Legal Opinion

United States v. Tom

Oregon Supreme Court

Decided December 15, 1853PublishedCited by 7 opinions

Adjourned from Clackamas. Tom, an Indian, was indicted, at the last term of the District Court for Clackamas County, for selling liquor to the Indians. A motion was made to quasb the indictment, on the ground that Oregon was not Indian country, and the United States law of 1831 inapplicable.

1Opinion of the Court

Williams, O. J.

The question is not free from doubt or difficulty. Oregon is generally supposed to be a part of the Indian country named in the act of Congress of June 30th, 1831; but such is not the ease.

Great Britain and the United States made a treaty in 1818, by which the northern boundary of the latter was extended west on the 19th parallel of north latitude to the Stony Mountains ; and the territory beyond this was described as country to be held in the joint occupation of the two powers.

The Eocky Mountains then was the western boundary of the United States for legislative purposes, and…

2Cited by7 opinions

  1. Palmore v. United StatesSupreme Court of the United States · 1973
  2. United States v. LeathersDistrict Court, D. Nevada · 1879
  3. United States v. Shaw-MuxDistrict Court, D. Oregon · 1873
  4. Hayt v. United StatesUnited States Court of Claims · 1903
  5. Palmore v. United StatesSupreme Court of the United States · 1973

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