"Lakota Sioux Nations" Treaty Rights! To Fish In "The Black Hills" Without A U.S. Controlling Document! (fishing License)
“United Urban Warrior Society” sponsored a Picnic at Veterans Point at Pactola Lake in the sacred Black Hills of South Dakota. To express our treaty rights! Under the (1886) & (1851)
We invite all activists to come and join us! No fishing license required by Tribal members!! It’s our right to fish in the Black Hills!! The treaty gives us this right!.
On September 17, 1851, the Lakota Sioux Nation, among other Indian Nations, entered into a Treaty with the United States known as the Fort Laramie Treaty.
Article V of the 1851 Treaty provided in pertinent part: It is, however, understood that, in making this recognition and acknowledgment, the aforesaid Indian nations do not hereby abandon or prejudice any rights or claims they may have to other lands; and further, that they do not surrender the privilege of hunting, fishing, or passing over any of the tracts of country heretofore described.
Thus, by the 1851 Treaty, the Lakota Sioux Nation retained the right to travel over the land, and the State of South Dakota lacked authority to impose any restrictions upon Enrolled tribal members, and retained the right to fish in the area (Black Hills) without a license.
In 1868, the United States entered into another Treaty with, among other Indian Nations, the Lakota Sioux Nation. By this treaty, the United States, among other binding promises, recognized the "Black Hills" as being set aside for exclusive use by the Sioux people.
Article 17 of the 1868 Treaty provided:
It is hereby expressly understood and agreed by and between the respective parties to this treaty that the execution of this treaty and its ratification by the United States Senate shall have the effect, and shall be construed as abrogating and annulling all treaties and agreements heretofore entered into between the respective parties hereto, so far as such treaties and agreements obligate the United States to furnish and provide money, clothing, or other articles of property to such Indians and bands of Indians as become parties to this treaty, but no further.
Thus, the 1868 Treaty did not abrogate any of the sovereignty and land agreements of the 1851 Treaty.
“All courts, state and national must take judicial notice and be governed by a Treaty of the United States as a law of the land.” United States v. Rauscher, 119 US 407, 419-20 (1886)(Emphasis added). See also Maiorano v. Baltimore & O.R.R.Co., 213 US 268 (1909)(“Treaty, within limits of treaty making power, by express words of Art. VI, cl. 2, is Supreme Law of Land, binding alike national and state courts, is capable of enforcement, and must be enforced by them in litigation of private rights.’”)
Since a Treaty is the Supreme law of the land, this Court must both take judicial notice of, and apply in this case, the 1851 Treaty which prohibits this state from restricting Enrolled tribal members right to travel over the land at issue since they have a Treaty right to travel over the land.
The State of South Dakota had no power or authority to impose limitations upon Enrolled tribal members right to travel freely over the area in question (Black Hills). The State of South Dakota has no power or authority to impose limitations upon any enrolled Tribal member's right to fish in the area in question.
Fort Laramie Treaty of 1868,
‘The exclusive right of taking fish in all the streams, where running through or bordering said reservation, is further secured to said confederated tribes and bands of Indians, as also the right of taking fish at all usual and accustomed places, in common with citizens of the Territory, and of erecting temporary buildings for curing them; together with the privilege of hunting, gathering roots and berries, and pasturing their horses and cattle upon open and unclaimed land.’
(Federal Case involving the Yakima Tribe of Washington State)
1942 United States Supreme Court Ruling, “Viewing the treaty in this light we are of the opinion that the state is without power to charge the Yakima's a fee for fishing.”
Under the treaty, Means says the Sioux did not surrender their hunting, fishing and traveling privileges in western South Dakota to the federal government.