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What are reserved rights in regard to the relationship between Native American people and the US government?
Wiki User
∙ 12y ago
As a general statement: Reserved rights were clauses in treaties between the US and the Indian tribe which reserved some portion of action, jurisdiction, land use and things of that nature.
As a small and very incomplete example:
The Delaware Treaty of 1782 reserved: (loosly quoted) "That any offender against the other people will be held and turned over to their respective government, where they will be tried by a jury of half Indians and half whites with two judges, one Indian and one white.."
Basically this reservation was that any offender was to be surrendered to his government, and then tried by a mixed court.
The Treaty of Red Crossing 1863 reserved: (loosly quoted) "That the waterways and railheads, in the aforementioned boundaries, shall be under the authority and control of the United States except that the Indians will have full rights of travel and no impediment to fish those waterways..."
Basically these reservations were that the area described belonged to the Indians except for the rivers and train lines, but that no restriction was put on the Indians for fishing.
There is one other key involvement in the reservation of rights. The US Government restricted states, individuals, and companies from dealing directly with Indians in any fashion without the approval of the US Government.
Wiki User
∙ 12y ago
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