Pottawatomie Nation of Indians v. United States

507 F.2d 852, 205 Ct. Cl. 765, 1974 U.S. Ct. Cl. LEXIS 32
CourtUnited States Court of Claims
DecidedDecember 18, 1974
DocketAppeal No. 6-73; Ind. Cl. Comm. Docket Nos. 29-N, 15-P, 306; 27 Ind. Cl. Comm. 187 (1972); 30 Ind. Cl. Comm. 42 (1973)
StatusPublished
Cited by2 cases

This text of 507 F.2d 852 (Pottawatomie Nation of Indians v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pottawatomie Nation of Indians v. United States, 507 F.2d 852, 205 Ct. Cl. 765, 1974 U.S. Ct. Cl. LEXIS 32 (cc 1974).

Opinion

BeNNEtt, Judge,

delivered the opinion of the court;

The issue in this case, heard on appeal from orders of the Indian Claims Commission, is whether all Indians of the Pottawatomie tribe, or only certain groups thereof, should share in any award by the Commission of additional compensation for lands ceded by Pottawatomies under the treaty of October 20, 1832, 7 Stat. 378. Appellants would restrict the award-to certain “bands”; appellees Hannahville Indian Community, et al., woidd have all Pottawatomies share.1 [768]*768Appellee United States has no financial interest in tlie outcome and consequently has taken no position. A majority of the Commission has held that all Pottawatomies should share.2

There is no dispute that any eventual award by the Commission is to be made to that body of Indians which actually owned and ceded land to the United States under the treaty of October 20, 1832. Of necessity therefore, appellants, who claim that only a portion of the Pottawatomie tribe should share in any award, contend that only a portion of the tribe owned and ceded the land. Appellees Hannahville Indian Community, et ah, argued successfully before the Commission that the whole Pottawatomie tribe or nation owned and ceded the land.

In arriving at the decisions from which this appeal is taken, the Commission endeavored to follow the instructions given it by this court in a related case, Hannahville Indian Community v. United States, 180 Ct. Cl. 477 (1967). The Hannahville case, though concerned with treaties other than the one we consider herein, presented the same question of fact— namely, whether land purchased by the United States was owned and ceded by all or only a portion of, the Pottawatomie nation. In that case, as here, the Prairie and Citizen bands of Pottawatomie Indians contended that the respective treaties were made with autonomous “bands” of Pottawatomies, while the Hannahville Indian Community argued that the Pottawatomie tribe was a single political entity which owned all lands in common. Because the Commission had failed to do so in the first instance, we returned the case to it with instructions to “make a de novo determination of the political structure of the Potawatomi Indians at the times when the United States negotiated the various treaties with them giving rise to the claims asserted * * 180 Ct. Cl. at 486.

In response to these instructions, the Commission consolidated the remanded dockets with other dockets (including those presently under consideration), and in one large proceeding sought to “resolve the question of the political [769]*769structure of the Potawatomi Indians during the period 1795-1833 * * 27 Ind. Cl. Comm. at 188. The Commission defined the question for decision as “whether the Potawatomis were negotiating the treaties during that period as a single land-owning entity * * * or as several separate autonomous groups * * Id. The majority of the Commission concluded that, in all treaties during the period 1795-1833 in which Pottawatomies ceded lands to the United States, including the treaty of October 20, 1832, the tribe acted as a single entity, ceding lands owned by all the Pottawatomies in common.

The question decided by the Commission, and on appeal here, is one of fact. By statute3 we are limited to a determination of whether such a factual finding is supported by substantial evidence on the record as a whole. If so, it is conclusive. That we might have reached a contrary result on the evidence is then of no consequence. Seminole Nation of Oklahoma v. United States, 204 Ct. Cl. 655, 498 P. 2d 1368 (1974); Hannahville Indian Community v. United States, supra, 180 Ct. Cl. at 486 n. 10; Sac & Fox Tribe v. United States, 161 Ct. Cl. 189, 207, 315 F. 2d 896, 906, cert. denied, 375 U.S. 921 (1963). The evidence before the Commission in this case included hundreds of historical documents — treaties, journals of treaty negotiations, reports of Indian agents and commissioners, correspondence of the Department of War, and congressional appropriations, among others — and testimony by experts in Indian affairs The evidence occasionally points in more than one direction; it cannot always be harmonized in one theoretical framework. After careful consideration of this evidence, however, we have concluded, and we hold, that the ultimate factual determination of the Commission — that the Pottawatomie tribe was a single landowning entity during the period 1795-1833 — is supported by substantial evidence and is, therefore, conclusive on the court. It follows that the land ceded by treaty of October 20,1832, was not, as appellants urge, owned and ceded by an autonomous band or bands of Pottawatomies.

[770]*770We now review the evidence which, was relied upon by the Commission, and which we find to be substantial. Though, as the Commission states, “the answer lies primarily in the treaties themselves,” 4 we find it helpful to consider first the historical background and anthropological evidence (expert testimony), because this information leads to a better understanding of the individual treaties.

During the first half of the eighteenth centuiy, the French fur trade prospered in the region of the Great Lakes, and a series of trading posts marked a continuous route south from the Great Lakes through the valleys of the Wabash and .upper Mississippi Rivers. There were virtually continuous waterways from the western shores of Lake Michigan to Detroit either through the Straits of Mackinac (northern route) or along the St. Joseph and other rivers (southern route). It was along these main avenues of communication that the majority of Pottawatomie settlements were located. As a result of their strategic locations, the Pottawatomies were able to move with relative ease among their communities. This travel was a unifying force; correspondence and treaties in the first half of the nineteenth century show that Pottawatomies in the Detroit area kept in contact with members of their tribe in settlements in western Michigan, Indiana,. Illinois, and Wisconsin. Two deeds of land by the Indians prior to the 1795-1833 period, with which we are directly concerned, tend to show Pottawatomie unity in the late 1700’s. Under a deed of July 6, 1776, the chiefs of the Pottawatomies, by and with the consent of the whole nation, granted, as a gift, Grosse Isle, situated at the mouth of the Detroit River where it empties into Lake Erie. By deed of May 15, 1786, land on the Raisin River was given by the chiefs of the Pottawatomie nation of Detroit “with the advice and consent of and in the name of the entire nation.”

At the Commission’s de novo proceeding, three expert witnesses testified, all for appellees Hannahville Indian Community, et al. The witnesses were anthropologists and/or ethriohistorians, and all held teaching positions in midwest-ern universities. These witnesses were unanimous in their [771]*771belief that during the period 1795-1833, lands ceded by the Pottawatomies in the various treaties were owned and ceded by the whole nation as a single political entity; Skillful cross-examination of these witnesses revealed that their preparation for the hearing was somewhat abbreviated and that they had perhaps a greater knowledge of Indian affairs in general than of the particular Pottawatomie political structure during the years 1795-1833.

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Related

Hannahville Indian Community v. United States
4 Cl. Ct. 445 (Court of Claims, 1983)
Pottawatomi Nation of Indians
206 Ct. Cl. 867 (Court of Claims, 1975)

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Bluebook (online)
507 F.2d 852, 205 Ct. Cl. 765, 1974 U.S. Ct. Cl. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pottawatomie-nation-of-indians-v-united-states-cc-1974.