United States v. Sisseton and Wahpeton Bands of Sioux Indians

Background

Members of the Sisseton and Wahpeton Sioux bands sought annuities promised by an 1851 treaty that Congress declared forfeited after a large outbreak and massacre in 1862–63. Congress later passed laws sending the dispute to the Court of Claims to calculate what would be due if the forfeiture were treated as if it had not happened and to set off any payments the United States had made to or for the bands since the forfeiture. The Court of Claims examined evidence, found many band members had aided the attacks, stated an account, and entered judgment for the remaining balance; both sides appealed.

Reasoning

The central question was which government payments could be deducted from the unpaid annuities. The Supreme Court agreed with the Court of Claims that Congress intended broad deductions and rejected the bands’ view that only sums expressly labeled by Congress could be charged against annuities. The Court accepted the factual findings about conduct and expenditures, treated payments for damages, support, and treaty-related appropriations as properly chargeable, and declined to overturn the accounting except to correct a small arithmetic error in the record.

Real world impact

The decision reduces the money the bands can recover by allowing large set-offs for sums the Government paid after the forfeiture, including funds used to indemnify victims and support the bands. Distribution is to proceed under the statute’s rules and the Interior Department’s roll, which excludes those found to have participated in the outbreak. The ruling resolves this accounting dispute rather than announcing a broad new national rule.

Dissents or concurrances

Justice McKenna dissented; the majority opinion by Justice Holmes affirmed the Court of Claims’ judgment with the noted correction.