United States v. Blackfeather
Decision Date | 19 November 1894 |
Docket Number | No. 622,622 |
Citation | 155 U.S. 180,39 L.Ed. 114,15 S.Ct. 64 |
Parties | UNITED STATES v. BLACKFEATHER |
Court | U.S. Supreme Court |
between December 24, 1832, and December 31, 1832, 9,841.27 acres were sold at public sale to the highest bidder at the rate of $2.08 3/4 per acre. The total amount received for these lands is shown in finding 6. The rest of the land so ceded was sold at private sale at the rate of $1.25 per acre. Some of the land sold at this rate of $1.25 per acre had improvements upon it, but most of the land so sold was unimproved. The lands were sold with reasonable expedition. The last sale was June 30, 1840. The total amount of the lands ceded was 96,051.48 acres.
'The amount of land to be reserved to Francis Duquochet (article 11, treaty of 1831) was 320 acres.
'The amount of land to be reserved to Joseph Parks (article 13) was 640 acres. The amount of land, the price of which was to be reserved to the Michigan Shawnees (article 13), was 640 acres.
'(4) Whether the Shawnees, who, in 1831, resided on the river Huron, Michigan, have expressed a desire to follow the Shawnees of Wapaghkonnetta to their residence west of the Mississippi, does not appear; nor does it appear that they have expressed a desire not to do so. Their wishes upon this subject are not disclosed.
'(5) Out of the proceeds of the land sales in Ohio, the United States has retained (at 70 cents per acre) the amount shown in finding 6; also, $6,994.40 the cost of the gristmill and sawmill; also, $1,011, the cost of surveying; also, $13,000 for improvements.
'(6) The following is the account between the United States and the Shawnee tribe under treaty of 1831:
Total amount of land ceded (acres)... 96,051 48
Less:
which, at$2 per acre, would have yielded $169,209.56; adding this
to the $20,543.65 gives a total of $189,753.21.
There has been paid to the Shawnees:
1893, at 5 per cent............. 75,672 80
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Difference.................. $195,684 24
Subtract amount paid............. 37,180 58
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Balance..................... $158,503 66
Add (see supra)................. 102,495 58
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Total....................... $260,999 24
Add amount unpaid under treaty
of 1825.......................... 1,152 78
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Total....................... $262,152 02
'(7) Difficulties arose as to the 100,000 acres which the second article of the treaty of 1831 provided should be given the Indians, and the United States failed to perform their stipulation in this regard. Because of this failure the United States paid the Ohio Shawnees $66,246.23, and received receipts stating that the moneys thus paid were 'in full payment of all claims under that part of the treaty of 1831 which has relation to the grant of 100,000 acres of land in fee simple to the Ohio Shawnees.' It does not appear that the amount so paid the Ohio Shawnees was insufficient compensation.
money, which by laches or dishonesty never reached the orphans. Another portion of the orphans' money was committed to a United States Indian superintendent for distribution. He embezzled it, and this money was lost to the orphan children.
'The total amount lost to the orphan children in the manner above set forth was $10,506.39. On this amount the United States recovered from the Indian superintendent's sureties $1,068.77, and in 1884 appropriated the balance, $9,437.62; but no payment has been made, as the secretary of the interior and commissioner of Indian affairs deemed that the whole amount of the money should not go to the Shawnees as a tribe, but a part, at least, 'should be paid directly to the parties to whom it belongs.'
'(9) There was paid the Shawnees for blacksmiths, from 1825 to 1854, the sum of $17,408.73.'
Upon these findings, the court of claims entered a decree to the effect that there was due to the Shawnees from the United States on June 12, 1893, the date of the decree, principal and interest, the sum of $262,152.02, and the further sum of $10,506.39, due to certain infant Shawnees, which was ordered to be paid to said orphans or their personal representatives under the direction of the secretary of the interior. It was further...
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