Lone Wolf (chief)

This article is about a Kiowa chief. For other uses, see Lone Wolf (disambiguation).

Lone Wolf the Younger, Kiowa

Lone Wolf the Younger (Cheyenne Guopahko) was the adopted son of Chief Lone Wolf the Elder. His original name was Mamadayte. The elder Lone Wolf adopted the then 15-year-old Mamadayte and gave him his name for his bravery in battle.

Lone Wolf the Younger fought for the rights of the Kiowa through the courts and brought forth an action against US Secretary of the Interior Ethan Hitchcock on behalf of the Kiowa and confederated tribes regarding the disposition of the unratified 1867 Treaty of Medicine Lodge.^[1]

The case Lone Wolf v. Hitchcock 187 US 553 (1903) was argued before the United States Supreme Court on October 23, 1902 and decided January 5, 1903 by unanimous vote of 9 to 0. In the final decision, the Court decided that although the treaty was not ratified and its terms then arbitrarily changed without consent through an Act of Congress, it was not relevant because "The power exists to abrogate the provisions of an Indian treaty" as the Fifth Amendment does not limit the power of Congress when exercising control over Indian tribes.

The ruling effectively allowed Congress to break any treaty made between the United States and Native tribes with or without the consent of the Native American beneficiaries and then sell off their tribal lands.

The effects of this ruling would be subsequently challenged and the political aspect addressed in United States v. Sioux Nation of Indians, 448 U.S. 371 (1980)^[2] In that ruling it was found that:

• 1. The enactment by Congress of a law allowing the Sioux Nation to pursue a claim against the United States that had been previously adjudicated did not violate the doctrine of separation of powers.
• 2. the taking of property that was set aside for the use of the tribe required just compensation, including interest.

Despite this ruling, the plenary power claimed by Congress over Native American tribes and affirmed by the Court in Lone Wolf v. Hitchcock, has never been effectively overturned. ^[3][4]

References

1. ^ Pearson, Ellen Holmes. "Lone Wolf v Hitchcock." Teachinghistory.org. Accessed 11 July 2011.
2. ^ "UNITED STATES v. SIOUX NATION OF INDIANS, 448 U.S. 371 (1980)". FindLaw. http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=448&page=371. Retrieved 2008-06-13. 
3. ^ Lone Wolf V. Hitchcock: Treaty Rights and Indian Law at the End of the Nineteenth Century By Blue Clark
4. ^ Due Process of Law and the Equal Protection of the Laws by Hannis Taylor pgs. 111-113

External links

• Lone Wolf v. Hitchcock, 187 U.S. 553, 23 S.Ct. 216, 47 L.Ed. 299 (1903)[1] at Findlaw.com; ruled
• Indian Nations Tribal Sovereignty By Roy Cook [2]