Violation

The General Allotment (Dawes) Act of 1887 and the loss of the communal land base

Not yet reviewed by this nation. What follows comes from public records and research. It does not speak for the nation.

The 1887 General Allotment Act broke reservations into individual plots and opened the rest to settlers, shrinking the Indian land base.

Treaty
Many treaties with communal-title reservations (e.g., Fort Laramie 1868, Medicine Lodge 1867)
Nations
Most reservation tribes outside the Five Tribes at first; extended to the Five Tribes by the Curtis Act (1898)
When
1887-1934
Land affected
About 90 million acres, roughly two-thirds of the 1887 base (secondary summary).
Acreage
138 million -> 48 million acres (1887-1934)

What happened

Many treaties had set aside reservations as shared tribal land. The General Allotment Act of February 8, 1887, often called the Dawes Act, changed that policy. As summarized by Nebraska Studies, each head of a family was to get 160 acres of farmland or 320 acres of grazing land. The Act's own text, quoted on an archives.gov page, said the government would "hold the land thus allotted, for the period of twenty-five years, in trust" for the allottee.

Land left over after allotment was declared "surplus" and opened to white settlement. The archives.gov page says the Act's results included poor allotments, such as desert or near-desert land, inheritance that split plots into parcels too small to farm, and sales to non-Native buyers, "causing American Indian communities to lose vast acreage of their tribal lands." Nebraska Studies reports that Indians held about 150 million acres before the Act and that "within twenty years, two-thirds of their land was gone."

Nebraska Studies says the Act was the major Indian policy until the 1930s and calls the reservation system "nearly destroyed." Other totals for acres held before and after allotment circulate, and only the figures these sources state are given here. This is context about a federal policy, not a finding that a treaty was broken.

Good to know. Sources disagree on how much land tribes held before the Act.

Summarized with AI assistance from 2 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Supported by the sources below; some details rest on one source.

  1. Within twenty years, two-thirds of their land was gone.The Dawes Act (Nebraska Studies)
  2. hold the land thus allotted, for the period of twenty-five years, in trustDawes Act (National Archives)

Research notes. The 25-year trust quote is from the Act's text as transcribed on the National Archives page. The 80-acre and 40-acre figures, the Burke Act, fractionation and the 138/48 million acre totals were not verified and are omitted. Nebraska Studies says about 150 million acres before the Act, which conflicts with other commonly cited totals; sources disagree.

Treaty or agreementShapes from the 1899 federal record: approximate, not legal boundaries.

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Connections

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Taken to court in 2

Concerns the instrument 2

Carried out through 1

Nations named 1

Policy era 1

Land returns that respond to this 1

Sources

  1. govinfo.gov/content/pkg/STATUTE-24/pdf/STATUTE-24-Pg388.pdfprimary record
  2. supreme.justia.com/cases/federal/us/187/553/legal text copy
  3. en.wikipedia.org/wiki/Dawes_Actpointer
  4. supreme.justia.com/cases/federal/us/591/18-9526/legal text copy
The record’s fields
What happened
The General Allotment (Dawes) Act of 1887 and the loss of the communal land base -- The Act of Feb. 8, 1887 (24 Stat. 388) authorized allotment of reservation land in severalty: 160 acres to a head of family, 80 acres to a single person over 18 or an orphan, 40 acres to other single persons under 18. Allotments were held in trust for 25 years (Sec. 5). After allotments were made, the Secretary could negotiate with the tribe to buy 'surplus' reservation land, with Congress to ratify; the land was reserved for actual settlers, limited to 160 acres per person. Later statutes (Burke Act 1906, which allowed fee patents to 'competent' allottees, and individual 'surplus land' acts) accelerated land loss. The Indian Reorganization Act (1934) ended further allotment. A common summary: Indian-held land fell from about 138 million acres (1887) to about 48 million acres (1934). Fractionated heirship later left about 4 million owner interests in about 10 million acres of trust allotments (2004 House figures).
Legal aftermath
Federal courts treat allotment alone as insufficient to diminish a reservation (McGirt 2020; Solem 1984), but surplus-land acts with cession language can (Hagen 1994; Rosebud 1977; DeCoteau 1975). Land buy-back efforts (Cobell settlement, 2010s) and trust-land restoration continue; see B3.
Kind
Violation
Confidence
High
Nation review
Not yet reviewed by this nation
Notes
  • Some details are disputed
  • Some details not yet checked against a source

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