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The process of determining membership occurs through the implementation of the Dawes Severalty Act, which first created membership lists for the allotment of land and did so according to the subjective tests of civility and, at times, the astonishing physical anthropology administered by Indian Agents or anthropologists, who allotted Indians land based on their reading of Native peoples' bodily characteristics.
The purpose of the legislation of the late-nineteenth-century reformers--land in severalty, citizenship, and education --was to make the Indians self-supporting and assimilate them into the general population.
Land in severalty is a term that allows members of treaty groups to take their land allotment as described in the treaty off the reserve.
Realty previously owned in severalty (or as tenants in common or joint tenancy) transforms into intangible personal property when exchanged for an interest in an entity.
So we had in Australia three types of property regime in land and sea territory: first, private property in land, that is, land held in severalty, sole and individual ownership, legally termed fee land and alienable; second, the territorial sea and a great deal of land conceived as unownable, held in trust by the state for all citizens and having the status of public rights; and third, common property rights (and associated responsibilities) in land and sea held by geographically based, indigenous groups with defined and restricted memberships in customary or native title.
Accordingly, the cultivated area was extended, primarily through consolidation and taking common fields into severalty, and to a lesser extent by the clearing of private woods and common wastes.
Especially in the final decades of the nineteenth century, attempts were made to foster the assimilation of Indigenous peoples by enacting legislation to that effect, such as the Canadian Indian Act (1876) and in the United States, the Seven Major Crimes Act (1885) and the Dawes Severalty Act (1887).
Allotment in severalty, completed in 1921, resulted in 4,894 10-acre irrigable "A" allotments within the reservation.
12) They lived in a four-room, hewn-log house on 160 acres of land allotted to Mary through the Dawes Severalty Act of 1887.
Some opted for citizenship and remained in Kansas; others, some 770 severalty Shawnees, moved south to Indian Territory.
The Dawes Act was first promulgated by Congress in 1887 and provided for the partition of reservations into smaller parcels to be held in severalty by individual Indians or Indian families.
Indian boarding schools attempted to eradicate native languages and impose Christianity, while laws such as the Dawes Severalty Act worked finally to erase indigenous relationships with their land (1-22).