by John Marshall Harlan, Wisconsin v. Hitchcock — Opinion of the Court
“ It appeared that previous to the alleged murder, namely, in 1859, the section upon which the crime was committed had been settled, platted, and set apart by the United States as a part and parcel of said reservation, and was continuously thereafter occupied by the Indians as such, although claimed and sold by the state as and for a part of the school land ceded to it by the act of Congress. ”
by John Marshall Harlan, Wisconsin v. Hitchcock — Opinion of the Court
“ As it will be seen by the treaty of 1842, ratified in 1843, which was previous to the enabling act, the Indians stipulated for the right of occupancy to the lands. That right of occupancy gave them the enjoyment of the lands until they were required to surrender it by the President of the United States, which requirement was never made. Whatever right the state of Wisconsin acquired by the enabling act to the sixteenth section was subordinate to this right of occupancy for which the Indians stipulated. ”
by John Marshall Harlan, Wisconsin v. Hitchcock — Opinion of the Court
“ By that treaty the Chippewas ceded a large portion of their territory, previously retained in Wisconsin and elsewhere, and provision was made in consideration thereof for the formation of permanent reservations for their benefit, each to embrace three full townships, and their boundaries to be established under the direction of the President. ”
