Long title | An Act for the protection of the people of the Indian Territory, and for other purposes. |
---|---|
Nicknames | Curtis Act (1898) |
Enacted by | the 55th United States Congress |
Effective | June 28, 1898 |
Citations | |
Public law | Pub. L. 55–517 |
Statutes at Large | 30 Stat. 495 |
Legislative history | |
|
The Curtis Act of 1898 was an amendment to the United States Dawes Act; it resulted in the break-up of tribal governments and communal lands in Indian Territory (now Oklahoma) of the Five Civilized Tribes of Indian Territory: the Choctaw, Chickasaw, Muscogee (Creek), Cherokee, and Seminole. These tribes had been previously exempt from the 1887 General Allotment Act (Dawes Act) because of the terms of their treaties. [1] In total, the tribes immediately lost control of about 90 million acres of their communal lands; they lost more in subsequent years.
The act also transferred the authority to determine members of tribes to the Dawes Commission as part of the registration of members. Thus, individuals could be enrolled as members without tribal consent. [2] By effectively abolishing the remainder of tribal courts, tribal governments, and tribal land claims in the Indian Territory of Oklahoma, the act enabled Oklahoma to be admitted as a state, which followed in 1907. [3]
Officially titled the "Act for the Protection of the People of Indian Territory", the Act is named for former Vice President Charles Curtis, a Republican congressman from Kansas and its author. He was of mixed Native American and European descent: on his mother's side Kansa, Osage, Potawatomi, and French; and on his father's side three ethnic lines of British Isles ancestry. Curtis was raised in part on the Kaw Reservation of his maternal grandparents, but also lived with his paternal grandparents and attended Topeka High School. He read law, became an attorney, and later was elected to the United States House of Representatives and Senate. [4] He served as Vice-President under Herbert Hoover. [5]
In the usual fashion, by the time the bill HR 8581 had gone through five revisions in committees in both the House of Representatives and the Senate, there was little left of Curtis' original draft. In his hand-written autobiography, Curtis noted having been unhappy with the final version of the Curtis Act. [6] He believed that the Five Civilized Tribes needed to make changes. He thought that the way ahead for Native Americans was through education and use of both their and the majority cultures, but he also had hoped to give more support to Native American transitions.
The Curtis Act called for the abolition of tribal governments on March 6, 1906. [7] In 1924, it declared all Indians to be citizens of the United States. [8] Due to the nature of the lands in Indian Territory and the dry climate, the 160-acre allotments were often too small to permit profitable farming, and many Indian families had to give up and lost their lands in future years. [9]
The Act incorporated the basic points regarding land allotments and termination of tribal governments that had earlier appeared in the Atoka Agreement between the Choctaw and Chickasaw Nations. The Atoka Agreement had been rejected by a popular vote of the Chickasaw, but accepted by the Choctaw. The Curtis Act required that the Atoka Agreement be resubmitted to a vote of both nations. The agreement was approved in a joint election on August 24, 1898. [10]
The Curtis Act also scrapped the registration of tribal members that had been conducted under the Dawes Act and ordered new enrollments. [11] This Act extended all provisions of the Dawes Act to the lands of the Five Civilized Tribes. In the end, the large parts declared by the government to be "surplus" to their needs were made available for sale, including to non-Natives. An estimated 90 million acres of land formerly reserved for Native Americans were removed from their control. [12]
The Curtis Act also authorized the incorporation of towns in Indian Territory. This meant that towns had a legal basis for being laid out, surveyed, and plotted. Any individual could obtain title to the lot in fee simple. The title owner of a lot had the legal right to sell or mortgage the property. An incorporated town or city had the right to self-regulation and levy taxes, allowing them to establish public services. By 1900, the largest towns in Indian Territory had incorporated. These included: Ardmore, with 1,500 residents; Muskogee, 4,200; McAlester, 3,500; Wagoner, 2,300; Tulsa, 1,300; and Eufaula, 800. [13]
Residents could not vote for the President or Congress in Indian Territory. The U.S. President appointed territorial government officials, so the question of voting for these officials was irrelevant. However, under the Curtis Act, male residents of Indian Territory, including American Indians, who met voter qualifications were permitted to vote. After Oklahoma was admitted as a state in 1907, residents could also vote for state officials. [13] [14]
The Dawes Act of 1887 regulated land rights on tribal territories within the United States. Named after Senator Henry L. Dawes of Massachusetts, it authorized the President of the United States to subdivide Native American tribal communal landholdings into allotments for Native American heads of families and individuals. This would convert traditional systems of land tenure into a government-imposed system of private property by forcing Native Americans to "assume a capitalist and proprietary relationship with property" that did not previously exist in their cultures. Before private property could be dispensed, the government had to determine which Indians were eligible for allotments, which propelled an official search for a federal definition of "Indian-ness".
Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the United States government for the relocation of Native Americans who held original Indian title to their land as an independent nation-state. The concept of an Indian territory was an outcome of the U.S. federal government's 18th- and 19th-century policy of Indian removal. After the American Civil War (1861–1865), the policy of the U.S. government was one of assimilation.
The term Five Civilized Tribes was applied by the United States government in the early federal period of the history of the United States to the five major Native American nations in the Southeast: the Cherokee, Chickasaw, Choctaw, Muscogee (Creek), and Seminoles. White Americans classified them as "civilized" because they had adopted attributes of the Anglo-American culture.
The Oklahoma Indian Welfare Act of 1936 is a United States federal law that extended the 1934 Wheeler-Howard or Indian Reorganization Act to include those tribes within the boundaries of the state of Oklahoma. The purpose of these acts were to rebuild Indian tribal societies, return land to the tribes, enable tribes to rebuild their governments, and emphasize Native culture. These Acts were developed by John Collier, Commissioner of Indian Affairs from 1933 to 1945, who wanted to change federal Indian policy from the "twin evils" of allotment and assimilation, and support Indian self-government.
The American Dawes Commission, named for its first chairman Henry L. Dawes, was authorized under a rider to an Indian Office appropriation bill, March 3, 1893. Its purpose was to convince the Five Civilized Tribes to agree to cede tribal title of Indian lands, and adopt the policy of dividing tribal lands into individual allotments that was enacted for other tribes as the Dawes Act of 1887. In November 1893, President Grover Cleveland appointed Dawes as chairman, and Meridith H. Kidd and Archibald S. McKennon as members.
The State of Sequoyah was a proposed state to be established from the Indian Territory in the eastern part of present-day Oklahoma. In 1905, with the end of tribal governments looming, Native Americans of the Five Civilized Tribes—the Cherokee, Choctaw, Chickasaw, Creek (Muscogee), and Seminole—in Indian Territory proposed to create a state as a means to retain control of their lands. Their intention was to have a state under Native American constitution and governance. The proposed state was to be named in honor of Sequoyah, the Cherokee who created a writing system in 1825 for the Cherokee language.
Henry Laurens Dawes was an attorney and politician, a Republican United States Senator and United States Representative from Massachusetts. He is notable for the Dawes Act (1887), which was intended to stimulate the assimilation of Native Americans by ending the tribal government and control of communal lands. Especially directed at the tribes in Indian Territory, it provided for the allotment of tribal lands to individual households of tribal members, and for their being granted United States citizenship. This also made them subject to state and federal taxes. In addition, extinguishing tribal land claims in this territory later enabled the admission of Oklahoma as a state in 1907.
The Choctaw Nation of Oklahoma is a Native American reservation occupying portions of southeastern Oklahoma in the United States. At roughly 6,952,960 acres, it is the second-largest reservation in area after the Navajo, exceeding that of eight U.S. states. The seat of government is located in Durant, Oklahoma.
Choctaw Country is the Oklahoma Department of Tourism and Recreation's official tourism designation for Southeastern Oklahoma. The name was previously Kiamichi Country until changed in honor of the Choctaw Nation headquartered there. The current definition of Choctaw Country includes ten counties, being Coal, Atoka, Bryan, Choctaw, McCurtain, Pushmataha, Le Flore, Latimer, Haskell, and Pittsburg counties. The department created the term as one of six designated travel regions within the state. However, other definitions of Southeastern Oklahoma may include additional counties.
Samuel Houston Mayes of Scots/English-Cherokee descent, was elected as Principal Chief of the Cherokee Nation in Indian Territory, serving from 1895 to 1899. His maternal grandfather belonged to the Deer clan, and his father was allied with members of the Cherokee Treaty Party in the 1830s, such as the Adair men, Elias Boudinot, and Major Ridge. In the late nineteenth century, his older brother Joel B. Mayes was elected to two terms as Chief of the Cherokee.
The Choctaw Freedmen are former enslaved Africans, Afro-Indigenous, and African Americans who were emancipated and granted citizenship in the Choctaw Nation after the Civil War, according to the tribe's new peace treaty of 1866 with the United States. The term also applies to their contemporary descendants.
Douglas Hancock Cooper Johnston, also known as "Douglas Henry Johnston", was a tribal leader who served as the last elected governor of the Chickasaw Nation from 1898 to 1902. He was re-elected in 1904 and, after the Dawes Act changed how tribal lands were allocated and regulated in Indian Territory to allow statehood in 1907, he was appointed by President Theodore Roosevelt in 1906 as governor of the tribe under federal authority. He served until his death in office in 1939.
The Yowani were a historical group of Choctaw people who lived in Texas. Yowani was also the name of a preremoval Choctaw village.
The Atoka Agreement is a document signed by representatives of the Choctaw and Chickasaw Indian Nations and members of the United States Dawes Commission on April 23, 1897, at Atoka, Indian Territory. It provided for the allotment of communal tribal lands of the Choctaw and Chickasaw nations in the Indian Territory to individual households of members of the tribes, who were certified as citizens of the tribes. Land in excess of the allotments could be sold to non-natives. Provisions of this agreement were later incorporated into the Curtis Act of 1898, which provided for widespread allotment of communal tribal lands.
The Four Mothers Society or Four Mothers Nation is a religious, political, and traditionalist organization of Muscogee Creek, Cherokee, Choctaw and Chickasaw people, as well as the Natchez people enrolled in these tribes, in Oklahoma. It was formed in the 1890s as an opposition movement to the allotment policies of the Dawes Commission and various US Congressional acts of the period. The society is religious in nature. It opposed allotment because dividing tribal communal lands attacked the basis of their culture. In addition, some communal lands would be declared surplus and likely sold to non-Natives, causing the loss of their lands.
An Organic Act is a generic name for a statute used by the United States Congress to describe a territory, in anticipation of being admitted to the Union as a state. Because of Oklahoma's unique history an explanation of the Oklahoma Organic Act needs a historic perspective. In general, the Oklahoma Organic Act may be viewed as one of a series of legislative acts, from the time of Reconstruction, enacted by Congress in preparation for the creation of a united State of Oklahoma. The Organic Act created Oklahoma Territory, and Indian Territory that were Organized incorporated territories of the United States out of the old "unorganized" Indian Territory. The Oklahoma Organic Act was one of several acts whose intent was the assimilation of the tribes in Oklahoma and Indian Territories through the elimination of tribes' communal ownership of property.
On the eve of the American Civil War in 1861, a significant number of Indigenous peoples of the Americas had been relocated from the Southeastern United States to Indian Territory, west of the Mississippi. The inhabitants of the eastern part of the Indian Territory, the Five Civilized Tribes, were suzerain nations with established tribal governments, well established cultures, and legal systems that allowed for slavery. Before European Contact these tribes were generally matriarchial societies, with agriculture being the primary economic pursuit. The bulk of the tribes lived in towns with planned streets, residential and public areas. The people were ruled by complex hereditary chiefdoms of varying size and complexity with high levels of military organization.
Harry James Watson "Jimmy" Belvin was a Native American educator who served as an Oklahoma State Representative and Senator. He was the first elected principal chief of any of the Five Civilized Tribes in the 20th century, and the longest serving principal chief of the Choctaw Nation of Oklahoma. He saw his tribe through termination, restoration, and a rebirth of Native Pride. He was a polarizing leader, seen by some as a semi-dictator who held onto the office of principal chief and used his power to advocate for complete assimilation into the dominant society, suppressing Choctaw traditions, language and ceremonial practices as undesirable remnants of an unrefined history. To others, he was a well-liked, populist leader, who went door-to-door talking with tribe members, informing them on issues, and trying to develop the means the alleviate the poverty and unemployment they faced.
Sharp v. Murphy, 591 U.S. ___ (2020), was a Supreme Court of the United States case of whether Congress disestablished the Muscogee (Creek) Nation reservation. After holding the case from the 2018 term, the case was decided on July 9, 2020, in a per curiam decision following McGirt v. Oklahoma that, for the purposes of the Major Crimes Act, the reservations were never disestablished and remain Native American country.
Tams Bixby (1855-1922) was best known for his work on the Dawes Commission, which was formed to formally enroll members of the Native American tribes that were to be allotted portions of the tribal lands in what would become Oklahoma, and prepare for the abolition of the tribal governments before the territories could be accepted as a state. Named as a commission member in 1893, he was elevated to chairman after Senator Dawes' death in 1903. In that position, he was the official custodian of over two million of acres of land whose ownership was being transferred from the tribes to individual members. The organization he led numbered at least 500 people and occupied a large special-purpose building erected in downtown Muskogee. Decades later, a Muskogee reporter wrote that he was, "... arguably the most important figure in Indian Territory."