34 Ala. 288 | Ala. | 1859
This case involves the construction of the 14th article of the treaty between the United States and the Choctaw Indians, concluded at Dancing Rabbit creek, 15th September, 1830. That article is in the following Vords:
“Each Choctaw head of a family, being desirous to remain and become a citizen of the States, shall be permitted to do so, by signifying his intention to the agent within six months from the ratification of this treaty; and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one-half that quantity for each unmarried child which is living with him over ten years of age, and a quarter-section to such child as may be under ten years of age, to adjoin the location of the parent. If they reside
WiHiam Hall was the “ Choctaw head of a family,” and, at the date of the treaty, had living with him seven chil-, dren, of whom three were over, and four under, the age of ten years. In pursuance of the article above quoted, he claimed as his x-eservation three 'and a half sections of land, including the section on which he lived; and in making his claim, he repoi’ted to the agent of the United States (according to what is shown to have been the general practice in executing this article of the treaty) the number and ages, but not the names of his children. By virtue of the claim thus made, he secured a reservation of three and a half sections. No question arises in this case as to the title to the section on which Hall was living when the treaty was concluded. But in reference to the remaining two and a half sections embraced by the reservation, the question is, wliethei’, under the treaty, Hall took them absolutely for himself, or whether his children living with him took legal or equitable estates therein which he could not convey.
If, under the treaty, an interest vested in the children, it is not necessary for us to decide whether the grant was meant to be directly to them, or to the parent in t'rust for them. In either event, the result, so far as the decision of this case is concerned, is the same.
It must be admitted, that the language of the treaty, and especially of this particular article, is clumsy and inartificial. We do not, howevei’, concur with Mi'. Attorney-Genei’al Legare, in the remark made by him in the opinion which is embodied in the transci’ipt, that “ the words are so extremely doubtful, as to be susceptible of either of the conflicting constructions insisted on.” — At
This construction of the 14th article derives powerful
The design of the treaty was to make permanent citizens of those of the tribe who should remain in the States; and for this purpose, a bonus, in the shape of a reservation of land, is provided for all who continue to reside in the ceded territory with that intention. The contentment and comfort of the families remaining would obviously be promoted, if the possessions of the parent and his children should be near each other. The provision that the reservations should adjoin is altogether consistent with the idea, that a part of the reservations were to belong to the children; for the proximity of the lands to those of the father, would tend to keep them contented, and increase the probability of their becoming permanent citizens. Upon the supposition that the additional reservations were for the children, we can perceive a substantial reason for the provision, that they should adjoin the location of the parent. On the other hand, if all the reservation’s were for the parent exclusively, the benefit conferred would have been enhanced by allowing him a lai’ger choice of location.
Other articles of the treaty confirm the idea, that the advantages secured by it to the Indians were not intended exclusively for adults, but that the interests of the children of the tribe were especially contemplated. Notice particularly the stipulations contained in the 20th article,
Our conclusion is, that it was the purpose of the treaty to make substantive and distinct provisions for the children; and that a single section of land (the one on which his improvement, or a part of it was situated) was the extent of the reservation to which the father was entitled for himself. We are supported in this construction by the opinion of the court in Pickens v. Harper, 1 Sm. & M. Ch. 539; see, also, Newman v. Harris & Plumer, 5 How. Miss. 564.
The decree is affirmed.