United States v. Sandoval
Encyclopedia
United States v. Sandoval, , was a case decided by the United States Supreme Court.
people in 1689. Mexico ceded most of what is today New Mexico to the United States in 1848 under the Treaty of Guadalupe Hidalgo. New Mexico was a territory until January 6, 1912, when it became the forty seventh state to be added to the United States. Previous decisions of the U.S. Supreme Court held that the Nonintercourse Act did not restrict the alienability of Pueblo peoples or lands. When the Supreme Court reversed its position in 1913, the land title to much of the state was called into question. Justice Miller of the Supreme Court had previously ruled that “Every person who makes a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or surveys or attempts to survey said lands, or to designate any of the boundaries by marking trees or otherwise, is liable to a penalty of $1,000. ” Congress responded in 1924 and 1933 with compromise legislation to extinguish some aboriginal title
and to establish procedures for determination and compensation. In United States v. Sandoval, 231 U.S. 28 (1913), the question before the Supreme Court was whether Pueblo lands, which were owned by land grants with the Spanish government and later recognized by the United States after the Mexican American war, were "owned" by the Pueblo peoples. The case involved the sale of alcohol by a non-Indian, Felipe Sandoval, to the Pueblo of New Mexico at the San Juan Village. Sandoval argued such sales were legal, based on decisions territorial court since 1905. New Mexico become a State in 1912. The Statehood Act acknowledged Pueblo lands as "Indian Country
" defined as "distinctly Indian communities, recognized and treated by the government as dependent communities entitled to federal protection." The court ultimately ruled that it was for Congress alone to determine when guardianship over Indians should cease. The citizenship of Indians did not prevent Congress from enacting laws to protect and benefit tribes.
delivered the opinion of the Court. The Court held that the enabling act applied generally applicable federal Indian statutes to the Pueblo.
Sandoval repudiated the prior Supreme Court case of United States v. Joseph (1876), which had held that the Pueblos were not "Indians."
" of alcohol continued after the decision. The Bureau of Indian Affairs
took little action against bootleggers, although tribal courts did mete out punishment. In 1953, the BIA lifted the ban on possession and distribution of alcohol, as part of its "tribalization" policy.
and Worcester v. Georgia
.
New Mexico Senator Holm Bursum proposed legislation to quiet titles in the states. Secretary of the Interior Albert Fall also supported this approach.
The bill was discussed on November 3, 1922 at a meeting of 19 Pueblos in Santa Domingo between. The Pueblos opposed the legislation, publishing "An Appeal for Fair Play and the Preservation of Pueblo Land" on November 5, 1922. John Collier
published articles outlining the reasons for the Pueblo's opposition in the Santa Fe New Mexican (November 6) and the New York Times (November 7). Soon thereafter, the hearings for the bill were dlayed until February 1923. In the interim, Secretary Fall was replaced.
A compromise bill was created in 1924, which some Pueblos supported. The new bill created a Pueblo Lands Board to resolve disputed claims.
Background
The King of Spain granted formal title to the PuebloPueblo
Pueblo is a term used to describe modern communities of Native Americans in the Southwestern United States of America. The first Spanish explorers of the Southwest used this term to describe the communities housed in apartment-like structures built of stone, adobe mud, and other local material...
people in 1689. Mexico ceded most of what is today New Mexico to the United States in 1848 under the Treaty of Guadalupe Hidalgo. New Mexico was a territory until January 6, 1912, when it became the forty seventh state to be added to the United States. Previous decisions of the U.S. Supreme Court held that the Nonintercourse Act did not restrict the alienability of Pueblo peoples or lands. When the Supreme Court reversed its position in 1913, the land title to much of the state was called into question. Justice Miller of the Supreme Court had previously ruled that “Every person who makes a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or surveys or attempts to survey said lands, or to designate any of the boundaries by marking trees or otherwise, is liable to a penalty of $1,000. ” Congress responded in 1924 and 1933 with compromise legislation to extinguish some aboriginal title
Aboriginal title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism...
and to establish procedures for determination and compensation. In United States v. Sandoval, 231 U.S. 28 (1913), the question before the Supreme Court was whether Pueblo lands, which were owned by land grants with the Spanish government and later recognized by the United States after the Mexican American war, were "owned" by the Pueblo peoples. The case involved the sale of alcohol by a non-Indian, Felipe Sandoval, to the Pueblo of New Mexico at the San Juan Village. Sandoval argued such sales were legal, based on decisions territorial court since 1905. New Mexico become a State in 1912. The Statehood Act acknowledged Pueblo lands as "Indian Country
Indian Country
Indian country is a term used to describe the many self-governing Native American communities throughout the United States. This usage is reflected in many places, both legal and colloquial...
" defined as "distinctly Indian communities, recognized and treated by the government as dependent communities entitled to federal protection." The court ultimately ruled that it was for Congress alone to determine when guardianship over Indians should cease. The citizenship of Indians did not prevent Congress from enacting laws to protect and benefit tribes.
Opinion
Justice Willis Van DevanterWillis Van Devanter
Willis Van Devanter was an Associate Justice of the United States Supreme Court, January 3, 1911 to June 2, 1937.- Early life and career :...
delivered the opinion of the Court. The Court held that the enabling act applied generally applicable federal Indian statutes to the Pueblo.
Sandoval repudiated the prior Supreme Court case of United States v. Joseph (1876), which had held that the Pueblos were not "Indians."
Bootlegging
"BootleggingRum-running
Rum-running, also known as bootlegging, is the illegal business of transporting alcoholic beverages where such transportation is forbidden by law...
" of alcohol continued after the decision. The Bureau of Indian Affairs
Bureau of Indian Affairs
The Bureau of Indian Affairs is an agency of the federal government of the United States within the US Department of the Interior. It is responsible for the administration and management of of land held in trust by the United States for Native Americans in the United States, Native American...
took little action against bootleggers, although tribal courts did mete out punishment. In 1953, the BIA lifted the ban on possession and distribution of alcohol, as part of its "tribalization" policy.
Implications for Pueblo lands
Sandoval, by holding that the Nonintercourse Act applied to the Pueblo, cast a cloud over many non-Indian land titles in New Mexico. In effect, the Court had repudiated the prior view that the Pueblo held land in fee simple and were able to sell land to non-Indians without Congressional approval. The federal government, which viewed the Pueblo title as held by tribes rather than individual Indians, argued that the Nonintercourse Act applied. Further, the federal government viewed the Pueblo as a "domestic dependent nation" within the meaning of Cherokee Nation v. GeorgiaCherokee Nation v. Georgia
Cherokee Nation v. Georgia, , was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits...
and Worcester v. Georgia
Worcester v. Georgia
Worcester v. Georgia, 31 U.S. 515 , was a case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Indians from being present on Indian lands without a license from the state was unconstitutional.The...
.
New Mexico Senator Holm Bursum proposed legislation to quiet titles in the states. Secretary of the Interior Albert Fall also supported this approach.
The bill was discussed on November 3, 1922 at a meeting of 19 Pueblos in Santa Domingo between. The Pueblos opposed the legislation, publishing "An Appeal for Fair Play and the Preservation of Pueblo Land" on November 5, 1922. John Collier
John Collier (reformer)
John Collier was an American social reformer and Native American advocate. He served as Commissioner for the Bureau of Indian Affairs in the President Franklin D. Roosevelt administration, from 1933-1945...
published articles outlining the reasons for the Pueblo's opposition in the Santa Fe New Mexican (November 6) and the New York Times (November 7). Soon thereafter, the hearings for the bill were dlayed until February 1923. In the interim, Secretary Fall was replaced.
A compromise bill was created in 1924, which some Pueblos supported. The new bill created a Pueblo Lands Board to resolve disputed claims.