James Clark Strong
Encyclopedia
James Clark Strong was a brevet
ed American Civil War
general and prominent New York attorney in the post-war period. An advocate for Native Americans, he litigated That Portion of the Cayuga Indians Residing in Canada v. State
(N.Y. 1885) and Seneca Nation of Indians v. Christy
(U.S. 1896) on behalf of the Cayuga and Seneca
, respectively, two of the earliest litigations of aboriginal title in New York
.
. Strong resided in the Washington Territory
from 1847 to 1856. Strong married Emily K. Strong; they had three children: Jean D. Strong, Edward Clark Strong, and Stuart Efner Strong.
, rising to the rank of lieutenant colonel
. Strong was badly wounded, developing a permanent limp. After the war, Strong was brevet
ed to the rank of brigadier general
.
As the commanding officer of the 38th New York Volunteer Infantry Regiment, Strong ordered the mustering of the unit out of service on June 22, 1863 in East New York, Brooklyn
.
after the war. Strong was a supporter of Ulysses Grant, and thus an opponent of Horace Greeley
. In a well-published letter, Strong urged his fellow veterans to support Grant's re-election in the United States presidential election, 1872
.
. According to Prof. Hauptman, "Strong was a prominent lawyer and civic-minded resident of Buffalo." Strong omits any discussion of his law practice in his autobiography, jumping from his return to Buffalo on June 30, 1866—to "resume[] the duties of civic life"—to the fall of 1892 when he "went abroad and lectured through England on the North American Indian," on the same page.
As Strong concluded in his 1893 book,
in a claim against New York state for a proportion of treaty annuities, which had not been paid since the 1809. With interest, the Cayuga's claim was valued at $400,000 to $500,000. The state Board of Claims rejected the claim, and Strong's petition for mandamus
relief in the courts—which reached the New York Court of Appeals in 1885—was rejected on the grounds that the Canadian Cayugas were not a party to the treaty.
, challenging the conveyance in violation of the Nonintercourse Act. The New York Court of Appeals rejected the claim, holding that the federal government had implicitly ratified the conveyances, that the states rather than the federal government had the power to extinguish aboriginal title, that the New York statute of limitations barred the action, and that the Nonintercourse Act did not apply to lands within the territory of a state. The U.S. Supreme Court cited the statute of limitations holding as an adequate and independent state ground
and dismissed the writ of error.
in January 1896. Strong's 1910 autobiography was published in Los Gatos.
Brevet
Brevet may refer to:* Brevet , a temporary authorization for a person to hold a higher rank* Brevet , a long-distance bicycle ride with check-point controls* Aircrew brevet, a Royal Air Force and British Army badge...
ed American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
general and prominent New York attorney in the post-war period. An advocate for Native Americans, he litigated That Portion of the Cayuga Indians Residing in Canada v. State
That Portion of the Cayuga Indians Residing in Canada v. State
That Portion of the Cayuga Indians Residing in Canada v. State, 1 N.E. 770 , was an early litigation of aboriginal title in New York, with the Canadian Cayugas seeking to recovery compensation from a prior land cession.-Background:...
(N.Y. 1885) and Seneca Nation of Indians v. Christy
Seneca Nation of Indians v. Christy
Seneca Nation of Indians v. Christy, 162 U.S. 283 , was the first litigation of aboriginal title in the United States by a tribal plaintiff in the Supreme Court of the United States since Cherokee Nation v. Georgia , and the first such litigation by an indigenous plaintiff since Fellows v....
(U.S. 1896) on behalf of the Cayuga and Seneca
Seneca
-People:*Lucius Annaeus Seneca, Seneca the Younger aka Seneca , son of Seneca the Elder, Roman philosopher and playwright, tutor and advisor of Nero*Seneca the Elder , Roman orator and writer...
, respectively, two of the earliest litigations of aboriginal title in New York
Aboriginal title in New York
Aboriginal title in New York has been the source of many disputes regarding the status of aboriginal title in the United States. The European purchase of lands from indigenous populations dates back to the legendary Dutch purchase of Manhattan in 1626, "the most famous land transaction of all."...
.
Early life
Strong was born on May 26, 1826 in Phelps, New YorkPhelps, New York
Phelps, New York may refer to either:*Phelps , New York, located in Ontario County*Phelps , New York, located within the Town of Phelps...
. Strong resided in the Washington Territory
Washington Territory
The Territory of Washington was an organized incorporated territory of the United States that existed from February 8, 1853, until November 11, 1889, when the final extent of the territory was admitted to the Union as the State of Washington....
from 1847 to 1856. Strong married Emily K. Strong; they had three children: Jean D. Strong, Edward Clark Strong, and Stuart Efner Strong.
Civil War
Strong fought on the Union side during the American Civil WarAmerican Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, rising to the rank of lieutenant colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
. Strong was badly wounded, developing a permanent limp. After the war, Strong was brevet
Brevet
Brevet may refer to:* Brevet , a temporary authorization for a person to hold a higher rank* Brevet , a long-distance bicycle ride with check-point controls* Aircrew brevet, a Royal Air Force and British Army badge...
ed to the rank of brigadier general
Brigadier General
Brigadier general is a senior rank in the armed forces. It is the lowest ranking general officer in some countries, usually sitting between the ranks of colonel and major general. When appointed to a field command, a brigadier general is typically in command of a brigade consisting of around 4,000...
.
As the commanding officer of the 38th New York Volunteer Infantry Regiment, Strong ordered the mustering of the unit out of service on June 22, 1863 in East New York, Brooklyn
East New York, Brooklyn
East New York is a residential neighborhood located in the Eastern section of the borough of Brooklyn in New York City, United States. The neighborhood is part of Brooklyn Community Board 5...
.
Politics
A life-long Democrat before the war, Strong became a prominent member of the Republican PartyRepublican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
after the war. Strong was a supporter of Ulysses Grant, and thus an opponent of Horace Greeley
Horace Greeley
Horace Greeley was an American newspaper editor, a founder of the Liberal Republican Party, a reformer, a politician, and an outspoken opponent of slavery...
. In a well-published letter, Strong urged his fellow veterans to support Grant's re-election in the United States presidential election, 1872
United States presidential election, 1872
In the United States presidential election of 1872, incumbent President Ulysses S. Grant was easily elected to a second term in office with Senator Henry Wilson of Massachusetts as his running mate, despite a split within the Republican Party that resulted in a defection of many Liberal Republicans...
.
Legal career
After the war, Strong joined the law firm of his brother John C. Strong in Buffalo, New YorkBuffalo, New York
Buffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
. According to Prof. Hauptman, "Strong was a prominent lawyer and civic-minded resident of Buffalo." Strong omits any discussion of his law practice in his autobiography, jumping from his return to Buffalo on June 30, 1866—to "resume[] the duties of civic life"—to the fall of 1892 when he "went abroad and lectured through England on the North American Indian," on the same page.
As Strong concluded in his 1893 book,
The Red-men are fast passing away. The beautiful land of their nativity will soon known them no more. It is beyond our power to undo the wrongs inflicted upon them by our ancestors; but we can, and ought to be just—even generous—towards the few who are still with us. Let us hasten to remove from our national escutcheon its one foul blot—the stigma of inhumanity and injustice towards the proud but hapless Indian.
Cayuga claim
Strong represented the Cayuga people residing in CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
in a claim against New York state for a proportion of treaty annuities, which had not been paid since the 1809. With interest, the Cayuga's claim was valued at $400,000 to $500,000. The state Board of Claims rejected the claim, and Strong's petition for mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
relief in the courts—which reached the New York Court of Appeals in 1885—was rejected on the grounds that the Canadian Cayugas were not a party to the treaty.
Seneca claim
Strong represented the Seneca Nation of Indians in an ejectment suit against Harrison Christy, one of the successors in title to the Phelps and Gorham PurchasePhelps and Gorham Purchase
The Phelps and Gorham Purchase was the purchase in 1788 of the pre-emptive right to some 6,000,000 acres of land in western New York State for $1,000,000 . This was all land in western New York west of Seneca Lake between Lake Ontario and the Pennsylvania border...
, challenging the conveyance in violation of the Nonintercourse Act. The New York Court of Appeals rejected the claim, holding that the federal government had implicitly ratified the conveyances, that the states rather than the federal government had the power to extinguish aboriginal title, that the New York statute of limitations barred the action, and that the Nonintercourse Act did not apply to lands within the territory of a state. The U.S. Supreme Court cited the statute of limitations holding as an adequate and independent state ground
Adequate and independent state ground
The adequate and independent state ground doctrine is a doctrine of United States law governing the power of the U.S. Supreme Court to review judgments entered by state courts.- Introduction :...
and dismissed the writ of error.
Later life
Strong moved to Los Gatos, CaliforniaLos Gatos, California
The Town of Los Gatos is an incorporated town in Santa Clara County, California, United States. The population was 29,413 at the 2010 census. It is located in the San Francisco Bay Area at the southwest corner of San Jose in the foothills of the Santa Cruz Mountains...
in January 1896. Strong's 1910 autobiography was published in Los Gatos.
Publications
- James Clark Strong, Wah-kee-nah and Her People (G.P. Putnam 1893).
- James Clark Strong, Biographical Sketch of James Clark Strong (1910).