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Article: Treaties, Agreements, Executive Orders, Acts & Regulations

OTHER FIRST NATIONS
(Information is being gathered)

FRANCE
1660-1800 Treaties pertaining to peace, friendship and trade were made
(Documentation are being collected)

GREAT BRITIAN

Treaties

1750 –1812 A number of Treaties were made with the British that pertained to peace, friendship, trade and support during the French and Indian Wars, the American Revolutionary War, and the War of 1812.
(Documents are being gathered)

Acts

1763 Royal Proclamation

With the end of the Seven Years War between Britain and France, the conditions of peace were spelled out in the Treaty of Paris. The terms of peace gave Britain title to various new territories in America. In order to manage these territorial acquisitions a Royal Proclamation was decreed. In Canada, the Proclamation is the basis of our understanding of the legal nature of Indian title and an historical root of the treaty process. Its provisions underlie the surrenders and designations of reserve land, which still take place pursuant to the Indian Act.

1774 Quebec Act

Under the terms of peace agreed to in the Treaty of Paris, Britain gained full control over New France, which became known as Quebec. With rebellions in the colonies to the South, which would later form the beginnings of the United States, the British worried that the French might not be in favour of supporting them.

1791 Constitutional Act

The Constitutional Act of 1791 was an act of the British Parliament that repealed certain parts of the Quebec Act of 1774 and effectively divided the colony into two provinces. What had previously been known, as the colony of "The Province of Quebec" was transformed.

1795 The John Jay Treaty

Treaty between the English and the Americans after the Revolutionary War, contains clause at end: Indians can cross Canada-U.S. border freely without interference by customs, duties, etc on either side. No other mention of responsibilities to Indian allies, their lands either side. Canada refuses to recognize this Treaty.

War of 1812 - Treaty of Ghent - Text of the Treaty

1840 Union Act

The British Parliament reunited Upper and Lower Canada under the Union Act, creating the Province of Canada. The British made the decision to reunite the two provinces into one, 49 years after the Constitutional Act was passed to separate them. Parliament approved the act.

1867 Constitution Act (1871) [BNA Act]

In December of 1866, delegates from the three provinces attended a conference in London, England to discuss the proposed plans for confederation. This conference, chaired by Sir John A. Macdonald and attended by some of the leading Fathers of Confederation, was to lay the groundwork.. Section 91 of the Act establish the confederate governments obligation to First Nations

1982 Canada Act/Constitution Act

This Act was the last constitutional enactment for Canada to be made by the Parliament of the United Kingdom. It thus has the political importance of patriating the Canadian constitution; all future amendments must be done within Canada and according to amending formulas set out in Part V of the 1982 Constitution Act, which the Canada brought into force. Further Canada is hereinafter exempt of laws enacted by the Parliament of the United Kingdom. The 1982 Constitution Act brought into effect the Charter of Rights And Freedoms and includes a number of clauses that are key to protecting Aboriginal right sin Canada, they are as follows:
PART I
Section 25 of the Charter of Rights:

 

25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including
(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
(b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.

PART II
RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA

 

35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
(2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit, and Metis peoples of Canada.
(3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired.
(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.
35.1 The government of Canada and the provincial governments are committed to the principal that, before any amendment is made to Class 24 of section 91 of the "Constitution Act, 1867", to section 25 of this Act or to this Part,
(a) a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada; and
(b) the Prime Minister of Canada will invite representatives of the aboriginal peoples of Canada to participate in the discussions on that item.

UNITED STATES

Treaties & Agreements

• 1805 Treaty with the Sioux
  • First land cession treaty with the US
• 1815 Treaty with the Yankton Sioux
• 1815 Treaty with the Sioux of the Lakes
• 1815 Treaty with the Sioux of St. Peter's River
• 1815 Treaty With The Teton
• 1816 Treaty With The Sioux
• 1815 & 1816 Treaties: The US wanted to re-establish peace and friendship between the United States and the said tribe, and in every respect to be on the same footing upon which they stood before the late war between the United States and Great Britain,
• 1825 Treaty With The Sioune And Oglala Tribes
• 1825 Treaty With The Teton, Yankton, Etc., Sioux
• 1825 Treaty With The Hunkpapa Band Of The Sioux Tribe
• 1825 Treaty With The Chippewa, Sacs And Fox, Menominie, Ioway, Sioux, Winnebago, a portion of the Ottawa, and Potawattomie Tribes.
  • The 1825 treaties state that the named tribes/bands will reside within the territorial limits of the United States, acknowledge US supremacy, and claim their protection. Further that the said tribes/bands also admit the right of the United States to regulate all trade.
• 1826 Treaty With The Chippewa
• Treaty at Prairie Du Chien, August, 1825, to end the war between Chippewa and Sioux Indians.
• 1830 Treaty With The Yankton, Santee Bands, Omahaws,, Etc
  • This treaty was for land cession, in addition the treaty established a buffer between the Sioux and the Sauk and Foxes and a reserve for Dakota half breeds.
• 1832 Treaty With The Sauk And Foxes
  • Sauk and Foxes promise to use their influence to procure the delivery of other Sauks and Foxes, who may still be prisoners in the hands of a band of Sioux Indians, the friends of the United States.
• 1836 Treaty With The Sioux, Etc.
• 1836 Treaty With The Sioux, Iowa, Etc
• 1836 Treaty With The Sioux
• 1836 Treaty With The Sioux - Wahpaakootah, Susseton, and Upper Medawakanton
• The 1836 Treaties are for land cession.
• 1837 Treaty With The Sioux
• 1837 Treaty With The Yankton Sioux
• The 1837 Treaties are land cession treaties.
• 1851 Treaty Fort Laramie With The Sioux, Assiniboine, Etc.
• The 1851 Fort Laramie Treaty defines the territories of various tribes and seeks safe passage to the Pacific via the Oregon trail.
• 1851 Treaty With The Sioux-- Sisseton And Wahpeton Bands
  • Known as the Treaty of Traverse De Sioux, the Sisseton and Wahpeton ceded all their lands in present day Minnesota and a portion of South Dakota to the US except a small amount that was to be set aside for the Upper Sioux Reservation. There was difficulty in getting the Treaty ratified and the Senate struck out the reservation provision of a reservation in the ceded territory. Within days hordes of settlers flood in to the ceded territory.
• 1851 Treaty With The Sioux-Mdewakanton And Wahpakoota Bands
  • Known as the Treaty of Mendota, the Mdewakton and Wahpakoota ceded all their lands in present day Minnesota and a portion of South Dakota to the US except a small amount that was to be set aside for the Upper Sioux Reservation. There was difficulty in getting the Treaty ratified and the Senate struck out the reservation provision of a reservation in the ceded territory. Within days hordes of settlers flood in to the ceded territory.
• 1855 Treaty with the Blackfeet.
• 1858 Treaty with the Sioux – Wahpeton and Sisseton
  • Each head of household to be allotted 80 acres and the balance of lands on the Upper Sioux Reservation to be sold.
• 1858 Treaty with the Yankton
  • Land cession, establishes the Yankton Sioux reservation
• 1865 Treaty with the Sioux - Oglala Band
• 1865 Treaty with the Sioux – Two Kettle Band
• 1865 Treaty with the Sioux – Hunkpapa Band
• 1865 Treaty with the Sioux – Yanktonia Band
• 1865 Treaty With The Sioux—Upper Yanktonai Band
• 1865 Treaty with the Blackfeet Sioux
  • Reaffirms Blackfoot territory and obtains commitment form them to remain at peace with the Assiniboine, Sioux and other tribes.
• 1865 Treaty With The Sioux—Sans Arcs Band
• 1865 Treaty With The Sioux—Miniconjou Band
• 1865 Treaty With The Sioux—Lower Brulé Band
  • The 1865 Sioux Treaties were widely advertised as signifying the end of the Plains wars although none of the war chiefs had signed any of these treaties.
• 1867 Treaty With The Sioux—Sisseton And Wahpeton Bands
• 1868 Treaty With The Sioux—Brulé, Oglala, Miniconjou, Yanktonai, Hunkpapa, Blackfeet, Cuthead, Two Kettle, Sans Arcs, And Santee—And Arapaho
• 1872 Agreement With The Sisseton And Wahpeton Bands Of Sioux Indians
• 1873 Amended Agreement With Certain Sioux India (Sisseston-Wahpeton)
• 1882–83 Agreement With The Sioux Of Various Tribes

 

Executive Orders Specific to the O©eTi §aúowiñ

From "Indian Affairs: Laws and Treaties" compiled by Charles Kappler to 1913:

• 1862 President Lincoln Orders the Execution of 38 Dakota at Mankato, Minnesota
  [This is the largest mass execution in the history of the United States. Initially 303 were sentenced to executed, President Lincoln intervened and reduced the number to 39. New evidence lead to the acquittal of another. On December 26, 1862 38 were hung and buried in a single grave on the edge of town.]
• 1866 President Andrew Jackson Orders the Release of 177 Dakota Prisoners of War.
• 1863 Crow Creek Reserve
• 1863 Old Winnebago Reserve
• 1866 Niobrara Reserve
• 1867 Santee Sioux Reserve
• 1867 Santee Sioux Nebraska
• 1869 Santee Sioux Reserve
• 1869 Santee Sioux Nebraska
• 1873 Santee Sioux Nebraska
• 1875 Sioux Reserve (January)
• 1875 Sioux Reserve (May)
• 1879 Drifting Goose Reserve
• 1879 Sioux Reservation
• 1880 Drifting Goose Reserve
• 1882 Sioux Reserve Nebraska area (Pine Ridge)
• 1885 Niobrara or Santee Sioux Nebraska
• 1885 Old Winnebago Reserve
• 1904 Disposal of Sioux Lands
• Executive Orders relating to North Dakota Indian Reserves
• Executive Orders relating to Minnesota Indian Reserves. - Mdewakanton Sioux Reserve.
• Executive Orders relating to Montana Indian Reserves.Fort Peck Reserve.
  [Occupied by Assiniboin, Brulé, Santee, Teton, Hunkpapa, and Yanktonai Sioux; area, 2,775 square miles; established by treaty, etc.,and Fort Belknap Reserve occupied by Assiniboine and Gros Ventre see “Blackfeet Reserve.”].

 

Proclamations Specific to the O©eTi §aúowiñ

From "Indian Affairs: Laws and Treaties" compiled by Charles Kappler to 1913:

• 1890 Proclamation on opening of Sioux Reservation
• 1890 Proclamation on Indian titles extinguished to lands on Ponca Reservation, Nebraska. Whereas, by section thirteen of the act entitled “An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes.
• 1892 Proclamation on agreement with Lake Traverse Indians, North and South Dakota, to open lands for settlement.
• Proclamation on ceded Yankton Sioux land open for settlement
• 1904 Proclamation restoring to public domain the St. John's Mission School lands in South Dakota
• 1904 Proclamation pertaining to lands in South Dakota, ceded to the U.S. by Sioux Indians.
• 1904 Proclamation pertaining to lands in North Dakota, ceded to the U.S. by Sioux Indians.

Acts of Congress Specific to the O©eti §aúowiñ

• 1863 Act of Congress for the Forced Removal of all Sioux and Winnebago Indians from the state of Minnesota.
• 1877 44th Congress Second Session – the Many Penny Act to take the Black Hills from the O©eþi §aúowiñ
  • When the O©eti §aúowiñ refused to give the United the Black Hills they declared them hostile and demand them to report to their reservation headquarters in the midst of winter. The people did not replay thus the US Calvary was sent to force them onto the reservation. The calgary’s pursuit lead to the Battle of the Little Big Horn on June 25, 876. The following year Congress passed a bill to take the sacred Black Hills from the O©eti§aúowiñ thereby violating the provisions of the 1851 and the 1868 Fort Laramie Treaties. In the 1980’s the United States Supreme Court rule it to be largest case of theft in the history of the United States.
• Acts of 38th Congress, First Session, 1864, Chapter 148. For deficiencies in subsistence and expenses of removal and support of the Sioux and Winnebago Indians of Minnesota.
• Acts of 45th Congress, First Session, 1876, Chapter 289. Act pertaining to Sioux appropriations, removal of Poncas to Indian Territory, and creation of a fund for Eastern Band of Cherokee Indians.
• Acts of 44th Congress, Second Session, 1877, Chapter 72. An act to ratify an agreement with certain bands of the Sioux Nation of Indians, and also with the Northern Arapaho and Cheyenne Indians.
• Acts of 46th Congress, Third Session, 1881, Chapter 23. An act for the relief of the Winnebago Indians in Wisconsin, and to aid them to obtain subsistence by agricultural pursuits, and to promote their civilization. Whereas a portion of the funds belonging to said Winnebago Indians of Wisconsin, and accruing under the act of June twenty-fifth, eighteen hundred and sixty-four, “providing for deficiencies in subsistence and expenses of removal and support of the Sioux and Winnebago Indians.
• Acts of 47th Congress, First Session, 1882, Chapter 163. Act authorizing appropriations for creation of Industrial Schools in Indian Territory and Dakota Territory.
• Acts of 47th Congress, Second Session, 1883, Chapter 61. That the patents authorized to be issued to certain individual Indians by the concluding paragraph of article six of the treaty with the Sioux Indians, proclaimed, the twenty-fourth day of February, eighteen hundred and sixty-nine shall be of the legal effect and declare that the United States does and will hold the land thus allotted for the period of twenty-five years in trust.
• Acts of 48th Congress, Second Session, 1885, Chapter 320. An act to authorize the Secretary of the Interior to ascertain the amounts due to citizens of the United States for supplies furnished to the Sioux or Dakota Indians of Minnesota subsequent to June first, eighteen hundred and sixty-one, and prior to the massacre of August, eighteen hundred and sixty-two, and providing for the payment thereof.
• Acts of 49th Congress, Second Session, 1887, Chapter 119. An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the U.S. and the Territories over the Indians.
• Acts of 50th Congress, First Session, 1888, Chapter 213. An Act to ratify and confirm an agreement with the Gros Ventre, Piegan Blood, Blackfeet, and River Crow Indians in Montana.
• Acts of 50th Congress, Second Session, 1889, Chapter 378. An act granting right of way to the Forest City and Watertown Railroad Company through the Sioux Indian Reservation.
• Acts of 50th Congress, Second Session, 1889, Chapter 405. An Act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder.
• Acts of 50th Congress, Second Session, 1889, Chapter 421. An Act for the disposition of the agricultural lands embraced within the limits of the Pipestone Indian Reservation in Minnesota.
• Acts of 51st Congress, Second Session, 1919, Chapter 543. An Act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes.
• Acts of 51st Congress, Second Session, 1891, Chapter 77. An act to enable the Secretary of the Interior to carry out, in part, the provisions of “An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder.
• Acts of 52nd Congress, First Session, 1892, Chapter 156. Duties of Commissioner of Indian Affairs, including rules to secure attendance of Indian children at schools, commutation of rations to civilized Indians, and report of all employees annually; and compensation to the Assistant Attorney-General in charge of Indian depredation claims.
• Acts of 52nd Congress, Second Session, 1892, Chapter 164. An Act for appropriations pertaining to Cherokee Training School, North Carolina, Coeur d'Alene Indians, Crow Indians, Delaware Indians, Santee Sioux Indians, Spokane Indians, and Chippewa Indians.
• Acts of 52nd Congress, Second Session, 1893, Chapter 209. That for the purpose of paying to the scouts and soldiers of the Sisseton, Wahpeton, Medawakanton, and Wapakoota bands of Sioux Indians who were enrolled and entered into the military service of the United States, and served in suppressing what is known as the Sioux outbreak of eighteen hundred and sixty-two.
• Acts of 53rd Congress, Second Session, 1893-94, Chapter 69. An Act to authorize the reconstruction of a bridge across the Niobrara River near the village of Niobrara, Nebraska, and making an appropriation therefor.
• Acts of 53rd Congress, Second Session, 1893-94, Chapter 290. Agreement with Yankton Sioux, in South Dakota, ratified.
• Acts of 53rd Congress, Third Session, 1895, Chapter 188. An act making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1896.
• Acts of 53rd Congress, Third Session, 1895, Chapter 81. An act granting right of way to the Forest City and Sioux City Railroad Company through the Sioux Indian Reservation.
• Acts of 54th Congress, First Session, 1896, Chapter 26. An act authorizing the city of Chamberlain to use or lease American Island from Sioux Nation in Dakota, from Indian Affairs.
• Acts of 54th Congress, First Session, 1896, Chapter 398. An act pertaining to Indian Department appropriations.
• Acts of 55th Congress, First Session, 1897, Chapter 3. An act pertaining to Indian Department appropriations.
• Acts of 55th Congress, Second Session, 1898, Chapter 545. Patents to Santee Sioux Indians.
• Acts of 55th Congress, Third Session, 1899, Chapter 424. That all persons who may have heretofore settled upon that portion of the Great Sioux Indian Reservation which was opened up to settlement under and by virtue of the Act of March second, eighteen hundred and eighty-nine, entitled “An Act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes,” may secure patents for the lands.
• Acts of 55th Congress, Third Session, 1899, Chapter 450. An act to ratify agreements with the Indians of the Lower Brule and Rosebud reservations in South Dakota, and making an appropriation to carry the same into effect.
• Acts of 55th Congress, Third Session, 1899, Chapter 324. An act pertaining to Indian Department appropriations.
• Acts of 56th Congress, Second Session, 1901, Chapter 474. Purchase of lieu lands for Mdewakanton band of Sioux Indians, Redwood County, Minn., authorized.
• Acts of 56th Congress, Second Session, 1901, Chapter 832. Sisseton and Wahpeton bands of Dakota or Sioux Indians. Court of Claims to determine claims of loyal members since act of forfeiture, etc.
• Acts of 56th Congress, Second Session, 1901, Chapter 869. An act granting a right of way to the Jamestown and Northern Railway through the Devils Lake Indian Reservation, in the State of North Dakota.
• Acts of 57th Congress, First Session, 1902, Chapter 888. An Act pertaining to Indian Department appropriations.
• Acts of 57th Congress, Second Session, 1903, Chapter 004. An Act pertaining to Indian Department appropriations. To enable the President to cause to be allotted, under the provisions of the act of March second, eighteen hundred and eighty-nine, entitled “An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purpose,” the lands in said separate reservations as provided in said act, including the necessary resurveys, ten thousand dollars.
• Acts of 58th Congress, Second Session, 1904-5, Chapter 1402. An Act pertaining to Indian Department appropriations.
• Acts of 58th Congress, Second Session, 1904, Chapter 1484. An act to ratify and amend an agreement with the Sioux Indians of the Rosebud Reservation, South Dakota, and making appropriation and provision to carry the same into effect.
• Acts of 58th Congress, Second Session, 1904, Chapter 1620. An act to modify and amend an agreement with the Indians of the Devils Lake Reservation, North Dakota.
• Acts of 58th Congress, Third Session, 1904-5, Chapter 545. An act to provide for the extension of time within which homestead settlers may establish their residence upon certain lands on the Rosebud Indian Reservation, South Dakota, and the Devils Lake Indian Reservation, North Dakota.
• Acts of 58th Congress, Third Session, 1904-5, Chapter 1479. An act pertaining to Indian Department appropriations.
• Acts of 59th Congress, First Session, 1906, Chapter 962. An act authorizing and directing the Secretary of the Interior to sell and convey to the State of Minnesota a certain tract of land situated in the county of Dakota, Minnesota.
• Acts of 59th Congress, First Session, 1906, Chapter 3504. An act pertaining to Indian Department appropriations.
• Acts of 59th Congress, Second Session, 1906-07, Chapter 2285. An act pertaining to Indian Department appropriations.
• Acts of 59th Congress, Second Session, 1906-07, Chapter 2536. An act to authorize the sale and disposition of a portion of the surplus or unallotted lands on the Rosebud Indian Reservation, South Dakota.
• Acts of 60th Congress, First Session, 1908, Chapter 27. An act authorizing the supply of urgent deficiencies in appropriations.
• Acts of 60th Congress, First Session, 1908, Chapter 153. An act authorizing the supply of urgent deficiencies in appropriations.
• Acts of 60th Congress, First Session, 1908, Chapter 216. An Act to authorize the Secretary of the Interior to issue patents in fee to purchasers of Indian lands under any law now existing or hereafter enacted.
• Acts of 60th Congress, First Session, 1908, Chapter 218. An Act to authorize the sale and disposition of a portion of the surplus and unallotted lands in the Cheyenne River and Standing Rock Indian Reservations, South Dakota and North Dakota.
• Acts of 60th Congress, Second Session, 1909, Chapter 263. An Act pertaining to Indian Department appropriations.
• Acts of 61st Congress, 2nd, 1910, Chapter 140. An Act pertaining to Indian Department appropriations.
• Acts of 61st Congress, 2nd, 1910, Chapter 431. An Act to provide for determining the heirs of deceased Indians, for the disposition and sale of allotments of deceased Indians, and for the leasing of allotments.
• Acts of 61st Congress, Third Session, 1910-11, Chapter 210. An Act pertaining to Indian Department appropriations.
• Acts of 62nd Congress, Second Session, 1911-12, Chapter 388. An Act pertaining to Indian Department appropriations.
• Acts of 63rd Congress, Rirst Session, 1913, Chapter 4. An Act pertaining to Indian Department appropriations.

 

Acts Pertaining to Native Americans in General

1787 Northwest Ordinance

The final of four Ordinances was adopted by the Confederation Congress sitting in its last session, in 1787. In sum, the Northwest Ordinance dealt with the territory acquired from Great Britain in the aftermath of the war---land north of the Ohio River and east of Mississippi. It made four crucial promises to prospective states in this region. First, that each would enter the union "on an equal footing with the original states." Second, that revenue generated from the sale of a portion of each township in the state would go to fund public education---the first instance of federal aid for education in American history. Third, "neither slavery nor involuntary servitude" were to be allowed. And four, that a good faith effort would be made to respect the Indians in the territory.

1790 –1834 Indian Trade and Intercourse Act

The stated purpose of this act was to protect against unscrupulous white traders, control liquor traffic in Indian country and provide a way to remove renegade white desperados from Indian country. The Trade and Intercourse Acts (the last being passed in 1834) operated to restrict the exercise of Indian sovereign powers through the influence of the US government in Indian country. What occurred was an extension of federal criminal jurisdiction to offenses involving non-Indians in Indian territory. (The act also regulated land transactions in Indian country. Act of June 30, 1834, 4 Stat. 738, 25 U.S.C. ¤ 9) These first steps set the pattern and established a foundation for later broader intrusions upon Indian self-government, even though Congress apparently realized it had no right to do so.

For an explanation of congressional intent in passing the Trade and Intercourse Act of 1834, see H.R. Rep. No. 474, 23rd Cong., 1st Sess., 5(1834):

"It is rather of courtesy than of right that we undertake to punish crimes committed in that Indian territory by and against our own citizens. And this provision is retained principally on the ground that it may be unsafe to trust Indian law in the early stages of their government. . . ." (Emphasis added).

The admission by Congress that the US had no right to punish crimes in Indian country acknowledges that the United States had no jurisdictional authority there.

Title 25 Indians

In the early years of the United States, Indian affairs were governed by the Continental Congress, which in 1775 created a Committee on Indian Affairs headed by Benjamin Franklin. In 1778 Continental Congress made first treaty with Indians (Delawares). Fifty years later, the BIA was established under the War Department, and eventually moved to the Interior Department in 1949. In 1789 United States Constitution was ratified by the states; Indian rights were reaffirmed. In 1790, Congress enacted first law pertaining to Indians to regulate trade and land sales with Indians. Title 25 of the Code of Federal Regulation contains all regulations pertaining to Indian people that have been enacted by the United States government. CFR Title 25 does not include the Treaties or legislative act that are specific to Indians.

1862 - The Homestead Act

For the disposition of public lands (formerly Indian lands) through the Act anyone could file for a quarter-section of free land (160 acres). The land was yours at the end of five years if you had built a house on it, dug a well, broken (plowed) 10 acres, fenced a specified amount, and actually lived there. Additionally, one could claim a quarter-section of land by "timber culture" (commonly called a "tree claim"). This required that you plant and successfully cultivate 10 acres of timber.

1885 Major Crimes Act

Was passed by Congress to limit the power of Indian nations to punish Indians who violated tribal law. Previously, the Supreme Court had recognized this power of Indian governments. See; Exparte Crow Dog, 109 U.S. 556 (1886). The effect of the Act has been to punish crimes committed by Indians in accordance with American ideas of law and justice rather than Indian law and custom.

1887 - The Dawes Severalty Act

Otherwise known as the General Allotment Act, gives the President power to reduce the landholdings of the Indian nations across the country by allotting 160 acres to the heads of Indian families and 80 acres to individuals. The intent was to dissolve the Indian nations and assimilate the Indians into American society by breaking up the tribal land base. A 1934 memorandum by B.I.A. Commissioner John Collier reported that as a result of the allotment act more than 80 percent of the lands belonging to the Indians had been lost: "Through sales by the Government of the fictitiously designated "surplus" lands, through sales by the Government of heirship land . . .the total of Indian land holdings has been cut from 138,000,000 acres in 1887 to 48,000,000 acres in 1934.

1898 - Curtis Act

Under the Act tribal lands were allotted, tribal courts were abolished and Indian laws were declared unenforceable in federal courts.

1906 - The Act for the Preservation of American Antiquities

Makes excavation, theft or destruction of historic or prehistoric ruins or objects of antiquity on federal lands a criminal offense. Dead Indians and Indian artifacts are defined as "archeological resources," thus considered federal property.

1924 The Citizenship Act

Naturalizes Indians born within the territorial limits of the United States.

1934 The Indian Reorganization Act

“An Act to conserve and develop Indian lands and resources; to extend to Indians the right to form business and other organizations; to establish a credit system for Indians; to grant certain rights of home rule to Indians; to provide for vocational education for Indians; and for other purposes.” IRA recognized Indian sovereignty, ended the allotment system and stopped the sale of Indian properties to non-Indians.

1935 - The Indian Arts and Crafts Board

Is funded under the U.S. Department of Indian Affairs to encourage Native arts and crafts and to certify the authenticity of Indian products.

1953 Public Law 280 (Termination Policy)

Gave Wisconsin, Oregon, Minnesota, and Nebraska criminal and civil jurisdiction in Indian country. This was repealed in 1973? but termination remains a threat. TheYankton Sioux Reservation was targeted for termination.

1958, Joohnson Omalley Act P.L. 81-874

Was amended to include assistance for educating Indian children, the JOM program became a supplemental aid program in lieu of tax dollars.

1965 Older Americans Act

Provides grants to American Indians, Alaskan Natives, and Native Hawaiians to establish programs for older Native Americans under title VI of the act (45 CFR 1328)

1968 - Indian Civil Rights Act

Gives full civil rights to individuals living under tribal law. It effectively reversed the 1896 Supreme Court decision, which declared that individuals living under tribal governments were not protected by the Bill of Rights.

1975 - The Indian Self-Determination and Education Assistance Act
Gives Native Americans more control in administering federal programs and services to their people.

1977-78 - U.S. Congress passes a series of approximately 50 laws that help redefine tribal issues regarding water rights, fishing rights and land acquisition. Some land is returned to the tribes, and issues of self-governance are further clarified.

1978 - The Indian Child Welfare Act

Ends the discrimination that prevented Native Americans from acting as foster parents or qualifying for adoption. It also provides Indian communities with child welfare and family services. The American Indian Religious Freedom Act finally reverses U.S. policies outlawing certain tribal rituals and shamanic practices.

1978 American Indian Religious Freedom Act

Affirming religious freedom for Indian people.

1983 Indian Land Consolidation Act

Under this act when there are multiple heirs and the division of heirship lands equates to parcels of less than 2% the total and/or a lease payment of less than $100 the ownership of the heirship land will revert tot he tribe. This Act has caused many to loose their rights to heirship lands.

At the time this Act was passed the United States Government stipulated that it had to responsibilities for Canadian Nationals (ie: Dakota/Nakota/Lakota who are members of Canadian Bands or residing in Canada ) and will no longer act as trustee for Canadian Nationals who own lands on US reservations or become heirs to properties on US reservations.

As a result of this Act and the US Government’s position, many Canadian Dakota/Nakota/Lakota have lost their lands on US reservations.

1988 Tribally Controlled Schools Act

Provides grants for operation and management of tribally controlled schools

1989 - The National Museum of the American Indian Act

Orders the Smithsonian Institute to return Native American remains to American Indian tribes.

1990 - The Native American Grave Protection and Repatriation Act

Protects Indian gravesites on federal public lands against looting.

1990 The Indian Arts and Crafts Act

Which goes into effect in 1996, finally protects the work of Indian artists, an effort that began in 1935. In response to growing sales in the billion dollar U.S. Indian arts and crafts market of products misrepresented or erroneously represented as produced by Indians, the Congress passed the Indian Arts and Crafts Act of 1990. This Act is essentially a truth-in-advertising law designed to prevent marketing products as ``Indian made'' when the products are not, in fact, made by Indians as defined by the Act.

1990 Native American Languages Act

This federal policy statement recognizing the language rights of American Indians, Alaska Natives, Native Hawaiians, and Pacific Islanders

1992 Native American Language Act

Provides grant program to ensure survival and continuing vitality of Native American languages

2000 Tribal Self-Governance Demonstration Project Act Amendments

Permanently establish Tribal Self-Governance for Indian Health Service programs in a new Title V; repeals Title III of ISEAA; establishes a Title VI in ISDEAA mandating a self-governance demonstration feasibility study.

2001 Native American Language Act – pending –

To provide for the support of Native American Language Survival Schools, and for other programs.

United States Supreme Court Decisions Specific to the O©eti §aúowiñ:

• 1980 United States versus Sioux Nation of Indians
  • Supreme Court Decision on the Black Hills Claim
• 1993 South Dakota versus Borland
  • Upheld: Congress, in the Flood Control and Cheyenne River Acts, abrogated the Tribe's rights under the Fort Laramie Treaty to regulate non Indian hunting and fishing on lands taken by the United States for construction of the Oahe Dam and Reservoir. Pp. 7-18.
• 1997 Babbit versus Youpee
  • States that the 1983 Indian Lands Consolidation Act abrogates rights of decent and devise and further does not provide compensation for lands escheated to the tribe and therefore violates the 5th Amendment Rights.
• 1998 South Dakota versus Yankton Sioux Tribe
  • Held: The 1894 Act’s operative language and the circumstances surrounding its passage demonstrate that Congress intended to diminish the Yankton Reservation. Pp. 11—27.

 

CANADA

Treaties

1874 Treaty Four

Pheasant Rump, Ocean Man, and Carry The Kettle Nakota Bands are party to this treaty. Wood Mountain Lakota Band and Standing Buffalo Dakota Band are seeking adhesion o this treaty.

1876 Treaty Number Six
1878 Treaty Six Adhesion By Stony Indians

Mosquito Nakota Band and Alexis and Pauls Stoney Bands are party o this treaty. The surrendered Bands of Grissly Bears Head and Lean Man were also signatories to this treaty. White Cap and Whapeton Dakota Bands are seeking adhesion to this treaty.

1877 Treaty Seven

Wesley, Chinki, and Bears Paw Stoney Bands are signatories to this treaty.

Orders In Council Specific to the O©eTi §aúowiñ

(list to be compiled)

Acts of Parliament Pertaining to First Nations In General

• An Act providing for the Organization of the Department of the Secretary of State of Canada. (May 22, 1868)
• An Act for the gradual enfranchisement of Indians (June 22, 1869)
• An Act to provide for the establishment of "The Department of the Interior." (May 3, 1873)
• An Act to amend certain laws (May 26, 1874)
• An Act to amend and consolidate the laws respecting Indians. (April 12, 1876)
• An Act to amend "The Indian Act, 1876" (May 15, 1879)
• An Act to amend and consolidate the laws respecting Indians (May 7, 1880)
• An Act to amend "The Indian Act 1880" (March 21, 1881)
• An Act to further amend "The Indian Act 1880" (May 17, 1882)
• An Act to further amend "The Indian Act, 1880." (April 19, 1884)
• An Act for conferring certain privileges on the more advanced Bands of Indians of Canada (April 19, 1884)
• An Act respecting Indians. (1886)
• An Act to amend "The Indian Act." (June 23, 1887)
• An Act further to amend "The Indian Act" (May 22, 1888)
• An Act to amend "The Indian Advancement Act" (May 16, 1890)
• An Act further to amend"the Indian Act." (1891)
• An Act to further to amend the Indian Act. (July 23, 1894)
• An Act further to amend the Indian Act (July 22, 1895)
• An Act further to amend the Indian Act (June 13, 1898)
• An Act respecting Indians. (1906)
• An Act to amend the Indian Act. (May 4 1910)
• An Act to amend the Indian Act (May 11, 1911)
• An Act to amend the Indian Act (June 12, 1914)
• An Act to amend the Indian Act (May 24, 1918)
• An Act to amend the Indian Act (July 17, 1919)
• An Act to amend the Indian Act (July 1, 1920)
• An Act to amend the Indian Act (June 28, 1922)
• An Act to amend the Indian Act (July 19, 1924)
• An Act respecting Indians (1927)
• An Act to amend the Indian Act (March 31, 1927)
• An Act to amend the Indian Act (June 22, 1928)
• An Act to amend the Indian Act (April 10, 1930)
• An Act to amend the Indian Act (May 23, 1933)
• An Act respecting the Caughnawaga Indian Reserve (June 28, 1934)
• An Act to amend the Indian Act (June 24, 1938)
• An Act to amend the Indian Act (June 24, 1938)
• An Act to amend the Indian Act (June 24, 1941)
• An Act respecting Indians (June 20, 1951)
• An Act to amend the Indian Act (June 14, 1953)
• An Act to amend the Indian Act (August 14, 1956)
• An Act to amend the Indian Act (August 13, 1958)
• An Act to amend the Indian Act (March 3, 1960)
• An Act to amend the Indian Act. (March 9, 1961)
• An Act respecting Indians (1970)
• Indian Act (1982)
• Indian Act (1982)
• A Proclamation by the Hon. Guy Carlton (Dec. 22, 1766)
• An Act to appeal certain points of an Act (Oct. 15, 1792)
• A Proclamation laid before the board by the Hon. Isaac Brock (Feb. 1, 1812)
• A draft Proclamation, referred to the Executive Council (April 10, 1805)
• A Proclamation, to such as are desirous to settle on the lands of the crown in the Province of Upper Canada
• An Act for the protection of certain Bodies of Indians (Feb 17, 1830)
• Act of Feb 17, 1830 (March 9, 1830)
• An Act for the protection of the Lands of the Crown (May 11, 1839)
• An Act to re-unite the Province of Upper and Lower Canada (July 23, 1840)
• An Act to authorize Her Majesty to take Possession of Lands (Feb. 10, 1840)
• An Act to amend an Act (May 30, 1849)
• An Act granting to Her Majesty certain sums of money for the Public service. (March 2, 1970)
• An Act respecting the organization of the Government of Canada (June 16, 1966)
• An Act to amend the Act providing for the Department of the Secretary of State of Canada (April 8, 1875)
• An Act respecting the organization of the Government of Canada (March 2, 1969)
• An Act for the Protection for the Public Interests (March 24, 1911)
• An Act respecting the Department of Mines & Resources. (June 23, 1936)
• An Act to amend the Judges Act and certain other Acts. (June 19, 1975)
• Indian Oil & Gas Act
• An Act respecting oil and gas in Indian lands. (Dec. 20, 1974)

1998 Aboriginal Languages Initiative

First funding program specific for Aboriginal Languages – a $20 million dollar four year initiative.