Legal Opinion

Cherokee Nation v. United States

United States Court of Claims

Decided March 20, 1905No. Nos. 23199, 23214, 23212PublishedCited by 6 opinions

The Reporters'1 statement of the case: The following are the facts of the case as agreed upon by the parties and accepted and found by the court: I. Section 68 of the act of Congress of July 1, 1902, entitled “An act to provide for the allotment of the lands of the Cherokee Nation and for the disposition of town sites therein described, and for other purposes ” (32 Stat. L., 726), is as follows: “ Jurisdiction is hereby conferred upon the Court of Claims to examine,…

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The Reporters'1 statement of the case: The following are the facts of the case as agreed upon by the parties and accepted and found by the court: I. Section 68 of the act of Congress of July 1, 1902, entitled “An act to provide for the allotment of the lands of the Cherokee Nation and for the disposition of town sites therein described, and for other purposes ” (32 Stat. L., 726), is as follows: “ Jurisdiction is hereby conferred upon the Court of Claims to examine, consider, and adjudicate, with a right of appeal to the Supreme Court of the United States by any party in interest feeling…

1Opinion of the Court

Nott, Ch. J.,

delivered the opinion of the court:

In December, 1891, the United States and the Cherokee Nation entered into an agreement for the purchase and sale of a great tract in the Indian Territory known as the Cherokee Outlet. At the time of this negotiation the Cherokees had a grievance against the United States — a grievance which had burned in the breasts of two generations, and had never been forgiven or forgotten. That grievance was the treaty of 1835, commonly known as the treaty of New Echota' — the corrupt method bjr which it had been procured, the ruthless means by which it had…

2Cases cited3 opinions

  1. Western Cherokee Indians v. United StatesUnited States Court of Claims · 1891
  2. Journeycake v. Cherokee NationUnited States Court of Claims · 1893
  3. Whitmire v. Cherokee NationUnited States Court of Claims · 1895

3Cited by6 opinions

  1. United States v. Sioux Nation of IndiansSupreme Court of the United States · 1980
  2. McGhee v. Creek NationUnited States Court of Claims · 1952
  3. Western (Old Settler) Cherokee Indians ex rel. Owen v. United StatesUnited States Court of Claims · 1950
  4. Eastern or Emigrant Cherokees v. United StatesUnited States Court of Claims · 1935
  5. Western or Old Settler Cherokees v. United StatesUnited States Court of Claims · 1936

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