Act for the relief of Indian Slaves and Prisoners facts for kids
The Act for the relief of Indian Slaves and Prisoners was a law passed in the Utah Territory on March 7, 1852. It dealt with slavery involving Native Americans. A similar law, the Act in Relation to Service, had already made slavery legal in the territory on February 4, 1852.
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Understanding Slavery in Utah
Even though it was against the law in Mexico, the trade of Native American slaves was common when Mormon pioneers first arrived in Utah. Mormon leaders encouraged their followers to buy Native American slaves. They also gained prisoners from conflicts like the Battle at Fort Utah.
After the Mexican–American War ended, Utah became part of the United States. The question of whether slavery should be allowed in these new territories became a big political issue. To solve this, Congress passed the Compromise of 1850. This law allowed Utah and New Mexico to decide for themselves if they wanted to allow slavery.
Brigham Young, a leader in Utah, wanted to stop the trade of Native Americans with Mexicans. However, he encouraged a local system of service. He let the Mexicans know about this change.
Many members of a Native American group known as Walker's Band were upset by the stop in trade with Mexicans. One leader, Chief Arrapine, insisted that since the Mormons had stopped the Mexicans from buying children, the Mormons should buy them instead.
In 1851, a trader named Don Pedro Leon Lujan, who had a license from New Mexico, asked Brigham Young for a Utah license but was turned down. Later, Lujan was found with Native American slaves. He was accused of trading with Native Americans without permission. During his trial, the unclear rules about slavery became a big problem.
Why the Law Was Created
The Mormons were not against using Native Americans for labor themselves. However, they were against the very harsh conditions of Mexican slavery.
On January 5, 1852, Brigham Young spoke to the Utah Territory legislature. He talked about the ongoing trial of Don Pedro Leon Lujan. He stressed how important it was to clearly state Utah's policy on slavery. He explained that while he didn't think people should be treated as property, he believed that moving Native Americans to "more favored portions of the human race" would help them. He argued that people who were bought in this way should owe a debt to the person who saved them. He felt a law was needed to set rules for how this debt would be paid. He said this system was better than the hard labor of Mexican slavery. He believed this type of service was needed and honorable to improve the lives of Native Americans.
What the Law Said
The Legislative Assembly of the Territory of Utah made slavery legal in February 1852. They then passed the law dealing with Native American slavery in March 1852. The law had four main parts:
Section One: Who Could Be a Servant
The first part said that a Native American servant had to be held by a white person. This person also had to be a prisoner, woman, or child. The person wanting to own the servant would bring them to a probate judge. The judge would then check if the owner was "properly qualified to raise or retain said Indian." If approved, the Native American was bound to serve for up to twenty years. This service could be renewed.
Section Two: Keeping Records
The second part required the probate officer to record important details. These included the servant's name, age, birthplace, parents' names, tribe, the owner's name, the trader's name, and the date the service began.
Section Three: Finding More Servants
The third part gave the probate officer the power to get more Native American prisoners. They could then find owners for them.
Section Four: Owner's Responsibilities
The fourth part required owners to send children between seven and sixteen years old to school. They had to go for three months each year if a school was available. Owners also had to dress them "in a comfortable and becoming manner." This meant dressing them well, according to the owner's own living standards. Owners were responsible to the probate judge for how they treated these servants.
The amount of education required was more than for Black enslaved people. It was slightly less than for white indentured servants, whose owners had to send them to school at age six.
How the Law Affected People
Because of this law, many Mormon families took young Native American children into their homes. They did this to protect them from Mexican slavery or from being left without help. For example, John D. Lee wrote in his journal about a group of Native Americans who "brought me two more girls for which I gave them two horses." He named the girls Annette and Elnora.
The law worried the Republican Party. This party had made being against slavery a main part of its goals. When discussing money for the Utah Territory, US Representative Justin Smith Morrill criticized the Church of Jesus Christ of Latter-day Saints for its laws on Native American slavery. He said the laws did not care about how the Native American servants were captured. He noted that the only rule was for the Native American to be owned by a white person through purchase or other means. He stated that Utah was the only American government to allow Native American slavery. He called state-approved slavery "a dreg placed at the bottom of the cup by Utah alone." The Republicans' strong dislike of slavery delayed Utah becoming a state in the Union.
In 1857, Representative Morrill estimated there were 400 Native American servants in Utah. Richard Kitchen has found records of at least 400 Native Americans taken into Mormon homes. However, it's believed even more went unrecorded because many Native American servants died young. Many of them also tried to escape.
Related Laws
The day after this act, on March 8, 1852, another law was passed. This was the Act in relation to the assembling of Indians. It stopped Native Americans from gathering near white settlements.
See Also
