The Osceola times., 1880-01-10
pappooses In the Courts,
n Y n.nes

first glance does not reveal why In.
dilus have not already been made citi-
zcns 10y operation OF the Fourteenth
Amendment. II says. "All persons born
or naturalized in the United States, and
subject to the jurisdiction thereof" Are
not Indians born within the United
States? Yes. Aud are they not subject
to itS luri-dictlun1 In q sense, yes; but
not so judge in eases thus far heard
have said, ia the sense intended. Soon
after the amendment a hali-breod Indian
in Oregon offered to vote, for he
said he was born in the United States,
anl 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 jurisdiction. The amendment, he
SAID. was no, meant TO introduce any
new ideas of citizenship, but 10 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 decis-
ION 10 become citizens.
IL is we'll understood that through the
history of the country in the years pre-
ceding the amendment the Government
has dealt with the Indians rs tribes, not
as individuals. The tribes have been
deemed domestic, dependant nations.
Government has made treaties with
with them and exercised some limited
government over them. But each indi-
vidual member of tribe has been con-
- 4 .stf1s y,f ttsilN nt nF IN
United States. Therefore the pappooses
were not citizens, beca'lse they were not
born within the allegiance of the United
States. They were likened to cmbassa-
dor's babies, who were esteemed all
over the world subjects or citizens of
the nation to which their father belongs,
not of the country where they happen
to be born. And they could not be nat
uralized whenthey grew up because they
were not white persons, to whom the
old naturalization laws were confined.
One or two years ago one Reynolds
was indicted for killing one Puryear and
objected that the court had no power TO
try him, for him and Puryear were both
Indians: not by birth and blood, to be
sure, but because they had both married
Choctaw squaws. There il, or was,
treaty TO the effect that whoever mar
ries a squaw and is adopted by the tribe
becomes a Choctaw. The United States
does not want him any more; the Choc-
taws may have him. His wife being
an Indian, he becomes what may be
termed an lndian-at-law. As the law
yers were all agreed that the court could
not try for q quarrel or homicide be-
tween too Indians, but must leave them
to the tribe, they investigated the par
entage of Mrs. Reynolds and Mrs. Pur-
wear; and they found that the supposed
Choctow grandparents ef Mrs. Puryear
were not members OF the tribe, but
dwrlt as citizens of the State of Missis-
sippi. The Judge then decided that
Mrs. Puryear was not an Indian, but n
citizen, for the reason that when men,
bers of tribe leave it and scatter them
selves to live rs individuals among the
people of State, they become subject
10 the jurisdiction of our government
the same rs citizens generally. His
marriage, therefore, did not make Mr..
Puryear Choctaw, or take him out OF
the protection of American Courts.
These decisions give promise of a
method of making the pappooscs cii-
zens. Many friends Of the Indian race
urge earnestly that the tribal method OF
dealing ought TO be abandoned, and the
members treated as individuals. IL this
course should be adopted even with one
tribe at time, if Government should
take the members of any tribe under its
jurisdiction a. persons, their children
would be born under the jurisdiction, as
well as in the territory, and would be
natural born citizens. The next genera
ton would be citizens by force Of the
Fourteenth Amendment.