Matches in DBpedia 2016-04 for { ?s ?p "Fellows v. Blacksmith, 60 U.S. (19 How.) 366 (1857), is a United States Supreme Court decision involving Native American law. John Blacksmith, a Tonawanda Seneca, sued agents of the Ogden Land Company for common law claims of trespass, assault, and battery after he was forcibly evicted from his sawmill by the Company's agents. The Court affirmed a judgement in Blacksmith's favor, notwithstanding the fact that the Seneca had executed an Indian removal treaty and the Company held the exclusive right to purchase to the land by virtue of an interstate compact ratified by Congress.Citing the trust relationship between the federal government and the tribes, the Court held that removal treaties could only be enforced against the tribes by the federal government, not private parties (whether through self-help or through the courts). In other words, the federal government retained the discretion not to enforce such treaties. At the same time, the Court held that enrolled treaties are conclusively valid, and refused to consider the plaintiffs claim that the Treaty of Buffalo Creek (1838) was fraudulent.Fellows was one of several encounters of the Taney Court with the aboriginal title. It was the first litigation of aboriginal title in the United States in the Court by an indigenous plaintiff since Cherokee Nation v. Georgia (1831). According to a contemporary New York Times article: \"The questions involved are of great magnitude, and affect more or less the title to a large portion of the State of New York.\" In Fellows, the court found \"its first opportunity to consider the power of the federal government over Indian lands in New York.\" Following the precedents of the Marshall Court, Fellows was \"decided at a time when the government was still dealing with Indian tribes as if they were semi-sovereign nations.\"The plaintiffs' lawyer John H. Martindale (future New York Attorney General) also represented the interests of the Tonawanda Band of Seneca Indians in three companion cases in the New York state courts. The third such case, New York ex rel. Cutler v. Dibble (1858), also reached the Supreme Court, which held that state nonintercourse acts (U.S. state laws prohibiting non-Indians from acquiring Indian lands) are not preempted by the Commerce Clause, the federal Nonintercourse Act, or federal treaties. Ely S. Parker, one of the administrators of the Blacksmith estate, went on to draft the surrender at Appomattox and to become the first indigenous Commissioner of Indian Affairs."@en }
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- Fellows_v._Blacksmith abstract "Fellows v. Blacksmith, 60 U.S. (19 How.) 366 (1857), is a United States Supreme Court decision involving Native American law. John Blacksmith, a Tonawanda Seneca, sued agents of the Ogden Land Company for common law claims of trespass, assault, and battery after he was forcibly evicted from his sawmill by the Company's agents. The Court affirmed a judgement in Blacksmith's favor, notwithstanding the fact that the Seneca had executed an Indian removal treaty and the Company held the exclusive right to purchase to the land by virtue of an interstate compact ratified by Congress.Citing the trust relationship between the federal government and the tribes, the Court held that removal treaties could only be enforced against the tribes by the federal government, not private parties (whether through self-help or through the courts). In other words, the federal government retained the discretion not to enforce such treaties. At the same time, the Court held that enrolled treaties are conclusively valid, and refused to consider the plaintiffs claim that the Treaty of Buffalo Creek (1838) was fraudulent.Fellows was one of several encounters of the Taney Court with the aboriginal title. It was the first litigation of aboriginal title in the United States in the Court by an indigenous plaintiff since Cherokee Nation v. Georgia (1831). According to a contemporary New York Times article: \"The questions involved are of great magnitude, and affect more or less the title to a large portion of the State of New York.\" In Fellows, the court found \"its first opportunity to consider the power of the federal government over Indian lands in New York.\" Following the precedents of the Marshall Court, Fellows was \"decided at a time when the government was still dealing with Indian tribes as if they were semi-sovereign nations.\"The plaintiffs' lawyer John H. Martindale (future New York Attorney General) also represented the interests of the Tonawanda Band of Seneca Indians in three companion cases in the New York state courts. The third such case, New York ex rel. Cutler v. Dibble (1858), also reached the Supreme Court, which held that state nonintercourse acts (U.S. state laws prohibiting non-Indians from acquiring Indian lands) are not preempted by the Commerce Clause, the federal Nonintercourse Act, or federal treaties. Ely S. Parker, one of the administrators of the Blacksmith estate, went on to draft the surrender at Appomattox and to become the first indigenous Commissioner of Indian Affairs.".