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''United States v. Sioux Nation of Indians'', , was a United States Supreme Court case in which the Court held that: 1) the enactment by Congress of a law allowing the Sioux Nation to pursue a claim against the United States that had been previously adjudicated did not violate the doctrine of separation of powers; and 2) the taking of property that was set aside for the use of the tribe required just compensation, including interest. == Facts of the case == The Fort Laramie Treaty of April 29, 1868, pledged that the Great Sioux Reservation, including the Black Hills, would be "set apart for the absolute and undisturbed use and occupation of the Indians."〔''United States v. Sioux Nation of Indians,'' 448 U.S. 371, 376 (1980)("US v Sioux Nation").〕 By the terms of the treaty, cession of any part of the reservation required a new treaty executed and signed by at least three fourths of all the adult male Indians occupying the land.〔''US v Sioux Nation'' 448 US 371 at 376-77.〕 The Fort Laramie Treaty ended the Powder River War of 1866-1867, a series of military engagements in which the Sioux tribes, led by chief Red Cloud, fought to protect the integrity of earlier-recognized treaty lands from the incursion of white settlers.〔''US v Sioux Nation'', 448 U.S. 371, 374.〕 The 1868 treaty brought peace for a few years, but in 1874 an exploratory expedition under General George A. Custer entered the Black Hills to investigate rumors of gold. "Custer's florid descriptions of the mineral and timber resources of the Black Hills, and the land's suitability for grazing and cultivation... received wide circulation, and had the effect of creating an intense popular demand for the 'opening' of the Hills for settlement."〔"US v Sioux Nation"448 US 371 at 377.〕 Initially the U.S. military tried to turn away trespassing miners and settlers. Eventually however President Grant, the Secretary of the Interior, and the Secretary of War, "decided that the military should make no further resistance to the occupation of the Black Hills by miners."〔"US v Sioux Nation" 448 US 371 at 378.〕 These orders were to be enforced "quietly," and the President's decision was to remain "confidential."〔 As more and more settlers and gold miners invaded the Black Hills the Government concluded that the only practical course was to take the land from the Sioux, and appointed a commission to negotiate the purchase.〔"US v Sioux Nation" 448 US 371 at 379.〕 The negotiations failed, and so the US resorted to military force. They used as a pretext to declare the Sioux Indians "hostile," their failure to obey an order to return from an off-reservation hunting expedition in the dead of winter when travel was impossible.〔"US v Sioux Nation" 448 US 371 at 379-380.〕 The consequent military expedition to remove the Sioux from the Black Hills included an attack on their village on the Little Bighorn River led by General Custer. The attack culminated in the victory of Chiefs Sitting Bull and Crazy Horse over the 7th Cavalry Regiment now known as Custer's Last Stand.〔'"US v Sioux Nation" 448 US 371 at 379.〕〔See generally 〕 That victory was short-lived. Those Indians who survived subsequent battles to surrender to the Army were interned on a reservation, and deprived of their weapons and horses, "leaving them completely dependent for survival on rations provided them by the Government."〔"US v Sioux Nation" 448 US 371 at 379.〕 In August 1876, Congress enacted a bill cutting off appropriations "made for the subsistence" of the Sioux, unless they ceded the Black Hills to the United States. A commission headed by George Manypenny presented the Sioux with a new treaty and they signed, under threat of starvation.〔'"US v Sioux Nation" 448 US 371 at 381.〕 But only a few leaders signed, not the 3/4 majority of all Indian males on the reservation as required under the Fort Laramie Treaty.〔'"US v Sioux Nation" 448 US 371 at 382.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「United States v. Sioux Nation of Indians」の詳細全文を読む スポンサード リンク
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