David Josiah Brewer

“ At the time, therefore, that the later treaty took effect, the Ottawa Indians had, it is contended, under and by virtue of the earlier treaty, become citizens, not only of the United States, but also of the state of Kansas, and hence the United States had no power to enter into treaty with them, citizens of a state, without the consent of that state. The Nation could not, without the consent of the state, withdraw citizens of the state from its jurisdiction. ”

“ It must be borne in mind that the proceeding in the state court was not in any sense one in partition, or an equitable suit to determine relative rights in a single tract, but was a legal action to recover possession, against which was set up simply an alleged legal title in defeat thereof. ”