Treaty of Fort Laramie (1868) le traité de fort laramie (1868)
you can read the treaty in its entirety at the bottom of the Article
The Treaty of Fort Laramie (also called the Sioux Treaty of 1868) was an agreement between the United States and the Oglala, Miniconjou, and Brulé bands of Lakota people, Yanktonai Dakota, and Arapaho Nation signed in 1868 at Fort Laramie in the Wyoming Territory, guaranteeing to the Lakota ownership of the Black Hills, and further land and hunting rights in South Dakota, Wyoming, and Montana. The Powder River Country was to be henceforth closed to all whites. The treaty ended Red Cloud's War.
In the treaty, as part of the U.S. vendetta to "divide and conquer", the U.S. included all Ponca lands in the Great Sioux Reservation. Conflict between the Ponca and the Sioux/Lakota, who now claimed the land as their own by U.S. law, forced the U.S. to remove the Ponca from their own ancestral lands in Nebraska to poor land in Oklahoma.
The treaty includes an article intended to "ensure the civilization" of the Lakota, financial incentives for them to farm land and become competitive, and stipulations that minors should be provided with an "English education" at a "mission building." To this end the U.S. government included in the treaty that white teachers, blacksmiths, a farmer, a miller, a carpenter, an engineer and a government agent should take up residence within the reservation.
Repeated violations of the otherwise exclusive rights to the land by gold prospectors led to the Black Hills War. Migrant workers seeking gold had crossed the reservation borders, in violation of the treaty. Indians had assaulted these gold prospectors, in violation of the treaty, and war ensued. The U.S. government seized the Black Hills land in 1877.
More than a century later, the Sioux nation won a victory in court. On June 30, 1980, in United States v. Sioux Nation of Indians, the United States Supreme Court upheld an award of $15.5 million for the market value of the land in 1877, along with 103 years worth of interest at 5 percent, for an additional $105 million. The Lakota Sioux, however, refused to accept payment and instead demanded the return of their territory from the United States.
In more recent proceedings the U.S. Courts have seen that the some of the monies associated with the claim have been expended and, as such, claim that the agreement is valid. In fact, several thousand tribal members have filed for and are awaiting for a final decision by the Court to decide to issue the resources to tribal members.
Purification ceremony lawsuit
On November 30, 2009 news reported the November 2nd Lakota nation lawsuit against the U.S., Arizona State, James Arthur Ray and Angel Valley Retreat Center site owners, to have Ray and the site owners arrested and punished under the Sioux Treaty of 1868 between the United States and the Lakota Nation, which states that “if bad men among the whites or other people subject to the authority of the United States shall commit any wrong upon the person or the property of the Indians, the United States will (...) proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.”
The Lakota Nation holds that James Arthur Ray and the Angel Valley Retreat Center have “violated the peace between the United States and the Lakota Nation” and have caused the “desecration of our Sacred Oinikiga (purification ceremony) by causing the death of Liz Neuman, Kirby Brown and James Shore”. As well, the Lakota claim that James Arthur Ray and the Angel Valley Retreat Center fraudulently impersonated Indians and must be held responsible for causing the deaths and injuries, and for evidence destruction through dismantling of the sweat lodge. The lawsuit seeks to have the treaty enforced and does not seek monetary compensation.
The leaders said the ceremony is their way of life and not a religion, as white men see it. It is Native American property protected by U.S. law and United Nations declaration. The ceremony should only be in the hands of sanctioned lodge carriers from legitimate native nations.
Le traité de Fort Laramie était un accord entre les États-Unis et le peuple indien Lakota qui fut signé en 1868 à Fort Laramie dans le Wyoming. Ce traité garantissait la possession par les indiens de la région des Black Hills dans le Dakota du Sud, le Wyoming et le Montana.
Le traité de fort laramie 1868 (le compte rendu du traité se trouve a la suite de cet article en anglais)
Le traité prévoyait la protection (dans la réserve) de la population indienne et de sa culture mais également prévoyait des formations diverses permettant aux indiens de se développer dans l’agriculture. Des violations permanentes du traité par des blancs occasionnées par la découverte d’or dans la région conduisit à une guerre. Les États-Unis en profitèrent pour saisir les terres en 1877 en violation du traité…
Cent ans plus tard, la nation Sioux dont fait partie les Lakotas remporta une victoire devant la cour suprême américaine. Le 30 juin 1980, celle-ci punit en effet le gouvernement à un montant de 105 millions de dollars (intérêts compris).
Un premier traité de Fort Laramie (1851) avait été signé dix-sept ans plus tôt, beaucoup plus restrictif en termes d'arrivée des blancs mais il avait été lui remis en cause par la ruée vers l'or de Pikes Peak de 1859, qui déclencha la signature en 1861 du traité de Fort Wise, contesté par la plupart des indiens.
Fort Laramie Treaty, 1868
ARTICLES OF A TREATY
Lieutenant General William T. Sherman, General William S. Harney, General Alfred H. Terry, General O. O. Augur, J. B. Henderson, Nathaniel G. Taylor, John G. Sanborn, and Samuel F. Tappan, duly appointed commissioners on the part of the United States, and the different bands of the Sioux Nation of Indians, by their chiefs and headmen, whose names are hereto subscribed, they being duly authorized to act in the premises.
If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation upon the person or property of nay one, white, black, or Indian, subject to the authority of the United States, and at peace therewith, the Indians herein named solemnly agree that they will, upon proof made to their agent, and notice by him, deliver up the wrongdoer to the United States, to be tried and punished according to its laws, and, in case they willfully refuse so to do, the person injured shall be reimbursed for his loss from the annuities, or other moneys due or to become due to them under this or other treaties made with the United States; and the President, on advising with the Commissioner of Indian Affairs, shall prescribe such rules and regulations for ascertaining damages under the provisions of this article as in his judgment may be proper, but no one sustaining loss while violating the provisions of this treaty, or the laws of the United States, shall be reimbursed therefor.
The United States agrees further to cause to be erected on said reservation, near the other buildings herein authorized, a good steam circular saw-mill, with a grist-mill and shingle machine attached to the same, to cost not exceeding $8,000.
Any person over eighteen years of age, not being the head of a family, may in like manner select and cause to be certified to him or her, for purposes of cultivation, a quantity of land, not exceeding eighty acres in extent, and thereupon be entitled to the exclusive possession of the same as above directed.
For each tract of land so selected a certificate, containing a description thereof and the name of the person selecting it, with a certificate endorsed thereon that the same has been recorded, shall be delivered to the party entitled to it, by the agent, after the same shall have been recorded by him in a book to be kept in his office, subject to inspection, which said book shall be known as the "Sioux Land Book."
The President may, at any time, order a survey of the reservation, and, when so surveyed, Congress shall provide for protecting the rights of said settlers in their improvements, and may fix the character of the title held by each. The United States may pass such laws on the subject of alienation and descent of property between the Indians and their descendants as may be thought proper. And it is further stipulated that any male Indians over eighteen years of age, of any band or tribe that is or shall hereafter become a party to this treaty, who now is or who shall hereafter become a resident or occupant of any reservation or territory not included in the tract of country designated and described in this treaty for the permanent home of the Indians, which is not mineral land, nor reserved by the United States for special purposes other than Indian occupation, and who shall have made improvements thereon of the value of two hundred dollars or more, and continuously occupied the same as a homestead for the term of three years, shall be entitled to receive from the United States a patent for one hundred and sixty acres of land including his said improvements, the same to be in the form of the legal subdivisions of the surveys of the public lands. Upon application in writing, sustained by the proof of two disinterested witnesses, made to the register of the local land office when the land sought to be entered is within a land district, and when the tract sought to be entered is not in any land district, then upon said application and proof being made to the Commissioner of the General Land Office, and the right of such Indian or Indians to enter such tract or tracts of land shall accrue and be perfect from the date of his first improvements thereon, and shall continue as long as be continues his residence and improvements and no longer. And any Indian or Indians receiving a patent for land under the foregoing provisions shall thereby and from thenceforth become and be a citizen of the United States and be entitled to all the privileges and immunities of such citizens, and shall, at the same time, retain all his rights to benefits accruing to Indians under this treaty.
For each male person over 14 years of age, a suit of good substantial woollen clothing, consisting of coat, pantaloons, flannel shirt, hat, and a pair of home-made socks.
For each female over 12 years of age, a flannel shirt, or the goods necessary to make it, a pair of woollen hose, 12 yards of calico, and 12 yards of cotton domestics.
For the boys and girls under the ages named, such flannel and cotton goods as may be needed to make each a suit as aforesaid, together with a pair of woollen hose for each.
And in order that the Commissioner of Indian Affairs may be able to estimate properly for the articles herein named, it shall be the duty of the agent each year to forward to him a full and exact census of the Indians, on which the estimate from year to year can be based.
And in addition to the clothing herein named, the sum of $10 for each person entitled to the beneficial effects of this treaty shall be annually appropriated for a period of 30 years, while such persons roam and hunt, and $20 for each person who engages in farming, to be used by the Secretary of the Interior in the purchase of such articles as from time to time the condition and necessities of the Indians may indicate to be proper. And if within the 30 years, at any time, it shall appear that the amount of money needed for clothing, under this article, can be appropriated to better uses for the Indians named herein, Congress may, by law, change the appropriation to other purposes, but in no event shall the amount of the appropriation be withdrawn or discontinued for the period named. And the President shall annually detail an officer of the army to be present and attest the delivery of all the goods herein named, to the Indians, and he shall inspect and report on the quantity and quality of the goods and the manner of their delivery. And it is hereby expressly stipulated that each Indian over the age of four years, who shall have removed to and settled permanently upon said reservation, one pound of meat and one pound of flour per day, provided the Indians cannot furnish their own subsistence at an earlier date. And it is further stipulated that the United States will furnish and deliver to each lodge of Indians or family of persons legally incorporated with the, who shall remove to the reservation herein described and commence farming, one good American cow, and one good well-broken pair of American oxen within 60 days after such lodge or family shall have so settled upon said reservation.
1st. That they will withdraw all opposition to the construction of the railroads now being built on the plains.
2d. That they will permit the peaceful construction of any railroad not passing over their reservation as herein defined.
3d. That they will not attack any persons at home, or travelling, nor molest or disturb any wagon trains, coaches, mules, or cattle belonging to the people of the United States, or to persons friendly therewith.
4th. They will never capture, or carry off from the settlements, white women or children.
5th. They will never kill or scalp white men, nor attempt to do them harm.
6th. They withdraw all pretence of opposition to the construction of the railroad now being built along the Platte river and westward to the Pacific ocean, and they will not in future object to the construction of railroads, wagon roads, mail stations, or other works of utility or necessity, which may be ordered or permitted by the laws of the United States. But should such roads or other works be constructed on the lands of their reservation, the government will pay the tribe whatever amount of damage may be assessed by three disinterested commissioners to be appointed by the President for that purpose, one of the said commissioners to be a chief or headman of the tribe.
7th. They agree to withdraw all opposition to the military posts or roads now established south of the North Platte river, or that may be established, not in violation of treaties heretofore made or hereafter to be made with any of the Indian tribes.
In testimony of all which, we, the said commissioners, and we, the chiefs and headmen of the Brule band of the Sioux nation, have hereunto set our hands and seals at Fort Laramie, Dakota Territory, this twenty-ninth day of April, in the year one thousand eight hundred and sixty-eight.
N. G. TAYLOR,
W. T. SHERMAN,
WM. S. HARNEY,
JOHN B. SANBORN,
S. F. TAPPAN,
C. C. AUGUR,
ALFRED H. TERRY,
A. S. H. WHITE, Secretary.
Executed on the part of the Brule band of Sioux by the chiefs and headman whose names are hereto annexed, they being thereunto duly authorized, at Fort Laramie, D. T., the twenty-ninth day of April, in the year A. D. 1868.
MA-ZA-PON-KASKA, his X mark, Iron Shell.
WAH-PAT-SHAH, his X mark, Red Leaf.
HAH-SAH-PAH, his X mark, Black Horn.
ZIN-TAH-GAH-LAT-WAH, his X mark, Spotted Tail.
ZIN-TAH-GKAH, his X mark, White Tail.
ME-WAH-TAH-NE-HO-SKAH, his X mark, Tall Man.
SHE-CHA-CHAT-KAH, his X mark, Bad Left Hand.
NO-MAH-NO-PAH, his X mark, Two and Two.
TAH-TONKA-SKAH, his X mark, White Bull.
CON-RA-WASHTA, his X mark, Pretty Coon.
HA-CAH-CAH-SHE-CHAH, his X mark, Bad Elk.
WA-HA-KA-ZAH-ISH-TAH, his X mark, Eye Lance.
MA-TO-HA-KE-TAH, his X mark, Bear that looks behind.
BELLA-TONKA-TONKA, his X mark, Big Partisan.
MAH-TO-HO-HONKA, his X mark, Swift Bear.
TO-WIS-NE, his X mark, Cold Place.
ISH-TAH-SKAH, his X mark, White Eye.
MA-TA-LOO-ZAH, his X mark, Fast Bear.
AS-HAH-HAH-NAH-SHE, his X mark, Standing Elk.
CAN-TE-TE-KI-YA, his X mark, The Brave Heart.
SHUNKA-SHATON, his X mark, Day Hawk.
TATANKA-WAKON, his X mark, Sacred Bull.
MAPIA SHATON, his X mark, Hawk Cloud.
MA-SHA-A-OW, his X mark, Stands and Comes.
SHON-KA-TON-KA, his X mark, Big Dog.
ASHTON S. H. WHITE, Secretary of Commission.
GEORGE B. WITHS, Phonographer to Commission.
GEO. H. HOLTZMAN.
JOHN D. HOWLAND.
JAMES C. O'CONNOR.
CHAR. E. GUERN, Interpreter.
LEON T. PALLARDY, Interpreter.
NICHOLAS JANIS, Interpreter.
Executed on the part of the Ogallalla band of Sioux by the chiefs and headmen whose names are hereto subscribed, they being thereunto duly authorized, at Fort Laramie, the 25th day of May, in the year A. D. 1868.
TAH-SHUN-KA-CO-QUI-PAH, his + mark,
SHA-TON-SKAH, his + mark, White Hawk.
SHA-TON-SAPAH, his + mark, Black Hawk.
EGA-MON-TON-KA-SAPAH, his + mark, Black Tiger
OH-WAH-SHE-CHA, his + mark, Bad Wound.
PAH-GEE, his + mark, Grass.
WAH-NON SAH-CHE-GEH, his + mark, Ghost Heart.
COMECH, his + mark, Crow.
OH-HE-TE-KAH, his + mark, The Brave.
TAH-TON-KAH-HE-YO-TA-KAH, his + mark, Sitting Bull.
SHON-KA-OH-WAH-MEN-YE, his + mark, Whirlwind Dog.
HA-KAH-KAH-TAH-MIECH, his + mark, Poor Elk.
WAM-BU-LEE-WAH-KON, his + mark, Medicine Eagle.
CHON-GAH-MA-HE-TO-HANS-KA, his + mark, High Wolf.
WAH-SECHUN-TA-SHUN-KAH, his + mark, American Horse.
MAH-KAH-MAH-HA-MAK-NEAR, his + mark,
Man that walks under the ground.
MAH-TO-TOW-PAH, his + mark, Four Bears.
MA-TO-WEE-SHA-KTA, his + mark,
One that kills the bear.
OH-TAH-KEE-TOKA-WEE-CHAKTA, his + mark,
One that kills in a hard place.
TAH-TON-KAH-TA-MIECH, his + mark, The Poor Bull.
OH-HUNS-EE-GA-NON-SKEN, his + mark, Mad Shade.
his + mark, Whirling hawk.
MAH-TO-CHUN-KA-OH, his + mark, Bear's Back.
CHE-TON-WEE-KOH, his + mark, Fool Hawk.
WAH-HOH-KE-ZA-AH-HAH, his + mark,
EH-TON-KAH, his + mark, Big Mouth.
MA-PAH-CHE-TAH, his + mark, Bad Hand.
WAH-KE-YUN-SHAH, his + mark, Red Thunder.
WAK-SAH, his + mark, One that Cuts Off.
CHAH-NOM-QUI-YAH, his + mark,
One that Presents the Pipe.
WAH-KE-KE-YAN-PUH-TAH, his + mark, Fire Thunder.
MAH-TO-NONK-PAH-ZE, his + mark,
Bear with Yellow Ears.
CON-REE-TEH-KA, his + mark, The Little Crow.
HE-HUP-PAH-TOH, his + mark, The Blue War Club.
SHON-KEE-TOH, his + mark, The Blue Horse.
WAM-BALLA-OH-CONQUO, his + mark, Quick Eagle.
TA-TONKA-SUPPA, his + mark, Black Bull.
MOH-TOH-HA-SHE-NA, his + mark, The Bear Hide.
S. E. WARD.
JAS. C. O'CONNOR.
J. M. SHERWOOD.
W. C. SLICER.
H. M. MATHEWS.
NICHOLAS JANIS, Interpreter.
LEFROY JOTT, Interpreter.
ANTOINE JANIS, Interpreter.
Executed on the part of the Minneconjou band of Sioux by the chiefs and headmen whose names are hereunto subscribed, they being thereunto duly authorized.
HEH-WON-GE-CHAT, his + mark, One Horn.
OH-PON-AH-TAH-E-MANNE, his + mark,
The Elk that Bellows Walking.
HEH-HO-LAH-ZEH-CHA-SKAH, his + mark,
Young White Bull.
WAH-CHAH-CHUM-KAH-COH-KEEPAH, his + mark,
One that is Afraid of Shield.
HE-HON-NE-SHAKTA, his + mark, The Old Owl.
MOC-PE-A-TOH, his + mark, Blue Cloud.
OH-PONG-GE-LE-SKAH, his + mark, Spotted Elk.
TAH-TONK-KA-HON-KE-SCHUE, his + mark, Slow Bull.
SHONK-A-NEE-SHAH-SHAH-ATAH-PE, his + mark,
The Dog Chief.
MA-TO-TAH-TA-TONK-KA, his + mark, Bull Bear.
WOM-BEH-LE-TON-KAH, his + mark, The Big Eagle.
MATOH, EH-SCHNE-LAH, his + mark, The Lone Bear.
MA-TOH-OH-HE-TO-KEH, his + mark, The Brave Bear.
EH-CHE-MA-KEH, his + mark, The Runner.
TI-KI-YA, his + mark, The Hard.
HE-MA-ZA, his + mark, Iron Horn.
JAS. C O'CONNOR,
WM. D. BROWN,
Executed on the part of the Yanctonais band of Sioux by the chiefs and headmen whose names are hereto subscribed, they being thereunto duly authorized:
MAH-TO-NON-PAH, his + mark, Two Bears.
MA-TO-HNA-SKIN-YA, his + mark, Mad Bear.
HE-O-PU-ZA, his + mark, Louzy.
AH-KE-CHE-TAH-CHE-KA-DAN, his + mark, Little Soldier.
MAH-TO-E-TAN-CHAN, his + mark, Chief Bear.
CU-WI-TO-WIA, his + mark, Rotten Stomach.
SKUN-KA-WE-TKO, his + mark, Fool Dog.
ISH-TA-SAP-PAH, his + mark, Black Eye.
IH-TAN-CHAN, his + mark, The Chief.
I-A-WI-CA-KA, his + mark, The One who Tells the Truth.
AH-KE-CHE-TAH, his + mark, The Soldier.
TA-SHI-NA-GI, his + mark, Yellow Robe.
NAH-PE-TON-KA, his + mark, Big Hand.
CHAN-TEE-WE-KTO, his + mark, Fool Heart.
HOH-GAN-SAH-PA, his + mark, Black Catfish.
MAH-TO-WAH-KAN, his + mark, Medicine Bear.
SHUN-KA-KAN-SHA, his + mark, Red Horse.
WAN-RODE, his + mark, The Eagle.
CAN-HPI-SA-PA, his + mark, Black Tomahawk.
WAR-HE-LE-RE, his + mark, Yellow Eagle.
CHA-TON-CHE-CA, his + mark, Small Hawk,
or Long Fare.
SHU-GER-MON-E-TOO-HA-SKA, his + mark, Fall Wolf.
MA-TO-U-TAH-KAH, his + mark, Sitting Bear.
HI-HA-CAH-GE-NA-SKENE, his + mark, Mad Elk.
LITTLE CHIEF, his + mark.
TALL BEAR, his + mark.
TOP MAN, his + mark.
NEVA, his + mark.
THE WOUNDED BEAR, his + mark.
WHIRLWIND, his + mark.
THE FOX, his + mark.
THE DOG BIG MOUTH, his + mark.
SPOTTED WOLF, his + mark.
SORREL HORSE, his + mark.
BLACK COAL, his + mark.
BIG WOLF, his + mark.
KNOCK-KNEE, his + mark.
BLACK CROW, his + mark.
THE LONE OLD MAN, his + mark.
PAUL, his + mark.
BLACK BULL, his + mark.
BIG TRACK, his + mark.
THE FOOT, his + mark.
BLACK WHITE, his + mark.
YELLOW HAIR, his + mark.
LITTLE SHIELD, his + mark.
BLACK BEAR, his + mark.
WOLF MOCASSIN, his + mark.
BIG ROBE, his + mark.
WOLF CHIEF, his + mark.
ROBERT P. MCKIBBIN,
WM. H. POWELL,
HENRY W. PATTERSON,
THEO E. TRUE,
W. G. BULLOCK.
FORT LARAMIE, WYOMING TERRITORY
MAH-PI-AH-LU-TAH, his + mark, Red Cloud.
WA-KI-AH-WE-CHA-SHAH, his + mark, Thunder Man.
MA-ZAH-ZAH-GEH, his + mark, Iron Cane.
WA-UMBLE-WHY-WA-KA-TUYAH, his + mark, High Eagle.
KO-KE-PAH, his + mark, Man Afraid.
WA-KI-AH-WA-KOU-AH, his + mark, Thunder Flying Running.
W. MCE. DYE,
A. B. CAIN,
ROBT. P. MCKIBBIN,
G. L. LUHN,
H. C. SLOAN,
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