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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

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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. After comparing the 1920 Tidwell, superintendent of the Pine Ridge constitution with the 1924 revisions, McGre­ Reservation. Tidwell returned the copies to gor informed the commissioner of Indian Red Cloud without approving the constitu­ Affairs that "there seems to be a tendency in tion, preferring not to associate with reserva­ this new constitution to be wholly indepen­ tion government.'; Tidwell categorized Red dent of Agency officials. "If Changes incorpo­ Cloud and his supporters as troublesome, rated in the 1924 constitution included unprogressive old men who were trying to limiting the number of members on the Board preserve their families' past prestige. Indeed, of Advisors to twenty and basing that number they were trying to do that, but by more liberal of representatives on the nine reservation farm and democratic methods than those advocated districts. The amendments added to the for­ by the reservation superintendent. mer 1920 constitution became integral articles The 1921 constitution became the first in the revised 1924 constitution and the written constitution of the Pine Ridge resi­ provision permitting the election of a reserva­ dents, though it was never approved by the tion chief was dropped. ,; Department of Interior's Office of Indian At Pine Ridge in the early 1920s, Ernest W. Affairs. It expanded tribal participation by Jermark, the superintendent, noted that the providing a larger governing body to conduct council leadership called meetings whenever 128 GREAT PLAINS QUARTERLY, SPRINCi 1987 they wanted and that jealous men composed in each district, Jermark attempted to provide the council leadership. Jermark wrote that he some uniformitv to the elections by declaring "seriously questioned the advisabilitv of the 31 December 1928 as election day reservation­ continuance of a council," and that the wide. Jermark understood that his suggestion council had "not been of material benefit to to have uniform elections in all the districts him [sic]."" Despite Jermark's hostility toward was not binding; as he noted, "I do not know the Pine Ridge constitutional government, that I have any authority to force the Indians tribal leaders continued to refine their consti­ to usc this against such plan as each district tution. might care to use. ":' Jermark reported that the tribe was disillu­ This 1928 constitutional government be­ sioned with the 1921 constitution and that the came known as the Committee of 21, but reservation leaders wanted a new constitution many members of the former government were that would provide a better format for the unhappy with it. Two years after the first election of representatives and thereby con­ council was seated, the dissidents initiated vince the commissioner of Indian Affairs to discussions to create a new tribal government approve the document. Toward this end, at a meeting held 19-21 February 1931, at the Jermark sent a copy of the new constitution, Episcopal Church at Porcupine. Assembled written and adopted by the tribal council, to delegates voted 45 to 1 to abolish the Commit­

Commissioner Charles Burke. I' Burke wanted tee of 21. To replace it, representatives voted provisions added to the constitution that 48 to 0 for the "tribal Council previously would strengthen the superintendent's role in known as [the] Oglala Council [to] now be and tribal government by permitting him to call stand as the tribal council of our reservation." special meetings of the council.: The delegates then appointed one representa­ The commissioner approved the revised tive from each district to inform the superin­ constitution on 18 September 1928.:' Follow­ tendent of the change in government. In ing departmental approval, Jermark called for defense of the change, they presented a written a general council of delegates from the seven statement to the superintendent, stating that farm districts to meet at the Loafer Camp, the former council gave "the people more called Red Cloud's Hall by the Oglalas, on freedom in speech and expression" than the 28-30 November 1928, in order that the current government; in addition, government delegates could accept or reject the proposed "which [had operated in one form or anoth­ constitution.:: After several days of discussion, er] ... for over 35 years ... was generally twenty-seven delegates voted for and two satisfactory to the tribe."'- To counter the against it." Only four pages in length, the new dissenters, representatives supporting the constitution required three enrolled adult Committee of 21 claimed that returned stu­ members from each of the seven farming dents and other educated members of the tribe districts to sit on the new Oglala Tribal backed them while "elderly illiterate gen­ Council.' Article 11, which pertained to the tlemen on this reservation are fighting desper­ amendment process, stated that no changes ately to revive their old ... tribunal of were final "until approved in writing by the chiefs."> Commissioner of Indian Affairs." This dispute was more complex than a Another provision in the 1928 Pine Ridge battle between the descendants of chiefs and constitution required that the "superintendent headmen and the recently educated Oglalas of the Pine Ridge Agency shall arrange for the and revolved around the disputed election of first election of councilmen under this consti­ 31 December 1929. Henry Standing Bear, a tution."" Because the constitution did not major supporter of the Committee of 21, define a method for the election of candidates changed his allegiance to the dissenting group but left that process to the people's discretion following the election dispute. So did James TRIBAL CONSTITUTIONS 129

Red Cloud, who had been involved in an and by-laws adopted by them, as some matters earlier election dispute that he lost to James require an understanding of local conditions LaPointe, a strong supporter of the Committee and conference with the Indians.'" of 21. Many other people also turned away Tribal members began drafting a new from the committee in response to the irregula­ constitution in late 1931 and the process rities of the 1929 election. The opponents of continued until early 1933. The new govern­ the Committee of 21 claimed that the election ment was called the Oglala Sioux Tribal had been a vote to test the new constitutional Council and all enrolled members of the tribe government of 1928 for two yearSj the two were entitled to vote on any tribal business. years had passed and the trial period had Members had to reside in one of the eight ended unsuccessfully. James McGregor, the political districts that closely coincided with new superintendent at Pine Ridge, announced the farming districts. Even though all enrolled that his office would remain neutral in this adults were members of the tribal electorate,

o dispute between the two factions. , lv1cGregor the constitution declared that a forty-six went even further, stating that the Office of member council composed of an Executive Indian Affairs recognized the Committee of Board and five delegates from the eight 21, but if the tribe decided to change govern­ districts "shall have complete management of ments that was fine with him. He was not any business coming before and for the best taking sides. To make that clear, McGregor interests of the Oglala Sioux Tribe." In addi­ stated that it was "not the mission of this tion, this constitution granted authority to the Office to say who shall or shall not be elected council to assess fees necessary for the conduct to the Councilj" and that it was his desire to of the tribe's business, but no funds collected observe "A HANDS [sic] OFF Policy in the were to be loaned or borrowed. All proposed election of members.'''' constitutional amendments had to be filed and In the summer of 1931, the opponents of circulated for thirty days prior to action by the the Council of 21 created their own extralegal council. A quorum consisted of a majority of government called the Council of 100, based the councilmenj when the council was voting upon the former Oglala Tribal Council. In an on an issue that pertained to tribal property, attempt to determine which government three-fourths of the adult males had to support would govern on Pine Ridge, the rival organi­ the question. i4 In short, by eliminating the zations held a joint meeting at Mission Flat commissioner's review of constitutional Hall in early September. An overwhelming amendments, this document provided for number of delegates voted to discontinue the more group participation and less Office of Committee of 21 and to return to the former Indian Affairs involvement than the 1928 Oglala Tribal Council. The Office of Indian constitution that it replaced. That the Sioux Affairs requested that another general tribal people were sophisticated in their understand­ council convene and discuss again the form of ing of a constitution was demonstrated by the reservation government. This time delegates relative ease with which tribal constitutions from each of the farm districts met at Allen, changed on Pine Ridge from 1928 to 1933 and South Dakota, on 13 i\:(wember 1931, and by the fact that the later constitution provided voted overwhelmingly once more for the old tribal government greater self-rule. form of government. 'c After the second general While the Pine Ridge people spent years vote in support of the former government, writing and changing their constitution in the Commissioner of Indian Affairs Charles late 1920s, these were relatively quiet times on Rhoads accepted the tribe's will and worked to Rosebud. Superintendent Edward E. McKean improve the newly drafted constitution. considered tribal government a necessary Rhoads carefully noted, however, "[this] office learning experience for the Rosebud people hesitates to attempt to rewrite the constitution because it "leads [the Indian] ... to take a 130 GREAT PLAINS QUARTERLY, SPRINC:; 1987 personal interest in his own affairs and is a the same manner as non-Indian politics, strong factor in assisting him in his growth Roberts claimed that the Office of Indian toward general citizenship." McKean did com­ Affairs should not tamper with the "general plain that the seventy-two delegate Rosebud tenor of the proposed constitution and by-Ia\\'s council was too large to conduct tribal busi­ [but keep them] as nearly in accordance with ness efficiently. i; the Indians' desires as we reasonably can." Though the 1924 Rosebud constitution Though Roberts was reluctant to get provided for popular participation, the coun­ involved in the writing of a tribal constitution cil's size made it difficult to reach decisions. for Rosebud, he believed that he had to make Eventually, the council was forced to create a some attempt to bring the 1933 document into constitutional drafting committee in late 1932 line with John Collier's dream to create or early 1933. At the regular 6-8 April 1933 democratic representative reservation govern­ council meeting, the members unanimously ments. Collier, the newly appointed commis­ approved the new constitution and bylaws. it sioner of Indian Affairs, believed that This 1933 Rosebud constitution decreased the democratic organizations would aid the tribes size of the Board of Advisors from seventy-two in moving forward out of poverty and permit to twenty, eliminated representation based them to take control over their own affairs. upon the individual Indian communities, and Roberts claimed that this 1933 constitution employed the reservation farm districts as the complied with "the Commissioner's desire to basis for selecting delegates to the Board of bring about a democratic organization among Advisors. In order to amend the constitution, the Indians. Before any new constitution only a three-fourths vote of the council was would work, Roberts correctly observed, it required. Demonstrating that members of would "be necessary to give a good deal of tribal council government understood Con­ support to the selected leaders. "" gress's paternalistic approach to Indian affairs, The potential for strong department back­ the constitutional committee inserted a clause ing of tribal leadership occurred in 1934 when into the 1933 document emphasizing the Congress passed the Indian Reorganization concept of government relations with the Act. This was an act enabling tribes to United States. It stated that "this organization reorganize and to adopt new tribal constitu­ shall expect the Congress of the United States tions. It is interesting to note that North to cooperate by securing the consent of said Dakota Senator Lynn Frazier had introduced tribe before any legislation is enacted which a similar bill in the Senate two years earlier may effect said tribe. ",C In addition, the 1933 without success.' Commissioner of Indian Rosebud constitution, like the Pine Ridge Affairs Collier, who was the driving force document, contained no provisions requiring behind the new legislation, viewed the law as Office of Indian Affairs review or approval of the tribal people's salvation. Since many tribes tribal actions. accepted the Indian Reorganization Act and William O. Roberts, who assumed the became known as IRA tribes, it is important to superintendency of the Rosebud Reservation ask if, in accepting the IRA constitutions, they in October 1930, claimed that the 1924 gained or lost tribal powers of self-gm'Crnment. constitution created too large a council and There are several important disti nctions that it only partially represented the Rosebud between the IRA constitutions for Pine Ridge people. According to Roberts, the recent 1933 and Rosebud and those preceding them. First, constitution was more democratic than the the commissioner of Indian Affairs encouraged 1924 one. He also noted that special officials tribes to accept the IRA; in the past, the from the Office of Indian Affairs had discussed reservation people had pushed for local tribal the proposed changes with tribal leaders. constitutions. Second, the Office of Indian Because tribal politics were not conducted in Affairs generally remained outside previous TRIBAL CONSTITUTIO~S 131 reservation constitutional disputes and m;­ creased a tribe's power to make its own ,umed the position that people in the commu­ decisions by requiring Office of Indian Affairs Illtv should write their own governing review or secretarial approval of Council documents because they understood local actions; this power did not exist in the seven needs better than outsiders, but officials from previous Pine Ridge and Rosebud constitu­ t he Reorganization Office actively pushed for tions, save for the 1928 Pine Ridge document.'" L'onstitutional re\'ision under the Indian Reor­ Therefore, many tribes that accepted the IRA ganization Act. Third, the success of the new and its accompanying constitutions lost politi­ IRA constitutions required the support of the cal power. Ironically, John Collier wrote, "it is existing councils at both reservations, since imperative that we set the feet of our Indian these councilmen would have to appoint a friends on the path that leads to self-govern­ committee to draft a new constitution that ment," when the Rosebud, Pine Ridge, and conformed to the guidelines established by the other tribes already possessed the powers of Indian Reorganization Act and to subsequent self-government. regulations written by the Office of Indian In the IRA constitutions, legislative actions Affairs. of the tribal council fell into three categories. After lengthy discussions, the Pine Ridge First, the tribal council could pass resolutions and Rosebud people accepted the IRA and that did not require Office of Indian Affairs e\Tntually adopted new constitutions that review or approval only when the resolution were subsequently known as IRA constitutions affected tribal operations or regulated "the or New Deal constitutions. They did not procedure of the council itself."" Second, some widely differ from each other in content and tribal resolutions required the approval of the scope except in the matter of the selection of secretary of the interior. For instance, neither representatives to the tribal council. Pine tribal council could pass a resolution altering Ridge maintained the farm district as the reservation voting districts nor could they political boundary for representation to the employ legal counsel without the action being council while Rosebud employed individual "subject to the approval of the Secretary of the reservation communities as political divisions. Interior."" It should be noted that whenever These differences, though, were in line with an IRA constitution required secretarial ap­ the historical preferences of the constituents of proval, "the action of the council [did] not go the respective reservations for either farm into effect until the Secretary had actually district or individual community as the basis approved the resolution or ordinance in for council delegation selection. question. In such cases, there is no time limit The IRA constitutions were longer than with which the secretary must act."" Third, the earlier ones. In general, these New Deal some council actions required review by the constitutions attempted to maintain broad reservation superintendent before going into tribal powers, but the IRA tribal constitutions effect. Such review, which differed from appro­ adopted at both Pine Ridge and Rosebud val, was required when the council appropri­ contained specific clauses limiting tribal sover­ ated tribal funds for public purposes, levied eignty that are found only in the previous 1928 taxes against tribal members, restricted per­ non-IRA Pine Ridge constitution. In the sons from trust lands, and passed tribal law absence of these clauses in the earlier tribal and order ordinances. Ordinances that af­ constitutions, Congress had to pass a specific fected nonmembers of the tribe were "subject act diminishing tribal powers of internal self­ to review by the Secretary of the Interior."'s government. Both the Pine Ridge and Rosebud IRA consti­ Since a tribe has the inherent power of tutions contain identical review processes. internal self-government, these "limiting Generally, the superintendent had the power clauses" found in the IRA constitutions de- to accept or reject the tribal resolution ten 132 GREAT PLAINS QUARTERLY, SPRING 1987 days after he received it. The secretary of the tion superintendent and the secretary of the interior had ninety days to rescind or to interior increased by virtue of the IRA consti­ approve the o,uperintendent's decision, and if tution. This loss of tribal power explains why no department action was taken within the the conservative full bloods on the Pine Ridge required time frame the resolution went into and Rosebud reservations refused to support effect." the Indian Reorganization Act. The full The foregoing constitutional restrictions bloods, who favored a greater degree of self­ requiring review by the reservation superinten­ government than other reservation groups, dent or secretarial approval clearly limit an made their mark on the early reservation IRA tribe's powers of internal self-government. constitutions that provided for a greater degree Kenneth Meiklejohn, assistant solicitor for the of tribal sovereignty and tribal participation Department of the Interior, noted informally than the IRA ones. As a result of their defense that it falls upon the tribal officers to follow of self-rule, their opposition to the more constitutional restrictions and bylaws. He restrictive IRA constitutions was inevitable. added that "[iJn exercising powers of review or Reinforcing this full-blood opposition was the approval which the Department specifically fact that, after the adoption of New Deal enjoys by virtue of constitutional provisions constitutions, Indian service personnel consid­ conferring them or recognizing them, the ered the new tribal governments on Pine Ridge validity or invalidity of an ordinance or and Rosebud as mere ad\'isory bodies to the resolution may well be a factor in determining Office of Indian Affairs."' whether it should be objected to." He argued By placing the current IRA Pine Ridge and that the Department should follow the Indi­ Rosebud tribal constitutions in their historical ans' desires when reviewing or approving tribal context as documents that came late, we can acts. If it did not, the Department would soon see that these tribal governments lost some be acting as a supreme court. That would be a sovereignty by accepting the New Deal consti­ "wide departure from the promises of local self­ tutions. The concept of self-government was government which have been made to the not expanded but, in fact, decreased as the Indians and which are implicit in the restric­ Department of the Interior gained more con­ tions upon the powers of review and approval trol over tribal affairs by exerting secretarial contained in the constitutions and charters."" right of approval and Department review over Collier himself noted that the IRA legislation certain tribal resolutions through specific "was composed as a constructive forward­ tribal constitutional provisions. The Office of looking program for the Indians to save their Indian Affairs, not Congress, made the deci­ lands, to enable them to have self-government sion to insert the provisions for Department in a far broader sense than has heretofore review into the constitutions. Tribes that existed for many years."" maintained their pre-IRA constitutions, nota­ Despite Collier's prose, the reality was that bly the Navajo, now have a greater degree of Pine Ridge and Rosebud lost internal sover­ self-government, and federal courts have eignty because of the IRA constitutional upheld the premise that tribes whose constitu­ provisions of secretarial approval and Interior tions do not contain limiting clauses do not Department review. Even though the assistant have to submit their tribal ordinances to the solicitor in the Department wanted to temper Department for approval.·' An understanding its review and approval powers, the fact of the broad tribal powers found in the pre­ remained that the Department could refuse to IRA constitutions makes evident the demise of approve many controversial resolutions affect­ tribal decision-making. John Collier's plan to ing important jurisdictional issues on the broaden tribal self-government was defeated reservations. While tribal powers of self-gov­ by the very wording of the New Deal constitu­ ernment decreased, the powers of the reserva- tions, with their limiting clauses, that he so TRIBAL CONSTITUTIONS 133

Jl~,peratcl\' wanted apprm'ed on the Sioux C,allineaux to Commissioner of Indian Affairs, 15 rc,;cf\'atioos of Pine Ridge and Rosebud, This September 1920, Central Classified, Rosebud, Deci­ mal 0')4, File 62245, RC, 15, NA. hHOfV of lost tribal rights makes it important 9, Rosebud General Council, Article I, 20 fl)r the present resen'ation communities to December 1920, Central Classified, Rosebud, Deci­ (llllsider constitutional rev'isions through mal 0'54, File 101910, RG 75, NA. Hereafter cited as which thev might be able to eliminate Depart­ 1920 Rosebud Constitution, ment approval and re\'iew, Although "such 10, 1920 Rosebud Constitution, Article III; Article IV, Sec, 1; Article IV, Sec. 2; Article IX; tnbes are [only] free, with the backing of the Amendments, Article I (quoted), Interior Department, to amend their constitu­ 11, John Buntin to Commissioner of Indian tions to remove the requirement of secretarial Affairs, 21 September 1920, Central Classified, approval," it is worth ending this discussion bv Rosebud, Decimal 054, File 62245-20, RG 75, l"A. nLlting that in 1985 and 1986, the Rosebud 12, Carlos Gallineaux to Commissioner of Indian Affairs, 20 January 192 Central Classified, and Pine Ridge Tribal Councils initiated the 5, Rosebud, Decimal 054, File 101910-22, RG 75, l'\A. removal of some of the "limiting clauses" from 13, Henry Tidwell to James H. Red Cloud, 9 their IRA constitutions, June 1921, Central Classified, Pine Ridge, Decimal 054, File 61020, RG 75, NA. 14, Constitution of the Pine Ridge Reservation, 26 April 1921, Article 2, Article 4, Article 18, l'OTES Central Classified, Rosebud, Decimal 054, File L Graham D, Taylor generally described the 61020, RG 15, l'\A. Hereafter cited as 1921 Pine limiting clauses found in IRA constitutions, hut he Ridge Constitution, did not compare these documents to pre-IRA 15, Ibid" Article 3, Article 18; Article 31 constitutions, See The Neu' Deal and American (quoted), Indian Tribalism: The Administration of the Indian 16, James McGregor to Commissioner of Indian Reorgani~ation Act, 1934-45 (Lincoln: University of Affairs, 3 March 1925, Central Classified, Rosebud, Nebraska Press, 1980), p, 65, Decimal 054, File 101910-22, RG 75, NA. 2, Wilcomb E, Washhurn strongly believes that 17, Constitution and Bvlaws of the Rosebud the Indian Reorganization Act provided tribal General Council, Article IV, Sec. 1, Article 14, governments with the greatest degree of internal approved 5 December 1924, Central Classified, self-rule since before the tribes' concentration on Rosebud, Decimal 054, File 101910-22, RG 75, NA. reservations, Refer to his article, "A Fifty-vear 18, 1926 Pine Ridge Annual Narrative, Frame Perspective on the Indian Reorganization Act," 0815, Roll 106, Microcopy 1011, NA. American Anthropologist 86 ( 1984): 279-88, 19. Ernest W, Jermark to Commissioner of ), Charles \\1, Davis to Commissioner of Indian Indian Affairs, 16 January 1928, Central Classified, Affairs, 1') Mav 1916, Central Classified Files, Pine Ridge, Decimal 054, File 1131-24, pt. 1, RG 75, Rosebud, Decimal 0'54, File 38194-16, Record l"A. Group 75, National Archi\'cs (RG 75, NA), 20, Charles Burke to Ernest Jermark, 27 April 4, Santa Clara Pueblo L :vlurtinez, 436 C,S, 1928, (copy) Central Classified, Pine Ridge, Decimal 49-63 (1978); Felix S, Cohen's Handhook of Federal 054, File 1131-24, pt, 1, RG 75, l\A. Indian Lau' (Charlottes\'ille, Va,: Bohhs-~1errill, 21, 1928 Pine Ridge Constitution, Central 1982), p, 24~, Classified, Pine Ridge, Decimal 054, File 1131-24, pt. 5, Constitution and Bda\\'s of the Rosebud 1, RG 75, NA. Trib;ll Council, Article I, Sec. 1, and Article II, Sec, n, ]\;orice, Pine Ridge Agency, 5 November 1, approved the Business Council on 1 ~1arch 1928, Central Classified, Pine Ridge, Decimal 054, 1916, Central Classified, Rosebud, Decimal 0'54, File 1131-24, pt. 1, RG 15, NA. File 38194, RG 75, NA. Hereafter cited as 1916 23, James H, Red Cloud, Chairman, Pro Tern, Rosebud Constitution, )0 l"ovember 1928, Central Classified, Pine Ridge, 6, 1916 Rosebud Constitution, Article I, Sec. 2; Decimal 054, File 1131-24, pt. 1, RG 75, NA, It is Article 1, Sec. 3; Article IX, Sec, 2; Article IV, interesting to note that the first day's discussion 7, Claude C, Covey to Cummissioner of Indian centered on the credentials of seven of the delegates, Affairs, 11 October 1911, Central Classified, Rose­ 24, 1928 Pine Ridge Constitution, Article 2, bud, Decimal 0'54, File 95673, RG 75, ~A. Central Classified, Pine Ridge, Decimal 054, File 8, Rosehud Annual Narrati\es, 1920, Frame 1131-24, RG 75, NA. 0466, Roll 118, Microcopv 110 1, ~A; Carlos 25, 1928 Pine Ridge Constitution, Article 11 134 GREAT PLAINS QUARTERLY, SPRINC 1987

('luoted); Article 2 (quoted). Inc/iam in rhe Unired :;t([rcs, Hearings, U.S. Scnate, 2n. Ernest W. Jenn:lrk to Commi"ioner of pt. 22,1912, p. 12211·12233. Indi:m Affairs, 12 January 1l)2l), Central Classified, 40. United :;wrC\t. Wheeler, 435 U. H 3, 122·21 Pine Ridge, Decim:d (154, File 1111·24, RCj 75, NA. (1978); Felix :;. Cohen's Handbook of Fdewl Indian 27. Minutes :md Proceedings of a Meeting held L!1tl', 1982, p. 231. at Porcupine, 19, 20, 21 Fehru:ny 1911, Central 41. John Collier to William O. Roherts, 17 Classified, Pim' Ridge, DClimal 054, File 1131·24, April 1934, Central Classified, Rosehud, Decim;ll RC 75, l\A. 066, File 5MN·n, RCJ 7'i, NA. 28. James LaPointe and others to Commissioner 42. 1936 Pine Ridge Constitution, Article IV, of Indian Affairs, 8 Manh 1911, Central Classified, Sec. 1(s); 191 'i Rosebud Constitutions, Article IV, Pine Ridge, Decimal 054, Fill' 1131·24, RC; 75, NA. Sec. 1 and 4(t). For a general discussion of the 29. James McGregor to Commissioner of Indian limiting clauses in the IRA constitutions, cllnsult Affairs, 28 February Ill) 1, Central Classified, Pine T aylor, The Nell' Dcal and American Indilln Tri' Ridge, DL'cimal 054, File 1131·24, RC 7S, NA. halism, pp. 96-97, 101-3. It is import:lIlt to renwm' 30. C;ENERAL NOTICE TO PINE RIDCE ber that Taylor did not compare the IRA INDIANS, 18 February IlJ)), Central CI:l"ified, constitutions with the pre·19 34 constitutions. Pine Ridge, Decimal 054, File 1131.24, RCJ 75, ~A; 43. 1916 Pine Ridge Constitution, Article III, original emphasis. Sec. 3, Article IV, Sec. 3; 11))5 Rosebud Constitu· 11. Minutes uf Council, 4 September Ill) I, tion, Article 1lI, Sec. 3, Article III, Sec. J(h). Mission Flat, Pine Ridge, Centr:lI Classified, Pine 44. William Zimmerman to James H. Red Ridge, Decimal 054, File 51S71·11, pt. 1, RC, 75, Cloud, 11 Decemher 1942, Central CI:lssified, ['inc NA. Ridge, Decimal 054, File 5157 j.lJ, pt. 2, RC 75, n. James l\1cC:jregur (() COlllmi",ioner uf Indian l\A. Affairs, 20 No\'Cmhcr 1911, Central Classified, Pine 45. 1936 Pine Ridge Constitution, Article IV, Ridge, Decimal OS4, File 51571·)), pt. 1, Rej 75, Sec. 1 (g, h, i, k, tn, p, aIld rl; 1915 Rosehud NA. Constitution, Article IV, Sec. 1 (g, h, i, j, k, and tnl. 11. Charles Rhoads to J:1I11('S McCJrcgor, 25 46. 1936 Pine Ridge Constitution, Article IV, August 19)2, Central Classified, Pine Ridge, Deci· Sec. 4; 193) Rosebud Constitution, Article IV, mal 054, File SI571.11, pt. 1, Rei 75, ~A. Sec. 2. H. 191) Pine Riclge Cunstitution, Article 1, 47. Kenneth Meiklejohn, Memnr:lIldum to Mr. Centr:d Classified, Pine Ridge, Decim:d 054, File Mcl\:icklc, 10 January 19 lll, Central Classified, 51571.31, pt. 1, RC; 75, ~A; Article 2; Article 3 Rosehud, Decimal 057, File 9712·C,16, RC 75, l\:A. (quuted); Artide 7; Arrick 8; Article 5. 4S. John Collin to Charles Face, g Octoher 3S. E. E. McKc;m to Cummissioner of Indian 1934, Central Classified, Rosehud, Decimal 06h, Affairs, 28 Octoher 1929, Central Classified, Rose· File SHN· n, Rei 7'i, NA. bud, Decind 054, Fill' 3')682·11, Rei 75, l\A. 49. Ruth Hill Useem, "The Aftermath of Dc· 3(l. :Vlinutes and Pwceedings, Rosehud T rihal feat: A Study of Acndturation among the Rosehud Council, Parmicc, South IJakot:\, 6,8 April lln 1, Sioux of South Dakota," Ph.D. diss., University (If Central Classified, Ruschud, Decimal OS4, File \ViscoIlsin, lL)47, pp. 1'i'i .. 62. 40444·30, RCJ 7'), l\A. SO. Indidn Lal( Rerorter, April II)oS, \(\1. 12, 17. 1911 Rosebu,I Constitution, Artick IX, p. 1028. In the case, Kcrr·;\1cCce Corr. t. ,\}([Ldjo Central Classified, Rosebud, Decim:l1 054, File Trihe, et d. decided in April 198\ the Supreme 40444·10, RCJ 75, l\A. Court stated that "the flure;lU of Indian Aff:lirs, in lS. \V. O. Roherts to Commissioner of Indi:lIl assisting the drafting of tribal l'llI1stitutions, had a Affairs, 23 August ll) 3 3, Central Classifid, RosL" policy of including pro\'isilll1s for secrct:rri:11 re· hud, Dccimal 054, File 411494')11, RC 75, l\:A. view," N. Congo I\cc., 16 Fehruary 1932, Scn:lte, 72n,l 'i 1. Intiion LdL(, [(Crorter, April 198'), \'ul. 12, Congress, 1st Session, Vol. 75, pt. 4, p. 4015. For p. 1028. the text of hazicr's hill sec :;w"n of Condiriom or til<'