 In the Matter of the Application of Andrew J. Sawyer for Writ of Habeas Corpus for Chin Tu Ling, Lee Shun, and Look Fung (1898) |
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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.
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| In the Matter of the Application of Claus Hubbard for a Writ of Habeas Corpus (1898) |
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In this case, a prominent member of Omaha's 3rd Ward was arrested for vagrancy. To challenge his wrongful arrest, Claus Hubbard petitioned for habeas corpus, arguing that he was targeted by police because of his activism in the community. Hubbard frequently provided legal advisement and bail to African Americans facing indiscriminate arrests. The court agreed, ordering his release and also admonishing the police for violating the constitutional liberties of citizens.
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| In the Matter of the Application of Gussie Burns for Writ of Habeas Corpus (1920) |
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In this case, Gussie Burns was arrested for vagrancy, found guilty, and sentenced to 30 days in the county jail. After her sentencing, she was subjected to a physical examination and reportedly found to have venereal disease. As a result, she was sent to the Omaha Women's Detention Home for treatment. After being confined to the home for four months, Gussie petitioned for a writ of habeas corpus, arguing that her 30 day sentence had long since passed, the disease she was alleged to have did not exist, and that officials would not release her until she consented to "an operation for the removal of certain tubes." A writ was granted, though the outcome of her case is unknown. Cases like Gussie's illustrate the legal sophistication of women in the face of attempts to subordinate them during the Progressive Era.
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| In the Matter of the Application of Mary Marshall, mother of William Marshall an Infant, for a Writ of Habeas Corpus (1886) |
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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.
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| In the Matter of the Application of Standing Bear et al. for a Writ of Habeas Corpus (1879) |
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Standing Bear's writ of habeas corpus showed implications for citizenship, land dispossession, and human rights.
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| In the Matter of the Application of Yu Gum and Yu Hung for a Writ of Habeas Corpus (1886) |
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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.
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| In the Matter of the Petition for Writ of Habeas Corpus for the Person of Nan Oy (1888) |
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The habeas corpus petition of Nan Oy shows legal challenges related to carceral confinement and immigration in the nineteenth century. In this case, Nan Oy was arrested crossing the U.S. border to be with her husband, a U.S. citizen. She was ultimately deported.
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| 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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| John Heo v. Robert H. Milroy (1880) |
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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.
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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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 Keeping Account (1885) |
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This political cartoon, published in the wake of the Rock Springs Massacre that targeted Chinese laborers, depicted the practice of "indemnity," or compensation between nations in the wake of racial violence. The cartoon depicted Uncle Sam and the Emperor of China debating how and whether China would be compensated for the racial violence in Wyoming Territory.
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| Korematsu v. United States (1944) |
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In this case, the Supreme Court ruled that war-time exclusion against Japanese-Americans was valid.
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| Legalizing Whiteness: What Asian American Legal History Tells Us About Citizenship in the Early 20th Century |
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This teaching module explains how the Supreme Court determined Asian American legal standings in the early 20th century through the lens of and priority toward whiteness.
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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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| 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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| Lone Wolf v. Hitchcock (1903) |
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After Congress attempted to pass legislation that violated the Medicine Lodge Treaty of 1867, Kiowa chief Lone Wolf filed a complaint on behalf of the tribes who had signed the treaty. The Supreme Court sided with Congress and upheld the violation of the treaty.
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