Ex parte Kyle
Ex parte Kyle
Opinion of the Court
(after stating the facts). The first question that presents itself is as to what is the true construction of this act. It seems, by its language, to undertake to make a man a citizen of the United States, and at the same time to leave him an Indian citizen. This, however, in my judgment, would not be a reasonable construction of the statute. It is a canon of construction that we must always, if possible, construe a statute in harmony with reason. Taking that view of it, the effect of the statute, to me, seems to be to give the naturalized citizen of the'
The remaining question in this case is, what effect does this statute have toward divesting the jurisdiction of the Indian court in this case, when that jurisdiction had already attached; for before suing out this writ he had been arrested, and twice tried. Can his act by which he obtained naturalization on the 1st of February, 1895, subsequent to his indictment and trial, divest the Indian court of jurisdiction? We are to construe statutes in the interest of the enforcement of the law, and, if possible, are to so construe them as to protect the rights of every one subject to them, as well as the rights of communities which may be seriously affected by a wrong construction of the law. If it be true that by naturalization a citizen of the Indian country can divest the jurisdiction of courts of crimes with which he may be charged after that jurisdiction has attached, will not the most serious consequences to the peace of that country ensue? The Indian Nations are making an honest effort to enforce the law, especially for the protection of life. This can be especially said with reference to the Cherokee Nation. If the petitioner in this case can escape the exercise of jurisdiction over him by becoming naturalized after that jurisdiction has attached, any man who is indicted for murder in an Indian court, after such indictment has been found, and while the same is pending against him, may do the same thing. And, in order to escape conviction and punishment, of course, they would all do it. The courts of the United States could not punish him, because they had no jurisdiction of him at the time of the commission of the crime, and the consequence would be that by becoming a citizen of the United States he would escape all punishment. Such a privilege was never intended to be attached by the congress of the United States to the great right of citizenship under this government. And, looking at the consequences that would ensue from a construction of the statute so as to give the party a right to a discharge in this case, the most powerful reasons exist why the law should not be construed so as to divest the Indian court of jurisdiction after it has once attached. I do not conceive that there is any trouble upon this question, as it has been many times decided by the courts of the country. In the case of U. S. v. Dawson, 15 How. 467, the principle which had been often decided before by the supreme
Reference
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- Ex parte KYLE
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- Syllabus
- 1. Indian Territory— Criminal Jurisdiction op Indians — Effect of Naturalization. If a Cherokee court has acquired jurisdiction of a case where a citizen of that country is charged with larceny, the fact that such citizen is naturalized under the following act of congress: “That any member ot any Indian Tribe or Nation, residing in the Indian Territory, may apply to the United States court therein to become a citizen of the United States, and such court shall have jurisdiction thereof, and shall hear and determine such'application as provided'in the statutes of the United States. * * * Provided, that the Indians who become citizens of the United States under the provisions of this act do not forfeit or lose any rights or privileges they enjoy, or are entitled to, as members of the Tribe or Nation to which they belong” (Act Cong. May 2, 1890),—does not, after jurisdiction has once attached, divest the court of jurisdiction. 2. Criminal. Law—Continuing Jurisdiction. When jurisdiction of a court has once vested, it is not divested by a change of circumstances. The jurisdiction depending on the condition, of a party is governed by that condition as it was at the commencement of tlie prosecution by finding the indictment. 8. Construction of Statutes. Statutes should be construed in the interest of the enforcement of laws, and, if possible, so as to protect the rights of every one subject to them, as well as the rights of communities which may he seriously affected by a wrong construction of the law. (Syllabus by the Court.)