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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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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Memorial of Chinese laborers resident at Rock Springs, Wyoming Territory (1885) |
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Over five hundred Chinese survivors of the 1885 racial violence in Rock Springs petitioned Huang Sih Chuen, the Chinese consul at New York, providing testimony of the white-led massacre and detailing the circumstances through which they lost property. Survivors demanded bodily protection and property compensation, while invoking recent treaty stipulations between the U.S. and China
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Memorial of the Freedmen of the Chickasaw Nation (1882) |
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This statement prepared by two Chickasaw Freedmen used clauses in Article 3 of the Treaty of 1866 to assert that Freedmen had the right to remain in the Chickasaw Nation despite not being formally adopted as citizens. They also demanded Chickasaw Freedmen be guaranteed the right to vote within the Chickasaw Nation.
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Mendez v. Westminster (1947) |
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Menedez v. Westminster found educational segregation toward Latino students unconstitutional.
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