Dawes Severalty Act (1887) Commentary by G. Mehera Gerardo, Youngstown State University

Audience

The Dawes Act was written by politicians for politicians and bureaucrats. The language is technical and verbose, but also pointedly specific. The drafters of the act, who saw themselves as friends of the American Indian, attempted to draft an act so specific that those wishing to use the new policy to displace American Indians would not be able to do so. Notably, the initial act was drafted so seamlessly that speculators had difficulty obtaining legal rights to Native allotments until after the Dawes Act was amended in 1891.

The Dawes Act was written with the understanding that employees of the General Land Office and the Bureau of Indian Affairs would frequently refer to it. For that reason these employees are specifically addressed throughout the act, and their actions are strictly proscribed. The act frequently warns agents against attempting to use their position for personal gain, stating, for example, that agents choosing plots of land for orphaned children...