| Show THE ned RED AS CITIZENS th the who e 0 ottawa oin lin tawa and chippewa indians indian trl bally dissolved they can vote vot under ander uno uhe fourteenth amendment WASIE washington INGTON march T the he secretary of the interior has haa written a decision addressed to the commissioner of indian affairs touching the status of the ottawa and chippewa indians indiana and their right under the treaty of july 31 1855 commissioner commiss Commisa ioner loner walker has hag stated that under tinder the treaty provisions allowing inn in deans to pur par purchase chase lands additional to their individual selections a large amount has been entered but upon representations that entries were made in the interests of white men they have been superseded by order ol of the department that since the ratification of the treaty many have bave become of age and the heads of families and without legal homes although some of them have t settled upon and improved the rands selected by them with a view of ao quiring a title thereto as citizens and that all payments ments have boen been made to the i indiana n dlana disna pa except capt the one due last fall which wui wull be made this spring the question is submitted by the commissioner whether upon such payment being 1 made and all tribal relations ended these the indians indiana will become citizens of the united states aud as such entitled to make homestead entries if they will then it I 1 is s suggested that no farther legislation is ne necessary cessare for their protection the fifth article of the treaty referred to predicts that the tribal organization of ottawa and chippewa indians except so lar far as may be necessary to carry out ehg provisions of the agreement is dissolved the secretary says that upon the lull ruil payment being made tribal relations will be bd terminated As to to the inquiry concerning the civil status of indians the tribal rela reia 1 eions are dissolved pare hare are they citizens of the united states tand and as such entitled to a share of the public lands 11 I 1 think they are the provisions of the f fourteenth amendment to the constitution material to td the queston areas are as follows ali ail all persons born or naturalized in the united states and subject to i tion thereof aie citizens of the united states and of the states wherein r eln ein they reside representation shall be apportioned among the Fi several everal states according to their respective num numbers bers counting the whole number ot of persons in each state excluding indians indiana not taxed these indians were born in the united states they therefore come within first provision above quoted provided they are subject to the jurisdiction the thereof while tribal relations exit they are subject to the jurisdiction of the united states because they are domestic dependent 11 this principle has bee been uniformly recognized by the courts seva sev f eral cases here nere noted as evi evl donice donnee when the reason of the rule ceases the rule itself ceases when the nation allty ceases then the consequences which have sprung from such nationality cease when tribal relations have been dissolved with consent orthe of the united states theia there is no longer any dependent nation and those who compose it are merged in the mass of tho people of the united states and subject toils tolls tb its jurisdiction they would become liable to taxation and are counted in the enumeration for represent tation the fourteenth amend ameno amendment ment ex eludes from the basis of representation indians indiana not taxed that is those indians and those only who are legally liable to taxation the supreme court in the case ase c I 1 of the kansas indians decided that they were not liable to taxation while the tribal relation was kept up the reasoning ot of the court implies that when that relation is ended they become liable to taxation when they do they should be counted in the enumeration lor representation my conclusion is that when anIn dlan dian tribe is dissolved and all tribal re relations lotions with it ended and this Is done with consent ot of the thO united states ahen eben then thon the members of such budh trine tribe become citizen of the unit united 0 d states and as such entitled to all the immunities aad privileges in reference to the suspended entries mentioned by the commissioner the secretary Is of the opinion that all saade in the interest 0 of th 0 white men should be cancelled W y r merald herald Uc |
