Page:Harvard Law Review Volume 2.djvu/194

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176 HARVARD LAW REVIEW.

them from fraud and improvidence in the earlier years of citizen- ship, makes it impracticable to require Indians to do their part in the ordinary methods of local government for the maintenance of courts and police, the establishment of highways and schools, or any other incidents of local self-government. These and similar features of the present status of the Indian seem imperatively to require some special provision for the administration of civil and criminal justice during the period which must elapse before he can be left to stand upon the same footing with other inhabitants of the State or Territory in which he may be.

This period must necessarily be considerable. It will take a considerable number of years to complete the process of optional allotments by which Indians are made citizens. Additional time will be needed for compulsory allotments. After allotments are made, a quarter of a century must be allowed before the lands can all be subjected to taxation, and, therefore, before the State and Territorial courts can be expected to bear the burden of adminis- tering justice to Indians and whites without distinction.

It is to the necessities of justice during this period that the bill addresses itself.

The clauses of the Dawes Bill as to the citizenship and civil rights of Indians are as follows (24 U. S. Stat, at L. 390, section 6, act of February 8, 1887, ch. 119) : —

" Upon the completion of said allotments and the patenting of the lands to said allottees, each and every member of the respec- tive bands or tribes of Indians, to whom allotments have been made, shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside ; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. And every Indian born within the territorial limits of the United States, to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence sep- arate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privi- leges, and immunities of such citizens, whether said Indian has