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52-660: After the Civil War, the Cherokee were forced to cede the land and the US assigned it to several other tribes. This area was settled prior to 1874 by 24 Indian groups. These range from full Indian tribes down to the remnants of several larger Indian groups whose main body settled elsewhere. The agency was disbanded in 1890 by the Oklahoma Organic Act , which was designed to extinguish tribal communal land claims. The land

104-513: A Land patent as title to the land. Tribal governments were basically relegated to settling disputes between tribal members based on tribal custom, and being a conduit for federally sponsored community support. Some tribes distributed royalty income to members from oil and gas leases on tribal grounds. Organic Act In United States law , an organic act is an act of the United States Congress that establishes

156-668: A Land run . Two sections in each Oklahoma Territory township were to be reserved, in the form of a Land grant , as public school lands, with money from land leases to be used to pay for public education. Later, the Oklahoma Constitution established the Oklahoma Commissioners of the Land Office to manage this resource. Section-line roads to provide access to land parcels, were to be maintained on each side of every one-mile-square section throughout

208-847: A State of Sequoyah be admitted to the Union. Charles N. Haskell was selected to represent the Creek Nation at the convention, and later became the first Governor of the State of Oklahoma. William H. Murray , represented the Chickasaw and later became the first Speaker of the Oklahoma House of Representatives after statehood, and was elected the ninth Governor of Oklahoma. The proposal failed to gain acceptance in Washington. The Five Civilized Tribes Act of April 26, 1906 can be seen as

260-763: A territory of the United States and specifies how it is to be governed, or an agency to manage certain federal lands. In the absence of an organic law a territory is classified as unorganized . The first such act was the Northwest Ordinance , passed in 1787 by the U.S. Congress of the Confederation (under the Articles of Confederation , predecessor of the United States Constitution ). The Northwest Ordinance created

312-402: A mechanism for Indian tribes to allocate their communally held land to individual tribal members, and to distribute unallocated property to non-Indians. A Land patent , or "first-title deed" would be granted to both tribal members, who received allotments, and to homesteaders who, after a period of time, claimed and improved (or in some cases purchased for $ 1.25 per acre) the homestead lands via

364-586: A mechanism to consolidate Oklahoma and Indian Territories. "The purpose of the Organic Act was to begin the process of creating a state and forming a government, while still allowing time to divide the property of the Five Civilized Tribes and transfer the property from communal to individual ownership." The act also included the "Public Lands" or "No-man's land" in the present-day Oklahoma panhandle . This land had been part of Texas, But

416-598: A survey of Indian tribal land for the purposes of dividing the land into allotments for individual Indians. Dawes Act was amended in 1891 and again in 1906 by the Burke Act . The General Allotment Act's "goal was to end tribal ownership of land by assimilating Indians as part of an agrarian society." Individual ownership of land was seen as an essential step. The act also provided that the government would purchase Indian land "excess" to that needed for allotment and open it up for settlement by non-Indians. The Dawes Commission

468-489: Is a generic name for a statute used by the United States Congress to describe a territory, in anticipation of being admitted to the Union as a state. Because of Oklahoma's unique history (much of the state was a place where aboriginal natives have always lived and after forced removal many other tribes were relocated here) an explanation of the Oklahoma Organic Act needs a historic perspective. In general,

520-795: The Apache , Comanche , Delaware , Kiowa , Cheyenne and Arapaho Tribes and the Osage Nation were also forced to relocate to the Territories (there are currently 38 federally recognized tribes in Oklahoma). The Southern Treaty Commission formulated the 1866 Treaty of Washington with the Choctaw and Chickasaw Nations which contained the following provisions: Under the Cherokee Reconstruction Treaty of 1866 ,

572-633: The Cherokee Outlet not occupied by tribes, and to acquire excess land of other tribes in the Oklahoma Territory for non-indigenous homesteading . Eleven agreements involving nineteen tribes were signed over the period of May 1890 through November 1892. Investigations for Commission irregularities continued through the end of the 20th Century. The 1889 Act also opened the Unassigned Lands to homesteaders , which included

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624-692: The Indian Agent from 1872 to 1884. Daniel B. Dyer was employed as Indian agent at the Quapaw Indian Agency from 1881 to 1884. The Daniel B. Dyer Collection located at The University of Kansas Libraries, Kenneth Spencer Research Library includes photographs of Quapaw and Osage Indians and the Quapaw and Modoc Methodist Mission. The collection also contains picture post cards of scenes in Oklahoma and Indian portraits from 1889 to 1908. A part of

676-534: The Land Run of 1889 that settled Oklahoma City, Oklahoma . Congress rejected the Five Civilized Tribes' argument for a State of Oklahoma and a separate State of Sequoyah. On May 2, 1890, the Oklahoma Organic Act was passed officially creating Oklahoma Territory, which initially excluded lands occupied by the Five Civilized Tribes, but reorganized the legal system of Indian Territory, providing for

728-611: The Northwest Territory in the land west of Pennsylvania and northwest of the Ohio River and set the pattern of development that was followed for all subsequent territories. The Northwest Territory covered more than 260,000 square miles and included all of the modern states of Ohio , Indiana , Illinois , Michigan , Wisconsin , and the northeastern part of Minnesota . The District of Columbia Organic Act of 1801 incorporated Washington, D.C. , and placed it under

780-647: The Oklahoma Indian Welfare Act of 1936. The Department of the Interior took over the Indian schools, school funds, and tribal government buildings and furniture. The law provided that the President may appoint a principal chief for any of the tribes. If a chief failed to sign a document presented to him by U.S. authorities, he was either to be replaced or the document could be simply approved by

832-685: The Osage Nation began the process of purchasing approximately 1,570,059 acres in the Cherokee Outlet from the Cherokee Nation . The Osage Reservation was part of Oklahoma Territory under the Oklahoma Organic Act of 1890 and was made a semiautonomous district by the Enabling Act of 1906 . With the passage of the Osage Allotment Act of June 28, 1906 (34 Stat. 539 c. 3572), each member of the tribe received an average allotment of 659.51 acres, with no surplus land remaining and

884-599: The 1870s through the early 1900s, the Committee on Territories heard arguments from the Five Civilized Tribes that the lands within their territory should not be included within the State of Oklahoma and that a separate State of Sequoyah should be created for the Tribes. The Cherokee Commission , created by Section 14 of the Indian Appropriations Act of March 2, 1889, was empowered to acquire land in

936-527: The Civil War, Congress passed a statute concerning the Abrogation of treaties with Indian Tribes, (codified at 25 USC Sec. 72) which states: Whenever the tribal organization of any Indian tribe is in actual hostility to the United States, the President is authorized, by proclamation, to declare all treaties with such tribe abrogated by such tribe if in his opinion the same can be done consistently with good faith and legal and national obligations. As part of

988-578: The Mississippi River were people of the Algonquin and the Iroquois tribes. In the early colonial period, they had been enemies, however, due to the forced close proximity, and subsequently living and working together, tensions died down and the cultures which had once been separate, began to share some cultural practices and intermarry. Several Siouan nations also were located here such as

1040-801: The National Archives as part of Microcopy Number M1070. The reports for Quapaw Agency, 1874–1898, are on rolls 41-42 of that Microcopy set[5]. Copies are available at the National Archives, their Regional Archives, and at the Family History Library and its family history centers (their microfilm roll numbers 1617714-1617715). Microfilm copies of ...Narrative and Statistical Reports... for the Quapaw Agency, 1921–1938, are included in National Archives Microcopy M1011, Rolls 111-112[6], available in

1092-472: The National Archives system and in the collections of the Family History Library in Salt Lake City, beginning with their microfilm numbers 1724329-1724330. Annual Indian Census Rolls were taken at this agency for 1885–1900 and 1922 thru 1939. These rolls have been microfilmed by the National Archives as part of their Microcopy Number M595, rolls 411-416[7]. Copies of these records are also available at

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1144-525: The National Archives, their Regional Archives, and at the Family History Library and its family history centers (their microfilm roll numbers 581405-581410). These census rolls are also available online at Ancestry.com's subscription web site. Quapaw Agency Records 1872-1948 (school, census, vital, allotment, and annuity) FHL Collection, film: 1204600 first film of a collection. 36°36′N 94°48′W  /  36.6°N 94.8°W  / 36.6; -94.8 Oklahoma organic act An Organic Act

1196-576: The Office of Indian Affairs from the Quapaw Agency, 1871–1880, have been microfilmed by the National Archives as part of their Microcopy Number M234, Rolls 703-713[4]. Copies are available at the National Archives and at the Family History Library and its family history centers on their microfilm roll numbers 1661433 thru 1661443. Reports of Inspection of the Field Jurisdictions of the Office of Indian Affairs, 1873-1900 have been microfilmed by

1248-408: The Oklahoma Organic Act may be viewed as one of a series of legislative acts, from the time of Reconstruction , enacted by Congress in preparation for the creation of a united State of Oklahoma . The Organic Act created Oklahoma Territory , and Indian Territory that were Organized incorporated territories of the United States out of the old "unorganized" Indian Territory. The Oklahoma Organic Act

1300-459: The Quapaw, Osage, Ponca, Kansa, and Omaha. These old tribes had once occupied many hundreds of thousands of acres in Ohio, Illinois, Indiana, Arkansas, Oklahoma and Oregon. Since early territorial days of 1867, a federal Indian agency operated to manage the relationship between the federal government and these various tribes, supervising provision of annuities and supplies, for instance. But not all of

1352-543: The Reconstruction effort following the Civil War, a " Southern Treaty Commission " was formed to meet with Indian tribes to negotiate new treaties. A result of these " Reconstruction Treaties " with various tribes was that the land allocated to the Five Civilized tribes was reduced to the eastern part of the territory, making room for relocation of other Indian tribes. Later, other aboriginal people, such as

1404-638: The Removal Policy, was signed by President Andrew Jackson on May 28, 1830. The Act transformed most of the current state of Oklahoma into an Indian Territory , where southern aboriginal natives ( Cherokee , Chickasaw , Choctaw , Creek and Seminole , also called the Five Civilized Tribes ) were relocated. The Trail of Tears is a name given to the forced relocation of the Choctaw Nation in 1831. In 1834, Congress created

1456-589: The Secretary of the Interior. The law also provided that: The Oklahoma Enabling Act of June 16, 1906 provided for the people of Oklahoma and Indian Territories to elect delegates to a state constitutional convention, and established the Territorial capital in Guthrie, Oklahoma , until 1913, when a permanent capital would be selected by a statewide election. The act also provided "that nothing contained in

1508-676: The Seneca Indian Agency, representing major tribes settled in the area. The agency was originally located four miles west of Seneca, Missouri , and later moved to Wyandotte in the Indian Territory as the Native Americans were settled there. In 1873, 153 surviving members of a Modoc band formerly headed by Captain Jack ( Kintpuash ), were relocated here from northern California after their defeat. Kintpuash

1560-620: The Territory of Oklahoma, in whom there is Indian blood, shall have the right to invoke the aid of courts therein for the protection of his person or property, as though he were a citizen of the United States: Provided, That nothing in this act contained shall be so construed as to give jurisdiction to the courts established in said Territory in controversies arising between Indians of the same tribe, while sustaining their tribal relations" The Oklahoma Organic Act provided for

1612-607: The United States. "Provided, that the Indians who become Citizens of the United States under the provisions of this act do not forfeit or lose any rights or privileges they enjoy or are entitled to as members of the tribe or nation who which they belong." Existing railroad easements were to remain in effect. Railroads were also given the right to "cross, intersect, join or unite it railroad with any other railroad now constructed or that may hereafter be constructed at any point upon its routes" "Congress may at any time hereafter change

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1664-406: The boundaries of said Territory, or attach any portion of the same to any other State or Territory of the United States without the consent of the inhabitants of the Territory hereby created: Provided, That nothing in this act shall be construed to impair any right now pertaining to any Indians or Indian tribe in said Territory under the laws, agreements, and treaties of the United States, or to impair

1716-682: The business handled by the agent was tribal business. The Indian Agent often found acted as a mediator in settling neighborhood and family disputes, as well. Because the land was originally given to the Quapaw Tribe, this area was renamed in the 19th century as the Quapaw Agency Lands. Prior to this, it and other nearby areas had been known as the Neosho Indian Agency, the Shawnee Indian Agency, and

1768-432: The distribution of property held in-common by the tribe to individual members of the tribe. A second component of this decision was that in 1871, Congress decided that the United States would no longer deal with Indian tribes through a formal treaty-making process, providing that "[n]o Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation ...". From

1820-543: The doctrine of Riparian water rights , based on English common law, and generally accepted in the eastern part of the United States. For the Oklahoma Territory, the laws of Nebraska were to prevail. Water rights in Oklahoma Territory and the western United States, water rights were generally allocated under the principle of prior appropriation . Today Oklahoma has a unique set of water rights statues based on groundwater and streamwater. The owner of land owns

1872-471: The final act leading to Oklahoma Statehood. One of the act's purposes was to pave the way "for Oklahoma's admission to the union on an " Equal footing with the original States", conditioned on its disclaimer of all right and title to lands "owned or held by any Indian, tribe, or nation." In the Act, Congress unilaterally diminished the power of the five sovereign tribal governments, lost powers were reinstated by

1924-639: The first Indian Territory, with the Five Civilized Tribes occupying the land that became the State of Oklahoma, excluding its panhandle. See: Indian Territory in the American Civil War Several members of the Five Civilized Tribes owned slaves and had sympathies with the Confederacy. All of the Five Civilized Tribes signed treaties placing themselves "under the protection of the Confederate States of America" During

1976-649: The groundwater underlying such land and surface water standing on the land, however the Oklahoma Water Resources Board regulates non-domestic use. Stream water is considered to be publicly owned and subject to appropriation by the Oklahoma Water Resources Board. The organic act created several Federal District Courts, both in the Indian Territory and Oklahoma Territory. The act also preserved Indian court civil authority by stipulating that "and any person residing in

2028-724: The peace policy of President Grant was to assign Quakers as Indian Agents. Many records of the Quapaw Agency are in the National Archives Southwest Region (Ft. Worth)[3], including: Census records—Eastern Shawnee, 1882–1940 Miami, 1888–1940 Modoc, 1885–1890 Nez Perce, n.d. Ottawa, 1883–1888 Peoria, 1883–1959 Quapaw, 1885–1933, with updates to 1955 Seneca, 1877–1940 Wyandot, 1871–1956 Death rolls, 1931–1935 Birth rolls, 1931–1935 Miami applications and rejected applications, 1972–1973 Land and property records, 1873–1959 School records, 1882–1940 And many other administrative files and correspondence Letters received by

2080-480: The people of New Mexico and of Arizona to form a constitution and State government and be admitted into the Union. At the time President Roosevelt proclaimed Oklahoma a state on November 16, 1907, there were no Indian Reservations within the state boundaries; former Indian Lands were either held by the U.S. Government in trust for members of the tribes, were allotted to members of the tribe, or distributed through land runs for settlers to homestead, ultimately receiving

2132-413: The proximity of their reservations, there were many intermarriages among members of the tribes in this northeast area. Several tribes eventually merged their governments. Some of the individual listings below will lead the researcher to the federally recognized tribal names by which these nations are known today. The Primary tribes of the Quapaw Indian Agency were: John D. Miles, a Quaker, was employed as

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2184-486: The rights of person or property pertaining to said Indians, or to affect the authority of the Government of the United States to make any regulation or to make any law respecting said Indians, their lands, property, or other rights which it would have been competent to make or enact if this act had not been passed" The Dawes Act , (also called "The General Allotment Act") was adopted by Congress in 1887, and authorized

2236-516: The said constitution shall be construed to limit or impair the rights of person or property pertaining to the Indians of said Territories (so long as such rights shall remain unextinguished) or to limit or affect the authority of the Government of the United States to make any law or regulation respecting such Indians, their lands, property, or other rights by treaties, agreement, law, or otherwise, which it would have been competent to make if this Act had never been passed." The same act also provided for

2288-407: The territory. This requirement does not apply to the former Osage Reservation, now Osage County, Oklahoma . Members of an Indian Tribe, who were not already citizens, could apply to become citizens of the United States. In an effort to entice Indians of Indian Territory to accept their land allotments, it was provided that upon acceptance of an allotment, the Indians were declared to be Citizens of

2340-470: The tribe retained ownership of mineral under the land (held in trust by the US Government). The United States House Committee on Territories was initially formed in 1825. Shortly after the Civil War, the Committee began discussing how best to assimilate the Five Civilized Tribes and how to combine Indian Territory and Oklahoma Territory. It was decided that one component of assimilation would be

2392-592: Was attached to an Indian Territory prior to passage of the Dawes Act and distribution of plots to individual households. Another Indian reserve, the Miami Indian Agency based in Miami, Oklahoma was disbanded at the same time. All Native American claims were extinguished prior to Oklahoma's admission to statehood in the 20th century. Among the tribes who were forcibly removed to these lands from east of

2444-582: Was created by Congress in 1893 as a further attempt to convince the members of tribes to receive their tribal land allotments. Members of the Five Civilized Tribes (Indian Territory) were exempt from the original Dawes Act legislation, and the Dawes Commission was to convince the Five Civilized Tribes to agree to cede tribal title of Indian lands. The commission established procedures for members of Indian tribes in Oklahoma Territory to register with their respective Indian Nations (only one nation if there

2496-567: Was essentially an amalgamation of what was left over; land unassigned to other territories and states. Major components of what would become the State of Oklahoma include: The Oklahoma Organic Act specifically extended civil and criminal Arkansas laws over the Indian Territory. Historically, non-Indians were not allowed in Indian Territory and the Federal Court in Ft. Smith, Arkansas had jurisdiction over Indian Territory. Arkansas recognizes

2548-622: Was hanged, executed by the US Army for charges of war crimes. The Modoc were long colocated with the Shawnee on their reserve at what became known as the Quapaw Agency. The agency did not receive sufficient supplies and the Modoc suffered greatly in their first months. In 1920, two agencies were established; the Seneca and Quapaw. In 1922 they were combined again and became the Quapaw Agency. Due to

2600-431: Was mixed ancestry), and procedures to receive land allotments. The Curtis Act of 1898 amended the Dawes Act, abolishing all tribal courts and gave the United States exclusive jurisdiction over "all controversies growing out of the titles, ownership, occupation, possession, or use of real estate, coal, and asphalt." A Constitutional Convention was convened by residents of Indian Territory and proposed to Congress that

2652-433: Was north of the limit for slavery set by the Compromise of 1850 and so had been given up by Texas upon its entry into the union. In the 1890s both Oklahoma and Indian Territories contained Indian Reservations. Indian Territory was primarily a consolidation of the Five Civilized Tribes plus an assortment of tribes in the northeast part of the territory, land administered by the Quapaw Indian Agency . Oklahoma Territory

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2704-402: Was one of several acts whose intent was the assimilation of the tribes in Oklahoma and Indian Territories through the elimination of tribes' communal ownership of property. " Indian removal " was a nineteenth-century policy of the US Government to relocate aboriginal natives living east of the Mississippi River to lands west of the river. The Indian Removal Act , a specific implementation of

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