95-537: Whiteclay may refer to the following places: Whiteclay, Nebraska , an unincorporated community in the United States Whiteclay Lake , a lake in Ontario, Canada See also [ edit ] White Clay (disambiguation) [REDACTED] Topics referred to by the same term This disambiguation page lists articles about distinct geographical locations with
190-579: A candidate for president of the Oglala Sioux Tribe . He proposed changing the reservation rules to permit alcohol sales. According to the journalist Mary Garrigan, he said that the "additional taxes that now go off-reservation could be used to fund much-needed alcohol treatment programs." As reported by Timothy Williams, Milton Bians, a tribal police captain, also supports ending prohibition. "Not to disrespect our elders and grandparents, but we've gone through several generations," he said. Victor Clarke,
285-518: A family was $ 76,250. Males had a median income of $ 25,625 versus $ 53,750 for females. The per capita income for the CDP was $ 21,394 . None of the population or the families were below the poverty line . [REDACTED] Media related to Whiteclay, Nebraska at Wikimedia Commons Treaty of Fort Laramie (1868) The Treaty of Fort Laramie (also the Sioux Treaty of 1868 ) is an agreement between
380-511: A law to provide money for increased law enforcement and economic development in Whiteclay; in December 2010, it awarded a $ 10,000 grant to Sheridan County, to cover the increased costs for its sheriff's office to patrol Whiteclay, 22 miles north of the county seat. There was the potential for funds to be increased in following years. Protests continued. In 2013, protesters including then-president of
475-508: A number of shortcomings which contributed to the deterioration of relations, and subsequent violence over the next several years. From an inter-tribal view, the lack of any "enforcement provisions" protecting the 1851 boundaries proved a drawback for the Crow and the Arikara, Hidatsa and Mandan. The federal government never kept its obligation to protect tribal resources and hunting grounds, and only made
570-511: A single payment toward the annuity. Although the federal government operated via representative democracy , the tribes did so through consensus , and although local chiefs signed the treaty as representatives, they had limited power to control others who themselves had not consented to the terms. This of course is impossible to confirm as the Indians had no writing and hence no way of recording their political philosophy . The discovery of gold in
665-461: A total area of 1.0 square mile (640 acres; 260 ha; 2.6 km ), of which 0.9 square mile (2.3 km ) is land and 0.1 square mile (0.2 km ) (8.33%) is water. As of the census of 2000, there were 14 people, seven households, and three families residing in the CDP. The population density was 15.8 people per square mile (6.1/km ). There were 9 housing units at an average density of 10.1/sq mi (3.9/km ). The racial makeup of
760-947: Is a census-designated place in Sheridan County, Nebraska , United States. The population was 10 at the 2010 census . A significant part of Whiteclay's economy was based on alcohol sales to residents of the Pine Ridge Indian Reservation , located two miles (3.2 km) north across the border in South Dakota, where alcohol consumption and possession is prohibited. According to the Nebraska Liquor Control Commission, beer sales at Whiteclay's four liquor stores totalled 4.9 million cans in 2010 (~13,000 cans per day) for gross sales of $ 3 million. The four beer merchants paid federal and state excise taxes (included in liquor's sale price) of $ 413,932 that year. In 2017
855-403: Is not supposed to be drunk on the streets, but inebriated customers were often sprawled around Whiteclay. John Yellow Bird King, president of the Oglala Sioux Tribe , says that tribal members bring alcohol illegally back from Whiteclay and "90 percent of criminal cases in the court system" at the reservation are alcohol-related. Beer was sold almost exclusively to people from the reservation, as
950-548: Is represented in the suit by Tom White , the tribe's Omaha-based attorney. As White said, "In a town of 11 people selling 4.9 million 12-ounce servings of beer, there is no way that alcohol could be legally consumed. It's just impossible." On February 22, 2012, an amended complaint seeking injunctive relief in the OST's lawsuit was filed in response to public comments made to the Nebraska Radio Network on February 10, 2012, by
1045-608: The Bureau of Indian Affairs . The government agreed to build a number of buildings on the reservation: Article four also provided for the establishment of an agency on the reservation for the purpose of government administration. In practice, five were constructed and two more later added. These original five were composed of the Grand River Agency (Later Standing Rock), Cheyenne River Agency, Whetstone Agency, Crow Creek Agency, and Lower Brulé Agency. Another would later be set up on
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#17328517366051140-715: The Missouri , which was now under Sioux control, and lived together in Like-a-Fishhook Village north of the river. In the mid-1850s, the western Sioux bands crossed the Powder River and entered the Crow treaty territory. Sioux chief Red Cloud organized a war party against a Crow camp at the mouth of Rosebud River in 1856. Despite the Crows fighting "... large-scale battles with invading Sioux" near present-day Wyola in Montana,
1235-593: The Ponca Trail of Tears , was carried out by force the following year and resulted in over 200 deaths. The treaty was negotiated by members of the government-appointed Indian Peace Commission and signed between April and November 1868 at and near Fort Laramie , in the Wyoming Territory , with the final signatories being Red Cloud himself and others who accompanied him. Animosities over the agreement arose quickly, with open war breaking out again in 1876, and in 1877
1330-517: The US Attorney for South Dakota . Two women were sentenced in the case. At the same time, it appeared that by the fall of 2007, the OST would lose $ 200,000 in federal grants that would have enabled it to hire more police and have them deputized by Nebraska to help police Whiteclay and protect their people. Tribal officials did not talk to reporters when questioned about the lack of action. Mark Vasina of Nebraskans for Peace , who had collaborated with
1425-716: The United States and the Oglala , Miniconjou , and Brulé bands of Lakota people , Yanktonai Dakota , and Arapaho Nation, following the failure of the first Fort Laramie treaty , signed in 1851. The treaty is divided into 17 articles. It established the Great Sioux Reservation including ownership of the Black Hills , and set aside additional lands as "unceded Indian territory" in the areas of South Dakota , Wyoming , Nebraska , and possibly Montana . It established that
1520-822: The White River , and again on the North Platte River , but would later be moved to also be on the White. The government agreed that the agent for the Bureau of Indian Affairs shall keep his office open to complaints, which he will investigate and forward to the Commissioner. The decision of the Commissioner, subject to review by the Secretary of the Interior , "shall be binding on the parties". Article six laid out provisions for members of
1615-491: The "bad men among the whites" clause was seldom enforced. The first plaintiff to win a trial case on the provision did so in 2009, based on the 1868 Fort Laramie treaty. In 1873, the US exercised the right to withhold annuities and compensate for Sioux wrongs against anyone, including Indians. After a massacre on a moving Pawnee camp during a legal Sioux hunting expedition in Nebraska,
1710-651: The Brulé Sioux, have an independent and federally recognized reservation to the northeast within the boundaries of South Dakota. In 1882, after the boundaries of the Pine Ridge Indian Reservation were already established, by executive order the United States government added a 50-square-mile (130 km ) strip of land in Nebraska known as the White Clay Extension (named after White Clay Creek) to
1805-418: The CDP was 64.29% Native American and 35.71% White . There were seven households, out of which 14.3% had children under the age of 18 living with them, 42.9% were married couples living together, and 57.1% were non-families. 57.1% of all households were made up of individuals, and 14.3% had someone living alone who was 65 years of age or older. The average household size was 2.00 and the average family size
1900-501: The Crows under the 1851 treaty" "... the Sioux attacked the United States anyway, claiming the Yellowstone was now their land." Red Cloud's war "... appeared to be a great Sioux war to protect their land. And it was – but the Sioux had only recently conquered this land from other tribes and now defending the territory both from other tribes" and the passing through of whites. During
1995-502: The Indians". In total, it allocated about 25% of the Dakota Territory as it existed at the time. It made the total tribal lands smaller, and moved them further eastward. This was to "take away access to the prime buffalo herds that occupied the area and encourage the Sioux to become farmers." The government agreed that no parties, other than those authorized by the treaty, would be allowed to "pass over, settle upon, or reside in
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#17328517366052090-541: The Nebraska State Attorney General Jon Bruning , the highest law enforcement officer in the state. According to the amended complaint, it is "not reasonable to expect that in the future the State of Nebraska will enforce its laws regulating the sale of alcohol at Whiteclay." Bruning had said he believed the State of Nebraska should not be involved in the suit; that shutting down the beer stores wasn't
2185-521: The Oglala tribe, Bryan Brewer , and activist Debra White Plume stopped beer trucks from entering the town. A 2007 survey found that 63% of federally recognized tribes in the lower 48 states have legalized liquor sales on their reservations, enabling them to keep the considerable sales taxes and associated revenue generated, regulate the trade, and directly police and treat their own people in relation to this commodity. Those allowing alcohol sales include all
2280-601: The Pine Ridge reservation signed an agreement to allow Oglala tribal officers to enforce Nebraska laws in Whiteclay by deputizing them as Nebraska agents. The OST Tribal Council had approved the agreement in June 2005 in a meeting with Nebraska officials, the State Attorney General Jon Bruning and Congressman Tom Osborne . With lobbying by Nebraska's delegation, Congress earmarked $ 200,000 over two years to pay for
2375-528: The Secretary of the Interior for the "purchase of such articles as from time to time the condition and necessities of the Indians may indicate to be proper." Article 11 included several provisions stating the tribes agreed to withdraw opposition to the construction of railroads (mentioned three times), military posts and roads, and will not attack or capture white settlers or their property. The same guarantee protected third parties defined as "persons friendly" with
2470-606: The Sioux "were made to pay reparations for the loss of life, meat, hides, equipment, and horses stolen..." The Pawnee received $ 9,000. Article two of the treaty changed the boundaries for tribal land and established the Great Sioux Reservation, to include areas of present day South Dakota west of the Missouri River , including the Black Hills. This was set aside for the "absolute and undisturbed use and occupation of
2565-620: The Sioux had taken over the western Powder River area by 1860. In 1866 the United States Department of the Interior called on tribes to negotiate safe passage through the Bozeman Trail, while the United States Department of War moved Henry B. Carrington , along with a column of 700 men into the Powder River Basin , sparking Red Cloud's War. However, most of the wagon track to the city of Bozeman "crossed land guaranteed to
2660-466: The Sioux, the Arikara, Hidatsa and Mandan held a joint territory . The territory of the Crows extended westward from that of their traditional enemies in the Sioux tribe. The Powder River divided the two lands. When the Senate reduced the annuity to 10 years from originally 50, all tribes except the Crow accepted the cut. Nevertheless, the treaty was recognized as being in force. The 1851 treaty had
2755-411: The US banned such hunts outside the reservation. Thus, the US decision nullified a part of Article XI. Article 12 required the agreement of "three-fourths of all the adult male Indians" for a treaty with the tribes to "be of any validity". Hedren reflected on article 12 writing that the provision indicated the government "already anticipated a time when different needs would demand the abrogation of
2850-422: The US government unilaterally annexed native land protected under the treaty. The treaty formed the basis of the 1980 Supreme Court case, United States v. Sioux Nation of Indians , in which the court ruled that tribal lands covered under the treaty had been taken illegally by the US government, and the tribe was owed compensation plus interest. As of 2018 this amounted to more than $ 1 billion. The Sioux refused
2945-475: The US government would hold authority to punish not only white settlers who committed crimes against the tribes but also tribe members who committed crimes and were to be delivered to the government, rather than to face charges in tribal courts. It stipulated that the government would abandon forts along the Bozeman Trail and included a number of provisions designed to encourage a transition to farming and to move
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3040-473: The US had acknowledged the claim of the Crow to this area. Following defeat, the Peace Commission recognized it as "unceded Indian territory" held by the Sioux. The US Government could only dispose of Crow treaty territory, because it held parallel negotiations with the Crow tribe. The talks ended on May 7, 1868. The Crows accepted to give up large tracts of land to the US and settle on a reservation in
3135-609: The US still recognized the 1851 Crow claim to the Indian territory west of the Powder. The Crow and the US came to an agreement about this expanse on May 7, 1868. With the reservation border following "the northern line of Nebraska", the Peace Commission ceded to the Sioux the original Ponca Reservation , which had already been guaranteed the Ponca in multiple treaties with the government. "No one has ever been able to explain" this blunder, which
3230-455: The United States. The government agreed to reimburse the tribes for damages caused in the construction of works on the reservation, in the amount assessed by "three disinterested commissioners" appointed by the President. It guaranteed the tribes access to the area to the north and west of the Black Hills as hunting grounds, "so long as the buffalo may range thereon in such numbers as to justify
3325-405: The Whiteclay lawsuit challenges the defendants' "intent to distribute on a dry reservation, contrary to federal and tribal law." On October 1, 2012, the U.S. District Judge John M. Gerrard dismissed the Oglala Sioux Tribe 's lawsuit against the beer stores and associated companies, saying that the federal court did not have jurisdiction over the issue. He dismissed it "without prejudice, meaning
3420-497: The above have resulted in the publication of the facts of the illegal trade in alcohol and its devastating effects on the Lakota people, especially its children, both born and unborn. The OST is seeking $ 500 million in damages for reimbursement of the "cost of health care, social services and child rehabilitation caused by chronic alcoholism on the reservation , which encompasses some of the nation's most impoverished counties." The tribe
3515-537: The alcohol revenues. James N Hughes III suggests that the Oglala Sioux Tribe at the Pine Ridge Indian Reservation could "regulate, police and profit from the sale of what has been, for 200 years, an irresistible liquid commodity." Rather than supporting white traders, the tribe could keep its money within the reservation and directly control and police the alcohol trade. In 2010 the beer sales at Whiteclay generated $ 413,932 in federal and state taxes, according to
3610-604: The alcohol sales. There were problems of public drunkenness in Whiteclay, and violence was associated with alcohol there and on the reservation. A 2000 report stated that tribal police estimated issuing more than 1,000 DUIs annually on the two-mile stretch of road between White Clay and Pine Ridge. Victor Clarke, a grocery store owner in the hamlet, noted that numerous places within an hour's drive could supply beer if Whiteclay were shut down, saying "The state of Nebraska doesn't want Whiteclay to go away because it allows problems to be isolated in this one little place. You hear people in
3705-597: The border territory were part of the state of Nebraska. A final ruling on the jurisdictional issue could only be made in federal court, as Congress has the authority to establish reservation boundaries. Soon after the territory entered the public domain, a trading post was set up to sell alcohol to the Lakota, and merchants have continued to do so since. In 2010, its four beer stores sold an estimated 4.9 million 12-ounce cans of beer, an average of over 13,000 cans per day, for gross sales of 3 million dollars. The outlets provide no place on site for customers to consume beer, and it
3800-542: The cessation of hostilities, stating "all war between the parties to this agreement shall for ever [ sic ] cease." If crimes were committed by "bad men" among white settlers, the government agreed to arrest and punish the offenders, and reimburse any losses suffered by injured parties. The tribes agreed to turn over criminals among them, any "bad men among the Indians," to the government for trial and punishment, and to reimburse any losses suffered by injured parties. If any Sioux committed "a wrong or depredation upon
3895-400: The chase." As one source examined the treaty language with regard to "so long as the buffalo may range", the tribes considered this language to be a perpetual guarantee, because "they could not envision a day when buffalo would not roam the plains"; however: The concept was clear enough to the commissioners … [who] well knew that hide hunters, with Sherman's blessing, were already beginning
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3990-670: The commissioners, and an additional 34 signatories as witnesses. Although the commissioners signed the document on April 29 along with the Brulé, the party broke up in May, with only two remaining at Fort Laramie to conclude talks there, before traveling up the Missouri River to gather additional signatures from tribes elsewhere. Throughout this process, no further amendments were made to the terms. As one writer phrased it, "the commissioners essentially cycled Sioux in and out of Fort Laramie ... seeking only
4085-432: The consent of the tribes. This included 33,000,000 acres (13,000,000 ha) of land outside the reservation which were previously set aside by the 1851 treaty, as well as around an additional 25,000,000 acres (10,000,000 ha). As part of this, the government agreed to close the forts associated with the Bozeman Trail. Article 16 did not however, address issues related to important hunting grounds north and northwest of
4180-554: The construction of some government outposts and roads), and that tribes would be responsible for wrongs committed by their people. In return, the US Government would offer protection to the tribes, and pay an annuity of $ 50,000 per year. No land covered by the treaty was claimed by the US at the time of signing. The five "respective territories" of the participating tribes – Sioux, Arapaho and Cheyenne , Crow , Assiniboine , Arikara , Hidatsa and Mandan – were defined. North of
4275-405: The defendants knowingly sold and distributed beer with the intent of consumption on the Pine Ridge Indian Reservation, where alcohol is banned and alcohol-related problems are rampant. According to the suit: The illegal sale and trade in alcohol in Whiteclay is open, notorious and well documented by news reports, legislative hearings, movies, public protests and law enforcement activities. All of
4370-609: The eastern part of the Republican Fork from the Pawnee in 1833. The Pawnee held a treaty right to hunt in their ceded territory. In 1873, the Massacre Canyon battle took place here. The treaty, as agreed to "shall be construed as abrogating and annulling all treaties and agreements heretofore entered into." Over the course of 192 days ending November 6, the treaty was signed by a total of 156 Sioux, and 25 Arapaho, in addition to
4465-506: The education of said Indians ... as will best promote the education and moral improvement of said tribes." These were to be managed by a local Indian agent under the Commissioner of Indian Affairs. Article 10 provided for an allotment of clothes, and food, in addition to one "good American cow" and two oxen for each lodge or family who moved to the reservation. It further provided for an annual payment over 30 years of $ 10 for each person who hunted, and $ 20 for those who farmed, to be used by
4560-563: The entirety of the Ponca Reservation to the Lakota, pursuant to Article II of this treaty. The United States never intervened to return the Ponca land. Instead, the Lakota claimed the Ponca land as their own and set about attacking and demanding tribute from the Ponca until 1876, when US President Ulysses S. Grant chose to resolve the situation by unilaterally ordering the Ponca removed to the Indian Territory . The removal , known as
4655-497: The federal government for another executive order to withdraw the buffer from public domain. They contend that because Roosevelt never demonstrated that the need for the buffer did not exist, the executive order was invalid. Even if such action were achieved, it could always be subject to reversal by another president. Separately, in a 1999 protest against beer sales at Whiteclay, nine Oglala Sioux led by Tom Poor Bear were arrested. They challenged their arrests by Nebraska officials, on
4750-431: The formality of the chiefs' marks and forgoing true agreement in the spirit that the Indians understood it." Following initial negotiations, those from the Peace Commission did not discuss the conditions of the treaty to subsequent tribes who arrived over the following months to sign. Rather, the treaty was read aloud, and it was permitted "some time for the chiefs to speak" before "instructing them to place their marks on
4845-408: The four liquor stores lost their licenses, and the town has ceased to be the main supplier of alcohol to the reservation. The border town of Whiteclay has always been tied to the Pine Ridge Indian Reservation to the north within the state boundaries of South Dakota. The majority of the Oglala Sioux Tribe (OST) live at Pine Ridge reservation. The Rosebud Sioux Tribe (Sicangu Oyate), also known as
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#17328517366054940-416: The government "cease to recognize the Indian tribes as domestic dependent nations," and that no further "treaties shall be made with any Indian tribe." William Dye, the commander at Fort Laramie was left to represent the commission, and met with Red Cloud, who was among the last to sign the treaty on November 6. The government remained unwilling to negotiate the terms further, and after two days, Red Cloud
5035-469: The grant. It stood to lose the earmarked money by October 2007. Tribal activists of the Strong Heart Society have conducted annual blockades since 1999, trying to intercept alcohol and drugs being brought into the reservation. For instance, in June 2006 tribal activists had protested the beer sales by blockading the road to confiscate beer bought in Whiteclay. The blockade was to be held within
5130-465: The grounds that, according to the 1868 Fort Laramie Treaty and subsequent federal law, the White Clay Extension is still under the jurisdiction of the Pine Ridge reservation, where alcohol sales are prohibited. The Oglala Sioux Tribal Court ruled in the defendants' favor. In February 2000, the Sheridan County, Nebraska court ruled that the defendants could be charged under local law, as Whiteclay and
5225-459: The heart of the 1851 territory. It was possible for the Peace Commission to allow the Sioux to hunt on the Republican Fork in Nebraska (200 miles south of the Sioux reservation) along with others, because the US held the title to this river area. The Cheyenne and Arapaho had ceded the western part of the Republican Fork in 1861 in a more-or-less well-understood treaty. The US had bought
5320-457: The increased cost of additional tribal police personnel and other costs of OST patrols to be associated with Whiteclay. But, by May 2007, the tribe had spent no money for this purpose. Fire Thunder was impeached several months before the end of her term in 2006. The political conflict within the tribe appeared to have resulted in its choosing not to implement the agreement; by May 2007, it had hired no new police nor organized to take advantage of
5415-507: The judgment of the agent may grow the most valuable crops for the respective year." Once the promised buildings were constructed, the tribes agreed to regard the reservation as their "permanent home" and make "no permanent settlement elsewhere". Article 16 stated that country north of the North Platte River and east of the summits of the Big Horn Mountains would be "unceded Indian territory" that no white settlers could occupy without
5510-458: The liquor licenses of Whiteclay's stores and increase law enforcement in the area. The nearest Nebraska-based law enforcement is the county sheriff's office, based in the county seat of Rushville 22 miles (35 km) to the south. The Sioux tribal law enforcement in Pine Ridge , South Dakota has no jurisdiction in Whiteclay, and the number of tribal police has been reduced by nearly two thirds over
5605-579: The manager of a grocery store in Whiteclay, supports the idea of the tribe's ending its prohibition against alcohol sales. He thinks it would be the "biggest economic boon they could do." The tribe would then have both the benefits and responsibility of alcohol sales. On February 9, 2012, the Oglala Sioux Tribe filed a federal lawsuit against Whiteclay's liquor stores, as well as national beer distributors and manufacturers, including Anheuser-Busch InBev , Molson Coors Brewing Company , Pabst Brewing Company , and Miller Brewing Company . The lawsuit alleges that
5700-475: The marketplace and "turn a social poison into an economic boon." The tribe could regulate operations of liquor stores, such as hours, and better police selling to underage consumers. In 2004 the tribe voted down a referendum to legalize alcohol sales, and in 2006 the tribal council voted to maintain the ban on alcohol sales. In the summer of 2010, Denver American Horse, a teacher of the Lakota language , announced as
5795-586: The nearest big city (and other customers) is two hours to the north. According to Mary Frances Berry , the 10-year chair of the United States Commission on Civil Rights , Whiteclay can be said to exist only to sell beer to the Oglala Lakota. Victor Clarke, the owner of Arrowhead Foods, a grocery store in Whiteclay that does not sell alcohol, said he "did more than a million dollars in business last year, with an entirely Native American clientele." As
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#17328517366055890-623: The other reservations in South Dakota, such as the Sicangu Oyate or Brulé Sioux at the Rosebud Indian Reservation to the east. The Winnebago Tribe of Nebraska is among those that have legalized alcohol sales. As another example, in 2006, the Omaha Nation in northeastern Nebraska started requiring payment of tribal license fees and sales taxes by liquor stores located in towns within its reservation boundaries in order to benefit in
5985-458: The other tribes signing the 1851 treaty engaged in battle with the US soldiers, and most allied with the Army. With the 1851 intertribal peace soon broken, the Arikara, Hidatsa and Mandan called for US military support against raiding Sioux Indians in 1855. By summer 1862, the three tribes had abandoned all their permanent villages of earth lodges in the treaty territory south of
6080-407: The past several years. In the fall of 1999, Native American activists Russell Means and Frank LaMere proposed getting a license to sell beer in Whiteclay, in order to retain some monies to benefit the tribe and build a treatment center on the reservation, but abandoned the project due to disagreement by others of their group. In 2005, the state of Nebraska and President Cecilia Fire Thunder of
6175-540: The payment, having demanded instead the return of their land which would not be possible to contest if the monetary compensation was accepted. The first Treaty of Fort Laramie, signed in 1851, attempted to resolve disputes between tribes and the US Government, as well as among tribes themselves, in the modern areas of Montana, Wyoming, Nebraska, and North and South Dakota. It set out that the tribes would make peace among one another, allow for certain outside access to their lands (for activities such as travelling, surveying, and
6270-434: The person or property on any one, white, black, or Indians" the US could pay damages taken from the annuities owed the tribes. These terms effectively relinquished the authority of the tribes to punish crimes committed against them by white settlers. In addition, these terms would subject tribal members to judgment under the U.S. government. Similar provisions appeared in nine such treaties with various tribes. In practice,
6365-476: The prepared document." As the source continues: These tribes had little interest in or understanding of what had taken place at the Fort Laramie councils. They wanted the whites out of their country and would fight as long as necessary. The process of abandoning the forts associated with the Bozeman Trail, as part of the conditions agreed to, proved to be a long process, and was stalled by difficulty arranging
6460-482: The rail lines, the US Government, organized the Indian Peace Commission to negotiate an end to ongoing hostilities. A peace counsel chosen by the government arrived on April 19, 1868, at Fort Laramie , in what would later become the state of Wyoming. The outcome would be the second treaty of Fort Laramie Treaty, signed in 1868. The treaty was laid out in a series of 17 articles: Article one called for
6555-593: The reservation and many now travel to other Nebraska towns like Rushville . For the 2000 Census, the CDP for Whiteclay was erroneously named 'Pine Ridge'. The name has been corrected to 'Whiteclay' in 2010 for all subsequent census products and reports. A small portion of the Pine Ridge reservation overlaps with the Whiteclay CDP in Nebraska. According to the United States Census Bureau , the census-designated place (CDP) known as "Whiteclay, Nebraska" has
6650-445: The reservation boundaries. The activists had lifted the blockade after agreeing to work with Chief of OST Police James Twiss on ways to limit bootlegging. According to Twiss, the roadblock was illegal; however, the police department lacked the money and manpower to do more to interdict bootlegging from Whiteclay to the reservation. In May 2007, activists discussed another blockade after some bootleggers were successfully prosecuted by
6745-403: The reservation has no banks and few stores, its residents spend most of their money in Nebraska border towns, for regular needs as well as alcohol. The beer stores in Whiteclay cash welfare and tax refund checks for the Oglala Lakota, taking a 3 percent commission. Prior to 2017, the status of Whiteclay's beer stores was a constant political issue in the region, prompting waves of activism to end
6840-477: The reservation. The Arikara, Hidatsa and Mandan held the treaty right to the bigger part of those hunting grounds according to the 1851 treaty. With the 1868 treaty, the Sioux ceded land to the US directly north of the reservation. This article proclaims the shift of the Indian title to the land east of the summits of the Big Horn Mountains to Powder River (the combat zone of Red Cloud's War). In 1851,
6935-400: The reservation. The area was created to serve as a buffer zone to help prevent the sale of alcohol to residents of the reservation. The language of the order said that the buffer zone would be used until it was no longer considered necessary. In 1904, President Theodore Roosevelt signed an executive order that removed 49 of the 50 square miles (130 km ) of the White Clay Extension from
7030-512: The reservation. There was no consultation with the Oglala Sioux Tribe as to whether they believed this was useful. Traders immediately established a post near the reservation border and started selling alcohol, and most of their customers came from the nearby reservation. The trading post developed as the unincorporated community of Pine Ridge, commonly known as Whiteclay. It reached its peak population of 104 in 1940, but its population has declined for decades since. Some Oglala Sioux have appealed to
7125-533: The revenues. These would support building a treatment center and founding more programs, and the tribe could directly regulate and control the sales, as other tribes have done. (See discussion below). A pair of unsolved murders of Lakota men in early 1999 led to protest rallies led by various activist groups, including members of the American Indian Movement (AIM) from Pine Ridge Indian Reservation and Nebraskans for Peace , demanding that Nebraska revoke
7220-441: The sale of the goods from the fort to the Bureau of Indian Affairs. Fort C.F. Smith was not emptied until July 29. Fort Phil Kearny and Fort Reno were not emptied until August 1. Once abandoned, Red Cloud and his followers, who had been monitoring the activities of the troops rode down and burned what remained. The peace commission dissolved on October 10 after presenting its report to Congress, which among other things, recommended
7315-528: The same name. If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Whiteclay&oldid=510012431 " Category : Place name disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Whiteclay, Nebraska Whiteclay ( Lakota : Makȟásaŋ ; "whiteish or yellowish clay ")
7410-414: The slaughter that would eventually drive the Indians to complete dependence on the government for their existence. Despite Sioux promises of undisturbed construction of railroads and no attacks, more than 10 surveying crew members, US Army Indian scouts and soldiers were killed in 1872 and 1873. Because of the Sioux massacre on the Pawnee in southern Nebraska during a hunting expedition in 1873,
7505-422: The solution; that reservation residents would drive further afield to purchase alcohol, which might lead to increased drunk driving; and that any money recovered in damages by the OST, in this suit or others, might be used to buy alcohol. Federal law (18 U.S.C. § 1161) prohibits the sale and distribution of alcohol on reservations unless allowed by the tribal government. Charles Abourezk, a Rapid City lawyer, said
7600-403: The state liquor commission. Hughes suggests that a "legalized liquor trade could provide the tribe with its own product upon which to levy tribal taxes and generate much needed revenue to fund healthcare services on Pine Ridge," including building a detoxification facility. In addition, proper taxation strategy by the Pine Ridge Indian Reservation could be used to eliminate Whiteclay's stores from
7695-417: The state to designate the area an 'alcohol impact zone.' Under the legislation, the state liquor commission would be authorized to "limit the hours alcohol sellers are open, ban the sale of certain products or impose other restrictions." The measure was introduced by Nebraska state Senator LeRoy J. Louden of Ellsworth, whose district includes Whiteclay. Sheridan County officials support it. In April 2017,
7790-425: The territory". According to one source writing on article two, "What remained unstated in the treaty, but would have been obvious to Sherman and his men, is that land not placed in the reservation was to be considered United States property, and not Indian territory." As in 1851, the US recognized most of the land north of the Sioux reservation as Indian territory of the Arikara, Hidatsa and Mandan. In addition,
7885-541: The three-member Nebraska Liquor Control Commission voted to deny license renewals to the four liquor stores in Whiteclay, citing inadequate law enforcement in the area. The stores were allowed to continue selling beer until the existing licenses expired at midnight April 30, 2017. The store owners appealed the decision to the Nebraska Supreme Court, but their appeal was denied. Since then, the town has cleaned up, with fewer vagrants; however, bootlegging continues on
7980-408: The towns around here saying, 'We don't want these guys in our town.'" In 2010, the liquor stores paid federal and state excise taxes (included in liquor's sale price) of $ 413,932, according to the state liquor commission, mostly from sales to residents of the Pine Ridge Indian Reservation . Some activists have supported the legalization of alcohol sales on the reservation so that the tribe can keep
8075-439: The treaty states, to "insure the civilization of the Indians entering into this treaty". The tribes agreed to compel both male and females to attend school, and the government agreed to provide a schoolhouse and teacher for every 30 students who could be made to attend. In article eight, the government agreed to provide seeds, tools, and training for any of the residents who selected tracts of land, and agreed to farm them. This
8170-438: The treaty terms." These provisions have since been controversial, because subsequent treaties amending that of 1868 did not include the required agreement of three-fourths of adult males, and so under the terms of 1868, are invalid. The government agreed to furnish the tribes with a "physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths". The government agreed to provide $ 100 in prizes for those who "in
8265-464: The tribe could take its claims to state court." The judge acknowledged that beer sales contributed to problems on the reservation. As noted, the Nebraska legislature created bills to increase funding for police protection and health services in the area. In February 2012 Nebraska lawmakers were considering legislation that would allow the state to limit the types of alcohol sold in areas like Whiteclay. The measure would require local authorities to ask
8360-422: The tribe in protests, said that there was internal tribal conflict over the proposed deputization program. He thought the agreement represented a commitment by Nebraska officials to take action but it "shuns the state's responsibility" for the effects of the beer sales. Vasina's documentary about the issues and activism was released in 2008 as The Battle for Whiteclay . In 2010, the Nebraska legislature passed
8455-508: The tribes "closer to the white man's way of life." The treaty protected specified rights of third parties not partaking in the negotiations and effectively ended Red Cloud's War . That provision did not include the Ponca , who were not a party to the treaty and so had no opportunity to object when the American treaty negotiators "inadvertently" broke a separate treaty with the Ponca by unlawfully selling
8550-458: The tribes to take legal individual ownership of previously commonly held land, up to 320 acres (130 ha) for the heads of families, and 80 acres (32 ha) for any adult who was not the head of a family. This land then "may be occupied and held in the exclusive possession of the person selecting it, and of his family, so long as he or they may continue to cultivate it." Article seven addressed education for those aged six to 16, in order, as
8645-551: The war, the Crows sided with the soldiers in the isolated garrisons. Crow warrior Wolf Bow urged the Army to, "Put the Sioux Indians in their own country, and keep them from troubling us." After losing resolve to continue the war, following defeat in the Fetterman Fight , sustained guerrilla warfare by the Sioux, Cheyenne and Arapaho, exorbitant rates for freight through the area, and difficulty finding contractors to work
8740-636: The west, and the construction of the Union Pacific Railroad , led to substantially increased travel through the area, largely outside the 1851 Sioux territory. This increasingly led to clashes between the tribes, settlers, and the US government, and eventually open war between the Sioux (and the Cheyenne and Arapaho refugees from the Sand Creek massacre in Colorado , 1864) and the whites in 1866. None of
8835-400: Was 3.33. In the CDP, 21.4% of the population was under the age of 18, 7.1% was from 18 to 24, 28.6% from 25 to 44, 35.7% from 45 to 64, and 7.1% was 65 years of age or older. The median age was 42 years. For every 100 females, there were 75.0 males. For every 100 females age 18 and over, there were 83.3 males. The median income for a household in the CDP was $ 61,250, and the median income for
8930-483: Was nonetheless enforced by the government, irrespective of their earlier agreements. Article three provided for allotments of up to 160 acres (65 ha) of tillable land to be set aside for farming by members of the tribes. By 1871, 200 farms of 80 acres (32 ha) and 200 farms of 40 acres (16 ha) had been established including 80 homes. By 1877, this had risen to 153 homes "50 of which had shingle roofs and most had board floors" according to an 1876 report by
9025-429: Was to be in the amount of up to $ 100 worth for the first year, and up to $ 25 worth for the second and third years. These were one of a number of provisions of the treaty designed to encourage farming, rather than hunting, and move the tribes "closer to the white man's way of life." After 10 years the government was able to withdraw the individuals from article 13, but if so, it would provide $ 10,000 annually "devoted to
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