FITZPATRICK'S INDIAN TITLE CHART

WITH

A DIGEST OF THE LAWS ON ALIENATION OF THE

LANDS OF THE FIVE CIVILIZED TRIBES




BY

KIRBY FITZPATRICK





KEY TO FITZPATRICK CHARTS


        The chart is composed of four pages. Each page gives the law of alienation for the tribe, the name of which appears at the top of the page.

        The sections boxed off by division lines crossing the entire page give the law for the period of time indicated by the date in the left margin opposite the respective sections; each section is subdivided by shorter lines to show the law of alienation "by allottee," "by heirs." and "by wills."

        On the right of the printed matter are nine columns of squares; the first column, marked (1), is for reference figures to the notes following the chart; the second column, marked (2), is the age column, wherein is shown whether the conditions of alienation apply to adults, indicated by "A", to minors, "M", or to both classes, indicated by the use of "All"; the third column, marked (3), shows the character of the land, "H" indicating homestead, "S" indicating surplus, and "All" indicating the entire allotment; the other six columns are for indicating the quantum of blood to which a given proposition is applicable: , full-blood Indians; , three-fourths or more but less than full; , one-half or more but less than three-fourths; , less than half; , intermarried whites; , black freedmen.

        Say we have for examination a deed by an adult Cherokee freedman, executed June 4, 1905, conveying the surplus allotment; turn to the second page of the chart and in the third line from the top is found the following:

By allotteeUnconditionally3AS




and on the left of the section the dates, "4-12-04 to 4-26-06". It will thus appear that on June 4, 1905, (or any other time between the dates in the margin) an adult Cherokee freedman (also an intermarried white) could convey his surplus land; the "3" refers to the note which givesn an extract from the Act of Congress of April 21, 1904, which removed restrictions on this class of land. By observing the fourth line it will be seen that all other classes of adult citizens may have their restrictions removed by the Secretary of the Interior. It will be seen that at this time no provision is made for sale of homesteads, nor for sale by minors.

        Suppose a deed similar in all respects except being executed after July 27, 1908; look to the top line in the CONTINUATION CHART, which is as follows.

By allotteeUnconditionally7AllAll



which indicates that such freedman could alienate, and not only so but a minor could alienate, both homestead and surplus, and that the same is true of intermarried whites and Indians of less than half blood; the "7" refers to the note giving the Act of 1908.

        Where a subdivision within a time period has more than two lines, the lines are numbered for ease of reference.



INDEX OF CHARTS




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