Blog #25: The Dawes Act

The Dawes Act begins by stating that the President of the United States has the right to survey any Indian land if he sees potential agricultural opportunity in that land. It also states that he has the right to separate those lands into specific amounts for certain groups of Indians. For each head of the family, 1/4 of a section can be separated. For single people over 18 years old, 1/8 of a section can be separated. To each orphan child under 18 years old, 1/8 of a section will also be separated. Finally, to each single person under 18 or any people who will be born before the date that the President allots land, 1/16 of a section will be separated. If there is not enough land to divide into said proportions, the land will be divided equally. 

Section Two of the Dawes Act states that the allotments of land should be selected by the Indians. For example, parents are allowed to choose specific land for their children and agents are allowed to select for orphans. This ability to choose was much better for the Indians. However, if any Indian did not make a selection within four years after the President alloted land, the Secretary of the Interior might direct the agent of the tribe to make the selection for the Indian himself.

Section Three of the Dawes Act explains that when land is allotted, it must be recorded in the Indian Office, transmitted to the Secretary of the Interior, and deposited in the General Land Office.

Section Four of the Dawes Act says that if any Indian who does not belong to a reservation tries to settle on land not allotted to him or her, then they must apply to the local land-office to have land allotted to them. 

Section Five explains that the United States will hold the allotted land for 25 years, for the sole purpose of benefiting Indians. However, the President can at any time extend this period of time, and any contract going against the President's decision shall be null/void. This section also says that any agricultural land will be preserved by the government for actual settlers. It even says that Indians who obey the Dawes Act will be treated better than those who do not.

Section Six stresses that all people on the specified allotments are still required to obey the law of the state they are in, and no state can pass any law that denies Indians equal protection of the law. Any Indian born within the United States and who has adopted the habits of civilized life can be considered an American citizen and can have the rights of such. 

Section Seven says that where land is used for agricultural purposes, the Secretary of the Interior is allowed to give out rules and regulations to assure equal distribution among Indians. 

Section Eight states that this act does not apply to certain tribes (and it lists these tribes).

Section Nine says that $100,000 is set aside for the reservations, but is to be repaid by the sales of the land.

Section Ten says that nothing shall get in the way of the right of Congress to give Indians allotted land.

Finally, Section Eleven closes the Dawes Act by stating that the Southern Ute Indians will be moved to a new reservation (with the consent of the tribe).

The Land Grant College Act in 1862 set aside land for the construction of colleges. This is similar to how the Dawes Act set aside land for Indian reservations.