How did Oklahoma become a State

The state of Oklahoma is unique among US states in that it was intended to be, at least wide areas of it, a home for Native Americans who were moved there as the United States expanded and people moved into areas that once had Native Americans. However, over time, Oklahoma began to also emerge as a state with settlers who moved in from neighboring regions.

The Emergence of Oklahoma

Oklahoma was part of the Louisiana Purchase of 1803 that greatly expanded the area of the United States (Figure 1). The region was settled by a variety of Native American populations, including the Caddoans, Siouans, and Athapascans (mainly Plains Apache). The region was also raided and used as a hunting ground by Kiowa, Comanche, and Arapaho populations. This mostly continued through the 18th century and into the early 19th century. Things began to change by the 1830s when the growing United States focused on policies of forced Native American removals from the eastern United States. This was a policy started by the 1830 Indian Removal Act under Andrew Jackson's strong support for this act. Initially, since the time of George Washington, US government policy towards native populations had been attempts to gradually assimilate Native Americans through the teaching of English, conversion to Christianity, and adoption of European styles and dress. However, this also led to resistance and Andrew Jackson, as he became the 7th US president, began to see the need for a new policy focused on removal of indigenous groups.

While the United States recognized the region around Oklahoma as Indian Territory or Indian Country, in the 1830s Indian Territory was much larger than Oklahoma, with wide territories west of the Mississippi river designated as part of Indian Territory. However, that land gradually was reduced over time as the northern regions became settled. Originally, Indian Country was a place envisioned to be the home of indigenous populations, a place to separate the Native Americans from settlers. However, the value and interest in land to the north reduced the area for Native Americans. Some of the early tribes that were moved were composed of Cherokee, Creek, Seminole, Chickasaw, and Choctaw, who became the so-called Five Civilized Tribes. The Alabama natives were also included over time. This policy continued into the Civil War era. Most of the tribes relocated were from southern states, as these states were the most vocal supporters of the Act that Jackson signed. There was opposition from northern states, but Jackson saw this as hypocritical given that Native Americans by then had been largely removed or integrated into life in the northern states. Perhaps the most well documented forced removal was the Cherokee Nation removal in 1838, triggered by the discovery of gold in Georgia, what became known as the Trail of Tears, but overall more than 60,000 total Native Americans were forcibly removed across the southern states. The removal and relocation of what were called the Five Civilized Tribes, who mainly practiced agriculture, led to a new economy in the territory of Oklahoma, that included cotton plantations. This, along with the fact that many tribes also owned black slaves, increasingly led these tribes to have greater connections to southern states and that led many of the tribes to side with the South in the Civil War. For a time before the Civil War, the region was prosperous. However, there was no clear agreement on which side to join in the Civil War among the tribes and there were divisions. Most of the tribes did side with the South. Eventually, after the war, the Union decided to divide Indian Territory, losing much of the territory as punishment for joining the South.

Figure 1. Oklahoma was part of Indian Territory or what was also known as Indian Country.

The Establishment of the State

After losing land, the Indian Territory began to form into Oklahoma. The Dawes Severalty Act (General Allotment Act) of 1887 became the next major law affecting Native Americans in Oklahoma. This effectively removed tribal ownership on land to that of individuals, while also creating a pathway to citizenship for Native Americans. This, in the end, also meant that the main tribes, particularly the Five Tribes, lost about twenty-seven million acres of land as it was redistributed to individuals. The next big change came with the Land Run of April 22, 1889, which led to an influx of settlers claiming areas not occupied by individuals or tribes. In 1889, there was a dispute over what became Oklahoma's panhandle, between settlers and Native Americans, leading to a judge calling this area "No Man's Land," leaving out of the Oklahoma territory (Figure 2). In the 1890s, further migration changed the territory around Oklahoma into a more mixed Native American and non-indigenous and white populations. This is the time when the nickname for migrants to Oklahoma emerged, the Sooners, as lands designated for settlement were sometimes already staked before the land became officially opened for settlement. Effectively, people cheated to obtain land before it was officially opened. The railroad in this time also began to run through the state, make it also valuable land for the companies that owned the railroads and tracks. The railroad encouraged more migration as well into the region. During this time, lawless actions and tensions between settlers and Native Americans increased. As settlers began to move in great numbers, and the Native Americans in the area having not recovered from internal conflict and population decline from the Civil War, power hand now clearly shifted towards white settlers. The Curtis Act of 1898 then was passed and that formally dissolved tribal governments, which had effectively ruled areas of Oklahoma, and cancelled reservation status and removed tribal schools and local government institutions. This now created the pathway for the state of Oklahoma to emerge out of what was once Indian Territory. There were attempts by the tribes in Oklahoma to create a state called the State of Sequoyah, but this was rejected. By 1906, the white settlers had mostly power in the territory and they pushed for statehood under the Oklahoma Enabling Act, which then granted statehood to the territory in 1907 and making Oklahoma the 46th state. By then, oil had been discovered and new settlers were arriving into the territory.

Figure 2. The land that became Oklahoma was divided into zones by the late 1880s.

Recent History

In recent Supreme Court ruling in July 2020 now has, once again since the early 1890s, has effectively given some greater sovereignty back to Oklahoma native groups. The Five Tribes of the 19th century received a favorable result that gives the jurisdiction to prosecute criminal cases against Native Americans living in eastern Oklahoma. The ruling states that Natives cannot be prosecuted by state or local law enforcement and have to face tribal or federal courts. However, this is likely to have further implications outside of just the courts. This may also have implication on taxes and other government functions, even putting into question of eastern Oklahoma should effectively be returned as areas administered by the Five Tribes. This includes the state capital Tulsa. More likely, however, it may simply open up a different system of governing for eastern Oklahoma's Native American eastern regions, but non-Native Americans who live in the area are likely to still be subject to state and local law.

Summary

The creation of Oklahoma emerged in the early days based on decisions to force Native Americans, mostly from the southern United States, to the area that became Oklahoma. Changes in the borders of Indian Territory and settlement gradually led to the emergence of Oklahoma territory after the Civil War. The state was declared in 1907, but by then Native Americans lost political power in the state. The recent Supreme Court ruling may, however, put some of that power in the hands of Native Americans in eastern Oklahoma, although it is likely to be limited.