Omaha daily bee., 1884-11-11
RED MEMS RIGHTS.
) Cursory Review of the Gre at Elk
indian Case Decided 10y the United
states supreme Cont.

y The case of John Eu.a winnebano
Indian against Charles wilkins iuogo
Of elections of Omaha, being suit Cor
damage in the suT. of $4,000 on SC.
count Of The reiu'al III Wilkins to acc1pt
the plaintiffs yotc-, just decided by the
Supreme court ft'le United States raised
very important question, whather an
Indian by abaRS oning hia tribal relations
for year srd living with--and like
white folks vIsdo him citizen Of The
United Safes under the fourteenth
eeendmeuc, which declares that "all
persons baJ or naturslisod in the United
States erld subject to the jurisdiction.
;hernofcre citizons Of tho Omitted States
and thu state whore they reside"
The case VS. originally aggued by
NIes sr. Poppleton and Webster for the
InCisn, and United States Attorney
Lpmoertson and y W. Simeral for the
defendant, on demurrer 20 plaintiff 8
petition. judges McCrary and Oundy
hell the demurrer well taken. The case
was submitted on briefs in the United
States supreme court, United Stctes At
'tcrney Llmsertson suhurittiug The brief
or defendant His contention WAS that
~.he fourteenth amendment did not
mean to extend citizenship to all per-
sons who happened to be borU on Amer
lean soi9, but only to those porsons who
we're born into the government of tho
United States, yielding allegiance to
its laws and institutions. The Indian
il born under the dominion of hin
triba and yieldsl allegiance to its tribal
head. He is no more born into the gov
ernm ent OF the United States than are
the children of foreign ambassadors, Or
alieals temporarily soj0urning here. 1t
wag also contended that the Indian was
not sub ect to the jurisdiction of the
United States in the sense of the four
teenth amendment. The Indians, onfy
in e qualified sense are subject to iuris-
dic6ion of the United States and amen
able to it's laws. Neither can they poi
unfairly sGbmit or subject themselves TO
it's laws go as to acquire citizenship in
the United States. The supreme court
adopted these views although Judge
Cooley, of Michigan, and the decisions
of three other courts took the other
view. The supreme court doubtless
thought that the Indians, as wards of the
government, under its fostering care, pro-
lection and guardianship were better OF
than they would be if they were clothed
with the rights of citizenship AS citi-
-szans they would have to stand on their
own feet just as other citizens. The su-
preme court doubtless thought that it
was not the intention of the trainers of
tie fourteenth amendment TO admit hall
civilized Indians, who knew nothing of
civil government laws and Institutions
mo citizenship, while intelligent and
educated foreigners must be residents of
the United States five years before they
Gun be naturalzed and become citizens
IL certainly would be Carrying the
principle of universal suffrage
to the verge of absurdity to permit the
untutored Indian to vote, while the cul-
gured and scholarly German and English
man is d;sfranchised, because he is not
familiar with the laws and institutions OF
, this country. 1t certainly requires great
faith in rtae robust virtues oG our western
people and the saving efficacy of republ-
can institutions to believe that in addi-
ton the natural elements of disorder the
Indian tribes can be taken iEtC ourciviliae
tion and government, and hapo conferred
on them both the elective franchise anG
citizenship Doubtless congress will be
influenced by this decision to gaadually
admit Irdians to citizenahip on termE
similar to those granted to other aliens