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70-467: The Ely Shoshone Indian Reservation is an Indian reservation for the Ely Shoshone Tribe of Nevada , Shoshone people, in and near the south side of the city of Ely in south-central White Pine County, Nevada . In 2005 it had a population of around 500, a textile business, and its own court system. The reservation is quite small, with a land area of only 104.99 acres (0.4249 km) and

140-412: A 2000 census official resident population of 133 persons. Part of the city of Ely lies within its territory. 39°14′12″N 114°52′12″W  /  39.23667°N 114.87000°W  / 39.23667; -114.87000 This White Pine County , Nevada state location article is a stub . You can help Misplaced Pages by expanding it . Indian reservation An American Indian reservation

210-564: A Tiger kidnapping ). This has been raised in some cases of ransom , where a person commits theft or embezzlement under orders from a kidnapper in order to secure a family member's life and freedom. However, duress is not a complete defense to all crimes. For example, the general rule, both at common law and today, is that duress is never a defense to murder; that is, one is never justified in killing another innocent person even if one's own life has been threatened, although this part may be questioned when multiple people are threatened with death if

280-500: A broader "fusion" view of what sort of pressure could constitute coercion for purposes of relief and has since prevailed. In such cases, one party refuses to release the goods belonging to the other party until the other party enters into a contract with them. For example, in Hawker Pacific Pty Ltd v Helicopter Charter Pty Ltd (1991) 22 NSWLR 298, the contract was set aside after Hawker Pacific's threats to withhold

350-1011: 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

420-406: A criminal act was justified, but that the act was not criminal at all. But if no affirmative defense of duress is available, then the duress may be considered as justifying a lighter sentence , typically in proportion to the degree of duress. If the duress is extreme enough, for example, the defendant might be found guilty of murder but given a minimal, or even trivial, sentence. In some rare cases,

490-467: A decision of the Privy Council , Armstrong (defendant) sought to coerce Barton (plaintiff) into executing a deed relating to the sale of certain companies by threatening to have him murdered. While the plaintiff took the threats seriously, other business reasons existed for signing the contract. An innocent party wishing to set aside a contract for duress to the person need only prove that the threat

560-404: A duress defense when force or violence is used to compel them to enter into a contract, or to discharge. Duress in the context of contract law is a common law defense brought about when one of the parties to the contract enjoyed an ascendant position in relation to the other party and abused that position by subjecting the other to threats. A party who has entered into a contract under duress

630-422: 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

700-756: 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

770-709: 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

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840-489: 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

910-484: A series of disputes over sovereignty. Duress in American law Duress has two aspects. One is that it negates the person's consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise unlawful act. Defendants utilizing the duress defense admit to breaking the law but claim that they are not liable because, even though

980-423: A successful argument of duress – even when not an affirmative defense – might result in the jury nullifying the charge by refusing to convict. The basis of the defense is that the duress actually overwhelmed the defendant's will and would also have overwhelmed the will of a person of ordinary courage (a hybrid test requiring both subjective evidence of the accused's state of mind, and an objective confirmation that

1050-477: A third person. Alternatively, a state may take the view that even though people may have ordinary levels of courage, they may nevertheless be coerced into agreeing to break the law and this human weakness should have some recognition in the law. A mutant of duress involves hostage taking, where a person is forced to commit a criminal act under the threat, say, that their family member or close associate will be immediately killed should they refuse (commonly known as

1120-487: 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

1190-665: 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

1260-565: 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

1330-488: Is an area of land held and governed by 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

1400-614: Is entitled to rescind or set aside the contract, rendering it voidable (in equity). Duress is a threat of harm made to compel someone to do something against their will or judgment; especially a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition. - Black's Law Dictionary (8th ed. 2004) Duress in contract law falls into two broad categories: Professor Ronald Griffin, Florida Agricultural & Mechanical College of Law, Orlando, FL, puts physical duress simply: "Your money or your life." In Barton v Armstrong ,

1470-475: Is generally irrelevant unless a defendant is raising an affirmative defense allowed for by law. (Duress may or may not be allowed as an affirmative defense for some particular charge – in particular, it is generally forbidden for murder , and many jurisdictions also forbid it for sexual assault . Malum in se offenses, generally, are less likely to recognize duress as a defense than malum prohibitum offenses.) A successful affirmative defense means not that

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1540-694: 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

1610-594: 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

1680-713: 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

1750-415: 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

1820-585: The 326 Indian reservations in 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

1890-665: 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

1960-765: 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

2030-684: 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

2100-637: 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

2170-587: 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

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2240-503: 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

2310-647: 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

2380-688: 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

2450-1287: 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

2520-621: 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

2590-673: 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

2660-508: 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,

2730-400: The act broke the law , it was only performed because of extreme, unlawful pressure. In criminal law, a duress defense is similar to a plea of guilty, admitting partial culpability , so that if the defense is not accepted then the criminal act is admitted. Duress or coercion can also be raised in an allegation of rape or other sexual assault to negate a defense of consent on the part of

2800-464: 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

2870-419: The defendant does not kill a single or fewer people than threatened (such a situation is similar to the trolley problem ). A counterpart may be found in an English law, where in R v Dudley and Stephens involved a case of one man being killed to save two lives - no duress defense was available and they were convicted. For duress to qualify as a defense, four requirements must be met: A person may also raise

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2940-442: The failure to resist the threats was reasonable), thus rendering the entire behavior involuntary. Thus, the liability should be reduced or discharged, making the defense one of exculpation . The extent to which this defense should be allowed, if at all, is a matter of public policy . A state may say that no threat should force a person to deliberately break the law, particularly if this breach will cause significant loss or damage to

3010-543: 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

3080-454: 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

3150-756: 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

3220-411: 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

3290-406: The helicopter from the plaintiff unless further payments were made for repairing a botched paint job. Economic duress is the use of unlawful economic pressure to compel a party to a contract to agree to demands which they would not have otherwise. In criminal law, when a person is found legally insane because they believed God ordered them to do the crime (" deific-decree "), one interpretation of

3360-494: 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

3430-587: 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

3500-562: 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

3570-592: 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

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3640-710: 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

3710-487: 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

3780-403: The person making the allegation. A defendant who raises a defense of duress has actually done everything to constitute the actus reus of the crime, and has the mens rea because they intended to do it to avoid some threatened or actual harm. Thus, some degree of culpability already attaches to the defendant for what was done. In criminal law, the defendant's motive for breaking the law

3850-557: 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

3920-601: 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

3990-545: 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

4060-586: 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

4130-506: 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

4200-524: 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

4270-599: 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

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4340-548: 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

4410-405: 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

4480-415: 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

4550-468: 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"

4620-483: 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

4690-754: 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

4760-451: 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

4830-453: Was made and that it was a reason for entry into the contract. Furthermore, once it is established that the threat was made, the onus lies on the person who made the threat to prove that the threat made no contribution to the plaintiff's decision to enter the agreement. Common law took a narrow view of the concept of duress in that it was concerned with actual or threatened violence to the person or unlawful imprisonment. Equity, however, adopted

4900-671: 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

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