Five Civilized Tribes
“How different would be the sensation of a philosophic mind to reflect that instead of exterminating a part of the human race by our modes of population, that we had persevered through all difficulties and at last had imparted our Knowledge of cultivating and the arts, to the Aboriginals of the Country by which, the source of future life and happiness had been preserved and extended. But it has been conceived to be impracticable to civilize the Indians of North America. This opinion is probably more convenient than just.”
– Henry Knox – Notes to George Washington
The term Five Civilized Tribes evokes a complex and often contradictory period in American history. It refers to the Cherokee, Chickasaw, Choctaw, Creek (Muscogee), and Seminole nations. This designation, bestowed by Anglo-European settlers during the colonial and early federal periods, was rooted in the observation that these tribes had adopted numerous customs and practices mirroring those of the colonists. This included aspects of governance, agriculture, education, and even dress. While the term "civilized" may seem complimentary on the surface, it is important to examine the historical context and the implications it held for these distinct and sovereign nations.
The phrase Five Civilized Tribes began appearing in official reports, notably within the records of the Indian Office as early as 1876. These reports acknowledged the sophisticated governmental structures that had developed within each tribe. Each nation operated under a constitutional framework, complete with legislative, judicial, and executive branches, mirroring the organizational structure of state governments within the United States. Impressively, these governmental operations were funded entirely through the tribes’ own resources, demonstrating a level of self-sufficiency and organizational capacity. However, despite this recognition, a crucial disparity existed: no legal framework existed to address disputes between a member of one of these tribes and a citizen of the United States, or a U.S. corporation, revealing the limitations of the respect afforded to tribal sovereignty.
A defining characteristic that distinguished the Five Civilized Tribes from many other Native American nations was the manner in which they held land. Unlike the reservation system, where land was held in trust by the federal government, the Five Civilized Tribes possessed their lands through patents or deeds. These documents, while conveying a sense of ownership, also contained restrictions related to alienation (the transfer of ownership), reversion (the return of property to a previous owner under certain conditions), and limitations on activities such as timber harvesting, mining, and grazing within their respective territories. These restrictions, imposed by the U.S. government, highlighted the tenuous nature of tribal land ownership, even when seemingly formalized through legal documents.
Prior to the 19th century, all Five Civilized Tribes inhabited the Southeastern United States. Their homelands encompassed vast and fertile territories, where they had developed distinct cultures, traditions, and economies over centuries. However, the relentless westward expansion of the United States, fueled by a desire for land and resources, led to increasing pressure on these tribes to relinquish their ancestral territories. This pressure culminated in the passage of the Indian Removal Act of 1830, a watershed moment in American history that irrevocably altered the fate of the Five Civilized Tribes and numerous other Native American nations.
The Indian Removal Act, signed into law by President Andrew Jackson in May 1830, mandated the relocation of all Native American tribes living east of the Mississippi River to lands west of the river. This policy, driven by expansionist ambitions and justified by a belief in the racial and cultural superiority of white settlers, disregarded the sovereignty and inherent rights of the affected tribes. The consequences were devastating, resulting in forced displacement, loss of life, and the destruction of established communities. The term Five Civilized Tribes became tragically ironic as the very government that had acknowledged their advancements orchestrated their removal.
Over the subsequent decades, the Five Civilized Tribes were forcibly removed from their ancestral homes to Indian Territory, which later became the state of Oklahoma. This relocation occurred through a series of removals authorized by federal legislation, often carried out with brutality and disregard for human suffering. The most infamous of these removals is the Trail of Tears, the name given to the Cherokee removal, where thousands perished from disease, starvation, and exposure during the arduous journey westward. The Chickasaw Nation acquired its lands in Indian Territory through treaties with the United States and the Choctaw, while the Seminole obtained their territory from the Creek tribe. The territory assigned to these five tribes within present-day eastern Oklahoma encompassed approximately 30,431 square miles.
The Civil War, which erupted in 1861, further complicated the already fraught relationship between the Five Civilized Tribes and the United States. Political divisions emerged within the tribes, mirroring the divisions within the nation as a whole. The Choctaw and Chickasaw nations aligned themselves with the Confederacy, while the Creek and Seminole nations generally supported the Union. The Cherokee Nation experienced a civil war within its own borders, pitting pro-Confederate factions against pro-Union factions. These divisions reflected a complex interplay of factors, including economic ties, political alliances, and differing views on the issue of slavery.
Although the number of slaveholders within the Five Civilized Tribes was relatively small compared to the white population of the South, the institution of slavery did exist among them. Furthermore, free African Americans also resided within these tribal communities, particularly among the Seminole, where they became known as Black Indians. Following the Civil War, the federal government’s peace treaties with the tribes mandated the emancipation of slaves and guarantees of citizenship within each nation. These formerly enslaved people became known as tribal Freedmen, such as the Cherokee Freedmen. However, determining the status of these Freedmen within the tribes proved to be a contentious issue.
The treaties of 1866 stipulated that Freedmen should be subject to the same laws as tribal members and entitled to a share of land and rights, though the specifics varied among the different tribes. The Chickasaw Nation, for instance, refused to automatically grant citizenship to Freedmen, instead requiring them to undergo the same naturalization process as any other non-Chickasaw seeking citizenship. This stance led to the U.S. government penalizing the Chickasaw Nation by seizing over half of their lands without compensation. Other issues arose within the tribes regarding access to education and other privileges for Freedmen, highlighting the ongoing challenges of integrating formerly enslaved people into tribal societies.
Despite promises from the United States government that the lands of the Five Civilized Tribes would be protected from white settlement, these assurances were frequently violated. Thousands of settlers illegally encroached upon tribal lands, further eroding the sovereignty and territorial integrity of these nations. In May 1890, the government abolished tribal land ownership, allotting individual parcels of acreage to each tribal member. In 1893, the government opened the remaining land to outside settlement, marking a significant turning point in the history of the Five Civilized Tribes and paving the way for the dissolution of their communal land base.
In 1907, the Oklahoma Territory and the Indian Territory were merged to form the state of Oklahoma. This event effectively dissolved the separate political entities of the Five Civilized Tribes and integrated them into the broader framework of the United States. However, the legacy of the Five Civilized Tribes endures. All five nations continue to maintain a significant presence in Oklahoma today, preserving their cultural heritage, asserting their sovereignty, and working to improve the lives of their citizens. Their story serves as a reminder of the complex and often tragic history of Native Americans in the United States, and the ongoing struggle for self-determination and cultural preservation.