Tee-Hit-Ton Indians v. United States
Encyclopedia
Tee-Hit-Ton Indians v. United States, 348 U.S. 272
(1955) is a United States
Supreme Court case
involving a suit by the Tee-Hit-Ton, a subgroup of the Tlingit people. The Tee-Hit-Ton sought compensation for lumber taken from lands they occupied from Congress
. The court ruled against the Tee-Hit-Ton.
for compensation, under Fifth Amendment to the United States Constitution
, for timber taken from tribal-occupied lands in Alaska
authorized by the Secretary of Agriculture
. The tribe contended it had “full proprietary ownership” or at least a recognized right to unrestricted possession; the federal government asserted the opposite, and argued that if the tribe had any rights, they were to use the land at the government’s will.
, which found that the tribe was an identifiable group residing in Alaska
; its interest in the lands prior to purchase of Alaska
was an “original Indian title” but such a title was not enough to bring suit because the Congress
did not recognize the tribe's legal rights of property ownership. The Court of Claims dismissed the tribe's suit.
, writing for the Court, stated that Congress did not intend to grant the Tee-Hit-Ton any permanent rights to the occupied lands but had given them permission to occupy it. Under the concept of conquest, any title to the land was extinguished when the "white man" came per Johnson v. M'Intosh
. No case has held that taking of Indian title or use by Congress
required compensation. Because there was no recognized title to the land, the court decided there was no right to compensation under the Fifth Amendment
.
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...
(1955) is a United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Supreme Court case
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
involving a suit by the Tee-Hit-Ton, a subgroup of the Tlingit people. The Tee-Hit-Ton sought compensation for lumber taken from lands they occupied from Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. The court ruled against the Tee-Hit-Ton.
Background
The Tee-Hit-Ton, a subgroup of the Tlingit people, brought an action in Court of ClaimsUnited States Court of Claims
The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855 as the Court of Claims, renamed in 1948 to the United States Court of Claims , and abolished in 1982....
for compensation, under Fifth Amendment to the United States Constitution
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...
, for timber taken from tribal-occupied lands in Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
authorized by the Secretary of Agriculture
United States Secretary of Agriculture
The United States Secretary of Agriculture is the head of the United States Department of Agriculture. The current secretary is Tom Vilsack, who was confirmed by the U.S. Senate on 20 January 2009. The position carries similar responsibilities to those of agriculture ministers in other...
. The tribe contended it had “full proprietary ownership” or at least a recognized right to unrestricted possession; the federal government asserted the opposite, and argued that if the tribe had any rights, they were to use the land at the government’s will.
Procedural posture
The tribe first filed a suit in the United States Court of ClaimsUnited States Court of Claims
The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855 as the Court of Claims, renamed in 1948 to the United States Court of Claims , and abolished in 1982....
, which found that the tribe was an identifiable group residing in Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
; its interest in the lands prior to purchase of Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
was an “original Indian title” but such a title was not enough to bring suit because the Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
did not recognize the tribe's legal rights of property ownership. The Court of Claims dismissed the tribe's suit.
Decision
Justice Stanley Forman ReedStanley Forman Reed
Stanley Forman Reed was a noted American attorney who served as United States Solicitor General from 1935 to 1938 and as an Associate Justice of the U.S. Supreme Court from 1938 to 1957. He was the last Supreme Court Justice who did not graduate from law school Stanley Forman Reed (December 31,...
, writing for the Court, stated that Congress did not intend to grant the Tee-Hit-Ton any permanent rights to the occupied lands but had given them permission to occupy it. Under the concept of conquest, any title to the land was extinguished when the "white man" came per Johnson v. M'Intosh
Johnson v. M'Intosh
Johnson v. M'Intosh, 21 U.S. 543 , is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans...
. No case has held that taking of Indian title or use by Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
required compensation. Because there was no recognized title to the land, the court decided there was no right to compensation under 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...
.