Melville Fuller

“ The United States court in the Indian Territory is a legislative court, and was authorized to exercise jurisdiction in these citizenship cases as a part of the machinery devised by congress in the discharge of its duties in respect of these Indian tribes, and, assuming that congress possesses plenary power of legislation in regard to them, subject only to the constitution of the United States, it follows that the validity of remedial legislation of this sort cannot be questioned unless in violation of some prohibition of that instrument. ”

“ On any possible construction, in cases between the United States and an Indian tribe, no appeal is allowed unless the constitutionality or validity of the legislation is involved; and it would be most unreasonable to attribute to congress and intention that the right of appeal should be more extensive in cases between an Indian tribe and an individual applicant for citizenship therein. ”

“ We repeat that, in view of the paramount authority of congress over the Indian tribes, and of the duties imposed on the government by their condition of dependency, we cannot say that congress could not empower the Dawes commission to determine, in the manner provided, who were entitled to citizenship in each of the tribes, and make out correct rolls of such citizens, an essential preliminary to effective action in promotion of the best interests of the tribes. ”

“ It is of a nature that inevitably grows worse, and has in itself no power of regeneration. Its own history bears testimony to this truth. The condition is every day becoming more acute and serious. It has as little power as disposition for self-reform.
'Nothing has been made more clear to the commission than that change, if it comes at all, must be wrought out by the authority of the United States. ”

“ What is the duty of the United States government toward the people, Indian citizens and United States citizens, residing in this territory under governments which it has itself erected within its own borders? ”

“ The words cannot be construed as redundant, and rejected as surplusage, for they can be given full effect; and it cannot be assumed that they tend to defeat, but rather that they are in effectuation of, the real object of the enactment. It is true that the provision is somewhat obscure, although, if the comma after the words 'all citizenship cases' were omitted, or if a comma were inserted after the words 'the United States,' that obscurity would practically disappear ”

“ And while it is undoubtedly true that legislatures cannot set aside the judgments of courts, compel them to grant new trials, order the discharge of offenders, or direct what steps shall be taken in the progress of a judicial inquiry, the grant of a new remedy by way of review has been often sustained under particular circumstances. ”

“ His petition set forth that he was a white man; that he married a woman of Choctaw and Chickasaw blood, September 21, 1873, by which marriage he had five children; that she died, and he married a white woman August 10, 1884, with whom he was still living. The Choctaw Nation answered, objecting that the Dawes commission had no jurisdiction, because the act of congress creating it was unconstitutional and void; that Robinson had not applied for citizenship to the tribunal of the Choctaw Nation constituted to try questions of citizenship ”

“ For reasons already given, we regard this act, in general, as not obnoxious to constitutional objection, but in so holding we do not intend to intimate any opinion as to the effect that changes made thereby, or by the agreements referred to, may have, if any, on the status of the several applicants who are parties to these appeals. ”