Other short titles | Organic Act Oklahoma |
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Long title | An Act to provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States Court in the Indian Territory, and for other purposes. |
Nicknames | Oklahoma Organic Act of 1890 |
Enacted by | the 51st United States Congress |
Effective | May 2, 1890 |
Citations | |
Public law | 51-182 |
Statutes at Large | 26 Stat. 81 |
Legislative history | |
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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 (much of the state was a place where aboriginal natives have always lived and after forced removal many other tribes were relocated here) 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.
"Indian removal" was a nineteenth-century policy of the US Government to relocate aboriginal natives living east of the Mississippi River to lands west of the river.
The Indian Removal Act, a specific implementation of the Removal Policy, was signed by President Andrew Jackson on May 28, 1830. The Act transformed most of the current state of Oklahoma into an Indian Territory, where southern aboriginal natives (Cherokee, Chickasaw, Choctaw, Creek and Seminole, also called the Five Civilized Tribes) were relocated. The Trail of Tears is a name given to the forced relocation of the Choctaw Nation in 1831.
In 1834, Congress created the first Indian Territory, [1] with the Five Civilized Tribes occupying the land that became the State of Oklahoma, excluding its panhandle.
See: Indian Territory in the American Civil War
Several members of the Five Civilized Tribes owned slaves and had sympathies with the Confederacy. All of the Five Civilized Tribes signed treaties placing themselves "under the protection of the Confederate States of America" [2]
During the Civil War, Congress passed a statute concerning the Abrogation of treaties with Indian Tribes, (codified at 25 USC Sec. 72) which states:
Whenever the tribal organization of any Indian tribe is in actual hostility to the United States, the President is authorized, by proclamation, to declare all treaties with such tribe abrogated by such tribe if in his opinion the same can be done consistently with good faith and legal and national obligations. [3]
As part of the Reconstruction effort following the Civil War, a "Southern Treaty Commission" was formed to meet with Indian tribes to negotiate new treaties. [4] A result of these "Reconstruction Treaties" with various tribes was that the land allocated to the Five Civilized tribes was reduced to the eastern part of the territory, making room for relocation of other Indian tribes. Later, other aboriginal people, such as the Apache, Comanche, Delaware, Kiowa, Cheyenne and Arapaho Tribes and the Osage Nation were also forced to relocate to the Territories (there are currently 38 federally recognized tribes in Oklahoma). [5]
The Southern Treaty Commission formulated the 1866 Treaty of Washington with the Choctaw and Chickasaw Nations [6] which contained the following provisions:
Under the Cherokee Reconstruction Treaty of 1866, the Osage Nation began the process of purchasing approximately 1,570,059 acres in the Cherokee Outlet from the Cherokee Nation. The Osage Reservation was part of Oklahoma Territory under the Oklahoma Organic Act of 1890 and was made a semiautonomous district by the Enabling Act of 1906. With the passage of the Osage Allotment Act of June 28, 1906 (34 Stat. 539 c. 3572), each member of the tribe received an average allotment of 659.51 acres, with no surplus land remaining and the tribe retained ownership of mineral under the land (held in trust by the US Government). [17]
The United States House Committee on Territories was initially formed in 1825. Shortly after the Civil War, the Committee began discussing how best to assimilate the Five Civilized Tribes and how to combine Indian Territory and Oklahoma Territory. It was decided that one component of assimilation would be the distribution of property held in-common by the tribe to individual members of the tribe. [18]
A second component of this decision was that in 1871, Congress decided that the United States would no longer deal with Indian tribes through a formal treaty-making process, providing that "[n]o Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation ...". [19] [20] [21]
From the 1870s through the early 1900s, the Committee on Territories heard arguments from the Five Civilized Tribes that the lands within their territory should not be included within the State of Oklahoma and that a separate State of Sequoyah should be created for the Tribes.
The Cherokee Commission, created by Section 14 of the Indian Appropriations Act of March 2, 1889, was empowered to acquire land in the Cherokee Outlet not occupied by tribes, and to acquire excess land of other tribes in the Oklahoma Territory for non-indigenous homesteading. Eleven agreements involving nineteen tribes were signed over the period of May 1890 through November 1892. Investigations for Commission irregularities continued through the end of the 20th Century.
The 1889 Act also opened the Unassigned Lands to homesteaders, which included the Land Run of 1889 that settled Oklahoma City, Oklahoma.
Congress rejected the Five Civilized Tribes' argument for a State of Oklahoma and a separate State of Sequoyah. On May 2, 1890, the Oklahoma Organic Act was passed officially creating Oklahoma Territory, which initially excluded lands occupied by the Five Civilized Tribes, but reorganized the legal system of Indian Territory, providing for a mechanism to consolidate Oklahoma and Indian Territories. [22]
"The purpose of the Organic Act was to begin the process of creating a state and forming a government, while still allowing time to divide the property of the Five Civilized Tribes and transfer the property from communal to individual ownership." [23]
The act also included the "Public Lands" or "No-man's land" in the present-day Oklahoma panhandle. [24] This land had been part of Texas, But was north of the limit for slavery set by the Compromise of 1850 and so had been given up by Texas upon its entry into the union.
In the 1890s both Oklahoma and Indian Territories contained Indian Reservations.
Indian Territory was primarily a consolidation of the Five Civilized Tribes plus an assortment of tribes in the northeast part of the territory, land administered by the Quapaw Indian Agency.
Oklahoma Territory was essentially an amalgamation of what was left over; land unassigned to other territories and states.
Major components of what would become the State of Oklahoma include:
The Oklahoma Organic Act specifically extended civil and criminal Arkansas laws over the Indian Territory. [25] Historically, non-Indians were not allowed in Indian Territory and the Federal Court in Ft. Smith, Arkansas had jurisdiction over Indian Territory. Arkansas recognizes the doctrine of Riparian water rights, [26] based on English common law, and generally accepted in the eastern part of the United States.
For the Oklahoma Territory, the laws of Nebraska were to prevail. [27] Water rights in Oklahoma Territory and the western United States, water rights were generally allocated under the principle of prior appropriation.
Today Oklahoma has a unique set of water rights statues based on groundwater and streamwater. The owner of land owns the groundwater underlying such land and surface water standing on the land, however the Oklahoma Water Resources Board regulates non-domestic use. Stream water is considered to be publicly owned and subject to appropriation by the Oklahoma Water Resources Board. [28]
The organic act created several Federal District Courts, both in the Indian Territory and Oklahoma Territory. The act also preserved Indian court civil authority by stipulating that "and any person residing in the Territory of Oklahoma, in whom there is Indian blood, shall have the right to invoke the aid of courts therein for the protection of his person or property, as though he were a citizen of the United States: Provided, That nothing in this act contained shall be so construed as to give jurisdiction to the courts established in said Territory in controversies arising between Indians of the same tribe, while sustaining their tribal relations" [29]
The Oklahoma Organic Act provided for a mechanism for Indian tribes to allocate their communally held land to individual tribal members, and to distribute unallocated property to non-Indians. A Land patent, or "first-title deed" would be granted to both tribal members, who received allotments, and to homesteaders who, after a period of time, claimed and improved (or in some cases purchased for $1.25 per acre) the homestead lands via a Land run.
Two sections in each Oklahoma Territory township were to be reserved, in the form of a Land grant, as public school lands, with money from land leases to be used to pay for public education. Later, the Oklahoma Constitution established the Oklahoma Commissioners of the Land Office to manage this resource.
Section-line roads to provide access to land parcels, were to be maintained on each side of every one-mile-square section throughout the territory. This requirement does not apply to the former Osage Reservation, now Osage County, Oklahoma.
Members of an Indian Tribe, who were not already citizens, could apply to become citizens of the United States.
In an effort to entice Indians of Indian Territory to accept their land allotments, it was provided that upon acceptance of an allotment, the Indians were declared to be Citizens of the United States. "Provided, that the Indians who become Citizens of the United States under the provisions of this act do not forfeit or lose any rights or privileges they enjoy or are entitled to as members of the tribe or nation who which they belong." [30]
Existing railroad easements were to remain in effect. Railroads were also given the right to "cross, intersect, join or unite it railroad with any other railroad now constructed or that may hereafter be constructed at any point upon its routes" [31]
"Congress may at any time hereafter change the boundaries of said Territory, or attach any portion of the same to any other State or Territory of the United States without the consent of the inhabitants of the Territory hereby created: Provided, That nothing in this act shall be construed to impair any right now pertaining to any Indians or Indian tribe in said Territory under the laws, agreements, and treaties of the United States, or to impair the rights of person or property pertaining to said Indians, or to affect the authority of the Government of the United States to make any regulation or to make any law respecting said Indians, their lands, property, or other rights which it would have been competent to make or enact if this act had not been passed" [32]
The Dawes Act, (also called "The General Allotment Act") was adopted by Congress in 1887, and authorized a survey of Indian tribal land for the purposes of dividing the land into allotments for individual Indians. Dawes Act was amended in 1891 and again in 1906 by the Burke Act. The General Allotment Act's "goal was to end tribal ownership of land by assimilating Indians as part of an agrarian society." [33] Individual ownership of land was seen as an essential step. The act also provided that the government would purchase Indian land "excess" to that needed for allotment and open it up for settlement by non-Indians.
The Dawes Commission was created by Congress in 1893 as a further attempt to convince the members of tribes to receive their tribal land allotments. Members of the Five Civilized Tribes (Indian Territory) were exempt from the original Dawes Act legislation, and the Dawes Commission was to convince the Five Civilized Tribes to agree to cede tribal title of Indian lands. The commission established procedures for members of Indian tribes in Oklahoma Territory to register with their respective Indian Nations (only one nation if there was mixed ancestry), and procedures to receive land allotments. [34]
The Curtis Act of 1898 amended the Dawes Act, abolishing all tribal courts and gave the United States exclusive jurisdiction over "all controversies growing out of the titles, ownership, occupation, possession, or use of real estate, coal, and asphalt." [35]
A Constitutional Convention was convened by residents of Indian Territory and proposed to Congress that a State of Sequoyah be admitted to the Union. Charles N. Haskell was selected to represent the Creek Nation at the convention, and later became the first Governor of the State of Oklahoma. William H. Murray, represented the Chickasaw and later became the first Speaker of the Oklahoma House of Representatives after statehood, and was elected the ninth Governor of Oklahoma. The proposal failed to gain acceptance in Washington.
The Five Civilized Tribes Act of April 26, 1906 [36] can be seen as the final act leading to Oklahoma Statehood. One of the act's purposes was to pave the way "for Oklahoma's admission to the union on an "Equal footing with the original States", conditioned on its disclaimer of all right and title to lands "owned or held by any Indian, tribe, or nation." [37]
In the Act, Congress unilaterally diminished the power of the five sovereign tribal governments, lost powers were reinstated by the Oklahoma Indian Welfare Act of 1936. The Department of the Interior took over the Indian schools, school funds, and tribal government buildings and furniture. The law provided that the President may appoint a principal chief for any of the tribes. If a chief failed to sign a document presented to him by U.S. authorities, he was either to be replaced or the document could be simply approved by the Secretary of the Interior. [38] The law also provided that:
The Oklahoma Enabling Act of June 16, 1906 [46] provided for the people of Oklahoma and Indian Territories to elect delegates to a state constitutional convention, and established the Territorial capital in Guthrie, Oklahoma, until 1913, when a permanent capital would be selected by a statewide election.
The act also provided "that nothing contained in the said constitution shall be construed to limit or impair the rights of person or property pertaining to the Indians of said Territories (so long as such rights shall remain unextinguished) or to limit or affect the authority of the Government of the United States to make any law or regulation respecting such Indians, their lands, property, or other rights by treaties, agreement, law, or otherwise, which it would have been competent to make if this Act had never been passed." [47]
The same act also provided for the people of New Mexico and of Arizona to form a constitution and State government and be admitted into the Union.
At the time President Roosevelt proclaimed Oklahoma a state on November 16, 1907, there were no Indian Reservations within the state boundaries; former Indian Lands were either held by the U.S. Government in trust for members of the tribes, were allotted to members of the tribe, or distributed through land runs for settlers to homestead, ultimately receiving a Land patent as title to the land. Tribal governments were basically relegated to settling disputes between tribal members based on tribal custom, and being a conduit for federally sponsored community support. Some tribes distributed royalty income to members from oil and gas leases on tribal grounds.
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. The act allowed tribes the option to sell the lands that remained after allotment to the federal government. 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."
The 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 a sovereign independent state. The tribes ceded land they occupied in exchange for land grants in 1803. 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 Trail of Tears was an ethnic cleansing and forced displacement of approximately 60,000 people of the "Five Civilized Tribes" between 1830 and 1850 by the United States government. As part of the Indian removal, members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw nations were forcibly removed from their ancestral homelands in the Southeastern United States to newly designated Indian Territory west of the Mississippi River after the passage of the Indian Removal Act in 1830. The Cherokee removal in 1838 was brought on by the discovery of gold near Dahlonega, Georgia, in 1828, resulting in the Georgia Gold Rush.
The term Five Civilized Tribes was applied by European Americans in the colonial and early federal period in the history of the United States to the five major Native American nations in the Southeast, the Cherokee, Chickasaw, Choctaw, Muscogee, and Seminoles. Americans of European descent 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 Unassigned Lands in Oklahoma were in the center of the lands ceded to the United States by the Creek (Muskogee) and Seminole Indians following the Civil War and on which no other tribes had been settled. By 1883, it was bounded by the Cherokee Outlet on the north, several relocated Indian reservations on the east, the Chickasaw lands on the south, and the Cheyenne-Arapaho reserve on the west. The area amounted to 1,887,796.47 acres.
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.
Three agreements, each known as a Treaty of Hopewell, were signed between representatives of the Congress of the United States and the Cherokee, Choctaw, and Chickasaw peoples. They were negotiated and signed at the Hopewell plantation in South Carolina over 45 days during the winter of 1785–86.
The Choctaw Nation of Oklahoma is a Native American territory covering about 6,952,960 acres, occupying portions of southeastern Oklahoma in the United States. The Choctaw Nation is the third-largest federally recognized tribe in the United States and the second-largest Indian reservation in area after the Navajo. As of 2011, the tribe has 223,279 enrolled members, of whom 84,670 live within the state of Oklahoma and 41,616 live within the Choctaw Nation's jurisdiction. A total of 233,126 people live within these boundaries, with its tribal jurisdictional area comprising 10.5 counties in the state, with the seat of government being located in Durant, Oklahoma. It shares borders with the reservations of the Chickasaw, Muscogee, and Cherokee, as well as the U.S. states of Texas and Arkansas. By area, the Choctaw Nation is larger than eight U.S. states.
The history of Oklahoma refers to the history of the state of Oklahoma and the land that the state now occupies. Areas of Oklahoma east of its panhandle were acquired in the Louisiana Purchase of 1803, while the Panhandle was not acquired until the U.S. land acquisitions following the Mexican–American War (1846–1848).
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 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 because of the terms of their treaties. In total, the tribes immediately lost control of about 90 million acres of their communal lands; they lost more in subsequent years.
The Choctaw freedmen are former enslaved African Americans who were emancipated and granted citizenship in the Choctaw Nation after the Civil War, according to the tribe's new peace treaty with the United States. The term also applies to their contemporary descendants.
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.
Oklahoma Tribal Statistical Area is a statistical entity identified and delineated by federally recognized American Indian tribes in Oklahoma as part of the U.S. Census Bureau's 2010 Census and ongoing American Community Survey. Many of these areas are also designated Tribal Jurisdictional Areas, areas within which tribes will provide government services and assert other forms of government authority. They differ from standard reservations, such as the Osage Nation of Oklahoma, in that allotment was broken up and as a consequence their residents are a mix of native and non-native people, with only tribal members subject to the tribal government. At least five of these areas, those of the so-called five civilized tribes of Cherokee, Choctaw, Chickasaw, Creek and Seminole, which cover 43% of the area of the state, are recognized as reservations by federal treaty, and thus not subject to state law or jurisdiction for tribal members.
The Cherokee Commission, was a three-person bi-partisan body created by President Benjamin Harrison to operate under the direction of the Secretary of the Interior, as empowered by Section 14 of the Indian Appropriations Act of March 2, 1889. Section 15 of the same Act empowered the President to open land for settlement. The Commission's purpose was to legally acquire land occupied by the Cherokee Nation and other tribes in the Oklahoma Territory for non-indigenous homestead acreage.
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.
The Treaty of Pontotoc Creek was a treaty signed on October 20, 1832 by representatives of the United States and the Chiefs of the Chickasaw Nation assembled at the National Council House on Pontotoc Creek in Pontotoc, Mississippi. The treaty ceded the 6,283,804 million acres of the remaining Chickasaw homeland in Mississippi in return for Chickasaw relocation on an equal amount of land west of the Mississippi River.
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.