United States v. New York Indians
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This case arose from a motion by the Indians to dismiss the appeal of the United States for want of jurisdiction, or, in the alternative, to affirm the judgment of the Court of Claims, upon the ground that the question involved is so frivolous as not to need further argument; and also from a counter motion by the United States for an order upon the Courf of Claims to make a further finding of facts.
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APPEAL FROM THE COURT OF CLAIMS. This case arose from a motion by the Indians to dismiss the appeal of the United States for want of jurisdiction, or, in the alternative, to affirm the judgment of the Court of Claims, upon the ground that the question involved is so frivolous as not to need further argument; and also from a counter motion by the United States for an order upon the Courf of Claims to make a further finding of facts. By an act of Congress, passed January 28,1898, c. 52, 27 Stat. 426, the Court of Claims was authorized to hear and determine, and to enter up judgment upon the…
1Opinion of the CourtJustice Brown
As a disposition of either one of these motions will practically dispose of the other, both may properly be considered together.
The preamble to the treaty of Buffalo Creek of J anuary 28, 1838, 7 Stat. 550, recites that “ the following articles of. a treaty are entered into between the United States of America and the several tribes of the New York Indians, the names of whose chiefs, headmen and warriors are hereto subscribed, and those who may hereafter assent to this treaty in writing, within such time as the President shall appoint.” The second article of the treaty also recites thatit is…
2Cases cited14 opinions
- Roberts v. CooperSupreme Court of the United States · 1858
- Supervisors v. KennicottSupreme Court of the United States · 1877
- Stewart v. SalamonSupreme Court of the United States · 1878
- United States v. PughSupreme Court of the United States · 1879
- The Santa MariaSupreme Court of the United States · 1825
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3Cited by24 opinions
- Poodry v. Tonawanda Band of Seneca IndiansCourt of Appeals for the Second Circuit · 1996
- Crocker v. United StatesSupreme Court of the United States · 1916
- Day v. MillsMassachusetts Supreme Judicial Court · 1913
- United States v. Société Anonyme Des Anciens Establissements CailSupreme Court of the United States · 1912
- Harding v. GillettSupreme Court of Oklahoma · 1909
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