Northwestern Bands of Shoshone Indians v. United States

What happened

The Northwestern Bands of Shoshone Indians sought to recover from the United States damages estimated at fifteen million dollars for the taking of some fifteen million acres of land they said they held by Indian title, which is title based on long occupancy rather than a grant. They said the United States had recognized that title in a treaty made with the bands at Box Elder, Utah Territory, on July 30, 1863.

They sued in the Court of Claims under a special jurisdictional act of Congress of February 28, 1929. The Act allowed claims "arising under or growing out of" the treaties it listed, including the treaty of July 30, 1863.

The Supreme Court, in an opinion by Justice Reed, affirmed the Court of Claims. It held that the 1863 treaty "was not a recognition or acknowledgment by the United States of the Indian title to the lands therein mentioned," so a claim for the taking of those lands was not one arising under the treaty. The Court said recognition of Indian title is not to be implied from the Indians' grant of permission for travel or mining, and that the treaty's use of the word "claim" or the phrase "country claimed" did not acknowledge title. Indian treaties, the Court said, are construed "according to their tenor," and their terms are not varied to avoid alleged injustices.

Four justices disagreed. Justice Roberts thought the judgment should be reversed. Justice Douglas dissented, joined by Justices Frankfurter and Murphy, and Justice Murphy dissented, joined by Justices Frankfurter and Douglas. Justice Jackson, joined by Justice Black, wrote separately about the difficulties of settling such a grievance through a lawsuit.

Good to know. The 'fifteen million' figures describe the Bands' claim, not a court finding.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error