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Exhibit B. (COPY). MEMORANDUM. : Senate Report 5013 : 59th Cong. 2d Sess. : : : The above committed report, page 2, speaking of the Five Civilized Tribes in Indian Territory, states that: By definite and express act of Congress, March three, nineteen hundred and one (31 Stat. 1447), each member of these tribes was made a citizen of the United States, and as such, under the terms of the Constitution, and under the terms of said law, entitled to all the rights, privileges and immunities of every other citizen of the United States. Yet, notwithstanding this express legislative naturalization, Congress in its subse- quent legislation, and the Department of the Interior acting under such legislation, has apparently ignored entirely this established citizenship, and in every instance has treated the questions arising within the Five Civilized Tribes as though no such acts had ever been passed and as though the Indians were still, in the broadest sense, the wards of the Government. This expression seems to be founded upon a confusion of ideas in failing to distinguish between political rights of the persona as a citizen and rights of property as such, and its control and alienation. These classes of rights are dis- tinet from each other, and grant or possession of the one does not by any legal or logical neceasity include the other, as is clear from different degrees or classes of rights enjoyed by different classes of persons, lunatics, minors, married women, &c different in the several States and Territories. The Indian starts as a member of a dependent community, or State, in tutelage and wardship of the United States (Cherokee Nation V. Georgia, 5 Pet., 1). This is followed by an unvary ing

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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
5
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0
Type
photo
Media ID
245529132ddeebff
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unknown

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7268905
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    "ocrText": "Exhibit B.\n(COPY).\nMEMORANDUM.\n:\nSenate Report 5013\n:\n59th Cong. 2d Sess.\n:\n:\n:\nThe above committed report, page 2, speaking of the\nFive Civilized Tribes in Indian Territory, states that:\nBy definite and express act of Congress, March three,\nnineteen hundred and one (31 Stat. 1447), each member of these\ntribes was made a citizen of the United States, and as such,\nunder the terms of the Constitution, and under the terms of said\nlaw, entitled to all the rights, privileges and immunities of\nevery other citizen of the United States. Yet, notwithstanding\nthis express legislative naturalization, Congress in its subse-\nquent legislation, and the Department of the Interior acting\nunder such legislation, has apparently ignored entirely this\nestablished citizenship, and in every instance has treated the\nquestions arising within the Five Civilized Tribes as though no\nsuch acts had ever been passed and as though the Indians were\nstill, in the broadest sense, the wards of the Government.\nThis expression seems to be founded upon a confusion\nof ideas in failing to distinguish between political rights of\nthe persona as a citizen and rights of property as such, and\nits control and alienation. These classes of rights are dis-\ntinet from each other, and grant or possession of the one does\nnot by any legal or logical neceasity include the other, as is\nclear from different degrees or classes of rights enjoyed by\ndifferent classes of persons, lunatics, minors, married women, &c\ndifferent in the several States and Territories.\nThe Indian starts as a member of a dependent community,\nor State, in tutelage and wardship of the United States (Cherokee\nNation V. Georgia, 5 Pet., 1). This is followed by an unvary ing"
}