2. Indian Commerce Clause of the Constitution and the Indian Trade and Intercourse Act
In 1789 the Indian Commerce Clause is added to the U.S. Constitution. It states that “Congress shall have the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” The clause is recognized as the “principal basis for the federal government’s broad power over Indians.” Indian agents are placed under the jurisdiction of the War Department. Their primary role is to liaise on behalf of the government with Native American tribes and to negotiate treaties with them.
In 1790 the Indian Trade and Intercourse Act is passed. The overseeing and regulation of interactions and trade between Indian and non-Indians is placed under federal rather than state control. The Act also establishes the boundaries of Indian territory, guarantees the protection of Native American land from non-Indian aggression and makes injuries against Native Americans by non-Indians a federal crime. It allows for tribal resolution to conflicts between different tribes within Native American territory. These Acts are renewed periodically between 1790-1834.
In 1824 the Indian Office is established by the Secretary of War which later becomes the Bureau of Indian Affairs in 1849.