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-3- 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).

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Page
3
Source index
0
Type
photo
Media ID
4e6d0599070ec466
Size
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7268905
Core
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Type
document
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    "contentType": "document",
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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;"
}