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Executive Order Of 1870 (Kappler), Charles J. Kappler, Ulysses S. Grant, Samuel A. Wainwright, Ely S. Parker, Jacob D. Cox

US Government Documents related to Indigenous Nations

This 1904 reprint of President Ulysses S. Grant’s 1870 Executive Order was transcribed and published in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. In addition to Grant’s executive order setting apart a reservation for the Arikara, Gros Ventre (Hidatsa), and Mandan, this document includes Captain Wainwright’s Proposal recommending a reservation for the three tribes, E.S. Parker’s Response, and J.D. Cox’s forward to the president.

Treaty Of Fort Laramie, 1868 (Kappler), Charles J. Kappler, Nathaniel G. Taylor, William T. Sherman, William S. Harney, John B. Sanborn, Samuel F. Tappen, Christopher C. Augur, Alfred H. Terry, John B. Henderson, Andrew Johnson

US Government Documents related to Indigenous Nations

This 1904 reprint of the Sioux Treaty of 1868, also known as the Treaty of Fort Laramie, 1868, was transcribed and published in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. This treaty, between the United States government and the Sioux and Arapaho Nations, established the Great Sioux Reservation, promised the Sioux would own the Black Hills in perpetuity, and set aside the country north of the North Platte River and east of the summits of the Big Horn Mountains as unceded Indian territory. Furthermore, the U.S. government pledged to close the Bozeman Trail forts and provide …

Agreement At Fort Berthold, 1866 And Addenda., Charles J. Kappler, Newton Edmunds, Samuel R. Curtis, Orrin Guernsey, Henry W. Reed

US Government Documents related to Indigenous Nations

This 1904 reprint of the unratified treaty with the Arikara, Mandan, and Hidatsa, was reprinted as the Agreement at Fort Berthold, 1866, in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally signed on July 27, 1866, at Fort Berthold, Dakota Territory, this treaty and its Addenda were a set of agreements between the US government and representatives of the Arikara, Mandan, and Hidatsa Nations. In this document, the Arikara, Mandan, and Hidatsa agreed to cede a portion of their land on the east bank of the Missouri River and granted a right-of-way for roads through their …

Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle

Michigan Law Review

The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.

Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle

Michigan Law Review

The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.

Lone Wolf V. Hitchcock, United States Supreme Court

US Government Documents related to Indigenous Nations

This United States (US) Supreme Court case, argued on October 23, 1902 and decided on January 5, 1903, held that the US Congress does have the right to pass legislation that changes the terms of tribal treaties without the necessary consent of the tribes with whom the treaties were made. The petitioner in this case, Lone Wolf (representing members of the Kiowa, Comanche, and Apache tribes) appealed a decision from the court of appeals from the District of Columbia. The petitioner claimed that the Medicine Lodge treaty of 1867 with the Kiowa and Comanche tribes was violated when Congress passed …

Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem

Articles

At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system.

Cherokee Nation V. Hitchcock, United States Supreme Court

US Government Documents related to Indigenous Nations

This United States (US) Supreme Court case, submitted October 23, 1902 and decided December 1, 1902, held that the US Congress has the right to pass legislation that controls the actions and/or property of tribes in the United States without tribal consent. This case began when the Cherokee Nation attempted to stop the Secretary of the Interior from leasing their land for oil extraction. The Cherokee Nation asserted that an 1835 treaty granted them the right to their lands and to self-government. In their decision on this appeal, the Court asserts that the June 28, 1898 act of the US …

Eligibility To Office--As Of What Time Determined, Floyd R. Mechem

Articles

Eligibility to office under our political system cannot be regarded as a natural right, and some rules or regulations are therefore obviously indispensable to determine what shall be the qualifications which shall be deemed necessary or sufficient. These rules are usually express and written ones, though in a few cases they have been deduced by inference from considerations of policy or propriety

An Act Making Appropriations For The Current And Contingent Expenses Of The Indian Department And For Fulfilling Treaty Stipulations With Various Indian Tribes For The Fiscal Year Ending June Thirteenth, Nineteen Hundred And Two, And For Other Purposes., United States Congress

US Government Documents related to Indigenous Nations

This United States (US) public law, noted as “Chap. 832” dated March 3, 1901, details the appropriations that will be made to various tribes for the fiscal year ending June 1902. This funding breakdown includes payments made to the Mandan, Hidatsa, and Arikara tribes residing at the Fort Berthold Reservation, North Dakota. Appropriations in this law are noted as supporting treaty stipulations, schools, and a variety of miscellaneous expenses including construction, provisions, and the management of small pox.

How May Presidential Electors Be Appointed?, Bradley M. Thompson

Articles

For more than half a century presidential electors have been chosen upon a general ticket in all the states. This was not the uniform practice at first. Judge Cooley in the last number of the JOU11NAL makes it clear that at least four different methods were at first adopted, one of them, the "district system," being that selected by the last legislature of Michigan. Following Judge Cooley's article is one by Gen. B. M. Cutcheon attacking this system on two grounds: First, that it is in conflict with the Constitution of the United States; and, secondly, that it is mischievous …

Civil Government. Its Origin, Mission, And Destiny, And The Christian's Relation To It., David Lipscomb

Stone-Campbell Books

No abstract provided.

An Act To Provide For The Allotment Of Lands In Severalty To Indians On The Various Reservations (General Allotment Act Or Dawes Act), Henry L. Dawes

US Government Documents related to Indigenous Nations

This Act, passed on February 8, 1887, authorized the US government to break up reservations and tribal lands, previously held in common, into individual plots. Aimed at assimilating Indigenous people into white society, this act promoted agriculture and grazing by allotting tribal members or families who registered a portion of reservation land outlined in the document. Furthermore, this document granted American citizenship to those who accepted the division of tribal lands.

The Territories Of The United States, Thomas M. Cooley

Book Chapters

Writing to flesh out the comparisons between the United States and Great Britain following previous such chapters, Professor Cooley writes: "In the common acceptation of those terms the United States has no colonies and no foreign possessions." Professor Cooley then gives a relatively brief history of the admission of new states in constitutional philosophy and history. Later in the chapter he asserts, "Before any states can be admitted to the union, there must be a state ready to admit; and this implies that there shall be a state with a constitution and laws, so when admitted, it can proceed at …

Labor And Capital Before The Law, Thomas M. Cooley

Articles

The chief concern of every political society is the establishment of rights and of adequate securities for their protection. In America, it has been agreed that this shall be done by the people themselves; they shall make their own laws, and choose their own agents to administer them. But the obvious difficulty of doing this directly has been recognized, and the people, after formulating the charter of government, incorporating in it such principles as they deem fundamental, content themselves with delegating all powers of ordinary legislation to representatives. Notwithstanding this delegation, much direct legislation of a very effective and important …

Rules Governing The Court Of Indian Offenses, Hiram Price

US Government Documents related to Indigenous Nations

This transcribed document, dated March 30, 1883, contains a letter from Henry M. Teller of the United States (US) Department of the Interior to Hiram Price of the US Office of Indian Affairs outlining perceived problems among Indigenous tribes in the US. This letter is followed by a set of rules written in response to the expressed concerns. These rules are commonly referred to as The Code of Indian Offenses. Teller expressed concern about religious practices among Indigenous tribes, including sacred dances and the leadership of medicine men. He was also concerned about plural marriage and practices surrounding property …

President Hayes's Executive Order, 1880, Rutherford B. Hayes

US Government Documents related to Indigenous Nations

This Executive Order, issued by President Rutherford B. Hayes on July 13, 1880, significantly reduced the size of the Fort Berthold Reservation. Created at the behest of the Northern Pacific Railroad, this executive order resulted in a critical loss of Mandan, Hidatsa, and Arikara homelands, hunting grounds, and sacred sites.

The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt

Articles

Twice in the history of the United States the nation has been brought to the verge of civil war by difficulties growing out of presidential elections. And yet no system was ever devised with more care to preclude any reasonable complaint.

The New Federal Administration, Thomas M. Cooley

Articles

After four months of feverish excitement and anxious and depressing expectancy, during which no one could anticipate what a day might bring forth, and the prophets of evil with general accord tuned their voices to disaster, the heart of the nation made a great leap for joy when President Hayes, on the steps of the Capitol, proclaimed his firm purpose to carry into practical operation the pledges contained in his letter of acceptance. The mists which hung over the political affairs of the nation at once disappeared, the depression gave way to cheerful confidence, and dangerous excitement was supplanted by …

Washington: His Character And The Lessons To Be Drawn From It, Thomas M. Cooley

Other Publications

Justice Cooley’s memorial on the occasion of Washington’s birthday: “In fabulous history nations are founded by gods. But these gods are only impersonations of the rough virtues most prized in a barbarous age, and their worship is therefore an adoration of those qualities … We have no fabulous history of our nation … Great characters may loom up as the builders, but they are not simply exaggerated personifications of power and force; they are men with human qualities, whose lives, in the records which are preserved, are open to our inspection; we may see what manner of men they were, …

Durfee & Peck. Letter From The Secretary Of The Interior, Inclosing An Account Of Messrs. Durfee & Peck, For Rent Of Agency Buildings At Fort Berthold. February 11, 1871, United States Congress, Us House Of Representatives, Us Department Of The Interior, Us Department Of The Interior, Office Of Indian Affairs

US Government Documents related to Indigenous Nations

This letter, dated February 11, 1871 from United States (US) Secretary of the Interior Columbus Delano to Speaker of the US House of Representatives James G. Blaine, also known as US House of Representatives Executive Document 115, transmits communications from US Commissioner of Indian Affairs Ely S. Parker, Dakota Territory Governor and ex-officio Superintendent of Indian Affairs John A. Burbank, and D. W. Marsh, agent for the Leavenworth, Kansas firm of Durfee & Peck, from whom the Upper Missouri Indian Agency has been renting the Fort Berthold Agency buildings for the sum of $3,500 per year. The agent for Durfee …

Executive Order Of 1870, Ulysses S. Grant, George L. Hartstuff, Samuel A. Wainwright, Ely S. Parker, Jacob D. Cox

US Government Documents related to Indigenous Nations

This Executive Order, issued by President Ulysses S. Grant on April 12, 1870, established the Fort Berthold Reservation. In addition to Grant’s Executive Order, this document includes a series of letters, proposals, and endorsements for the creation of a reservation for the Mandan, Hidatsa, and Arikara. Importantly, this document also contains the original map outlining the proposed boundaries and the president’s diagram which significantly reducing the size of the reservation.

Appropriations Indian Service -- Fort Berthold Agency. Letter From The Secretary Of The Interior Recommending An Appropriation To Pay Outstanding Indebtedness On Account Of The Indian Service At Fort Berthold Indian Agency. February 18, 1870. -- Referred To The Committee On Appropriations And Ordered To Be Printed, United States Congress

US Government Documents related to Indigenous Nations

This Executive Document, dated February 18, 1870 consists of a letter from the United States Secretary of the Interior J. D. Cox recommending "An appropriation to pay outstanding indebtedness on account of the Indian Service at Fort Berthold Indian agency." The letter includes a communication from Commissioner of Indian Affairs Ely. S. Parker detailing "services rendered and supplies furnished for and on account of the Indian service at the Fort Berthold agency, Dakota Territory" totaling $63,203.05.

Also included is the text of two letters from US Indian Agent Mahlon Wilkinson in which he explains that, due to frequent attacks from …

Indian Affairs In Dakota. Memorial And Resolution Of The Legislative Assembly Of The Territory Of Dakota Relative To Indian Affairs In Said Territory, United States House Of Representatives, Territory Of Dakota Legislative Assembly, Geo. I. Foster, A. J. Faulk, Enos Stutsman, P. H. Halnan

US Government Documents related to Indigenous Nations

This "Memorial and Resolution" of the legislature of the Territory of Dakota, referred to the United States (US) House of Representatives Committee on Indian Affairs and ordered to be printed January 28, 1868, states the position of the Legislative Assembly of Dakota Territory regarding several matters involving relations and bureaucratic arrangement between the US government and local tribes and Dakota Territory and those tribes, and argues for Dakota Territory playing a greater role in the management of the tribal affairs and the administration of US obligations, including procurement and transportation of "Indian goods."

Among changes argued for in the document …

An Act To Secure Homesteads To Actual Settlers On The Public Domain, United States Congess

US Government Documents related to Indigenous Nations

This Act, dated May 20, 1862 also known as United States (US) Public Law 37-64 and popularly known as the Homestead Act, the Homestead Act of 1862, and the Homestead Act of May 20, 1862, provides for adults who fulfill certain requirements to acquire title of up to a quarter section (160 acres) land from the public domain by registering and making certain "improvements" to the land.

Indians On The Upper Missouri. Message From The President Of The United States, Transmitting A Report In Regard To The Expedition Among The Indians On The Upper Missouri. March 24, 1856. -- Referred To The Committee On Indian Affairs And Ordered To Be Printed., United States Congress, Us House Of Representatives, President Of The United States, Department Of The Interior, Office Of Indian Affairs, Alfred Cumming, Franklin Pierce

US Government Documents related to Indigenous Nations

This Executive Document, dated March 24, 1856, also known as United States (US) House of Representatives Executive Document No. 65, consists of a message from US President Franklin Pierce, in which Pierce transmits, "in obedience to [the US House of Representatives'] resolution of the 17th instant, a communication from the Secretary of the Interior, accompanied by a copy of the report of Superintendent [Alfred] Cumming, in regard to his late expedition among the tribes of the Indians on the Upper Missouri."

In his report, Cummings reports on his trip up the Missouri for the purpose of distributing "annuities" to local …

Treaty Of Fort Laramie With The Sioux, Etc., 1851, David D. Mitchell, Thomas Fitzpatrick

US Government Documents related to Indigenous Nations

This treaty, signed on September 17, 1851, was an essential agreement between the United States government and representatives of the Lakota, Dakota, Cheyenne, Arapaho, Crow, Assiniboine, Mandan, Hidatsa, and Arikara Nations. In this treaty, the United States acknowledged that the area surveyed by the treaty was Indigenous land and recognized each nation's exclusive territorial rights over a portion defined by geographical boundaries. Equally, the tribes agreed that the US government had the right to establish roads and posts—military and other—within their territories. They also promised to abstain from hostilities against other tribes, pay for any wrongs committed by their people, …

Communicated, N. Beverley Tucker

Faculty Publications

No abstract provided.

For The United States Telegraph, N. Beverley Tucker

Faculty Publications

No abstract provided.

Communicated, N. Beverley Tucker

Faculty Publications

No abstract provided.