Spalding v. Chandler
| Decision Date | 06 January 1896 |
| Docket Number | No. 86,86 |
| Citation | 40 L.Ed. 469,160 U.S. 394,16 S.Ct. 360 |
| Parties | SPALDING v. CHANDLER |
| Court | U.S. Supreme Court |
J. C. Donnelly and A. C. Raymond, for plaintiff in error.
John H. Goff, for defendant in error.
Plaintiff in error, by a bill in equity filed in the circuit court of the county of Chippewa, state of Michigan, sought to have a trust declared in his favor in certain lands at Sault Ste. Marie, Mich., at one time a part of what was known as the 'Indian Reserve,' which land had been patented by the United States to the defendant, and to have the defendant ordered to execute a conveyance of the legal title.
The facts in the case, as developed upon the trial, were as follows: On June 26, 1820 (7 Stat. 206), the Chippewa tribe of Indians ceded to the United States 16 square miles of land. The tract ceded commenced at the Sault, and extended 2 miles up, and the same distance down, the river, with a depth of 4 miles, including a portage, the site of the village of Sault Ste. Marie, and the old French fort. Schoolcraft's American Lakes, p. 140. One of the objects of the expedition which effected the signing of the treaty was to prepare the way for an American garrison at the Sault. Id. p. 135. At the time of the signing of the treaty there were about 40 lodges of Chippewa Indians, containing a population of about 200 souls, resident at the Sault, who subsisted wholly upon the whitefish, which were very abundant at the foot of the falls, near by the village. Id. p. 133. 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.
On March 28, 1836 (7 Stat. 491), the Ottawa and Chippewa Nations ceded to the United States a large tract of territory, including in its general limits the 16 square miles above mentioned. By article 3 of this treaty the right of fishing and encampment was preserved to the Indians in the following words: 'It is understood that the reservation for a place of fishing and encampment, made under the treaty of St. Mary's, of the 16th of June, 1820, remains unaffected by this treaty.' In 1845, under the directions of the surveyor general for the Northwest Territory, a survey was made at Sault Ste. Marie; and upon the map of said survey was noted the territory occupied by the military, as shown by the stockade or high posts around such occupation, and also the ground then in the occupation of the Indians under the treaty of 1820, and each of said reservations were respectively noted upon the map as the 'Military Reserve' and the 'Indian Reserve.' At the time of the making of the survey of 1845, there was no occupation of the Indian reserve, other than by Indians, and a raceway bounded the reserve on the south.
By an act approved March 1, 1847 (9 Stat. 146), congress established the Lake Superior land district in Michigan, embracing therein, among other land, the territory ceded by the Chippewas under the treaty of 1820, and provision was made for a geological survey and examination of the lands therein. It was provided in the closing sentence of section 2 that all nonmineral lands within said district should 'be sold in the same manner as other lands under the laws now in force for the sale of the public lands, excepting and reserving from such sales section sixteen in each township for the use of schools, and such reservations as the president shall deem necessary for public uses.'
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.
On August 25, 1847, as the result of a report of Brig. Gen. Brady, commanding the Fourth military department, the acting secretary of war made application to the commis- sioner of the general land office 'to cause to be reserved from sale the sections colored in red on the inclosed plat, embracing sections 4, 5, and 6 of township 47, range 1 east, and an additional tract adjoining the lastnamed section on the west, not designated by number on the plat.' On August 27, 1847, the commissioner wrote to the secretary of the treasury, calling his attention to the fact that sections 4, 5, and 6 of township 47 N., range 1 E., had been reserved for public uses by the president on April 3, 1847, and requested that the secretary make application 'to the president for an order for the reservation of fractional sections 1 and 2, township 47 north, range 1 west, under the same act, for the use of Fort Brady.' On August 30, 1847, this communication was transmitted to the president by the secretary of the treasury, together with a diagram exhibiting the location of the lands, and the president was asked to give his sanction to the proposed reservation. The request was complied with. Sections 1 and 2, township 47 N., range 1 W., lay to the westward of the Indian reserve; and the military post, as then occupied, was east of the Indian encampment.
The report of Gen. Brady, above referred to, accompanied a plat prepared under his direction by Lieut. Westcott, commandant at Ft. Brady, of land which had been surveyed for military purposes. Gen. Brady stated in his report:
'In making this reserve, I kept in view the probability that some day the government might build there a permanent 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.
This act of incorporation was repealed in 1851, but while in force, to wit, on September 26, 1850, an act was approved (9 Stat. 469) which provided for the examination and settlement of claims for land at the Sault Ste. Marie in Michigan. By section 2 of the act the commissioner of the general land office was authorized to cause the register and receiver of the land office at Sault Ste. Marie to be furnished with a map, on a large scale, of the lines of the public surveys at the Sault Ste. Marie. And it was further provided in said section that 'it shall be the duty of the secretary of war to direct the proper military officer, on the application of the register and receiver, to designate or cause to be designated upon the map aforesaid the position and the extent of lots necessary for military purposes, as also the position and the extent of any other lot or lots which may be required for other public purposes, and also the position and the extent of the Indian agency tract and of the Indian reserve.' Specific directions with regard to the survey and map in question were also given, in the seventh section of the act.
On February 15, 1853, the commissioner of the general land office acknowledged receipt of a communication from the register and receiver at Sault Ste. Marie, of date 24th of September, 1852, wherein it had been suggested that a modification be made of the western boundary of the military reservation, so as to obviate a conflict with town and town lot claims, and the commissioner advised the register and receiver that the secretary of war had approved of the Westcott survey as the true limits of the military reservation, In their report of April 4, 1853, on the settlement of land claims at Sault Ste Marie, the register and receiver, under the head of 'Reservations,' say: 'In accordance with the second section of said act [September 26, 1850], and the instructions, the military reservation of Fort Brady, according to 'Westcott's survey,' so called, the Indian reserve, the Indian agency reserve, and the Ste. Marie's canal reservation, of four hundred feet in width, as located by Capt. Canfield on the 14th of October, 1852, acting under authority from the governor of Michigan, have been designated on the plat of the public survey of said village accompanying our abstracts, and our adjudications have been confined strictly to claims outside of said reservation; and in no instance have we confirmed claims, or any portion of the same, within said reservation.'
The survey under the act of 1850 is known as the 'Whelply Survey.' As the map...
To continue reading
Request your trial
-
Oneida Indian Nation of New York State v. County of Oneida, New York
...95 U.S. 517, 24 L.Ed. 440 (1877); United states v. Kagama, 118 U.S. 375, 6 S.Ct. 1109, 30 L.Ed. 228 (1886); Spalding v. Chandler, 160 U.S. 394, 16 S.Ct. 360, 40 L.Ed. 469 (1896); United States v. Sandoval, 231 U.S. 28, 34 S.Ct. 1, 58 L.Ed. 107 (1913); Nadeau v. Union Pacific R. Co., 253 U.S......
-
Tooisgah v. United States
...was confined by the treaty to a certain specified tract. That became, in effect, an Indian reservation. Spalding v. Chandler, 160 U.S. 394, 16 S.Ct. 360, 40 L.Ed. 469, is in point. There, as here, was presented the question of the origin of a reservation, and in respect thereto it was said ......
-
U.S. v. Southern Pac. Transp. Co.
...lands deserves the same protection as the Indian title to reservations created by treaty or statute. Spalding v. Chandler, 160 U.S. 394, 404, 16 S.Ct. 360, 40 L.Ed. 469 (1896); Gibson v. Anderson, 131 F. 39, 41-42 (9th Cir. 1904); McFadden v. Mountain View Mining & Milling Co., 97 F. 670, 6......
-
U.S. v. White
...by the treaty to a certain specified tract. That became, in effect, an Indian reservation.See also Spalding v. Chandler, 160 U.S. 394, 403-404, 16 S.Ct. 360, 40 L.Ed. 469 (1896). Similarly in United States v. Holt State Bank, supra, 270 U.S. at 58, 46 S.Ct. at 200, the Court said, 'The effe......