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 Oklahoma trial court held against the contention of the Indians and
the Supreme Court of Oklahoma said that as the lands involved in the
Tiger case were inherited, Congress did not intend to restrict the sale
of them, and that therefore the constitutionality of the Act was not
drawn in question; but the attorneys were convinced that the local
courts did not see this Indian question in the light with which grave
considerations of public policy and conscience illuminated it before the
nation, and they appealed the case to the United States Supreme Court.
This court reversed the holding of the Oklahoma courts and established
the force and effectiveness of the McCumber amendment, for the
much-needed protection of the 40,000 full-blood Indians of the Five
Civilized Tribes as to all their lands; the court said that it rests
with Congress to say when its guardianship of the Indians shall cease
and that it had not surrendered this right by creating the State of
Oklahoma. This decision established the power of Congress in the future
to impose such additional safeguards for the protection of the Indians
in Oklahoma as their necessities may require. On the strength of the
principle established in this case, the Government in behalf of the
Indians brought suits involving 30,000 causes of action against white
people who had taken deeds from Indians who were restricted under the
McCumber amendment, the most of which are now settled favorably to the
Indians.
“Oklahoma with 1,500,000 population, became a State on November 16,
1907, upon a pledge contained in her constitution that she would never
question the jurisdiction of the Federal Government over the Indians and
their lands or its power to legislate by law or regulation concerning
their rights or property. Immediately she had a delegation in Congress
and at once began a determined campaign for further repeal of the laws
enacted for the protection of the Indians. The main argument employed
was that the Indians were competent to care for their property and
needed no legislative protection against improvidence; that the State
could be trusted to afford them all the protection they required and
that Federal guardianship and supervision should cease, as an
interference with the personal privileges and rights of citizens of
Oklahoma. And they made much of the fact that among the mixed-bloods
there are a few individuals who are quite shrewd enough to look out for
themselves.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account