United States v. Cook
Supreme Court of the United States
On certificate of division in opinion between the.judges of the Circuit Court for the Eastern District of Wisconsin. The Menomonee Indians by agreement and treaty, negotiated on the 8th and 17th February, 1831, set apart and ceded to the United States certain of their lands in Wisconsin as a home for such of the New York Indians as might remove to and settle upon them.
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On certificate of division in opinion between the.judges of the Circuit Court for the Eastern District of Wisconsin. The Menomonee Indians by agreement and treaty, negotiated on the 8th and 17th February, 1831, set apart and ceded to the United States certain of their lands in Wisconsin as a home for such of the New York Indians as might remove to and settle upon them. As the lands were intended for a home for the New York Indians, it w>as provided that the President should prescribe the time for the removal of the Indians to and settlement upon them, and, at the expiration of the time,…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
We think the action was properly brought,-and that it may be maintained.
The right of the Indians in the land from wdiich the logs were taken was that of occupancy alone. They had no power of alienation except to the United States. The fee was in the United States, subject only to this right of occu pancy. This is the title by which other Indians hold their lands. It was so decided by this court as early as 1823, in Johnson v. McIntosh. * The authority of that case has never been doubted. † The right of the Indians to their occupancy is as…
2Cited by95 opinions
- United States v. MitchellSupreme Court of the United States · 1983
- United States v. MitchellSupreme Court of the United States · 1980
- White Mountain Apache Tribe v. BrackerSupreme Court of the United States · 1980
- Lone Wolf v. HitchcockSupreme Court of the United States · 1903
- Jones v. MeehanSupreme Court of the United States · 1899
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