Trump v. Barbara · ¶218

Like temporary visitors, tribal Indians were not completely subject to the jurisdiction of the United States. The United States did not have the right to impose personal taxes on them—hence, “Indians not taxed.” See, e.g., Elk v. Wilkins, 112 U. S. 94, 99 (1884); Goodell v. Jackson, 20 Johns. 693, 710 (N. Y. 1823). Their personal affairs remained subject to the jurisdiction of their tribal nation. “The right of self-government” was “secured to each tribe, with jurisdiction over all persons and property within its limits, subject to certain exceptions, founded on principles somewhat analogous to the international laws among civilized nations.” H. R. Rep. No. 474, 23d Cong., 1st Sess., p. 18 (1834); accord, 7 Op. Atty. Gen. 174–175 (1855). The United States did not interfere “with the disposition, or descent, or tenure of their property, as between themselves,” or “prove their wills,” or…

slip opinion, revised 7/01/26
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