OCR Text |
Show 22 third parties. However, it took the time that elapsed between the decision in the United States vs. Anthony Joseph (Supreme Court U.S., 1877) and in the United States vs. Felipe Sandoval (Supreme Court U.S., 1913) for the Supreme Court of the United States to discover the similarities between Spanish, Mexican, and United States Indian policies, in this case as they referred to the Pueblo Indians. The experience of the Pueblo Indian causes in the courts during that 36- year interim period is a wondrous one, worthy of a close look. There was never a treaty negotiated with the Pueblo Indians by the representatives of the United States from the time New Mexico was occupied by General Kearny in 1846 until the end of treaty making with Indian tribes in 1871. Section 7 of the Appropriation Act of February 27, 1851, however, attempted to make Section 11 of the Indian Intercourse Act of June 30, 1834 extend to Indian tribes in New Mexico and Utah territories and, thus, to make unauthorized settlement of tribal lands within those territories a Federal offense subject to protection from the United States. In the case of Jose Juan Lucero, however, the Supreme Court of New Mexico territory in 1869 distinguished between the Pueblo Indians and other Indians. In retrospect, some of the findings seem historically unfounded. Although agents had been assigned to the Pueblo Indians since the 1850's, in order to weaken one of the grounds of the Lucero decision, an agent for "the Pueblo Agency" was called for in the Appropriation Act of May 29, 1872 to make the relationships with the Pueblos seem more similar to those with other Indians. By such |