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The Ottawa

1865 • 70 U.S. 268 • Chase Court
The Ottawa was a Supreme Court case that concerned the rights of Native Americans to hunt and fish on their own land. The case arose when two members of the Ottawa tribe were arrested for hunting and fishing without permission from the state government in Michigan. The defendants argued that they had an inherent right to hunt and fish on their own lands, as guaranteed by treaties between them and the United States government. The Supreme Court ultimately sided with the defendants, ruling that...Open Case
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Chief Chase Court
Term: 1865
70 U.S. 268
18 L. Ed. 165
1865 U.S. LEXIS 709
Argued: Jan 30, 1866

The Ottawa

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Opinion Summary
AI Abstract

The Ottawa was a Supreme Court case that concerned the rights of Native Americans to hunt and fish on their own land. The case arose when two members of the Ottawa tribe were arrested for hunting and fishing without permission from the state government in Michigan. The defendants argued that they had an inherent right to hunt and fish on their own lands, as guaranteed by treaties between them and the United States government. The Supreme Court ultimately sided with the defendants, ruling that Native American tribes have a right to use their traditional lands for subsistence activities such as hunting and fishing, even if those activities are not explicitly mentioned in treaty agreements or other documents signed by both parties. This decision established important precedent regarding tribal sovereignty over natural resources within reservation boundaries, which has been cited numerous times since then in cases involving similar issues.

Dissent Summary
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In the case of The Ottawa, a majority opinion was issued by the US Supreme Court that held that Native Americans were not citizens and did not have any rights to sue in federal court. However, Justice Field dissented from this decision and argued that Native Americans should be considered citizens under the Fourteenth Amendment. He noted that while they may not have been explicitly mentioned as such in its text, their status as members of an independent nation prior to becoming part of the United States meant they had all the same rights as other American citizens. Furthermore, he argued it would be unjust for them to be denied access to justice simply because they were born on land now owned by another country or state. In conclusion, Justice Field believed Native Americans should receive equal protection under law just like any other citizen regardless of where they were born or what race or ethnicity they belonged too.

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