The Curtis Act of 1898 was an amendment to the United States Dawes Act; it resulted in the break-up of tribal governments and communal lands in Indian Territory (now Oklahoma) of the Five Civilized Tribes of Indian Territory: the Choctaw, Chickasaw, Muscogee (Creek), Cherokee, and Seminole. These tribes had been previously exempt from the 1887 General Allotment Act (Dawes Act) because of the terms of their treaties.[1] In total, the tribes immediately lost control of about 90 million acres of their communal lands; they lost more in subsequent years.
Curtis Act of 1898
Long title
An Act for the protection of the people of the Indian Territory, and for other purposes.
The act also transferred the authority to determine members of tribes to the Dawes Commission as part of the registration of members. Thus, individuals could be enrolled as members without tribal consent.[2] By effectively abolishing the remainder of tribal courts, tribal governments, and tribal land claims in the Indian Territory of Oklahoma, the act enabled Oklahoma to be admitted as a state, which followed in 1907.[3]
Officially titled the "Act for the Protection of the People of Indian Territory", the Act is named for former Vice President Charles Curtis, Republican congressman from Kansas and its author. He was of mixed Native American and European descent: on his mother's side Kansa, Osage, Potawatomi, and French; and on his father's side three ethnic lines of British Isles ancestry. Curtis was raised in part on the Kaw Reservation of his maternal grandparents, but also lived with his paternal grandparents and attended Topeka High School. He read law, became an attorney, and later was elected to the United States House of Representatives and Senate.[4] He served as Vice-President under Herbert Hoover.
In the usual fashion, by the time the bill HR 8581 had gone through five revisions in committees in both the House of Representatives and the Senate, there was little left of Curtis' original draft. In his hand-written autobiography, Curtis noted having been unhappy with the final version of the Curtis Act.[5] He believed that the Five Civilized Tribes needed to make changes. He thought that the way ahead for Native Americans was through education and use of both their and the majority cultures, but he also had hoped to give more support to Native American transitions.
Major provisionsEdit
Abolition of tribal governmentsEdit
The Curtis Act called for the abolition of tribal governments on March 6, 1906.[6] In 1924, it declared all Indians to be citizens of the United States. [7] Due to the nature of the lands in Indian Territory and dry climate, the 160-acre allotments were often too small to permit profitable farming, and many Indian families had to give up and lost their lands in future years.[8]
The Act incorporated the basic points regarding land allotments and termination of tribal governments that had earlier appeared in the Atoka Agreement between the Choctaw and Chickasaw Nations. The Atoka Agreement had been rejected by a popular vote of the Chickasaw, but accepted by the Choctaw. The Curtis Act required that the Atoka Agreement be resubmitted to a vote of both nations. The agreement was approved in a joint election on August 24, 1898.[9]
Registration of tribal membersEdit
The Curtis Act also scrapped the registration of tribal members that had been conducted under the Dawes Act and ordered that new enrollments.[10] This Act extended all provisions of the Dawes Act to the lands of the Five Civilized Tribes. In the end, the large parts declared by the government to be "surplus" to their needs were made available for sale, including to non-Natives. An estimated 90 million acres of land formerly reserved for Native Americans were removed from their control.[11]
Incorporation of townsEdit
The Curtis Act also authorized the incorporation of towns in Indian Territory. This meant that towns had a legal basis for being laid out, surveyed and plotted. Any individual could obtain title to the lot in fee simple. The title owner of a lot had the legal right to sell or mortgage the property. An incorporated town or city had the right to self-regulation and levy taxes, allowing them to establish public services. By 1900, the largest towns in Indian Territory had incorporated. These included: Ardmore, with 1,500 residents; Muskogee 4,200; McAlester 3,500; Wagoner 2,300; Tulsa 1,300; and Eufaula 800.[12]
Provision for vote by residentsEdit
The Act also provided that residents could vote for city officials. As the area was still a US Territory, residents could not vote for candidates for national office. Since Territorial government officials were appointed by the President of the United States, the question of voting for these officials was moot. After Oklahoma was admitted as a state in 1907, residents could vote for both state and national officials.[12]
^Wright, Muriel H. A Guide to the Indian Tribes of Oklahoma. Norman, OK: University of Oklahoma Press. 1968
^Tatro, M. Kaye. Encyclopedia of Oklahoma History and Culture. "Curtis Act."[1] 2010-07-20 at the Wayback Machine
^Prucha, Francis Paul. Indian Policy in the United States, Lincoln, Neb.: University of Nebraska Press, 1981.
^Yoho, Carol. "Curtis Cemetery: Topeka, Kansas." Washburn University: Department of Art. 2003-2010 (26 Jan 2011)
^Colvin manuscript, Kansas State Historical Society
^Wilson, Linda D. Encyclopedia of Oklahoma History and Culture. "Statehood Movement." Retrieved May 6, 2013.[2] 2012-11-19 at the Wayback Machine
^Adams, David Wallace. Education for Extinction : American Indians and the Boarding School Experience, 1875-1928 Lawrence, Kan: University Press of Kansas, 1995.
^"Curtis Act Law and Legal Definition | USLegal, Inc". definitions.uslegal.com. Retrieved 2021-12-14.
^"The Curtis Act of 1898". Time. Accessed December 4, 2016.
^"About the 1896 Applications for Enrollment", Oklahoma Historical Society]
^" America 1900: The General Allotment Act.", The American Experience, National Public Radio.
^ abMuskogee Phoenix. "Curtis Act brought changes to towns in Indian Territory." October 27, 2007. Retrieved May 5, 2013."Curtis Act brought changes to towns in Indian Territory", Muskogee Phoenix
External linksEdit
Curtis Act Information & Video, Chickasaw.TV
Charles Curtis; Native-American Indian Vice-President; a biography
, Encyclopedia of Oklahoma History and Culture
"Dawes Act", Our Documents.gov website
"The Curtis Act of 1898". Time. Accessed December 4, 2016.
August 25, 2023
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The Curtis Act of 1898 was an amendment to the United States Dawes Act it resulted in the break up of tribal governments and communal lands in Indian Territory now Oklahoma of the Five Civilized Tribes of Indian Territory the Choctaw Chickasaw Muscogee Creek Cherokee and Seminole These tribes had been previously exempt from the 1887 General Allotment Act Dawes Act because of the terms of their treaties 1 In total the tribes immediately lost control of about 90 million acres of their communal lands they lost more in subsequent years Curtis Act of 1898Long titleAn Act for the protection of the people of the Indian Territory and for other purposes NicknamesCurtis Act 1898 Enacted bythe 55th United States CongressEffectiveJune 28 1898CitationsPublic lawPub L 55 517Statutes at Large30 Stat 495Legislative historyIntroduced in the House as H R 8581 by Charles Curtis R KS Signed into law by President William McKinley R OH on June 28 1898The act also transferred the authority to determine members of tribes to the Dawes Commission as part of the registration of members Thus individuals could be enrolled as members without tribal consent 2 By effectively abolishing the remainder of tribal courts tribal governments and tribal land claims in the Indian Territory of Oklahoma the act enabled Oklahoma to be admitted as a state which followed in 1907 3 Contents 1 History 2 Major provisions 2 1 Abolition of tribal governments 2 2 Land allotments modification 2 3 Registration of tribal members 2 4 Incorporation of towns 2 5 Provision for vote by residents 3 See also 4 References 5 External linksHistory EditOfficially titled the Act for the Protection of the People of Indian Territory the Act is named for former Vice President Charles Curtis Republican congressman from Kansas and its author He was of mixed Native American and European descent on his mother s side Kansa Osage Potawatomi and French and on his father s side three ethnic lines of British Isles ancestry Curtis was raised in part on the Kaw Reservation of his maternal grandparents but also lived with his paternal grandparents and attended Topeka High School He read law became an attorney and later was elected to the United States House of Representatives and Senate 4 He served as Vice President under Herbert Hoover In the usual fashion by the time the bill HR 8581 had gone through five revisions in committees in both the House of Representatives and the Senate there was little left of Curtis original draft In his hand written autobiography Curtis noted having been unhappy with the final version of the Curtis Act 5 He believed that the Five Civilized Tribes needed to make changes He thought that the way ahead for Native Americans was through education and use of both their and the majority cultures but he also had hoped to give more support to Native American transitions Major provisions EditAbolition of tribal governments Edit The Curtis Act called for the abolition of tribal governments on March 6 1906 6 In 1924 it declared all Indians to be citizens of the United States 7 Due to the nature of the lands in Indian Territory and dry climate the 160 acre allotments were often too small to permit profitable farming and many Indian families had to give up and lost their lands in future years 8 Land allotments modification Edit Main article Atoka Agreement The Act incorporated the basic points regarding land allotments and termination of tribal governments that had earlier appeared in the Atoka Agreement between the Choctaw and Chickasaw Nations The Atoka Agreement had been rejected by a popular vote of the Chickasaw but accepted by the Choctaw The Curtis Act required that the Atoka Agreement be resubmitted to a vote of both nations The agreement was approved in a joint election on August 24 1898 9 Registration of tribal members Edit The Curtis Act also scrapped the registration of tribal members that had been conducted under the Dawes Act and ordered that new enrollments 10 This Act extended all provisions of the Dawes Act to the lands of the Five Civilized Tribes In the end the large parts declared by the government to be surplus to their needs were made available for sale including to non Natives An estimated 90 million acres of land formerly reserved for Native Americans were removed from their control 11 Incorporation of towns Edit The Curtis Act also authorized the incorporation of towns in Indian Territory This meant that towns had a legal basis for being laid out surveyed and plotted Any individual could obtain title to the lot in fee simple The title owner of a lot had the legal right to sell or mortgage the property An incorporated town or city had the right to self regulation and levy taxes allowing them to establish public services By 1900 the largest towns in Indian Territory had incorporated These included Ardmore with 1 500 residents Muskogee 4 200 McAlester 3 500 Wagoner 2 300 Tulsa 1 300 and Eufaula 800 12 Provision for vote by residents Edit The Act also provided that residents could vote for city officials As the area was still a US Territory residents could not vote for candidates for national office Since Territorial government officials were appointed by the President of the United States the question of voting for these officials was moot After Oklahoma was admitted as a state in 1907 residents could vote for both state and national officials 12 See also EditDawes Act Dawes Commission Dawes Rolls Atoka Agreement Aboriginal title in the United States Eminent domain in the United States DiminishmentReferences Edit Wright Muriel H A Guide to the Indian Tribes of Oklahoma Norman OK University of Oklahoma Press 1968 Tatro M Kaye Encyclopedia of Oklahoma History and Culture Curtis Act 1 Archived 2010 07 20 at the Wayback Machine Prucha Francis Paul Indian Policy in the United States Lincoln Neb University of Nebraska Press 1981 Yoho Carol Curtis Cemetery Topeka Kansas Washburn University Department of Art 2003 2010 26 Jan 2011 Colvin manuscript Kansas State Historical Society Wilson Linda D Encyclopedia of Oklahoma History and Culture Statehood Movement Retrieved May 6 2013 2 Archived 2012 11 19 at the Wayback Machine Adams David Wallace Education for Extinction American Indians and the Boarding School Experience 1875 1928 Lawrence Kan University Press of Kansas 1995 Curtis Act Law and Legal Definition USLegal Inc definitions uslegal com Retrieved 2021 12 14 The Curtis Act of 1898 Time Accessed December 4 2016 About the 1896 Applications for Enrollment Oklahoma Historical Society America 1900 The General Allotment Act The American Experience National Public Radio a b Muskogee Phoenix Curtis Act brought changes to towns in Indian Territory October 27 2007 Retrieved May 5 2013 Curtis Act brought changes to towns in Indian Territory Muskogee PhoenixExternal links EditCurtis Act Information amp Video Chickasaw TV Charles Curtis Native American Indian Vice President a biography Curtis Act 1898 Encyclopedia of Oklahoma History and Culture Oklahoma Digital Maps Digital Collections of Oklahoma and Indian Territory Dawes Act Our Documents gov website The Curtis Act of 1898 Time Accessed December 4 2016 Retrieved from https en wikipedia org w index php title Curtis Act of 1898 amp oldid 1150262921, wikipedia, wiki, book, books, library,
