On this day in history, Congress passed the Dawes Act which both forced indigenous peoples to assimilate into a system of private property ownership and effectively stole millions of acres of what should have been treaty-protected lands.
On this day in history, Jan. 14, 1889, Congress approved “An act for the relief and civilization of the Chippewa Indians in the State of Minnesota.” Not surprisingly, that’s a euphemism. The act did not provide relief. Quite the opposite, it violated treaties, stole Native lands, and otherwise did great damage to the Chippewa people.
(Note: The names Chippewa, Ojibwe, and Anishinaabe all refer to the same people; their name for themselves is Anishinaabe, which is used in the remainder of this blog.)
This 1889 act is commonly referred to as the Nelson Act, after Minnesota Congressman Knute Nelson who pushed it through. He would go on to become both a Minnesota Governor and U.S. Senator. Though most people probably don’t know it, Nelson holds a prominent place of honor at the Minnesota State Capitol; his statue is on front steps overlooking the Capitol mall.
I am sure you could stop people on the Capitol steps and few would be able to name Nelson let alone know anything about him. So here’s what you should know about the man, the statue, and his namesake law. Continue reading
On this day in history, February 8, 1887, the U.S. Congress passed the Dawes Act, perhaps the most significant single piece of legislation to force American Indians to assimilate to western culture. Also known as the General Allotment Act, this law had at least two major lines of attack.
First, it enforced the concept of private land ownership. Tribes held their lands in common. The Dawes Act broke reservation lands into smaller tracts of 40 acres to 160 acres and allotted it to individuals and families.
Second, tribes lost massive amounts of land under the Dawes act, lands that were opened for white settlement. The Indian Land Tenure Foundation explains:
If the amount of reservation land exceeded the amount needed for allotment, the federal government could negotiate to purchase the land from the tribes and sell it to non-Indian settlers. As a result, 60 million acres were either ceded outright or sold to the government for non-Indian homesteaders and corporations as “surplus lands.”
For comparison, the land loss was larger than the state of Minnesota (which is the 12th largest state in the nation, and has approximately 56 million acres of land and water.) Some estimates of Native land loss are higher. An Indian Country Today 2012 article headlined: The Dawes Act Started the U.S. Land-Grab of Native Territory put the loss at 90 million acres, or two-thirds of all Native-held lands prior to the Dawes Act.
The article said:
The Dawes Act was one of the most effective implementations of the colonial and imperialist strategy against Indigenous Peoples of divide-and-conquer—a strategy that combines political, military and economic tactics to gain power over another power by breaking it up into individual units that are powerless to resist domination. It was also an act of lawfare—a relatively new term for an old phenomenon: warfare by legal means. It makes “what was illegal legal,” according to Philip Giraldi, a writer and former CIA military intelligence officer.
TPT offered the following nugget about the bill’s author, Congressman Henry Dawes.
[Dawes] once expressed his faith in the civilizing power of private property with the claim that to be civilized was to “wear civilized clothes…cultivate the ground, live in houses, ride in Studebaker wagons, send children to school, drink whiskey [and] own property.”
On June 30, 1913, Congress created the White Earth Roll Commission to determine which White Earth Band members were full blood and which were mixed blood. This was part of a larger scheme to cheat Ojibwe people of their valuable timber and farm land.
Here’s the quick background. The Dawes Act of 1887 broke the system of tribal ownership of reservation land, allotting land to individual Indians so it could be sold more easily to businesses and settler. It affected White Earth and most other reservations around the country. A 1906 federal law–specific to the White Earth Reservation– lifted land sale restrictions. It allowed mixed blood Indians and full-blooded Indians deemed “competent” by the Interior Department to sell their land.
Within three years of the 1906 law, 85 percent of the White Earth land was bought by private owners, “at minimal cost to the purchasers,” according to: Ransom Powell and the Tragedy of White Earth, an article published in the Minnesota History magazine (Fall 2012). Legal challenges followed, saying the allotments had been wrongfully obtained from both full bloods and minors. One of the key questions, then, was whether the individual White Earth sellers were indeed full bloods or not.
The White Earth Roll Commission was created to determine which band members were full blood and which were mixed blood. It was created at the urging of Ransom Powell, the attorney for the major timber interests who had purchased White Earth lands. His clients wanted the roll to show more mixed bloods and fewer full blooded Indians, thus clearing the land titles. Powell was appointed as one of the two commissioners of the White Earth Roll Commission. Powell not only got paid to serve as a commissioner, but the work he did benefited his clients.
We recommend reading the full article, but here are a few highlights.
The article notes that Powell’s strategy included delay tactics. The Commission did not finish its work until 1920, at which point major logging in White Earth and most of Minnesota was finished.
In addition to doing family ancestry interviews, the White Earth Roll Commission hired two physical anthropologists to determine whether band members were full blood or mixed blood. The job went to Dr. Ales Hrdlicka, head of anthropology at the Smithsonian Institution, and Dr. Albert Jenks of the University of Minnesota. They were paid with timber company funds. According to the article:
In 1915 and 1916, Hrdlicka and Jenks examined 696 allottees who claimed to be full bloods, comparing their physical attributes to the Pima Indians of the southwestern United States, whom the anthropologists considered the most racially ‘pure’ American Indians. They carefully measured and calibrated hair, eyes, nails, gums, head shape, and teeth of White Earth Ojibwe and compared this data to measurements of the Pima. Another exam involved pressing a fingernail across a subject’s chest to see how irritated the skin became. The more an Ojibwe person’s physical attributes resembled a Pima’s, the more likely she or he would be considered to be a full blood by the anthropologists. They also measured attributes of 100 Frenchmen and 50 Scots, who were, in Jenks’ words, “the two racial groups contributing most of the ‘white blood’ to the mixed blood Indians of Minnesota.” The results were messy and in some cases dubious. Children with the same parents were classified differently, and full-blood children were attributed to mixed-blood parents.
The final results of the family ancestries and anthropological work favored Powell’s clients. “Of the 5,173 White Earth allottees, only 408 were considered full bloods–and 306 of them died before the roll was finalized in 1920.”
By 1933, non-Indians owned approximately 94 percent of the White Earth land that had been allotted. In 1986, Congress passed the White Earth Settlement Act, which provided some compensation to heirs. As of 2012, about 10 percent of White Earth was again in Ojibwe hands.
The White Earth Roll developed by Powell “remains to this day the basis for membership in the White Earth Band and for claims regarding federal or state benefits.”
News Updates: Tribal Recognition and Place Names
Passing along a couple of recent news items of interest.
- Indian Tribe Recognition Process Overhauled: According to an AP story on MPR: “The Obama administration is making it easier for some Indian tribes to obtain federal recognition, addressing a longstanding grievance of many Native Americans.The new regulation updates a 37-year-old process that has been roundly criticized as broken because of the many years and mounds of paperwork that typically went into each application.”
- Calhoun Not the First Lake With a Controversial Name: MPR also reported on a push to rename Lake Calhoun. The shooting deaths of nine people at a black church in Charleston, S.C., has focused attention to the continued use of Confederate symbols. Calhoun was a former South Carolina Senator and proponent of slavery. An online petition to rename Lake Calhoun garnered more than 4,000 signatures. As Cloud Man used to have his village by the lake, how about Cloud Man Lake?