The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-02-11
WHAT IS AN INDIANq

Commissioner Morgan Gives an
Opinion OF Poor Los Legal Status.
Indian Commissioner Morgan has recently
given in an unofficial letter an expression Of
his views on the subject Of the legal status
of the Indian. This question is one of the
most difficult connected with the manage
ment Of the nations wards. The question,
"W hat is an indiana" is very frequently
asked, but not easily answered. The com
missioner opens his letter with this state
ment: 1.-THE matter Is SO far-reaching, III
volving such grave consequences TO so large
a body of persons known as half breeds or
| mixed bloods, that | am slow TO
express my final Judgment on it
until | shall feel that l shall have
canvassed the subject in all its bear
ings." He then speaks OF the origin of the
name, which was given to the aborigiues Of
this country by Columbus aud the early
voyagers under the impression that the
newly discovered country was a part Of
India. The nations. tribes or bands were
treated by the settlers and the European
countries under whose authority America
was settled aud by the United States as dis
tinct political communities. The right Of
property in the land was not recognized,
but the right of occupany was. This right
has been treated as an incumbrance upon
the fee, and the grants made Of land to which
the Indian right of occupancy had not
been extinguished by the government have
been made subject to this right. Each In
dian has been deemed to have an equal in
tsrest in the property Of his tribe, whether
it be in occupancy of lands, or right in
the lands or moneys. In property sense,
therefore, an Indian is one who is by right
of blood, inheritance or a ioption entitled to
receive pro rata share of the common
property OF the tribe.
The adoption Of white men into Indian
tribes wes followed by their recognition on
the part of the tribes as members enjoying
the rights of members of full Indian blood.
The issue of the marriage of white persons
not adopted by the tribe with the Indian
| women have been treated by this govern
ment as Indians in all respects. The
| rights of these persons, commonly
known as half-breeds and mixed
bloods, appear to have never been
| adjudicated by the courts. but Attorney
| General Gushing July ). 1861 expressed
the opinion that half-breeds land in bis
| opinion he seems to use the expression
"half.breeds and mixed bloods" inter-
changeably) should be treated by the ex-
ecutive as Indians in all respects, so long
as they retain their tribal relations.
The commissioner then calls attention to
the fact that i'll the Indian family the line
of descent is through the mother, and, after
quoting various acts, decisions and opin-
ions says: LAS long as the mother remains
a member of the tribe her interest in the
tribal property is only a personal interest
and at her death reverts to the benefit Of
the tribe. This would seem right in view
of the fact that her children are also deemed
to be members of the tribe and have status
and rights of their own therein. They be-
long to the tribe. and In case of her death
| are cared for and supported by it, But when
| she separates herself from her tribe and be-
comes q 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 persons
| adopted into a tribe and Indians of the tribe
into which they have been incorporated are,
| therefore, to all inteuts and purposes, Just
| as much members of the tribe as are the
issue of marriages of Indian members Of
the tribe of full blood, and just as much en-
titled to benefit from the common property
| of the tribe"
The conclusions arrived at by Com
missioner Morgan is, that, in view Of vari-
| GUS considerations, in determining the
rights and privileges of mixed bloods, we
must give to the term Indian" liberal,
and not technical nor restricted con-
struction. 1t must not be construed in it's
chronological, but in its historical signif-
| canoe.