The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1874-12-11


longer any dependent nation or tribe, and
those who composed the previous Indian
community are merged into the mass II
population aud become subject 10 the iuris-
diction Of the United States. They are then
liable TO taxation, and are to be counted In
the enumeration for representation.
Thus the Department arrived at the con-
clusion that when an Indian tribe Is dis
solved aud its tribal relations ended, with
the consent Of the United States, either by
treaty or legislative enactment, the members
Of such tribe become ipso facfo citizens Of
the United States, and entitled 10 all the
privileges and immunitics belonging to other
citizens, The attention Of the Department
was again called 10 this subject February %,
1874, when the following question was pre-.
sented for consideration:
In the absence Of Congressional legislation
or treaty provision specially authorizing II,
can an Indian. by mere act Of voluntary
abandoning his tribal relations and ceasing
10 claim or exercise any Of the special priv.
ileges, immunities, or exemptions incident
! to such political condition, and by adopt
ing the habits and customs Of civilized life,
become, without further action on his part,
q citizen 81 the United States?
To this inquiry the Department answered
that an Indian can not voluntarily dissolve
his relation with his tribe, aud thereby he
come citizen Of the United States; that
I
relation must he dissolved by the tribe a. a
tribe, and that, too, with the consent Of the
general Government, as shown by treaty or
act Of Congress.
Reviewing these opinions, I feel assured
OF their correctness. II was, in my iudg.
ment inconsistent with sound Law, rs well
as with public policy, to permit an iudividu-
al Indian, by voluntarily Withdrawing from
bis tribe, to become citizen without some
act Of the Government recognizing his
citizenship.
Under these circumstances, and In view Of
| the importance of this subject, | deem ID
proper to invite the attention Of Congress to
the recommendation Of the Commissioner Of
the General Land Office, in favor Of legis-
lation In behalf Of Indians who desire to
withdraw from their former associations, be-
come citizens Of the United States, and
avail themselves Of the benefit OF the home
stead laws.
A common ownership Of property Is the
nominal condition Of the Indian race, and
with IL are found nomadic habits totally in
consistent with the idea Of permanent habi-
tations, individual ownership, and domestic
industry. The work Of civilization can
never be completed until these habits are
abandoned. Every proper inducenent ought,
| therefore, to be offered the Indian which will
prompt him TO in Individual ownership Of prop
erty, and such habits Of industry and econ
omy as are incident to our civilization.
| Our homestead laws require residence and
cultivation for Eve years before the appli-
cant becomes entitled to a patent for his
land. These five years afford considerable
| guarantee that no one will apply TO make
homestead entries unless he possesses the |
qualities essential TO citizenship.
Should IL he suggested that the extension /
Of this privilege to Indians would furnish /
| inducements to spectators TO use them in |
/ nj tiles n pubIic lands / Would ]
reply that this danger can be prevented by !
providing that the patent TO be issued shall |
contain u clause rendering the title inalien- |
able, except by consent OF the President. |
This would secure ample security against the |
abuse of this privilege, as well as necessary |
protection against improvident sales without !
adequate consideration.
An extension to the Indians Of the bene- !
fits Of the homestead laws, under the safe
guards mentioned, and such others as the |
wisdom Of Congress may suggest, will great /
ly facilitate the work Of their civilization. /
II will rapidly break up tribal organizations
and Indian communities; IL will bring ln-
dians into subsection TO our laws, civil and
criminal; IL will induce them TO abandon
rowing habits; and teach them the benefits
Of industry and individual ownership, and
thus prove highly advantageous in promot-
ing their prosperity.
GENERAL LEGISLATION REQUIRED.
49,,
Inc eonuiuon OF the ihdian population Is
raj Government underlined. This is the re-
suit of necessity, but the time has arrived
when, IN the progress of events, il should be
remedied. II may not be possible, at pres
ent, to devise a system Of laws which shall
pefiecuy uehne the reiatiohs between IN
dians and the Government, or that VIII cure
an the aeiects now ensuing ior want OF isgis-
iation' ont u is possible 70 remedy many e1-
isung eviis, ana thus facilitate the WORK We
have undertaken. 49,.
Inc ac, oil June 81, 1854, to regulate
ua,e anu intercourse WIN ihniah uioes,
anu preserve peace on the irontiers, u the
only genera law unoef when ,nulai ahairs
nave peeh conuue'eu. Inc provisions OF
.nIs NC. a'e sn,lrSl! ihsusqua,e 70 NEE, .ne
present requirements OF the service, anu the
experience OF the past mas SHOWN mat they
are s ho' sun'eleh' lor INC protection OF me
I"a,ani ~ mas peen neiu 10, example, oy
y ietftoriai Juuge, una, ne mas no power
LOT want Oh Jurisuieton, 10 Try anu puhish
ah Ino,ah VINO nas hluruereu one OF ms own
race, ailhomgh the crime was committed IN
ms own uistic' ana OUTSIDE OF an indian
reservation. Ne omcer OF me Government
mas authority TO punish INDIANS Tor crimes !
cominiteu on an iho,ah reservation ihere
y no law ehIoreing sDeuienee 70 'ne inlunc-
uohs or compliance WIN the requirements
OF an agent, ana hence ne Is, 10 great ex-
tent, po"sriess, unless aided oy military an,
,hority: Depredaions are daily committed
Dy wnite men upon INDIANS on their reser-
yauons, ana the only punishment mat can
oe lnnlc'eo eAP"'sioh IRON 'he ihdian
In many instances We have tre..v stipuIa.
tons requiring annulties oil cash and prop
eriy to De paid to Indians per capita. In
some eases, tne only evidence OF such pay