Legal Opinion

Delaware Indians v. Cherokee Nation

Supreme Court of the United States

Decided February 23, 1904No. 240PublishedCited by 34 opinions

APPEAL FROM THE COURT OF CLAIMS. The facts are stated in the opinion of the court.

1Opinion of the Court

Mr. Justice. Day

delivered the opinion of the court.

On June 28, 1898, the Congress of the United States passed an act entitled “An act for the protection of the people of the Indian Territory and other purposes.” 30 Stat. 495. By the twenty-fifth section of the act it is- provided:

“That before any allotment shall be made of lands in the Cherokee Nation, there shall be segregated therefrom by the commission heretofore mentioned, in- separate allotments or otherwise, the one -hundred and fifty-seven thousand six hundred acres purchased by the Delaware tribe of Indians' from the Cherokee Nation…

2Cases cited4 opinions

  1. Worcester v. GeorgiaSupreme Court of the United States · 1832
  2. Cherokee Nation v. HitchcockSupreme Court of the United States · 1902
  3. Cherokee Nation v. JourneycakeSupreme Court of the United States · 1894
  4. The Cherokee Trust FundsSupreme Court of the United States · 1886

3Cited by34 opinions

  1. Delaware Tribal Business Committee v. WeeksSupreme Court of the United States · 1977
  2. Shulthis v. McDougalCourt of Appeals for the Eighth Circuit · 1909
  3. United States v. Southern Ute Tribe or Band of IndiansSupreme Court of the United States · 1971
  4. Whitefoot v. United StatesUnited States Court of Claims · 1961
  5. United States v. JimSupreme Court of the United States · 1973

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