America’s Indigenous People and the Use of Treaties as a Tool of Colonialism

1. America’s Indigenous People and the Use of Treaties as a Tool of Colonialism Benjamin's West's William Penn's Treaty with the Indians, painted in 1771

2. At the time of Contact with Europeans in AD 1492, there were more than 10,000,000 Native Americans. In 1892 there were fewer than 250,000. Most were killed by epidemic diseases, not warfare. An early image of Native American with smallpox Contemporary work by Jaune Quick-to-See Smith, with smallpox in second row on paper dolls

3. Most Americans also believe that Indians are pretty much dead and gone. They aren’t. There are now 568 federally recognized tribes and more seeking recognition. In the last census, nearly 2,800,000 identified themselves as Indian. Picking up the frozen bodies at Wounded Knee The Mass Grave at Wounded knee

4. Many Americans believe the Indian tribes were conquered. They also believe that manipulating treaties was a legitimate method of conquest.

5. Yes, bad things did happen in the past, but that was a long time ago. Why can’t Indians just move on?

6. Why not? The history of events is too recent. Wounded Knee happened 118 years ago. The famous Apache warrior Geronimo surrendered in 1886 and appeared at the Louisiana Purchase Exposition in 1904 in St. Louis where he sold Geronimo souvenirs. He rode in President Theodore Roosevelt's 1905 inaugural parade, 103 years ago. In 2003, Residents of Redwood Falls, MN refused to allow the Dakota to take over management of the Lower Sioux Agency Historic Site, where Indians killed many non-Indians in the Dakota Uprising of 1862. Markers still show where their bodies fell in the fields and along the roads. The Mass Grave at Wounded knee today

7. Why can’t Indians just be like other Americans? Yankton (Sioux) delegation in Washington, DC circa 1912 “The Light” goes to Washington-George Catlin, 1832 Navajo Man Transformed by Carlisle Indian School

8. Because disease had killed many people, some non-Indians thought the land was empty and theirs for the taking, something they believe that their God had ordained. They wanted Indian lands, so they needed ways to take it.

9. Some Indians think they made a mistake by even letting Europeans come! Let alone, trying to get along with them.

10. Treaties were one method they used. A Question of Sovereignty

11. What are Treaties? A treaty is an agreement under international law entered into by actors in international law, such as states and international organizations. A Treaty may also be known as: (international) agreement, protocol, covenant, convention, exchange of letters, exchange of notes, or a memorandum of understanding. All of these international agreements under international law are equally treaties and the rules are the same. Treaties are like contracts where groups agree to assume certain obligations; if they fail to meet obligations, they may be held liable under international law. An early treaty signed by President James Buchanan in 1855 with tribes in the state of Washington Read the Wikipedia entry on treaties

12. Why do nations make treaties? Governments write treaties for many different reasons: • In order to prevent war over disputed areas. • In order to gain ownership of an area of land. • In order to gain access to resources in a given area. • Almost anything of a shared concern or interest between nations.

13. For and against use of treaties • For • Can be used in order to avoid major conflicts that could lead to war. • Can help protect the rights of one or both parties, by getting an agreement in writing. • Against • If not written clearly, misunderstandings can lead to further disagreements. • Could be used to take advantage of other group.

14. Governments can use treaties as tools of conquest and colonialism.

15. Indians who are enrolled members of federally recognized tribes are actually “super-citizens.” Why? Because of treaties their ancestors signed with the US government

16. This leads to stereotyping and resentment from non-Indians who think that Indians are getting a “free-ride.” They aren’t. They are getting what the treaties promised their ancestors.

17. Treaties and Indians The United States Constitution Article II, Section 2,Clause 2: “He [the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;”

18. The United States Constitution: Article VI “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.” Interpretation: Thus, When the U.S. becomes a party to a treaty, Article VI of the U.S. Constitution mandates that the treaty becomes an extension of federal law -- "the supreme Law of the Land." There are no exceptions, and no officer of the U.S. has the power to nullify any treaty that has been ratified by the U.S.

19. Some facts about treaties • Any country can unilaterally abrogate a treaty to which it is a party. • Congress can abrogate any treaty to which the United States is a party. • When treaties are broken, they are not rescinded. • Only a subsequent treaty or agreement can relieve the signatory parties of the original treaty. • Time or age does not invalidate a treaty. • Unilaterally breaking treaties reflects very badly on a government by demonstrating that their laws have no validity.

20. What the Supreme Court has said about treaties with Indians • Treaties were made between sovereign governments. • Treaties are to be construed as a grant of rights from the Indians, not to them—and a reservation of those not granted. • Treaties are to be interpreted as the tribes would have understood them at the time of the negotiations. • Any ambiguities are to be construed in favor of the tribes. • Treaties were made with tribes, not individuals. Therefore rights reserved (hunting, fishing, etc.) by tribes are maintained as a government would do.

21. US Government Treaties with Indians The United States government made more than 370 with Native American tribes All of the treaties were broken. Not one was broken by Indians until after the government broke it. Not one was ever rescinded by Congress. All of them are still in effect: “…so long as the grass grows and the rivers flow.”Ft. Laramie Treaty, 1868

22. The Ft. Laramie Treaty of 1868 TREATY WITH THE SIOUX - BRULÉ, OGLALA, MINICONJOU, YANKTONAI, HUNKPAPA, BLACKFEET, CUTHEAD, TWO KETTLE, SANS ARCS, AND SANTEE - AND ARAPAHO

23. A guarantee of land

24. Friends and Brothers - By permission of the Great Spirit above, and the voice of the people, I have been made President of the United States, and now speak to you as your Father and friend, and request you to listen. Your warriors have known me long You know I love my white and red children, and always speak with a straight, and not with a forked tongue; that I have always told you the truth. I now speak to you, as my children, in the language of truth-Listen. Where you now are, you and my white children are too near to each other to live in harmony and peace. Your game is destroyed, and many of your people will not work and till the earth. Beyond the great River Mississippi, where apart of your nation has gone, your Father has provided a country large enough for all of you, and he advises you to remove to it. There your white brothers will not trouble you; they will have no claim to the land, and you can live upon it you and all your children, as long as the grass grows or the water runs, in peace and plenty. It will be yours forever. For the improvements in the country where you now live, and for all the stock which you cannot take with you, your Father will pay you a fair price. Where you now live, your white brothers have always claimed the land. The land beyond the Mississippi belongs to the President and to no one else; and he will give it to you for forever.... President Andrew Jackson to the Muscogee (Creek)

25. Forever lasted about 50 years…

26. Custer’s Black Hills Expedition, 1874 Forever lasted 6 years!

27. He sapa ‘The heart of everything that is’ Paha sapa — the Black Hills Current claim value: $712,404,323

28. Sovereignty and Authenticity: A Lakota Case

29. The Lakota Freedom Delegation is the powerful realization of an ongoing process lasting no less than 33 years.  Despite criticism the Delegation does not speak for the Lakota people, Delegation representatives have been in ongoing communication with the traditional chiefs and treaty councils all across Lakota. With this in mind, the Delegation does not act for Colonized or “hang around the fort indians”, and/or other Lakota people unwilling to be free. In 1974, the first International TREATY Conference at Wakpala on the Standing Rock Sioux Indian reservation in what is now called South Dakota was where the Declaration of Continuing Independence was created.  The first mandate was to become recognized by the International Communities, September 2007, when the United Nations passed the Declaration of Indigenous Rights. The second mandate is to return to our original status as free and Independent Nations.  On December 17, 2007, Lakota notified the Department of State of the United States of America, we are unilaterally withdrawing from all Treaties and Agreements entered into between the United States of America and Lakota. http://www.republicoflakotah.com/

31. A Declaration of Independence Mni yuha Najin Win (Phyllis Young) and Oyate Wacinyapin (Russell Means) at December 19, 2007 Press Conference Teghiya Kte (Gary Rowland) speaks at Press Conference

32. TO:       The United States of America; The States of:  Montana, Wyoming, North Dakota, South Dakota and Nebraska;  The County and Municipal Governments Operating within the Republic of Lakotah; and All  Private Owners of Real Estate within the Republic of Lakotah Lakotah, through its government, have appointed representatives to withdraw from all the treaties with the United States of America. Lakotah, through such representatives, have formally withdrawn from all agreements and treaties with the United States of America.  The reinstitution of our freedom and independence is found in law. Lakotah has reclaimed sovereignty as a nation and over its traditional lands. Despite many years of repeated bad faith on the part of the United States government towards the Lakotah People, the Lakotah hold no animosity toward the American people, most of whom have had no part in the actions of their government.  We wish to deal with the American people in good faith and in a win-win manner. While we have the right to impose liens on all of the real estate in our country, we prefer to come to resolutions with you all with out resorting to such measures.  Accordingly, at this time, we are only declaring liens on real estate held by governments foreign to the Republic of Lakotah, but not on real estate held by private parties. The Declaration of Independence, the Constitution of the United States of America and the Vienna Convention on the Law of Treaties substantiate this freedom.  Lakotah welcomes the opportunity to meet and discuss this matter.  We are in the process of scheduling meetings and will issue public invitations.  Should you desire input with regard to scheduling these meetings, please contact us at the above. Russell Means, Chief FacilitatorProvisional GovernmentRepublic of Lakotah

33. Many Americans would like Indians to give up all treaty rights. Should Indians be pressured into giving up these rights for which their ancestors and often they themselves have paid so dearly?