Land Tenure and Use in Native American Culture

Native Americans believe they are closely linkedlabor hand for a certain period of time, usually a
with the land and everything that grows on theweek. At the end of the week, the Indian would
land or lives on the land. Because of this belief, thebe paid in alcohol, would be arrested again on
idea of "owning" land did not exist among theMonday, and the cycle would start over.Another
Native Americans. They lived off the land, but didstrategy used by the Europeans to acquire land
not consider that they owned it. This is not towas by purchasing it from the Native Americans.
say that they shared the land with other tribes,Whether through devious actions or ignorance of
because they did establish territorial rights toIndian ways, the Europeans would get a few tribal
certain parts of America among the many tribes.members to sell the land, which caused conflict
Intrusion into another tribe's territory waswithin the tribe. For example, Tecumseh, a
considered an invasion and was often met withShawnee, protested the sell of his tribal lands in
warfare.Before contact with Europeans, most ofthe following way:The white people have no right
the Native Americans lived in hunter/gathererto take the land from the Indians, because they
communities composed of small populations ofhad it first; it is theirs. They may sell, but all must
people. A few tribes had settled into farmingjoin. Any sale not made by all is not valid. The late
communities before the coming of Europeans, butsale is bad. It was made by a part only. Part do
these were rare. The Native Americans set upnot know how to sell. It requires all to make a
their community with an equal division of laborbargain for all (Hurtado, 171).Another land issue
between men and women. Women controlled thethat caused conflict within the Native American
use of the land and men controlled the distributionpeoples was the policy of removing Indians from
of goods from the land. Goods were consideredtheir traditional homelands onto reservations. A
community property with the whole tribe sharinggood example of this is the removal of the
in equal parts.Before contact with Europeans, landCherokee Indians from Georgia into present-day
tenure and use favored women. InheritanceOklahoma. The Cherokee newspaperman Elias
passed through the maternal side and womenBoudinot, although initially opposing removal, came
controlled the use of the land. The Iroquois"to believe that removal was necessary to save
women also controlled the community's store ofthe Cherokee nation" (Hurtado 207). After the
goods, in addition to farming in femaleCherokees had been removed to Oklahoma,
cooperatives. The Northwest Tlingit womenopponents of the removal "killed Boudinot and
handled any money in the tribe, as men wereother Indians who had signed the removal treaty"
thought to be foolish in their spending habits. The(Hurtado 207).After all the Native Americans had
Tlingit women also controlled any fur transactions.been removed unto reservations, the federal
In nomadic tribes, such as the Plains Indians,government passed the Dawes Act of 1887. This
women owned and distributed all the domesticlaw divided the reservation lands into sections for
goods, while men controlled all items relating toprivate ownership, thus destroying the concept of
hunting and warfare.When the Europeans arrivedsharing lands communally. Because of the Dawes
in America, they were shocked by the NativeAct, the Indians lost two of every three acres
Americans' matriarchal and matrilineal system. Theheld before 1887. The purpose of this law was to
European conquerors began to chain the Nativehalt the Indians' nomadic lifestyle by turning them
Americans to the land through farming. As withinto farmers.Since Native American peoples had
the Twa tribe, many Native American tribes wereno concept of land ownership, the European
subjected to the Spanish system of encomienda,invaders considered the land to be up for grabs.
which remained in effect in New Mexico betweenThe Europeans used a variety of ways to gain
1600 and 1680. This Spanish system "provided forcontrol of the land. They used deception on
the involuntary seizure of a percentage of eachMontezuma. They ignored Indian political practices
Pueblo farmer's crop every year to supportby having a few Indians sell the lands. And when
Spanish missionary, military, and civil institutions"all else failed, the federal government passed laws
(Folsom 14).The Native Americans in Californiato relocate the Indians and resorted to warfare if
territory were also induced into forced labor. Thethey resisted.BibliographyFolsom, Franklin. Indian
Spanish, and later the Mexicans, occupying thisUprising on the Rio Grande. University of Mexico
territory established legislation that authorized thePress, 1996.Hurtado, Albert, Peter Iverson, and
arrest of any Indian for drunkenness, or evenThomas Paterson, editors. Major Problems in
just loitering, upon the complaint of any citizen.American Indian History: Documents and Essays.
Once the Indian was arrested, he or she mustHoughton Mifflin Company Collegiate Division, 2000.
pay a fine or be sold to the highest bidder as a