Political Principles and Indian Sovereignty by Thurman Lee Hester Jr

Author:Thurman Lee Hester, Jr. [Thurman Lee Hester, Jr.]
Language: eng
Format: epub
Tags: History, General, Indigenous Peoples of the Americas
ISBN: 9781136544156
Google: wnfrwAXFZ0cC
Publisher: Routledge
Published: 2013-05-13T15:55:47+00:00

It is interesting to note that this case had been documented for more than 28 years by the time Grover Cleveland asked for action. It might never have been addressed had it not been for the passage of the General Allotment Act. To have Indians destitute from past allotments on hand when the remaining Indians were to be accorded the same treatment was all too embarrassing. As it was, this case and others provide significant foreshadowing of the events that would occur under the General Allotment Act.

The General Allotment Act8 or “Dawes Act” was passed in 1887, only two years after Congress extended its criminal jurisdiction over Indian country. This act authorized the breakup of reservations into individually owned plots of land. Indians accepting allotments and adopting “the habits of civilized life” would automatically be made citizens of the United States. The end result was supposed to be the dissolution of the tribes. Though the allotments were fairly large, even when parceled out to every tribal member it did not take all the holdings of the tribe to furnish the plots. This meant that there was a surplus. As with the 1860 allotment, it was a surplus that would be given to whites.

Several tribes, most notably the Five Tribes, were exempted from the General Allotment Act for a variety of reasons. They were politically astute and able to lobby on their own behalf; they had relatively successful governments with constitutions; they had prosperous citizens; and some, like the Choctaw, had treaties that seemed to preclude the act.9 They were under constant pressure to accept allotment, but consistently refused. Though the refusal was partially based on the importance of common ownership of land, it was as much a matter of citizenship. An illustration of this is the Choctaw reaction to the Oklahoma Organic Act of 189010 which, among other things, allowed Indians in Indian Territory to apply for U.S. citizenship without forfeiting tribal rights.

The Choctaws were greatly aroused over this attempt to undermine their government, and strong efforts were made to prevent their citizens from taking the oath of allegiance to the United States. When the Council met, a law was passed disqualifying such apostates from voting, holding office, or serving on the jury. The United States had expected that large numbers would apply for citizenship, but almost the only applications came from a few who had violated Choctaw law and wished to escape the jurisdiction of the tribal courts.11

The main effect of the Oklahoma Organic Act was to further whittle down the Indian Territory. The Territory of Oklahoma was created out of that portion of Indian Territory not owned by the Five Tribes. Thus by the end of 1890, Indian Territory had been reduced to the holdings of the Five Tribes. The Five Tribes steadfastly maintained their treaty rights in the face of growing pressure for allotment. By 1894, the Dawes Commission was using the oldest argument for the allotment of Five Tribes land.

The resources of the Territory itself have

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