“ We assent to the premise, but not to the conclusion. The words of the proviso are 'in pursuance of any law heretofore enacted.' We do not doubt that, rightly understood, they include a prior treaty as well as a prior statute. But we think it would be a perversion of both their natural import and their spirit to hold that they include either a subsequent treaties subsequent statute. Of course, all treaties and statutes of the United States are based on the Constitution ”

“ By a treaty made in 1863 six of the reservations, including the Mille Lac, but not the Leech Lake, the Winnibigoshish, or the Cass Lake, were ceded to the United States, and a large reservation surrounding the Leech Lake, the Winnibigoshish, and the Cass Lake Reservations, was set apart as 'future homes' for the Indians then on the ceded reservations. ”

“ On the contrary, her statutes enacted since the amendment and the published reports of her officers show that she adopted and proceeded to carry out extensive reclamation plans applicable to all swamp lands within her limits, that she and her municipal subdivisions expended many millions of dollars in this work, and that they are still proceeding with it. But, apart from this, the contention must fail. It rests on an erroneous conception of the effect and operation of the provision relied on, as is shown in repeated decisions of this court. ”

“ On principle, as also out of due regard for the administrative practice, we think the election by the state Legislature, approved by the Governor as it was, was a timely and continuing compliance with the requirement in the second section of the act of 1860. ”

“ The words 'be, and the same hereby are, extended,' in the principal provision, and the words 'the grant hereby made,' in the proviso, signify an immediate extension to these new states of the grant in praesenti made to other states in 1850. ”

“ The judgment of the state as to the necessity is paramount, and any application of the proceeds by the state to any other object is to be taken as the declaration of its judgment that the application of the proceeds to the reclamation of the lands is not necessary.'
'If the power exists anywhere to enforce any provisions attached to the grant, it resides in Congress, and not in the court.'
The same principles have been applied in later and related cases. Stearns v. Minnesota, 21 S.C.t. 73, 179 U.S. 223, 231, 45 L. Ed. 162; Alabama v. Schmidt, 34 S.C.t. 301, 232 U.S. 168, 58 L. Ed. 555 ”