Oklahoma Organic Act facts for kids
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| Other short titles | Organic Act Oklahoma |
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| Long title | An Act to provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States Court in the Indian Territory, and for other purposes. |
| Nicknames | Oklahoma Organic Act of 1890 |
| Enacted by | the 51st United States Congress |
| Effective | May 2, 1890 |
| Citations | |
| Public law | 51-182 |
| Statutes at Large | 26 Stat. 81 |
| Legislative history | |
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The Oklahoma Organic Act was a very important law passed by the United States Congress in 1890. An Organic Act is a special law that sets up a temporary government for a Territory before it can become a state. This act was a big step towards creating the state of Oklahoma.
Oklahoma has a unique history. Many Native Americans have lived there for a very long time. Other tribes were moved there by the U.S. government. The Oklahoma Organic Act created two main areas: Oklahoma Territory and Indian Territory. These areas were organized by the U.S. government. The act also aimed to change how Native American tribes owned land. It encouraged individual ownership instead of tribes owning land together.
Contents
Oklahoma's Journey to Statehood
Native American Relocation: A Difficult Past
In the 1800s, the U.S. government had a policy called "Indian removal". This policy forced Native Americans living east of the Mississippi River to move to lands west of the river.
The Indian Removal Act was signed by President Andrew Jackson in 1830. This law turned most of what is now Oklahoma into an Indian Territory. Many southern Native American tribes were moved there. These included the Cherokee, Chickasaw, Choctaw, Creek, and Seminole tribes. They are often called the Five Civilized Tribes. The "Trail of Tears" is a famous name for the forced move of the Choctaw Nation in 1831.
By 1834, Congress had officially created the first Indian Territory. The Five Civilized Tribes lived on the land that would later become Oklahoma, except for its panhandle.
The Civil War and Its Impact
During the American Civil War, some members of the Five Civilized Tribes owned slaves. They also supported the Confederacy. Because of this, all Five Civilized Tribes signed treaties to be protected by the Confederate States.
After the war, Congress passed a law about treaties with Native American tribes. This law said that if a tribe was fighting against the United States, the President could cancel their treaties.
Rebuilding After the War: Reconstruction Treaties
After the Civil War, the U.S. government began a period called Reconstruction. As part of this, a "Southern Treaty Commission" was formed. Its job was to meet with Native American tribes and make new treaties.
These new "Reconstruction Treaties" reduced the land given to the Five Civilized Tribes. Their land was limited to the eastern part of the territory. This made space for other Native American tribes to be moved there. Later, tribes like the Apache, Comanche, Delaware, Kiowa, Cheyenne and Arapaho Tribes, and Osage Nation were also forced to relocate. Today, there are 38 federally recognized tribes in Oklahoma.
The Treaty of Washington (1866)
One important agreement was the 1866 Treaty of Washington. This treaty was made with the Choctaw and Chickasaw Nations. It included several key points:
- It ended slavery.
- The tribes agreed to new laws from Congress for better justice and protection of property.
- The Choctaw and Chickasaw tribes sold land west of 98 degrees west longitude to the U.S. for $300,000.
- They received a general pardon for supporting the Confederacy.
- The tribes allowed railroads to build tracks through their land.
- They agreed to join an Indian Territory Legislature. This legislature would have representatives from all tribes with over 500 members.
- Laws from this legislature would take effect unless stopped by the Secretary of the Interior or the President.
- These laws could not go against the U.S. Constitution, Congress's laws, or U.S. treaties.
- The treaty also allowed for courts to be set up in the Territory.
- Land was set aside for schools and justice centers.
- Each person (man, woman, and child) was to receive 160 acres of land as an "allotment." This meant land would be given to individuals, not just owned by the tribe as a whole.
Osage Nation Buys Land
The Osage Nation bought about 1.5 million acres of land in the Cherokee Outlet from the Cherokee Nation. This happened after the Cherokee Reconstruction Treaty of 1866. The Osage Reservation became part of Oklahoma Territory under the Oklahoma Organic Act of 1890. Later, it became a special district. In 1906, each Osage tribe member received about 659 acres of land. The tribe kept ownership of the valuable minerals under the land.
Congress Changes Its Approach
The United States House Committee on Territories started discussing how to combine Indian Territory and Oklahoma Territory. They also wanted to change how the Five Civilized Tribes lived. A big idea was to divide the land that tribes owned together and give it to individual tribal members.
In 1871, Congress decided it would no longer make formal treaties with Native American tribes. They said that no tribe would be seen as an "independent nation" within the U.S.
From the 1870s to the early 1900s, the Five Civilized Tribes argued for their own separate state. They wanted a "State of Sequoyah" for the tribes, but Congress did not agree.
The Indian Appropriations Act of 1889
The Cherokee Commission was created by the Indian Appropriations Act of 1889. This commission was allowed to buy land in the Cherokee Outlet that wasn't used by tribes. They could also buy extra land from other tribes in Oklahoma Territory. This land was then opened up for non-Native American settlers, called "homesteaders".
The 1889 Act also opened the Unassigned Lands for homesteaders. This led to the famous Land Rush of 1889. During this event, many people rushed to claim land, and Oklahoma City was settled.
The Oklahoma Organic Act: Creating a New Territory
Congress did not approve the idea of a separate State of Sequoyah. Instead, on May 2, 1890, the Oklahoma Organic Act was passed. This law officially created Oklahoma Territory. At first, it did not include the lands of the Five Civilized Tribes. However, it changed the legal system in Indian Territory. It also set up a way to combine Oklahoma and Indian Territories later.
The main goal of the Organic Act was to start the process of creating a state. It aimed to form a government while also dividing the land of the Five Civilized Tribes. This meant changing land ownership from tribal to individual.
The act also included the "Public Lands" or "No-man's land." This area is now the Oklahoma Panhandle. It used to be part of Texas. But it was north of the slavery limit set by the Compromise of 1850, so Texas gave it up when it joined the U.S.
Parts of Oklahoma and Indian Territories
In the 1890s, both Oklahoma and Indian Territories had Native American Reservations.
Indian Territory mainly included the Five Civilized Tribes. It also had other tribes in the northeast, managed by the Quapaw Indian Agency.
Oklahoma Territory was made up of the remaining lands. These were lands not given to other territories or states.
The major parts that would become the State of Oklahoma included:
- Indian Territory
- Oklahoma Territory
- Cherokee Outlet
- Osage Nation
- "Leased lands" from the Chickasaw and Choctaw Nations (west of 98 degrees west longitude)
- Lands given up by the Seminole and Muscogee (Creek) Nations
- Unassigned Lands
- Cimarron Territory (the Oklahoma Panhandle)
- Disputed land, Greer County, Texas
Land Use and Homesteading
The Oklahoma Organic Act set up a way for Native American tribes to divide their shared land among individual tribal members. It also allowed for unassigned land to be given to non-Native Americans. A Land patent (a first-title deed) would be given to both tribal members (for their allotments) and homesteaders. Homesteaders would claim and improve land, sometimes buying it, after a certain time.
Two sections in each Oklahoma Territory township were set aside for public schools. Money from leasing this land would pay for public education. Later, the Oklahoma Commissioners of the Land Office was created to manage these lands.
Roads were planned on each side of every one-mile-square section throughout the territory. This helped people access their land parcels. This rule did not apply to the former Osage Reservation, which is now Osage County, Oklahoma.
Becoming a U.S. Citizen
Members of Native American tribes who were not already citizens could apply to become U.S. citizens.
To encourage Native Americans in Indian Territory to accept their land allotments, the act stated that by accepting an allotment, they would become U.S. citizens. However, they would not lose any rights or privileges they had as members of their tribe.
Railroads and Their Rights
Existing railroad rights-of-way were kept. Railroads were also allowed to connect their tracks with other railroads.
Powers Kept by the U.S. Government and Tribes
The act stated that Congress could change the territory's boundaries at any time. It could also add parts of it to other states or territories without the consent of the people living there. However, the act also said that nothing in it should harm the rights of Native Americans or tribes under existing laws, agreements, and treaties. It also said that the U.S. government still had the power to make laws about Native Americans, their lands, and their property.
The Dawes Act and Dawes Commission
The Dawes Act, also known as "The General Allotment Act," was passed by Congress in 1887. It allowed for a survey of Native American tribal land to divide it into individual allotments. The goal was to end tribal land ownership and help Native Americans fit into a farming society. Individual land ownership was seen as a key step. The act also allowed the government to buy "extra" Native American land not needed for allotments and open it for non-Native American settlement.
The Dawes Commission was created by Congress in 1893. Its purpose was to convince the Five Civilized Tribes to agree to give up their tribal land titles. Members of the Five Civilized Tribes were originally exempt from the Dawes Act. The commission set up rules for tribal members in Oklahoma Territory to register with their nations and receive land allotments.
The Curtis Act of 1898 changed the Dawes Act. It ended all tribal courts and gave the U.S. government full control over land disputes.
The Idea of a State of Sequoyah
Residents of Indian Territory held a Constitutional Convention. They proposed to Congress that a separate State of Sequoyah be admitted to the Union. Charles N. Haskell represented the Creek Nation at this convention. He later became the first Governor of Oklahoma. William H. Murray represented the Chickasaw and later became the first Speaker of the Oklahoma House of Representatives. He also became the ninth Governor of Oklahoma. However, the idea for the State of Sequoyah was not accepted in Washington.
The Five Civilized Tribes Act (1906)
The Five Civilized Tribes Act, passed on April 26, 1906, was one of the final steps before Oklahoma became a state. One of its goals was to prepare Oklahoma to join the Union "on an equal footing" with the original states. This meant Oklahoma had to give up all claims to lands owned by Native Americans or tribes.
In this act, Congress reduced the power of the five tribal governments. These powers were later given back by the Oklahoma Indian Welfare Act of 1936. The Department of the Interior took over Native American schools, school funds, and tribal government buildings. The law allowed the President to appoint a main chief for any tribe. If a chief refused to sign a document from U.S. authorities, they could be replaced, or the document could be approved by the Secretary of the Interior.
The law also stated:
- The chief of the Seminole Nation could sign deeds for land allotments.
- Coal and asphalt lands were saved for sale after their leases ended.
- Once all tribal members received their land allotments, any extra land could be sold by the Secretary of the Interior. The money would go to the tribes.
- Power companies could build dams and canals to generate electricity.
- When the tribes were dissolved, their land would not become public U.S. land. Instead, the U.S. would hold it in trust for the benefit of the Native Americans.
- The tribal governments of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes would continue. However, their tribal councils could not meet for more than 30 days a year. Also, their laws and contracts needed approval from the President of the United States.
The Oklahoma Enabling Act of 1906
The Oklahoma Enabling Act, passed on June 16, 1906, allowed the people of Oklahoma and Indian Territories to elect delegates for a state constitution convention. It also set the temporary capital in Guthrie, Oklahoma, until 1913.
The act also made sure that the new state constitution would not limit the rights of Native Americans or their property. It also confirmed that the U.S. government could still make laws about Native Americans, their lands, and their rights.
This same act also allowed the people of New Mexico and Arizona to form constitutions and become states.
When President Theodore Roosevelt declared Oklahoma a state on November 16, 1907, there were no Native American Reservations within its borders. Former Native American lands were either held in trust by the U.S. government for tribal members, given as allotments, or distributed through land runs for settlers. Tribal governments mainly handled disputes between tribal members based on tribal customs. They also helped distribute federal support to their communities. Some tribes shared royalty income from oil and gas leases on their lands with members.
