While we know our northern friends may not feel it, in the South, Spring is
here. So we thought we'd share a few of our gardening sites appropriate
for this time of the year. Along with gardening, there's grilling, and getting
ready to diet so that you can fit back into that bathing suit this summer!
Five Civilized Tribes. A term used both officially and
unofficially in modern times to designate collectively the Cherokee, Chickasaw,
Choctaw, Creek, and Seminole tribes in Indian Ter., applied on account of the
advance made by these tribes toward civilized life and customs. The term appears
in the reports of the Indian Office as early as 1876, when the agent reported
that each tribe had a constitutional government, with legislative, judicial, and
executive departments, conducted upon the same plan as our State governments,
the entire expenses of which are paid out of their own funds." There was,
however, at that date no court with jurisdiction to try cases where an Indian
was one party and a citizen of the United States or a corporation was the other,
but this lack has since been sup plied. Some of the tribes, notably the
Cherokee, have had their laws and the acts of their councils printed.
These five tribes differed from most others in the fact that their lands were
held not on the same basis as reservations but by patents or deeds in fee
simple, with certain restrictions as to alienation and reversion those conveyed
to the Cherokee Nation, Dec. 31, 1838, for ever upon condition that they "shall
revert to the United States if the said Cherokee Nation becomes extinct or
abandons the same"; those to the Choctaw Nation, Mar. 23, 1842, in fee simple to
them and their descendants, "to inure to them while they shall exist as a
nation, and live on it, liable to no transfer or alienation, except to the
United States or with their consent"; those to the Creek tribe, Aug. 11, 1852,
"so long as they shall exist as a nation and continue to occupy the country
hereby conveyed to them. Although the lands were held in fee simple, the right
to alienate them except to the United States or with its consent does not appear
to have passed to the grantees. The title is denned as a "base, qualified, or
determinable fee, with only a possibility of reversion to the United States (U.
S. v. Reese, 5 Dill., 405). The right of these tribes to cut, sell, and
dispose of their timber, and to permit mining and grazing within the limits of
their respective tracts was for a time limited to their own citizens, but this
right has been somewhat extended, though the exercise of it is still subject to
approval by the proper United States authorities. The title of the Chickasaw
Nation to their lands in Indian Ter. was obtained from the Choctaw in accordance
with treaties with the United States, while that of the Seminole was obtained
from the Creeks, these two tribes being granted their lands on the same basis
and with the same title and privileges as the United States granted the lands to
the Choctaw and the Creeks. The territory thus assigned to these five tribes
within the limits of Indian Ter. amounted to 19,475, 614 acres, or about 30,431
sq. m., an area equal to that of South Carolina, and equivalent to 230 acres for
each man, woman, and child of the entire population (84,507) of the five tribes.
The treaties of 1866 with the several tribes all provided for the holding of a
general council to be composed of delegates from each tribe in Indian Ter., and
the Choctaw and Chickasaw treaty also pro vides that this general council shall
elect a delegate to Congress whenever Congress shall authorize the ad mission
into its body of an official who shall represent Indian Ter. Although some of
the tribes have made an effort to bring about the results contemplated in these
treaty stipulations, nothing effectual in this direction has been accomplished.
By act of Congress Feb. 8, 1887, every Indian born in the United States who
receives land in allotment and takes up his residence separate and apart from
any tribes of Indians therein and has adopted the habits of civilized life," is
declared a citizen of the United States; but the Five Civilized Tribes were
excepted from the provisions of this act. By act of Mar. 3, 1901, however, this
section was amended by inserting after the words "civilized life" the words "and
every Indian in Indian Territory," thus declaring every Indian of that territory
to be a citizen of the United States. By act of May 2, 1890, the laws of
Arkansas, so far as applicable, were extended over Indian Ter. until Congress
should otherwise provide. United States courts and courts of special
jurisdiction have also been established in the Territory. By sec. 16 of the act
of Mar. 3. 1893, the President was authorized to appoint three commissioners
(subsequently changed to five ), to negotiate with the five tribes for the
allotment in severalty of their lands, thus extinguishing the tribal title
thereto. (See Commission to the Five Civilized Tribes.)
On the abolition of slavery the problem of determining the status and relations
of the freedmen in the Five Civilized Tribes became a difficult one, though by
treaties of 1866 it was agreed that they should be subject to the same laws as
the Indians and be entitled to a portion of the land (the rights in this respect
differing in the different tribes); but questions respecting other matters, as
school privileges, have proved troublesome factors. In some of the tribes
negroes have separate schools, and by the act of Congress of June 28, 1898," the
freedmen were excluded from participating in the royalties on coal and asphalt,
or in the school funds arising there from. By the same act and the acts of Mar.
1, 1901, and July 1, 1902, the tribal governments of these tribes were to cease
Mar. 4, 1906, but by resolution of Feb. 27, 1906, the time was extended one
year. Freedmen are, how ever, citizens in all the tribes. Consult the articles
on the tribes composing the Five Civilized Tribes. (C. T. )
This site
includes some historical materials that may imply negative stereotypes
reflecting the culture or language of a particular period or place. These
items are presented as part of the historical record and should not be
interpreted to mean that the WebMasters in any way endorse the stereotypes
implied .
Handbook of American Indians North of Mexico, Frederick Webb Hodge, 1906
