The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-06-12
u. s. CIRCUIT COURT.
District Of Kansas. June Term 1874.
Judge Dillon's Decision in the CeIebra-
ted Land Case.

TED Lana case.
Pamela Gray, VS.. Coffman ct al.
r. l. The treaty of March II, IS4:
e q Statutes at Large COS, sec. IA
1 and of January 81, 1855, 90 Statute
at Large, l1J9,) between the Unite
States and the Wyandotte Indian
in respect 10 the grant 10 member
e OF the tribe, of a right TO select AM
! locate = section of land construed
.. The treaty OF 1855 require
the patent TO Issue in the name Of til
; Tesercee, though it he be dead tb,
: selection may be made by his ''heir
} or his legal representatives." TO b.
determined by the laws, usages anC
customs of the tribe, VIII Their :
) patent issued in the name of th'
heirs of the reserYee is void, quere
3. A will OF the right of thii
"foat" made and executed accord
ing to the laws of the tribe, and
proved and allowed by the proper
tribunal OF the tribe, is valid and
will be respected by the civil courts
See Mackay VS.. Coke, Is How. 100.
Relation of the Wyandotte In
diaRs to the civil laws of the Terri
tory ofs Kansas, in respect to the
disposition of property before and
after the treaty OF 1852, considered.
(BEFoRE DILLON, CIRCUIT JUDGE.)
WydndOtte Indians - Construction
If 1reaty-Rese7rGti 0as-FZ Floats
-Indidn Wills.
This is an action of ejectment for
lands situated in Lyon county, in
the State of Kansas. The case was
tried upon testimony submitted to
the court, q jury having been waiv-
ed. The evidence was yoluminous,
but the material facts sufficiently
appear III the opinion of the court.
X. M. Ruggles and Clough &
Wheat, for the plaintiff.
Wilson Shannon, w. T.. Mont
gomery and +. 5. Waterbury, for
the defendants.
DILLON, Circuit Judge:
To determine the title of the land
here in controversy involves the
necessity of deciding several novel
and highly interesting questions.
The plaintiff claims title under a
patent dated the Sd day of May.
1861, reciting the treaties of 1912
and 1855, below mentioned. between
the United States and the Wyan-
dotte nation of Indians, and which
patent was issued to the heirs of
John Hicks. John Hicks was a
Wyandotte Indian.
It is necessary briefly TO refer to
the history of the Wyaudottes and
their removal to Kansas. In 1855,
the Kansas Indians ceded, with the
exception of limited reservation,
this country to the United StatGs
q Statutes at Large, 244). In 1880
Congress adopted the policy of
causing Indian tribes residing east
of the Mississippi to be removed to
specified reservations west of the
Missouri a Statutes at Large, 4Il).
The Wyandotte Indians were the
last tribe in Ohio which ceded their
reservations in that State to the
United States. This was done in
1912, by the treaty of Upper San
dusky, o. March 18th, of that year.
q Statutes at Large. 60S). By the
24th section of that treaty, the Uni
ted States agree to grant to the
above named John Hicks, to his
heirs and thirty-five other specified
persons of the Wyandotte nation,
one section OF land: The land
hereby granted to be selected by
the grantees, surveyed and patented
at the expense of the United States,
but never to be c0nreyed by them
or their heirs without the permits
sion of the President of the United
States"
The next year, 1S43, the Wyan-
dotte Indians, including John
Hicks, removed TO their reservation
in Kansas. Here he lived with the
tribe until 1853, when he died. On
the 10th DAY of January, 1852, a
short time before his death, he made
his last will in writing. 1t was
drawn UP with all the usual formal
tiles of such instruments by Gov
ernor William Walker, an educated
Wyandotte Indian, attested by him
and signed by the testator. The
third clause of this will is in these
words: " l will and bequeath unto
my sons, Francis A. Hicks and John
Hicks, Jr., the section OF land
granted to me by the treaty of Up
per Sandusky, dated March 18th,
1872" This instrument is produced
and hears upon it this endorsement:
"The within will and testament
was read in open court and allowed
probate and recorded. WyaDdotte
Council, February 10, 1853.
,IaIIN ID. BEowN,
Principal Chief.
JOEL WALKER, Clerk pro tenn"
1t is indisputably established by
evidence atiNnde that the will was
presented to the Wyandotte COun-
oil at that date, and was regularly
allowed by it as the will of John
Hicks, Sr.
These devisees, John Hicks. Jr.,
and Francis A. Hicks, were the
only living children of john, ST.,
but there were then living, grand
children by two of ais deceased
children.
On the 3lst day uf January, 1850,
90 Statute2 at Large, 1852 another
treaty was made with the WIan-
dOtte Indians, which was ratified
March lst, OF that year. The FIRST
article states that, 1.-The Wyandotte
Indians having become sufficiently
advanced in civilization, and desir-
GUS of becoming citizens, it is here
by agreed and stipulated. that their
| organization, and their relations
with the United States, as an Indian
tribe. shall be dissolved and termi-
mated on the ratification of this
agreement, except so far as the fur
Their and temporary continuance of
the same may be necessary in the
execution of some of the stipuIa-
tons herein; and from and after
the date of such ratification the said
Wyandotte Indians and each and
every ono of them, except as here
after provided, shall be deemed and
are hereby declared to be citizens OF
the United States, to al intents and
purposes; and shall be entitled to
all the rights, privileges and immu-
mites of such citizens; and shall in
all respects be subject to the laws OF
the United States and Territory OF
Kansas, in the same manner as 9TH
er citizens of said territory; and
the jurisdiction of the United
States and of said territory shall bt
extended over the Wyandotte COM,
try in the same manner as over OtheI
; parts of said territory" The treaty
( makes provision for the survey
plating and partition of their res
ervation, and for lists of members
of the tribe, divided into three
t chapters LIST. OF those who ar,
r able to control and manage thei
own affairs and interests. I'd
D Those who are not. Sd. Orphans
b idiots and insane persons. Lists o
the second and third classes to b
furnished by the Wyandotte COun
Gil, under whose supervision an
d guardianship the treaty contisue
l. them.
The eighth article of The treat
o defines persons entitled to none
n and lands Hereunder, 80 be sue
nnlv "a arc aefual uaauahaHz af al