American Indian Categorization

Beginning of the Census

The framers of the U.S. Constitution provided for a decennial census for the purposes of taxation and congressional representation. The first census was to be taken within three years after the adoption of the Constitution in 1787. American Indians were the only people whose race was mentioned in the wording of the census. Whites and blacks were mentioned by inference. Whites were to be counted in full and slaves were to be counted at three-fifths of their actual number. The special status of black enslaved people was a compromise so that the southern states would have a higher population for congressional representation purposes. “Indians not taxed” was used to describe the only people who were to be excluded from the census.

The phrase was not defined but was clearly understood to refer to American Indians that lived in a tribal setting. Some had already left their tribal habitat and begun living in settings similar to whites, often in or near white settlements. Some who were not excluded were married to non-Indians. These people were not to be excluded from taxation and, therefore, would have been subject to counting in the census. Indian tribes were, for many purposes, considered sovereign nations. Having this status led to the treaties entered into between the United States and the various tribes. As members of these sovereign tribes, the numbers of American Indians were not considered to be significant for the purposes for which the census would be used.

For the most part from 1790 to 1840, only names of heads of households were given. The ages of other family members were then listed. For these same years, there are no reported results for the number of “taxed Indians.” No instructions were given for counting or identifying Indians. There were no forms provided to the marshals who gathered the census information until 1830. It was almost as if Indians did not exist, according to the census. The first census in 1790 simply [Page 15]required the name of the head of the household, number of free white males 16 and older; the same group, younger than 16; free white females and other free persons; and those who were enslaved. What few taxed Indians who were counted were recorded under the “other persons” category.

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