The American Indian in the United States, Period 1850-1914: ... The Present Condition of the American Indian; His Political History and Other Topics; A Plea for JusticeMoorehead, Warren K. (Warren King)
History
The American Indian in the United States, Period 1850-1914: ... The Present Condition of the American Indian; His Political History and Other Topics; A Plea for Justice
Moorehead, Warren K. (Warren King)
Indians of North America; Indians of North America -- Government relations -- 1869-1934
“The lands of the Indians were allotted to them with restrictions
against alienation or encumbrance. The Creek land was restricted to
August 8, 1907; the Choctaw and Chickasaw lands could be sold one-fourth
in one year, one-fourth in three years and the remainder in five years
from date of patent. The Cherokee land could not be sold for five years.
Out of each allotment a homestead was reserved, which under the law
allotting it, could not be sold or taxed for twenty-one years. This was
a condition agreed to by the Government in order to get the Indians to
consent to the allotment of their lands. The Creek, Seminole and
Cherokee homestead was 40 acres and the Choctaw and Chickasaw 160 acres.
Directly after the allotting began, a great clamor went up from the
white people to Congress to remove the restrictions on the sale of a
part of the lands allotted. In response to this demand, on April 21,
1904, an act was passed removing the restrictions against the sale of
the lands except homesteads of the adult members of the Five Civilized
Tribes not of Indian blood, which included mainly freedmen citizens of
the tribes and affected 1,500,000 acres of land.
“In the next month, May, 1904, President Roosevelt commissioned Mr. M.
L. Mott of North Carolina to act as National Attorney for the Creek
Tribe of Indians. This appointment was important to the Indians of the
Five Civilized Tribes, for Mr. Mott took a deep interest in their
condition and became a forceful advocate for them; he was instrumental
in impressing enactments upon the Federal statutes and securing from the
Supreme Court constructions of the statutes that are essential to the
Indians’ welfare and that will secure to them their property rights for
many years beyond the time allotted by local consent.
“Soon after Mr. Mott assumed his duties he observed that a large part of
the land made salable by the Act of April 21, 1904, almost immediately
had passed into the hands of white people and the grossly inadequate
consideration received by the allottees had been wasted. This was food
for serious thought.
“In response to a popular demand Congress had removed the restriction
against sale three years before the land was to become alienable
according to the agreements under which it was allotted. The land and
money had been frittered away. Under the law, all restrictions on the
sale of all lands of full-bloods and mixed-bloods, except homesteads, of
the Creeks, Cherokees, Choctaws, and Chickasaws were to expire by
limitation within three or four years. In the light of the experience
under the Act of April 21, 1904, it was not difficult to foretell what
would happen when these restrictions expired under the impending
statehood regime.
Public-domain text, read in full here on John Shaqi.
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