Reservation

What happened

In the reservation era, the United States confined Native nations to defined territories, usually by treaty, and then often reduced those territories.

The Sioux Nation's experience is documented in detail by the Supreme Court. The Court recounts that in the Fort Laramie Treaty of April 29, 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. The treaty followed the Powder River War, in which, the Court says, the Sioux led by Red Cloud fought to protect earlier-recognized treaty lands from settlers. Article XII said no cession of reservation land would be valid unless signed by at least three fourths of adult male Indians.

In 1871 Congress changed the legal framework. Under the law now at 25 U.S.C. 71, no Indian nation or tribe within the United States would be recognized as an independent nation or power with whom the United States may contract by treaty. Treaties made and ratified before March 3, 1871 were not impaired.

For the Black Hills, the Court describes what followed: Custer's 1874 expedition confirmed gold, the Army was told to stop resisting miners, and a commission sent in 1875 failed to buy the land. Congress then acted in the Act of 1877. In 1980 the Supreme Court held that act was a taking requiring compensation.

Good to know. This era is told mainly through the Sioux; other reservations were created and reduced by different means.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error