Danzell v. Webquish
Massachusetts Supreme Judicial Court
Appeal by thé minor children of Deborah Danzell and of Mary Perry from a decree of the judge of probate, under the St. of 1869, g. 463, § 3, for the division of the lands held in common and belonging to the Herring Pond tribe of Indians.
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Appeal by thé minor children of Deborah Danzell and of Mary Perry from a decree of the judge of probate, under the St. of 1869, g. 463, § 3, for the division of the lands held in common and belonging to the Herring Pond tribe of Indians. The judge of probate ordered the division to be made equally among all persons, whether of full age or minors, of Indian descent, residing at Herring Pond, or who were born there, although now residing elsewhere ; including Deborah Danzell and her sister Mary Perry, who were bom on those lands of Indian parents, and whose mother, Clarissa Joseph, was an…
1Opinion of the CourtGray, J.
The remnants of the Indian tribes, residing within the limits of the Commonwealth, having never been recognized by any treaties or executive or legislative acts of the government of the United States as independent political communities, were under the control of the legislature of the state. Worcester v. Georgia, 6 Pet. 515, 580, 590, 593. United States v. Holliday, 3 Wallace, 407, 419. The Kansas Indians, 5 Wallace, 737. United States v. Yellow Sun, 1 Dillon, 271. By the law of Massachusetts, until very recently, these Indians were not subjected to taxation, nor endowed with the ordinary…
2Cases cited7 opinions
- Worcester v. GeorgiaSupreme Court of the United States · 1832
- Johnson & Graham's Lessee v. McIntoshSupreme Court of the United States · 1823
- Strong v. WatermanNew York Court of Chancery · 1845
- Commonwealth v. PowellCourt of Appeals of Kentucky · 1859
- Jackson ex dem. Smith v. GoodellNew York Supreme Court · 1822
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Elk v. WilkinsSupreme Court of the United States · 1884
- Piper v. Big Pine School DistrictCalifornia Supreme Court · 1924
- CoombsMassachusetts Supreme Judicial Court · 1879
- Pells v. WebquishMassachusetts Supreme Judicial Court · 1880
- Anderson v. MathewsCalifornia Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.