Horace Gray

“ He died in 1872, before the lands were surveyed, and was succeeded as chief by his eldest son, who had been born at Red Lake in 1828, and who was known to the whites by the same name of Moose Dung or Monsimoh, and to the Indians as Mayskokonoyay, meaning 'The one that wears the red robes;' and, ever since the making of the treaty, his father and himself, in succession, sustained tribal relations with the Red Lake band of Chippewa Indians, and that band continued to be recognized as an Indian tribe by the government of the United States. ”

“ By those two decisions it was determined that the 'reservations,' created by the treaty with the Pottawatomies of October 27, 1832, in favor of individual Indians, by the words 'the United States agree to grant' to each of them sections of land, 'which lands shall be conveyed to them by patent,' had the effect of granting a present and alienable interest to each. ”

“ It is well settled that a good title to parts of the lands of an Indian tribe may be granted to individuals by a treaty between the United States and the tribe, without any act of Congress, or any patent from the Executive authority of the United States. ”

“ The supplementary articles of September 28, 1830, to the treaty of Dancing Rabbit Creek of September 27, 1830, between the United States and the Choctaw Nation of Indians, making provision for 'various Choctaw persons,' used, as synonymous expressions, the phrases 'shall be entitled to a reservation of,' 'is allowed a reservation of,' 'there shall be granted,' 'there is given,' or 'is granted,' sections of land, either including the present residence and improvement of such persons, or to be located on any unimproved and unoccupied land. ”

“ By the 8th article, it is 'agreed that the United States shall grant to' each male adult half-breed or mixed-blood who is related by blood to these Indians, who has adopted the habits and customs of civilized life, and who is a citizen of the United States, a homestead of one hundred and sixty acres, to be selected out of the tract ceded, and in conformity with the official surveys when made. ”

“ There is no evidence in the record to show that the Indians with separate estates have not the same rights in the tribe as those whose estates are held in common.' 'As long as the United States recognize their national character, they are under the protection of treaties and the laws of Congress, and their property is withdrawn from the operation of state laws.' 5 Wall. ”

“ And it is not without significance that the other chiefs and headmen of the tribc, from whom, under the direction of the Secretary of the Interior, affidavits were likewise obtained to the relationship between ole Moose Dung and his six descendants, said nothing, and do not appear to have been asked anything, as to the right of inheritance, or as to the laws, customs, and usages of the Indians upon that subject. ”

“ According to the decisions above cited, such would be the construction of the ninth article, taken by itself, by which 'upon the urgent request of the Indians, parties to this treaty, there shall be set apart from the tract hereby ceded a reservation of six hundred and forty acres near the mouth of Thief river for the chief Moose Dung, and a like reservation of six hundred and forty acres for the chief Red Bear on the north side of Pembina river.' And this construction is fortified by other provisions of the treaty quoted at the beginning of this opinion. ”

“ Because some of those customs have been abandoned, owing to the proximity of their white neighbors, may be an evidence of the superior influence of our race, but does not tend to prove that their tribal organization is not preserved. ”

“ The report, dated March 30, 1895, of the Indian agent to the Commissioner of Indian Affairs, enclosing an affidavit, taken on that day, of Moose Dung the younger, stating that he and the two daughters, and three grandchildren above mentioned were the only legal heirs of his father, and that they were entitled to share equally with him in the estate, and were all of legal age ”

“ New York Indians v. United States, 170 U.S. 1, 42 L. ed. 927, 18 Sup. Ct. Rep. 531. The question in every case is whether the terms of the treaty are such as to manifest the intention of the parties to make a present grant to the persons named.
The Indian tribes within the limits of the United States are not foreign nations; though distinct political communities, they are in a dependent condition ”

“ It may be observed that article 6, differing in these respects from article 5, used the future tense, 'shall be granted,' and omitted the words 'in fee.' Yet in Best v. Polk (1873) 18 Wall. 112, 21 L. ed. 805, this court held that the treaty itself conferred a full title upon an Indian to whom lands were reserved by article 6, and, again speaking by Mr. ”

“ In one of the cases reported under the name of The Kansas Indians (1867) 5 Wall. 737, Blue Jacket v. Johnson County Comrs. 18 L. ed. 667, this court, reversing the judgment of the supreme court of Kansas in Blue Jacket v. ”