Edward Douglass White

Name: Spalding v. Chandler — Opinion of the Court
Author: Edward Douglass White

Spalding v. Chandler — Opinion of the Court

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“Spalding v. Chandler — Opinion of the Court”, is a work by Edward Douglass White. It explores elements such as the United States, reservation and Adsitt.

Quotes from Spalding v. Chandler — Opinion of the Court (Edward Douglass White)

Edward Douglass White, Spalding v. Chandler — Opinion of the Court

“ On April 3, 1847, pursuant to the recommendation of the secretary of the treasury, based upon a communication from the commissioner of the general land office, acting on the suggestion of the fifth auditor of the treasury, the president ordered that certain described lands in the Northern Peninsula of Michigan, or so much thereof as might be found necessary, should be reserved for public uses; and in said described land was included the N. fractional 1/2 of fractional township 47 N., of range 1 E., which embraced the Indian reserve in question, as also the site of Ft. Brady. ”

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Source: Wikisource

Edward Douglass White, Spalding v. Chandler — Opinion of the Court

“ The evidence introduced at the trial was to the effect that this tract called the 'Indian Reserve' was occupied by the Indians, to the knowledge of witnesses, from 1845 to 1885, the Indians living at first in wigwams, and latterly in log houses, and about the time of Adsitt's attempted pre-emption the Indians had at least a half dozen houses on the reserve north of the canal; those located there being employed at fishing in the rapids, or in carrying people over the rapids, and selling their catch of fish to the post, villagers, and those passing through the canal in boats. ”

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Source: Wikisource

Edward Douglass White, Spalding v. Chandler — Opinion of the Court

“ The village settlement of the whites consisted of about 15 or 20 buildings. Id. p. 132. By the third article of the treaty it was provided that 'the United States will secure to the Indians a perpetual right of fishing at the falls of St. Mary's and also a place of encampment upon the tract hereby ceded, convenient to the fishing ground, which place shall not interfere with the defenses of any military work which may be erected, nor with any private rights.' The military post of Ft. Brady was established on a part of the tract within a few years following the execution of the treaty. ”

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Source: Wikisource

Edward Douglass White, Spalding v. Chandler — Opinion of the Court

“ So, too, when a railroad is built through a section of country, the same result follows. So, too, in respect of lands which have been reserved for the use of an Indian tribe, when the Indian title is extinguished, the same may be said. While such lands are held as reserve, population flows up to their boundaries, and is there stayed. It, of course, constantly grows more and more dense, so that when the reserve is vacated the lands have increased in value, and are always eagerly sought after. ”

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Source: Wikisource

Edward Douglass White, Spalding v. Chandler — Opinion of the Court

“ The survey under the act of 1850 is known as the 'Whelply Survey.' As the map of survey indicates, the limits of the military reserve shown by the survey embraced simply the land required for the then use and occupation of the fort, and not the land reserved in 1847 by the orders of the president. The military reserve noted on the Whelpley map lay outside of, and to the east of, the Indian reserve. Pending the settlement of the claims of settlers on the lands at Sault Ste. ”

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Source: Wikisource

Edward Douglass White, Spalding v. Chandler — Opinion of the Court

“ Should they go into the hands of individuals before the canal is completed, great would be the expense to get back the land necessary for the completion of this important work.'
The village of Sault Ste. Marie was incorporated by the legislature of Michigan in 1849 (Laws Mich. 1849, pp. 336, 337) , and included within its boundaries the military reserve of Ft. Brady and the Indian reserve. ”

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Source: Wikisource

Edward Douglass White, Spalding v. Chandler — Opinion of the Court

“ On May 17, 1881, the defendant located what was known as 'Porterfield Scrip' on the particular tract in the reserve, upon which Adsitt had erected the house. Upon learning of the application for a patent, complainant recorded the deed from Adsitt, and mailed a written protest against the issuance of a patent to the land department at Washington. The commissioner of the general land office replied to Spalding, by letter of date January 18, 1882 ”

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Source: Wikisource

Edward Douglass White, Spalding v. Chandler — Opinion of the Court

“ Upon the hearing of the cause in the Chippewa circuit court, a decree was entered for the defendant, and on appeal the judgment was affirmed by the supreme court of the state. 47 N. W. 593. The cause was then brought into this court by writ of error. ”

Edward Douglass White

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