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duced to invest certain Indians with the rights and privileges of citizenship. Thus a bill was introduced into the Senate, and I think became a law, "To enable Cherokee [[Creek?]] and Seminole Chocktaw and Chickasaw Indians to become citizens of the United States"

Then again by treaties they have been made citizens.

See Treaties with Chocktaws &c September 27.1830 Art 14 and with the cherokees May 23.1836-Art. 12.

These citations show that in the opinion of the law making power Indians can be made citizens only through some action of the National Legislature, that a mere declaration of intention to become a citizen connected with a dissolution of tribal relations is not sufficient.

We have now reached the inevitable conclusion that an Indian is not a citizen of the state or of the United States.

If this be a controversy between citizens of different states and the court obtains Jurisdiction for that reason then we have proved more than was necessary. Because we might admit the citizenship and show that the controversy was not between citizens of [[underline]] different [[/underline]] States. 

Whether the court gets jurisdiction it must

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[[in margin]] 344 [[/in margin]]