Judge Orders Compensation to Loyal Minnesota Sioux Tribe after 148 Years
Wednesday, January 12, 2011
The Mdewakanton Sioux community is set to receive money it’s been owed for more than a century, for siding with the U.S. government when other Indians rose up against white settlers in the 1800s.
In a series of treaties between the Minnesota Sioux and the United States government signed between 1837 and 1858, the Sioux agreed to cede land to the government in exchange for compensation, including 5% annual interest on a trust of more than $1 million.
By 1862, however, the Sioux became impatient with the government for not living up to its half of the deal. During the Sioux Uprising of 1862 in Minnesota, more than 500 settlers were killed. The Mdewakanton, however, stood down, believing U.S. officials would reward them. After defeating the Sioux, the U.S. government annulled the treaties.
In 1868, a new treaty was signed and the government resumed annual payments. However, the Mdewakanton were cut out of the 1868 treaty because they were no longer considered “Sioux.”
The government passed legislation in 1888, 1889 and 1890 intended to compensate the Mdewakanton, but more legal complications ensued. The case droned on into the 20th century, and it was decided that because the descendants of the loyal Mdewakanton had dispersed among three separate communities and beyond, there was no longer a legal entity that deserved compensation. Eventually some money was paid out of a trust fund, but the dispute remained unsettled.
So, about 9,000 descendants filed a lawsuit against the government, and a judge for the U.S. Court of Federal Claims sided with the tribe. Judge Charles Lettow rejected arguments by federal attorneys that legislation approved by Congress in 1980 allowed the government to avoid payment, and ordered compensation to be made for money earned between 1886 and 1980.
Judge Lettow requested that the two sides present a plan for payment by January 19.
-David Wallechinsky, Noel Brinkerhoff
Indian Tribe May Collect on 150-Year-Old Trust (by Matt Reynolds, Courthouse News Service)
Sheldon Peters Wolfchild v. United States (U.S. Court of Federal Claims) (pdf)
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