dians have not become citizens of the United States by virtue of that amendment (1)," from which it might be inferred that the Committee deemed such Indians as have severed their tribal relations do come within the meaning of the amendment. But it has been judicially held that "an Indian born a member of one of the Indian tribes within the United States, which [tribe] still exists, who has voluntarily separated himself from his tribe and taken up his residence among the white citizens of a State, but who has not been naturalized, or taxed, or recognized as a citizen by the United States, is not a citizen of the United States within the meaning of the Fourteenth Amendment of the Constitution (2)." Furthermore, that an Indian born within the United States, has severed his tribal relations, fully and completely surrendered himself to the jurisdiction of the United States, is a bona fide resident of a given city, within a given State, is not evidence of United States citizenship under the Fourteenth Amendment of the Constitution (3). To remove the obstacle of ineligibility from the person of Indian birth, it requires something more than the civilizing influences of those already enjoying citizenship, and there is no act which he can perform that will make him eligible. "An Indian cannot make himself a citizen of the United States without the consent and co-operation of the government. The fact that he has abandoned his nomadic life or tribal relations and adopted the habits and manners (1) I Dillon, 348, note.

(2) 112 U. S., 94. (3) 112 U. S., 94.

of civilized people, may be good reason why he should be made a citizen of the United States, but does not of itself make him one. To be a citizen of the United States is a political privilege which no one, not born to, can assume without its [government's] consent in some form (1)." Indians cannot be naturalized as "aliens, being free white persons, and aliens of African nativity and persons of African descent," can be naturalized. "The general statutes of naturalization do not apply to Indians, but they may be naturalized by special act of Congress, or by treaty (2)." Nor does an Indian become a citizen of the United States by being declared an elector by any one of the States (3). To become citizens they must comply with some treaty providing for their naturalization, or come under the direct operation of some statute authorizing individuals of special tribes to assume citizenship by due process of law (4). In the latter way, an Indian, after severing his tribal relations, may become a citizen by Congress conferring citizenship upon him. But he cannot become a citizen unless the government gives its consent in some form (5).

The Wyandotts, the Pottawatomies, the Ottawas, the Delawares, the Miami, the Peoria and various tribes in Kansas, have been endowed with Federal citizenship through the agency of treaties negotiated with them by the United States, and their tribal identity and their politTBRY

(1) 6 Sawyer, 406.

(2) 7 Atty. Gen. op., 726.

(3) 2 Id.

(4) 6 Wallace, 83; 1 Dillon, 3 344

(5) 6 Sawyer, 406.

OF

ical disability disappeared at the same time by their absorption into the body-politic as Federal citizens, equipped with the right to the enjoyment of all their "immunities and privileges." Some of the Sioux tribes, the Winnebagos, the Brothertown and the Stockbridge Indians, have been granted Federal citizenship by special acts of Congress duly naturalizing them. Since the passage of the act of March 3, 1871, the treaty-making power with Indian tribes has ceased, and the naturalization of Indians by that process is no longer possible.

But, although ineligible to Federal citizenship, except by some special act of government removing his disability, the Indian is qualified to hold office. He is not disqualified from holding even so important an office as that of Chief of Bureau, under the Constitution and laws of the United States (1). Full blood Indians have held important offices in some of the States, although their ineligibility to State or Federal citizenship had never been removed (2), and their right to hold such offices was not disputed. An Indian has, also, the statutory right of a freeholder, under existing treaties with his tribe, provided he severs his tribal relations.

Whenever any Indian, being a member of any band or tribe with whom the Government has or shall have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the land belonging to his tribe allotted to him in severalty, in pursuance of such treaty stipulations. the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him.-Rev. Stats. U. S., Sec. 2119.

(1) 13 Atty. Gen. op., 27.

(2) Full blood Cherokees have held the office of Sheriff in California, where the qualifications of an elector is the same as that of a Federal citizen.

But, in thus becoming an independent freeholder, and in thus severing his tribal relations, he does not acquire the "immunities and privileges" of Federal citizenship (1).

Alien Criminals Ineligible.

Persons of foreign birth and allegiance, who cannot prove good moral character during their probationary residence in the United States, or who, during any period of their residence in the country before the five years required by law to establish a residence qualification for naturalization purposes, have been convicted of crime, or have openly violated the penal laws of the land, are in- + eligible to citizenship (2).

FORFEITURE OF FEDERAL CITIZENSHIP.

Federal citizenship may be forfeited by an unlawful act of the holder.

Desertion from the army or navy of the United States is a forfeiture of all the rights and benefits of citizenship. But the disbandment of the Union forces by land and sea, at the close of the War of the Rebellion, made it necessary to cover, by special enactment, premature abandonment of the naval or military service, so as to save the constructive deserter from outlawry and its consequences. Congress, therefore, decreed:

(1) An Indian ineligible to Federal citizenship may, however, be admitted to practice at the bar of the Federal Courts. Hitam Chase, an Indian of full blood, belonging to the Omaha tribe, was admitted to practice in the United States Circuit Court of Nebraska, at Omaha November 10, 1891, by Judge Elmer S. Dundy.

(2) 5 Sawyer, 195; 18 Abb. Law J., 153; 6 F. R., 293. (see, also, note, p. 17.)

All persons who deserted the military or naval service of the United States and did not return thereto to report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are declared to have voluntarily relinquished and forfeited their rights of citizenship, as well as their rights to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof. -Rev. Stats. U. S., Sec. 1996.

Exceptions were made in favor of him who abandoned the military or naval service on the virtual close of the war and the expiration of the term of his enlistment, without lawful authority, the presumption being in his favor that such abandonment was not intended to defraud, and did not defraud the country of any of the service he owed it under the terms of his enlistment. Such a person, although technically a deserter, not having received his regular discharge, was specially relieved of the disability which his desertion imposed upon him, and Congress decreed, as follows:

No soldier or sailor, however, who faithfully served according to his enlistment until the 19th day of April, 1865. and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the army or navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred under the preceding section [1996], by the loss of citizenship and the right to hold office, in consequence of his desertion.-Rev. Stats. Ū. S., Section 1997.

But for the proper government of the army and navy of the United States, wilful desertion of a member of either service is an act which deprives him of all "immunities and privileges of Federal citizenship." And evasion of a draft for military or naval service has the same effect.

Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeiture of section 1996.-Rev. Stats. U. S., Sec. 1998.