Elk v. Wilkins

112 U.S. 94 (1884)

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Nature of the Case

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Facts

P is a person of the Indian race. He was born within the territorial limits of the United States. His parents were, at the time of his birth, members of one of the Indian tribes in this country. More than a year before his application to be registered as a voter in the city of Omaha, he had severed all relations with his tribe, and, as he alleges, fully and completely surrendered himself to the jurisdiction of the United States. P did become, a bona fide resident of the State of Nebraska. When he applied in 1880 to be registered as a voter, he possessed the qualifications of age and residence in State, county, and ward, required for electors by the Constitution and laws of that State. P sought to vote in the general city election. D refused to register P claiming that P was Indian and not an American citizen. P sued D in federal court claiming he was a citizen under the Fourteenth and Fifteenth Amendments. The court ruled for D and P appealed.