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Social and Behavioral Sciences Commons™
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Full-Text Articles in Social and Behavioral Sciences
The Palmer And Stevens “Usual And Accustomed Places” Treaties In The Opinions Of The Courts, Charles D. Bernholz, Robert Weiner
The Palmer And Stevens “Usual And Accustomed Places” Treaties In The Opinions Of The Courts, Charles D. Bernholz, Robert Weiner
UNL Libraries: Faculty Publications
One hundred fifty years ago, Joel Palmer, as Superintendent of Indian Affairs for the Oregon Territory, and Isaac I. Stevens, as Governor and Superintendent of Indian Affairs of the Washington Territory, negotiated a series of treaties with tribes of the Pacific Northwest. These 10 instruments have affected the gathering rights of tribes and of others in this area and throughout the United States and have generated a substantial amount of litigation. This article reports on the 512 citations to these specific documents in 354 opinions, between the years 1874 and 2005, in various jurisdictions ranging from territorial courts to the …
Adjusting American Indian Treaties: A Guide To Supplemental Article And Supplementary Treaty Citations From Opinions Of The Federal, State, And Territorial Court Systems, Charles D. Bernholz
Adjusting American Indian Treaties: A Guide To Supplemental Article And Supplementary Treaty Citations From Opinions Of The Federal, State, And Territorial Court Systems, Charles D. Bernholz
UNL Libraries: Faculty Publications
Supplemental articles and supplementary treaties were used as tools to modify American Indian treaties. In general, supplemental articles were adjustments to the parameters of a treaty, frequently made as quickly as the same – or the next – day of negotiations, whereas the task of a supplementary treaty was to affect the conditions created in a previous treaty(s).
As the law of the land, these materials have been referenced in the opinions of the federal, state, and territorial court systems. This article identifies those 80 documents – a combination of 39 initial treaties and their 41 supplements – cited in …
American Indian Treaties In The Courts Of Claims: A Guide To Treaty Citations From Opinions Of The United States Courts Of Claims, Charles D. Bernholz, Robert Weiner
American Indian Treaties In The Courts Of Claims: A Guide To Treaty Citations From Opinions Of The United States Courts Of Claims, Charles D. Bernholz, Robert Weiner
UNL Libraries: Faculty Publications
Since 1855, the federal Courts of Claims have provided relief for citizens in cases against the United States. President Abraham Lincoln, in his first annual message in 1861, declared his support for such a process: “It is as much the duty of government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals” [Message of the President. (1862). Appendix to The Congressional Globe, 37th Congress, 2d session, 3 December 1861, p. 2]. Among the Courts’ cases, 240 of 375 recognized American Indian treaties have been cited 992 times in …