Legal Opinion

Red Bird v. United States

Supreme Court of the United States

Decided November 5, 1906No. Nos. 125, 126, 127 and 128PublishedCited by 21 opinions

APPEALS FROM THE COURT OF CLAIMS. The subject matter of .this suit consists of 4,420,406 acres of land in' the Cherokee country about to be allotted among the Cherokee people entitled to participateyin the distribution of the common property of the Cherokee Nation. The case was transmitted to' the Court of Claims by the Secretary of the.

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APPEALS FROM THE COURT OF CLAIMS. The subject matter of .this suit consists of 4,420,406 acres of land in' the Cherokee country about to be allotted among the Cherokee people entitled to participateyin the distribution of the common property of the Cherokee Nation. The case was transmitted to' the Court of Claims by the Secretary of the. Interior on the twenty-fourth of February, 1903, the nature of the controversy being thus staoed: “A-controversy has arisen as to the ;.;• hi..’ rf '¡ají sons intermarried with Cherokee citizens, and a protest has been filed with this Department on behalf of…

1Opinion of the CourtChief Justice Fuller

Article 1 of the treaty of 1846 declared “ that the lands now occupied by the Cherokee Nation shall be secured to the *81whole Cherokee people for their common use and benefit,” and article 4, that these lands “shall be and remain the common property of the whole Cherokee people.”

Section 2 of article 1 of the Cherokee’ constitution (1839) provided that “the lands of the Cherokee Nation shall remain common property.”

The amendments of 1866 (Art. 1, sec. 2) declared that the lands of the Cherokee Nation “shall remain common property until the National Council shall request the survey and allotment…

2Cases cited2 opinions

  1. Stephens v. Cherokee NationSupreme Court of the United States · 1899
  2. Cherokee Nation v. JourneycakeSupreme Court of the United States · 1894

3Cited by21 opinions

  1. Cherokee Intermarriage CasesSupreme Court of the United States · 1906
  2. Jefferson v. CookSupreme Court of Oklahoma · 1916
  3. Chicago, M. & St. P. Ry. Co. v. MooreCourt of Appeals for the Eighth Circuit · 1909
  4. IN THE MATTER OF M.K.T.Supreme Court of Oklahoma · 2016
  5. Cherokee Nation v. NashDistrict Court, District of Columbia · 2017

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