 Homestead Act (1862) |
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The Homestead Act allowed any citizen or intended citizen to claim and settle 160 acres of federal land. In exchange for a filing fee and the completion of five years of continuous residence and cultivation of the land, settlers would receive ownership of the land. This act incited further westward expansion and dispossession of Native lands. Union Army scout Daniel Freeman filed the first land claim for a homestead in Gage County, Nebraska Territory.
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| In the Matter of the Application for Writ of Habeas Corpus by Elizabeth Bird (1867) |
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The habeas corpus petition of Elizabeth Bird shows legal challenges related to child custody in the nineteenth century. In this case, Bird argued that she was made the legal guardian of Missouri Bird, a ten year old child, by the child's mother, and claimed that Missouri was being confined to the house of Frances Pattmore. Pattmore responded that Missouri's presence in her house was of her own free will. The court awarded custody of Missouri to Pattmore.
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| Indian Appropriations Act of 1871 |
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The United States Congress passed several laws that ended treaty-making with Native American nations, eroding tribal sovereignty. This 1871 act stated that Native nations were no longer considered or recognized by the federal government as independent nations.
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| Letter from Nelson Harris to the Commissioner of Indian Affairs (1867) |
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In this letter, Choctaw Freedman Nelson Harris describes his treatment by the Choctaw Nation following the 1865 act. He draws upon the Treaty of 1866, asking for assistance in ensuring his rights to reside and work in the Choctaw Nation were respected.
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| Letter from Thirteen Choctaw and Chickasaw Freedmen Pleading for Federal Assistance in Emancipating their Kin (1865) |
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This letter, formulated by a group of thirteen men who fled enslavement in the Choctaw and Chickasaw Nations, details how Choctaw and Chickasaw enslavers continued to hold Black people in bondage. The letter includes a plea for federal assistance in ensuring the freedom of the authors' family members, an exhibit with the names and locations of eighty people who were still enslaved in the Choctaw and Chickasaw Nations, and an accounting of how self-emancipated Black people were under threat of immediate death if they were to return to either nation.
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| List of Freedmen who have been Murdered in the state of Texas since the close of the Rebellion (1866) |
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These records document the extreme extent of retributive, white supremacist violence committed against the population of freedmen and women upon emancipation in Texas. This compilation contains graphic language and descriptions.
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| Medicine Lodge Treaty (1867) |
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Signed between the United States government and several of the Great Plains Native American tribes, the Medicine Lodge Treaties were a series of treaties relocating these Native American groups to Indian Territory. The October 21, 1867 treaty relocated the Kiowa and Comanche people.
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| Miscarriage (1867) |
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The Illinois state statute regarding miscarriage reflects the diverse landscape of abortion law in the nineteenth century. This law punished individuals for helping pregnant women obtain a miscarriage.
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| Mississippi Black Codes (1865) |
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Black Codes were enacted by former slave states following the abolishment of slavery with the 13th Amendment in order to restrict the freedom of Black people. Mississippi was the first state to pass such codes in November 1865. Laws like these to the passage of the Civil Rights Act of 1866 and the Fourteenth Amendment.
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| Morrill Act (1862) |
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This act, passed during the Civil War, prioritized proficiency in agriculture and mechanics to see to the needs of the growing country. The act granted federal lands to each state for the endowment, support, and maintenance of at least one college that promotes agriculture and the mechanic arts. The University of Nebraska-Lincoln was established in 1869 as Nebraska's land-grant university.
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| Naturalization Act of 1870 |
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The 1870 Naturalization Act extended paths to United States citizenship for people of African descent while excluding Chinese immigrants.
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| Nebraska Abortion Statute (1873) |
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The Nebraska state statute regarding abortion reflects the diverse landscape of abortion law in the nineteenth century. This lengthy law punished individuals for helping pregnant women obtain a miscarriage.
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| Of Colored Persons (1871) |
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This act passed by the Virginia General Assembly reflects the 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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| Opinion of Chief Justice Hornblower on the Fugitive Slave Law (1836) |
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Justice Hornblower’s opinion in the State v. Sheriff of Burlington County called into question the authority of the Fugitive Slave Act. The opinion calls into question discrepancies between the federal law and state statute. This opinion is over the case of the Helmsley family. Alexander Helmsley and his wife, Nancy, were a free black couple living in New Jersey. Someone accused them of being fugitive slaves. Under the Fugitive Slave Act, the family should have been sent back to their former enslaver; however, New Jersey’s Personal Liberty Law protected them from being extradited from the state. Hornblower’s opinion advocated for following the state personal liberty law over following the federal law.
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| Page Act (1875) |
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The Page Act was a federal law that profiled Chinese and other women immigrating from Asian countries as immoral, barring them from entering the United States.
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| Peonage Act of 1867 |
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Following the passage of the 13th Amendment, this act officially abolished peonage, or debt slavery, in the United States. It specifically targeted New Mexico Territory, where this form of involuntary servitude was historically practiced. This act was later codified at 42 U.S.C. § 1994.
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 Poll Tax Receipt for Lee Carr (1955) |
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An image of a poll tax receipt from Texas. Poll taxes were a tool to prevent Black people and poor people from voting, since the poll tax was often a significant percentage of someone's weekly income.
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| Racial Violence at Rock Springs, Property Compensation, and "Indemnity" during Chinese Exclusion |
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This teaching module investigates the legal concept of "indemnity" and property compensation in the wake of the Rock Springs Massacre, which targeted Chinese laborers in Wyoming Territory in 1885. When white miners attacked a Chinese labor community, Chinese survivors petitioned the New York consul and worked through diplomatic channels to demand redress. This module explores how the concept of "indemnity" relied on treaty obligations and was tied to property compensation during a moment when national legislation worked to further restrict Chinese immigration.
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| Smith v. Directors of Independent School Dist. of Keokuk (1875) |
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In this case, the Iowa Supreme Court affirmed a lower court's ruling that the Keokuk school district could not refuse to admit a Black student based on race. Legal precedent for this case as set in the 1868 ruling in Clark v. Board of School Directors.
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| The Treaty of 1866 and the Long Fight for Black Belonging in the Choctaw and Chickasaw Nations |
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This module reframes histories of the Civil War, emancipation, and Reconstruction by analyzing how enslaved and freed Black people in the Choctaw and Chickasaw Nations struggled to actualize their freedoms amid contested tribal and federal jurisdictions. Ultimately, the module elucidates how Black enslaved and Freedpeople in the Chickasaw and Choctaw Nations developed unique methods of resistance and visions of freedom shaped by the legal paradigms forged in the Treaty of 1866.
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| Treaty of Fort Laramie (1868) |
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Signed between the U.S. and the Sioux Nation, this treaty granted the Black Hills to the Sioux people as part of their reservation. A few years later, General George Custer led an expedition through the Black Hills where they found gold. American violation of this treaty led to the Battle of Little Bighorn in 1876. Ownership of the Black Hills continues to be disputed today.
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| Treaty with the Choctaw and Chickasaw (1866) |
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The 1866 Treaty with the Choctaw and Chickasaw was one of a series of treaties between the United States government and each of the "Five Civilized Tribes" (the Cherokee, Chickasaw, Choctaw, Muscogee Creek, and Seminole Nations) at the end of the Civil War. The treaty details the stipulations for the Choctaw and Chickasaw Nations to re-establish their allegiance with the U.S. after allying with the Confederate States of America during the Civil War. Among other provisions, the Choctaw and Chickasaw Treaty of 1866 included articles that outlawed slavery within both nations (except as a punishment for crime), provided a pathway for citizenship and civil rights for the Freedmen of both nations, and ceded lands to the United States.
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| Treaty with the Navajo Nation (1868) |
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The 1868 Treaty with the Navajo allowed them to return to their ancestral lands during a period of history where the U.S. government were removing Native Americans from their homelands.
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| U.S. Constitutionalism and Native American Sovereignty |
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This teaching module discusses the centrality of Native people and their nations throughout American history, featuring a webinar with Ned Blackhawk, author of the 2023 book, The Rediscovery of America: Native Peoples and the Unmaking of U.S. History.
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| U.S. Freedman's Bank Records, Registers of Signatures of Depositors, New York (1870) |
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Freedman's Bank records show both strivings toward stability as well as racialization and colorism post-emancipation due to the specific color-related information listed with deposits.
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