Bad men clause facts for kids

A bad men clause is a special part of agreements, called treaties, made between the United States government and different Native American tribes. This clause said that if "bad men" (meaning people from the United States) harmed tribal members or their property, the U.S. government would catch and punish these people. It also promised to pay back the tribal members for any damage or loss they suffered. Even though this clause hasn't been used very often, it's still a way for tribes who signed these treaties to seek fairness when U.S. citizens commit wrongs against them.

What is a Bad Men Clause?

A "bad men clause" was a promise from the United States. It was included in treaties with Native American tribes. This promise meant that if people from the U.S. committed crimes against tribal members, the government would act. They would arrest and punish those responsible. The government also agreed to pay back the people who were harmed. This was meant to bring justice and protect tribal communities.

A Look at History

These special "bad men" promises appeared in nine different treaties. They were all signed between 1867 and 1868. One very important treaty was the Treaty of Fort Laramie (1868). This agreement was made in 1868. It was between the United States and several Lakota groups, including the Oglala, Miniconjou, and Brulé bands. The Yanktonai Dakota and Arapaho Nation were also part of this treaty.

The Fort Laramie Treaty of 1868

The 1868 Fort Laramie Treaty was signed after an earlier treaty from 1851 didn't work out well. The very first part of the 1868 treaty included the "bad men clause." This clause specifically required the U.S. government to find and punish white settlers who committed crimes against the Sioux people. However, in real life, this part of the treaty was rarely put into action.

Using the Clause Today

Even though these clauses are old, they can still be used today. Tribes can refer back to these treaties. This helps them seek justice for issues that come up.

The Keystone XL Pipeline Case

For example, in 2015, the Lower Brule Indian Reservation used the 1868 Treaty of Fort Laramie. They used it against a company called TransCanada Corp.. This company was building the Keystone XL pipeline. The tribe said that having the pipeline was dangerous. They believed it was a risk to both their land and the people living on it.