The Dawes Act of 1887: Structure

    The Dawes Act of 1887: Structure

      Legal Document

      The Dawes act is very clearly a legal document. It's written in clear, concise language (well, for lawyers it is…), and in the format used to write just about every law our country has.

      How it Breaks Down

      In our legal document, we have a brief intro, designated sections that are separated by topic or function, and then a lack of a formal conclusion (because that would just be frivolous.)

      Introduction

      The intro does what an intro is supposed to do: it tells us the time, the setting, and the main characters. It even helpfully summarizes the purpose of the act. Dawes was nothing if not efficient.

      Sections

      The rest of the document is helpfully broken down into numbered sections. Each one covers one topic in its entirety (as much as possible).

      Section 1:

      This includes the introduction and the brief summary of what the Dawes Act is intending to do, namely, allot lands to Native Americans in specific amounts and locations, with accompanying rules.

      Section 2:

      This one covers who gets to pick their allotments, and why. (Hint: The Native Americans do—with help—and for their own benefit.)

      Section 3:

      Section 3 is more like Section 2b, if you ask us, because it just states that the Secretary of the Interior or the President can appoint agents to assist the people in selecting their allotments, as well as where the paperwork will go.

      Section 4:

      This one is making sure that the Dawes Act applies to every Native American, regardless of whether they're already on a reservation or not.

      Section 5:

      This doozy of a section outlines the specifics of who will have what land rights, and how the allotments will be held in trust for the Native Americans for 25 years, or until they think they're going to follow the rules willingly.

      Section 6:

      This one states that everyone on a reservation will now be a U.S. citizen, and thus subject to and benefitting from its laws.

      Section 7:

      Water rights, baby. You got 'em.

      Section 8:

      The Dawes Act goes for everyone except some tribes listed in this section, because they already had a deal with the U.S.

      Section 9:

      Who's gonna pay for all this?

      Section 10:

      P.S. nothing in this act says that Congress can't still grant the right of way through lands granted to an Indian or tribe, as long as they're compensated for it.

      Section 11:

      The Southern Ute tribe gets a special shout-out.