Smith v. Stevens
Supreme Court of the United States
Error-to the Supreme Court of the State of Kansas, the case being thus,: By treaty of June 3d, 1825,* the United States concluded a treaty with the Kansas Indians, containing mutual cession's of territory.
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Error-to the Supreme Court of the State of Kansas, the case being thus,: By treaty of June 3d, 1825,* the United States concluded a treaty with the Kansas Indians, containing mutual cession's of territory. The sixth article of the treaty contained a provision that there should be reserved for the benefit of each of the half-breeds of the Kansas Indians named in it (Victoria Smith being one of them), a certain specified allotment of land out of the quantity ceded by the- nation to the United States; to be located, &c.' By the eleventh article of the treaty it was stipulated that “the said…
1Opinion of the CourtJustice Davis
The eleventh article of the treaty of 1825 contains a stipu- • lation, that the nation shall not sell the specified allotment of lauds reserved for the benefit of each of the half-breeds named in it (Victoria Smith being one of them) without the permission of the government; and it would seem.-that the contracting parties intended this prohibition to apply to the individual members of the tribe, for, if it were not so, the policy which dictated the restriction would be in danger of being defeated altogether.
It is, however, not necessary, for the purposes of this suit, to decide this point, as…
2Cited by37 opinions
- Jones v. MeehanSupreme Court of the United States · 1899
- Kansas City v. J. I. Case Threshing MacHine Co.Supreme Court of Missouri · 1935
- Pickering v. LomaxSupreme Court of the United States · 1892
- Stevens v. ElliottSupreme Court of Oklahoma · 1911
- Heidelberg v. St. Francois CountySupreme Court of Missouri · 1889
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