If bad men among the whites

Media coverage of the Black Mesa controversy focused on Native opponents to the project

sovereignty was linked to sustainability

“a federal-Indian treaty could not rise above the power of Congress to legislate.”

This is the project that will put water on some of the Indian land

They surrounded the Lakotas and confiscated their weapons. A shot was fired, causing chaos. Native men tried to retrieve their weapons as soldiers opened fire on the encampment.The US soldiers massacred between two and three hundred men, women, and children. Many of the wounded were left to die in subzero temperatures.

Lakotas sent messengers by train to hear Wovoka’s message. They embraced it as a religious response to the harsh conditions they experienced on the reservations. [6]

without agreement from three quarters of Lakota males

live in houses, become farmers, and speak, read, and write English.

well-being of the Nation than the Mineral Estate

Crum’s main point here is that changes made during the reform process, which would require a change in the cfr, might be used against the Osage and might provide justification for the federal government to dissolve the Mineral Estate and perhaps even the Nation. Because of the effort to extend the Mineral Estate in perpetuity, there were historical reasons to fear that the U.S. government might use any excuse to destroy the Osage Mineral Estate. Maintaining this relationship with the United States was therefore a central motivator

My grandfather—and more frequently my grandmother—often voiced disapproval of non-headright-owning Osage, who were “just trying to get our money.”

The United States also stipulate and agree to extinguish;~l~~~:t to J:>e extin-for the benefit of the Cherokees

n 2006, the tribe won a bid to acquire Hard Rock International and all of its cafes, hotels, and casinos. It was a $965 million deal that gave Seminoles a presence in forty-four countries around the world.

“You know what you could do is have a few carved canoes and interview some old Indian ladies and get some recipes and put out a cookbook.

non-Natives charged that Native people had an unfair advantage in competition for economic assets because they didn’t have to play by the same rules as other Americans.

educated leadership of the Cherokee Nation (many of them mixed-descent) “could not be trusted to act in the best interest of monolingual full-blood Cherokee people.”

“All too often non-Indians had damned them for lacking ambition (and damned them to poverty) if they did not embrace America’s competitive economic culture, but damned them for greed or hypocrisy if they did.” – Alexandra Harmon, Rich Indians 

I think it would be incumbent upon every U.S. citizen to approach their representative and ask them, “Is this an appropriate use of my tax money?

who looked black (or had known African ancestry)

any products of his farm

He insisted that “the term ‘Indian’ will no longer be accepted’ on birth certificates, except for those of “known pure Indian blood, or those mixed with white.” He did not believe any such person lived in the state. He threatened midwives with legal action and jail time if they did not comply. He also posted notices on the backs of previously issued “Indian” birth certificates that insisted the bearer was actually black.

They took drastic steps to maintain their distance from African Americans—even going so far as to shun tribal members who married Blacks. The question of Black ancestry in the tribe became a deeply sensitive issue that they avoided talking about with outsiders and even within the tribe.

McKennon enrolled applicants whom he believed were half white and half Choctaw, but rejected those who appeared to have African American parentage, regardless of their claims to Choctaw ancestry.

instruction on how to farm

copyright 2020

3,500 Navaho vet-erans, not one. GI home Joan or business loan ~a'.s \teen made to anyone on the Reservation.

Thev will not in future oppose the construction of railroads, wagon-roads, mail stations, or other works of utility or necessity which Damages. may be ordered or permitted by the laws of the United States; but should such roads or other works be constructed on the lands of their reservation,

and a schoolhouse and chapel, so soon as a sufficient number of children can be induced to attend school, which shall not cost to exceed five thousand dollars.

upon proof made to the agent and forwarded to the Commissioner of Indian Affairs at Washington City, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also to reimburse the injured persons for the loss sustained.

threatened with the loss of their children or their welfare benefits, that most of them gave consent when they were heavily sedated during a Cesarean section or when they were in pain during labor, and that women could not understand the consent forms because they were written in English at the twelfth-grade level. Pinkerton-Uri stated that she did not believe that sterilizations occurred from “any plan to exterminate American Indians,” but rather from “the warped thinking of doctors who think the solution to poverty is not to allow people to be born.” (Pinkerton-Uri is featured in the video embedded above.)

doctors gave for performing these sterilizations were economic and social.

tribal courts held jurisdiction not only over children on tribal lands, but also those who lived off the reservation

They proposed a holistic solution: treating children as parts of the family, all of whose members deserved care.

This data was invaluable, because it not only showed authorities that there was a crisis, but also helped Native families to understand that their personal traumas were part of a larger pattern.

1976, one woman applied for Aid to Dependent Children, but within a week, state authorities charged her with neglect and placed her child into foster care. When questioned as to why South Dakota had not provided any social services to the mother before removing her child, the state denied that it had any responsibility to provide social services to the mother, “on the basis that the mother was not approved for ADC payment.” The state denied the mother’s application for ADC a month after her application, “on the basis that she no longer had the child in her care.” Thus, she had applied for benefits which would have made it easier to care for her child, but before she could be approved, the state removed her child and then denied her the benefits because she no longer had the child.  

indoor plumbing, adequate housing, and health care. Poverty itself essentially became grounds for child removal

this charge was warranted, as there are cases of child abuse and neglect in any racial or ethnic group.

Many outside observers did not regard Native custom marriages as legitimate—even if Native women were married in the eyes of themselves, their families, and their communities, if they weren’t married in the eyes of the state, their pregnancies were viewed as “out of wedlock.”

Helen Doss, an adoptive mother to two Native children, wrote that “a surplus of homes existed for the fair and perfect child, while nobody wanted those of mixed or minority race.”

Native families were deemed to be inherently “unfit.”

The intent was to allow tribes to build up the capacity to perform essential government functions and to improve the programs by making them more responsive to the needs of local communities. For example, if the tribe operated a healthcare clinic through a self-determination contract, it would be more effective than that clinic being administered by a federal agency headquartered away from the reservation—because the tribe would have more local control, knowledge of the needs of the community, and flexibility to better serve the healthcare needs of the tribal members.

Ute

Most of the time it is not good for you or your child. It makes you both homesick and your child must adjust again after you leave.”

reservations so arid that it takes 10 acres to graze one sheep, and expect them to eke out an existence

The Navajo and Hopi were the only tribes who benefitted from this effort. D’Arcy McNickle of the NCAI later complained, “Possibly the other tribes did not get enough newspaper publicity; perhaps they were not near enough to starvation—though they might dispute this.

“The lease money, though generally small in amount, gave the Indians further unearned income to permit the continuance of a life of idleness.”

oriental fatalism

breakdown of Native families, due to the “disintegrating effects” poverty, disease, and other afflictions. However, the most serious strain on Native families was “the condition of perpetual childhood in which Indians have been held, for both the system of education and the type of control exercised by the government over tribal and personal property have tended to loosen family ties.”

shallbemarkedorbranded"U.S."

Thetreatiesdiffersomewhatintheirwording,buttheyareessentiallyallthesame.Wereprinthereinfullthefirsttwotreatiesmade("Ml'and"N"),oneofMcKee'streaties("0"),one

batterers not being intelligent people

Look, we had this guy call and he wants information. He’s in your commu-nity. Get him to some other trainings. Make a relationship with him.’ Theseguys, you love ’em up, you feed ’em, then you can chew ’em out. They’llaccept that from you. If you just reject them . . .”The program Karen and her colleagues started for counseling abusersfocused on a separate message. “You say you want to be a Lakota man. Thisbehavior is not the true Lakota man.”

overeignty, specifically designed toattract the eye of Native leadership. They would see ‘sovereignty’ and ofcourse they’re going to think it’s about them as a government. Then theyopen it up. ‘Sovereign women strengthen sovereign nations.’”

really good with our hands

“The big city,” Karenjoked. “Everyone thought we were Chicano.”

In parts of the country, locations of women’s shelters are closely guardedsecrets

A small indica-tion of the poverty: at a gas station in the town of Pine Ridge, as I was aboutto fill my car, I noticed the pump displayed the previous purchase of $2.00.

This mother . . . Theseare the nicest people in the world. I mean, there are wayworse people in theworld than this family. This mother says, ‘So. You’re Indian! Tell us all about it.’“I looked at her and I didn’t say anything, ’cause I didn’t really know whatto say. She says, ‘See dear, you tell us all about it now, then we don’t have tobring it up again all weekend.’”

a social engineering problem

As of 1969, when Custer appeared on bookshelves: “the Choctaws and other people of the other ‘Civilized’ Tribes are among the poorest people of America.”75 Of course, poverty remained a prevalent problem across the reservation system throughout the United States, including American Indian communities living off reservation.7

Among the most offensive beliefs among the knowledge-challenged, though, was the belief that treaties “gave” land to Indigenous nations as an expression of American largesse and magnanimity.

Twenty- Point Position Paper” was presented as a rallying point around which those seeking meaningful reform in Indian affairs could focus their efforts: “While I did not become involved in the Trail of Broken Treaties, it has seemed to me that the Twenty Points which the people of the caravan drew up and were to have presented to the federal government were the most comprehensive and inclusive list of reforms that I have seen presented to any government officials for quite a while.” Furthermore, Deloria argued to his readers that the twenty points should form the basis of how tribes, be it in the form of tribal governments or urban Indian organizations, should develop a unified agenda focused on “a new federal relationship which we need and which we must have to bring any sense out of the present state of Indian Affairs

unilaterally

The law should provide that, once an Interpretation upon the matter has been rendered by either a federal district or circuit court an Indian Nation may, on its own behalf or on behalf of any of its members, if dissatisfied with the federal court ruling or regarding it in error respecting treaty or tribal rights, certify directly to the United States Supreme Court a "Declaratory Judgment of Interpretation", regarding the contested rights and drawn at the direction or under the auspices of the affected Indian Nation, which that Court shall be mandated to receive with the contested decision for hearing and final judgment and resolution of the controversy - except and unless that any new treaties which might be contracted may provide for some other impartial body for making ultimate and final interpretations of treaty provisions and their application.

AN INDIAN MANIFESTO

Over the course of the 71-day occupation, law enforcement agencies mobilized phantom jets, 17 armored personnel carriers, M-16 rifles with 50,000 rounds of ammunition, 11,760 rounds of M-16 tracer ammunition, 8,200 rounds of M-1 ball ammunition, 20 sniper rifles, 2,500 star parachute flares, M-79 tear gas grenade launchers, and infrared lights. They set up roadblocks and attempted to blockade the AIM-occupied town. The occupiers had a few automatic rifles and the weapons and ammunition from the trading post, plus the makings of Molotov cocktails.

And these guys would resent it personally—the people in Congress and the people in the Bureau.”

There were some Native people who advocated for integrating into the American polity, gaining rights through full embracing of American citizenship and dissolving the Bureau of Indian Affairs.

like their peers in underdeveloped countries, traditionally received vocational training to learn specific skills

Myer’s whole philosophy was to get the BIA out of the lives of Native people. To do so, the government identified those tribes which had made the most “progress” as eligible for termination. The list included the Six Nations of New York (Iroquois), the Potawatomis of Kansas, the Menominees of Wisconsin, the Flatheads of Montana, the Klamaths of Oregon, the Hoopas of northern California, and several smaller bands in southern California.

“Many of the individuals that favored termination were well-meaning people. They believed that they were offering Indian people an opportunity to join mainstream society. They were doing this, not to Indians, but for Indians.”

Politicians consistently returned to the idea that the Bureau of Indian Affairs' (BIA), the governmental agency in charge of holding Native money and land in trust, forced them to live, as Hugh Butler claimed, in conditions of “racial segregation,” “inferior status,” and subject to “control by race legislation.” They argued that Native people were held back from living their lives unencumbered by federal oversight.

(Indian name). I hand you a bow and an arrow. Take this bow and shoot the arrow. (He shoots.)

“The question is, whether the Indians are to be exposed to the danger of hostile collisions, and of being robbed of their lands in consequence, or whether they are to be induced by proper and fair means to sell that which, as long as they keep it, is of no advantage to anybody, but which, as soon as they part with it for a just compensation, will be a great advantage to themselves and their white neighbors alike.”

ported that five Hopi kachina non-Indian-owned but Dine-staffed factories ha

"Corrow's lawyer countered that while Corrow was being prosecuted for buying the Yei B'Chei masks, Fannie Winnie was not being prosecuted for selling them

California Indian people expressed their frustrations with being dependent on state legislation to address issues of repatriation within California since they do not qualify under NAGPRA

uly 1999, the Las Vegas Paiute council decided to disenroll fourteen of its fifty-four members.

The decision to neutralize their own matrilineal customary laws by es- tablishing a patrilineal requirement could not have been easily reached. And yet, the criterion's failure to affirm Santa Clara Pueblo traditional perspectives regarding gender and membership raises important ques- tions about just how deeply embedded the attitudes regarding male privilege had become within the tribe. Had discrimination against women become so naturalized?

a Canadian, Greenlandic, Mexican or other non-US group,

involved those men who attempted to marry into the tribe, kill their wives' families so that she would inherit their shares, and then kill their wives and children so that they would inherit all accrued head rights

All members of unrecognized tribes are excluded,

Indians in common with all citizens of the Territory

The above tribes and bands are desirous to exclude from their reservations the use of ardent spirits, and to prevent their people from drinking the same; and therefore it is provided, that any Indian belonging to said tribes, who is guilty of bringing liquor into said reservations, or who drinks liquor, may have his or her proportion of the annuities withheld from him or her for such time as the President may determine.

The said tribes and bands of Indians hereby cede, relinquish, and convey to the United States, all their right, title, and interest in and to the lands and country occupied by them,

All of this pressure to give up the ways of life that had produced these objects came up against the desires of collectors to preserve them.

one half of the fish

The Oregon Fish Commission argued that the treaty makers of the nineteenth century did not intend for Indians to “take all the fish.”

representatives from the NAACP argued that the Black political movement “would take care of Indian problems,”

Additionally, the NIYC secured the services of Marlon Brando, who announced he would join the campaign. NIYC leaders believed that Brando’s presence would attract greater media attention to the crusade and aid the larger goal of sustaining treaty rights.

This intertribal action was characterized by NIYC member Herb Blatchford as “the first full-scale intertribal action since the Indians defeated General Custer on the Little Big Horn.

Our people have fought and died for the United States and we have an agreement with it to fish these grounds. We plan to do so…and this flag will give us courage

It did not matter that the defendant was a member of a tribe that had signed a treaty guaranteeing their right to fish at their usual places.

“Have you abandoned tribal life and adopted the habits and customs of the white community?” with “No, except as compelled to do so by economic necessity.” Another noted that she had not been to any schools because she was “not allowed to attend because of being Indian blood.” She was refused recognition of her Indian status, but had not been sheltered from prejudice. [17]

Thus, Native people, who had outwardly done what they had been encouraged to do by the government for the previous four decades—assimilate—they were not considered to be “Indian” enough for New Deal era agents who understood Native people to be “traditional.” 

he let his bias about mixed ancestry show. He called Bruner: “…one who gains attention at all only through being an Indian, and yet who gains the attention through presenting the anomaly of an Indian ferociously trying not to be one. But when an Indian is subconsciously driven not to be an Indian, almost unavoidably he falls into imitation of the less attractive traits of the white man. You are, unfortunately, made less interesting through your choice of the white-man qualities you will imitate.”

federal services and funding were provided to tribes on the basis of their total population.

Haudenosaunee (Iroquois) Confederacy

that tribes might construct communities different from the communalism that Collier believed to be an inherent characteristic of Native people. 

Collier assured them that their assets would be protected. But, he did not really understand the nuances and complexities of actual reservations, where tribal territories were checkerboarded with non-Native properties, and he did not necessarily understand the diversity within Native communities.

Indirect rule was much less expensive than the existing system

Collier felt that tribal members needed a process by which they could learn the democratic processes of government. That is why he developed the concept of tribal governments operating under a constitution.

Many of those living on reservations knew firsthand, or had heard from their parents, how their societies had governed themselves before the reservation era. 

Even though Collier assured that tribes could vote against a constitution or charter, there was worry among tribes that if they did not adopt the recommendations of the Bureau of Indian Affairs, their tribe would be penalized in some way. 

The Commission assumed that adult men, as husbands, were the most important and permanent members of families, ignoring the likelihood that for Cherokees, the most permanent members were mothers and siblings.

Creek by blood” but her husband was “Creek Freedman,” their children would be considered to be “Creek Freedmen” as well, overriding matrilineal rules.

any individual with African ancestry to be a “Freedman” (the term used to apply to formerly enslaved people), no matter what the other elements of their ancestry.

three eighths

. The only excep-tion to that is Native women, and Native women— almost 80 percent, anywhere between 60 and 80 percent of Native women— report that their perpetrator was non- Indian.

And the interesting thing is that neither one of us is Navajo. Politically, we don’t have any connection with that tribe, but I could be prosecuted and he couldn’t, and that presents some really interesting questions when it comes to whether tribes are a racial classification or a political entity

certainly communities that are moving this direction that aren’t necessarily advertising that fact to the outside world.

n terms of holding men accountable, there are a number of different ideas that people have, and some of them are being implemented. They may not be obvious to an outsider, and it may not be within the tribal court system, but they are being held accountable culturally and spiritually.

It is set up and designed to protect white, male property owners

there were still laws on the books at the state level that indicated that women usually lie about rape, that it’s very difficult to prove a rape, that a woman who had a sexual background of perhaps having had sex before marriage or was not a virgin could not be seen as a victim under the eyes of the law.

Well, you have a group of prosecutors and U.S. attorneys and assistant U.S. attorneys who went into that field, not because they wanted to prosecute everyday, interpersonal crime but because they wanted to do bank robberies and terrorism and white- collar crime and drug trafficking. And the federal judicial system has never really been set up to handle things like domestic violence or rape. So you have a group of career attorneys who may or may not have wanted to take on these kinds of crimes. And, in fact, we hear culturally within the Department of Justice, attorneys say, “Oh God, not one of these. That’s not why I came here; I wanted to do bank robberies.”

but they don’t have to be from the tribe.

virgin land, and you know, the fertile land

Sprinkle in a few predictions here, some contestable commentary there, and the job is done, a reservation is disestablished. None of these moves would be permitted in any other area of statutory interpretation, and there is no reason why they should be permitted here. That would be the rule of the strong, not the rule of law. 

state courts finally disavowed the practice in 1989

United States v. Sandoval, 231 U. S. 28, 47–48 (1913). The dissent treats that case as a one-off: special because “the tribe in Sandoval, the Pueblo Indians of New Mexico, retained a rare communal title to their lands.” Post, at 21, n. 4. But Sandoval is not only a case about the Pueblos; it is a foundational precedent recognizing that Congress can welcome Native Americans to participate in a broader political community without sacrificing their tribal sovereignty. 

Congress empowered the President to remove and replace the principal chief of the Creek

federal treaties and statutes are the “supreme Law of the Land.” Art. I, §8; Art. VI, cl. 2.

Congress has since broken more than a few promises to the Tribe.

hapter 1 examines the current proliferation of Indian identity contro-versies and reads them as a signifier of a larger identity crisis. Chapter 2 deals with culture and how it gets used by parties who feel the need to po-lice its boundaries. Chapter 3 takes the idea of an Indian nation—and the nationalism that always produces that idea—seriously. Chapter 4 consid-ers the prospects of indigenous citizenship as a force to be reckoned with in modern times. Each chapter attempts to unpack its subject by locating it in time, space, discourse, and, whenever possible,

a proliferation of native newspapers, organizations, and associations supporting American Indian interests and representing Indian communities, a series of landmark tribal land claims and reservation resource rights, decisions that have reaffirmed Indian treaty rights, a legislative and judicial reaffirmation of tribal rights to self-determination and sovereignty that has opened the way for tribal economic development including casino gambling, a blossoming of cultural and spiritual renewal on many reservations and in urban Indian communities, an emerging intertribal urban Indian culture and community in U.S. cities, and an upsurge in the American Indian population as more and more Americans assert their native ancestry.58

I remember hearing a lot about Dennis Banks, AIM, and Red Power when I was a boy, and nearly all of it was bad.

Churchill wasn’t simply fired; he was actually transformed into a non-Indian before our unblinking eyes.

and where else would I meet so many friends?”

Perhaps the world will end at the kitchen table

create rather favorable conditions for a trendy new ethnic marketplace

18 IntRoductIonmilitary—yes, even today—to describe enemy territory.

but if that Indian is from Leech Lake or someplace else, before putting on the siren

Everyone knows what Indian space is like. It is circular, communal, and never near a cosmopolitan center.

‘Little Chicago’

he idea of the Indian nation, as only one example, is a modern idea that I believe was invented precisely at the moment of treaty, hence my call for more modernization is simultaneously a demand for greater nationaliza-tion.

Mbembe attacks the myth of the traditional society as little more than a racist stereotype that functions to keep Africans in the realm of what he calls “nothingness,” but in fact these tendencies are not only the habits of racists or anthropologists; they also appear in the discourse of traditionalists (albeit with the script flipped).

I object to that particular variant on the grounds that Indian time isn’t any more circular or less linear than anyone else’s sense of time, and why would we expect it to be? Shape is a characteristic of space, not time.

This sense of Indian time is only slightly altered when appropriated by Native people as an excuse for our own lateness (e.g., “Sorry I’m so late. I’m running on Indian time”). As with all appropriations of racial slurs (the n-word is another example), it both defangs the slur and creates new problems.

t’s ancient history.

8 IntRoductIonWe are still living the legacies of this history. American Indians live below the poverty line at twice the rate of the general American population—more than 25 percent.11 Natives are twice as likely to die young as the general population, with a 638 percent greater chance of dying from an alcohol-related disease, an 81 percent greater chance of being murdered, and a 91 percent greater chance of committing suicide.12 Native teens are fully three times as likely to kill themselves as are other teenagers.13

(Truly, a community without any children can be a dangerous and volatile place.)

At treaty councils individuals retained a right to withhold their x-marks, and many did.

wholesum allowed under this provision shall not exceed fourteen hundred dollars

excepting however from this provisionthose white persons who have made their own improvements, and not expelled the Creeks from theirs.

This does not mean that Congress has consistently wielded that power ethically or respectfully.

whether Indian tribal courts have criminal jurisdiction over non-Indians.” The Court, in a 6-to-2 decision, held that the Suquamish Indian Tribe could not criminally prosecute the non-Natives for crimes committed on the reservation.

. The Georgia state legislature voted to defy the writ and proceeded with the execution.

Creek families could also sell their land, which many, in dire economic straits, did.

Creeks sign a treaty splitting their land into individual allotments. [2]

They found it in possession of a people who had made small progress in agriculture or manufactures, and whose general employment was war, hunting, and fi shing

In October 2004, the BIA withheld checks or information about allotments to the allotment owners, telling them (falsely) that it was a result of the Cobell litigation.

In 2001, twenty tribes joined in the newly christened Native American Bank.

neglecting to give information thereof to the commanding officer ofthe nearest post of the United States, shall be considered as parties in such war, and bepunished accordingly

accountant

explain why you answered yes or no

The Court ruled that Congress had the right to abrogate existing treaties with tribes

Cherokee Nation – tribes are “domestic dependent nations”

They lacked any state license

annotations.

the United States failing to uphold treaty guarantees.

l into trouble. Our agent told me a short time ago that our civilized

When we got in, the soldiers told us we must give up our horses and arms,

Superintendent, won't you help us ? Won't you write to Washington right away and get us implements so we can go to work?

guardian wasso solicious for the welfare of the ward

subdivided into nearly twentydifferent nations, all speaking different languages,and each under its individual chiefs."

by the Indians from their ownrace

The mode of such trials to be hereafter fixed by the wise men of the United States in Congress assembled, with the assistance of such deputies of the Delaware nation,

whatever may be in their power for the accommodation of such troops,

That all offences or acts of hostilities by one, or either of the contracting parties against the other, be mutually forgiven, and buried in the depth of oblivion, never more to be had in remembrance.

potential downfalls might have been with the Okmulgee Constitution.

annotations.

Would a Native state be the best way to protect the territories and rights of Native residents of Indian Territory?

elaborate on why you selected your answer in the annotations.

Nations with small populations, like the Seminoles and Chickasaws, feared that they would be subjected to the power of more populous nations.

explain your choice in the annotations. In your opinion, did Native people help create the United States? Vote in the embedded poll below, or access the poll at this link.

In response to Pontiac’s Rebellion, officials in London issued the Proclamation of 1763, prohibiting further colonial settlement west of the Appalachian Mountains, reserving those lands exclusively for Natives. It also banned the sale of Native land to private individuals.

The claim here is that we should do unpleasant and unnecessary things to children now in order to prepare them for the fact that just such things will be done to them later.