New York Indians v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This was a petition by the Indians, who were parties to the treaty of Buffalo Creek, N.ew York, off January 15, -T838, 7 Stat. 550, to enforce an alleged liability of tbe United States for 'the value of certain lands in Kansas, set apart for these Indians, and subsequently sold by the United States, as well as for certain amounts of money agreed to be paid upon-their removal.
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APPEAL FROM THE COURT OF CLAIMS. This was a petition by the Indians, who were parties to the treaty of Buffalo Creek, N.ew York, off January 15, -T838, 7 Stat. 550, to enforce an alleged liability of tbe United States for 'the value of certain lands in Kansas, set apart for these Indians, and subsequently sold by the United States, as well as for certain amounts of money agreed to be paid upon-their removal. These claims were referred, under the act of March 3, 1883, known as the “Bowman Act,” to the Court of Claims. That court reported its findings to the Senate, January 16, 1892, and…
1Opinion of the CourtJustice Brown
The facts in this case are somewhat complicated, but the real question involved is whether the cessions of the Kansas lands to these Indians ever took complete effect, or whether ■the failure, or rather the refusal, of the Indians to remove to tbe lands- set apart for them within five years,- worked ipso faoto, under the third article of the treaty, a forfeiture of their interest.
1." So far as concerns the legal aspects of the case,- it is unnecessary to inquire whether the. government received from the Indians an adequate consideration for. its reservation to them of the lands in Kansas. The…
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