Upvote:2
I can point out a few things from the early 1800βs, although I realize that you are more interested in the later history of the Midwest. The Treaty of Ghent included a provision that the United States not interfere with the natives. This was extension of British foreign policy, which sought to contain the new country.
The Georgia Gold Rush of 1829 brought a large number of prospectors onto Cherokee lands. The state of Georgia had assumed tight control over Native American territories. Supreme Court Justice John Marshall ruled that Native American territories were to be dealt with as a separate, sovereign nation. This meant that they were to be dealt with only by the Federal Government through treaties. Andrew Jackson defied Marshallβs ruling; "John Marshall has made his decision, now let him enforce it!". The Indian Removal Act of 1830 was passed, leading to the Trail of Tears.
The typical narrative is that the Supreme Court protected the natives, while the other branches violated their rights*. I think that the truth may be more complicated. This simple interpretation allows the Supreme Court to remain squeaky clean. The Indian removal act was also opposed by the Whigs and New Englanders. This has undertones of prewar North-South tensions.
*Stephen Breyer, "UNF Presidential Lecture Series", January 22, 2018.