New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-12-15
pApOOSES IN THE COURTS.


have not already been made citizens by oper-
alton of the Fourteenth Amendment. II says:
"All persons born or naturalized in the United
Estates and subject to the jurisdiction
"thereof.r Are not Indians born within
the United Statesi Ye. And are they
not subject to its jurisdiction 7 In
sense, yes; but not, at least so judges
in cases thus far heard have said,
in the sense intended. Soon after the
amendment a haf-brced Indian in Oregon
offered to vote, for he said he was born In
the United States: and he sued the inspectors
for refusing his ballot. But the Judge said
he did not consider that the amendment had
made any difference about Indians generally
The meaning is: All persons born In the
United States and born subject to its jurisdic-
ton. The amendment, he SAID was not meant
TO introduce any new ideas of citizenship
but to apply and enforce the old familiar rule
toward colored persons who Were born in the
country, and under the jurisdiction, yet were
forbidden by the bred Scott decision to be
citizens
Lis well understood that through the history
of the country in the years preceding the
amendment the Government has dealt with the
tribes have been deemed domestic dependent
nations. Government has made treaties with
them. and exercised some limited government
over them But each individual member oil
tribe has been considered Il subject OF the
tribe. not OF the United States. Therefore the
papooses were not citizens, because they were
not born within the allegiance of the United
States. They were likened to Ambassadors
babies, who are esteemed, all over the world,
subjects or citizens of the nation tn which
their father belongs, not of the country where
thcy bappcn 10 be born. And they could not
he naturaliZed when they grew up, because
they were not white PERSONS" to whom the
old naturalization laws were confined
Ore or two years ago one Reynolds was in
dicteG for killing Puiyear, and objected that
the court had no power to try him, Tor he
and Pnryear were both Irdlans; not by blood
and birth, to bc sure, but because they had
both married Choctaw squaws. There is, or
was, treaty to the effect that whoever mar
lies n squaw and Is adopted by the tribe be-
comes a ChOctaw. The United States does not
want him any more the ChOctaws may have
him. His wife being an Indian, he becomes
what may be termed an lndian-in-law. As the
lawyers were all agreed that the court could
not Try for a quarrel or homicide between two
Indians, but must leave them to the tribe.
they investigated the parentage OF Mrs. Rey-
nolds and Mrs. Puryear. And they found
that the supposed ChOctaw grandparents of
Mrs. Puryear were not members Of the tribe,
but dwelt as citizens of the State Of Missls-
sippi. The Judge then decided that Mrs.
Puryear was not an Ind an, but citizen,
for the reason that when members OF a
tribe leave it and scatter themselves TO
live rs individuals amO e the people of
n State they become subject 90 the juris-
diction of our Government the same as cit
liens generally. HIS marriage therefore did
not make Mr.. Puryear IA Choctaw, or take
him out of the protection of American courts.
These decisions give promise o. direct
method Of making the papooses citizens.
Many friends OF the Indian race urge ear
nestly that the tribal method of dealing ought
TO be abandoned, and the members treated as
individuals If this course should be adopted,
even with one tribe ut a time; if Govern
ment should take the members of any tribe
under its jurisdiction as persons, their chill
dren would be born under the jurisdiction as
well as in the territory, and would be natural
born citizens. The next generation would be
citizens by force Of the Fourteenth Amend
ment.