Land Tenure and Use in Native American Culture

Native Americans believe they are closely linkedcertain period of time, usually a week. At the end
with the land and everything that grows on theof the week, the Indian would be paid in alcohol,
land or lives on the land. Because of this belief, thewould be arrested again on Monday, and the cycle
idea of "owning" land did not exist among thewould start over.
Native Americans. They lived off the land, but didAnother strategy used by the Europeans to
not consider that they owned it. This is not toacquire land was by purchasing it from the Native
say that they shared the land with other tribes,Americans. Whether through devious actions or
because they did establish territorial rights toignorance of Indian ways, the Europeans would
certain parts of America among the many tribes.get a few tribal members to sell the land, which
Intrusion into another tribe's territory wascaused conflict within the tribe. For example,
considered an invasion and was often met withTecumseh, a Shawnee, protested the sell of his
warfare.tribal lands in the following way:
Before contact with Europeans, most of theThe white people have no right to take the land
Native Americans lived in hunter/gathererfrom the Indians, because they had it first; it is
communities composed of small populations oftheirs. They may sell, but all must join. Any sale
people. A few tribes had settled into farmingnot made by all is not valid. The late sale is bad. It
communities before the coming of Europeans, butwas made by a part only. Part do not know how
these were rare. The Native Americans set upto sell. It requires all to make a bargain for all
their community with an equal division of labor(Hurtado, 171).
between men and women. Women controlled theAnother land issue that caused conflict within the
use of the land and men controlled the distributionNative American peoples was the policy of
of goods from the land. Goods were consideredremoving Indians from their traditional homelands
community property with the whole tribe sharingonto reservations. A good example of this is the
in equal parts.removal of the Cherokee Indians from Georgia
Before contact with Europeans, land tenure andinto present-day Oklahoma. The Cherokee
use favored women. Inheritance passed throughnewspaperman Elias Boudinot, although initially
the maternal side and women controlled the useopposing removal, came "to believe that removal
of the land. The Iroquois women also controlledwas necessary to save the Cherokee nation"
the community's store of goods, in addition to(Hurtado 207). After the Cherokees had been
farming in female cooperatives. The Northwestremoved to Oklahoma, opponents of the removal
Tlingit women handled any money in the tribe, as"killed Boudinot and other Indians who had signed
men were thought to be foolish in their spendingthe removal treaty" (Hurtado 207).
habits. The Tlingit women also controlled any furAfter all the Native Americans had been removed
transactions. In nomadic tribes, such as the Plainsunto reservations, the federal government passed
Indians, women owned and distributed all thethe Dawes Act of 1887. This law divided the
domestic goods, while men controlled all itemsreservation lands into sections for private
relating to hunting and warfare.ownership, thus destroying the concept of sharing
When the Europeans arrived in America, theylands communally. Because of the Dawes Act, the
were shocked by the Native Americans'Indians lost two of every three acres held before
matriarchal and matrilineal system. The European1887. The purpose of this law was to halt the
conquerors began to chain the Native AmericansIndians' nomadic lifestyle by turning them into
to the land through farming. As with the Twafarmers.
tribe, many Native American tribes wereSince Native American peoples had no concept of
subjected to the Spanish system of encomienda,land ownership, the European invaders considered
which remained in effect in New Mexico betweenthe land to be up for grabs. The Europeans used
1600 and 1680. This Spanish system "provided fora variety of ways to gain control of the land.
the involuntary seizure of a percentage of eachThey used deception on Montezuma. They
Pueblo farmer's crop every year to supportignored Indian political practices by having a few
Spanish missionary, military, and civil institutions"Indians sell the lands. And when all else failed, the
(Folsom 14).federal government passed laws to relocate the
The Native Americans in California territory wereIndians and resorted to warfare if they resisted.
also induced into forced labor. The Spanish, andBibliography
later the Mexicans, occupying this territoryFolsom, Franklin. Indian Uprising on the Rio Grande.
established legislation that authorized the arrest ofUniversity of Mexico Press, 1996.
any Indian for drunkenness, or even just loitering,Hurtado, Albert, Peter Iverson, and Thomas
upon the complaint of any citizen. Once the IndianPaterson, editors. Major Problems in American
was arrested, he or she must pay a fine or beIndian History: Documents and Essays. Houghton
sold to the highest bidder as a labor hand for aMifflin Company Collegiate Division, 2000.