United States v. First Nat. Bank of Detroit

Background

This case involves the Government and a group of Native landholders on the White Earth Reservation. Lands had been held in trust under an 1887 law, and the later Clapp Amendment removed sale, mortgage, and tax restrictions for “mixed blood Indians” while leaving removal for “full blood” Indians to the Secretary of the Interior. A dispute arose over whether “mixed blood” meant anyone with any white ancestry or only those with one-half or more white ancestry; the lower court sided with the landholders.

Reasoning

The Court addressed the simple question: what did Congress mean by “mixed blood Indians”? It applied ordinary meaning, reasoning that a “full blood” is someone of pure Indian ancestry and that “mixed blood” naturally covers all who have any white admixture. The Court rejected the Government’s view requiring half or more white blood and declined to apply a special rule based on how the Indians might have understood the term, because this statute was not a consent contract. The Court also noted early Interior Department practice supported the broader meaning and said Congress could have used clearer words if it meant otherwise. The Court therefore affirmed the lower court’s construction.

Real world impact

As a result, adult Native people on the White Earth Reservation with any identifiable white ancestry may be freed from the trust restrictions and may obtain fee-simple title or patents, while those of full blood remain subject to the Secretary’s determination. The ruling changes who may immediately sell or mortgage allotted land and leaves policy judgments about harsh consequences to Congress.