Legal Opinion

Wisconsin v. Hitchcock

Supreme Court of the United States

Decided April 2, 1906No. 12, OriginalPublishedCited by 18 opinions

IN EQUITY. Original. The State of Wisconsin seeks by this suit to enjoin the defendant as Secretary of the Interior from interfering; in anywise, with its use, possession’or enjoyment of certain lands, embraced within the present La Pointe or Bad River and the Flambeau Indian Reservations in- that State.

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IN EQUITY. Original. The State of Wisconsin seeks by this suit to enjoin the defendant as Secretary of the Interior from interfering; in anywise, with its use, possession’or enjoyment of certain lands, embraced within the present La Pointe or Bad River and the Flambeau Indian Reservations in- that State. The State traces its title back to the act of Congress of August 6, 1846, authorizing the people of Wisconsin Territory to form a state constitution and providing for the admission of such State into'the Union. 9 Stat. 56, c. 89. The defendant Hitchcock, as Secretary of the Interior, demurred…

1Opinion of the CourtJustice Harlan

The State contends that the effect of the treaty of 1843 was that the Chippewa Indians released to the United States all of their .claim of title or interest in or to the lands therein described and each and every part thereof, and ceded the same to the United States, which thereupon became the absolute owner thereof free from any claim of said Indians; and that the State, upon its- acceptance of the conditions prescribed by the enabling act of 1846, and its admission into the Union, became vested with an absolute right in and to all the sections 16 withubsaid territory previously surveyed,…

2Cases cited2 opinions

  1. Minnesota v. HitchcockSupreme Court of the United States · 1902
  2. United States v. ThomasSupreme Court of the United States · 1894

3Cited by18 opinions

  1. Minnesota v. Mille Lacs Band of Chippewa IndiansSupreme Court of the United States · 1999
  2. United States v. MorrisonSupreme Court of the United States · 1916
  3. Lyon v. Gila River Indian CommunityCourt of Appeals for the Ninth Circuit · 2010
  4. United States v. MorrisonSupreme Court of the United States · 1916
  5. United States v. BouchardDistrict Court, W.D. Wisconsin · 1978

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