Running head: DOCUMENT ANALYSIS 1

Document Analysis of the 1857 Gradual Civilization Act

By

Institution
DOCUMENT ANALYSIS 2

Document Analysis of the 1857 Gradual Civilization Act

British North America experienced many constitutional reforms in the periods of

1840s and 1850s. One of the major developments was the devolution of power in the colonial

states, which tried to rid the colonies of the many expenses and responsibilities of the British

Empire (Canadian History, 2019). The governor also decided to manage the cost of

administering the province by selling lands belonging to the local Indians or Aborigines in

Canada to private individuals (Canadian History, 2019). This brought a lot of tension with the

Indian population and led to a lot of misunderstanding. In 1857, the British Empire shifted

the authority to deal with Indian affairs from London to the Province of Canada, and a result

was the formation of social, political, and economic means with which to assimilate the

Aborigine population (Canadian History, 2019). The province passed an act that highlighted

how an Indian could apply to be a citizen and the benefits that come with the new status.

In 1857, the 5th parliament of the Province of Canada passed the Gradual Civilization

Act whose main mandate was to assimilate the Indians through a couple of means. First of all

the Act underlined the meanings of what entails being an Indian, meaning a person of the

Aborigine tribe living in the ancestral or land surrendered to the imperial powers (Leslie,

2002). The term ‘enfranchised Indian’ was to be referred to individuals who have been

assimilated into the empire and would no longer be referred to as Indians. For a male Indian

to acquire citizenship, he would have to be at least 21 years of age and can read, write, and

speak French or English fluently (Caid, 2011). Meeting these qualifications was considered

the elementary aspects of acquiring citizenship.

Additionally, the individual seeking citizenship had to well advanced in the basic

matters of education and had to prove and exercise good moral characters (Caid, 2011). The

Section III also states that such person had to be free from debt to be considered for

enfranchisement. For individuals who were unable to read or write fluent English or French,
DOCUMENT ANALYSIS 3

and has not met the basic educational requirements, they could obtain enfranchisement if they

showed to be industrious, sober, free from any debt, and had high levels of intelligence that

meant they could manage their own affairs sufficiently (Leslie, 2002). The Indians had to

write to the Governor of the province of Canada in writing to seek for enfranchisement, and

upon approval, had to undergo a probation of 3 years upon which they would be approved to

be citizens upon satisfying the requirements of the Commissioners (Caid, 2011). The names

of such individuals would be published in the Official Gazette of the Province of Canada.

The Section V of the Act states that the Indians who would apply for citizenship

would provide a name or surname with which they would prefer for reference (Caid, 2011).

Any Indian falsely representing himself as enfranchised was punishable by law through a jail

term not exceeding six months (Leslie, 2002). The benefits that came with enfranchisement

was the individual was to receive land of a maximum size of 50 acres from the lands of his

tribe or that reserved by the Crown (Caid, 2011). The individual would also receive a sum of

money every year from the annual allotment of the annuity set aside for the tribe. These

benefits were to be passed to the widow or descendants of the enfranchised Indian upon his

death since all members of his family were also considered enfranchised.

An enfranchised Indian could lose his status and the benefits that come with it if he

remarries, especially to a woman from a non-enfranchised family. The widow of the man can

keep the land and the benefits to herself until she remarries, which means the land goes back

to the Crown (Leslie, 2002). Additionally, if the family does not leave an heir to the land, it is

automatically transferred back to the authorities of the Province of Canada. When the land is

left to an orphan under the age of 21 years, the Superintendent General of the Indians would

act as the caretaker of the land until the child attains the minimum age of 21 years to have the

land (Caid, 2011). This also applies to all the benefits and proceeds from that land, and all

individuals allocated parcels of land under enfranchisement had also to pay taxes.
DOCUMENT ANALYSIS 4

References

Caid. (2011). Gradual Civilization Act, 1857. Retrieved from:

http://caid.ca/GraCivAct1857.pdf.

Canadian History. (2019). The Gradual Civilization Act. Retrieved from:

https://canadianhistory.ca/natives/native-activism/1850s-1914/gradual-civilization-

act.

Leslie, J. F. (2002). Indian Act: A historical perspective. Canadian Parliamentary

Review, 25(2), 23-27.