Manypenny Commission`s Agreement with the Sioux 1876

The international agreement includes the obligation to make amends in an appropriate form. »). The United States is obliged to return the Sioux nation to the state it was in before its flagrant violation of the 1868 Treaty. See Boyle, 7 St. Thomas L. Rev 723, 733. This means returning the Black Hills to their rightful owners and paying damages for all the natural resources the United States has taken from Sioux lands. This awareness is important because the United States has often acted with selfish duplicity toward Native Americans; They treated Indians as states when it served their purposes, and on the other hand declared them states when statehood and all the legal rights and obligations that international law grants to states would thwart their intentions. However, it is important to note that in international law, recognition as a State is not a prerequisite for the establishment of a State. See [1936] 2 Annuaire de rinstirut de Droit Int`l 300 (“The existence of a new State with all the legal consequences associated with that existence shall not be affected by the refusal of recognition by one or more States.”). Recognition is simply declaratory. Therefore, the fact that the United States may refuse to formally recognize the Sioux Nation as an independent and sovereign state does not change the fact of its existence; nor does it change the historical facts that justify the Treatment of the Sioux Nation by the United States as an independent and sovereign state.

[ Footnote 17 ] See United States v. Tillamooks, 341 United States 48, 49 (1951) (recognizing that the “traditional rule” is that no interest is granted on claims against the United States, unless there is an express provision to the contrary in law, and that the “only exception arises when the withdrawal entitles the plaintiff to equitable compensation under the Fifth Amendment”). In United States v. Klamath Indians, 304 U.S. 119, 123 (1938), the Court noted: “The established rule is that the withdrawal of property by the United States in the exercise of its power over the eminent domain involves a promise to pay fair compensation, that is, value at the time of withdrawal plus an amount sufficient to produce the total equivalent of that value paid at the same time as the withdrawal.” The Court of Claims also noted that following the decision of the Indian Claims Commission, Congress passed an amendment to Section 25 U.S.C. 70a, which generally states that government expenditures “for food, rations or provisions shall not be considered as payments for the claim.” Law of 27 October 1974, 2, 88 Stat. 1499. Thus, the government would no longer have the right to compensate for a judgment finally rendered to the Sioux on the basis of their subsistence funding [448 U.S. 371, 388] in the years following the passage of the 1877 Act.

207 Ct. Cl., at 240, 518 F.2d, at 1301. See paragraph 16, loc. cit. With the withdrawal of the army from its role in enforcing the Treaty of Fort Laramie, the influx of settlers into the Black Hills increased. The administration concluded that the only practical way was to guarantee the right of U.S. citizens to mine the Black Hills for gold. To this end [448 U.S. 371, 379], the Secretary of the Interior appointed a commission in the spring of 1875 to negotiate with the Sioux.

The commission was chaired by William B. Allison. Sioux tribal leaders were aware of the mineral value of the Black Hills and refused to sell the land for less than $70 million. The commission offered the Indians an annual rent of $400,000, or a payment of $6 million, for the absolute abandonment of the Black Hills. The negotiations failed. 9 “Congress resolved this impasse by amending the 1876 `Convention` as an Act of 28 February 1877 (Act of 1877), 19 Stat. 254. The act had the effect of repealing the earlier treaty of Fort Laramie and implementing the terms of the Manypenny Commission`s “agreement” with the Sioux rulers, [hello footnote 14, the court noted], [i]t changed the boundaries of the Great Sioux Reserve by about 900,000 acres of land … during the cut [country] .

. . including the Black Hills, an area of more than 7 million hectares. In return, the government reaffirmed its commitment to provide and provide [subsistence and other agricultural materials] all pensions required by the Treaty of Fort Laramie. However, the provision of rations was linked to the school attendance of [Sioux] children and the work of those who lived on land suitable for agriculture. On July 20, 1867, both houses of Congress authorized a new commission to negotiate peace in the West. The Commission should eliminate the causes of the war while protecting the border colonies and guaranteeing rights of way for the transcontinental railway. The Peace Commission soon learned that a condition of peace with the Sioux was the expulsion of white settlers and soldiers from Sioux territory. Id. at 46-47.

The Sioux wanted to protect their territorial sovereignty and integrity from the invasion of white civilization. Although directly opposed to the hopes of the white expansionists and the war-hungry army, the peace commissioners returned to Sioux land in April 1868 with a draft treaty that gave everything Red Cloud and the other hostile Sioux had demanded. .