Why were tax-paying indigenous people denied American citizenship for decades?
In short: In the United States, citizenship is a prerequisite for voting, yet for much of the 19th century, the law was used to exclude entire populations. Even those who fulfilled civic duties like paying taxes found themselves legally barred from the rights of citizenship and political participation.
The evolution of American voting rights is a complex history of state and federal regulation. When the U.S. Constitution was established in 1789, it did not set specific voting rights, leaving that power to individual states. Consequently, most states restricted voting to white male landowners. Even as laws shifted—such as in 1856, when North Carolina became the last state to eliminate property requirements for white men—the path to full civic inclusion remained narrow and highly selective.
The 19th century saw significant legislative shifts regarding who could belong to the American body politic. The Naturalization Law of 1790 limited citizenship to 'free white' immigrants, while the Civil Rights Act of 1866 attempted to grant citizenship to all persons born in the U.S. regardless of color. However, this act specifically excluded indigenous people who did not pay taxes. While the 14th Amendment later enshrined citizenship for all persons born or naturalized in the U.S., it did not guarantee the right to vote.
The legal status of indigenous people faced a major setback in 1876. In the case of Elk v. Wilkins, the Supreme Court ruled that Native Americans were not citizens under the definition of the 14th Amendment, even for those who were tax-paying. This meant that despite various amendments intended to secure rights for freed slaves and others, the political participation of indigenous populations remained legally contested and restricted by the judicial system.
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Sources
- Summary by Intellect · source: Citizenship and voting rights of indigenous people | Citizenship | High school civics | Khan Academy
- Also: History of Voting in America - Voting and Civic Engagement - Guides at University of North Texas
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