Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1875-04-29
COMMISSIONER BURDETT.

of the departments at Washington,
we have failed to read its history.
If a citation is needed to qualify
the assertion, we point to the recent
decision of Commissioner Burdett,
of the United States General Land
Office, on the application of one
Bishop. a Piute indian, who re-
Gently applied to Register Mccall
lum, of the Local Land Office, at
Independence, California, to file a
presumption on a tract OF Govern
ment land. Register McCallum re-
fused the application, on the
ground that Bishop is Piute
Indian, and cannot, of his own
accord, dissolve his tribal relations
but before he can become citizen
of the United States, within the
meaning and intent of the law, his
relations to the tribe must be dis
solved by legislative enactment,
or " by treaty with the tribe y of
which he was once a member. The
attorneys of Bishop appealed from
this decision to Commissioner Bur
dett, of the General Land Office at
Washington, rightly deeming Nc
Callum ignorant of the latitude
given local land officers in deciding
upon presumption matters. The
case was so referred, when, 10 and
behold, Mr.. Burdett proves himself
the more consummate bullhead of
the two. This is his decision:
"Said Bishop makes affidavit
that he was formerly of the Piute
tribe of Indians, but has volun-
tarily dissolved all connection with
that tribe, and that it is bona fide
his intention to forego all claim to
share in any of its annuities or
benefits, and in good faith to per-
form the duties of citizen of the
United States. And he asks
through his attorneys that your
decision may be reversed.
81 am clearly of opinion that an
Indian cannot voluntarily absolve
his relations with the tribe, and
thereby become a citizen of the
United States.
"The tribal relations. must be
dissolved by the tribe, and that,
too, with the consent of the United
States, as shown by treaty or act of
Congress, before citizenship is
created.
"Your decision in this case is
affirmed"
Aside from the manifest inius-
tice, such a decision would infict
upon all Indians, of whatsoever
tribe, who really have desire to
throw aside and abandon their life
of Government-fed vagrant, and
adopt the mode of life adopted by
the whites-the decision of Com
missioner Burdett is in direct con-
fiict with a Congressional enact
ment, passed at the last session,
which provides that an Indian-no
matter of what tribe-MAY dissolve
his tribal relations, and by indivi-
dual declaration, sever all respon-
sible connection with his tribe.
The Territorial Enterprise" says
that, in addition to this right, the
Congressional act referred to also
allows an Indian so severing
his tribal relations, to draw his
Government annuities just the same
as though he still adhered to his
tribal alliance. We do not know
how this is, but presume it is the
case. If it is, it is going a little
too far with Government gracious
ness toward vagabond and bother
some proportion of its citizens.
But to virtually lock the door of
civilization, as this ruling does,
against the few Indians who may
now, or may hereafter, desire
to become peaceable and self
sustaining, would be committing a
blunder that ordinary common
sense would have avoided. Ever
since the management of Indian
affairs was first taken from the con-
troll of the War Department, the
whole series of experiments, look
ing to the mutual benefit of whites
and Indians, have been a list of
complete and disgraceful blunders,
but not in our recollection has
there ever been issued Depart
ment order evidencing so much
stupidity as the one referred to.
Commissioner Burdett " has writ