The 1866 Civil Rights Act defined citizenship for all persons born in the U.S. except "Indians not taxed." This phrase, while not explicitly defined within the law, excluded Native Americans who were not subject to U.S. taxation and jurisdiction. The Act aimed to grant citizenship and equal rights to formerly enslaved people, but it did not extend these rights to all Native Americans.
Here's a more detailed explanation:
- The Act declared that all persons born in the United States, "and not subject to any foreign power, excluding Indians not taxed," were citizens.
- This phrase, common in 19th-century legislation, referred to Native Americans living under tribal authority and not subject to U.S. laws and taxation.
- The Act's primary focus was to ensure citizenship and equal rights for formerly enslaved African Americans, but it simultaneously excluded a significant portion of the Native American population from these protections.
- The Fourteenth Amendment, ratified in 1868, later addressed citizenship for all persons born or naturalized in the United States, further clarifying the issue of citizenship for Native Americans.