Cherokee Nation v. Blackfeather
155 U.S. 218 (1894)

Annotate this Case

U.S. Supreme Court

Cherokee Nation v. Blackfeather, 155 U.S. 218 (1895)

Cherokee Nation v. Blackfeather

No. 671

Argued and submitted October 18, 1894

Decided November 19, 1894

155 U.S. 218

APPEAL. FROM THE COURT OF CLAIMS

Syllabus

A stipulation on the part of the Cherokees in an agreement made by them with the Shawnees under authority of the Act of October 1, 1590, c. 1249, 26 Stat. 636, that the Shawnees, in consideration of certain payments by them, etc.,

"shall be incorporated into and ever after remain a part of the Cherokee Nation on equal terms in every respect and with all the privileges and immunities of native citizens of said Cherokee Nation"

secured to the Shawnees equal rights with the Cherokees in that which was the common property of the Cherokee Nation, namely, the reservation and the outlet as well as all profits and proceeds thereof.

Without an appeal taken, a party will not be heard in an appellate court to question the correctness of the decree in the trial court.

The case is stated in the opinion.

MR. JUSTICE BREWER delivered the opinion of the Court.

This case is similar to that just decided, in which the same parties were appellants, and Charles Journeycake, Principal

Page 155 U. S. 219

Chief, etc., defendant. The petition was filed under the authority of the same Act of October 1, 1890, c. 1249, 26 Stat. 636, and to enforce the claim of the Shawnee Indians domiciled in the Cherokee Nation to an equal interest in the Cherokee Reservation and Outlet, and the proceeds and profits thereof.

In pursuance of article XV of the Treaty of July 19, 1866, an agreement was, on June 7, 1869, entered into between the Shawnees and the Cherokee Nation through their representatives, the substantial portions of which are as follows:

"Whereas, the Shawnee tribe of Indians are civilized and friendly with the Cherokees and adjacent tribes, and desire to settle within the Cherokee country on unoccupied lands east of 96

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