United States v. Nashville St Ry Co

Citation118 U.S. 120,6 S.Ct. 1006,30 L.Ed. 81
Decision Date26 April 1886
CourtUnited States Supreme Court

This action was brought July 6, 1880, in the circuit court of the United States for the Middle district of Tennessee upon coupons, owned and held by the United States, for interest payable at different dates from July 1, 1861, to January 1, 1866, on bonds made and delivered by the defendant to the state of Tennessee on July 1, 1851, and July 1, 1852, and payable to bearer in 30 years after date. The defendant filed two pleas: First, that the United States held the coupons, not in its own right as the government of the United States, but as trustee for certain beneficiaries, namely, the Chickasaw Indians, a nation of people, and that the cause of action accrued to the United States more than six years before this suit was brought; second, that the United States was the holder of the coupons, not in its own right, but as such trustee, from January 10, 1866, until January 20, 1878, at which last date it ceased to hold them as trustee, and became the owner thereof in its own right, and that the cause of action accrued more than six years before that date. To each of these pleas the United States filed a demurrer, which was overruled by the court, and issue was joined on the pleas.

By the treaty of October 20, 1832, between the United States and the Chickasaw Nation of Indians, which provided for the removal of the Chickasaws to the west of the Mississippi, they ceded to the United States all their lands east of the Mississippi; and the United States agreed that those lands should be surveyed and sold like other public lands, and the proceeds, deducting expenses, paid over to the Chickasaw Nation. The eleventh article of that treaty contains the following provisions: 'The Chickasaw Nation have determined to create a perpetual fund, for the use of the nation forever, out of the proceeds of the country now ceded away; and for that purpose they propose to invest a large proportion of the money arising from the sale of the land in some safe and valuable stocks, which will bring them in an annual interest or dividend, to be used for all national purposes, leaving the principal untouched, intending to use the interest alone. It is therefore proposed by the Chickasaws, and agreed to, that the sum to be laid out in stocks as above mentioned shall be left with the government of the United States until it can be laid out under the direction of the president of the United States, by and with the advice and consent of the senate, in such safe and valuable stock as he may approve of, for the use and benefit of the Chickasaw Nation. The sum thus to be invested shall be equal to at least three-fourths of the whole net proceeds of the sales of the lands; and as much more as the nation may determine, if there shall be a surplus after supplying all the national wants.' 'At the expiration of fifty years from this date, if the Chickasaw Nation shall have improved in education and civilization, and become so enlightened as to be capable of managing so large a sum of money to advantage and with safety for the benefit of the nation, and the president of the United States, with the senate, shall be satisfied thereof, at that time, and shall give their consent thereto, the Chickasaw Nation may then withdraw the whole or any part of the fund now set apart to be laid out in stocks or at interest, and dispose of the same in any manner that they may think proper at that time, for the use and benefit of the whole nation; but no part of said fund shall ever be used for any other purpose than the benefit of the whole Chickasaw Nation.' 7 St. 381, 382, 385.

In the treaty between the United States and the Chickasaw Indians of May 24, 1834, art. 11, 'it is stipulated that the government of the United States, within six months after any public sale takes place, shall advise them of the receipts and expenditures, and of balances in their favor; and also, at regular intervals of six months after the first report is made, will afford them information of the proceeds of all entries and sales. The funds thence resulting, after the necessary expenses of surveying and selling, and other advances which may be made, are repaid to the United, shall from time to time be invested in some secure stocks, redeemable within a period of not more than twenty years; and the United States will cause the interest arising therefrom annually to be paid to the Chickasaws.' 7 St. 454.

By the treaty of June 22, 1852, art. 2, 'it is agreed that the remnant of the lands so ceded and yet unsold shall be disposed of as soon as practicable, under the direction of the president of the United States, in such manner and in such quantities as, in his judgment, shall be least expensive to the Chickasaws and most conducive to their benefit.' The fifth article of this treaty is as follows: 'The Chickasaws are desirous that the whole amount of their national fund shall remain with the United States, in trust, for the benefit of their people, and that the same shall on no account be diminished. It is therefore agreed that the United States shall continue to hold said fund in trust as aforesaid, and shall constantly keep the...

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