, 1870-12-19
ARE INDIANS CITIZENS I

Report OF the Ncnaso Judiciary Conn
xxatttec on the Effect OF tho Four
tcenth Amendment on Ihc Indian
Tribes.
Ha'h'"sf'" t0es II? 2st:gsfeh 70 the .s' YORK
The Senate Committee on tho judiciary, to-
day. through Senator Carpenter, made re-
port on the resolution adopted in April last,
instlucting them to inquire into and report
the effect OF tbs Fourteenth Amendment to
the Constitution upon the Indian tribes OF the
country. and whether, BY The provision :herc-
Of, the indians tre not citizens Of the United
States, and wbethnr, thereby, the various
tFeAues betetofo1e exciting between the
are not annulled-
TIE committee EaF, in their opinion, the
Fourteenth Amendment l2s no eject what
ever upon the statta OF Indian tribas within
the limits of the United Statss, and does not
Al nul the treaties previously nude The com:
msterikl to the question, and argue At length
to thow that the legislaton OF Congress ia
based upon tie sanae view which they present
Of the relations which exist between the gov
eminent and the Indian ttibas, making It
plain th.t Congress % has uniformly respected sa
selves. Instances Of the principle arc cited.
and tho committee say that. from perusal OF
these statutes. It is mAnifeet that Congress-
| has never regarded the 1ndian tribes as
eubiect to the municipal Jurisdiction OF the
Tniled States. On the contrary: they h.ye 70
that character have been held responsible for
! the crimes and ontragea committed by their
| members, even outeide OF their territorial
l lu,ite. And. inAsmuch ns tbs constitution
rank Of nations. and capable of making
treaties. it is evident that any act of Congress-
| which should assume to treat the members OF
tribe ~ subject 10 the municipal iusisdic-
tiou Of Tho United States would ba un:ou-
atitutiouaa and void. In the opinion 6t the
Treaties act of Congress. and the
| Judicial deciaions referred to, al
| speak this same language upon this eubt.ct,
and all point TO the conclusion that the In
disnr, in their tribal condition. haye never
been subject 10 the jurisdiction Of the
United States in the serse in which the tern,
jurisdiction is employ ed IN the Fourteenth
Amendment to the Constitution. The gov.
erument has asserted 4 political supremacy
over the 1ndians. and the treaties and lAwE
uphold these &Iibes a. domestic and inde'
pendent nations. separated from the ststee
Of the Union, within whose limits they M
located. and exempt from the operation al
Stntt laws, and not Otherwise subject to tht
control Of the United States than ia con
fistent With their character ~ separate poll
tical communities or States. Their night =. o
eelf-go7etnuenf, and to AdministeF 1nstlc'
among themselves after their rude fashion
even 10 the extent OF inflictin8 tho death pen
ally. has never been questioned; and, whi
tho United States have provided law for tn
punishment OF crimes committed BY Indian
struggling from their tribes, and crimes com
mitted by Indians upon the whites lawfull
within the RESERVATION, the government ha
carefully AbetAined from Attempting 70 reGu
late their domestic Afairs, and from the Pun
ish1ueut Of crimes committed by enc India
! | against another in the Indian country. Wher
| 4 .atr taf
| live capacity ~ tribe, and not With their in
diTidual members. except when such men
. | bers we're separated from the tribe to whic
. they belonged, We hare asserted enc
jurisdiction ~ every nation e1ercaseh whez
: the subject Of smother independent sovereig
!. Laws. During the war slAvery hAd bsen abo
!. isl,ed, and the former slaves had become cit
? zeps Of the United States; consequently,
determining the baeis OF representation in Il
Fourteenth Amendment. *sthree-ffths OF !
z other pereonh" =" is wholly omitted. hnt Il
4 tanned. tne inference is Irresistible that t!
u eyncndment WAS intended to recognize 4
change in tbs statue Of tho former slav
which had been effected during the war, Viii
Il it recognized no change in the stttus OF I
N / Irdians. The Indians were excluded becau
y they we're not citizens.
Sd For these REASONS, the committee do =
hesitate to ray that the 1ndian tribes Will
the limit OF tho United States. and the 10
n. vioual mt1nbers Of the eevaral tribes, WI
o. they adhere to and form part OF tho trit
81 to which they belopg, are pot, within
bJ meaning Of the Fourteenth Amendment, a
M | iect to tire Jurisdiction OF the Uniscd Sat
he sLd, therefore, that the indians have not
u ccme citizens Of the United States By vir
nm Ct that amendment. The. committee
In thAt, II they arc correct in this conc
I'd tiLn, 1t follows that the treaties he
ST. tofora nade between the Uni
,ut States and the Indian tribes are
ck spnu1led by that amendment In conclusi
~ The committee tay 1t is pertinent 10 rem
that treaty relations eau properly exist q
with Indians rs tribes or nations, and
.. when tho membfEs of \ tribe are ecattt
~ they are merged into them msss Of our pen
sEd become equally subject to the 1u1isdic
cst t.t The Enited Sta,es. Itis beloved that 81
de- treaties have been concluded and ratified '
ftsgmeutar5 and struggling bands OF Ipaf,
ses. Who had Ill lost p1etensions to the t1lbsl c
~ ips actes, and thus ii is right to admoniAh
ne. treaty making power to use greater circ
I'd epectiop hereafter.