Blackfeather v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. The petitioner filed his ámended petition in the Court of Claims in August, 1892, in which he asked to recover from the United States over five hundred and thirty thousand dollars on the grounds therein set forth. There was a demurrer to the amended petition by the United States on the ground that it did not allege facts sufficient to constitute a cause of action.
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APPEAL FROM THE COURT OF CLAIMS. The petitioner filed his ámended petition in the Court of Claims in August, 1892, in which he asked to recover from the United States over five hundred and thirty thousand dollars on the grounds therein set forth. There was a demurrer to the amended petition by the United States on the ground that it did not allege facts sufficient to constitute a cause of action. The demurrer was sustained, 37 0. Cl. 233, and the plaintiff has appealed to this court. . In his petition the petitioner represents himself as a Shawnee Indiah by blood and descent, a member and the…
1Opinion of the CourtJustice Peckham
The duty of this court is simply to construe the acts of Congress of 1890 and 1892. The Court of Claims has no jurisdiction of the subject matter of this petition, unless it is conferred by one or the other of the above acts. The moral obligations of the Government toward the Indians, whatever they may be, are for Congress alone to recognize, and the courts can exercise only such jurisdiction over the subject as Congress may confer upon them.
Upon examination of the act of 1890, it appears that jurisdiction is conferred upon the Court of Claims to hear and determine what are the just rights in…
2Cases cited1 opinion
- United States v. BlackfeatherSupreme Court of the United States · 1894
3Cited by39 opinions
- Robert Hardin v. City Title & Escrow CompanyCourt of Appeals for the D.C. Circuit · 1986
- Laura Hebah, Administratrix, in the Matter of the Estate of Robert Hebah, Deceased v. The United StatesUnited States Court of Claims · 1970
- Dry v. United StatesCourt of Appeals for the Tenth Circuit · 2000
- United States v. BoeCourt of Customs and Patent Appeals · 1976
- Klamath & Moadoc Tribes of Indians v. United StatesSupreme Court of the United States · 1935
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