The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-06
INDIANS CLAIMS DENIED.
The Pottawntomics HIVE No Title q
the Chicago Lake From.


the Chicago Lake From.
Mr.. Curtis. from the House Committee
on Indian Affairs. has made a report on
the bill granting Jurisdiction and authority
/ to the Court of Claims in the claim of
| the Pottawa;omie tribe of Indians in and
TO uncedsd lands in Illinois and elsewhere,
and also to hunting. camping. ana fishing
privileges reserved to those Indians under
treaty stipuls lions. The report says:
This bill proposes to grant Jurisdiction
to the Court of Claims TO hear and deter
mine the claim of certain Indians formerly
members CT the Pottawatomie. Chippewa,
and Ottawa tribes, consolidated. to lands
along the southern part Of Lake Michigan,
which they claim were not ceded by any
treaty with said Indians 10 the United
States The hearing discloses the fact that
a large part of this claim is for accTetions
or additions to the shore or mainland along
the lake in the State of Illinois. especially
the lake front of Chicago. These lands are
of immense value. are largely improved
with costly structures, and IL must be
conceded that nothing should be done to
cloud the title of private property unless
the claim OF these Indians has substan-
tial bases TO rest upon and such manifest
right as to demand recognition by the
United States in this way.
THE committee finds that the Indians
mentioned in this bill were part OF, or
were the descendants of. some of the
tribes which originally occupied the terri
tory around Lake Michigan prior to 1888.
September &c. 1893. treaty was concluded
by and between these Indian tribes and
the United States by which the Indians
coded to the United States ali their land
along the shore of Lake Michigan and be-
tween this lake to the west. with some
other lands in the Territory of Michigan.
One of the CONDITIONS of the purchase was
that the united nation should. within three
years, remove to tract of country west
of the Mississippi. to be assigned to them
by the President, of not less than $780,
900 acres The consideration for this ces-
sion was the lands west of the Mississippi
River and $4,000 annually for thirty years.
"The Indian title was possessory title
held by the corporate body or t;he. NO
individual member, nor any band OF the
tribe. had a severable interest or title to
the lands The tribal title could only be
conveyed by the tribe. and when so con-
veyed by treaty the whole Indian title
vested in the United States. The treaty
bound every member and band in the
ccted The treaty of 1898 must therefore
have conveyed all the lands of the united
nations along the western shore of Lake
Michigan as well as the other lands de-
scribed, and this description quoted con-
yeyed all the land to the waters of the
lake.
But it is said this did not carry the
lands under the water, islands, nor the
water right Under a very long line of
Al f4I To-, L.
BILE waters and islands are VISITED in the
sovereign. and as one sovereign withdraws
from territory this title vest. in the
succeeding sovereign without any special
grant. This operates in the United States
when States are formed out of Territories;
the title TO the lands under the navigabie
waters and the control over them vests
In the new State without any grant or
conveyance from the United States. I'm
der this law, whatever title the Indian
tribes held TO these lands or waters passed
to the United States when the united ma
lions reEOv.d permanently from this
territory. The fact that a few remained
does not change the case, for, as the Court
of Claims said:
:. In ceasin6 TO be a part OF the united
nation. 1T did not retain any part of the
political or corporate power Of ;he tribe;
that was undivided and still inherent in
the body which emigrated beyond the
mississippi.
I'VE must therefore conclude that the
cession by the tribe under the treaty of
1888 conveyed all of the land. and the |
OF the united nation from this |
territory operated TO vest in the United |
States as sovereign all the right aud title |
which the united tribes had to lands M
der tho water or in the waters them |
Selves