25 U.S.C. § 185 — Protection of Indians desiring civilized life

Page 50 TITLE 25—INDIANS § 181 Editorial Notes CODIFICATION R.S. § 2118 derived from act June 30, 1834, ch. 161, § 11, 4 Stat. 730. § 181. Rights of white men marrying Indian women; tribal property No white man, not otherwise a member of any tribe of Indians, who may after August 9, 1888, marry an Indian woman, member of any Indian tribe in the United States, or any of its Terri- tories except the Five Civilized Tribes in the In- dian Territory, shall by such marriage after Au- gust 9, 1888, acquire any right to any tribal prop- erty, privilege, or interest whatever to which any member of such tribe is entitled. (Aug. 9, 1888, ch. 818, § 1, 25 Stat. 392.) § 182. Rights of Indian women marrying white men; tribal property Every Indian woman, member of any such tribe of Indians, who may be married after Au- gust 9, 1888, to any citizen of the United States, is hereby declared to become by such marriage a citizen of the United States, with all the rights, privileges, and immunities of any such citizen, being a married woman: Provided, That nothing in sections 181 to 183 of this title con- tained shall impair or in any way affect the right or title of such married woman to any tribal property or any interest therein. (Aug. 9, 1888, ch. 818, § 2, 25 Stat. 392.) § 183. Marriage of white men to Indian women; evidence Whenever the marriage of any white man with any Indian woman, a member of any such tribe of Indians, is required or offered to be proved in any judicial proceeding, evidence of the admis- sion of such fact by the party against whom the proceeding is had, or evidence of general repute, or of cohabitation as married persons, or any other circumstantial or presumptive evidence from which the fact may be inferred, shall be competent. (Aug. 9, 1888, ch. 818, § 3, 25 Stat. 392.) § 184. Rights of children born of marriages be- tween white men and Indian women All children born of a marriage solemnized prior to June 7, 1897, between a white man and an Indian woman by blood and not by adoption, where said Indian woman was on that date, or was at the time of her death, recognized by the tribe, shall have the same rights and privileges to the property of the tribe to which the mother belongs, or belonged at the time of her death, by blood, as any other member of the tribe, and no prior Act of Congress shall be construed as to debar such child of such right. (June 7, 1897, ch. 3, 30 Stat. 90.) § 185. Protection of Indians desiring civilized life Whenever any Indian, being a member of any band or tribe with whom the Government has or shall have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the lands belonging to his tribe allotted to him in severalty, in pursu- ance of such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet en- joyment of the lands so allotted to him. (R.S. § 2119.) Editorial Notes CODIFICATION R.S. § 2119 derived from act June 14, 1862, ch. 101, § 1, 12 Stat. 427. Statutory Notes and Related Subsidiaries INDIAN AGENTS The services of Indian agents have been dispensed with. See note set out under section 64 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 186. Repealed. May 21, 1934, ch. 321, 48 Stat. 787 Section, R.S. § 2120, related to trespassing on lands of civilized Indians. § 187. Omitted Editorial Notes CODIFICATION Section, R.S. § 2121, which directed the Super- intendent of Indian Affairs to suspend a trespasser (as described in section 186 of this title) who is the chief or headman of a band or tribe from his office for 3 months and to deprive him of all benefits and emoluments of such office during that time but allowed the Super- intendent to restore him to his office sooner if the Su- perintendent should so decide, was omitted in view of the repeal of section 186 of this title. §§ 188, 189. Repealed. Oct. 31, 1951, ch. 654, § 1(49), (50), 65 Stat. 703 Section 188, R.S. § 2122, related to sale of buildings be- longing to United States. Section 189, R.S. § 2123, related to sale of lands with buildings. § 190. Sale of plants or tracts not needed for ad- ministrative or allotment purposes Subject to applicable regulations under chap- ters 1 to 11 of title 40 and division C (except sec- tions 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41, the Sec- retary of the Interior is authorized in his discre- tion to sell and convey by deed or patent, under such terms and conditions as he may prescribe, at not less than their appraised value, non- reservation Government tracts or plants or trib- al administrative plants or reserves, or parts thereof, not exceeding forty acres in area and not exceeding $2,000 in value, not longer needed