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Curtis Act of 1898
Great Seal of the United States
Long title An Act for the protection of the people of the Indian Territory, and for other purposes.
Nicknames Curtis Act (1898)
Enacted by the 55th United States Congress
Effective June 28, 1898
Citations
Public law Pub.L. 55-517
Statutes at Large 30 Stat. 495
Legislative history

The Curtis Act of 1898 was an important law in United States history. It changed an earlier law called the Dawes Act. This new act led to big changes for the Five Civilized Tribes in Indian Territory (which is now Oklahoma). These tribes were the Choctaw, Chickasaw, Muscogee (Creek), Cherokee, and Seminole.

Before this act, these tribes had special agreements (treaties) that protected their lands and governments from the Dawes Act. But the Curtis Act ended these protections. It broke up their tribal governments and divided their shared lands. Because of this, the tribes immediately lost control of about 90 million acres of their communal lands. They lost even more land in the years that followed.

The act also gave a group called the Dawes Commission the power to decide who was a member of a tribe. This meant people could become tribal members even if the tribe didn't agree. By ending most tribal courts, governments, and land claims in Indian Territory, the Curtis Act helped clear the way for Oklahoma to become a state in 1907.

History of the Curtis Act

The official name of the Curtis Act was "Act for the Protection of the People of Indian Territory." It is named after Charles Curtis, a Republican congressman from Kansas. He later became Vice President of the United States. Charles Curtis had a mixed background. His mother's family was part Kansa, Osage, Potawatomi, and French. His father's family was from the British Isles.

Curtis grew up partly on the Kaw Reservation with his grandparents. He also lived with his other grandparents and went to high school. He studied law and became a lawyer. Later, he was elected to the United States House of Representatives and the Senate. He served as Vice-President under President Herbert Hoover.

The Curtis Act bill went through many changes as it moved through Congress. Charles Curtis himself was not happy with the final version of the act. He believed that the Five Civilized Tribes needed to make some changes. He thought Native Americans would do best by getting an education and using both their own culture and the majority culture. However, he had hoped to give more support to Native Americans as they went through these changes.

Key Parts of the Curtis Act

The Curtis Act had several major effects on Indian Territory and the tribes living there.

Ending Tribal Governments

The Curtis Act planned to end tribal governments by March 6, 1906. Later, in 1924, all Native Americans were declared citizens of the United States. The act also divided tribal lands into smaller sections, often 160 acres. Because of the dry climate in Indian Territory, these small plots were often not big enough for successful farming. This meant many Native American families had to give up their lands in later years.

Changing Land Allotments

The act included important ideas about dividing up land and ending tribal governments. These ideas had first appeared in the Atoka Agreement. This agreement was between the Choctaw and Chickasaw Nations. The Chickasaw people had voted against the Atoka Agreement, but the Choctaw people had accepted it. The Curtis Act required that the Atoka Agreement be voted on again by both nations. This time, the agreement was approved in a joint election on August 24, 1898.

Registering Tribal Members

The Curtis Act also canceled the earlier lists of tribal members made under the Dawes Act. It ordered new lists to be created. This act also made all parts of the Dawes Act apply to the lands of the Five Civilized Tribes. In the end, the government declared large parts of the land to be "extra" or "surplus." This "surplus" land was then sold, even to people who were not Native American. About 90 million acres of land that used to belong to Native Americans were taken from their control.

Forming Towns

The Curtis Act also allowed towns to be officially formed in Indian Territory. This meant towns could be legally planned and surveyed. Anyone could then get full ownership of a lot in these towns. Owning a lot meant they had the legal right to sell or borrow money against the property. An official town or city could govern itself and collect taxes. This allowed them to create public services like schools or roads. By 1900, many of the largest towns in Indian Territory had become official. These included Ardmore, Muskogee, McAlester, Wagoner, Tulsa, and Eufaula.

Voting Rights for Residents

The act also allowed residents to vote for city officials. However, since the area was still a U.S. Territory, people could not vote for national leaders. Also, territorial government officials were chosen by the President of the United States, so there was no vote for them. After Oklahoma became a state in 1907, residents could finally vote for both state and national officials.

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