INDIAN POLICE AND JUDGES FUNCTIONED AMONG MOST TRIBES OF THE AMERICAN WEST, AND THIS SYSTEM REPRESENTED AN INFUSION OF ANGLO-SAXON LEGAL CONCEPTS INTO NATIVE INSTITUTIONS AND PRACTICES MAINTAINING SOCIAL ORDER. THE POLICEMEN WERE AMONG THE FIRST TO PRACTICE MONOGAMY, LEARN ENGLISH, AND SEND THEIR CHILDREN TO SCHOOL. THE ESTABLISHMENT OF THE GREAT SIOUX RESERVE IN 1876 WAS GREATLY FACILITATED BY TRIBAL POLICEMEN AND IS ANALYZED AS AN EXAMPLE OF A NOMADIC WARRIOR PEOPLE'S TRANSITION TO A SEDENTARY LIFESTYLE. TRIBAL COURTS, ONCE RECOGNIZED BY THE GOVERNMENT, SUFFERED FROM FINANCIAL NEGLECT. THEY NEVERTHELESS PLAYED A SIGNIFICANT MEDIATION ROLE BETWEEN THE RACES AND GAVE TRIBESMEN WITH LEADERSHIP QUALITIES A CHANCE TO EXERT AUTHORITY IN THEIR COMMUNITY. DOMESTIC DISCORD, DRUNKENNESS, AND RESTRAINT OF ANTIWHITE BELLIGERENCE WERE TYPICAL MATTERS HANDLED BY THE TRIBUNALS, WHOSE PRACTICES WERE FAR MORE INFORMAL THAN WHITE JUDICIAL PROTOCOL. THE DECLINE IN IMPORTANCE OF INDIAN COURTS AND POLICE STEMMED DIRECTLY FROM THE DAWES ACT, WHICH PLACED INDIANS UNDER STATE CIVIL AND CRIMINAL JURISDICTION, AND GAVE TRIBESMEN ALLOTMENTS AND CITIZENSHIP. THE CONFUSED LEGAL STATUS OF INDIANS REMAINS A PROBLEM WHOSE CONTEMPORARY LEGAL STATUS OF INDIANS REMAINS A PROBLEM WHOSE CONTEMPORARY SOLUTION MAY BE A RETURN TO INDIAN COURTS AND POLICE FOR INDIAN COMMUNITIES. THIS MATERIAL IS PRESENTED WITH DETAILED HISTORICAL FOOTNOTES. A BIBLIOGRAPHY IS PROVIDED. (MRK)