Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-02-02

Commissioner Morgan Discusses the Ques-
tion-Poor Lo Prom = Legal Point Of View.
One Of the difficult questions connected with
the management OF the Indians ia that which
involves their status. "What an Indian" 10
question that is easily raised but difficult to
answer. Indian Commissioner Morgan has re-
Gently given in unofficial letter express
sion Of his views on this important subject. At
the outset he says: 1.-The matter is one so far
reaching, involving such grave consequences
to so large a body Of persons known as half
breeds or mixed bioods, that / am slow to eK-
press any final judgment on it, until I IhAll
feel that have canyassed the subject in all its
bearings"
He then speaks OF the origin Of the name,
which was given TO the aborigiues of this
country by Columbus and the early yoyagers
under the impression that the newly discoy-
cred country part Of India. The nations.
tribes or bands were treated by the settlers
and the European countries under whose
authority AmerlcR was settled and by the
United States distinct political communities.
Their right Of property in the land was not
recognized, but the right OF occupancy Was.
This right has been treated as an encumbrance
upon the fee. and grants made OF land 10
which the Indian right Of occupancy had not
been eNtinguished by the government have
been made subject to this right. Each Indian
the property of his tribe whether 1t be in oc-
cupancy of lands, or right In the lands, OF
moneys. In a property sense, therefore. an
Indian is one who Is by right of blood, in
heritance OF adoption entitled to receive pro
rata share of the common property OF the
tribe.
The adoption OF white men into Indian tribes
was followed by their recognition on the part
of the tribes rs members enjoying the rights OF
members of full Indian blood. The issue OF the
htt h.
tribe with the Indian women have been treated
by this government as Indians in all respects
There appears 20 have been the commissioner
say. no adjudication Of the rights of these per-
sons commonly known haif-breeds and
mixed bloods by the courts Put under date
of july 5, 1856. Attorney General Cushing es-
pressed the opinion that half-breeds land in
his opinion he seems TO use the expression
..half-breeds and mixed bloods' interchange
ablyD should be treated by the executive as
Indians in all respects, SO long as they retain
their tribal relations.
Attention Is called to the fact that in the In
dian family the line Of descent Is through the
mother. After quoting various acts, decisions
and opinions Commissioner Morgan says:
as long as the mother remains member Of
the tribe her interest IN the tribal property 10
only a personal interest and at her death re-
yerts TO the benefit OF the tribe. This would
seem right in view of the fact that her chill
dren are also deemed to be members OF the
| tribe and have status and rights OF their own
therein. They belong TO the tribe and in case
of her death are cared for and supported by II.
| But when she separates herself from her tribe
and becomes citizen of the United States by
| intermarriage her children will be citizens and
will not have any status or rights Of their own
| by law in the mothers tribe.
The issue OF marriages between white per-
sons adopted into tribe and Indians OF the
tribe into which they have been Incorporated
are therefore. TO all intents and purposes, just
as much members of the tribe are the issue
of marriages of Indian me mbcrs of the tribe Of
the fill blood and Just much entitled 10
benefit from the common property of the
tribe"
In view Of various considerations Il seems to
Commissioner Morgan that, in determining the
rights and privileges of mixed bloods we must
give TO the term Indian" liberal and not
technical or restricted construction. Ii must
be construed in its historical and not In iA
chronological Significance.