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Lone Wolf (person)
Encyclopedia
Lone Wolf the Younger (Cheyenne
Guopahko) was the adopted son of Chief Lone Wolf the Elder. His original name was Mamadayte. The elder Lone Wolf adopted the then 15-year-old Mamadayte and gave him his name for his bravery in battle.
Lone Wolf the Younger fought for the rights of the Kiowa
through the courts and brought forth an action against US Secretary of the Interior Ethan Hitchcock
on behalf of the Kiowa and confederated tribes regarding the disposition of the unratified 1867 Treaty of Medicine Lodge.
The case Lone Wolf v. Hitchcock
187 US 553 (1903) was argued before the United States Supreme Court on October 23, 1902 and decided January 5, 1903 by unanimous vote of 9 to 0. In the final decision, the Court decided that although the treaty was not ratified and its terms then arbitrarily changed without consent through an Act of Congress
, it was not relevant because "The power exists to abrogate the provisions of an Indian treaty" as the Fifth Amendment
does not limit the power of Congress when exercising control over Indian tribes.
The ruling effectively allowed Congress to break any treaty made between the United States and Native tribes with or without the consent of the Native American beneficiaries and then sell off their tribal lands.
The effects of this ruling would be subsequently challenged and the political aspect addressed in United States v. Sioux Nation of Indians
, 448 U.S. 371
(1980)
In that ruling it was found that:
Despite this ruling, the plenary power
claimed by Congress over Native American tribes and affirmed by the Court in Lone Wolf v. Hitchcock, has never been effectively overturned.
Cheyenne language
The Cheyenne language is a Native American language spoken by the Cheyenne people, predominantly in present-day Montana and Oklahoma in the United States. It is part of the Algonquian language family...
Guopahko) was the adopted son of Chief Lone Wolf the Elder. His original name was Mamadayte. The elder Lone Wolf adopted the then 15-year-old Mamadayte and gave him his name for his bravery in battle.
Lone Wolf the Younger fought for the rights of the Kiowa
Kiowa
The Kiowa are a nation of American Indians and indigenous people of the Great Plains. They migrated from the northern plains to the southern plains in the late 17th century. In 1867, the Kiowa moved to a reservation in southwestern Oklahoma...
through the courts and brought forth an action against US Secretary of the Interior Ethan Hitchcock
Ethan A. Hitchcock (Interior)
Ethan Allen Hitchcock served under Presidents William McKinley and Theodore Roosevelt as U.S. Secretary of the Interior.-Early life:...
on behalf of the Kiowa and confederated tribes regarding the disposition of the unratified 1867 Treaty of Medicine Lodge.
The case Lone Wolf v. Hitchcock
Lone Wolf v. Hitchcock
Lone Wolf v. Hitchcock, was a United States Supreme Court case brought against the US government by the Kiowa chief Lone Wolf, who charged that Native American tribes under the Medicine Lodge Treaty had been defrauded of land by Congressional actions in violation of the treaty.The Court declared...
187 US 553 (1903) was argued before the United States Supreme Court on October 23, 1902 and decided January 5, 1903 by unanimous vote of 9 to 0. In the final decision, the Court decided that although the treaty was not ratified and its terms then arbitrarily changed without consent through an Act of Congress
Act of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
, it was not relevant because "The power exists to abrogate the provisions of an Indian treaty" as the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
does not limit the power of Congress when exercising control over Indian tribes.
The ruling effectively allowed Congress to break any treaty made between the United States and Native tribes with or without the consent of the Native American beneficiaries and then sell off their tribal lands.
The effects of this ruling would be subsequently challenged and the political aspect addressed in United States v. Sioux Nation of Indians
United States v. Sioux Nation of Indians
In United States v. Sioux Nation of Indians, 448 U.S. 371 the Supreme Court of the United States held that: 1) The enactment by Congress of a law allowing the Sioux Nation to pursue a claim against the United States that had been previously adjudicated did not violate the doctrine of separation...
, 448 U.S. 371
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1980)
In that ruling it was found that:
- 1. The enactment by Congress of a law allowing the Sioux Nation to pursue a claim against the United States that had been previously adjudicated did not violate the doctrine of separation of powers.
- 2. the taking of property that was set aside for the use of the tribe required just compensation, including interest.
Despite this ruling, the plenary power
Plenary power
A plenary power or plenary authority is the separate identification, definition, and complete vesting of a power or powers or authority in a governing body or individual, to choose to act on a particular subject matter or area...
claimed by Congress over Native American tribes and affirmed by the Court in Lone Wolf v. Hitchcock, has never been effectively overturned.
External links
- Lone Wolf v. Hitchcock, 187 U.S. 553, 23 S.Ct. 216, 47 L.Ed. 299 (1903)http://www.utulsa.edu/law/classes/rice/ussct_cases/Lone_Wolf_v_Hitchcock_187_553.htm at Findlaw.com; ruled
- Indian Nations Tribal Sovereignty By Roy Cook http://www.americanindiansource.com/sovereignty.html