Nothing in title 23 of the Revised Statutes shall be construed to impair the rights of person or property pertaining to the Indians in any Territory, so long as such rights remain unextinguished by treaty between the United States and such Indians, or to include any Territory which, by treaty with any Indian tribe, is not, without the consent of such tribe, embraced within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of any Territory now or hereafter organized until such tribe signifies its assent to the President to be embraced within a particular Territory. As used herein, the term “Territory” does not include the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands.
Notes of Decisions
Tenorio v. Tenorio, 98 P.2d 838 (N.M. 1940).
· cites it 2× “§ 1839 [ 48 U.S.C.A. § 1451 ], was made applicable to all the territories.”
Martinez v. Martinez, 157 P.2d 484 (N.M. 1945).
“It is obvious from a reading of this section ( 48 U.S.C.A. § 1451 ) that only the lands of ‘Treaty Indians’ were to be, ‘excepted out of the boundaries, and constitute no part of any territory now or hereafter organized until such tribe signifies its assent to the President to…”
In re Admission of Unger, 16 Vet. App. 205 (Vet. App. 2002).
“The applicant purports to rely upon 48 U.S.C. §§ 1451 and 1452, (id. at 6), but those statutes actually sharpen the distinction between “Territory,” as that term is used in those sections, and “United States territories and commonwealths,” later defined in title 48 to include…”
Amaya v. Stanolind Oil & Gas Co., 158 F.2d 554 (5th Cir. 1946).
“48 U.S.C.A. § 1451 et seq. Antecedent to a construction of the pertinent passage of the treaty it would seem profitable to consider the relation of treaties generally to federal and state constitutions and statutes.”
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