The Gold Rush brought tens of thousands of prospectors to mine the mineral wealth of the land. Federal laws, such as the First Organic Act in 1884, sought to protect Native lands, but also left undefined exactly what lands were Native. The U.S. government only recognized individual land ownership. But traditional Alaskan Native communities did not have individual land ownership. Land was owned by groups, such as a village, family, or clan. The U.S. government did not legally recognize these Alaskan Native tribal governments or lands. This left a situation where there was no established Native land ownership either as a group or as individuals.
On this and the following page, we are going to look at two letters that illustrate the undefined state of what lands were Native owned and how those questions were possibly resolved. Both letters were written by the governor of Alaska at the time, James Sheakly. As you read the two letters consider the ambiguities in how exactly Native lands are defined and protected, and in whose interest you think these questions were normally resolved.
The following letter was sent by the Territorial Governor of Alaska, James Sheakly, to respond to a complaint from the Alaskan Natives of Sumdum District (south of Juneau) about violation of their land rights.
February 23, 1897
The Indians of Sundum District, Alaska have appeared at my office in Sitka, and made complaint that certain white men are encroaching upon their rights, and endeavoring to deprive them of their property consisting of houses and lands in that district now occupied by the said Indians, and which has been so occupied by them and their forefathers for many years.
Now be it known that the Act of Congress, May 17th, 1884 [First Organic Act] specially provides, "That the Indians or other persons in said District, shall not be disturbed in the possession of any lands actually occupied, used or claimed by them".
No white man can take lands, houses, or other property belonging to or occupied by the Indians or claimed by them, without compensation and full consent of the Indians themselves....
....The policy of the Government is to protect the Indians in all their rights and possessions.
James Sheakly
Governor of Alaska