Indians of North America; Indians of North America -- Government relations; Indians of North America -- Legal status, laws, etc.
Finally, we have a class of persons, who, from no impatience of the
subject, and from no indifference to the welfare of the aborigines, will
oppose the policy of seclusion, as an anomaly not to be tolerated in our
form of government. These are men who cannot bear, that, from any
assumed necessity or for any supposed advantage, exception should be
made of any class of inhabitants, or in respect to any portion of
territory, to the rule of uniform rights and responsibilities, and of
absolute freedom of movement, contract, and intercourse, the whole
nation and the whole land over. Were the Indians ten times as numerous,
were their claims to consideration stronger by no matter how much, and
were the importance to them of seclusion far more clear than it appears,
these political philosophers would steadily oppose the scheme. They
might regret the mischiefs which would result to the Indian from
exposure to corrupting influences; they might be disposed to favor the
most liberal allowances from the public treasury, in compensation to him
for his lands, and for his industrial endowment: but they would none the
less relentlessly insist that the red man should take his equal chance
with white and black, with all the privileges and all the
responsibilities of political manhood.
In view of the likelihood that the expediency of Indian citizenship will
thus become at an early date a practical legislative question, it seems
desirable in the connection to state the constitutional relations of the
subject. The judicial decisions are somewhat confused, although, from
the date (1831) of the decision of Chief-Justice Marshall in the
Cherokee Nation vs. the State of Georgia (5 Peters, 1), to that (1870)
of the decision in the Cherokee Tobacco (11 Wallace, 616), there has
been a marked progress (note especially the decision of Chief-Justice
Taney in the United States vs. Rogers, 4 Howard, 567) towards the
stronger affirmation of the complete and sufficient sovereignty of the
United States. Yet in December, 1870, the Judiciary Committee of the
Senate, Carpenter presenting the Report, after an incomplete, and in
some respects an inaccurate and inconsequential[M] recital of judicial
opinions, made the following startling announcement:--
"Inasmuch as the Constitution treats Indian tribes as belonging to the
rank of nations capable of making treaties, it is evident that an act of
Congress which should assume to treat the members of a tribe as subject
to the municipal jurisdiction of the United States would be
unconstitutional and void."
Public-domain text, read in full here on John Shaqi.
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