United States v. Choctaw Nation

Background

The dispute involves three groups: the United States, the Choctaw and Chickasaw Nations, and the Wichita and Affiliated Bands (several small tribes). In 1855 the Choctaws and Chickasaws had leased a large area called the Leased District for use by friendly tribes. In 1866 those nations signed a treaty that the Government says ceded the Leased District to the United States. In 1891 the Wichita bands agreed to allotments on part of that land and gave up other claims; Congress later sent competing claims to the Court of Claims.

Reasoning

The main question was whether the 1866 treaty transferred absolute title to the United States or left the land held in trust for Indian settlement. The Court examined the treaty language, earlier treaties, and negotiation history. It found Article 3 plainly says the Choctaws and Chickasaws “cede” the Leased District and that the treaty creates a trust only for the money paid, not for the land itself. The Court held a court cannot rewrite a treaty to add a trust where the words do not so provide. As a result, the Choctaw and Chickasaw Nations have no legal interest in those lands under the 1866 treaty.

Real world impact

The decision affirms that title to the Leased District rests with the United States. The Wichita and Affiliated Bands are entitled to 160-acre allotments for each member and to money for surplus lands not needed for allotments; the Court of Claims must fix the amount, subject to Congress’s $1.25-per-acre limit. The ruling sends unresolved compensation questions back to the lower court for determination.

Dissents or concurrances

The Court of Claims had a dissenting view that the lands were held in trust for Indian settlement, but the Supreme Court majority rejected that construction of the 1866 treaty.