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Updated: June 20, 2025
Whether these concerns act in severalty or by collusion and conspiracy, in so defining the pecuniary terms of life for the community at large, is substantially an idle question, so far as bears on the material interest of the common man.
The reservation of the Santee Sioux contains 83,200 acres; of which a small portion only is suitable for agricultural purposes, the country generally being broken with high bluffs and deep ravines. Lands have been allotted in severalty to over two hundred.
28 But if the corn of Titius has become mixed with yours, and this by mutual consent, the whole will belong to you in common, because the separate bodies or grains, which before belonged to one or the other of you in severalty, have by consent on both sides been made your joint property.
In any community where goods are held in severalty it is necessary, in order to his own peace of mind, that an individual should possess as large a portion of goods as others with whom he is accustomed to class himself; and it is extremely gratifying to possess something more than others.
One element of his success was no doubt the change in the charter of 1609. By the first charter everything had been held in common by the company, and there had been no division of property or allotment of land among the colonists. Under the new regime land was held in severalty, and the spur of individual interest began at once to improve the condition of the settlement.
Madison lays great stress on the fact that though the constitution of the Union was formed by the States, it was formed, not by the governments, but by the people of the several States; but this makes no essential difference, if the people are the people of the States, and sovereign in their severalty, and not in their union.
After drawing, in fine and truthfully glowing words, a picture of woman's progress under the institutions and laws of the United States, she said: "For the first time, all political right, privilege and power reposes undisguisedly on the one brutal fact of sex, unsupported, untempered, unalloyed by any attribute of education, any justification of intelligence, any glamour of wealthy any prestige of birth, any insignia of actual power.... To-day, the immigrants pouring in through the open gates of our seaport towns, the Indian when settled in severalty, the negro hardly emancipated from the degradation of two hundred years of slavery, may all share in the sovereignty of the State.
The patentees, having no common object to prosecute, resolved to divide their lands; and, in the expectation of receiving a deed of confirmation for the particular portion which fortune should allot to each, cast lots, in the presence of James, for the shares each should hold in severalty.
The work in the Indian Bureau in the execution of the policy of recent legislation has been largely directed to two chief purposes: First, the allotment of lands in severalty to the Indians and the cession to the United States of the surplus lands, and, secondly, to the work of educating the Indian for his own protection in his closer contact with the white man and for the intelligent exercise of his new citizenship.
I see no substitute for such a system, except in placing all the Indians on large reservations, as rapidly as it can be done, and giving them absolute protection there. As soon as they are fitted for it they should be induced to take their lands in severalty and to set up Territorial governments for their own protection.
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