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Indian Citizenship Act

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This article is about American legislation. For the legislation in India, see Indian nationality law.
Native Indian Citizenship Act
Great Seal of the United States
Other short titlesNative Indian Freedom Citizenship Suffrage Act of 1924 and 1925
Long titleAn Act to authorize the Secretary of the Interior to issue certificates of citizenship to Native Indians.
Acronyms (colloquial)ICA
NicknamesSnyder Act
Enacted bythe 68th United States Congress
EffectiveJune 2, 1924
Citations
Public lawPub. L. 68–175
Statutes at Large43 Stat. 253
Codification
Titles amended8 U.S.C.: Aliens and Nationality
U.S.C. sections amended8 U.S.C. ch. 12, subch. III § 1401b
Legislative history
  • Introduced in the House as H.R. 6355 by Homer P. Snyder (R-NY) on February 22, 1924
  • Committee consideration by House Indian Affairs, Senate Indian Affairs
  • Passed the House on March 18, 1924 (Passed)
  • Passed the Senate on May 15, 1924 (Agreed)
  • Agreed to by the House on May 23, 1924 (Agreed) and by the Senate on 
  • Signed into law by President Calvin Coolidge on June 2, 1924
Wikisource has original text related to this article:
President Coolidge stands with four Osage Indians at a White House ceremony

The Indian Citizenship Act of 1924, (43 Stat. 253, enacted June 2, 1924) was an Act of the United States Congress that declared Indigenous persons born within the United States are US citizens. Although the Fourteenth Amendment to the US Constitution says that any person born in the United States and subject to its laws and jurisdiction is a citizen, the amendment had previously been interpreted by the courts as not applicable to Native peoples.

The act was proposed by US Representative Homer P. Snyder (R-NY), and signed into law by President Calvin Coolidge on June 2, 1924. It was enacted partially in recognition of the thousands of Native Americans who served in the US Armed Forces during World War I.[1]

Text

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The text of the 1924 Indian Citizenship Act reads as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all non citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property.

Approved, June 2, 1924. June 2, 1924. [H. R. 6355.] [Public, No. 175.]

SIXTY-EIGHTH CONGRESS. Sess. I. CHS. 233. 1924.

See House Report No. 222, Certificates of Citizenship to Indians, 68th Congress, 1st Session, Feb. 22, 1924.

The act has been codified in the United States Code at Title 8, Sec. 1401(b).

History and background

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US Constitution

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At the time of the adoption of the US Constitution under Article One, Native Americans, who were classified as "Indians not taxed", were not considered to be eligible for US citizenship because they were governed by distinct tribes, which functioned in a political capacity. Native persons who were members of a tribe were specifically excluded from representation and taxation.[2]: 27  The case of Cherokee Nation v. Georgia (1831), according to historian Brad Tennant, established that tribal members "who maintained their tribal ties and resided on tribal land would technically be considered foreigners" living in the United States as wards of the federal government.[2]: 28 

The earliest recorded date of Native people becoming US citizens was in 1831, when the Mississippi Choctaw became citizens after the Treaty of Dancing Rabbit Creek of 1830 was ratified. Under Article XIV of that treaty, any Choctaw who elected not to move to Native American territory could become an American citizen when he registered, and if he stayed on designated lands for five years after treaty ratification.[citation needed]

In the Dred Scott v. Sandford (1857) decision, Chief Justice of the Supreme Court Roger B. Taney stated that even if a Native American gave up their tribal membership and paid taxes, the only path to citizenship was through naturalization, legislation, or provisions of a treaty:[2]: 30 

They [the Indian tribes] may without doubt, like the subjects of any foreign government, be naturalized by the authority of Congress and become citizens of a state and of the United States, and if an individual should leave his nation or tribe, and take up his abode among the white population, he would be entitled to all the rights and privileges which would belong to an emigrant from any other foreign people.[3][4]

After the American Civil War, the Civil Rights Act of 1866 (ratified in 1870, after the Fourteenth Amendment came into effect) repeated the exclusion, declaring:[5]

all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.
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In 1868, the Fourteenth Amendment declared all persons "born or naturalized in the United States, and subject to the jurisdiction thereof" were citizens. However, the "jurisdiction" requirement was interpreted to exclude most Native Americans, and in 1870, the Senate Judiciary Committee further clarified the matter: "the 14th amendment to the Constitution has no effect whatever upon the status of the Indian tribes within the limits of the United States".[6] About 8% of the Native population at the time qualified for US citizenship because they were "taxed".[6] Others obtained citizenship by serving in the military, marrying whites, or accepting land allotments[7] such as those granted under the Dawes Act.[6]

The exclusion of Native Americans from US citizenship was further established by Elk v. Wilkins (1884),[8] when the Supreme Court held that a Native person born a citizen of a recognized tribal nation was not born an American citizen and did not become one simply by voluntarily leaving his tribe and settling among whites. The syllabus of the decision explained that a Native person "who has not been naturalized, or taxed, or recognized as a citizen either by the United States or by the state, is not a citizen of the United States within the meaning of the first section of the Fourteenth Article of Amendment of the Constitution".

Although the Dawes Act did not apply to citizens of the Five Civilized Tribes, the Osage, Miami, the Peoria, nor the Sac and Fox Nations of Indian Territory,[9]: 20, 24  the Curtis Act of 1898 extended its provisions to their citizens, requiring allotment of their lands and making their tribal members eligible to vote in local elections.[10][11] A federal act (31 Stat. 1447) of March 3, 1901, granted United States citizenship to all Native people residing in Indian Territory.[12]: 220 [13]: 12  Subsequent passage of the Burke Act of 1906, withheld US citizenship granted by the Dawes Act until the trust period for an allotment expired (typically 25 years) or the allottee obtained a fee patent from the government administrator. The Burke Act did "not extend to any Indians in the Indian Territory".[11] After World War I ended, Congress decreed in 1919, that all Native people who had been honorably discharged after serving in the war could become US citizens, if they applied for it.[14]: 134 [15]: 103 

Indian Citizenship Act

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The Indian Citizenship Act of 1924 declared:

all non citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States.

This grant of citizenship applied to about 125,000 of the 300,000 Indigenous people in the United States, the total population of which was between 106 million and 123 million at that time. The Indigenous people not included had already become citizens by other means, such as by entering the armed forces, giving up tribal affiliations, and assimilating into mainstream American life.[16]: 121  Citizenship was granted in a piecemeal fashion before the Act, which was the first more inclusive method of granting Native American citizenship.

Even Native Americans who were granted citizenship rights under the 1924 Act may not have had full citizenship and suffrage rights until 1948 because the right to vote was governed by state law. According to a survey by the Department of Interior, seven states still refused to grant Indians voting rights in 1938. Discrepancies between federal and state control provided loopholes in the Act's enforcement. States justified discrimination based on state statutes and constitutions. Three main arguments for Indian voting exclusion were Indian exemption from real estate taxes, maintenance of tribal affiliation, and the notion that Indians were under guardianship or lived on lands controlled by federal trusteeship.[16]: 121  By 1947, all states with large Indian populations, except Arizona and New Mexico, had extended voting rights to Native Americans who qualified under the 1924 Act. Finally, in 1948, the states withdrew their prohibition on Indian voting because of a judicial decision.[17]

Under the 1924 Act, Indigenous people did not have to apply for citizenship, nor did they have to give up their tribal citizenship to become US citizens. Most tribes had communal property, and to have a right to the land, individual Indian people needed to belong to the tribe. Thus, dual citizenship was allowed. Earlier views on granting Indian citizenship had suggested allocating land to individuals. Of such efforts, the Dawes Act was the most prominent. That Act allocated once-tribally-owned land to individual tribal members, and because they were landowners and eventually would pay taxes on the land and become "proficient members of society", they could be granted citizenship. This idea was presented by a group of white American citizens, called "Friends of the Indian", who lobbied for the assimilation of Indigenous people into American society. They specifically hoped to do that by elevating Indigenous people to the status of US citizens. Though the Dawes Act allocated land, the notion that this should be directly tied to citizenship was abandoned in the early 20th century in favor of a more direct path to American citizenship.[17]

Debate

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Although some white citizen groups were supportive of Indian citizenship, Native Americans themselves were divided on the debate. Those who supported it considered the Act a way to secure a long-standing political identity. Those who rejected it were concerned about tribal sovereignty and citizenship. Many leaders in the Native American community at the time, like Charles Santee, a Santee Sioux, were interested in Native American integration into the larger society but adamant about preserving the Native American identity. Many were also reluctant to trust the government that had taken their land and violently discriminated against them.[17]

One group who opposed the bill was the Onondaga Nation. They believed acceptance of this act was "treason" because the United States Senate was forcing citizenship on all Indians without their consent. According to the Iroquois, the bill disregarded previous treaties between the Indian Tribes and the United States, specifically the 1784 Treaty of Fort Stanwix, the 1789 Treaty of Fort Harmor, and the 1794 Treaty of Canandaigua in which the Iroquois were recognized as "separate and sovereign". The removal of the word "full" from "full citizenship" in the text of the original bill was used as a reason why some Native Americans were not granted the immediate right to vote with the bill.[18]

On May 19, 1924, Snyder said on the House floor, "The New York Indians are very much opposed to this, but I am perfectly willing to take the responsibility if the committee sees fit to agree to this." After passage of the Bill, Snyder became the representative of some of these Indians.[19]

On December 30, 1924, the Chiefs of the Onondaga sent a letter to President Calvin Coolidge:[20]

Therefore, be it resolved, that we, the Indians of the Onondaga Tribe of the Six Nations, duly depose and sternly protest the principal and object of the aforesaid Snyder Bill, … Wherefore, we the undersigned counselling (sic) Chiefs of the Onondaga Nation, recommend the abandonment and repeal of the Snyder Bill.

With little lobbying effort from Native Americans themselves, two primarily white groups shaped the law: Progressive senators and activists, like the "Friends of the Indians." Progressive senators on the Senate Indian Affairs Committee were for the Act because they thought it would reduce corruption and inefficiency in the Department of Interior and the Bureau of Indian Affairs. Such institutions would no longer be in control of citizenship regulations if citizenship were automatically granted to all Indigenous people. They also hoped to empower Indians through citizenship.[17]

Other groups for Native American citizenship supported it because of the "guardianship" status they felt the US government should take to protect Indigenous people. They worried Indians were being taken advantage of by non-Indigenous Americans for their land. They advocated that the government had an obligation to supervise and protect Native citizens. The Indian Rights Association, a key group in the development of this legislation, advocated that federal guardianship was a necessary component of citizenship. They pushed for the clause "tribal rights and property" in the Indian Citizenship Act to preserve Indian identity but gain citizenship rights and protection.[17]

One advocate for American Indians during the early 20th century, Joseph K. Dixon, who had previously advocated for segregated Indian units during World War I in an effort to prevent their assimilation, wrote (referring to soldiers who served in World War I):[21]

The Indian, though a man without a country, the Indian who has suffered a thousand wrongs considered the white man's burden and from mountains, plains and divides, the Indian threw himself into the struggle to help throttle the unthinkable tyranny of the Hun. The Indian helped to free Belgium, helped to free all the small nations, helped to give victory to the Stars and Stripes. The Indian went to France to help avenge the ravages of autocracy. Now, shall we not redeem ourselves by redeeming all the tribes?

Nipo T. Strongheart, a performer-lecturer on Native American topics at Lyceum and Chautauqua and similar activities across the United States from 1917 thru the 1920s,[22] gathered signatures on petitions supporting Indian enfranchisement into the tens of thousands.[23] Some of his trips into Pennsylvania were in support of Melville Clyde Kelly, a supporter of the bill in Congress, who had a district there.[22] The petitions and other advocacy work helped pass the bill, but he was ultimately disillusioned with the results.

See also

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References

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  1. ^ "Featured Document Display: Honoring Native American Soldiers' World War I Service". National Archives Museum. Retrieved February 20, 2024.
  2. ^ a b c Tennant, Brad (2011). "'Excluding Indians Not Taxed': Dred Scott, Standing Bear, Elk and the Legal Status of Native Americans in the Latter Half of the Nineteenth Century". International Social Science Review. 86 (1–2). Winfield, Kansas: Pi Gamma Mu: 24–43. ISSN 0278-2308. JSTOR 41887472. OCLC 1023452832.
  3. ^ Dred Scott v. Sandford, 19 How. 393, 60 U.S. 383 (1856), at 404
  4. ^ Dred Scott v. Sandford, Opinion of Chief Justice, page 7.
  5. ^ McCool, Daniel, Susan M. Olson, and Jennifer L. Robinson. Native Vote, Cambridge, England: Cambridge University Press, 2007.
  6. ^ a b c NCC Staff (June 2, 2015). "On this day in 1924: All Indians made United States citizens". National Constitution Center. Retrieved September 5, 2015.
  7. ^ "1924 Indian Citizenship Act" (PDF). National Park Service. Retrieved September 5, 2015.
  8. ^ Elk v. Wilkins 112 U.S. 94 (1884)
  9. ^ Cleary, Conor P. (May 2023). "The Rediscovery of Indian Country in Eastern Oklahoma" (PDF). Oklahoma Bar Journal. 94 (5). Oklahoma City, Oklahoma: Oklahoma Bar Association: 18–24. ISSN 0030-1655. Archived (PDF) from the original on September 5, 2023. Retrieved July 28, 2024.
  10. ^ Lawson, Benjamin A. (2019). "Curtis Act". In Lawson, Russell M.; Lawson, Benjamin A. (eds.). Race and Ethnicity in America: From Pre-Contact to the Present. Santa Barbara, California: ABC-CLIO. pp. 52–53. ISBN 978-1-4408-5097-4.
  11. ^ a b Tatro, M. Kaye (2002). Everett, Dianna (ed.). "Burke Act (1906)". Encyclopedia of Oklahoma History & Culture. Stillwater, Oklahoma: Oklahoma Historical Society, Oklahoma State University Library Electronic Publishing Center. OCLC 181340478. Archived from the original on May 29, 2024. Retrieved July 27, 2024.
  12. ^ Ballinger, Webster (1915). "Statement of Mr. Webster Ballinger, Washington, D.C.". In McLaughlin, James (ed.). Enrollment in the Five Civilized Tribes: Hearings before the Subcommittee of the Committee on Indian Affairs, House of Representatives. Washington, D. C.: Government Printing Office. pp. 202–284. OCLC 682114627.
  13. ^ Wright, J. George (June 30, 1904). "Previous Conditions and Recent Legislation". Annual Report of the United States Indian Inspector for the Indian Territory. Washington, D.C.: Government Printing Office: 9–12. OCLC 6733649.
  14. ^ Rollings, Willard Hughes (Fall 2004). "Citizenship and Suffrage: The Native American Struggle for Civil Rights in the American West, 1830-1965". Nevada Law Journal. 5. Las Vegas, Nevada: William S. Boyd School of Law: 126–140. ISSN 2157-1899. OCLC 8091600187. Archived from the original on February 10, 2024. Retrieved July 28, 2024.
  15. ^ French, Laurence; Manzanárez, Magdaleno (2017). North American Border Conflicts: Race, Politics, and Ethics. Boca Raton, Florida: CRC Press. ISBN 978-1-4987-8034-6.
  16. ^ a b Peterson, Helen L. (May 1957). "American Indian Political Participation". American Academy of Political and Social Science. 311 (1): 116–121. doi:10.1177/000271625731100113. S2CID 144617127.
  17. ^ a b c d e Bruyneel, Kevin (2004). "Challenging American Boundaries: Indigenous People and the 'Gift' of U.S. Citizenship". Studies in American Political Development. 18 (1): 30–43. doi:10.1017/S0898588X04000021. S2CID 145698348.
  18. ^ THE CITIZENSHIP ACT OF 1924 – Onondaga Nation
  19. ^ Homer Snyder Statement on House Floor
  20. ^ Letter of Onondaga Nation to Calvin Coolidge
  21. ^ Paul Rosier, Serving their country: American Indian politics and patriotism in the twentieth century, 46.
  22. ^ a b Lori Lynn Muntz (May 2006). Representing Indians: The Melodrama of Native Citizenship in United States Popular Culture of the 1920s (Thesis). Department of English, University of Iowa. p. 265. ISBN 978-0-542-79588-6. UMI3225654. Retrieved August 26, 2014.
  23. ^ Prengaman, Kate (August 10, 2014). "Pride for his people – New displays at Toppenish museum celebrate life and influence of Nipo Strongheart, a Yakama with a passion for Indian rights". Yakima Herald-Republic. Yakima Washington.
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