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Land Tenure and Use in Native American Culture

Native Americans believe they are closelybidder as a labor hand for a certain period
linked with the land and everything thatof time, usually a week. At the end of the
grows on the land or lives on the land.week, the Indian would be paid in alcohol,
Because of this belief, the idea of "owning"would be arrested again on Monday, and the
land did not exist among the Nativecycle would start over.Another strategy used
Americans. They lived off the land, but didby the Europeans to acquire land was by
not consider that they owned it. This is notpurchasing it from the Native Americans.
to say that they shared the land with otherWhether through devious actions or ignorance
tribes, because they did establishof Indian ways, the Europeans would get a few
territorial rights to certain parts oftribal members to sell the land, which caused
America among the many tribes. Intrusion intoconflict within the tribe. For example,
another tribe's territory was considered anTecumseh, a Shawnee, protested the sell of
invasion and was often met withhis tribal lands in the following way:The
warfare.Before contact with Europeans, mostwhite people have no right to take the land
of the Native Americans lived in hunterfrom the Indians, because they had it first;
gatherer communities composed of smallit is theirs. They may sell, but all must
populations of people. A few tribes hadjoin. Any sale not made by all is not valid.
settled into farming communities before theThe late sale is bad. It was made by a part
coming of Europeans, but these were rare. Theonly. Part do not know how to sell. It
Native Americans set up their community withrequires all to make a bargain for all
an equal division of labor between men and(Hurtado, 171).Another land issue that caused
women. Women controlled the use of the landconflict within the Native American peoples
and men controlled the distribution of goodswas the policy of removing Indians from their
from the land. Goods were consideredtraditional homelands onto reservations. A
community property with the whole tribegood example of this is the removal of the
sharing in equal parts.Before contact withCherokee Indians from Georgia into
Europeans, land tenure and use favored women.present-day Oklahoma. The Cherokee
Inheritance passed through the maternal sidenewspaperman Elias Boudinot, although
and women controlled the use of the land. Theinitially opposing removal, came "to believe
Iroquois women also controlled thethat removal was necessary to save the
community's store of goods, in addition toCherokee nation" (Hurtado 207). After the
farming in female cooperatives. The NorthwestCherokees had been removed to Oklahoma,
Tlingit women handled any money in the tribe,opponents of the removal "killed Boudinot and
as men were thought to be foolish in theirother Indians who had signed the removal
spending habits. The Tlingit women alsotreaty" (Hurtado 207).After all the Native
controlled any fur transactions. In nomadicAmericans had been removed unto reservations,
tribes, such as the Plains Indians, womenthe federal government passed the Dawes Act
owned and distributed all the domestic goods,of 1887. This law divided the reservation
while men controlled all items relating tolands into sections for private ownership,
hunting and warfare.When the Europeansthus destroying the concept of sharing lands
arrived in America, they were shocked by thecommunally. Because of the Dawes Act, the
Native Americans' matriarchal and matrilinealIndians lost two of every three acres held
system. The European conquerors began tobefore 1887. The purpose of this law was to
chain the Native Americans to the landhalt the Indians' nomadic lifestyle by
through farming. As with the Twa tribe, manyturning them into farmers.Since Native
Native American tribes were subjected to theAmerican peoples had no concept of land
Spanish system of encomienda, which remainedownership, the European invaders considered
in effect in New Mexico between 1600 andthe land to be up for grabs. The Europeans
1680. This Spanish system "provided for theused a variety of ways to gain control of the
involuntary seizure of a percentage of eachland. They used deception on Montezuma. They
Pueblo farmer's crop every year to supportignored Indian political practices by having
Spanish missionary, military, and civila few Indians sell the lands. And when all
institutions" (Folsom 14).The Nativeelse failed, the federal government passed
Americans in California territory were alsolaws to relocate the Indians and resorted to
induced into forced labor. The Spanish, andwarfare if they resisted.BibliographyFolsom,
later the Mexicans, occupying this territoryFranklin. Indian Uprising on the Rio Grande.
established legislation that authorized theUniversity of Mexico Press, 1996.Hurtado,
arrest of any Indian for drunkenness, or evenAlbert, Peter Iverson, and Thomas Paterson,
just loitering, upon the complaint of anyeditors. Major Problems in American Indian
citizen. Once the Indian was arrested, he orHistory: Documents and Essays. Houghton
she must pay a fine or be sold to the highestMifflin Company Collegiate Division, 2000.



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