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Show REPOBT OF THE COXMISSIONER OF INDIAN AFFAIRB. 99 hd. Have they been made citizens by treaty? The clause in the treaty relating to those Cherokees who preferred to remain behind the nation is in these words: Anr. 12. r * Such heads of Chemkee families as n,re desirous ta reside within the Stat- of North Camlins, Teunesee, and Ale.b%ma, subjeot to the laws of the m e , and who are quali6ed or caJoulated to become useful citizens, shall be entitled to a. prescriptive right M eertain !ancLs. This does not confer on them citizenship. It only authorizes them to become citizens when it is recognized that they are qualified or calculated to become useful citizens. This presupposes some sort of examinationinto the question of their qual-ification and a favorable decibion therein. If the words of the treaty do not make them citizens of the United States and only give them the right to become citizens upon showing the desire to that end, then there was but one way for them to attain citizenship, and that is. pointed out in the statutes relating to naturalization. But it ia urged with great force that the State of North Carolina recognizes these Cherokees as citizens-that they vote, pay taxes, work roads, and perform all the duties of citizens. But a citizen of the United States takes this privilege aa the gift of the General Government. It can be acquired only under its laws, and in the mode prescribed by it. (City of Minneapolis v. Reum, 56 Fed. Rep., 576; 6 C. C. A., 31.) "Neither the constitnt?on of a State nor any act of its legislature, however formal or aolemn, whatever rights it may confer on these Indians or withhold from them, a n withdraw them from the influence of an act of Conereas which that bodv hae the conatitutinnal right to p a s c>~l c r rnit~h~emc . Any other doctrinc would make the leeialature of the State the .uDrvue inw of thc laml, inutead of the Convtitutioll of theunited States and the laGand treaties made in ~ u a umc teh ereof." (United States u. Holliday, 3 Wall., 419.) But it must not be understood tbat these Cherokee Indiana, although not citizens of the United States and still under pupilage, are independent of the State of North Carolina. They live wjthin her territory; they hold lands under her sovereignty, under her tenure; they are in daily contact with her people; they are not a nation nor a tribe: thev can eniov ~rivileeess he mav mant: thev are subject to ~ ~ . . -. . . .. . hercrinriual law?. Noneof the laws applivnhle h, Indian wcerrations uljply to them. All rllat ix dez:hlcd in rhnt the Covernm~mt of the LInited St~tzn h:w not set WakQd its guardian care over them nor released them from pupilage. The ~edkraclo urts wtn, still, in the name of the United Statea, adjudicate their rights. Nor is this with-out precedent. The American seaman, born a citizen of the United States, or natur-alized as such, has extended over him the guardian care of the Government and is a ward of the nation. The statute books abound with acts requiring his contracts to be looked into by officers appointed for tbat purpose, and every precaution is taken to w r d him against fraud, oppreaaion, and wrong. (Rev. Stat., sec. 4554 et seq.) It is contended that the view taken of thia pupillary condition of these Cherokee Indi- violates the pmvisions of the constitution and laws of North Carolina for-bidding perpetuities. A perpetuity is the attempt to forbid the alienation of lands under any circumstances and to provide for their deacent or disposition in a fixed unchangeable way. But the Indian8 hold these lands to no such purposs. Their realty can be alienated, but the contnrct is reviewable by the Government, for one purpose only-to protect them from fraud or wrong. Acondition attached to aliena-tion does not create a perpetuity. A conveyance or devi~eto A, in trust for a femme covert in fee, with power of ale upon her written request, or subject to her approval, does not create a perpetuity. There is another consideration. In determining the attitude of the Government toward the Indiaaa-all Indisnbthe courts follow the action of the executive and other political departments of the Government, whose more special duty it is to determine wch affairs. (United States v. Holliday, supra.) Now, Congress hi repeatedly recognized the distinctive character of these Chem-kees as a body-the Eastern band of Chemkee Indiam. It has legislated for their |