Lucero v. United States (1869)
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Lucero v United States was a Supreme Court decision that ruled that the Pueblo Tribe of New Mexico wasn't legally protected under the Nonintercourse Acts. The Nonintercourse Acts gave protection of Land to the Indigenous People of the United States. Under one of those acts, Native American land couldn't be sold by the government. Due to the Pueblo being assimilated, they weren't considered legally Indian, so they couldn't be protected and thus, their land was sold.
Background
Rights of Native Americans
The US government decided to protect the rights of indigenous people due to the belief of Natives being dependent on the government. This introduced the nonintercourse act. It gave different rights to the indigenous populations as it added them year by year. In 1970, the first act was passed by congress. [1]In this act, Native American land could not be sold without Congress approving in a public treaty. With this act, America now had control over Indian affairs, and more would be added to regulate trade and commerce.
These rights also determined citizenship rights. It helped answer the question if natives could be considered citizens.
Mexican American War and the Treaty of Guadalupe Hidalgo
Mexico had seen everyone as equals. Everyone was considered mexican due to the mestizo population, even at times having African blood. The Mexican American War caused a significant land to be lost. When Mexico surrounded its land, America promised to give the Mexican population citizenship. Despite being considered citizens, they still faced discrimination due to not being seen as american due to having a mixed ancestry and being catholic instead of having anglo-saxen heritage. Many were also under the impression that their land property wouldn't be sold and still be honored albiet now considered American land.
Arguments and Decisions
Lucero
Lucero was of pueblo decand. many peublo indians were living in the New Mexico Terrioty. Their property was being sold by the us government. It was challenged with the argument that thier land couldn't be sold since it was protected by the noninterouce act of 1834.
Assimilation
The supreme court ruled that Pueblo Land was not protected under the Nonintercouse act since people of Pueblo Descandt were not legally considred natives. To them, natives referred to savages, that is people who haven't assimlated. If they didn't act american in lnagaguage or dress, they were legally indians due to be savages. If they did assimlate, then they were citizens, thus it was okay for the government to take their land.
References
1) “Federal Indian Law—First Circuit Court of Appeals Clarifies Penobscot Nation’s Reservation Boundary—Penobscot Nation v. Mills, 861 F.3d 324 (1st Cir. 2017). | Suffolk Law Review.” 2017. Suffolk.edu. 2017. https://sites.suffolk.edu/lawreview/2018/06/18/firstcircuitcourtofappealsclarifiespenobscotnationsreservationboundary/.