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Updated: June 20, 2025
But where good land could be had, a novel choice was offered, by which individual Indians, if they wished, could take their inalienable shares in severalty, rather than be subject to the "band," whereby many industrious Indians elsewhere had been greatly hampered in their efforts to improve their condition.
Nature being minute and absolute in subdivision of function, the law of severalty and independence than which there is no law more important and instructive pervades creation. Thence the intellectual, the religious, the true, the good, cannot interchange functions.
A man learned in the law was brought to the Hill, and Hester Le Moyne, in due form, by her last will and testament devised the plantation to her beloved son Hesden Le Moyne, and her affectionate cousin Hetty Lomax, jointly, and to their heirs forever, on condition that the said devisees should intermarry with each other within one year from the death of the devisor; and in case either of the said devisees should refuse to intermarry with the other, then the part of such devisee was to go to the other, who should thereafter hold the fee in severalty, free of all claim from the other.
First, the government was induced to re-purchase a part of the reservation on the ground that they had more land than they needed for cultivation; and, secondly, the government induced the Indians to have the remainder divided up into farms and conveyed to heads of families in severalty, with power of alienation.
I therefore fully approve of the advice given to them by the Secretary of the Interior on a recent occasion, to divide among themselves in severalty as large a quantity of their lands as they can cultivate; to acquire individual title in fee instead of their present tribal ownership in common, and to consider in what manner the balance of their lands may be disposed of by the Government for their benefit.
He failed, but held out hope to his clients and urged them under no circumstances to go back to their lands at Klamath, advising them as counsel to take up lands in severalty under the pre-emption laws of the United States. It is charitable to suppose that Judge Steele did not foresee the disastrous consequences of his counsel, yet he knew that Jack was wanted at the Klamath agency for murder.
No person in Indian life could obtain the absolute title to land, since it was vested by custom in the tribe as one body; and they had no conception of what is implied by a legal title in severalty with power to sell and convey the fee.
I recommend the passage of a law authorizing the appointment of six commissioners, three of whom shall be detailed from the Army, to be charged with the duty of a careful inspection from time to time of all the Indians upon our reservations or subject to the care and control of the Government, with a view of discovering their exact condition and needs and determining what steps shall be taken on behalf of the Government to improve their situation in the direction of their self-support and complete civilization; that they ascertain from such inspection what, if any, of the reservations may be reduced in area, and in such cases what part not needed for Indian occupation may be purchased by the Government from the Indians and disposed of for their benefit; what, if any, Indians may, with their consent, be removed to other reservations, with a view of their concentration and the sale on their behalf of their abandoned reservations; what Indian lands now held in common should be allotted in severalty; in what manner and to what extent the Indians upon the reservations can be placed under the protection of our laws and subjected to their penalties, and which, if any, Indians should be invested with the right of citizenship.
The peace that is to be kept on this footing of national discriminations and national armaments will necessarily be of a precarious kind; being, in effect, a statesmanlike imitation of the peace as it was once kept even more precariously by the pacific nations in severalty.
These lands have been allotted from time to time to individuals, and held in severalty for cultivation; but these allotments, so to call them, are verbal, and the rights of persons to their possession are settled and adjusted by the chiefs in case of disputes. Mr. If he should do so he would be banished the pueblo, and the sale be treated as void."
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