, 1860-10-16

Settlement OF Tito to n Largo Uody OF
Land IN Illinois and Indiana.

E4lC1s o. zee IIe3s AuQ 4iauAAo'
Below pleste lind copy Of the decision Of
The Supreme Court of The United s.atsB, n, Do
nj tho December to N, 1881, which scttlea tie
titles to more thsn 10000 acre. Of land in the
S.ase, Of Iii. os and Indiana, tei-g Indian re-
terves made in October, 1882, and among ptter
titles it lie ties :: at to tie town Of Nominee,
Ksnkutee county, 1tlinois. : II.
John Doe, ax Gem. Curtis Nam a:d Dolnbu.
Ha' nah. Plaintiffs 10 EEEor, ~. William Vii.
snu-1n error II the Circuit Court Of the
Uuited Stu es tor the Eiss1,ct Of Incjana.
Mr: Jue1lae Carton delivered the opinion of
The Court.
b. the treaty Of October 81, 1882, made by
tn: Unlse Estates. thruugh commission r.. with
the fottawatomie trlbe 0 Indians Of the State
OF indiana AID Michigan T rsitorY, sa,d nation
c-dedto tt United States their title and i,ter-
est ia and to heir lands IN the st tes o, Iudiana
and Illinois. aud the Michigan Territory, soulh
Of Grand liver.
haoy rraerVatlous were made in favor ct
Indian villagers jo ntly, and To individual Pot
taw4tomies. he Reservations are by sec:,ous.
am7uut'ng probably to q hundred, Iyisg in Va
IRONS parts Of the ceded country. s to these,
the Indian tiile remained ~ 1t etood before ths
the reterred lands, the United States agreed
that they would issue patents to the respective
o'ners. 0Ee OF these reserves was the ctief
Fet chlco, to whom Was reserved two sections
The treaty also prov des. that "&he foregoing
resesvat'ots sh.l be selected under the d nc.
lion ef The President Of the U1ited Sta!es, af-
ter the latd shal. have been survey ed, and The
boundaries ehal1 c,rsesp nd with the public
surveys"~
ii February, 1888, BY deed in fee simple,
pes Chi 60 conveyed to Alexis Cequillasd and
David Il. CoIerick, Of tue State Of Indians,
"all those Two sections OF land lying in the
State aforesaid in the region of country cr ter
r'tory ceded by the treaty of 27.n October,
1882" the gran or covenants that he 1s ,sw
1u' owner of The laDd+; hath good right I'd
laTtal authority 10 sell Al convey the same.
Aud lie furthermore warrants the title arainst
hlmse and his b. irs. Under this deed the de-
fsnoans holds Possession,
The lessors 1t the plaintiff taok deed from
Pet-chi co.'s heire, daIed in 1855, on the assunp-
ton that their auc+s1ors' deed was void; be
ham s died IN 1888. before the lands we're sur.
FeJed, or the deserved sections selected. And
On the ir'si belor, tie court was atkrd to in
struct tie jury "that Pet chico held no inter
est under tie treaty in the lanes IN qass,ion up
to tho time It bis dea:h, that WAS assigcasIe;
he having d:ed before the location Of the land,
and oett r. the patents issued"
This instruction the court refused to give:
but, oa the contrary, charged the jury ihAt,
"tte disruption Of the land in the ceeds from
P-tchi-.oi 10 Coquillard and Co1e1ck, from
Co|esi.k to CoquiIaEd, and from Ccqul1a1d to
Wllaor, are sufficient to identify lhe land
thereby Intended tn be nveyed ~ the same
txo sections of land which are in controversy
in toss SUIT, aud which are described ID the pat
eats "Lch have been resd in evidence"
I3ls assumed thet the lands embraced By the
pa'ents t. Pet chico, made IN 1887, do not lie
within the section of country ceded by lie
treaty ol eth October, 1889; and therefore the
court WIS asked to Instruct the Jury that the
defendants canuot claim nor mold the land az
a4tl9nees OF Pet chic, By virtue Of the treaty.
The demand for such instruction was also re-
fused
Tuere is 4 eEide1 CO in the record showing
where The lind granted NJ the patents lies, ex
ceP: that which is furnished BY the paieo.s
themselves. They reclte the stipulation in the
treaty il Pet chi cos behalf; thar the selections
fer him, ofsec1it ns nine and ten, h I'D been made,
being ths sections 10 which the said Pet
Chi co is entitled" under tbs treaty. be reci-
ta!s II ihe Patents Conclude ali controversy on
Tue only question presented By The record
that We ttel ourselves called tn to decide ia,
whetntr P-t.chi ems deed Of February. 1858.
ves ed bis tile in Coquillard and Coler,ek.
The PottaT atomic nation was the owner of
the posses.ufT right Of the country ceded, and
all the subjects ol the nation we're joint owners
from tie nasion. the fudiAn title; and this was
the right TO occupy. use, md erjoy the lands in
common with the United States uutil partition
ras made, in the manner prescribed. The
treaty 1tstlt converted the reserved sections
into individual property. The Indians, as q m
tim, reserved no interest in the terriofy ceded:
but as part Of the consideration Of the ccssiop.
certain individuals Of the marion had conferred
on thtin psrtsons Of The land, to which the Uni.
ted title WIS her added or promised IN he
added. and it matters rot which. for the pur-
pos.s OF thsa controversy for possession.
TIE United States held the ultimate title,
charged With the right Of undisturbed occu.
Pancg and perpetual possession, in tie Indian
nation, with the exclusive power in The govern
ment Of acquiring The right. johnson ". McIa-
tosa, Whea Gus; Comet -. Winton, Yer
gers q, 141.
Although the government slcre can purchase
lands from IN lhd1aa nation, II does not follow
that when the rights Of The nstiou arc extin-
guished, an irdisidual Of the ns,iou who .akes
as pirate owner cannos cell his interest. Tie
Indian title is property, a1d a ienat e, unless
the treaty had prohibited its sale. (Comet rs
WiEtou, Ierger's Il las; Blair aud johnson
w. PAibkilIer's lesset,2 2 Yerger, Ala So far
from thi1 being the case ic the Instance b4tore
u, It il manifest that sales OF the reser1ed sec
utns we're contemal tied, a. the lands ceded
were forthwith to be surveyed, sold and inhab-
tied By wEite population, among whom the
Indians could -ot remain.
We hofd that Pet CHI CO WAS tenont in COM
mou with the United Ssates, and could seH his
reserved interest; and that when tbs Ucited
States 81. cted the lands # served tn lin. and
made partition, {of which the patent is conclu-
ave evidt nee. h's grantees took The interest
lie would haze taken, if liring.
We order the judgment to bs fIirmed-