“Kill the Indian and Save the Man”The Dawes Act &The Dawes Act &

The Indian Boarding SchoolThe Indian Boarding SchoolWalter C. FlemingWalter C. Fleming

Department Head and ProfessorDepartment Head and Professor

Native American StudiesNative American Studies

Montana State UniversityMontana State University

Reservation System

In 1848, gold was discovered on the South Fork of the American River at Sutter's Mill, near Coloma, bringing a rush of fortune seekers from around the world

In order to clear the way for white settlement, the U.S. Senate in 1853 authorized three commissioners to negotiate treaties with the Indian tribes in California. Eighteen treaties were negotiated. The Indian tribes agreed to give away millions of acres of land in exchange for the U.S. government's promise of protection and lands with adequate water and game to sustain them and their way of life. These lands would have contained about 7.5 million acres, or 7.5 percent of the land area of California. The Indians began moving to their new lands only to find out that the U.S. Senate had refused to ratify their treaties.

A System of Military Posts

Instead of the treaties, the U.S. decided on "a system of military posts" on government-owned reservations. Each of these reservations would put into place a "system of discipline and instruction." The cost of the troops would be "borne by the surplus produce of Indian labor." No treaties were to be negotiated with the Indians; instead they would be "invited to assemble within these reserves."

Native people were rounded up at gunpoint and forced to march to the "reservations."

Creation of Reservations

Treaty (e.g., Flathead Reservation created as the Jocko Reserve by the Stevens or Hellgate Treaty in 1855

Executive Order (e.g., Northern Cheyenne Reservation, created as the Tongue River Reservation in 1884 by President Chester A. Arthur)

Act of Congress (e.g., Blackfeet Reservation, created in 1888)

Allotment and Assimilation Era

1880 - 19341880 - 1934

“Resistance is futile.”

““Getting Civilized”Getting Civilized” Via ChristianizationVia Christianization Via EducationVia Education Via Land OwnershipVia Land Ownership

Via Christianization

Two Fronts Religious suppression Religious

supplantation

Religious Suppression

Courts of Indian Offenses

The Courts of Indian Offenses were first established by Commissioner Price in compliance with instructions issued by Secretary of the Interior Teller December 2, 1882. Secretary Teller, writing to Commissioner Price on this subject, stated that there were certain practices among the Indians he felt should be discouraged. He mentioned the injurious phases of certain dances and rituals, plural marriage, the medicine man and the destruction of property following death. The rules promulgated by the Commissioner stipulated that it should be known as the "Court of Indian Offenses," and that it be presided over by three Indians, each to be styled "Judge of the Court of Indian Offenses." The first three ranking officers of the Indian Police force were to be designated as Judges. Appeals might be taken from the Indian Court to the Indian Bureau. The Indian Bureau Regulations issued September 22, 1884, established these courts.

The Indian Bureau Regulations of April 1, 1904, reveal little change in these regulations. Under the 1904 Regulations, the offenses consisted of participating in a Sun Dance, entering into plural marriage, operating as a "Medicine Man," destruction or theft of property, giving or offering money to a friend or relative to procure a girl for the purpose of cohabiting with her, intoxication or the trafficking in intoxicants, and unauthorized leaves of absence from the reservation.

4th. The "sun-dance," the "scalp-dance," the "war-dance," and all other so-called feasts assimilating thereto, shall be considered "Indian offenses," and any Indian found guilty of being a participant in any one or more of these "offenses" shall, for the first offense committed, be punished by withholding from the person or persons so found guilty by the court his or their rations for a period not exceeding ten days; and if found guilty of any subsequent offense under this rule, shall by punished by withholding his or their rations for a period not less than fifteen days, nor more than thirty days, or by incarceration in the agency prison for a period not exceeding thirty days.

Supplement to Circular No. 1665February 14, 1923

Indian DancingTo Superintendants:

At a conference in October, 1922, of the missionaries of the several religious denominations represented in the Sioux country, the following recommendations were adopted and have been courteously submitted to this office:

1.That the Indian form of gambling and lottery known as the 'ituranpi' (translated 'Give Away') be prohibited. 

2.That the Indian dances be limited to one in each month in the daylight hours of one day in the midweek, and at one center in each district; the months of March and April, June, July, and August be excepted. 

3.That none take part in the dances or be present who are under 50 years of age. 

4.That a careful propaganda be undertaken to educate public opinion against the dance and to provide a healthy substitute. 

5.That there be close cooperation between the Government employees and the missionaries in those matters which affect the moral welfare of the Indians.  These recommendations, I am sure, were the result of sincere thought and discussion, and in view of their helpful spirit, are worthy of our careful consideration. They agree in……

Religious Supplantation

1890’s; Congress appropriated funds to religious denominations to administer schools on reservations

Much of the funds came from “Tribal Funds” – proceeds from the sale of tribal lands.

“Monopoly on Indian Souls”

Commission of Indian Affairs Report, 1881-1882

Hicksite Friends 6 reservations Orthodox Friends 10 Presbyterians 9 Christians 2 Methodists 14 Catholics 7 Reformed Dutch 5 Congregationalists 3 Episcopalians 8 Unitarians 2 Lutherans 1

Remember the Constitution?

Bill of Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; …

Via Education

Boarding Schools

First was Carlisle Indian School, Carlisle, Pennsylvania

Established 1879

Captain Richard Henry Pratt

Former Commanding Officer of the 10th Cavalry (“Buffalo Soldiers”)

Worked with 72 Indian Prisoners at Fort Marian, St Augustine, Florida

Civilization via Immersion

"In Indian education I am a Baptist, because I believe in immersing the Indian in our civilization and when we get them under holding them there until they are thoroughly soaked."

“Kill the Indian …

“A great general has said that the only good Indian is a dead one, and that high sanction of his destruction has been an enormous factor in promoting Indian massacres. In a sense, I agree with the sentiment, but only in this: that all the Indian there is in the race should be dead. Kill the Indian in him, and save the man....” 

Off-reservation Boarding Schools

Carlisle – 1879 Chemawa – 1880 Albuquerque - 1884 Chilocco - 1884 Sante Fe - 1884 Haskell – 1884 Stewart – 1890 Phoenix – 1890 Pierre – 1891 Flandreau - 1893

Tom Torlino, Navajo (1882 and 1885)

Via Land Policies

General Allotment Act

AKA “Dawes Act”

Passed in 1887

Introduced by Senator Henry A. Dawes, Massachusetts

Dawes Speaks for America

“Inasmuch as the Indian refused to fade out, but multiplied under the sheltering care of reservation life, and the reservation itself was slipping away from him, there was but one alternative: either he must be endured as a lawless savage, a constant menace to civilized life, or he must be fitted to become part of that life and be absorbed into it.”

Teddy Roosevelt

“… a mighty pulverizing engine to break up the tribal mass.”

1. Divided tribal lands into small plots for distribution among members of the tribe.

2. Each family head received 160 acres.

3. Once land was distributed to Native Americans, any surplus was sold to white settlers with the profits of those sales going to

Native American schools.

4. To keep the Native Americans' land from falling into the hands of speculators, the federal government held it in trust for 25 years.

5. Finally, American citizenship was granted to Native Americans who accepted their land, lived apart from the tribe, and adopted the habits of "civilized life."

TERMS OF THE DAWES ACT

Yeoman Farmers

Winter of 1886-87 60 Percent of cattle

died in Montana 80°F Wind chill

during the worst storm Jan. 29-Feb. 4, 1887

Scenario One

1,000,000 acre reservation 320 acre allotments 3,125 allottees 1,000,000 acres allotted 0 acres “surplus”

Scenario Two

1,000,000 acre reservation 320 acre allotments 1,000 allottees 320,000 acres allotted 780,000 acres “surplus”

Scenario Three

1,000,000 acre reservation 320 acre allotments 4,000 allottees 1,280,00 acres needed to allot to all

eligible 280,000 allotted on other reservations and

public lands (Turtle Mountain)

OUTCOME OF DAWES ACT

Indian Lands Sold and Alienated 1887 - 1934

Type Acres

Surplus Reservation Land Sold 22,694,658Allotted Land Sold or Alienated 23,225,472Ceded Reservation Land 38,229,109Miscellaneous Losses 3,474,217

Total 87,623,456

From Indian Land Tenure, Economic Status and Population Trends, Land Planning Committee, Washington, D.C., US Government Printing Office, 1934, p.12.

Net Loss

Total Area of All Reservations, 1887 130,730,190

Total Area of All Reservations, 1934 43,035,734

Net Loss 67%

M O N T A N A R E S E R V A T IO N S A N D L A N D S 1

T RUS T

R ES ER VAT IO N T O TA LA R EA

T RIB ALT R US T

% TO T ALTR US T

A LL O T T EDIN DIV ID UALT R US T

% TO T ALT R US T

TO T ALTR US T

% T O TA LAR EA

N O N-T R US TL AN D

% TO T ALAR EA

B la ck fe e t 1 ,5 2 5 ,7 1 2 24 2 ,97 3 2 5.9 % 69 6 ,03 5 74 .1 % 9 39 ,0 09 6 1 .5 % 5 86 ,7 03 3 8 .5 %

C row 2 ,2 8 2 ,7 6 4 40 3 ,57 7 2 6.4 1 ,12 2 ,96 4 73 .6 1 ,5 26 ,5 41 6 6 .9 7 56 ,2 23 3 3 .1

F la th e a d 2 1 ,2 4 2 ,9 6 9 57 3 ,62 9 9 2.4 4 7 ,02 6 7 .6 6 20 ,6 55 4 9 .9 6 22 ,3 14 5 0 .1

F o rt B e lk na p 6 5 1 ,1 1 9 21 0 ,95 4 3 4.5 40 0 ,22 7 65 .5 6 11 ,1 81 9 3 .9 39 ,9 38 6 .1

F o rt Pe c k 3 2 ,0 9 3 ,1 2 4 38 6 ,52 3 4 2.2 52 8 ,62 8 57 .8 9 15 ,1 51 4 3 .7 1 ,1 77 ,9 73 5 6 .3

N . C he ye n ne 4 4 0 ,1 5 7 30 7 ,43 2 6 9.8 12 7 ,08 7 30 .2 4 34 ,5 19 9 8 .7 5 ,6 38 1 .3

R o c k y B o y ’s 1 0 8 ,0 1 5 10 8 ,01 5 1 0 0.0 0 0 .0 1 08 ,0 15 10 0 .0 0 0 .0

T O T A L S 8 ,3 4 3 ,8 6 0 2 ,23 3 ,10 3 4 3.3 2 ,92 1 ,96 8 56 .7 5 ,1 55 ,0 71 6 1 .8 3 ,18 8 ,78 9 3 8 .2

SO U R C E : R e p ort N o. 5 5- 38 -X F Y 82B u re a u o f Ind ia n A ffa irsB illin g s /P o rtla nd R e g io na l O ffic e s

M O N T A N A R E S E R V A T IO N S : L A N D U S E 1

R ES ERVA T IO N TR US T IND IANUS E

% INDIA NUS E 22

N O N-IN DIA NUS E

% N O N-IN DIA N US E

T RIB ALT R US T

% O FTO T AL

IND IVID UALTR US T

% O FT O TA L

B la c k fe e t 93 9 ,00 9 8 1 3,5 2 9 86 .6 % 1 2 5,4 8 0 1 3 .4 % 14 ,3 06 1 1 .4 % 1 1 1,1 7 4 8 8 .6 %

C ro w 1 ,52 6 ,54 1 5 7 5,3 3 7 37 .7 9 5 1,2 0 4 6 2 .3 24 ,8 48 2 .6 9 2 6,3 5 6 9 7 .4

F la the a d 62 0 ,65 5 5 9 0,8 8 5 95 .2 2 6,9 3 0 4 .3 10 ,3 05 3 8 .3 1 6,6 2 5 6 1 .7

Fo rt B e lk na p 61 1 ,18 1 4 9 1,4 3 2 80 .4 1 1 9,7 4 9 1 9 .6 58 ,0 53 4 8 .5 6 1,6 9 6 5 1 .5

Fo rt P e c k 3 91 5 ,15 1 3 9 3,1 9 7 43 .0 5 1 3,3 8 3 5 6 .1 1 86 ,6 72 3 6 .4 3 2 6,7 1 1 6 3 .4

N . C he ye n ne 43 4 ,51 9 4 3 4,1 1 9 99 .9 4 0 0 0 .1 0 0 .0 4 0 0 10 0 .0

R o c k y B o y ’s 10 8 ,01 5 1 0 8,0 1 5 1 00 .0 0 0 .0 0 0 .0 0 0 .0

T O T A L S 5 ,15 5 ,07 1 3,4 0 6,5 1 4 66 .1 1 ,7 3 7,1 4 6 3 3 .7 2 94 ,1 84 1 6 .9 1,4 42 ,9 62 8 3 .1

S O U R C E : R e po rt N o . 55 -3 8- X F Y 8 2B ure a u o f In d ia n A f fa irsB il lin gs /P o rt la nd R e g io na l O ff ice s

You do the math!

10 acres per AUM (Animal Unit Month) 32 AUM $ 1.35 per AUM $43.20 per month or $ 172.80 for four

month lease of 320 acres of reservation land.

Lessee One $ 172.80 for total 320 acres

Lessee has a .15306 interest in whole17,717,616,000 / 115,755,091,200

.15306 X $ 172.80 = $ 26.45

$ 26.45 !

Lessee Two

$ 172.80 for total 320 acres

Lessee has a .000000027 interest in whole3,124 / 115,755,091,200 = .0000000269880351

.000000027 X $ 172.80 = $ 00.00000000046656

$ 00.00000000046656 !

Eroding Sovereignty

Major Crimes Act, 1885 jurisdiction for certain criminal acts

transferred from tribes to Federal Courts Indian Citizenship Act, 1924

granted US citizenship to Indians