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Gilded Age

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Title Description Class
Criminal Docket, Sweetwater County Rock Springs Precinct, September 1885 A Coroner’s Inquest investigated the murders of Chinese mine workers in Rock Springs, Wyoming Territory, in September 1885. While 16 white miners were arrested for participation in the massacre, no one was ever held legally responsible.
Curtis Act These excerpts from the Curtis Act show federal land dispossession in Indian Territory through settler colonial judicial and administrative practices. The act dissolved regional tribal courts, voided tribal laws, and reorganized jurisdiction in Indian Territory.
Dawes Act This classic document in Native American legal history formalized the process of federal land dispossession. Section 6 made claims to the adoption of civilized life as a necessary precursor to Indigenous participation in allotment.
Elective Franchise and Qualifications for Office (1887) This act passed by the Virginia General Assembly in 1887 places few restrictions on voting. Compare it to the act of 1902, which added literary and property ownership requirements meant to disenfranchise African Americans, resulting in entrenched Jim Crow segregation.
Elk v. Wilkins In Elk v. Wilkins, the Supreme Court denied United States citizenship to Native Americans.
Enforcement Act of 1870 The Enforcement Act of 1870 was enacted to enforce the 15th Amendment during Reconstruction. It explicitly prohibited the use of terror, force, or disguise to violate a voter's constitutional right. This law was intended to protect the voting rights of Black Americans and penalize state officials and violent groups like the Ku Klux Klan who interfered.
Enforcement Act of 1871 The Enforcement Act of 1871 revised the Enforcement Act of 1870 to further protect Black Americans' right to vote and hold office. It added more severe punishments to those who violated the constitutional rights of Black Americans. This act specifically called for federal oversight of national elections and empowered federal judges and marshals to supervise local polling places.
Estimate of Property Loss Sustained by the Chinese in their respective camps at Rock Springs In the wake of the 1885 Rock Springs Massacre, a U.S.- Chinese commission made up of politicians, ambassadors, and diplomats arrived in Wyoming Territory to collect testimony and tally the loss of property among Chinese laborers. The property lists accounted for individual property ownership, as well as property held in common by the Chinese miners.
Ex Parte Crow Dog Ex Parte Crow Dog was a Supreme Court case that asserted the federal government's role in criminal jurisdiction on tribal lands. The Court held that the federal government did not have jurisdiction over crimes committed by Native peoples against one another on tribal land. The Court's decision in this case affirmed tribal sovereignty, leading to the passage of the Indian Major Crimes Act two years later, which brought certain crimes committed on tribal lands under the jurisdiction of the federal government.
Grover Cleveland Speech Regarding Chinese Immigrant Workers President Grover Cleveland's 1886 speech discusses the anti-Chinese violence at Rock Springs, Wyoming Territory. In it he argues that the United States is not responsible for this violence.
Immigration Act of 1891 The Immigration Act of 1891 gave the Federal Government direct control over assessing and processing immigrants into the United States. It prohibited polygamists, people convicted of "crimes of moral turpitude," and people with certain diseases from entering the U.S. The act also created the Office of the Superintendent of Immigration within the Treasury Department to regulate immigration.
In the case of E. M. Hewlett In 1886, Felix Quander entered into a legal battle with Emanuel Molyneaux Hewlett, a prominent Black attorney in Washington, D.C., that was covered by several of the area's newspapers. Hewlett attempted to collect three cows and a horse from Quander as payment for legal fees, which Quander contested. After two trials, Hewlett was found not guilty of larceny. Two years later, a second dispute occurred between the two men when Quander located the previously taken horse. Hewlett, Quander, and two of Quander's sons were charged with disorderly conduct and fined $5 after an incident in front of the Police Court that was covered by the Evening Star.
In the Matter of the Application of Andrew J. Sawyer for Writ of Habeas Corpus for Chin Tu Ling, Lee Shun, and Look Fung In this case, three Chinese girls between the ages of 15 and 18 used habeas corpus to free themselves from the custody of the Mee Lee Wah Village Company responsible for developing the Chinese Village for the Trans-Mississippi and International Exposition in Omaha. The judge found that the girls were being kept for "immoral purposes" and were remanded to the custody of a missionary doctor who would make arrangements for their return to China. After this judgment, the company filed their own petition for a writ of habeas corpus in an attempt to re-establish custody of the girls, who, they argued, owed a contractual obligation to the corporation until the close of the exposition. In this second case, the judge released the girls into the custody of the Mee Lee Wah Village Company so that they could fulfill their contracts.
In the Matter of the Application of Mary Marshall, mother of William Marshall an Infant, for a Writ of Habeas Corpus The habeas corpus petition of Mary Marshall shows legal challenges related to carceral confinement and child custody in the nineteenth century. After being abandoned by her husband, a mother and her three children were forced to enter a charitable home. When one child became ill, he was given to the custody of a physician. The court ruled that custody of the child was lawful, but that in six months time, the mother could petition to amend or modify the judge's order.
In the Matter of the Application of Standing Bear et al. for a Writ of Habeas Corpus Standing Bear's writ of habeas corpus showed implications for citizenship, land dispossession, and human rights.
In the Matter of the Application of Yu Gum and Yu Hung for a Writ of Habeas Corpus The habeas corpus petitions of Yu Gum and Yu Hung show legal challenges related to carceral confinement and immigration in the nineteenth century. In this case, two sisters were detained in Seattle for being in the U.S. unlawfully. When they were set to be deported to British Columbia, the girls petitioned for a writ of habeas corpus. The outcome of their case is unknown.
In the Matter of the Petition of Juan Rey Abeita for a Writ of Habeas Corpus 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.
Indian Appropriation Bill This excerpted senate appropriation bill outlined amended laws related to the Dawes Commission and the Five Tribes, which set timelines for critical tribal citizenship processes.
Indian Appropriations Act of 1871 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.
Indian Appropriations Act of 1893 Excerpts from the 1893 appropriations act show 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.
Indian Appropriations Act of 1902 Referred to as the "Dead Indian Act," excerpts from this congressional act show 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.
Indian Appropriations Act of 1904 Excerpts from this congressional act show the allocation of 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.
Indian Major Crimes Act The Indian Major Crimes Act brought certain crimes committed on tribal lands under the jurisdiction of the United States federal government, weakening tribal sovereignty.
Indian Territory Citizenship Act This act amended section six of the Dawes Act to give United States citizenship to all Native Americans residing in Indian Territory.
John Heo v. Robert H. Milroy In this habeas suit, John Heo was arrested by an Indian agent after he refused to reside on the reservation with his wife and children. Heo argued that he had severed his tribal relations, as had his parents, and that they never lived on a reservation or accepted government annuities. Despite "constantly living with the whites engaged in the pursuits of civilized life" and having "at no time lived with any tribe of Indians" or "acknowledged himself a member of any Indian tribe," the judge ruled in favor of the Indian agent, and Heo remained in custody.