United States v. Seminole Indians of Florida

180 Ct. Cl. 375, 1967 U.S. Ct. Cl. LEXIS 86
CourtUnited States Court of Claims
DecidedJune 9, 1967
DocketAppeal No. 11-65; Ind. Cl. Comm. Docket Nos. 73 and 151
StatusPublished
Cited by15 cases

This text of 180 Ct. Cl. 375 (United States v. Seminole Indians of Florida) 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
United States v. Seminole Indians of Florida, 180 Ct. Cl. 375, 1967 U.S. Ct. Cl. LEXIS 86 (cc 1967).

Opinion

Collins, Judge,

delivered the opinion of the court:

This case comes before us on appeal by the United States from an interlocutory order of the Indian Claims Commission (hereinafter the Commission). Beview is sought with respect to the Commission’s determination that petitioners (appellees herein) “have satisfactorily established that at the time of the September 18,1823 treaty cession * * *, and long prior thereto, the Seminole Nation held [exclusive of certain designated areas] original Indian title to all of the present State of Florida * * The Commission’s order is challenged on the ground that there is no substantial evidence to support it.

We approach the record not with a view towards deciding the matter de novo, but rather with a view towards deciding whether the evidence considered as a whole could reasonably have supported the decision that was reached. “Our imprimatur is one of reasonableness, not rightness.” Confederated Tribes of the Warm Springs Reservation of Oregon v. United States, 177 Ct. Cl. 184, 207 (1966). And on that basis we affirm.

On September 18, 1823, the United States and the Seminole Nation entered into a treaty (commonly referred to as the Camp Moultrie Treaty), which provided in substance for the relinquishment by the Indians of “all claim or title which they may have to the whole territory of Florida,”1 the Indians receiving in return the promise of a protected reservation (carved out of the cession) and consideration (both monetary and other) totaling $152,500. Thereafter followed the Treaty of Payne’s Landing2 on May 9, 1832— a measure designed to accomplish the relocation of the Semi[378]*378nole Indians from their then just recently granted Florida reservation to the Indian Country in Oklahoma.

The appellees in this action comprehend both groups of Semmoles — those Indians who removed to Oklahoma and those Indians who remained in Florida — each group having been recognized as a successor in interest to the Seminole Nation as it existed in Florida in 1823. Their claim-in-chief relates to the alleged inadequacy of consideration received from the United States under the terms of the above-cited Camp Moultrie Treaty.3 The first step< in the successful litigation of the claim involves the issue now before us, namely: Whether there is substantial evidentiary support for the Commission’s conclusion that the Seminole Indians held original or Indian title to most of the lands in Florida. The arguments advanced by the United States (discussed infra) require, at this point, a brief review of Florida’s Indian history.

From the Commission’s findings of fact, we glean the following:

At the time of the Spanish discovery and settlement of Florida in 1512, the land was occupied by regionalized aboriginal cultures, more than 25 of which have been separately identified. Collectively, these groups comprised approximately 50,000 people. Two ways of life existed. In the north (that is, assuming a latitudinal divide running between Tampa Bay and Cape Kennedy), agriculture prevailed; in the south, a hunting and nomadic existence. Neither offered Spain the exploitative advantages that more advanced economic systems could make available to a conqueror. Moreover, the militancy of the people in south Florida compelled Spain to abandon her attempts to exercise control over them and, as a result, Spanish influence — which derived mainly from various missions that had been established- — was confined almost exclusively to north Florida.

By 1625 this Spanish mission system, which then comprised 16 separate settlements radiating westward from St. Au[379]*379gustine, bad attracted numerous aborigines, some drawn because of trade, others because of their conversion to Christianity. This spread of civilization and its attendant shifts in aboriginal population precipitated a gradual decline in the Indian population stemming, in the main, from internecine struggles between the “converted” and the “heathen” (with consequent Spanish punitive action) and, more importantly perhaps, from the introduction of European diseases against which the Indians possessed no immunity. A further factor accounting for the population decline, and one which figures most prominently in the Seminole history (as well as in the history of Spanish Florida) traces itself to the English establishment of the South Carolina colony in 1610.

The plantation economy of the Carolina colony demanded an abundant labor supply, a factor which in turn gave rise to numerous “slave” raids led by Carolinians staffed with Indian allies. The Indians of Florida bore the brunt of these attacks. So extensive were the slaving expeditions that, by the early 1100’s, the once viable Spanish mission system, together with its clustered aboriginal population, was virtually eliminated. The immediate environs of St. Augustine offered the last refuge for the Spanish as well as for the northern aborigine.

The evidence dealing with the southern aborigines, while much weaker (that is, from the anthropological standpoint), indicates a similar population decline, but here, unlike in the north, scattered aboriginal settlements appear to have survived, with some of the Indians having retreated into the Everglades for safety. The general condition, with respect to the area in its entirety, was one which expert witnesses characterized as a demographic void or population vacuum. But this ebb tide of population decline was of short duration.

Into the void stepped a new element — the former Indian slave raiders. These Indians — of Creek origin — mark the beginning of -a people who, at a later date, were to become known as the “Seminóles.” To their numbers may be added the Indians who fled from Carolina after the abortive Indian uprising of 1115 — an event which history records as the Yamasee war. Further population increases occurred when [380]*380Spain — quick to enfold tlie changing wind of Indian loyalty — undertook to encourage additional elements among the Lower Creeks to settle in the depopulated areas of northern Florida. Settlements reappeared in the present-day areas of Tallahassee and Gainesville; included among the immigrants were some of the original Florida Indians.

During the same period that northern Florida was undergoing its erratic, but continuous, population rebirth, the surviving remnants of the southern aborigine continued with their traditional way of life. Although the population decline had been far-reaching, the evidence supports the Commission’s finding that, “in southeast Florida, along the Atlantic coast from Fort Pierce south to Miami, and down along the Keys,” Indians were known to live as early as 1700 and as late as 1763.13 Ind. Cl. Comm, at 332. These Indians, like their northern contemporaries, came to be regarded by the Europeans as Seminóles.

The year 1763 witnessed the end of the first Spanish period in Florida. With the signing of the Treaty of Paris — which brought to an end the struggles among the European powers in the Seven Years’ War- — Florida was given over to the English in return for Havana. In the half century which preceded this event, Spanish influence had been in continuous decline.

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180 Ct. Cl. 375, 1967 U.S. Ct. Cl. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-seminole-indians-of-florida-cc-1967.