''Tee-Hit-Ton Indians v. United States'', 348 U.S. 272 (1955), is a

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

Supreme Court case involving a suit by the Tee-Hit-Ton, a subgroup of the

Tlingit The Tlingit ( or ; also spelled Tlinkit) are indigenous peoples of the Pacific Northwest Coast of North America. Their language is the Tlingit language (natively , pronounced ),

people. The Tee-Hit-Ton sought compensation from

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

for lumber taken from lands they occupied. The court ruled against the Tee-Hit-Ton.

Background

The Tee-Hit-Ton, a subgroup of the

Tlingit The Tlingit ( or ; also spelled Tlinkit) are indigenous peoples of the Pacific Northwest Coast of North America. Their language is the Tlingit language (natively , pronounced ),

people, brought an action in Court of Claims for compensation, under

Fifth Amendment to the United States Constitution The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amend ...

, for timber taken from tribal-occupied lands in

Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S. ...

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.

Procedural posture

The tribe first filed a suit in the United States Court of Claims, which found that the tribe was an identifiable group residing in

; its interest in the lands prior to purchase of

was an “original Indian title” but such a title was not enough to bring suit because the

did not recognize the tribe's legal rights of property ownership. The Court of Claims dismissed the tribe's suit.

Decision

Justice Stanley Forman Reed, 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'', 21 U.S. (7 Wheat.) 543 (1823), is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall, t ...

''. No case has held that taking of Indian title or use by

required compensation. Because there was no recognized title to the land, the court decided there was no right to compensation under the Fifth Amendment.

External links

* * {{Native American rights 1955 in Alaska 1955 in United States case law Aboriginal title case law in the United States Alaska Natives and United States law United States Native American case law Takings Clause case law Tlingit United States Supreme Court cases United States Supreme Court cases of the Warren Court

Background

Procedural posture

Decision

See also

External links