The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-29
THE RED MEN AS CITIZENS.
The Ottawa and Chippewa Indians Tribally
DissOlved-rhey Can Vote Under the Four
tcenth Amendment.

Tho Ottawa and Chippewa Indians Tribally
Dissolved they Can Vote Under the Four
tceuth Amendment.
WASHINGTON, March g. 1872.
The Secretary OF the Interior has written deci
sion addressed to the Comm issloner Of Indian
Anairs touching the status OF the Ottawa and
Chippewa Indians and their right under Inc treaty
OF July 81, 1866
Commissioner Walker has stated that under the
treaty provision allowing Indians 10 purchase
lands additional to their individual selections q
large amount has been entered, but upon repre-
sensations that entries were made In the interests
OF white men they have been superseded by order
OF the Department; that since the ratification
and are heads Of families and without
legal homes. although some OF them have settled
upon and improved The lands selected by them with
a view OF acquiring title thereto as citizens; and
that all payments nave been made to the Indians
except the one due last tall, which viii be paid this
spring. The question IL submitted by the Commls.
sloner whether. upon such payment being made and
citizens OF United States and, as such entitled
TO make homestead entries. II they WILL then It Is
suggested that no further legislation Is necessary
The ltn article OF the treaty referred TO provides
that the tribal organization OF Ottawa and Chippewa
Indians except 30 lar as may be necessary to carry
out the provisions OF the agreement, Is dissolved
The Secretary that upon the full payment being
made tribal relations Will be terminated. As TO the
inquiry concerning the civil status OF indians after
all trioal relations dissolved'Are they citizens
OF the United States. and as such entitled TO a
In the public lands Y'-l think they are. The provi-
sions or the fourteenth amendment to the cOnsttu-
ton material 10 the question follows:-
"All persons born or naturaiized IN the
United states, and subject to the jurisdiction there
Of. are citlzens or the United states, and OF the
states wherein they reside. Representation shall
be apportioned among the several states according
10 their respective numbers, counting the whole
NUMBER of persons IN each state, excluding Indians
not Taxed" Tbese Indians were born In the United
states; tney therefore come within the FIRST pro-
vision above quoted provided they are subject to
the jurisdiction thereof. While tribal relations
exist they are not subject 10 the Jurisdiction Of
me United States" because they are domestic de.
pendent nations" This principle has been uni
iotmy recognized by the Courts Several cases here
noted as evidenced When the reason OF the
RUE ceases the RUE itself ceases. When the nation
AMY ceases then the consequences which have
sprung from such nationality cease. When frlDal
Ielatlons nave been dissolved with consent OF the
bnued States then IL no longer any dependent
natoI, anu tnose who composed 1t are merged IN
the mass oil the people oil the United states and sub
lect % us jurisdiction. They then become apIe 20
taxAuon ana are counted IN the enumerat for
representation. The fourteenth amendment ex-
taxed" that Is, those Indians and those only
who are legally liable to Taxation Tne
sgOrsrae loErE, III the case OF the Kansas Indians
dsasIted Jney we're not llaDe 10 taxation while Inc
Lr.nal relation was kept up. The reasoning of inc
Court mres b0aS gnen That relation Is enued they
snonld be connIeG IA the enumeration for repre-
sant,slon. MY e1nsi 1slon "a that, when an Indan
fr1be s daa0lveG ana all tribal relations with II
efdad.@f,ud hs IN done With consent or me United
staTas.--tnsu ne members OF such tribe become
3y1s igo cltizens o. ae United states, and as such
references ta ina suspended entries mentioned ny the
Commissioner rns secrssasy " OF the opinion That
All NAME ~ me ios4Tsss u tue white men should be
callcellsa.