The Dawes Act of 1887: Section 5: The Devil's in the Details Summary

  • Once the Secretary of the Interior approves the allotments, he'll issue patents in the name of the tribal members he's giving them to.
  • These patents will legally declare that the United States will hold these allotments for twenty-five years, in trust, for the "sole use and benefit of the Indian to whom [it was] made."
  • True to their nature as legislators, they cover all their bases and stipulate that if the person who owns the allotment dies, then their heirs will get the allotment.
  • When the 25 year-period ends, the United States promises to convey the patent of the land to the person who's been living on it (or his heirs, if the original dude dies) with no charge. Cool.
  • The President has the right to extend the 25-year period if he wants to.
  • Any deal that's made outside of the allotment patent (like, if one guy shakes hands with his neighbor to farm their lands together, or something) then legally, it's all null and void.
  • Then there's something about "law of descent and partition in force" … "thereto and therefore…" 
  • Oh, and the laws of the State of Kansas regulating descent and partition will apply to all lands in the Indian Territory.
  • Here comes the juicy stuff: Using a bazillion words (because lawyers) they begin to outline the ways in which the United States can buy Reservation lands from the Native Americans who received them.
  • They can do it if there's any land left over on the Reservation after they dole out the allotments, or if the President decides that it would benefit those Native Americans, or if the Secretary of the Interior negotiates a good deal and gets Congress to ratify the purchase.
  • Don't worry, there are some "provideds" here, too.
  • For example, all the lands that have been allotted for agricultural use that end up being sold back to the government must be used for the sole purpose of giving homes to settlers, and the tracts of land cannot be larger than the allotments given to the Native Americans (one hundred and sixty acres each).
  • Once again, any private deals regarding the tracts of land won't be considered legal.
  • The money that the United States agrees to pay for these land allotments will be held by the US Treasury to be used for the sake of the Native American tribe they "bought" it from, and will earn 3% interest per year.
  • This money will be used by Congress for the "education and civilization of such tribe."
  • So, they're gonna "buy" land away from the Native Americans' already-meager allotments, the Native Americans will never actually see that money, and then Uncle Sam will use that money to "educate and civilize" them, i.e.: make them more like the white settlers.
  • Yowza.
  • Oh thank goodness: the patents they issue will be recorded by the General Land Office and delivered free of charge. Phew, for a second there we thought maybe the Native Americans were getting a raw deal. (#sarcasm)
  • Also, if any religious society or any other organization is already on the Reservation lands for the purposes of educating and introducing the backwards heathens to Christianity, don't worry: they're allowed to stay as long as they only get one hundred and sixty acres, too. Fair is fair.
  • As for the employment of Native Americans as police or any other type of government worker, the people who've readily accepted the terms of this Act and agreed to become U.S. Citizens will be given priority. 
  • So one more incentive to accept the deal: we'll give you a job.