Minter v. Shirley

Citations

• 45 Miss. 376

Syllabus

<p>1. Indian tribes —how regarded bn United States in reeerence to lands occupied bn them. — The United States have recognized the Indian nations, as so far having the attributes oí sovereignty, as to be capable of making treaties and being bound by them, and as having also such title to the country occupied by them as may be granted by alienation and cession to the United States.</p> <p>2. Same — reservation oe a part erom their cession—its eeeect.— The cession of the whole was subject to the right to withhold certain parcels, which, when designated by a selection, were excluded from the grant, and held by the ancient title of the tribe quitclaimed and confirmed by the United States.</p> <p>3. United States did not have absolute title to Indian lands until extinguishment oe their title bn cession. — The various Indian treaties and the acts of congress, show that the government never regarded the absolute title to the soil as vesting in the United States, as proprietors in fee, until ceded by the Indians; nor did they undertake to dispose of them by grants for charitable uses, or to individual purchases, until the acquisition of the Indian title.</p> <p>i. Sixteenth section unoccupied and unappropriated—subject, like OTHER LAND, TO LOCATION UNDER THE SECOND ARTICLE — SUPPLEMENTAL treatn oe Dancing Rabbit Creek.—The reservation by the second article of .the treaty of Dancing Rabbit Creek to Robert Jones, of the right to locate a section upon any unoccupied and unimproved land, gave him the right to locate upon a sixteenth section which was unoccupied and unimproved, and, his assignee receiving a patent from the United States to a sixteenth section, located by virtue of his claim, acquired a good title.</p> <p>5. Patent eor land—eeeect oe its recitals—evidence oe existence OE THE CONDITIONS UPON WHICH ITS ISSUANCE DEPENDS.—The patent from the government to the assignees of Jones, “is evidence of the existence and due performance of the conditions upon which its issuan