112 Matching Annotations
  1. Dec 2020
    1. The United States may pass such laws on the subject of alienation and descent of property between the Indians and their descendants as may be thought proper

      This should not be within the US's purview.

    1. Lakota people did not view the massacre in the same way

      It's important to contrast their views from the U.S. narrative of events.

    1. at the discretion of the President of the United State

      This feels unfair to leave it to one individual's discretion.

    1. The Freedmen Roll is constituted of persons of African descent, most of them having some Cherokee blood, just the same as the “Cherokee by Blood” sec-tion, but their section was not recorded

      This is interesting to have conversations around mixed descendants, and that some mixed descendants are treated better than others in accordance to the old laws.

    1. They further agree that all freedmen who have been liberated by voluntary act of their former owners or by law, as well as all free colored persons who were in the country at the commencement of the rebellion, and are now residents therein

      It is interesting to note the willingness to have language that is more inclusive of freedman.

  2. Nov 2020
    1. We have always been very moved by the story of the plight of the Indian and we gave up the idea of adopting a child from abroad on the basis of ‘Let’s solve our own problem first.’ We feel that the American Indian owns this country by right and he has been pushed around and never given a break. In accepting the child, we feel we have done a little bit for the American Indian.” [29]

      It's like pity mixed with guilt. Sympathy rather then empathy. There is action, and then there is intention.

    2. As I write this letter, you are considering the prospect of building the hydrogen bomb, an instrument which is the potential killer of millions of people. Can you make such a decision in favor of that bomb which would cost millions when there are thousands of starving Indians in our Western states who look to their President for a mere fraction of that amount to save their future.

      The U.S. always has a trend for giving military number its top priority. And not even, a percentage, it takes up a majority of the U.S. holdings. Native lives aren't even on the list of priorities.

    1. the United States paying for their subsistence en route, and providing a reasonable amount of transportation for the sick and feeble.

      I don't think there has been a single time that the U.S. has ever followed this particular promise for Natives.

    1. copyright 2020

      These are very intense photos that speak of culture, poverty, and oppression. There is a lot of beauty, and there is a lot of pain, and they stand side-by-side.

    1. They wouldn’t let him come home, wasn’t an immediate relative.

      I hate how the way laws were made to separate familities.

    2. The unusual nameArtichoker is an Anglicized version of Ah Who Choe Ga.

      The Anglicized version didn't really give justice to the meaning of the name.

    1. assertion that the United States had frequently and unilaterally violated its hundreds of treaties with tribes was so pervasive that it had become an unquestioned truism among proponents of Indian right

      I suppose the United States would seem to default to violating these treaties, and to not do so would be apparently of great effort.

    1. comprehensive broadly-inclusive "American Indian Community Reconstruction Act"

      I feel like they should expand more on what is considered more comprehensive or more broadly-inclusive.

    1. ThethreeCommissionersdidnothavetheslightestideaoftheactualextentoftriballandsofanygrouptheymetwith.

      They could have learned prior, but they did not care to distinguish which group held which land. All were the same.

    2. Butcopiesofthetreatiesaresome-whatdifficulttofindinthemountainsofSenateandHouse'documentspublishedbytheGovernmentPrintingOffice,anditishopedthatthepresentpartial1/reprintingmaymaketheircontentsmorereadilyavailable

      I feel like back then, these records weren't considered value, and the preservation of these documents were underprioritized.

    1. College students, antiwar, Chicano, and African American activists lent their support

      Love the allyship.

    2. The Twenty Points did not make their way into the Nixon administration’s Indian policies

      A lot of Native-initiated policy never makes it up to presidential command. Where does it stop?

    3. independent of Federal control without being cut off from Federal concern and Federal support.

      This is an interesting way to put it, distinguishing control from concern and support.

    4. force

      At the end, it's use of force.

    5. At the conference’s end, the Declaration of Indian Purpose was not presented in person to President Kennedy.

      I wonder what led to this conclusion.

    6. The responses were extremely varied.

      It's interesting to note the diversity of responses. I feel like this is another pivotal x-mark moment.

    7. Although in theory termination was supposed to save the government money, it ended up costing much more

      Termination does not take in account the effort that needs to placed in transition.

    8. reorganized the tribe as a corporation

      Not sure what that would entail.

    9. a form of expulsion

      Native Americans were already expelled from a majority of their lands. Not sure if this means "integration" or minimizing reservation size any further.

    10. impulsive action, based on a desire to make amends but founded on superficial or inaccurate knowledge

      I suppose there is a kneejerk reaction to respond to guilt as quickly and painlessly as possible - in the sense that the less they have to think about it, the better.

    11. tribal sovereignty is centuries old

      It's interesting, because I feel you don't really think about sovereignty until you feel that the right to sovereignty is threatened or at-risk.

    1. kinship obligations were reinforced through chapter membership

      Kinship obligation is fascinating because it's contrary to American ideals of self-sufficiency.

    2. State officials developed signposts

      I think it's laughable that state officials believed they had the ability to make these "civility" signposts.

    1. Blood's utility has percolated as well within the efforts of those U.S. politicians who want to undermine tribal recognition authority.

      Because of how arbitrary blood is in terms of identity politics, it can be easily twisted to perform a number of different functions for any sorts of political motivations, good or bad or otherwise.

    2. iscegenation, pro-slavery, and anti-Native ideologies and political N agendas within colonial America for denying citizenship to nonwhites,

      The way blood is used in politics is rather arbitrary. Also, it poses for further justification to split races between solid lines, similar to how skin color and the shape of people's eyes are used, etc., etc.

    3. cies. Who has the right to iden- tify and be identified as an Indian, and so who has the juridical control over the management of membership criteria, are fundamental ques- tions of indigenous sovere

      Right, there isn't a universal qualification list for who is part of what race. We know our own.

    1. The United States further agree to establish at the general agency for the district of Puget's Sound,

      For all that the US aims for paternalism, they don't actually provide much services to the Native tribe. Definitely not to the same extent as their own citizens.

    2. The aforesaid tribes and bands acknowledge their dependence on the Government of the United States

      Continuing the pattern of paternalism the U.S. refuses to break today.

    3. on Puget's Sound, near the mouth of the She-nah-nam Creek, one mile west of the meridian line of the United States land survey, and a square tract containing two sections, or twelve hundred and eighty acres, lying on the south side of Commencement Bay;

      I wonder how they decided the borders for this land.

    1. Collier and his staff conceived of Native status as static, something that had to be protected from infiltration from other racial characteristics—white and Black.  <img src="https://images.squarespace-cdn.com/content/v1/570fe928c2ea518f457619ed/1603749070958-2CPUTCM9DAV2CFJM4LV3/ke17ZwdGBToddI8pDm48kJfeISIsgX9RzAflzl1ZpOpZw-zPPgdn4jUwVcJE1ZvWEtT5uBSRWt4vQZAgTJucoTqqXjS3CfNDSuuf31e0tVF9f4LloRy0g4gOubUm8hClS6JrSi1uJ7WgR1Cqx8dFLO87Nsj43NRAr6WuWZv5DKs/John_Collier_and_Chiefs.png" alt="John Collier and Blackfeet Chiefs, during meetings to discuss the IRA 1934" />

      This is a very different assumption than the ideals that were conveyed in our Great Migration reading. Honestly, certain Native tribes certainly embraced change more than the U.S.

    2. Collier also insisted that the Secretary of the Interior possess ultimate power over Native nations, so that any actions of tribal governments could be reviewed by the Secretary or his delegated administrators (the BIA and reservation superintendents) and would be subject to his approval. [7]

      As useful as it is to have an ally, there is a reason why an ally can't spearhead a movement. Rather, they'd be better off building a platform for those who don't have a platform in the current society. They have to step aside to let the people represent themselves, or it all becomes slightly misconstrued. Such as in this instance.

    3. John Collier

      I'm a little motivated to read up on John Collier because I'm interested in what were his influences to go against the tide of forced Native assimilation.

    4. They also sought to confirm fidelity within marriages by asking for names and ages of children in the household and confirming their parentage

      This is pretty invasive and also mildly traumatizing for the family.

    5. provoked controversies over the rights of the tribes to determine their own criteria for membership.  <img src="https://images.squarespace-cdn.com/content/v1/570fe928c2ea518f457619ed/1603746378213-8YVJU0FAUEP0APZJBD7H/ke17ZwdGBToddI8pDm48kI9wNMYAt2N8Oqjl4UhToOYUqsxRUqqbr1mOJYKfIPR7LoDQ9mXPOjoJoqy81S2I8N_N4V1vUb5AoIIIbLZhVYxCRW4BPu10St3TBAUQYVKc8kLlN9t5b84MFXUAT33hq_LTAKAorjIknt4-2QRwG17dq64TzUQWrPI6Jh7sLcqc/Rogers+Application.gif" alt="William Roger’s Application for Enrollment in the Cherokee Nation, 1908 (National Archives)" />

      I think one of the main problems here is that each tribe obviously has their own standard, but the feds were expecting something more homogenous because they inherently view all Natives as the same.

  3. Oct 2020
    1. If a woman is not safe, either emotionally or physically, it’s going to be difficult for her to participate in this system that’s going to hold her perpetrator accountable.

      This is an amazing perspective, and I feel both tribal law and U.S. law benefit from that. There have been many narratives where women have pulled away from cases out of fear or trauma.

    2. LGBT

      I am actually interested in what the LGBT community looks like for Native Americans.

    3. I would hope that Native women in their own communities could set up community forums, or discussions,

      I feel like they do, but they also don't have as many platforms to voice their opinions on the matters. Or be heard, really. I think providing those platforms are going to have to be one of the responsibilities allies must take.

    4. cannot prosecute a non- Native who commits an act of rape against one of their tribal citizens on Native land

      If it was a non-Native defendant and Native victim, I feel that U.S. laws will be biased towards the non-Native. Victims of rape are already face enough difficulty in trial, so the extra barrier must make it assuredly harder for non-Native victims of rape or sexual assault to win the trial. I wonder what the statistics are in terms of court cases.

    5. And then, of course, there’s the distance.

      That's something I didn't think of: distance. Federal prosecutors are centered else. Even though technology allows for long-distance communication, the victim or defendant may not necessarily have access to internet services.

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

      I think this is interesting as tribal laws differ among different tribes. I suppose that option is available if the crime occurred in a tribal reservation that the defendent was not a part of. Although this places more pressure on Natives to be aware of other tribal laws while non-Native Americans can simply be aware of state/federal law while disregarding tribal law.

    7. there was still, believe it or not, kind of an understanding that tribes had their own judicial systems and could handle things in their own right.

      Perhaps Congress wasn't motivated to handle smaller crimes that wouldn't make it past local news.

    8. settler- colonial society

      It's the first time I've heard this exact phrase, but it rings true.

    9. non- people;

      I feel like this ties with our other reading, which mentioned that Natives were viewed by Europeans as "uncolonizable," obstacles, people who needed to be erased rather than "reformed/civilized"

    1. Such schemes allow non-Indian settlers to own land on the reservation

      Just to clarify, that would mean the land these non-Indian settlers acquired would still count as reservation land? Or upon acquisition, it would become State property?

    2. For years, States have sought to suggest that allotments automatically ended reservations, and for years courts have rejected the argument.

      If the allotments are not reservations, as States suggested, then the promise of the original treaty is ultimately violated. It seems like the Creek Allotment Agreement was not an amendment of the prior treaty, but it's own additional pact that stands alongside it. Furthermore, there were still pre-existing town sites that were not individually owned on the reservation. Lastly, for the States to suggest this and dictate the relationship between the U.S. and Native tribes, would this not be overstepping their boundaries with federal powers?

    3. made the State’s courts the successors to the federal territorial courts’ sweeping authority to try Indians for crimes committed on reservations

      I don't think this would have been a successful argument as it would have set a precedent that would allow other States to act on behalf of the feds regarding federal crime.

    4. Once a federal reservation is established, only Congress can diminish or disestablish it

      It doesn't feel right without Native input, which there is about none in Congress. However, this also means that state powers are unable to make decisions regarding reservations coinciding with state lines.

    5. And this Court has already rejected the argument that allotments automatically ended reservations.

      I'm curious when Congress rejected this argument regarding allotments and reservations. Was it for a different case?

    1. the reality of Indian time on the move.

      I suppose that is one thing that is often miscontrued. People assume that Natives are simply striving to return to old ways, perhaps pre-colonial, but Natives are looking both ways, backwards and forwards. Time did not stand still for them.

    2. these characteristics are not the exclusive prop-erty of “white” people or the “West,”

      It is important not to put distinct borders between "white" and "Native" philosophies or ways of thinking. There are some great differences, but there are things that are shared, and the concern of which group founded these concepts first should be left alone.

    3. as promises of a new way of life

      I feel that Natives who signed these treaties were more approachable to change in general, and saw opportunities in some of these treaties.

    4. magical civilizing powers of private property

      I can see how incongruous this concept of private property, or rather private land, was to Natives who traveled among the Great Migration.

      I wonder, with our current border on reservations, how confined these tribes must have felt.

    5. As we can see in the story of the Great Migration, it produces difference: new communities, new peoples, new ways of living, new sacred foods, new stories, and new ceremonies. The old never dies; it just gets supplemented by the new, and one re-sult is diversity

      I think one thing that is remarkable about this concept is how gentle it is. It's a very kind perspective of change that understands difference and embraces it.

      In some ways, it feels like the antithesis to colonization. Colonization does not embrace the new or the old. It consolidates. It demands one is chosen over the over. It seeks competition across cultures.

    6. it signifies the political realities of the treaty era

      Before the treaty era, the x-mark had likely different implications. It had more direct intentions, but the treaty era muddled it.

    1. may be compatible with the general jurisdiction which Congress may think proper to exercise over them

      Essentially they operate under their own laws until the U.S. decides to intervene.

    2. and shall receive subsistence while upon the journey

      This was a part of the treaty that was severely neglected.

    3. An additional annuity of twelve thousand dollars shall be paid to the Creeks for the term of !ve years, and thereafter thesaid annuity shall be reduced to ten thousand dollars, and shall be paid for the term of !fteen years.

      This appears to be a very small compensation versus everything the Creeks are relinquishing for this treaty.

    1. emphasis was on restitution rather than on punishment

      To be honest, I feel like that is a better priority in judicial processes. Mainly because the focus is what can be given or provided to victims, rather than how much shall the other person be punished for punishment's sake.

    2. The extension of jurisdiction of Alabama laws into Creek land was therefore in part for the protection of white Alabamans

      Because of this perception of Natives being "uncivilized," the Alabamans forced their laws over the Creeks not only as an attempt to "civilize" them, but because they feared being under their "wild" laws.

    3. when it could not hold the title to the land

      Holding the title to the land is an arbitrary argument. A document can be procured by any person. But whether it is acknowledged by others is what is important, and as we learned in the previous week, Europe had no interest in acknowledging Native right to self-govern. However, we now know that European countries do not have the right to determine that. Self-determination is an established human right.

    4. The government officially recorded only 424 deaths along the way

      Was this deliberate foresight, or just a complete disregard of the many deaths that occured?

    5. Of the 14,000 Choctaws who left Mississippi, 2,500 people died in the move.

      Although a treaty was signed, for these Choctaw migrants, it is important to acknowledge that this is still a form of forced displacement, especially when Eaton made use of threats during negotiations.

    6. it in effect ceded all of their land to the United States, legalizing white encroachment

      I recognize how individual allotment weakens the protection of tribal land. Through individual allotment, you erase the distinct border between territories. When encroaching past the territory border, the entire tribe or nation responds. But when encroaching on the border of a parcel of private land, it becomes the sole responsibility of the single family that owns it.

    7. the remaining members of the council that if they did not agree to remove, the president would declare war on them

      It is interesting that Eaton waited until a majority of the Choctaws left. How differently could the Choctaws respond to this threat as a full audience?

    8. women traditionally controlled the land

      It sounds like Choctaw women have more of a definitive leadership role than U.S. women did in society. It makes sense that, if men are traditionally warriors that are away from home, that women would be the most familiar with the state of affairs of their land.

    1. The government, as a trustee of Indian funds, should be able to account for how it handles that mone

      It's should be time to eliminate the government's role as a trustee, and let Native Americans handle their own funds.

    2. Anything left over after allotment was declared “surplus,”and opened up to states, railroads, and homesteaders.

      Rather than leftover, it seems just like a quiet seizure of "unclaimed" land. This is a huge grievance.

    3. Today, twenty-six tribes participate in the bank, which has assets of $82 million, and provides financing across Indian country

      I didn't think about how Native tribes manage money, but now I see how important it is that they seize control of their of their own financial services.

    4. Bureau of Indian Affairs (BIA) management of their land.

      It's good to hear some more Native perspective on the BIA. Our previous readings have mentioned them, but haven't expanded on their relationship with Native tribes.

    1. racial apartheid laws

      When we think of apartheid, we think of S. Africa, but the Native apartheid in the U.S. is so well-hidden it's disturbing.

    2. relied upon frequently and without any form of discomfort, embarrassment, or even qualifi cation as governing the Indian rights decisions of the present- day Supreme Court justices

      I really dislike how hard it is in our current justice system to dismantle previous precedents set in law, especially ones as old and antiquated as these.

    3. states have an obligation to recognize and protect indigenous peoples’ cultural survival and the prop-erty rights

      I actually would like to know the unfolding process for international human rights bodies to actually begin acknowledging that. This is pretty monumental!

    4. European Law of Nations, recognized this foundational principle of white racial superiority and applied it to the entire North American continent

      So, Europe would rather acknowledge an upstart Britain offshoot as soveriegn to North America than its original inhabitants.

    5. “like all myths of origin,”

      I feel like they are kind of worshipping this book like some sort of religious scripture. Something that is too divine to be questioned.

    6. white racial identity

      This is such a strangely-bound concept that still hounds the US today. For me, it seems like white racial identity has been constructive on negatives. By that, I mean, "not Indian," "not Black," "not savages." It is so focused on what they can exclude rather than what they can include in this identity.

    1. contracting parties shall use their utmostendeavours to maintain the peace given as aforesaid, and friendship re-established

      Many treaties have the error of sounding perfect on paper, but have the issue of never being concrete. Moralistic, but not ambitious enough.

    2. That the Indians may have full confidence in the justice of the United Statesrespecting their interests,

      If they were serious about maintaining that full confidence, this treaty would have expanded the means that US would ensure their promises among generations.

    1. “Citizenizing” indigenous people was a complex and multivalent task, requiring the deconstruction of Native languages, religions, cultures, and family structures. This process of “citizenizing” was undergirded by a threat of violence if Native people did not comply.

      I feel like this is an example of paternalism.

    2. had no choice but to recognize the tribes’ independence

      The English still inherently practiced the "doctrine of discovery," so recognizing tribal independence was only done out of political strategem against the colonies. If somebody was to try to compare English-Native relationships and US-Native relationships, the English and US are both pretty horrible.

    3. trust relationship

      Being phrased "trust" relationship becomes much more bitter when the Natives can't afford to trust the US and the US has no intention of being worthy of trust.

    4. They began to enact laws that brought state civil and criminal jurisdiction into tribal land.

      Because they consider the Natives to be uncivilized, these Southern states probably supposed they could easily place their laws to "civilize" them and the land they were home to.

    5. Walmart is the second largest

      I looked up briefly "Walmart and Native Americans" on google, and also saw a number of articles describing an antagonistic relationship both in the past and recently. Not sure if this is a pattern along with BIA's relationship with Native Americans.

    6. It manages land

      I feel like it would be more indicative if the respective tribe manages the land instead of the Bureau.

    1. continuing rights of tribal nations,

      The Sequoyah Constution was a last-ditch attempt to protect the rights of their people to be seen as, well, simply people under the eyes of the U.S. laws, with certain rights given to them as people. Previous US interaction had them depicted and acted upon as practically non-humans. The Oklahoma Constitution goes a step further - it acknowledges them as a people, unified, with a cultural identity and a defined homeland.

    2. Statehood merely provided anew political adversary for the Five Tribes to serve as an obstacle as they began theirslow recovery, and eventual reorganization.

      I suppose the interpretation is that the state of Oklahoma's interests would always conflict with tribal self-governance as something that simultaneously existed on the land. But the Five Tribes did exist otherwise, and that is more than what was stipulated to many other Native tribes.

    3. "Five Tribes shall continue in full force and effect.

      I wonder what motivated Congress to intervene.

    4. is the story of the State of Sequoyahmovement,

      I'll repeat this over again and again, but I am in awe at the gaping holes in my American-led education. I never heard of this until now, but it feels essential for me to know in this time and place.

    1. ight in a peaceable manner,

      This is so hard, because some governments really try to purposely miscontrue peaceful protest for riots to justify squashing them. I really dislike the ambiguity behind, "peaceful" that makes it so easy to be taken advantage of.

    2. That all political power is inherent in the people,

      This is one thing that many governments have forgotten - their authority is their people.

    3. p our horses and arms, which we did. Then the soldiers arrested thirty-one of our peo-ple a

      Literally seize and capture. There was no reason to escalate.

    4. This is the first time 1 ever was here attending Council

      It's nice to hear a genuine approach to political discouse. Vulnerability shouldn't be considered a weakness.

    5. We do not want the land to be taken from our children.

      George Washington (Sho-ee-tat) of the Caddos appears to be appealing to the U.S. by trying to show how alike the Caddos are to the U.S. now, that they are trying to meet their strange standards of "civilized" to protect their place on the land. It is a protective act by him, a type of assimilation he urges his people to do so out of fear.

    6. George Washington,

      Note to self: not George Washington of the U.S. Revolutionary Army. This is George Washington of the Whitebeard Caddo band, a different person.

    1. , and the rights of citizens of the UnitedStates

      The rights that US citizens fear to lose in this case are not human rights. They are afraid of losing their privilege.

    2. ard off for a longperiod the extinction of their nationalitie

      The fear of extinction of nationalities, identities, presence...all signs of American imperialism encroaching onto others.

    3. why those who would deny the Indian any rightsat all, should for the purpose of forwarding their ownplans for plundering them

      This is a part of history that is constantly ignored in American education, personal intent. The American education system would frame these plunderers are selfless and advocates of freedom, when other perspectives would consider them to be advocates of tyranny and greed.

    1. judges or juries of both parties,

      Strange that both parties would be involved. I would think that where or to whom the offender committed the crime would define which party would judge, rather than a joint party. These are two different parties with two different set of law after all.

    1. elaborate

      It would have depended on the number of tribes that would have participated in it, and it would have to depend on ther relationships those tribes would have with one another.

    2. elaborate

      The US said it would afford respect to the Natives as separate nations, but did not consider them as a "nation" by their definition. The promise would likely have been to consolidate enough power so that the US would have no choice but to reconsider those definitions.

    3. Map of the Indian and Oklahoma Territories, 1892

      This reminds me of the new Supreme Court ruling that half of the land in the state borders of Oklahoma are within a Native reservation. I hope this is something we can discuss in the future for this course.

    4. it was also recognized that Natives occupied the land

      It sounds like the US considered itself landlord, and respective Native tribes simply tenants they had the right to evict.

    5. The treaty guaranteed the Delawares’ title to the land,

      Paper treaties and the enactment of it are two very different things.

    6. In 1776, white land speculators from Virginia declared independence from Britain and adopted a state constitution which nullified the Proclamation of 1763.

      When you put in perspective the landowning interests of some of the key members of the Revolutionary War, I am jarred by this new image, which challenges the perspectives I was given as a child in the American primary education system. It no longer feels like a story of freedom, it feels like a story of greed.

    7. British forces fought back and established peace with the different tribes.

      What do the British forces consider as "peace?" What does each tribe consider to be "peace?" Was it simply peace for for some moreso than others? I feel like history describes peace in light terms... a period without warfare. However, the word is used for some dynamic situations, and in this case, peace simply feels like the establishment of a new status quo, where winners prevail and losers are silenced.

    1. The things that grades make kids do are heartbreaking for an educator

      I think with students perceiving academic success correlates significantly with financial success, or for some, social success on a competitive level, leads to some destructive behavior. Genuine curiosity when these other motivations bury them.

    2. They remind us just how long it’s been clear there’s something wrong with what we’re doing as well as just how little progress we’ve made in acting on that realization.

      I haven't read the rest of the article, but I think a part of American society leans to quantifying and ranking success. Perhaps this is a side effect of capitalism, where the numeric accumulation of wealth is indicative of personal success. Similarly, an "A" is the gold standard of academic success.

      So, to conclude, our progress is likely slow because our current grading system is reflective of our socio-economic structure, which ties with education. After all, most people go to college to earn more money.