In the Matter of the Petition of Ham Hung Wah by Tom Sing for Writ of Habeas Corpus (1911) |
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The habeas corpus petition of Ham Hung Wah shows legal challenges related to immigration in the early twentieth century. In this case, the twelve-year-old native-born son of Chinese immigrant parents was arrested and detained as "an alien Chinese person seeking unlawfully to land in the United States" after returning to America from China where he had been visiting his grandparents. To support his son's petition, Ham Hung Wah's father also submitted an affidavit from prominent white members of society testifying to the family's trustworthiness, membership in the Presbyterian Church, and adoption of the "habits of western civilization." The petition was eventually dismissed at the request of Wah's attorney. His fate is unknown.
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In the Matter of the Petition of Juan Rey Abeita for a Writ of Habeas Corpus (1892) |
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In this case, Juan Rey Abeita petitioned on behalf of his three sons against the superintendent of the Government Indian School in Albuquerque, who refused to allow his sons to return home. The writ was granted, but Abeita later withdrew the petition. Records in the Office of Indian Affairs indicate that the agency pressured the superintendent into releasing the children to avoid an unfavorable legal ruling.
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In the Matter of the Petition of Kichitaro Kubota and Ise Kubota for a Writ of Habeas Corpus (1920) |
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In this habeas case, a Japanese immigrant and his new wife were denied entry to the United States after visiting Japan. Kichitaro Kubota presented evidence of his employment and property-ownership to the court and condemned the prejudice that led to their exclusion. The judge found that Kubota and his wife were entitled to be admitted into the U.S. and ordered them released from detention.
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Indian Appropriation Bill (1902) |
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This senate appropriation bill outlined amended laws related to the Dawes Commission and the Five Tribes, which set timelines for critical tribal citizenship processes.
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Indian Appropriations Act of 1893 |
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This appropriations act shows funding for a range of federal projects on tribal lands in the late nineteenth century. Monies were allocated toward payroll for agents, interpreters, surveyors, and boarding school superintendents, as well as traveling and various expenses for same; treaty stipulations and material support on reservations and treaty lands; boarding schools; and distribution on interest of trust fund stocks. The act shows key federal interventions in the establishment of institutions, as well as the commission later entitled the Dawes Commission.
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Indian Appropriations Act of 1902 |
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Referred to as the "Dead Indian Act," this congressional act shows how privilege was given to guardians with the power to sell allotted land of minor heirs of deceased tribal citizens. The act also established a new federal judicial district in Indian Territory.
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Indian Appropriations Act of 1904 |
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This act allocated funds for a wide variety of expenditures on Native lands including boarding schools, asylums, payroll, transportation, warehouses, police, judges, and medical supplies, and called for the liquidation of tribal land not already allotted to tribal citizens. It also removed alienation restrictions for some allottees on a case-by-case basis.
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Indian Citizenship Act (1924) |
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The Indian Citizenship Act granted automatic United States citizenship to all Native American people while allowing them to maintain their tribal citizenship.
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Indian Major Crimes Act (1885) |
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The Indian Major Crimes Act brought certain crimes committed on tribal lands under the jurisdiction of the United States federal government, weakening tribal sovereignty.
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Indian Territory Citizenship Act (1901) |
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This act amended section six of the Dawes Act to give United States citizenship to all Native Americans residing in Indian Territory.
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Jones Act (1920) |
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The Jones Act established that all interstate shipping must be conducted on ships that are owned and operated by United States shipping. This act claims to protect national security, but it also makes shipping to U.S. territories and Hawaii more expensive than international shipping.
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Jones–Shafroth Act (1917) |
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This act granted U.S. citizenship to anyone born in Puerto Rico on or after April 11, 1899, reformed the Puerto Rican government, and included a bill of rights that paralleled the rights and privileges available to U.S. citizens in the states and territories.
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Letter from Commissioner of Indian Affairs to Superintendent, Round Valley, California (1902) |
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This letter from the Commissioner of Indian Affairs to the Superintendent of the Round Valley Reservation in California reveals the connections between appearance and progress towards civilization in the eyes of federal Indian policymakers during the Progressive Era. This federal document is an example of policies restricting Native American identity for the purpose of furthering assimilation. In it, racialized presumptions about civilization are tied to hair, Native practices of face painting, and clothing. The agent is encouraged to get his wards to wear their hair short, as it will "hasten their progress towards civilization." Hair is especially seen as an agent of regression for former boarding school students, who return to the reservation, let their hair grow long, and subsequently "adopts all the old habits and customs which his education in our industrial schools had tried to eradicate." Dancing and feasts are prohibited because of their effects on morality. The Commissioner suggests withholding employment and supplies from Native Americans who do not comply with these orders.
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Letters of Application for Fee Patent (1915) |
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Three applications sent to the Secretary of the Interior for admission to full American citizenship through the competency process. These applications summarized the main assets and qualities of the Native American individual that qualified them for U.S. citizenship. Some applications were written by the Native American applicant, but the majority were composed by a reservation agent. Together, these three applications reveal the changes brought upon Native American landholdings and personal identity as a result of the Allotment and Assimilation era. They emphasize how legal schemes, such as the competency commissions, upheld racialized legal benchmarks as indicators of a Native person's readiness for citizenship.
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Lum Jung Luke and E. M. Allen v. C. E. Yingling and H. W. Applegate (1926) |
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Lum Jung Luke and his business partner, E. M. Allen, applied for an injunction against Arkansas Attorney General H. W. Applegate and prosecutor C. E. Yingling, who had threatened to begin an escheat proceeding (the process of transferring assets to the state) against Lum due to his status as an alien ineligible for citizenship. Chancery Judge A. L. Hutchins ruled in Lum's favor, not only enjoining the attorney general, but also striking down the Alien Land Act of 1925 as "unconstitutional and void."
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Lum Jung Luke's Deed of Transfer (1926) |
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This deed of transfer between Lum Jung Luke (spelled Luke Lum Jung) and the Harrison Lumber Company was filed while the Chancery Court decision on Arkansas' alien land law was still pending.
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Making A Sioux Indian Into An American Citizen (1916) |
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In this newspaper article, Secretary of Interior Franklin Lane gives an account of a naturalization ritual that took place on the Yankton Reservation, South Dakota, in 1916. This article highlights the lived experience of naturalization processes for Native American individuals becoming U.S. citizens, revealing the involvement of other participants at the ceremony. This account highlights the complexities with receiving allotment for Native individuals and some of the effects citizenship had on legal and political rights. With a photograph of the event, this document provides a glimpse into the symbolic nature of the event, where the restructuring of Native identity encouraged in Allotment and Assimilation era policies is performed.
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Mann Act (1910) |
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The Mann Act was a federal law that focused on interstate sex trafficking, specifically of white women. The act was responsible for the targeting of inter-racial couples by law enforcement.
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Meriam Report: General Summary of Findings and Recommendations (1928) |
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The Meriam Report highlighted the failures of allotment while advocating for reform.
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Native American Citizenship and Competency During the Allotment and Assimilationist Era |
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This teaching module explores how citizenship featured in Native American policy during the Allotment and Assimilation Era. It highlights the first formal naturalization process for individuals on a national scale. Focusing on competency commissions from 1915 to 1920, this unit guides students in analyzing how legal assessments of "competency" in the context of citizenship were shaped by race, gender, and settler values. Using primary documents— including applications, inspection reports, and naturalization rituals—this module examines how federal policies enforced whiteness and domestic norms as criteria for inclusion. The module also encourages discussion about the dual role of citizenship as both a tool of assimilation and a potential resource for Native resistance and legal agency.
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Nebraska Abortion Statute (1929) |
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This Nebraska state statute regarding abortion reflects the diverse landscape of abortion law before Roe v. Wade. This law punished individuals for helping pregnant women obtain a miscarriage.
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Nebraska Vagrancy Law (1929) |
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Vagrancy acts passed by the Nebraska state legislature reflected race-neutral legal language that was used to target the poor, people of color, and women.
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Notice to Republican Voters of the 9th Congressional District of Virginia (1902) |
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This broadside publicized information about new voting laws and poll taxes in Virginia.
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Of Masters and Apprentices (1887) |
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Acts passed by the Virginia General Assembly reflected race-neutral language of the legal code after the Civil War. Application of these statutes resulted in entrenched Jim Crow segregation.
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Oklahoma's Poor Rich Indians: An Orgy of Graft and Exploitation of the Five Civilized Tribes, Legalized Robbery (1924) |
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The introduction of Zitkala-Ša's groundbreaking report opened the scene on fraud facilitated by guardians, lawmakers, and county clerks at the expense of minors, heirs, and incompetents during early Oklahoma statehood, and focused on probate courts as a site of legal exploitation.
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