The treaty of 1851 had several problems. There were not enough interpreters to ensure that each tribe had a full understanding of the contract, which was written in English. Another problem was that the government was used to making decisions through elected representatives. The Caribbean tribes made decisions when all peoples agreed (consensus). These two traditions collided. The tribes agreed to appoint chiefs to sign the document, but they could not control who was not part of the decisions. A more important issue was that the terms of the treaty were violated by American citizens, the government, and tribes. Representative Roncalio also informed the House of Representatives that in the past, Congress had enacted laws that waived the defense of legal force in private claims, and had done so twice with respect to Indian claims. Ibid. He referred to the Act of March 3, 1881, 21 Stat. 504 (which in fact waived the effect of an earlier arbitration award rendered by the Senate on the Choctaw Nation) and the Act of February 7, 1925, 43 Stat.
812 (which empowers the Court of Claims and the Supreme Court to consider the claims of the Delaware tribe “de novo” on a legal and equitable basis and without regard to a decision, a decision or settlement with respect to these claims). Both Orders in Council were also brought to the attention of a Senate subcommittee during hearings on this amendment conducted in the previous Parliament. See the hearing of p. 2780 before the Subcommittee on Indian Affairs of the Senate Committee on Home Affairs and Island Affairs, 94th cong., 2nd c., 16-17 (1976) (Letter from Morris Thompson, Commissioner of Indian Affairs). The decrees mentioned by Representative Roncalio were each in Choctaw Nation v. United States, 119 U.S. 1, 29-32, 7 pp. Ct. 75, 91-92, 30 L.Ed. 306 (1886) and Delaware Tribe v.
United States, 74 Ct.Cl stated. 368 (1932). Six years later, in 1874, gold was found in the Black Hills. Although the government offered to buy the land, the Sioux tribes declined the offer. The Black Hills were sacred to the Sioux and they didn`t want to sell. The military did not prevent gold seekers from entering the Black Hills. The federal government then required all Sioux on reserve to be relative. Sitting Bull and his band refused. Other conflicts followed. Treaties that were supposed to bring peace led directly to more conflicts. The congressman explained his views on the constitutionality of the amendment during the debates in the House of Representatives. He explained that the amendment “would create a real and serious break with the doctrine of the separation of powers, which I believe should continue to govern us and has governed us in the past.” 124 Cong.Rec.
2953 (1978). He continued: “The wording of the reservation makes it clear that it does not intend to dismiss jurisdiction on appeal, except as a means to an end. Its great purpose is to deny the pardons granted by the president the effect that this court has given them. 13 Wall., at 145. The joint resolution at issue in Nock also limited the amount of judgment that the Court of Claims could render to Nock to a sum that Davis J. had objected to with respect to the legal status of the Court, on the ground that the Sioux had not had the opportunity to file their application in its entirety in 1942. 207 Ct.Cl., at 249, 518 F.2d, at 1306. But here, Congress has not made any changes to the applicable law. He did not foresee, as our opinions make clear, that the Sioux should recover all interest in the value of the Black Hills.
Indeed, counsel for the respondents stated at the hearing that he could not convince Congress to “go that far.” Congress did not change the rule of law, it simply ordered the judiciary to try again. Congress must not seek to shift its legislative responsibilities and satisfy its constituents by rejecting final judgments and ordering new trials. Ray Billington, a senior research associate at the Huntington Library in San Marino, California, since 1963 and a distinguished student of the colonization of the American West, pointed this out in his introduction to the book Soldier and Brave (National Park Service, USA). .