The Lake County star. [volume] (Chase, Mich.) 1873-current, 1874-12-10

nestle subjects" but certainly they are not
the sovereign constituent ingredients of
the Government" This principal has sew
eral times been recognized by the Courts.
When tribal relations have been dissolved
with the consent of the United States, by
treaty or legislative enactment, there is no
longer any dependent nation or tribe, and
those who composed the previous Indian
community are merged into the mass OF
population and become subject to the juris-
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 and its tribal relations ended, with
the consent of the United States, either by
treaty or legislative enactment, the members
of such tribe become ipso fdcto citizens Of
the United States, and entitled to all the
privileges and immunities belongipg TO other
Citizens. The attention of the Department
was again called to this subject February 20,
1874, when the following question was pre-
sented for consideration:
In the absence OF Congressional legislation
or treaty provision specially authorizing 1t,
can an Indian. by mere act of voluntary
abandoning his tribal relations and ceasing
to 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,
citizen of the United States?
To this inquiry the Department answered
that an Indian can not voluntarily dissolve
his relation with his tribe, and thereby be-
come citizen of the United States; that
before citizenship can be created the tribal
relation must be dissolved by the tribe as a
tribe, and that, too, with the consent of the
general Government, as shown by treaty or
act of Congress.
Reviewing these opinions, / feel assured
of their correctness. 1t was, in my judg.
ment inconsistent with sound law, as well
as with public policy, TO permit an individu-
al Indian, by voluntarily Withdrawing from
his 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, l deem il
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 inducement ought,
therefore, to be offered the Indian which will
prompt him to 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 five 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 1t be suggested that the extension
of this privilege to Indians would furnish
inducements to spectators to use them in
acquiring titles to our public lands. / would
reply that this danger can be prevented by
providing that the patent to be issued shall
contain 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 imprOvidcnt 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
1t will rapidly break up tribal organizations
and Indian communities; it will bring In
dians into subsection to our laws, civil and
criminal; 1t 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 IEGIsI. ALTON RroUIRrD.
The condition of the Indian population il
anomalous, and their relations to the Gene
raj Government underlined. This is the re
suit of necessity, but the time has arrived
when, in the progress of events, 1t should b.
remedied. 1t may not he possible, at pres
ent, to devise a system of laws which shall
perfectly define the relations between In
dams and the Government, or that will cur'
all the defects now existing for want of legis
lation, but il is possible to remedy many ex
isting evils, and thus facilitate the work W,
have undertaken.
The act of June 80, 1864, "to regulate
trade and intercourse with Indian tribes
and preserve peace on the frontiers" is tn,
only general law under which Indian affair
have been conducted. The provisions o
this act are entirely inadequate to meet tn
present requirements of the service, and tn
experience of the past has shown that the,
are not sufficient for the protection of tn
Indian. 1t has been held, for example, b,
Territorial Judge, that he has no power
for want of jurisdiction, to try and punisl
an Indian who has murdered one of his owl
race, although the crime was committed II
his own district and outside of an Indiar
reservation. Ne officer of the Government
has authority to punish Indians for crime
committed on an Indian reservation. Their
is no law enforcing obedience to the injunc
tons or compliance with the requirement
of an agent, and hence he is, to great ex
tent, powerless, unless aided by military au
thority. Depredations are daily committe,
by white men upon Indians on their reser
vations, and the only punishment that cal
be inflicted is expulsion from the IndiaI
country.
In many instances we have treaty stipula
tons requiring annuities of cash and prop
erty to be paid to Indians per capita. IL
some cases, the only evidence of such pay
ments consists of receipts given by tn,
Chiefs of the tribes. The improvidence ant
want of intelligence which characterize
most Indians entitled to such annuities
render these payments not merely useless
but absolutely Improbable, nay, even de
moralizhg. On receipt of money or goods
the unciviIized Indian hastcns to dispose o
his portion for toy, a trihe, or, what ma,
be worse, spirituous liquors, which render
him troublesome and dangerous. In view
of these and other examples which could b,
given, early legislation to remedy such de
fects in the existing laws is absolutely nee
essary, and the attention of Congress is sc
riously and earnestly invited to the consid
Grafton of this subject.
The work of civilization will be greatly
accelerated by enactmcnts which shall defin,
as far as possible the relations between THU
race and the Government; which shall fur
nish authority for enforcing the orders ant
acquisitions Of agents; which shall be suffi
cient TO punish Indians for crimes agaiDs
each other and against white people, schere
trer committed, a6d which shall also infic
adequate punishment upon white people
who trcsspass upon territory belonging to In
dams or commit crimes against them.
INDIAN CITIZENSHIP.
The time has arrived when some genera
law regulating Indian citizenship is, in m!
| Judgment, indispensable. Occasionally
treaty stipulations with Indian tribes ar
expiring, among whom is found a greater o