The provisions in article 12 of the Medicine Lodge treaty of 1867 with the Kiowa and Comanche Indians to the effect that no treaty for the cession of any part of the reservation therein described, which may be held in common, shall be of any force or validity as against the Indians unless executed and signed by at least three fourths of all the adult male Indians occupying the same, cannot be adjudged to materially limit and qualify the controlling authority of Congress in respect to the care and protec- tion of the Indians and to deprive Congress, in a possible emergency, when the necessity might be urgent for a partition and disposal of the tribal lands, of all power to act if the assent of three fourths of all the male Indians could not be obtained. APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. vouz judgments, provisions of the Constitution of the United States which would have been available if pleaded or otherwise presented in the state courts as a defence m the proceedings in the original action to defeat the recovery of a valid judgment, cannot, when the opportunity has not been availed of and the judgment has become a finality, be resorted to as establishing that in fact the judgment possessed no binding force or efficacy whatever. In… Treaty, TreatyĪ compact made between two or more independent nations with a view to the publicwelfare.Ī treaty is an agreement in written form between nati… Indian Education, Education, IndianĮDUCATION, INDIAN.LONE WOLF v. Richard Henry Pratt, an army officer on the southern Plains, made an interesting observation in the late nineteenth centu… United States Supreme Court Decisions, The Cherokee nation, located in the state of Georgia, sought to remain on its territory and be viewed legally as an independent, sovereign nation. Established in 1863 and running through some of the richest game lands on the Northe… Bureau Of Indian Affairs, The Bureau of Indian Affairs (BIA) is the federal agency responsible for administering policies for Indian nations and communities. Treaty Of Laramie Fort, LARAMIE, FORT, TREATY OF (1868) See also Dawes General Allotment Act Indian Treaties. Lincoln: University of Nebraska Press, 1984. The Great Father: The United States Government and the American Indian. Lincoln: University of Nebraska Press, 1994. "Hitchcock": Treaty Rights and Indian Law at the End of the Nineteenth Century. Throughout the twentieth century, Congress passed numerous acts that violated Indian treaties, including the termination era laws of the 1950s and the 1960s, which attempted to "terminate" the federal trust status of Indian lands and communities. Placing Indian affairs under the power of Congress, the Supreme Court set the landmark precedent that treaties were not immune from congressional acts. Hitchcock, the Supreme Court affirmed the rulings of the lower courts and ruled that Congress has "the power … to abrogate the provisions of an Indian treaty" and that Article 12 of the Medicine Lodge Treaty did not protect the Kiowa-Comanches from congressional rulings. Government agencies lacked the signatures of a three-fourths majority of Indians, and Lone Wolf and other Kiowa-Comanche landholders who had lost access to their treaty lands following allotment sued. With the passing of the Dawes General Allotment Act of 1887, Congress systematically attacked the communal land base of all Indian reservations, and in Indian Territory government agents pressured Comanche and Kiowa groups to allot their reservation lands. Article 12 of the treaty states that no further land cessions would occur "unless executed and signed by at least three fourths of all the adult male Indians" within the reservation and that no individuals would lose access to their existing treaty lands. Following increased white migration and conflict, the Kiowas and Comanches signed the Treaty of Medicine Lodge in 1867, which created a sizable reservation for them in Indian Territory. The Kiowas and Comanches dominated the southern Plains for much of the Spanish, Mexican, and early American periods. Hitchcock, the Supreme Court undermined the legal supremacy of Indian treaties and placed Indian affairs under the plenary power of the U.S. Once ratified by Congress, treaties became law, the foundation for Indian rights. Treaties between the federal government and Indian nations became the primary mechanism for adjudicating differences, ending wars, and ceding lands. Constitution places American Indian affairs and policies solely in the hands of the federal government, and throughout the nineteenth century the Supreme Court rearticulated and affirmed this "government to government" relationship.
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