United States v. Sioux Nation of Indians

What happened

Under the Fort Laramie Treaty of 1868, the United States pledged that the Great Sioux Reservation, including the Black Hills, would be "set apart for the absolute and undisturbed use and occupation" of the Sioux Nation. No treaty ceding any part of the reservation would be valid against the Sioux unless signed by at least three fourths of the adult male Sioux population.

In 1876 a commission presented the Sioux with an "agreement" to give up the Black Hills and hunting rights in unceded territory in exchange for subsistence rations. Only 10 percent of the adult male Sioux signed it. In 1877 Congress passed an Act putting the agreement into effect, which in effect abrogated the treaty. The Sioux regarded it as a breach, but Congress created no way for them to sue until a special jurisdictional Act in 1920. The Court of Claims dismissed their claim in 1942. After 1946 they brought it again, and in 1978 Congress passed an act allowing the Court of Claims to review the merits afresh.

On June 30, 1980, the Supreme Court affirmed. Justice Blackmun wrote that the 1877 Act did not effect a "mere change in the form of investment of Indian tribal property," but a taking of property "set aside by the Fort Laramie Treaty for the Sioux' exclusive occupation." The Sioux were therefore owed interest on $17.1 million, the fair market value of the Black Hills in 1877, dating from 1877.

The Court of Claims had earlier called the dealings "a more ripe and rank case of dishonorable dealings" than any other in our history. Justice Rehnquist dissented.

Good to know. The remedy was money only.

Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error