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line of many decisions, the last of which is United States y.
Rickert (188 U. S., 431, 436). The question of discharge from
wardship, and the degree of emancipation of the ward, is a
political question, within the soledetermination of Congress
and not subject to judicial review. It is the sum and sub-
stance of a great number of decisions of the Supreme Court on
the question of Indian rights and the relations of the Indian
to the Government of the United States that the power of Con-
gress is "plenary, and its fiat the final definition of right,
not questionable or reviewable by the judiciary.
In granting political emancipation and making the
members of the Five Civilized Tribes citizens of the United
States Congress did not fully discharge him from wardship as
to control and alienation of his property, as is evident, not
only by subsequent legislation, but by the act of March 1,
1901 (31 Stat., 861), ratifying an agreement with the Creek
Nation making restrictions on control and alienation of
allotted lands, and by act of the same day on which the citizen-
ship bill was approved, to wit, March 3, 1901 (31 Stat. ,
1077), requiring approval of the tribal legislative acts
by the President of the United States, depriving the tribes
of control of appropriation of their tribal moneys.
The subsegment acts of Congress indicative of this
reservation, control, and wardship over property interests and
alienation of the Indian of his property, individual and tribal,
are the following:
June 30, 1902 (32 Stat., 500), ratifying agreement
with Creeks, supplemental to agreement ratified by act of
March 1, 1901 (30 Stat. 861); July 1, 1902 (32 Stat., 716),
relating to the Cherokees and ratified by vote of the nation;
Document source description
This item is a memorandum regarding the distinction between personal wardship and property wardship with regards to the Act of March 3, 1901(31 Stat. 1058).
Page data
- Page
- 3
- Source index
- 0
- Type
- photo
- Media ID
- 4e6d0599070ec466
- Size
- unknown
Document data
- ID
- 7268905
- Core
- doc
- Type
- document
DTO data
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Context sent to Scholar
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Page context
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"ocrText": "-3-\nline of many decisions, the last of which is United States y.\nRickert (188 U. S., 431, 436). The question of discharge from\nwardship, and the degree of emancipation of the ward, is a\npolitical question, within the soledetermination of Congress\nand not subject to judicial review. It is the sum and sub-\nstance of a great number of decisions of the Supreme Court on\nthe question of Indian rights and the relations of the Indian\nto the Government of the United States that the power of Con-\ngress is \"plenary, and its fiat the final definition of right,\nnot questionable or reviewable by the judiciary.\nIn granting political emancipation and making the\nmembers of the Five Civilized Tribes citizens of the United\nStates Congress did not fully discharge him from wardship as\nto control and alienation of his property, as is evident, not\nonly by subsequent legislation, but by the act of March 1,\n1901 (31 Stat., 861), ratifying an agreement with the Creek\nNation making restrictions on control and alienation of\nallotted lands, and by act of the same day on which the citizen-\nship bill was approved, to wit, March 3, 1901 (31 Stat. ,\n1077), requiring approval of the tribal legislative acts\nby the President of the United States, depriving the tribes\nof control of appropriation of their tribal moneys.\nThe subsegment acts of Congress indicative of this\nreservation, control, and wardship over property interests and\nalienation of the Indian of his property, individual and tribal,\nare the following:\nJune 30, 1902 (32 Stat., 500), ratifying agreement\nwith Creeks, supplemental to agreement ratified by act of\nMarch 1, 1901 (30 Stat. 861); July 1, 1902 (32 Stat., 716),\nrelating to the Cherokees and ratified by vote of the nation;"
}