New-York tribune., 1870-12-15
ARE INDIANS CITIZENS :
REPORT OF THE SENATE JUDICIARY COMMITTEE
ON THE EFFECT OF THE FOURTEENTH AMEND
MENT on TIE INDIAN TRIBES.

On THE EFFECT OF TIE FOURTEENTH AMEND
MEST ON TIE INDIAN TRIBES.
WASHINGTON, Dec. 14.-1he Senate Com
nittee on the Judiciary, to-day, through Senator Car
peuter made report on the resolution adopted April
as instructing them to inquire into and report the
fleet Of the Fourteenth Amendment 10 the Constitution
upon the Indian tribes OF the country and whether by
he provision thereof the Indians not citizens " the
United States and whether thereby the various treaties
heretofore existing the United States and she
various Indian tribes are not annulIcd. .
amendment has effect whatever upOn the status of
Indian tribes within the limits Of the United states and
does rot annul the treaties previously made Tue Com,
niice qrote much Of the Amendment As is material
O. the question and argue al length to show that the
which they present ~ the relations which exist
between the Government and the Indian tribes,
respected the right Of the Indians to govern themselves
Instances OF the principle cited and the Commit
that Congress has regarded the lndian tribes as
ugect the municipal jurisdiction Of the United states
On the contrary, they have been treated uniformly
nations and IN that character have been hrd Responsible
crimes and Outages committed by their members
the Constitution treats the Indian tribes AZ belonging
the rank Of nations and capable of making treaties
n In evident that any act II Congress which should
sumo to treat the members VI tribe rs subject To- the
municipal jurisdiction " the United states would bd
uittee the Constitution, and the Treaties act Of Conf
gress and the judicial decisions referred TO, al
ali point TO the that ans their riba
condition have been subject to the jurisdiction OF
the United States In the IN which the term "JuTis
diction" employed In the Fourteenth Amendment To
the Constitution. The Government has asserted poiti-
cal supremacy the Indians, and the ucdtlcs and
laws uphold these tribes as domestic aud independent
tous separated from the states Of the unon within
whose limits they located and exempt rUn the Oer-
a0n laws aud not otherwise subject To the con
rO Of the United states than Is consistent with their
character as separate political c9nmuniues OK states, states
Their night of seltgUytrDnent and W administer Justice
among themse after their rude fashion even TO che
extent iuhcting the death penalty, has never been
questioned; and, while the United States have provided
by law for the punishment of crimes committed
a.rtFt fran
United by Indians upon the whites la"Iuly "ihh the
reservation, the Government has carefully sDsIained
from the punishment OF crimes committed ny one lh-
dian against another In the Indian country Whenever
Wc have dealt with them in their collective capacity as
a trlb. and not with their individual member, except
t1 WL,cL they belonged We have asserted such
jurisdiction a. every nation exercises where the
Subject OF another indf pendent sovereign nation
rut r. ito territory and yIOates It's laws During the
war slavery had been abolished and the former slaves
lad become citizens Of the United ates.consequenuy,
In determining the basis OF Representations in the Four
Id. r,nftrd mi tl,e caIs.. "exclndny Indians not
taxed" retained the inference II Irresistible that the
tain, of the former slaves which had been xn cted
~, min. ,..no,tzes no
status of the Indians. Tue Ihdans were excluded gc-
r.nlse the, were lot citlzens.
Tor thcsc r,a,or the Committee do not hesitate
Say that 20 IiDal tiib within the lint cf The liteG
states and individual members ui the several trD-s,
Nhy the! a!Eere to and form part "f the tribes 10
when tA,5 b.ou-, are not, wii.hn tne ncuhS 81 nc
Fuuitrrutn Amendment. rIDlrct II the jurisdiction
uf the United stalrs and, therefore, that Tue Ia.
diane have hot become cilLens u Tue United
states by virtue of that Amendment. Tie Committee
ray that, II they correct IN this 'OiH!u-
IL fhlows tnat the treaties herrtoorr made be-
tween TIE tuItrd states and the Indian tlhts pre- not
.nnulod by t1t amendment In conciusi"n, the Com
nttce cay is pcrunut rcmark that lreLy relations
can properly exist only with Indians as tribes Or nations.
.nd t when ihe einbers VI tribe are scattered thty
mcrscd Ia hc mass of our people and beome equally
rul-tt TO the Jurisdiction cf te UnIicd Stgtrs IL r De-
eyrd that treaties have been concluded ana rati-
D,d with irasmrpi.ry ANA slsaggins bands OF iians,
ho hal h lost pctrnns to the tribal riaracte, ana
II b. night aGIush the Treaty -inaElg power IL
use greater eifcumspectiVn hereafter.