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134-638: After Indian Removal , most of the people settled in Indian Territory (now the state of Oklahoma). In contemporary times, the Absentee Shawnee Tribe reorganized their government in 1936 and became federally recognized; their headquarters is in Shawnee, Oklahoma . Their tribal jurisdiction area includes land in Oklahoma in both Cleveland and Pottawatomie counties. The other federally recognized tribes are

268-534: A U.S. federal government-recognized Native American tribal nation , whose government is autonomous , subject to regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs , and not to the U.S. state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in

402-700: A commonly held view at the time by the colonists in the United States. In a draft "Proposed Articles of Confederation" presented to the Continental Congress on May 10, 1775, Benjamin Franklin called for a "perpetual Alliance" with the Indians in the nation about to be born, particularly with the six nations of the Iroquois Confederacy: Article XI. A perpetual alliance offensive and defensive

536-994: A conviction that carries an appropriate potential sentence when a serious crime has been committed. Our role as the primary prosecutor of serious crimes makes our responsibility to citizens in Indian Country unique and mandatory. Accordingly, public safety in tribal communities is a top priority for the Department of Justice. Emphasis was placed on improving prosecution of crimes involving domestic violence and sexual assault. Passed in 1953, Public Law 280 (PL 280) gave jurisdiction over criminal offenses involving Indians in Indian Country to certain States and allowed other States to assume jurisdiction. Subsequent legislation allowed States to retrocede jurisdiction, which has occurred in some areas. Some PL 280 reservations have experienced jurisdictional confusion, tribal discontent, and litigation, compounded by

670-624: A far-reaching Indian policy with two primary goals. He wanted to assure that the Native nations (not foreign nations) were tightly bound to the new United States, as he considered the security of the nation to be paramount. He also wanted to "civilize" them into adopting an agricultural, rather than a hunter-gatherer , lifestyle. These goals would be achieved through treaties and the development of trade. Jefferson initially promoted an American policy which encouraged Native Americans to become assimilated , or " civilized ". He made sustained efforts to win

804-422: A few cases voluntary moves based on mutual agreement. The removal caused many problems such as tribes losing the means of livelihood by being restricted to a defined area, poor quality of land for agriculture, and hostility between tribes. The first reservation was established by Easton Treaty with the colonial governments of New Jersey and Pennsylvania on August 29, 1758. Located in southern New Jersey , it

938-737: A five-year approval before 1850. Article two of the treaty claims "the reserves on the river Angrais and at Rifle river, of which said Indians are to have the usufruct and occupancy for five years." Indigenous people had restraints pushed on them by the five-year allowance. Scholarly author Buck Woodard used executive papers from Governor William H. Cabell in his article, "Indian Land sales and allotment in Antebellum Virginia" to discuss Indigenous reservations in America before 1705, specifically in Virginia. He claims "the colonial government again recognized

1072-612: A forced mass migration that came to be known as the Trail of Tears . Some of the lands these tribes were given to inhabit following the removals eventually became Indian reservations. In 1851, the United States Congress passed the Indian Appropriations Act which authorized the creation of Indian reservations in Indian Territory (which became Oklahoma). Relations between white settlers and Natives had grown increasingly worse as

1206-580: A hard line on Indian removal, the law was primarily enforced during the Martin Van Buren administration. After the enactment of the Act, approximately 60,000 members of the Cherokee , Muscogee (Creek), Seminole , Chickasaw , and Choctaw nations (including thousands of their black slaves ) were forcibly removed from their ancestral homelands, with thousands dying during the Trail of Tears . Indian removal,

1340-426: A lighthouse. The President of the United States of America was directly involved in the creation of new treaties regarding Indian Reservations before 1850. Van Buren stated that indigenous reservations are "all their reserves of land in the state of Michigan, on the principle of said reserves being sold at the public land offices for their benefit and the actual proceeds being paid to them." The agreement dictated that

1474-541: A lot of public controversy before his enactment, but virtually none among historians and biographers of the 19th and early 20th century. However, his recent reputation has been negatively affected by his treatment of the Indians. Historians who admire Jackson's strong presidential leadership, such as Arthur M. Schlesinger, Jr. , would gloss over the Indian Removal in a footnote. In 1969, Francis Paul Prucha defended Jackson's Indian policy and wrote that Jackson's removal of

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1608-628: A more somber perspective. Historians have often described the removal of American Indians as paternalism , ethnic cleansing , or genocide . American leaders in the Revolutionary and early US eras debated about whether Native Americans should be treated as individuals or as nations. In the indictment section of the Declaration of Independence , the Indigenous inhabitants of the United States are referred to as "merciless Indian Savages", reflecting

1742-482: A political issue, urging President Martin Van Buren to prevent the enforcement of Cherokee removal. Other individual settlers and settler social organizations throughout the United States also opposed removal. Native groups reshaped their governments, made constitutions and legal codes, and sent delegates to Washington to negotiate policies and treaties to uphold their autonomy and ensure federally-promised protection from

1876-583: A popular policy among incoming settlers, was a consequence of actions first by the European colonists and then later on by the American settlers in the nation during the thirteen colonies and then after the revolution , in the United States of America also until the mid-20th century. The origins of the policy date back to the administration of James Monroe , but it addressed conflicts which had occurred between

2010-524: A scale equal to their wants, and under regulations calculated to protect them from imposition and extortion, its influence in cementing their interests with our's [sic] could not but be considerable. In his seventh annual message to Congress in 1795, Washington intimated that if the US government wanted peace with the Indians it must behave peacefully; if the US wanted raids by Indians to stop, raids by American "frontier inhabitants" must also stop. In his Notes on

2144-601: A small faction of twenty Cherokee tribal members (not the tribal leadership) on December 29, 1835. Most of the Cherokee later blamed the faction and the treaty for the tribe's forced relocation in 1838. An estimated 4,000 Cherokee died in the march, which is known as the Trail of Tears . Missionary organizer Jeremiah Evarts urged the Cherokee Nation to take its case to the US Supreme Court . The Marshall court heard

2278-501: A tribal logo. He included what he believed are the most important symbols to the Absentee Shawnee people. White won the contest, and his design was adopted as the official emblem of the Absentee Shawnee Tribe. Indian Removal The Indian removal was the United States government 's policy of ethnic cleansing through the forced displacement of self-governing tribes of American Indians from their ancestral homelands in

2412-476: Is 56,200,000 acres (22,700,000 ha; 87,800 sq mi; 227,000 km ), approximately 2.3% of the total area of the United States and about the size of the state of Idaho . While most reservations are small compared to the average U.S. state, twelve Indian reservations are larger than the state of Rhode Island . The largest reservation, the Navajo Nation Reservation , is similar in size to

2546-644: Is a gas station and general store at Fort Hall Indian Reservation, Idaho , and a museum at Foxwoods, on the Mashantucket Pequot Indian Reservation in Connecticut ). Tribal citizens may utilize several resources held in tribal tenures such as grazing range and some cultivable lands. They may also construct homes on tribally held lands. As such, members are tenants-in-common , which may be likened to communal tenure. Even if some of this pattern emanates from pre-reservation tribal customs, generally

2680-558: Is a legal designation. It comes from the conception of the Native American nations as independent sovereigns at the time the U.S. Constitution was ratified. Thus, early peace treaties (often signed under conditions of duress or fraud), in which Native American nations surrendered large portions of their land to the United States, designated parcels which the nations, as sovereigns, " reserved " to themselves, and those parcels came to be called "reservations". The term remained in use after

2814-614: Is to be entered into as soon as may be with the Six Nations; their Limits to be ascertained and secured to them; their Land not to be encroached on, nor any private or Colony Purchases made of them hereafter to be held good, nor any Contract for Lands to be made but between the Great Council of the Indians at Onondaga and the General Congress. The Boundaries and Lands of all the other Indians shall also be ascertained and secured to them in

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2948-472: The American settlers and Indigenous tribes since the 17th century and were escalating into the early 19th century (as settlers pushed westward in accordance with the cultural belief of manifest destiny ). Historical views of Indian removal have been reevaluated since that time. Widespread contemporary acceptance of the policy, due in part to the popular embrace of the concept of manifest destiny , has given way to

3082-637: The Eastern Shawnee Cultural Preservation Department in Seneca, Missouri , near the Oklahoma border. He grew up speaking Shawnee and did not learn English until he was five years old. At Seneca, he teaches Headstart and elementary grade classes, as well as adults two evenings a week, to encourage families to use Shawnee at home. Since the early 21st century, he has also provided translations and language coaching on TV projects, such as Ric Burns ’s 2009 PBS series We Shall Remain and

3216-667: The Indian Removal Act in 1830". A third act pushed through was "the federal government relocated "portions of [the] 'Five Civilized Tribes' from the southeastern states in the Non-Intercourse Act of 1834 ." All three of these laws set into motion the Indigenous Reservation system in the United States of America, resulting in the forceful removal of Indigenous peoples into specific land Reservations. Scholarly author James Oberly discusses "The Treaty of 1831 between

3350-525: The Mississippi River . In an 1803 letter to William Henry Harrison , Jefferson wrote: Should any tribe be foolhardy enough to take up the hatchet at any time, the seizing the whole country of that tribe, and driving them across the Mississippi, as the only condition of peace, would be an example to others, and a furtherance of our final consolidation. In that letter, Jefferson spoke about protecting

3484-696: The Northwest Ordinance of 1787 (a precedent for US territorial expansion would occur for years to come), calling for the protection of Native American "property, rights, and liberty"; the US Constitution of 1787 (Article I, Section 8) made Congress responsible for regulating commerce with the Indian tribes. In 1790, the new US Congress passed the Indian Nonintercourse Act (renewed and amended in 1793, 1796, 1799, 1802, and 1834) to protect and codify

3618-576: The Office of Indian Affairs (now the Bureau of Indian Affairs) as a division of the United States Department of War (now the United States Department of Defense ), to solve the land problem with 38 treaties with American Indian tribes. Indian Treaties, and Laws and Regulations Relating to Indian Affairs (1825) was a document signed by President Andrew Jackson in which he states that "we have placed

3752-571: The Second Seminole War . Osceola was a Seminole leader of the people's fight against removal. Based in the Everglades , Osceola and his band used surprise attacks to defeat the US Army in a number of battles. In 1837, Osceola was duplicitously captured by order of US General Thomas Jesup when Osceola came under a flag of truce to negotiate peace near Fort Peyton . Osceola died in prison of illness;

3886-564: The Seneca Buffalo Creek Casino . Historical views of Indian removal have been reevaluated since that time. Widespread contemporary acceptance of the policy, due in part to the popular embrace of the concept of manifest destiny , has given way to a more somber perspective. Historians have often described the removal of Native Americans as paternalism , ethnic cleansing , or genocide . Historian David Stannard has called it genocide. Andrew Jackson's Indian policy stirred

4020-622: The Senecas transferred all their land in New York (except for one small reservation) in exchange for 200,000 acres (810 km ) of land in Indian Territory. The federal government would be responsible for the removal of the Senecas who opted to go west, and the Ogden Land Company would acquire their New York lands. The lands were sold by government officials, however, and the proceeds were deposited in

4154-518: The Shawnee Tribe and the Eastern Shawnee Tribe of Oklahoma . There are 4,675 enrolled Absentee Shawnee tribal members as of June 30, 2024. Approximately 74% of members live in Oklahoma as of 2020. Tribal membership is based on blood quantum criteria, with applicants required to have a minimum of one-eighth (1/8) documented Absentee-Shawnee blood to be accepted as members, as established by

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4288-617: The Texas-Mexico War compelled numerous Absentee Shawnee to leave Texas Territory and to relocate into Indian Territory of Oklahoma. Historians believe that other Shawnee bands, also once in Kansas, had already resettled in Indian Territory beginning around 1839, the year that the Cherokee Nation were removed from the Southeast to this territory. In the late 19th century, an Indian Agent of

4422-526: The US Congress gave the Absentee Shawnee title to shared lands occupied on the Citizen Potawatomi Nation -Absentee Shawnee Oklahoma Tribal Statistical Area (OTSA). In the late 19th century, the communal land was allotted to individual households in an effort to force the tribes to adopt subsistence farming and assimilate to mainstream European-American ways. They lost control of considerable land in

4556-525: The US government brought soldiers from Fort Reno to force the traditionalist Big Jim band of Absentee Shawnees out of the Deep Fork River area, southward to Hog Creek and Little River area near present-day Lake Thunderbird , Norman. Their descendants, federally recognized since 1936 as the Absentee Shawnee Tribe of Oklahoma, continued to live here, in communities now called Little Axe , and Shawnee . In 1872,

4690-676: The Umatilla Indian Reservation , after the individual parcels were granted out of reservation land, the reservation area was reduced by giving the "excess land" to white settlers. The individual allotment policy continued until 1934 when it was terminated by the Indian Reorganization Act . The Indian Reorganization Act of 1934, also known as the Howard-Wheeler Act , was sometimes called the Indian New Deal and

4824-400: The eastern United States to lands west of the Mississippi River —specifically, to a designated Indian Territory (roughly, present-day Oklahoma ), which many scholars have labeled a genocide . The Indian Removal Act of 1830 , the key law which authorized the removal of Native tribes, was signed into law by United States president Andrew Jackson on May 28, 1830. Although Jackson took

4958-415: The "New York Indians". This Treaty from 1831 is the cause of conflicts and is disputed because the land was good hunting grounds. The Trade and Intercourse Act of 1834 says "In the 1834 Indian Trade and Intercourse Act, the United States defined the boundaries of Indian County." Also, "For Unrau, Indigenous Country is less on Indigenous homeland and more a place where the U.S. removed Indians from east of

5092-502: The 2018 History Channel documentary series Frontiersmen. The official emblem was designed by Leroy White (October 4, 1928 – July 25, 2002), a great-grandson of Big Jim and direct descendant of Chief Tecumseh . His work was selected in a 1974 competition sponsored by the Absentee Shawnee for a tribal logo. White said about his design: Leroy White was born and raised in Little Axe, Oklahoma, on land allotted to his family in 1886, in

5226-665: The Bureau (Office) of Indian Affairs. Under federal law, the government patented reservations to tribes, which became legal entities that at later times have operated in a corporate manner. Tribal tenure identifies jurisdiction over land-use planning and zoning, negotiating (with the close participation of the Bureau of Indian Affairs) leases for timber harvesting and mining. Tribes generally have authority over other forms of economic development such as ranching, agriculture, tourism, and casinos. Tribes hire both members, other Indians and non-Indians in varying capacities; they may run tribal stores, gas stations, and develop museums (e.g., there

5360-560: The Chactas were leaving their country. "To be free," he answered, could never get any other reason out of him. We ... watch the expulsion ... of one of the most celebrated and ancient American peoples. While the Indian Removal Act made the move of the tribes voluntary, it was often abused by government officials. The best-known example is the Treaty of New Echota , which was signed by

5494-572: The Creek population to leave voluntarily, Creeks who had not participated in the war were not forced west (as others were). The Creek population was placed into camps and told that they would be relocated soon. Many Creek leaders were surprised by the quick departure but could do little to challenge it. The 16,000 Creeks were organized into five detachments who were to be sent to Fort Gibson. The Creek leaders did their best to negotiate better conditions, and succeeded in obtaining wagons and medicine. To prepare for

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5628-726: The Dawes Act. However, the vast fragmentation of reservations occurred from the enactment of this act up to 1934, when the Indian Reorganization Act was passed. However, Congress authorized some allotment programs in the ensuing years, such as on the Palm Springs/Agua Caliente Indian Reservation in California. Allotment set in motion a number of circumstances: The demographic factor, coupled with landownership data, led, for example, to litigation between

5762-672: The Devils Lake Sioux and the State of North Dakota, where non-Indians owned more acreage than tribal members even though more Native Americans resided on the reservation than non-Indians. The court decision turned, in part, on the perception of Indian character , contending that the tribe did not have jurisdiction over the alienated allotments. In a number of instances—e.g., the Yakama Indian Reservation—tribes have identified open and closed areas within reservations. One finds

5896-624: The European-American majority. Today many of its families are based in the Shawnee area. Regardless of historical viewpoints, the bands cooperate for the future of the tribe. The tribe operates its own housing authority and issues tribal vehicle tags. It owns a gas station, two smoke shops, two casinos, and the AST Health Center and Plus Care, in Norman or Shawnee, Oklahoma . Its casinos, both called Thunderbird Casino, are east of Norman, near

6030-627: The Europeans encountered the New World, the American colonial government determined a precedent of establishing the land sovereignty of North America through treaties between countries. This precedent was upheld by the United States government. As a result, most Native American land was purchased by the United States government, a portion of which was designated to remain under Native sovereignty. The United States government and Native Peoples do not always agree on how land should be governed, which has resulted in

6164-527: The Five Civilized Tribes from the hostile political environment of the Old South to Oklahoma probably saved them. Jackson was sharply attacked by political scientist Michael Rogin and historian Howard Zinn during the 1970s, primarily on this issue; Zinn called him an "exterminator of Indians". According to historians Paul R. Bartrop and Steven L. Jacobs , however, Jackson's policies do not meet

6298-424: The Great Lakes to Cape Girardeau, Missouri ; some later moved into Spanish Louisiana . These bands were later joined by other Shawnee groups from Alabama . Some relocated southward into Arkansas Territory , Spanish Texas , and French Louisiana after the 1803 Louisiana Purchase by the United States of former French-controlled lands west of the Mississippi River. Due to encroaching European-American settlement,

6432-418: The House of Representatives by the Georgia delegation. President John Quincy Adams assumed the Calhoun–Monroe policy, and was determined to remove the Indians by non-forceful means; Georgia refused to consent to Adams' request, forcing the president to forge a treaty with the Cherokees granting Georgia the Cherokee lands. On July 26, 1827, the Cherokee Nation adopted a written constitution (modeled on that of

6566-418: The Indian Country Law Enforcement Initiative which recognizes problems with law enforcement on Indian reservations and assigns top priority to solving existing problems. The Department of Justice recognizes the unique legal relationship that the United States has with federally recognized tribes. As one aspect of this relationship, in much of Indian Country, the Justice Department alone has the authority to seek

6700-434: The Indian Territory. In 1832, the Sauk leader Black Hawk led a band of Sauk and Fox back to their lands in Illinois; the US Army and Illinois militia defeated Black Hawk and his warriors in the Black Hawk War , and the Sauk and Fox were relocated to present-day Iowa . The Miami were split, with many of the tribe resettled west of the Mississippi River during the 1840s. In the Second Treaty of Buffalo Creek (1838),

6834-450: The Indian agencies on reservations in order to teach Christianity to the Native American tribes. The Quakers were especially active in this policy on reservations. The policy was controversial from the start. Reservations were generally established by executive order . In many cases, white settlers objected to the size of land parcels, which were subsequently reduced. A report submitted to Congress in 1868 found widespread corruption among

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6968-432: The Indian tribes is gaining strength daily... and will amply requite us for the justice and friendship practiced towards them ... [O]ne of the two great divisions of the Cherokee nation have now under consideration to solicit the citizenship of the United States, and to be identified with us in-laws and government, in such progressive manner as we shall think best. As some of Jefferson's other writings illustrate, however, he

7102-483: The Indians from injustices perpetrated by settlers: Our system is to live in perpetual peace with the Indians, to cultivate an affectionate attachment from them, by everything just and liberal which we can do for them within ... reason, and by giving them effectual protection against wrongs from our own people. According to the treaty of February 27, 1819, the US government would offer citizenship and 640 acres (260 ha) of land per family to Cherokees who lived east of

7236-444: The Indians would be properly consulted when ascertaining and defining the boundaries of colonial settlement. The private contracts that once characterized the sale of Indian land to various individuals and groups—from farmers to towns—were replaced by treaties between sovereigns. This protocol was adopted by the United States Government after the American Revolution. On March 11, 1824, U.S. Vice President John C. Calhoun founded

7370-415: The Intertribal Wordpath Society, as of 2006, some 200 to 800 people still spoke the Shawnee language in Oklahoma. Pauline Wahpepah, a fluent native speaker, teaches Shawnee for the tribe. George Blanchard, Sr , Governor of the Absentee Shawnee from 2009 to 2013, has more recently also been working on language programs and teaching both children and adults. Since 2014 he has worked as a language specialist at

7504-400: The Menominee Nation and the United States" in his article, "Decision on Duck Creek: Two Green Bay Reservations and Their Boundaries, 1816–1996", showing yet another treaty regarding Indigenous Reservations before 1850. There is a conflict between the Menomee Nation and the State of Wisconsin and "the 1831 Menomee Treaty … ran the boundary between the lands of the Oneida, known in the Treaty as

7638-470: The Mississippi (present-day Oklahoma ), where they could exist without state interference. At Jackson's request, Congress began a debate on an Indian-removal bill. After fierce disagreement, the Senate passed the bill by a 28–19 vote; the House had narrowly passed it, 102–97. Jackson signed the Indian Removal Act into law on May 30, 1830. That year, most of the Five Civilized Tribes —the Chickasaw , Choctaw , Creek , Seminole , and Cherokee —lived east of

7772-1080: The Mississippi River and applied unique laws." The United States of America applied laws on Indigenous Reservations depending on where they were located like the Mississippi River . This act came too, because "the federal government began to compress Indigenous lands because it needed to send troops to Texas during the Mexican-American War and protect American immigration traveling to Oregon and California." The Federal Government of America had their own needs and desires for Indigenous Land Reservations. He says, "the reconnaissance of explorers and other American officials understood that Indigenous Country possessed good land, bountiful game, and potential mineral resources." The American Government claimed Indigenous land for their own benefits with these creations of Indigenous Land Reservations . States such as Texas had their own policy when it came to Indian Reservations in America before 1850. Scholarly author George D. Harmon discusses Texas' own reservation system which "Prior to 1845, Texas had inaugurated and pursued her own Indian Policy of

7906-412: The Mississippi River. Friends and Brothers – By permission of the Great Spirit above, and the voice of the people, I have been made President of the United States, and now speak to you as your Father and friend, and request you to listen. Your warriors have known me long. You know I love my white and red children, and always speak with a straight, and not with a forked tongue; that I have always told you

8040-516: The Mississippi. Native American land was sometimes purchased, by treaty or under duress . The idea of land exchange, that Native Americans would give up their land east of the Mississippi in exchange for a similar amount of territory west of the river, was first proposed by Jefferson in 1803 and first incorporated into treaties in 1817 (years after the Jefferson presidency). The Indian Removal Act of 1830 included this concept. Under President James Monroe , Secretary of War John C. Calhoun devised

8174-424: The Mississippi. The Indian Removal Act implemented federal-government policy towards its Indian populations, moving Native American tribes east of the Mississippi to lands west of the river. Although the act did not authorize the forced removal of indigenous tribes, it enabled the president to negotiate land-exchange treaties. On September 27, 1830, the Choctaw signed the Treaty of Dancing Rabbit Creek and became

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8308-453: The Muscogee were confined to a small strip of land in present-day east central Alabama . The Creek national council signed the Treaty of Cusseta in 1832, ceding their remaining lands east of the Mississippi to the US and accepting relocation to the Indian Territory. Most Muscogee were removed to the territory during the Trail of Tears in 1834, although some remained behind. Although the Creek War of 1836 ended government attempts to convince

8442-438: The Nottoway's land rights by treaty in 1713, at the conclusion of the Tuscaro War ." The indigenous peoples of America had land treaty agreements as early as 1713. The American Indigenous Reservation system started with "the Royal Proclamation of 1763 , where Great Britain set aside an enormous resource for Indians in the territory of the present United States." The United States put forward another act when "Congress passed

8576-405: The Seminole Tribe of Florida, and the Creeks in Alabama (including the Poarch Band ). Tribes in the Old Northwest were smaller and more fragmented than the Five Civilized Tribes, so the treaty and emigration process was more piecemeal. Following the Northwest Indian War , most of the modern state of Ohio was taken from native nations in the 1795 Treaty of Greenville . Tribes such as

8710-401: The Senecas and the Tonawanda Senecas in 1842 and 1857, respectively. Under the treaty of 1857, the Tonawandas renounced all claim to lands west of the Mississippi in exchange for the right to buy back the Tonawanda Reservation from the Ogden Land Company. Over a century later, the Senecas purchased a 9-acre (3.6 ha) plot (part of their original reservation) in downtown Buffalo to build

8844-465: The Shawnee in Missouri negotiated an 1825 treaty, ceding their Missouri lands for reservations in Kansas . However, prior to the treaty, a group of Shawnee (later known as the Big Jim band) had already left the region to migrate to Texas Territory , then controlled by Spain. Collectively, the band would become known as Absentee Shawnee, as they were referred to as such in the provisional clause of an 1854 treaty regarding Kansas reservation lands. Later,

8978-453: The State of Virginia (1785), Thomas Jefferson defended Native American culture and marveled at how the tribes of Virginia "never submitted themselves to any laws, any coercive power, any shadow of government" due to their "moral sense of right and wrong". He wrote to the Marquis de Chastellux later that year, "I believe the Indian then to be in body and mind equal to the whiteman". Jefferson's desire, as interpreted by Francis Paul Prucha ,

9112-568: The U.S." Texas was one of the States before 1850 that chose to create their own reservation system as seen in Harmon's article, "The United States Indian Policy in Texas, 1845–1860." The State of "Texas had given only a few hundred acres of land in 1840, for the purpose of colonization". However, "In March 1847, … [a] special agent [was sent] to Texas to manage the Indian affairs in the State until Congress should take some definite and final action." The United States of America allowed its states to make up their own treaties such as this one in Texas for

9246-428: The US Treasury. Maris Bryant Pierce , a "young chief" served as a lawyer representing four territories of the Seneca tribe, starting in 1838. The Senecas asserted that they had been defrauded, and sued for redress in the Court of Claims . The case was not resolved until 1898, when the United States awarded $ 1,998,714.46 (~$ 62.5 million in 2023) in compensation to "the New York Indians". The US signed treaties with

9380-476: The US. or remove beyond the Missisipi. The former is certainly the termination of their history most happy for themselves. But in the whole course of this, it is essential to cultivate their love. As to their fear, we presume that our strength & their weakness is now so visible that they must see we have only to shut our hand to crush them, & that all our liberalities to them proceed from motives of pure humanity only. As president, Thomas Jefferson developed

9514-496: The United States , while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties. The total area of all reservations

9648-596: The United States for their lands east of the Mississippi River. They reached an agreement to purchase of land from the previously-removed Choctaw in 1836 after a bitter five-year debate, paying the Chocktaw $ 530,000 for the westernmost Choctaw land. Most of the Chickasaw moved in 1837 and 1838. The $ 3 million owed to the Chickasaw by the US went unpaid for nearly 30 years. The Five Civilized Tribes were resettled in

9782-596: The United States) which declared that they were an independent nation with jurisdiction over their own lands. Georgia contended that it would not countenance a sovereign state within its own territory, and asserted its authority over Cherokee territory. When Andrew Jackson became president as the candidate of the newly-organized Democratic Party , he agreed that the Indians should be forced to exchange their eastern lands for western lands (including relocation) and vigorously enforced Indian removal. Although Indian removal

9916-431: The United States, and on the sincerity and zeal with which I am myself animated in the furthering of this humane work. You are our brethren of the same land; we wish your prosperity as brethren should do. Farewell. When a delegation from the Cherokee Nation's Upper Towns lobbied Jefferson for the full and equal citizenship promised to Indians living in American territory by George Washington, his response indicated that he

10050-559: The United States. By 1877, President Rutherford B. Hayes began phasing out the policy, and by 1882 all religious organizations had relinquished their authority to the federal Indian agency. In 1887, Congress undertook a significant change in reservation policy by the passage of the Dawes Act , or General Allotment (Severalty) Act. The act ended the general policy of granting land parcels to tribes as-a-whole by granting small parcels of land to individual tribe members. In some cases, for example,

10184-540: The already-displaced Lenape (Delaware tribe), Kickapoo and Shawnee , were removed from Indiana, Michigan, and Ohio during the 1820s. The Potawatomi were forced out of Wisconsin and Michigan in late 1838, and were resettled in Kansas Territory . Communities remaining in present-day Ohio were forced to move to Louisiana, which was then controlled by Spain. Bands of Shawnee , Ottawa , Potawatomi , Sauk , and Meskwaki (Fox) signed treaties and relocated to

10318-464: The basis for hotel and conference facilities, to draw visitors and revenue to reservations. Successful gaming operations on some reservations have greatly increased the economic wealth of some tribes, enabling their investment to improve infrastructure, education, and health for their people. Serious crime on Indian reservations has historically been required (by the 1885 Major Crimes Act , 18 U.S.C. §§1153, 3242, and court decisions) to be investigated by

10452-462: The break-up of communal tribal lands. White was immersed from birth in the Shawnee language and traditions. In 1976 he was selected to succeed his uncle, Webster Little Jim, as the traditional chief of the Big Jim band of Absentee Shawnee Tribe. His interests included painting. In 1974, with the encouragement of his family, White had entered the contest sponsored by the Absentee Shawnee Tribe for design of

10586-649: The case in Cherokee Nation v. Georgia (1831), but declined to rule on its merits; the court declaring that the Native American tribes were not sovereign nations, and could not "maintain an action" in US courts. In an opinion written by Chief Justice Marshall in Worcester v. Georgia (1832), individual states had no authority in American Indian affairs. The state of Georgia defied the Supreme Court ruling, and

10720-454: The commission of outrages upon the Indians; without which all pacific plans must prove nugatory. To enable, by competent rewards, the employment of qualified and trusty persons to reside among them, as agents, would also contribute to the preservation of peace and good neighbourhood. If, in addition to these expedients, an eligible plan could be devised for promoting civilization among the friendly tribes, and for carrying on trade with them, upon

10854-416: The conduct of membership by legislation and a justice system. Its chosen form of government evolved over the first half of the 20th century. In 1938, the current government was formalized under a constitution written to provide statutory authority. The current constitution was ratified on December 5, 1938, and it was last amended on August 13, 1988. The tribal government is composed of two separate branches:

10988-416: The criteria for physical or cultural genocide . Historian Sean Wilentz describes the view of Jacksonian "infantilization" and "genocide" of the Indians, as a historical caricature, which "turns tragedy into melodrama, exaggerates parts at the expense of the whole, and sacrifices nuance for sharpness". Indian reservation An American Indian reservation is an area of land held and governed by

11122-446: The date stipulated in the treaty. When Andrew Jackson became president of the United States in 1829, his government took a hard line on Indian removal; Jackson abandoned his predecessors' policy of treating Indian tribes as separate nations, aggressively pursuing all Indians east of the Mississippi who claimed constitutional sovereignty and independence from state laws. They were to be removed to reservations in Indian Territory, west of

11256-423: The desire of settlers and land speculators for Indian lands continued unabated; some whites claimed that Indians threatened peace and security. The Georgia legislature passed a law forbidding settlers from living on Indian territory after March 31, 1831, without a license from the state; this excluded missionaries who opposed Indian removal. The Seminole refused to leave their Florida lands in 1835, leading to

11390-518: The detachments faced bad roads, worse weather, and a lack of drinkable water. When all five detachments reached their destination, they recorded their death toll. The first detachment, with 2,318 Creeks, had 78 deaths; the second had 3,095 Creeks, with 37 deaths. The third had 2,818 Creeks, and 12 deaths; the fourth, 2,330 Creeks and 36 deaths. The fifth detachment, with 2,087 Creeks, had 25 deaths. In 1837 outside of Baton Rouge, Louisiana over 300 Creeks being forcibly removed to Western prairies drowned in

11524-399: The encroachment of states. They thought that acclimating, as the US wanted them to, would stem removal policy and create a better relationship with the federal government and surrounding states. Native American nations had differing views about removal. Although most wanted to remain on their native lands and do anything possible to ensure that, others believed that removal to a nonwhite area

11658-535: The federal Native American agencies and generally poor conditions among the relocated tribes. Many tribes ignored the relocation orders at first and were forced onto their limited land parcels. Enforcement of the policy required the United States Army to restrict the movements of various tribes. The pursuit of tribes in order to force them back onto reservations led to a number of wars with Native Americans which included some massacres. The most well-known conflict

11792-454: The federal government began to forcibly relocate nations to parcels of land to which they often had no historical or cultural connection. Compared to other population centers in the U.S., reservations are disproportionately located on or near toxic sites hazardous to the health of those living or working in close proximity, including nuclear testing grounds and contaminated mines. The majority of American Indians and Alaska Natives live outside

11926-681: The federal government, usually the Federal Bureau of Investigation , and prosecuted by United States Attorneys of the United States federal judicial district in which the reservation lies. Tribal courts were limited to sentences of one year or less, until on July 29, 2010, the Tribal Law and Order Act was enacted which in some measure reforms the system permitting tribal courts to impose sentences of up to three years provided proceedings are recorded and additional rights are extended to defendants. The Justice Department on January 11, 2010, initiated

12060-631: The first Native American tribe to be removed. The agreement was one of the largest transfers of land between the US government and Native Americans which was not the result of war. The Choctaw signed away their remaining traditional homelands, opening them up for European–American settlement in Mississippi Territory . When the tribe reached Little Rock , a chief called its trek a "trail of tears and death". In 1831, French historian and political scientist Alexis de Tocqueville witnessed an exhausted group of Choctaw men, women and children emerging from

12194-503: The first plans for Indian removal. Monroe approved Calhoun's plans by late 1824 and, in a special message to the Senate on January 27, 1825, requested the creation of the Arkansaw and Indian Territories ; the Indians east of the Mississippi would voluntarily exchange their lands for lands west of the river. The Senate accepted Monroe's request, and asked Calhoun to draft a bill which was killed in

12328-433: The forest during an exceptionally cold winter near Memphis, Tennessee , on their way to the Mississippi to be loaded onto a steamboat. He wrote, In the whole scene there was an air of ruin and destruction, something which betrayed a final and irrevocable adieu; one couldn't watch without feeling one's heart wrung. The Indians were tranquil but sombre and taciturn. There was one who could speak English and of whom I asked why

12462-411: The forms of government found outside the reservation. With the establishment of reservations, tribal territories diminished to a fraction of their original areas; customary Native American practices of land tenure were sustained only for a time, and not in every instance. Instead, the federal government established regulations that subordinated tribes to the authority, first, of the military, and then of

12596-423: The friendship and cooperation of many Native American tribes as president, repeatedly articulating his desire for a united nation of whites and Indians as in his November 3, 1802, letter to Seneca spiritual leader Handsome Lake : Go on then, brother, in the great reformation you have undertaken ... In all your enterprises for the good of your people, you may count with confidence on the aid and protection of

12730-423: The friendship between them and the United States. Later that year, in his fourth annual message to Congress, Washington stressed the need to build peace, trust, and commerce with Native Americans: I cannot dismiss the subject of Indian affairs without again recommending to your consideration the expediency of more adequate provision for giving energy to the laws throughout our interior frontier, and for restraining

12864-489: The idea before it was fully implemented, five tribes were terminated—the Coushatta , Ute , Paiute , Menominee and Klamath —and 114 groups in California lost their federal recognition as tribes. Many individuals were also relocated to cities, but one-third returned to their tribal reservations in the decades that followed. Federally recognized Native American tribes possess limited tribal sovereignty and are able to exercise

12998-575: The indigenous tribe sell their land to build a lighthouse. A treaty signed by John Forsyth, the Secretary of State on behalf of Van Buren, also dictates where indigenous peoples must live in terms of the reservation system in America between the Oneida People in 1838. This treaty allows the indigenous peoples five years on a specific reserve "the west shores of Saganaw bay". The creation of reservations for indigenous people of America could be as little as

13132-562: The lack of data on crime rates and law enforcement response. As of 2012, a high incidence of rape continued to impact Native American women. A survey of death certificates over a four-year period showed that deaths among Indians due to alcohol are about four times as common as in the general U.S. population and are often due to traffic collisions and liver disease with homicide , suicide , and falls also contributing. Deaths due to alcohol among American Indians are more common in men and among Northern Plains Indians. Alaska Natives showed

13266-519: The land reserves in a better state for the benefit of society" with approval of Indigenous reservations before 1850. The letter is signed by Isaac Shelby and Jackson. It discusses several regulations regarding the Native Americans and the approval of Indigenous segregation and the reservation system. President Martin Van Buren negotiated a treaty with the Saginaw Chippewas in 1837 to build

13400-579: The land rights of recognized tribes. President George Washington , in his 1790 address to the Seneca Nation which called the pre-Constitutional Indian land-sale difficulties "evils", said that the case was now altered and pledged to uphold Native American "just rights". In March and April 1792, Washington met with 50 tribal chiefs in Philadelphia—including the Iroquois—to discuss strengthening

13534-431: The land, and you can live upon it you and all your children, as long as the grass grows or the water runs, in peace and plenty. It will be yours forever. For the improvements in the country where you now live, and for all the stock which you cannot take with you, your Father will pay you a fair price ... Unlike other tribes, who exchanged lands, the Chickasaw were to receive financial compensation of $ 3 million from

13668-690: The least incidence of death. Under federal law, alcohol sales are prohibited on Indian reservations unless the tribal councils allow it. Gang violence has become a major social problem. A December 13, 2009, article in The New York Times about growing gang violence on the Pine Ridge Indian Reservation estimated that there were 39 gangs with 5,000 members on that reservation alone. As opposed to traditional "Most Wanted" lists, Native Americans are often placed on regional Crime Stoppers lists offering rewards for their whereabouts. When

13802-432: The legislative/executive branch (also referred to as Executive Committee) and the judicial branch. In addition, an independent body, the 'Election Committee,' conducts annual elections. The legislative/executive branch has five members, all elected at-large : Governor, Lieutenant, Secretary, Treasurer, and Representative. Terms are four years. The Executive Committee sets policy, administers government programs, and executes

13936-487: The majority of non-Indian landownership and residence in the open areas and, contrariwise, closed areas represent exclusive tribal residence and related conditions. Indian country today consists of tripartite government—i. e., federal, state and/or local, and tribal. Where state and local governments may exert some, but limited, law-and-order authority, tribal sovereignty is diminished. This situation prevails in connection with Indian gaming, because federal legislation makes

14070-591: The new Indian Territory. The Cherokee occupied the northeast corner of the territory and a 70-mile-wide (110 km) strip of land in Kansas on its border with the territory. Some indigenous nations resisted the forced migration more strongly. The few who stayed behind eventually formed tribal groups, including the Eastern Band of Cherokee (based in North Carolina), the Mississippi Band of Choctaw Indians ,

14204-525: The process. In 1936, the tribe reorganized and gained federal recognition as the Absentee Shawnee Tribe of Oklahoma under the new Oklahoma Indian Welfare Act , with the current constitution ratified on December 5, 1938. Since the early 21st century, the tribe has created the Cultural Preservation Department to support cultural and language preservation. They offer a Shawnee language class and immersion program for children. According to

14338-537: The purpose of colonization. The passage of the Indian Removal Act of 1830 marked the systematization of a U.S. federal government policy of moving Native populations away from European-populated areas, whether forcibly or voluntarily. One example was the Five Civilized Tribes , who were removed from their historical homelands in the Southeastern United States and moved to Indian Territory , in

14472-575: The relocation, Creeks began to deconstruct their spiritual lives; they burned piles of lightwood over their ancestors' graves to honor their memories, and polished the sacred plates which would travel at the front of each group. They also prepared financially, selling what they could not bring. Many were swindled by local merchants out of valuable possessions (including land), and the military had to intervene. The detachments began moving west in September 1836, facing harsh conditions. Despite their preparations,

14606-548: The removal treaty was illegitimate; it was a "sham treaty", which the US government should not uphold. He describes removal as such a dereliction of all faith and virtues, such a denial of justice...in the dealing of a nation with its own allies and wards since the earth was made...a general expression of despondency, of disbelief, that any goodwill accrues from a remonstrance on an act of fraud and robbery, appeared in those men to whom we naturally turn for aid and counsel. Emerson concludes his letter by saying that it should not be

14740-586: The reservation (e.g., Enabling Act of 1910 at Section 20 ). As a general practice, such land may sit idle or be used for cattle grazing by tribal ranchers. In 1979, the Seminole tribe in Florida opened a high-stakes bingo operation on its reservation in Florida. The state attempted to close the operation down but was stopped in the courts. In the 1980s, the case of California v. Cabazon Band of Mission Indians established

14874-485: The reservations, mainly in the larger western cities such as Phoenix and Los Angeles . In 2012, there were more than 2.5 million Native Americans , with 1 million living on reservations. From the beginning of the European colonization of the Americas , Europeans often removed Indigenous peoples from their homelands. The means varied, including treaties made under considerable duress, forceful ejection, violence, and in

15008-586: The reservations. Likewise, over two million acres (8,000 km ) of land were returned to various tribes. Within a decade of Collier's retirement the government's position began to swing in the opposite direction. The new Indian Commissioners Myers and Emmons introduced the idea of the "withdrawal program" or " termination ", which sought to end the government's responsibility and involvement with Indians and to force their assimilation. The Indians would lose their lands but were to be compensated, although many were not. Even though discontent and social rejection killed

15142-494: The right of reservations to operate other forms of gambling operations. In 1988, Congress passed the Indian Gaming Regulatory Act , which recognized the right of Native American tribes to establish gambling and gaming facilities on their reservations as long as the states in which they are located have some form of legalized gambling. Today, many Native American casinos are used as tourist attractions, including as

15276-524: The right of self-governance, including but not limited to the ability to pass laws, regulate power and energy, create treaties, and hold tribal court hearings. Laws on tribal lands may vary from those of the surrounding area. The laws passed can, for example, permit legal casinos on reservations. The tribal council, not the local government or the United States federal government , often has jurisdiction over reservations. Different reservations have different systems of government, which may or may not replicate

15410-630: The same manner; and Persons appointed to reside among them in proper Districts, who shall take care to prevent Injustice in the Trade with them, and be enabled at our general Expense by occasional small Supplies, to relieve their personal Wants and Distresses. And all Purchases from them shall be by the Congress for the General Advantage and Benefit of the United Colonies. The Confederation Congress passed

15544-588: The settlers encroached on territory and natural resources in the West. In 1868, President Ulysses S. Grant pursued a "Peace Policy" as an attempt to avoid violence. The policy included a reorganization of the Indian Service, with the goal of relocating various tribes from their ancestral homes to parcels of lands established specifically for their inhabitation. The policy called for the replacement of government officials by religious men, nominated by churches, to oversee

15678-548: The state a party to any contractual or statutory agreement. Finally, occupancy on reservations can be by virtue of tribal or individual tenure. There are many churches on reservations; most would occupy tribal land by consent of the federal government or the tribe. Bureau of Indian Affairs (BIA) agency offices, hospitals, schools, and other facilities usually occupy residual federal parcels within reservations. Many reservations include one or more sections (about 640 acres) of land for schools, but such land typically remains part of

15812-405: The state of West Virginia . Reservations are unevenly distributed throughout the country, the majority being situated west of the Mississippi River and occupying lands that were first reserved by treaty ( Indian Land Grants ) from the public domain. Because recognized Native American nations possess tribal sovereignty , albeit of a limited degree, laws within tribal lands may vary from those of

15946-415: The surrounding and adjacent states. For example, these laws can permit casinos on reservations located within states which do not allow gambling, thus attracting tourism. The tribal council generally has jurisdiction over the reservation, not the U.S. state it is located in, but is subject to federal law. Court jurisdiction in Indian country is shared between tribes and the federal government, depending on

16080-464: The tribal affiliation of the parties involved and the specific crime or civil matter. Different reservations have different systems of government, which may or may not replicate the forms of government found outside the reservation. Most Native American reservations were established by the federal government but a small number, mainly in the East, owe their origin to state recognition . The term "reservation"

16214-424: The tribal constitution. Though it is not a formal division, there is a social separation between two major groups of the tribe, based on different histories of their ancestors. Descendants of the traditionalist Big Jim Band have kept cultural traditions and ceremonies; they have their primary community in the Little Axe, or Norman area. The White Turkey Band historically had assimilated more, adopting cultural ways of

16348-647: The tribal headquarters in Shawnee. As of 2017, the tribe's economic impact is over $ 145 million. The tribe has 1,130 paid positions and paid $ 55 million to workers. The Absentee Shawnee Tribe has all the inherent powers of sovereignty held prior to the Constitution of the United States . Such powers include adopting and operating a form of government of its choosing, defining the conditions of tribal membership, regulating domestic relations of its members, levying taxes, regulating property within its jurisdiction, and controlling

16482-474: The tribe has the authority to modify tenant-in-common practices. With the General Allotment Act (Dawes) , 1887, the government sought to individualize tribal lands by authorizing allotments held in individual tenure. Generally, the allocation process led to grouping family holdings and, in some cases, this sustained pre-reservation clan or other patterns. There had been a few allotment programs ahead of

16616-446: The truth ... Where you now are, you and my white children are too near to each other to live in harmony and peace. Your game is destroyed, and many of your people will not work and till the earth. Beyond the great River Mississippi, where a part of your nation has gone, your Father has provided a country large enough for all of you, and he advises you to remove to it. There your white brothers will not trouble you; they will have no claim to

16750-563: The war resulted in over 1,500 US deaths, and cost the government $ 20 million. Some Seminole traveled deeper into the Everglades, and others moved west. The removal continued, and a number of wars broke out over land. In 1823, the Seminole signed the Treaty of Moultrie Creek , which reduced their 34 million to 4 millions acres. In the aftermath of the Treaties of Fort Jackson , and the Washington ,

16884-608: The will of the tribal membership. The current administration includes the following: The Shawnee are an Algonquian -speaking people, and at the time of European encounter, they had bands living in present-day Eastern United States and parts of the Southeastern United States . During the American Revolutionary War , many Shawnee moved from the area later defined as the Northwest Territory near

17018-555: Was a popular policy, it was also opposed on legal and moral grounds; it also ran counter to the formal, customary diplomatic interaction between the federal government and the Native nations. Ralph Waldo Emerson wrote the widely-published letter "A Protest Against the Removal of the Cherokee Indians from the State of Georgia" in 1838, shortly before the Cherokee removal. Emerson criticizes the government and its removal policy, saying that

17152-528: Was ambivalent about Indian assimilation and used the words "exterminate" and "extirpate" about tribes who resisted American expansion and were willing to fight for their lands. Jefferson intended to change Indian lifestyles from hunting and gathering to farming, largely through "the decrease of game rendering their subsistence by hunting insufficient". He expected the change to agriculture to make them dependent on white Americans for goods, and more likely to surrender their land or allow themselves to be moved west of

17286-733: Was called Brotherton Indian Reservation and also Edgepillock or Edgepelick . The area was 3,284 acres (13.29 km ). Today it is called Indian Mills in Shamong Township . In 1764 the British government's Board of Trade proposed the "Plan for the Future Management of Indian Affairs". Although never adopted formally, the plan established the British government's expectation that land would only be bought by colonial governments, not individuals, and that land would only be purchased at public meetings. Additionally, this plan dictated that

17420-465: Was for Native Americans to intermix with European Americans and become one people. To achieve that end as president, Jefferson offered US citizenship to some Indian nations and proposed offering them credit to facilitate trade. On 27 February 1803, Jefferson wrote in a letter to William Henry Harrison : In this way our settlements will gradually circumbscribe & approach the Indians, & they will in time either incorporate with us as citizens of

17554-451: Was initiated by John Collier . It laid out new rights for Native Americans, reversed some of the earlier privatization of their common holdings, and encouraged tribal sovereignty and land management by tribes. The act slowed the assignment of tribal lands to individual members and reduced the assignment of "extra" holdings to nonmembers. For the following 20 years, the U.S. government invested in infrastructure, health care, and education on

17688-650: Was the Sioux War on the northern Great Plains , between 1876 and 1881, which included the Battle of Little Bighorn . Other famous wars in this regard included the Nez Perce War and the Modoc War , which marked the last conflict officially declared a war. By the late 1870s, the policy established by President Grant was regarded as a failure, primarily because it had resulted in some of the bloodiest wars between Native Americans and

17822-452: Was their only option to maintain their autonomy and culture. The US used this division to forge removal treaties with (often) minority groups who became convinced that removal was the best option for their people. These treaties were often not acknowledged by most of a nation's people. When Congress ratified the removal treaty, the federal government could use military force to remove Native nations if they had not moved (or had begun moving) by

17956-412: Was willing to grant citizenship to those Indian nations who sought it. In his eighth annual message to Congress on November 8, 1808, he presented a vision of white and Indian unity: With our Indian neighbors the public peace has been steadily maintained ... And, generally, from a conviction that we consider them as part of ourselves, and cherish with sincerity their rights and interests, the attachment of

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