Beginning in the seventeenth century, with the colonization of the Americas, European immigrants and American Indians encountered each other's views on the rights and responsibilities of ownership. Disputes arose as a natural result of the meeting of two cultures, and occasionally these developed into sanguinary conflicts. In 1796 the United States Congress created the depredation claims system to compensate Indians and settlers alike for the loss of property and thereby preserve peace on the frontiers. By presenting the lives of non-Indian people who filed for relief from depredations and the legal and political systems under which they filed claims, Larry Skogen accentuates the distinction between the lofty ideals and the penurious, tedious reality of the claims system. Because the young nation could not afford to pay for every stolen cow or burned farmhouse, rules and policies were imposed on the system to protect the treasury, but they slowed the claims process and turned away legitimate claimants empty-handed. In addition the system, seldom used by Indians, became a target of unscrupulous settlers, who filed fraudulent claims and sometimes, because they had political connections, received compensation for losses never incurred. When the system did provide indemnities, Indian nations paid for the actions of their miscreants of whom they disapproved, or, as much more often happened, the U.S. government used monies from the general treasury to pay lawyers and administrators of the estates of long-dead claimants.

The Trade and Intercourse Acts passed by Congress between 1796 and 1834 set up a system for individuals to receive monetary compensation from the federal government for property stolen or destroyed by American Indians. By the end of the Mexican-American War, both Anglo-Americans and Nuevomexicanos became experts in exploiting this system—and in using the army to collect on their often-fraudulent claims. As Gregory F. Michno reveals in Depredation and Deceit, their combined efforts created a precarious mix of false accusations, public greed, and fabricated fear that directly led to new wars in the American Southwest between 1849 and 1855. Tasked with responding to white settlers’ depredation claims and gaining restitution directly from Indian groups, soldiers typically had no choice but to search out often-innocent Indians and demand compensation or the surrender of the guilty party, turning once-friendly bands into enemy groups whenever these tense encounters exploded in violence. As the situation became more volatile, citizens demanded a greater army presence in the region, and lucrative military contracts became yet another reason to encourage the continuation of frontier violence. Although the records are replete with officers questioning accusations and discovering civilians’ deceit, more often than not the army was forced to act in direct counterpoint to its duties as a constabulary force. And whenever war broke out, the acquisition of more Indian land and wealth began the cycle of greed and violence all over again. The Trade and Intercourse Acts were manipulated by Anglo-Americans who ensured the continuation of the very conflicts that they claimed to abhor and that the acts were designed to prevent. In bringing these machinations to light, Michno’s book deepens—and darkens—our understanding of the conquest of the American Southwest.

American Indian Sovereignty and Law: An Annotated Bibliography covers a wide variety of topics and includes sources dealing with federal Indian policy, federal and tribal courts, criminal justice, tribal governance, religious freedoms, economic development, and numerous sub-topics related to tribal and individual rights. While primarily focused on the years 1900 to the present, many sources are included that focus on the 19th century or earlier. The annotations included in this reference will help researchers know enough about the arguments and contents of each source to determine its usefulness. Whenever a clear central argument is made in an article or book, it is stated in the entry, unless that argument is made implicit by the title of that entry. Each annotation also provides factual information about the primary topic under discussion. In some cases, annotations list topics that compose a significant portion of an author's discussion but are not obvious from the title of the entry. American Indian Sovereignty and Law will be extremely useful in both studying Native American topics and researching current legal and political actions affecting tribal sovereignty.

Integrating American Indian law and Native American political and legal traditions, this encyclopedia includes detailed descriptions of nearly two dozen Native American Nations' legal and political systems such as the Iroquois, Cherokee, Choctaw, Navajo, Cheyenne, Creek, Chickasaw, Comanche, Sioux, Pueblo, Mandan, Wyandot, Powhatan, Mikmaq, and Yakima. Although not an Indian law casebook, this work does contain outlines of many major Indian law cases, congressional acts, and treaties. It also contains profiles of individuals important to the evolution of Indian law. This work will be of interest to scholars in several fields, including law, Native American studies, American history, political science, anthropology, and sociology.

The Indian Trade and Intercourse Act of 1834 represented what many considered the ongoing benevolence of the United States toward Native Americans, establishing a congressionally designated refuge for displaced Indians to protect them from exploitation by white men. Others came to see it as a legally sanctioned way to swindle them out of their land. This first book-length study of "Indian country" focuses on Section 1 of the 1834 Act-which established its boundaries-to show that this legislation was ineffectual from the beginning. William Unrau challenges conventional views that the act was a continuation of the government's benevolence toward Indians, revealing it instead as little more than a deceptive stopgap that facilitated white settlement and development of the trans-Missouri West. Encompassing more than half of the Louisiana Purchase and stretching from the Red River to the headwaters of the Missouri, Indian country was designated as a place for Native survival and improvement. Unrau shows that, although many consider that the territory merely fell victim to Manifest Destiny, the concept of Indian country was flawed from the start by such factors as distorted perceptions of the region's economic potential, tribal land compressions, government complicity in overland travel and commerce, and blatant disregard for federal regulations. Chronicling the encroachments of land-hungry whites, which met with little resistance from negligent if not complicit lawmakers and bureaucrats, he tells how the protection of Indian country lasted only until the needs of westward expansion outweighed those associated with the presumed solution to the "Indian problem" and how subsequent legislation negated the supposed permanence of Indian lands. When thousands of settlers began entering Kansas Territory in 1854, the government appeared powerless to protect Indians-even though it had been responsible for carving Kansas out of Indian country in the first place. Unrau's work shows that there has been a general misunderstanding of Indian country both then and now-that it was never more or less than what the white man said it was, not what the Indians were told or believed-and represents a significant chapter in the shameful history of America's treatment of Indians.

In his study of the civilian population that fell victim to the brutality of the 1860s Kansas Indian wars, Jeff Broome recounts the captivity of Susanna Alderdice, who was killed along with three of her children by her Cheyenne captors (known as Dog Soldiers) at the Battle of Summit Springs in July 1869, and of her four-year-old son, who was wounded then left for dead.

Distributed by the University of Nebraska Press for Caxton Press During the decades from 1820 to 1870, the American frontier expanded two thousand miles across the trans-Mississippi West. In Texas the frontier line expanded only about two hundred miles. The supposedly irresistible European force met nearly immovable Native American resistance, sparking a brutal struggle for possession of Texas’s hills and prairies that continued for decades. During the 1860s, however, the bloodiest decade in the western Indian wars, there were no large-scale battles in Texas between the army and the Indians. Instead, the targets of the Comanches, the Kiowas, and the Apaches were generally the homesteaders out on the Texas frontier, that is, precisely those who should have been on the sidelines. Ironically, it was these noncombatants who bore the brunt of the warfare, suffering far greater losses than the soldiers supposedly there to protect them. It is this story that The Settlers’ War tells for the first time.