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The many congressional acts and plans for the administration of Indian affairs in the West often resulted in confusion and misapplication. Only rarely were the ideals of those who sincerely wished to help American Indians realized. This book, first printed as a part of the hearings before the House of Representatives Committee on Indian Affairs in 1934, is a detailed and fully documented account of the Dawes Act of 1887 and its consequences up to 1900. D. S. Otis's investigation of the motives of the reformers who supported the Dawes Act indicates that it failed to fulfill many of the hopes of its sponsors. The reasons for the act's failure were complex but predictable. Many Indians were not culturally prepared for severalty. Provisions in the act for leasing or selling their land enabled many to circumvent the responsibilities of private ownership, which reformers and bureaucrats alike had thought would provide a “civilizing” influence. The Dawes Act and the Allotment of Indian Land is the only full-scale study of the Dawes Act and its impact upon American Indian society and culture. With the addition of an introduction, revised footnotes, and an index by Francis Paul Prucha, S. J., it is essential to any understanding of the present circumstances and problems of American Indians today.
Perhaps no other symbol has more resonance in African American history than that of "40 acres and a mule"—the lost promise of Black reparations for slavery after the Civil War. In I've Been Here All the While, we meet the Black people who actually received this mythic 40 acres, the American settlers who coveted this land, and the Native Americans whose holdings it originated from. In nineteenth-century Indian Territory (modern-day Oklahoma), a story unfolds that ties African American and Native American history tightly together, revealing a western theatre of Civil War and Reconstruction, in which Cherokee, Choctaw, Chickasaw, Creek, and Seminole Indians, their Black slaves, and African Americans and whites from the eastern United States fought military and rhetorical battles to lay claim to land that had been taken from others. Through chapters that chart cycles of dispossession, land seizure, and settlement in Indian Territory, Alaina E. Roberts draws on archival research and family history to upend the traditional story of Reconstruction. She connects debates about Black freedom and Native American citizenship to westward expansion onto Native land. As Black, white, and Native people constructed ideas of race, belonging, and national identity, this part of the West became, for a short time, the last place where Black people could escape Jim Crow, finding land and exercising political rights, until Oklahoma statehood in 1907.
Between the early 17th century and the early 20th, nearly all U.S. land was transferred from American Indians to whites. Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers--time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.
A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.
The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.
Unearthing Indian Land offers a comprehensive examination of the consequencesof more than a century of questionable public policies. In this book,Kristin Ruppel considers the complicated issues surrounding American Indianland ownership in the United States. Under the General Allotment Act of 1887, also known as the Dawes Act,individual Indians were issued title to land allotments while so-called ÒsurplusÓIndian lands were opened to non-Indian settlement. During the forty-seven yearsthat the act remained in effect, American Indians lost an estimated 90 millionacres of landÑabout two-thirds of the land they had held in 1887. Worse, theloss of control over the land left to them has remained an ongoing and insidiousresult. Unearthing Indian Land traces the complex legacies of allotment, includingnumerous instructive examples of a policy gone wrong. Aside from the initialcatastrophic land loss, the fractionated land ownership that resulted from theactÕs provisions has disrupted native families and their descendants for morethan a century. With each new generation, the owners of tribal lands grow innumber and therefore own ever smaller interests in parcels of land. It is not uncommonnow to find reservation allotments co-owned by hundreds of individuals.Coupled with the federal governmentÕs troubled trusteeship of Indian assets,this means that Indian landowners have very little control over their own lands. Illuminated by interviews with Native American landholders, this book isessential reading for anyone who is interested in what happened as a result of thefederal governmentÕs quasi-privatization of native lands.
Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.