The right of non-Indians to property in Indian territory evolved over time, leading up to the land runs. Here is a step-by-step explanation:
1. Prior to European colonization, Native American tribes held collective ownership of land. There was no concept of individual property ownership as understood in European systems.
2. With the arrival of European settlers, conflicts arose over land ownership. Treaties were negotiated between tribes and the U.S. government, often resulting in the ceding of tribal lands.
3. The U.S. government established reservations for Native American tribes, which were designated as their sovereign territories. Non-Indians generally did not have rights to property within these reservations.
4. However, as westward expansion continued, the U.S. government sought to open up additional lands for settlement.
5. The General Allotment Act of 1887, also known as the Dawes Act, aimed to break up tribal landholdings and encourage individual ownership among Native Americans. This act also allowed for the sale of surplus reservation lands to non-Indians.
6. Over time, through a combination of treaties, purchases, and allotment policies, non-Indians acquired rights to land in Indian territory.
7. The land runs, such as the Oklahoma Land Run of 1889, were significant events where non-Indians were allowed to claim land in previously designated Indian territories.
8. The land runs often resulted in the displacement of Native Americans from their ancestral lands and the further encroachment of non-Indian settlers.
9. The right of non-Indians to property in Indian territory continued to be shaped by federal policies and legal developments, leading to the eventual establishment of individual ownership and private property rights in these areas.
Overall, the right of non-Indians to property in Indian territory evolved through treaties, acts, land purchases, and settlement events like the land runs, often resulting in the displacement of Native Americans and the establishment of individual ownership rights for non-Indians.