Indian

The name of the aboriginal inhabitants of America. In general, Indians had no political rights in the United States; they could not vote at the general elections for ofiicers, nor hold office. In New York they were considered as citizens, and not as aliens, ovdng allegiance to the government and entitled to its protection; Jackson v. Goodell, 20 Johns. (N. Y.) 188. The Cherokee nation in Georgia was a distinct community; Worcester v. Georgia, 6 Pet. (U. S.) 515, 8 L. Ed. 483.

See Lee V. Glover, 8 Cow. (N. Y.) 189; Danforth V. Wear, 9 Wheat. (U. S.) 673, 6 L. Ed. 188; Dana v. Dana, 14 Johns. (N. Y.) 181; Jackson V. King, 18 Johns. (N. Y.) 506.

The title of the Indians to land was that of occupation merely, but could be divested only by purchase or conquest; Gillespie v. Cunningham, 2 Humph. (Tenn.) 19; Stockton v. Williams, 1 Dougl. (Mich.) 546; Godfrey v. Beardsley, 2 Mc Clean 412, Fed. Cas. No. 6,497; Johnson V. Mc Intosh, 8 Wheat. (U. S.) 571, 5 L. Ed. 681; 2 Washb. R. P. 521; 3 Kent 378. By act of March 3, 1871, no Indian nation or tribe within the United States shall be recognized as an independent nation with whom it may contract by treaty, but prior treaties are not to be thereby impaired. By act of March 3, 1885, any Indian committing certain crimes within any territory, and within or without an Indian reservation, is subject to the laws of the territory, and shall be tried in the same manner and be subject to the same penalties as other persons charged with the same crimes; and if such offence be committed within a reservation in a state, he shall be subject to the same laws, etc., as If it were committed within the exclusive jurisdiction of the United States. This act was held constitutional in