| OCR Text |
Show , never deemed citizens of the Uuited States, except underexplicit proriaionsof treaty or statote to that effect, either declaring a certain tribe, or such maemhere of it ss chose to remain behind on the removelof the tribe westward, to he oitiheoa or aothor-ieiogindividuals of particular tribes to heoome aitizens on sppliaation to a court of the United States far naturalization, and satisfitotory proof of fitness for oiviliied life. * +. * This seotian contem~latetsw o souroea of citizenship, and two sources onlv... birth and naturalization. The persons declared to be oitizens are "all persona born or naturalizedinthe United States, aod 8ub.jec.t tothejorisdiotion thereof!' Theevident meaning of the last words is, not mareli aubjeot in some reaped or dexree to tlre jurisdiation of the United Ststes, hut oompletely sohjeot to their polifical joriedio-tion, and awing them direct and immediate tellegisooe. And the words relate to the time of birth in the one oase, as they do to the time of nstoralizatioo in tbs other. Persons not thus subject to the jurisdiction of t,he United States at the t,ime of birth can not become 80 afterward, exoept by being naturslieed either iudividuallg, as by prooeedings under the naturslization sots, or oollectively, as by the foroe of a treaty by which foreign temitory is acquired. Inriiansborn within the territorial limits of the United States, members of aod owing imltwdiat" allegi~llceto uoa of ill" Indian t r ibo~(a n allon, tltuugl! alel,oodent powar),nlrhoughin a geograpl~icasl onao bur" in the1:uitad Sratrr, ulano nwru " born in theuni ted states i n d auhieot to the inriadiction thereof." within the lueaoio"e of tirnt ~nct iono f the fourfuanrh a~~~o, ,dn~ruhanur ,t he chiblreo of rulljrrts uf any tor-oigu yoverument 1,orn'tiithin tho doussin of that yosernrnrnt, or rllo elriltlrelt burn within the United States of smhassadors or other publi~miniatersoffo reign natione. The first clause of section two of the fourteenth amendmentprovides that 'l Representatives shall be apportioned among the several States according to their respective, numbers, counting the whole number of personsin each State,excludiug Indians not taxed," and the first clause of the act of Congress of April 9,1866 (14 Stats., 27), provides LL that all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the Uuited States." If Indians not tased were by this amend-ment expressly exclzlded from such enumeration, it mould seem that those living within a State or Territory, not in tribal relations, and paying taxes, would be included in such enumcration; and,'as by section one of the act of Congress above quoted Indians not taxed are ex-cluded from citizenship, it would follow that those bearing the burden of taxation within a State or Territory would be, by that law, admitted to such citizenship. But in order to be entitled to. the enjoyment of privilege^ of citizenship under this act, the Indian must be ' I born in the United States and not subject to any foreign power?' As already stated the Supreme Court has decided that Indians born members of and owing immediate allegiance to, one of the Indian tribes are not "born ill the Unitid States and subject to the jurisdiction thereof, within the meaning of the first section of the fourteeuth amendment,77 I and by a parity of reasoning it would seem that an Indian born in tribal relations, owing superior allegiance to histribal government, would not be "born in the Uuited States and not subject to any foreign power n nithin the lneanil~g of section one of the act of 1866, and could not |
