In the case of Minnesota v. Hitchcock in 1901, the state of Minnesota sued Ethan A. Hitchcock, Secretary of Interior under President McKinley's administration, over land disputes. The issue was about whether or not certain lands within the state were part of a public domain and thus available for settlement or if they belonged to Native American tribes as reservations. The Supreme Court ruled against Minnesota stating that Congress had authority over public lands and could make them part of Indian reservations without consent from individual states where those lands are located. This decision reaffirmed federal supremacy in matters related to Native American affairs and public land management.

In the dissenting opinion for Minnesota v. Hitchcock, Justice Harlan argued that the majority's decision violated both the spirit and letter of an 1851 treaty between Native American tribes and the United States government. He contended that this treaty guaranteed these tribes a permanent home on their reservations, which could not be taken away or reduced without their consent. The majority's ruling allowed for public land surveys to take place within reservation boundaries, potentially leading to encroachment on tribal lands by non-Native settlers or corporations seeking natural resources. Harlan believed this was fundamentally unjust and contrary to America’s obligations under its treaties with Native nations.