Property Rights Under Treaty
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PROPERTY RIGHTS SECURED TO PERSONS UNDER TREATY AGREEMENTS CAN NOT BE IMPAIRED BY EVEN CONGRESSIONAL LEGISLATION MUCH LESS TRIBAL CUSTOM  

The treaty of 1830 having conferred property rights on petitioners herein as descendants of the then living Choctaws, and the treaty of 1837 having conferred the same rights on descendants of Chickasaws, and these rights having been secured to them by the very Congressional act under which they were erroneously enrolled, and all prior acts of Congress, the contention of the Commissioner—which has been seriously asserted and adhered to in the determination of the rights of petitioners herein and now acquiesced in by the Indian Office—that they could be divested of their property rights by mere tribal customs, is grotesque.

 

 

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Last modified: June 13, 2009