Enclosures of land and sovereignty the allotment of american indian lands

Radical History Review

Volumn , Issue 109, 2011, Pages 108-119

  Chang, David A ^a  

^a NONE

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EID: 78751524746     PISSN: 01636545     EISSN: 15341453     Source Type: Journal    
DOI: 10.1215/01636545-2010-018     Document Type: Article

References (51)

1. Only a handful of scholars have explored allotment as a species of enclosure or an inheritor of English enclosure. For a recent example.note.
2. see Stuart Banner, How the Indians Lost Their Lands: Law and Power on the Frontier (Cambridge, MA: Belknap, 2005),37-39.
3. Nancy Shoemaker examines the relationship and the distinction between enclosure and allotment, as this article discusses below. Nancy Shoemaker, A Strange Likeness: Becoming Red and White in Eighteenth- Century North America (Oxford: Oxford University Press, 2004), 20.
4. Without specifcally invoking English enclosure, the literary scholar Melissa Ryan portrays the reservation system and allotment as two in "an ongoing series of enclosures and spatial reductions" in American Indian history.note.
5. Melissa Ryan, "The Enclosure of America: Civilization and Confnement in Willa Cather's O Pioneers!" American Literature 75 (2003): 293.
6. William Cronon's work on colonial New England does not use the term enclosure, but it suggests other ways that the notion of land enclosure can usefully be applied to American Indian history. See his Changes in the Land: Indians, Colonists, and the Ecology of New England (New York: Hill and Wang, 1983), 127.
7. Overviews of allotment legislation and the movement in favor of allotment can be found in D. S. Otis, The Dawes Act and the Allotment of Indian Lands (Norman: University of Oklahoma Press, 1973); and Banner, How the Indians Lost Their Lands, 275 -278.
8. Nicholas C. Peroff, Menominee Drums: Tribal Termination and Restoration, 1954-1974 (Norman: University of Oklahoma Press, 1982), 12;
9. Banner, How the Indians Lost Their Lands, 257;
10. Edmund Jefferson Danziger Jr., Great Lakes Indian Accommodation and Resistance during the Early Reservation Years (Ann Arbor: University of Michigan Press, 2009), 118.
11. One of the most complete histories of allotment on one reservation is Melissa L. Meyer, The White Earth Tragedy: Ethnicity and Dispossession at a Minnesota Anishinaabe Reservation, 1889-1920 (Lincoln: University of Nebraska Press, 1994).
12. David E. Wilkins, American Indian Politics and the American Political System (Lanham, MD: Rowman and Littlefeld, 1997), 169.
13. In 2008, Indian plaintiffs won a class- action suit in federal court over the federal mismanagement of individual trust moneys. The U.S. Supreme Court affrmed this victory the following year in the Cobell v. Salazar decision. This decision also established measures to try to address the problems of fractionated ownership. Note.
14. "Cobell Lawsuit on Indian Trust Management Settled," Circle, January 2010, 2.
15. Some monographs include Otis, The Dawes Act; Wilcomb E. Washburn, The Assault on Indian Tribalism: The General Allotment Law (Dawes Act) of 1887 (Philadelphia: Lippencott, 1975);
16. Meyer, White Earth Tragedy; Kent Carter, The Dawes Commission and the Allotment of the Five Civilized Tribes, 1893-1917 (Orem, UT: Ancestry.com, 1999);
17. Emily Greenwald, Reconfguring the Reservation: The Nez Perces, Jicarilla Apaches, and the Dawes Act (Albuquerque: University of New Mexico Press, 2002);
18. Banner, How the Indians Lost Their Land; and Laurence M. Hauptman and L. Gordon McLester III, eds., The Oneida Indians in the Age of Allotment, 1860 - 1920 (Norman: University of Oklahoma Press, 2006).
19. Angie Debo, And Still the Waters Run: The Betrayal of the Five Civilized Tribes (Princeton, NJ: Princeton University Press, 1940);
20. James W. Oberly, "The Dawes Act and the Oneida Indian Reservation of Wisconsin," in Hauptman and McLester, Oneida Indians, 184-199.
21. Meyer, White Earth Tragedy; Laurence M. Hauptman, "The Wisconsin Oneidas and the Federal Competency Commission of 1917," in Hauptman and McLester, Oneida Indians, 200-225
22. The surge of recent literature that is concerned at least in part with Indian citizens of African descent and with the effects of allotment and enrollment on their status includes Tiya Miles, Ties That Bind: The Story of an Afro- Cherokee Family in Slavery and Freedom (Berkeley: University of California Press, 2005);
23. Claudio Saunt, Black, White, and Indian: Race and the Unmaking of an American Family (Oxford: Oxford University Press, 2005);
24. Gary Zellar, African Creeks: Estelvste and the Creek Nation (Norman: University of Oklahoma Press, 2007);
25. Celia Naylor, African Cherokees in Indian Country (Chapel Hill: University of North Carolina Press, 2008);
26. Ariela Gross, What Blood Won't Tell: A History of Race on Trial in America (Cambridge, MA: Harvard University Press), 140-177;
27. David Chang, The Color of the Land: Race, Nation, and the Politics of Landownership in Oklahoma, 1832-1929 (Chapel Hill: University of North Carolina Press, 2010).
28. Landmarks in this series of encroachments on Native sovereignty include the 1885 Major Crimes Act, which extended federal jurisdiction over certain crimes between Indian individuals on reservation lands; the 1886 Kagama decision, in which the Supreme Court deemed the Major Crimes Act to be constitutional; the ruling of the court in Matter of Heff (1905) that receipt of an allotment conferred American citizenship and thus made legislation such as the prohibition of liquor sales to Indians inapplicable; the Burke Act (1906), which provided for the removal of trust restrictions on allotment lands; and the United States v. Nice decision (1916), which declared that the federal government could treat Indians as wards, whether or not they were citizens.note.
29. See Vine Deloria Jr. and David E. Wilkins, Tr i bes, Treaties, and Constitutional Tribulations (Austin, University of Texas Press, 1999), 147;
30. David E. Wilkins, American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice (Austin: University of Texas Press, 1997), 118;
31. David E. Wilkins, American Indian Politics, 58-59.
32. Shoemaker, A Strange Likeness, 20.
33. Thomas J. Farrar to Dana H. Kelsey, August 27, 1908, Box 4409, File Creek 306, Entry 121, Central Classifed File, Records of the Bureau of Indian Affairs, Record Group 75, National Archives Building, Washington, DC. See also Chang, Color of the Land, 123-124.
34. Excellent recent works on the politics of blood in U.S. colonial contexts include Circe Sturm, Blood Politics: Race, Culture, and Identity in the Cherokee Nation of Oklahoma (Berkeley: University of California Press, 2002)
35. J. Kehaulani Kauanui, Hawaiian Blood: Colonialism and the Politics of Sovereignty and Indigeneity (Durham, NC: Duke University Press, 2009).
36. Against those who presume that federal agents effectively imposed blood or other criteria for enrollment, Alexandra Harmon argues that in the case of the Colville Reservation, "federal agents did not brainwash or impose their will on Indians." The roll "embodied Indians' thinking about tribal relations, including their diverse and changing reactions to the government's legal guidelines." Note.
37. Alexandra Harmon, "Tribal Enrollment Councils: Lessons on Law and Identity," Western Historical Quarterly 32 (2001): 179.
38. Alexandra Harmon, "Lines in Sand: Shifting Boundaries between Indians and Non- Indians in the Puget Sound Region," Western Historical Quarterly 26 (1995): 429-453;
39. James H. Merrell, The Indians' New World: Catawbas and Their Neighbors from European Contact through the Era of Removal (Chapel Hill: University of North Carolina Press: 1989), 92-133;
40. James Axtell, "The White Indians of Colonial America," William and Mary Quarterly, 32 (1975): 55-88
41. Chang, Color of the Land, 32.
42. Chang, Color of the Land, 21.
43. United States, Commission to the Five Civilized Tribes, Final Rolls of the Citizens and Freedmen of the Five Civilized Tribes in Indian Territory (Baltimore: Genealogical Publishing, 2003).
44. Frances Paul Prucha, American Indian Treaties: The History of an Anomaly (Berkeley: University of California Press, 1994), 365.
45. David L. Beaulieu, "Curly Hair and Big Feet: Physical Anthropology and the Implementation of Land Allotment on the White Earth Chippewa Reservation," American Indian Quarterly 8 (1984): 281-314.
46. Meyer, White Earth Tragedy, 153, 163, 165-170.
47. Stephen Jay Gould, The Mismeasure of Man (New York: Norton, 1996).
48. Alexandra Harmon, "American Indians and Land Monopolies in the Gilded Age," Journal of American History 90 (2003): 114-115;
49. Chang, Color of the Land, 79-80.
50. United States, Commission to the Five Civilized Tribes, Final Rolls, 502-574.
51. David E. Wilkins, American Indian Politics, 45.