United States ex rel. Gordon v. Crook

Citations

• 179 F. 391
• 1875 U.S. Dist. LEXIS 25

Syllabus

<p>1. Indians (§ 12*) — Treaty Creating Reservation — Requirement of Ratification by “Congress.”</p> <p>The term “Congress,” as used in an act appointing a commission to negotiate a treaty with Indians “subject to the action of the Senate,” and to select a district or districts of country, “said district or districts when so selected and the selection approved by Congress” to be and remain a permanent home for the Indians to be located therein, means the lawmaking branch of the government, and the approval of both Houses was necessary to create a valid reservation of the district so selected.</p> <p>[Ed. Note. — For other cases, see Indians, Dee. Dig. § 12.*</p> <p>For other definitions, see Words and Phrases, vol. 2, p. 1432; vol. 8, p. 7611.]</p> <p>2. Indians (§ 12*) — Indian Country — Construction of Treaty.</p> <p>The treaty made by commissioners with the Sioux Indians April 29, 1868 (15 Stat. 635), under authority of an act of Congress empowering-the commission to select as a reservation “a district or districts of country * * * to which the government has the right of occupation or to which said commissioners can obtain the right of occupation,” and which, in addition to the designation of a reservation described by boundaries, further provided, in article 16, that “the country north of the North Platte river and east of the summits of the Big Horn Mountains shall he held and considered to be unceded Indian territory,” and that no white person shall be permitted to settle upon or occupy any portion of the same, or to pass through it without the consent of the Indians, did not include in such unceded territory any land within the state of Nebraska.</p> <p>[Ed. Note. — For other cases, see Indians, Dec. Dig. § 12.*]</p> <p>3. Indians (§ 32*) — Persons and 'Property Unlawfully in Indian Country — Authority of Military.</p> <p>Rev. St. §§ 2147, 2150, 2151, authorize the military forces of the United States by direction of the President to be employed to prevent t