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The Indian Reorganization Act and the Loss of Tribal Sovereignty: Constitutions on the Rosebud and Pine Ridge Reservations

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The Indian Reorganization Act and the Loss of Tribal Sovereignty: Constitutions on the Rosebud and Pine Ridge Reservations University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Great Plains Quarterly Great Plains Studies, Center for 1987 The Indian Reorganization Act and The Loss of Tribal Sovereignty: Constitutions on the Rosebud and Pine Ridge Reservations Richmond L. Clow University of Montana Follow this and additional works at: https://digitalcommons.unl.edu/greatplainsquarterly Part of the Other International and Area Studies Commons Clow, Richmond L., "The Indian Reorganization Act and The Loss of Tribal Sovereignty: Constitutions on the Rosebud and Pine Ridge Reservations" (1987). Great Plains Quarterly. 317. https://digitalcommons.unl.edu/greatplainsquarterly/317 This Article is brought to you for free and open access by the Great Plains Studies, Center for at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Great Plains Quarterly by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. THE INDIAN REORGANIZATION ACT AND THE LOSS OF TRIBAL SOVEREIGNTY CONSTITUTIONS ON THE ROSEBUD AND PINE RIDGE RESERVATIONS RICHMOND L. CLOW The rhetoric of the Indian New Deal has on the Pine Ridge Reservation had between directed scholars to study tribal political them written and adopted seven constitutions activities only after the Indian Reorganization between 1916 and 1933. These documents Act of 1934. Graham D. Taylor expressed the show both a strong understanding of and a prevailing opinion when he claimed that "the widespread interest in constitutional govern­ tribal governments established under the Indi­ ment among the Sioux. Moreover, these early an Reorganization Act constitute a totally new constitutions actually provided the tribes with and unfamiliar level of organization for many more autonomy than did the 1934 IRA Indian groups.'" Although the flurry of new constitutions, which required approval or tribal constitutions adopted after 1934 over­ review of the actions of tribal governments by shadowed previous constitutional activities, the Office of Indian Affairs in the Department Taylor and others overstate the case. Indian of the Interior or by the secretary of the tribes had always had the right to determine interior himself. Despite the plenary powers of their own form of government, and many Congress over Indian affairs, nothing in the tribes, beginning with the Cherokee in 1827, context of the pre-1934 constitutions was as had adopted written tribal constitutions long limiting as these "limiting clauses" in the IRA before the IRA. The Brule' Sioux of the constitutions. : Rosebud Reservation and their Oglala kinsfolk The Rosebud Business Council accepted the first written constitution for that reserva­ tion in 1916 and the Pine Ridge people followed with their own written constitution Richmond L. Clot<.: teaches in the Native Ameri­ in 1921. The Rosebud document evolved from can Studies Program of the University of Mon­ the reservation's Business Council. In 1916 tana, and has published in the field. members of the council appointed a constitu­ tion drafting committee. Asked for his sugges­ tions, Superintendent Charles W. Davis [GPQ 7 (Spring 1987): 125-134J preferred that the Sioux write their own 125 constitution because when "we attempt to ducted on this reservation is the best I have formulate [it] ... for them and to mold them ever seen anywhere." He added that "practi­ to it we will not only ... fail in our attempt cally all of the members of the Tribal Council but we will discourage them in their work and are the best Indians from every point of dishearten them.'" Upon completing the con­ view ... They are industrious, intelligent, in stitution, council members approved the docu­ fact, they would be considered the COI1Sen·a­ ment, but the reservation population did not tive leaders of the Indians." Covey was also vote on the constitution. quick to note that there was strong opposition By writing this document, the Rosebud to the existing Tribal Council by those indi­ Business Committee exercised the tribe's in­ viduals who were once called chiefs or head­ herent right to create a government of its own men; their powers were declining and thev choosing.' This constitution based representa­ wanted to return to the former general coun­ tion to the newly created Rosebud Tribal ciL; An election was held in June ]920 to Council on reservation camps or communities determine what type of reservation governing instead of on reservation farm districts.' In body would represent the tribe-the former 1916 there were twenty-four indentifiable general councilor the 1916 constitutional Indian communities on Rosebud, each of government. Nearly 75 percent of the eligible which was permitted to send one male dele­ males over the age of twenty-one voted for the gate, twenty-five years of age or older, to serve general council to represent the tribe.' on the council. Elections were held on the first With this mandate to change the form of Saturday in December of every even num­ representative government on the Rosebud bered year with the term of office set at two Reservation, tribal members wrote a new years. Only male allottees twenty-one years of constitution that reflected the past vote and age or older could vote. the reservation population approved the new This constitution had no restraints requir­ government in December 1920. The name was ing outside review, but it did control the changed from the Rosebud Tribal Council to conduct of Tribal Council members by prohib­ the Rosebud General Council.~ Membership iting unauthorized petitions from being sent to in this organization included "all bona fide" any government official without the approval tribal members instead of just male allottees. of the council. The 1916 constitution was not The nineteenth amendment to the U.S. Con­ popular with the reservation people and was stitution giving women the right to vote had headed toward conflict because the members been approved 26 August 1920; that may hav·e of the Rosebud Business Committee who accounted for the inclusion of women in the drafted the document had never submitted it tribal organization. Though membership was to the reservation population for approval. open to all members of the tribe, a Board of This submission was absolutely necessary Advisors was created that consisted of the because the new Rosebud Tribal Council chiefs or headmen from each of the reserva­ assumed the duties and responsibilities for­ tion's scattered camps or communities. The merly held by both the former Business officers of the Board of Advisors, collectively Committee and all the Rosebud people in called the Advisory Board, included a chair­ general counciL' This preemption was a costly man, vice chairman, secretary, treasurer, and mistake but the upshot of it was to demon­ critic, all elected for a term of two years. strate that the reservation population de­ The 1920 constitution provided for greater manded to have a role in the ratification of community participation by opening council reservation constitutions. membership to all members of the tribe. In In the following year, Claude C. Covey addition, the Rosebud General Council re­ became the superintendent at Rosebud. He served for itself in the first amendment the reported that the "Tribal Council as con- "authoritv and power to change and amend TRIBAL CONSTITUTIONS 127 the Constitution and By-laws of the said tribal business. Adult members elected five council any time it [saw] fit to do so."'c' The delegates and five alternates from each of the 1920 constitution required more tribal partici­ reservation's eight political districts to serve on pation, established a Board of Advisors for the the new Oglala Tribal Council." Representa­ traditional headmen, and specifically defined tives were elected for a four-year nonstaggered the broad power of the General Council to term and selected their own officers, who amend their governing document. John Bun­ served one-year terms. The council also elected tin, Rosebud superintendent during the 1920 chiefs, who were to maintain the "dignity of a ratification, claimed that "it is best, in all chief[,] to advise and give peaceful and wise matters which are of very little importance to counsel and to defend the rights of the tribe permit them to name their own representative, and his fellowmen."" Not only were early which I believe to be the policy of your constitution writers concerned with the need Office."" Reflecting the sentiment of the to expand tribal participation in the reserva­ Rosebud people, Carlos Gallinaux, secretary of tion political process, but they also maintained the General Council, noted that "the organi­ as much as possible of their cultural heritage in zation may not have a legal existence but it is, the written documents by continuing the office nevertheless, an Official [sic] organization of chief and group participation in the political under the supervision of the Rosebud Superin­ process, even though that approach was tendent."12 contrary to the philosophy of the Office of By 1921 two written constitutions had Indian Affairs and its employees. Attempts to governed the Rosebud reservation and the change constitutions in the 1920s suggest that reservation people were responsible for writing on each reservation tribal leaders were aware and approving each constitution, with mini­ of their tribe's inherent powers of self-govern­ mal interference or help from either the ment and that the reservation political leaders reservation superintendent or the Office of understood the fundamentals of constitutional Indian Affairs. In the same year the people of law. nearby Pine Ridge Reservation drafted their Rosebud leaders revised and amended their first written constitution. A leader in the 1920 constitution in December 1924. They movement, James H. Red Cloud, a descendant sent James McGregor, superintendent, a copy of the famous chief, delivered copies of the first of the General Council's revisions in the early constitution written by the Oglalas to Henry spring of 1925.
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