Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1884-12-11
Indian Citizenship.

Globe Democrat.
The Supreme Court of the Unit
ed States recently delivered a de-
cision on the right &C an Indian
TO vote, in which the law, though
it may be. sound enough, is laid
down H. such a manner as NAV
well cause some mystifcatiOn on
the part of the unlearned and
straightforward lay member of
society. An Indian living in Ne
braska had brought suit in which
the point atissue was whether. un-
der the fourteenth and fifteenth
amendment, he had the right TO
register and vote at Omaha, where
he resided, the same as any other
citizen. The decision saws:
"An Indian who is born a men,
Der Ofone Of the Indian tribes within
the United States, which still ex-
lists and is recognized as a tribe bv
the Government, and who has vol
unfairly separated himself from
his tribe and taken up his resi-
dence among the white citizens of
a State, but who has not been nat
uralized or taxed, or recognized as
a citizen, either by the United
States or Dy the State, is not n citi-
zer of the United States within the
meaning of the first section of the
fourteenth amendment"
The fourteenth amendment de-
fines as citizens "all persons born
or naturalized in the United States
and subject to the jurisdiction
thereof. This is n sweeping.
general definition that would seem
TO allow of no exceptions. 1t would
appear hard under it to DENY,
even to an unciviliZed Indian,
who contented himself with a fixed
habitation for the requisite length
of-time, the the right to vote. when
the fourteenth amendment Is fol-
lowed by the fifteenth, which SAYS:
"the right of citizens of the United
States TO vote shall not be abT; =
ed on account of race, color. or pre-
viOus condition of servitude," un-
less for some technical interpreta-
ton, sUcn as that they were not in
such circumstances as usually pre-
vail with other citizens '.undeI
the jurisdiction of the United
States" Even that would ap-
pear TO be n lame excuse in the light
of the practice of the Government
in considering them as wards
The law of April 9, 1S66-whici
was superseded by the fourteenth
amendment-excluded from citi
zenship Indians not taxed" +" o.
course a constitutional amendment
annuls a previous law in opposi'
tion to it.
Conceding the perfect legality
of denying the right to vote to
tribal and uncivilized Indians
could not in practice well be other
wise-it is difficult to see how on
Indian who becomes civilized and
settles among the whites, can be
so denied. OF all residents of the
country he has best complied with
the Requirement Of nativity, since
he belongs TO the very first, the
aboriginal families. And having
been born here it is absurd to ask
him TO comply with the other al
tentative and be naturalized, also.
The taxation is unnecessary, even
lift had not been expressly done
away with by the passage Of the
fourteenth amendment. The phrase
mot recognized rs n citizen" is 3
begging OF the question, for it j:
the very point under discussion,
The Indian seems t. have par.
ticularly hard time in becoming 4
citizen, since having complied
WITH all requirements, and finally
bringing suit for recognition q
such. he Is denied-because he ha:
mt been recag lied as a citizen
There Seems u be something wrOn.
anoHt the matter, somewhere
when sgeh r-i1 ea ahe rirg
Is selemnly pat tort- as i-w. Is b
q pleasure % SNOW that Two ius
tires ftAe supreme Cc-lIt dissent
ed frola il- aItni9a O. tlle major
i'y.