The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths, as herein contemplated, and that such appropriations shall be made from time to time, on the estimate of the Secretary of the Interior, as will be sufficient to employ such persons
in THEORY this is a great starting point but i've learned not to get my hopes up when it comes to these treaties
and the United States agrees that for every thirty children between said ages, who can be induced or compelled to attend school, a house shall be provided, and a teacher competent to teach the elementary branches of an English education shall be furnished, who will reside among said Indians and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for not less than twenty years.
I really hope the US kept their end of the bargain in this case
The United States agrees that the agent for said Indians shall in the future make his home at the agency building;
agent? as in one person for an entire reservation? cant be serious
spewing 1,100 tons of radioactive waste into the Rio Puerco River. A radioactive “flash flood” moved mill water and waste downstream.
This needs way more recognition. radioactive waste has consequences for decades after
s. The power plant at Four Corners produced smoke which blackened the sky and Navajo lambs were stunted and many died.
so many negative side effects of course many would be against it
Economic development
from last weeks reading I would have definitely said economic development but the amount of exploitation they have gone through for water and power that they do not even get to benefit from is insane
Young activists increasingly viewed energy development as a form of exploitation, a manifestation of internal colonialism
which honestly seems so true
two claims demanding compensation for the losses incurred by their families as a result of the massacre.
I wonder if they ever received this compensation even though it doesnt even begin to cover the lives that were lost
Native men tried to retrieve their weapons as soldiers opened fire on the encampment.
and they have the audacity to call Natives savages this is barbaric behaviour on the US part
As a result of a miscommunication and a scuffle, Crazy Horse was killed while he was being arrested by the a government agent.
how convenient and vague
It banned Americans from entering Lakota land without permission, precluded any further land sales without agreement from three quarters of Lakota males, and recognized a massive stretch of the northern Great Plains as belonging to the Lakotas.
Im surprised to hear this. also I wonder why specifically the men? it was interesting to see how through the weeks and years tribes became less and less matriarcal
Rather than investing their energies into building a stronger Osage Nation, these annuitants focused their efforts on questioning its potential as a threat to the Mineral Estate
answered a lot for me. Even though its a waste of potential, its understandable they are trying to keep what has been taken from them many times before
with 51.6 per-cent voting for option A and 48.40 percent voting for option B. It was clear from these results that the Osage were not united around a bicam-eral system of governance.
reminds me of the elections this year and how we dont realize how split the country has become
I would like it to have a three-branch system of government like the United States has, with a judicial, a legislative, and an executive. That way they can have checks and balances; no individual’s power running things. Even in the old Osage ways they used to have leadership from the different groups, the earth people and the sky people. . . . I would like to see an executive carrying out the laws of the nation and [a] legislative that is not micromanaging but is looking at the laws and policies of a nation. Of course, [I would like] an independent court sys-tem, independent of politics, that has review over both of the other branches to see if they’re acting constitutionally.33
This seems like a very well thought out and fair statement put together
convinced that change was motivated by greed for their annuity checks.
For a people who have gone through many disastrous changes I could see how they would have reservations about this especially the older generations
The meeting at Grayhorse was hardly the first time during the 2004–6 reform process that an ogrc community meeting had been derailed over issues relating to the Osage Mineral Estate. A majority of the community meetings were spent on the topic of the Mineral Estate, with the com-missioners repeatedly assuring those in attendance that their headrights were protected by the legislation itself.
I wonder how many hours these meetings would go on with no progress in sight
The Osage eventually paid the fbI to investigate the murders of sixty Osage,
this is incredulous. the government talks about how much jurisdiction they have over Native nations yet in this case the people had to pay for murders to be solved?
his money also divided the Osage Nation, as a growing percentage of Osage descendants were disenfranchised and began fighting for equal voting rights through organizations such as the Osage Nation Organization.
I wonder if the government knew this would happen and was part of the intention
monies produced from the Mineral Estate, and, when he turned twenty-one, a vote in Osage elections.8 His two brothers, who were born after the 1907 cut-off date, received nothing and had no voice in the government.
this hardly seems fair
when required by the President of the United States shall make a report of the application of those funds and he shall at all times have the right if t.he funds have been misapplied to correct any abuses of them and direct the manner of their application for the purposes for which they were intended.
It seems as though a loophole and a vague way for the government to control the funds
Cherokees to their new homes and to subsist them one year after their States. · arrival there and that a sufficient number of steamboats and baggagewagonsshall be furnished to remove them comfortably, and so as not to endanger their health, and that a physician well supplied with medicines shall accompany each detachment of emigrants removed by the Government. Such persons and .families as in the opinion of the emigrating agent are capable of subsisting and removing themselves shall be permitted to do so; and they shall be allowed in full for all claims for the same twenty dollars for each member of their family; and in lieu of their one year's rations they shall be paid the sum of thir
Even though this is heinous to begin with, it is interesting that the government is offering way more services for "removals" compared to previous treaties where they would state things such as removed by force if necessary and so on.
United States shall always have the right to make and establish such Right to establish post and military roads and forts in any part of the Cherokee country,.forts, etc. as they may deem proper for the interest and protection of the same
This isnt even about south of the mississippi if im understanding correctly its about the entire Navajo nation.
the n1te. d Sta es a t e lands owne d l d or possessed b y t hemall theirlands east c a1me the Mississippi. east o:f the Mississippi river, and hereby release all their claims upon the United States for spoliations of every kind
The fact that they only wanted to acquire this land for 5 million is very demeaning
s loans. All Seminole citizens enjoy free lifelong educational access and universal health insurance.
This is great to hear!
that authorizes tax-free cigarette sales and high-stakes gaming on reservations.
non-natives need to realize that this was one of the only largely scaled ways for Natives to economically prosper and it effected their society as well. I read an article about how since these casinos were established gambling and drinking among Natives have skyrocketed and it has come with its own disadvantages
However, the power of tribes to sue states was ultimately ruled unconstitutional in 1996.
how is that even unconstitutional??
in order to operate Class III games, they have to negotiate a good-faith agreement with the state they’re in. These agreements are usually called compacts, and each side has to get something in these compacts.
I remember in a sociology class that I took that the government encourages more of class III games as its revenue is shared between the government and for their lack of activity the state benefits way too much from it
Native people working with the OEO tapped into statistics which emphasized Native peoples’ extreme poverty
I think this is really important. Bringing up statistics usually legitimizes one argument more and I feel it would provide more traction for the cause
One of the most significant effects of the OEO and Community Action was that tribal governments gained more legitimacy in the eyes of non-Natives, serving as a catalyst for political revitalization and self-determination movements in the 1970s.
Im glad at least one of these government agencies had a positive effect on Native society
Native people cited history as justification for their rights to such resources.
how ignorant do you have to be to call any economic assets Native receive as unfair? The amount of hostility that they've had to deal with throughout history and injustice the economic benefits they are currently receiving pales in comparison to what they should be getting.
But it was a misapplication because, previous to that, the tribal court had already ruled that the council did not have the authority to add requirements to constitutional provisions.
so basically using the doctrine when its in their best interest and ignoring laws that have already been established
when you look at the paper-work, you find that the Freedmen are inextricably intertwined in the Cherokee Nation. What we have done, we have basically cut off an arm of our nation, and I believe that in so doing we face the possibility of a national hemorrhage, because once you start chopping pieces of yourself away, what part is next?
This is very well said. I feel like deeming Natives only by their physical features are among the things that colonization has programmed into even their own society and can be used to cut down the number of people who can embrace their culture
he Freedmen case was finally decided on August 30, 2017. The ruling was in favor of the Freedmen descendants, who are now able to regis-ter as citizens of the Cherokee Nation
2017?? only 3 years ago? thats such a long time to fight for something that should be easy
ongress created a new census of the Five Civilized Tribe
Five "civilized" tribes?? I'm sure there were more use of racist and degrading criteria involved
paying any tax thereon which is now or may be levied by the United States on the quantity sold outside of the Indian Territory.
Always trying to maximize profits
Hair, teeth, and skin color did nothing to help maintain their community in a society full of racial stereotypes; rather, the key to their identity was community residence, kin, ties, and faithfulness to the tribe’s social values and institutions
yess
even going so far as to provide hospital staff with a list of names so they would know who to turn away
this is just absurd
with no trace of the blood of another race, except that a person with one-sixteenth of the American Indian, if there is no other race mixture, may be classed as white.”
how could they accurately even find lineage data that far back?
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. As they rejected relationships with Blacks, Pamunkeys encouraged intermarriage with people from other Native communities
this is sad to see. from the influence of the virginians a group of people had no problem with interracial marriage came to the point where it became taboo
the ways in which someone’s “blood quantum” was determined by those who made up those rolls was not at all precise
not even surprised. using this as a metric is just wrong in the first place
Now Cherokee fought Cherokee. The war reduced their numbers from 22,000 to 15,000, more than a quarter of their people.
This is so frustrating. Even internalized conflict is stemmed from getting involved in US affairs
to promote nationalist feelings among other “full-blood” Cherokees and to oppose what they saw as assimilationist tendencies of mixed-race Cherokees
I dont know how to feel about this society it seems as they were thinking more in the way of pure blooded rather than full. many mixed or half people have a hard time embracing their culture and this kind of makes it seem like they are not welcome into their heritage and treated as outsiders
She explains the “survival strategy” of tribes in the Southeast to turn to slave holding as a way of demonstrating their “civilization” and right to remain on their lands. However, she notes, this “survival strategy” came at the expense of Black human rights and the kinship bonds that had been formed among Black and Native people. (Watch from 13:30 to 25:00, unless you want to watch the whole thing!)
Its definitely was a survival strategy as colonization forced their backs into a corner however taking into consideration black human rights it is still unjustifiable
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these pictures show how beautiful their culture is yet how harsh and devastating their surroundings are. Reading about it is one thing but it really is true when they say a picture is worth a thousand words
Navaho childr e n stan ding outsid e the door- p r es enting· th e mselves as new pupils. Oft en these c hildren have walked man)' miles across the mo
this is so sad. for someone to go through so much to ask for an education yet not even be able to receive the bare minimum
e main thlngs that hold back develop-ment of the N avaho1. 1n ·this area as large as West Virginia, there are only 150 mites of paved roads. Most of the rest are nothing but glorified ruts.
this reminded me of the last reading where she stated it took her 11 hours to drive because of lack of efficient public transportation
Water is perhaps the greatest need of the Reservation. The 15iggest proposal in the 10-year-plan submitted by lhe local Navajo Serv-ice is the Shiprock Project. This a an $80,-000,000 irrigation project which would bring 117,000 now dry acrea under cultivation.
its hard to think about how one of the most basic things we take for granted is such a big issue in their society
old age pension and social security bene-fits ( though when employed, the Indian pays social security taxes the same as anyone else).
this is baffling. they need to pay taxes for something they aren't able to even benefit from or included in??
iii It the fault of the Navabos
Here yet again. cant blame them, it is not their fault, and such has been used multiple times in 3 paragraphs. it doesn't sit right how helpless and defenseless they are making Natives out to be to sell whatever they are selling
em have never had a chance to le.am ·to are poor. Living in a semid-rt area without read and write, or to speak Enall.sb-Since 1938, irrigation for farming, their principal occu-not a aing)e new clauroom bu been added to pation Ls sheep raising. Over the years, u their their school syatem-althou,h the po11ulatlon populatiol) increued and the henl.s of sheep bu increased by ten thouaand in that time. greatly increued, the land began to erode. Instead, they have 1~ many schools, cloied The top soil was washed off and wu swept and abandoned by the GoverninenL Most were down into the Colorado River, where it started closed because of cuts in Congressional appro-to back up against Boulder Dam. To stop this -. 17_ /f
Im glad that this article is spreading awareness, however I just cant get passed the wording that they are using. it really is a great example of how Natives are seen to have "plight" compared to issues in the case of other minorities.
r each person entitled to the beneficial effects of this treaty shall be annually appropriated for a period of ten years, for each person who engages in farming or mechanical pursuits, to be used by the Commissioner of Indian Affairs in the purchase of such articles as from time to time the condition and necessities of the Indians may indicate May be changed. to be proper; and if within the ten years at any time it shall appear that the amount of money needed for clothing, under the article, can be a:ppropriated to better uses for the Indians named herein, the Commissioner of Indian Affairs may change the appropriation to other purposes, but in no event shall the amount of this appropriation be withdrawn or discontinued for the period named, provided they t ~J'a'lu~:~~fg%g!-remain at peace. And the President shall annually detail an officer of eic. ' the Army to be present and attest the delivery of all the goods herein named to the Indians, and he shall inspect and report on the quantity and quaUty of the goods and the manner of their delivery.
first time seeing monetary compensation to individuals so far in the treaties we've covered
Thfl President may at any time order a survey of the reservation, and when so surveyed, Congress shall provide for protecting the rights of said settlers in their improvements, and mav fix the character of the title held by each.
I wonder if such a thing was actually ever ordered by the president
not to cost exceeding three thousand dolJars; a carpentershop and blacksmith-shop, not to cost exceeding one thousand dollars ·each; 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.
it would be interesting to see how much 3000 dollars was worth in todays money and how much these institutions were valued at
to admit among them; and the United States agrees that no persons except those herein so authorized to do, and except such officers, soldiers, agents, and employes of the Government, or of the Indians, as may be authorized to enter upon Indian reservations in discharge of duties imposed by law, or the orders of the President, shall ever be permitted to pass over, settle upon, or reside in, the territory described in this article. Buildings to be ARTICLE 3. The United States agrees to caus
Im confused did that mean that government workers and soldiers could reside in these communities with how this is worded?
The allegations included failure to provide women with necessary information regarding sterilization; use of coercion to get signatures on consent forms; improper consent forms; and lack of an appropriate waiting period between the signing of the consent form and performing the surgical procedure.
this is just so disturbing to say the least
removed Native children from their families on claims of neglect.
this is so hypocritical. it seemed that the authorities were zooming in on Native families as a lot of times in society children who do need to be taken into foster care are not because of excuses
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.”
imagine being a foster child and struggling with that alone yet having to see racial bias even when getting placed into a home
was established in 1966
I wonder if there were such schools before 1960s. it seems sad if it was just starting then
From 1947 to 2000, the Indian Student Placement Program (ISPP) placed an estimated 30,000 to 50,000 Navajos (and some other Native children) with LDS families for at least nine months of each year while the children attended local schools in Mormon communities. The program fulfilled both Mormon goals and (imperfectly filled) the needs of some Navajo families who lacked adequate educational opportunities in their own communities. (More on the Navajo perspective below.)
this just doesnt seem right. it reminds me of what Australians did to young aboriginal children and taking them away from their families and putting them in white settings for forced assimilation
“These Indians are our responsibility--we took every thing away from them and pushed them out on reservations so arid that it takes 10 acres to graze one sheep, and expect them to eke out an existence…Now I do not know to whom to appeal for help, but it should be forthcoming. We have sent millions to Europe to feed the destitute and now we should send aid to our fellow Americans who are just as hungary [sic] and cold as they are in Europe. Besides they are our responsibility.”
this is so understated. even in todays society America acts like its interference in other countries its is role as the savior however it needs to do well enough to save its own people first
d asked why so much American money was being sent to Europe when there were Native people suffering within the US.
great question!
This narrative of Native history is very misleading—they almost frame rations distributed by federal agents as something that the government “undertook” as a measure of kindness—not as a result of completely cutting people off from their sources of subsistence and resources
mind boggling! as if people should be grateful for scraps when their growth was stunted by the same government whos now acting like their savior
The Meriam Report exposed the deplorable conditions many under which many Native people were living. However, it is not a neutral document. At times, the desire to expose real suffering and hardship butts up against a paternalistic tone. When I read this I was uncomfortable—and I think it is because although it doesn’t necessarily “mean” to, it robs Native people of agency. Here’s an example:
This is a gret example of how scientific findings and data might be unbiased but the gatherer and writer of the data can certainly distribute it in a biased tone. many use this method as a way to politicise raw data
but her mother “always had some way of payingoff somebody
this! how can this even be allowed.. the number of children who probably couldnt turn to anybody because of loopholes like this is so disheartening
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.”
Ive rarely heard of counseling for the abuser, and in a way its very impressive why keep trying to bandage up the aftermath when you can start fixing the root of the problem
Why in the heck as Indian people we’re defending a country that tried towipe us off the face of the earth. I still don’t get it.” Her father’s own militaryservice “wasn’t necessarily the best experience in the world for him as a tribalman, getting called ‘Chief’ and all of that, [but] he’ll still defend the flag andthe country.
For many it is seen as the only plausible option as the military advertises a lot of incentives that most dont dream about getting in a lifetime but theres always a catch
I wasalways angry as an Indian, but now I was angry as a woman.”
both are intertwined in a way that she couldnt tell the difference for years and i dont know why but hearing each being identified seemed like a first step into her realizing her struggles and maybe dealing with them in a different manner
In spite of whatever cultures the other women might be part of,they all seemed the same to us, because none of them knew anything aboutIndians.
Ive seen this alot in my community and different minorities. Even though some of their struggles are similar its as if its programmed to be against each other like a new threat of the unknown rather than raising each other up.
Karensaid “the Indian kids” shared whatever money any received, whether thirtydollars from Karen’s brother Benjamin after he got paid for a roofing job, orten dollars from her grandmother.
this reminds me of the community style living Natives cherished before they were forced to settle into individually owned land
It was okay, but it was a hardship on my parents. Even though I had a schol-arship, the transportation they had to pay for.
people think that for minorities with lower income it is just easy enough to get a scholarship and if they dont go to college they are just "lazy" however there are so many other factors and costs that go into being able to attend a 4 year university and it needs to be addressed
‘Indian food,’
I find it interesting that even if someone doesnt practice their culture religiously, food is the gateway and easiest way to feel close to that culture
“Violence Against Native Women IsNot Tradition.”
with the strong history of matriarchy and respect for women we have read about in earlier weeks, it really isnt.
In parts of the country, locations of women’s shelters are closely guardedsecrets.
Although these womens shelters are a first step. These conditions shouldnt exist in the first place and is the result of generations of systematic racism
ascent from illiterate primitivism to modern western civilization
an example of how colonizers used "science" and higher education to justify their actions as if they were helping the people they were leading to the brink of extinction
This time in a slightly less unfriendly way
I wonder what horrible tactics they used. its disturbing how people preach that america is built on freedom and then this is apart of that history.
the Supreme Court ruled that there was still some level of nationhood that remained to tribes, even as Congress aggressively sought to abrogate its historic responsibilities to them.
it kind of surprised me that the supreme court would be against the congress in this case even though upholding the "right" laws was supposed to be their job anyways
was the political status of individual American Indians, as they were being pressured into surrendering their tribal identities.
I find this incredibly sad. its one thing to take someones land and rights but to try to enforce someone to give up their identity as an individual is another level of psychological warfare
Prucha suggested that when the Americans approached the Wyandots with a similar treaty, they adamantly refused to allow the colonial army to march through their lands.3
the right choice in my opinion after what happened with delaware
As such, just because a tribe agrees to cede, sell, or lease land— even under extreme duress—did not entail that they had surrendered all claims to their dignity.
I found this very empowering. Just because they were forced into a situation which they couldnt control does not mean it erased their culture and way of life and outlook
Consequently, as the United States assumed political control over the territory ceded to it by Britain, which was augmented by the 1804 Lou-isiana Purchase from France, according to the principles of the Doctrine of Discovery, the United States acquired the exclusive right to extinguish Indian title to the lands within its territorial boundaries.
Its insane how they just took England's guidelines for colonization and went ahead with it after they took control
including Red Power
for reference a movement that wanted self-determination from the US
because they were non-Christian primitive peoples who neither pos-sessed souls nor the rights of Christian men.
this is infuriating. I wonder what their response would be to Natives if they converted? would they have magically become in possession of righteous souls or would they still be primitive and souleless in their eyes?
The Congress should eliminate the immunity of non-Indians to the general application of law and law enforcement within Reservation Boundaries, without regard to land or property title. Title 18 of the U.S. Code should be amended to clarify and compel that all persons within the originally-established boundaries of an Indian Reservation are subject to the laws of the sovereign Indian Nation in the exercise of its autonomous governing authority. A system of concurrent jurisdiction should be minimum requirement in incorporated towns.
This is very important. In earlier readings we learned how sexual assault was prevalent because of lack of jurisdiction and that should be at least one thing their women and families shouldnt have to fight for
The Congress should act immediately to repeal the Termination Acts of the 1950s and 1960s and restore ownership of the several million acres of land t
yessss this is important that they restore what was wrongfully taken without their consent the idea of termination was just wrong
to provide for the judicial en- forcement and protection of Indian Treaty Rights.
I think this for me is what I have been looking for in the past readings. A treaty is just a piece of paper with hollow words if there are no lawful repercussions if not followed for both sides. the US has always gotten out of it and I feel like going forward the people should be able to try/sue the government if guidelines are not followed
The President and the leadership of Congress should make a commitment now and next January to request and arrange for four Native Americans - selected by Indian people at a future date
I think this is important since they are stating that the four natives should be picked by their own people and not just representatives the government think are the right fit
We seek a new American majority - a majority that is not content merely to confirm itself by superiority in numbers, but which by conscience is committed toward prevailing upon the public will in ceasing wrongs and in doing right.
I think even in todays society there is still a lot of back and forth on this issue. there are many great milestones that have been reached yet like the past four years its incredulous to see how much of that can be erased easily
nd media coverage focused on men—specifically the leaders whose dress and rhetoric catered to the press’s desired image of the Plains Indian warrior.
This reminds me of readings from a few weeks back and how matriarchy was the center of a lot of tribes but now that has really dimmed down in recent history
Nixon argued that the US needed to do away with federal paternalism and stop termination—removing the threat of termination would be the “only way that self-determination can effectively be fostered.”
I wonder how people in government responded to this statement. Im sure many benefitted from termination as it would cut budget needs and expand the amount of land available for grabs
The Nixon administration also received letters from constituents urging capitulation with their demands. Six months into the occupation, the Interior Department informed the White House that the Secretary of the Interior was receiving thirty to forty letters a day, with over 95% of them favoring the demands of the Indians of All Tribes.
Finally a little bit of recognition and support even though it is just letters
Why must be beg for administrative support for our communities? Why must we beg for lease money, per capita payments, and Indian Bureau Services, when they are rightfully ours?”
this is important. federal aid should never even be questioned when it comes to Native americans it is the least of the rights that they deserve compared to what the US has put them through
If the Indians will quit crying about oppression and begin to vote and get educated, there will be no problem.”
This statement just seems uneducated. easier said than done. many resources have not been made available to them for generations. systematic racism does not just disappear because someone said they need to quit crying about it.
“considered to have reached the American level of well-being until the principles of consent of the governed, self-determination, and local self-government are operative.
This is very important since if the US is acting under the impression that it iis helping these people self govern then it should be one of their main deciding factors that they are able to fully support themselves as a community without US aid
establish their own municipal, educational, health, and other services
This is so harsh. with what resources? was the BIA going to get their finances in check before this process? were they going to benefit from federal aid that other "white" communities were if they were supposed to assimilate?
a minimum of 1,352,155 acres of land
I dont think it was ever about the people but a way for them to attain the land. if guilt was a factor it would have been a factor earlier on in history
“progress”
This word is infuriating. progress was most likely defined by how much these tribes were able to assimilate. the whole idea of termination just seems like a reminder of how much the US government cana exercise their power over natives and nothing more
a vague sense of guilt
I honestly feel like this is giving them more credit than even deserved. I doubt the average "white" even thought about their guilt in their lifetime.
“The real tragedy is that many whites then and now still cannot comprehend that Indian people could want anything other than a white existence." [
Yes exactly what I was pointing at in my last comment. They have fought for a long time for their history and culture what makes people even think they wanted to assimilate
Termination policy
its interesting how the US thinks this is a different approach than any of the numerous treaties they didnt uphold
Hawaiian cultural definitions of who is Hawaiian tend to be the most inclusive because they take genealogy into account over blood quantum percentag
I dont understand why they didnt just do that with the Native americans.
identifying or marking indigeneity is to construct one- > self as a member of a people with internationally recognized rights to sovereignty and self-determination, then it follows that the definition t of the group is contingent on the kinds of affiliations and memberships imagined in acts of self-definition and in the claims, qualifications, en- u rollments, and eliminations by the people of particular kinds of indi- 68 3 viduals. The responsibility of indigenous governments today is to fig- ure out how to develop membership requirements that recognize the ? rights of individuals to self-definition while they exercise their collec- tive rights to define those requirements as sovereign governing enti- ties. The principles on which to base this negotiation are located with- in indigenous (oral) histories.
Very well written. Kind of puts into perspective what responsibilities governments have to not think of a convenient way but a proper solution
exchanges, Indian people claimed a power of knowledge against the hobbyists, mobilizing the terms and conditions of the exchange to re- claim their rights to self-definition and cultural curatorship. As Indian- ness had come to embody a U.S. national identity founded on notions of personal freedom and liberty, Indian people overturned those same dis- courses to address their agendas for sovereignty and self-determination. Ironically, the very theaters of performance in which Indian people came as costumed artifacts of authenticity gave way as a platform from which Indians could demand the recognition of their unique rights and status as Indians
I absolutely love this. Its amazing to see Natives taking back some form of their power through such a platform
They explain that if individuals fail to meet their tribes' criteria for enrollment, they may still be certified as a special artisan of that tribe for the purposes of sell- ing and displaying their work as Indian-made.
I dont know how I feel about this. It answered a question I had in the beginning of the reading but it doesn't sit right with me how they make exceptions but do not just broaden their definition of Native to be more inclusive
: (1) they are identi- fied by reliable external sources as a substantially continuous entity since 1900; (2) they have maintained themselves as a distinct, his- torically continuous community; (3) they have maintained political authority over their members from "historic times until the present"; (4) they have a governing document or statement describing their government operations and membership criteria; (5) current members are descendants of a historic or amalgamated tribe and have func- tioned as an autonomous political unit; (6) members are not members of an already recognized tribe; (7) the tribe has not been terminated by legislation (Wilkins 1997, 166-67; GAO 2001).
These regulations seem a little farfetched and also weren't there other organizations that recognized over a 100 tribes acroos the US. I wonder what criteria they used.
Besides, she writes, even today many indigenous people "reject the whole idea of formal tribal membership to the extent that they see it as a foreign, bureaucratic imposition alien to their own traditions of thought" (21)
Which they have every right to do. but I wonder how it effects their lives? since the US has tied every (nonexistent) benefits and rights of Natives into a single form of identification papers
Martinez and her daughter claimed that a 1939 amendment to the tribe's constitution of 1935, establishing patrilineality as a criteria for membership, violated their civil rights on the basis of sexual dis- crimination.1
and on top of this many Native tribes were built on a matriarchal society so in a way it was devaluing their culture on top of outright sexism
nce, under the Department of the Interior, the BIA currently recognizes about 565 American Indian tribes and Alaskan Native villages. But the Department of Health and Human Services includes an agency called the Adminis- tration for Native Americans, and their list includes about 100 more tribes than the BIAs because they also include those native to Puerto Rico, Hawaii, and other territories of the United States (Morningstar 1993,
This honestly just seems like a way for the government to be able to control who gets to claim any rights as a Native, control their population and misslable peoples heritage because they simply can
Such laws meant that a part-Indian of one- eighth American ancestry and seven-eighth European ancestry would not have acquired sufficient European "blood" to be accorded the legal privileges of whiteness.
This is absurd. It comes down to colorism as well im sure if someone looked "white" enough they wouldnt bother to track down their family tree to see if they were 1/8th native
The IACA requires that anyone who wants to display or sell their work as Indian-made must show the government-issued trademark, to be developed and distributed by the Board, in order to guarantee the authenticity and quality of the product (PL 101-644, sec. 102; Guest 1997, 135). Those defined as Indian by the statute, and accordingly qualified to receive the trademark, are enrolled members of federally recognized tribes. All members of unrecognized tribes are excluded, as well as those who fail to meet enrollment criteria, those who are unable to enroll (such as those who do not have proper documentation), those who are unable to gain "special artisan status," and those who refuse to enroll for political or other reasons.4
I think its great that the government is realizing that Native art should be preserved and protected however I dont think it is right for them to be able to pick and choose who is eligible. This should be something that I think would be better handled if each tribe decided on what parameters to use.
nor shall foreign Indians be permitted to reside in their reservations without consent of the superintendent or agent.
This is very confusing to me. it is a very short treaty and i'm sure there were many reasoning behind each article. But I dont understand how foreign indians residing in reservations would be a big deal?
all which said sums of money shall be applied to the use and benefit of the said Indians, under the direction of the President of the United States,
we saw how well that went when the government is in charge of Native money. couldnt even keep records of it
erecting temporary houses
This stuck out to me. what do they mean by temporary housing and why the need to point it out when they are being so vague on other matters such as fishing rights?
thence to and down said creek, to the coal mine
might not be of much value but from what ive seen this is the first treaty that has marked the territories rather clearly as opposed to the past reading that merely say south of the river for example
Native people were thus told there was no place for them as Native in contemporary American society, yet the material culture identifying their tribal uniqueness was highly valued.
a form of colonization in more modern settings. By seeng people as objects they have taken to using their culture as entertainment
tors to indicate race. The BIA’s default position was that mixed-descent applicants were undeserving of Indian status. This meant that few were successful in their pursuit to be recognized. [14]
I think at the end of the day they didnt want to go through that many requests and were trying to keep the physical benefits (that are minimal) to a minimum of people
Thus, Dawes Commission officials spent a lot of time determining Native peoples’ sexual and marital histories. Commissioners inquired about when and how couples were married, whether those individuals had been previously married, whether married couples lived together and whether they had done so continuously since their marriage. They also sought to confirm fidelity within marriages by asking for names and ages of children in the household and confirming their parentage. They also discussed the information with relatives and neighbors
totally invasive and seems unnecessary. just seems as though the american government is putting whatever they can in place to lessen the amount of people who can be legally identifiable as Native american
Creek by blood” but her husband was “Creek Freedman,” their children would be considered to be “Creek Freedmen” as well, overriding matrilineal rules.
Reminds me of readings in week 3 that talks about how colonization is seen as gendered
that most of the per-petrators of rape against Native women are white Americans.
from earlier readings it kind of makes sense sadly. as they 1. pointed out here white men are seen as the colonizers and 2. as there are many loopholes in treaties and regulations concerning Natives I feel like the "white male" thinks they can get away with it.
You’ll often see in the journals or the history of the European male perspective that they talked even about the land here as a woman, as if it was theirs for the taking.
a great example for what I meant in the last paragraph
we have to deal with the reluc-tance of people to understand how colonialism is gendered and also sexualized
Im glad this is brought up. Colonialism endorses a lack of remorse and empathy and condones a way of thinking where people are seen as objects or lesser and therefore gender roles play a big part in that
She serves on advisory boards for numerous anti- violence organizations and projects, including the American Bar Association’s Commission on Domestic Violence and the National Alliance to End Sexual Violence. She is the coauthor of several textbooks, including Structuring Sover-eignty: Constitutions of Native Nations (2014), Introduction to Tribal Legal Stud-ies (2010), Tribal Criminal Law and Procedure (2004), and Sharing Our Stories of Survival: Native Women Surviving Violence (2008).
Its great to see someone as accomplished as her pursuing this and spreading awareness
But what the State considers unthinkable turns out to be easily imagined. Jurisdictional gaps are hardly foreign to this area of the law.
I love this statement. legally unthinkable but in practice seems more and more practical for them with others turning a blind eye
So Oklahoma lacks jurisdiction to prosecute Mr. McGirt whether the Creek lands happen to fall in one category or another.
you would think the state of Oklahoma would do its research before presenting its argument
And for a time Oklahoma’s courts appear to have entertained sham competency and guardianship proceedings that divested Tribe members of oil rich allotments
I cant even be shocked at this point
on the implicit premise that its historical practices are unlikely to have defied the mandates of the federal MCA. That premise, though, appears more than a little shaky.
which it clearly has. I wonder if ruled in favor of the Natives does that mean that those past cases have to be retried on the federal level?
Put aside that the Tribe could tell more than a few stories of its own:
yes! im sure the tribe definitely has past issues they could have brought up
The Creek Nation has done exactly that. In the intervening years, it has ratified a new constitution and established three separate branches of government. Ibid.; see Muscogee Creek Nation (MCN) Const., Arts. V, VI, and VII. Today the Nation is led by a democratically elected Principal Chief, Second Chief, and National Council; operates a police force and three hospitals; commands an annual budget of more than $350 million; and employs over 2,000 people.
This is actually amazing to hear. I wonder how many other tribes are working in the same way?
in 1936, Congress authorized the Creek to adopt a constitution and bylaws, see Act of June 26, 1936, §3, 49 Stat. 1967, enabling the Creek government to resume many of its previously suspended functions.
some form of good news atleast
that Congress clearly express its intent to do so, “[c]ommon[ly with an] ‘[e]xplicit reference to cession or other language evidencing the present and total surrender of all tribal interests.’
This is so outrageous. So even now congress can decide if a reservation can continue as one?? After all the rights taken away from Natives this is simply a reminder that everything they were even left with has a catch
possessing even the authority to breach its own promises and treaties.
Doesn't this just make any of the US treaties void of any obligation even with non Natives?
voluntary, Congress
voluntary isnt the right word. coerced on the other hand..
In the alternative, Oklahoma contends that Congress never established a reservation but instead created a “dependent Indian community.” To hold that the Creek never had a reservation would require willful blindness to the statutory language and a belief that the land
Its baffling to see the state and congress use arguments that barely make sense and think they are able to get away with it
Congress
I am wondering how many tribes and lands did congress take action against in the same way
“would ever be embraced or included within, or annexed to, any Territory or State,” 11 Stat. 700, and that the Creeks would have the “unrestricted right of self-government,” with “full jurisdiction” over enrolled Tribe members and their property, id., at 704. Pp. 3–6.
definitely a broken promise since the federal government has jurisdiction over their people
comedian Charlie Hill
Ive watched some of his stuff and I really understand what the writer means by this type of discourse. Using humor and sarcasm is one of the non threatening ways to get people interested in a conversation
he goal of a cultural sovereignty movement should not be the forging of stronger doors—that would be illusory—but rather to insist that, when-ever possible, one’s doors should be opened from the inside.
I don't know if I agree with this or not. The writer makes a strong case however I feel like in a society that has tried to eradicate Native culture time and time again, strong doors are necessary
In the third period, starting in the re-moval years and ending, I would suggest, in 1890—when the frontier was closed, thus eliminating the need for a savage—Indians were described in a manner that Krupat describes as the “Zero of human society”: not a changeable sort of person deserving civilization, nor even a savage that might be usefully romanticized, but simply as a sign of noncivilization: “so the Indian must vanish, for noncivilization is not life.”
The three stages get worse at time passes. I think the intent was the same from the beginning even though it seems as though colonizers were meaning to integrate Native society into their own and the only thing that changed was the white inability for patience of removal and empathy towards other humans
Like it or not, X marks the spot of Indian space.
This entire paragraph kind of puts everything together so far and really solidifies the idea of the X mark in Native history
First, the subaltern nation “serves as a line of defense against the domination of more powerful nations and external economic, political, and ideologi-cal forces.
Exactly. In todays society it is already hard to hold close each culture and it is easy to get lost in more prevalent forces.
In 1922 a Native American Church (NAC) was established at Ryan’s Village just outside of Bena, bringing the syncretic peyote religion from the plains to the north woods.
I wonder how many churches like this exist today and how many people practice it?
want more of it, not less.
But I don't see how that would work since history has showed repeatedly that these treaties do not end well. the thought behind it is correct I just don't think the execution of it would be any different from the past even in a modern society
he removal of livelihood and language, the removal of security and self-esteem, the removal of religion and respect. Bit by bit, change by change, loss by ever-exacting loss, removalism has been as much a legacy of our history as migration, and colonialism was its cause
And as a result history has been distorted and many cultures are dimmed down. In every minority group in America you are forced to forfeit your culture and assimilate.
Leech Lake controls only 5 percent of its original treaty-established land base today
Only 5%?? im guessing there were later "treaties" at play that kept stealing their property that was promised to them
But even before the era of colonization, migrat-ing had become a primary cultural value.
A lot of different cultures still do this. it reminded me of persian "ashayer" who still travel to different parts depending on the season in a nomadic life style
ripened into independent communities whose only sense of tribal unity came from language, kin-ship, and clan membership
I find this a little saddening. I mean its amazing that different tribes became independent but I feel like a larger sense of community would have definitely helped against the US
contamination
the word contamination is really interesting to me. it uniquely describes the situation in a negative and invasive way that is ultimately true
At treaty councils individuals retained a right to withhold their x-marks, and many did.
I wonder if they actually had the right or there were consequences afterwards
retained or sold for their bene!t
I doubt any of them say a penny of the land that would be sold in their name
The TLOA restored authority of tribes to sentence offenders for more than a maximum of one year per crime. Under the TLOA, tribal courts can now punish a rapist by sentencing him to jail for a maximum of three to nine years and fining up to $15,000.
2010 really? its so baffling to me the more I read about this. How is this not all over the news?? why does the general public not know of this? as women we think we have come a long way in supporting other women but this is such a slap in the face to the 50% of women who had to have gone through what they did before only 10 years ago
imited to misdemeanor or minor crimes jurisdiction. Amendments in 1986 (as part of drug control legislation) allowed for up to one year’s incarceration and/or a $5,000 fine.
So only had power over petty crime that the government had no interest in the outcome? how infuriating
federal officials perceived Crow Dog’s punishment to be too lenient, and subsequently arrested and prosecuted him in federal territorial quote, resulting in a death sentence. Crow Dog petitioned the Supreme Court, arguing that he was not subject to US authority as a citizen of a foreign government accused of violating foreign law on foreign soil. He won and was released from custody. Ultimately, the court found that the government with authority to respond to that homicide was that of the Lakota people.
I wonder what made this case so different to the US government than the ones before because they ultimately have the same reasons behind the case.
after registering with an Indian agent they would supposedly receive land and citizenship in the state. However, the agent blocked the efforts of Choctaws who wished to remain, refusing to register those who asked or destroying registrations of those who signed up. In the end, only 69 Choctaw families received an allotment of land in Mississippi under the treaty
This is extremely saddening. seeing nations having no choice but accepting unlivable conditions because of the fear of extinction
After most of the Choctaws who had attended this conference with Eaton had left, Eaton told the remaining members of the council that if they did not agree to remove, the president would declare war on them and send in the army. They agreed to sell their land, signing the first removal treaty of the Five Nations in the Southeast.
Its so strange how easily the US abandons all pretenses of democracy the minute a "treaty" doesnt go as planned
You have two hearts
Im a little confused at to what this means. overall it is remarkable to see a society at that time which so much high regard for women
women traditionally controlled the land, and their opinions about its sale mattered a great deal. No one dared to oppose them publicly
I wonder how the US officials of that time viewed such strong women
Basically, the question came down to did Native people have the right to give a title to land to a private individual and have that title hold up in Court?
The answer coming out unfavorable of Natives of course. I do not understand why they even bothered with formalities after so many broken promises.
The Cobell case resolves claims that the federal government violated its trust duties by not providing proper accounting, mismanaging individual trust funds, and mismanaged management of land, oil, natural gas, mineral, timber, grazing, and other resources. You’ll read much more about the case and the lead plaintiff, Elouise Cobell, in the short reading by Bethany Berger.
I found the reading very satisfying. It was a nice shift to see Native peoples hard work in their court battle pay off.
574 federally recognized Native nations.
The american educational system really should focus more on this type of history as the sheer number of these nations seem to amaze a lot of people.
And now, after 14 years of litigation, it's finally time to address the way that Native Americans were treated by their government. It's finally time to make things right.
14 years! and this is only one case against one tribe. It would truly be saddening to see how many times history has repeated itself.
[R]egardless of the motivations of the originators of the trust, one would expect, or at least hope, that the modern Interior department and its modern administrators would manage it in a way that reflects our modern understandings of how the government should treat people. Alas, our “modern” Interior department has time and again demonstrated that it is a dinosaur—the morally and culturally oblivious hand-me-down of a disgracefully racist and imperialist government that should have been buried a century ago, the last pathetic outpost of the indifference and anglocentrism we thought we had left behind.
Agreed. We as a society see ourselves as modern and sophisticated yet we are docile when it comes to ancient regulations rooted in racism just because it might not effect our daily routine and comfortability.
In one case, Cobell found, they loaned part of the Blackfeet fund to another tribe, and just forgot to replace it.
This is so shocking. I dont understand how a branch of the government can simply loan other peoples money and forget to replace it!
land is held in trust and cannot be seized as collateral.
I wonder if this was done to the people intentionally as to limit their rights concerning their own land
Cobell left college in her junior year to take care of her mother
It is refreshing to see even though her life was one of many tragic factors, she ended up being such an inspirational woman.
ay to boarding school.
This reminds me of indigenous people in Australia and how many children were taken away from their homes to be raised in a "white" society. leaving no other option but boarding school seems as though they are trying to take their culture away from them at an early and impressionable age
Marshall Trilogy held that the federal government, and not individual states, possesses the exclusive right to exercise control over Indian affairs
This is interesting. I wonder what would have happened if individual states could rule on these affairs. I think there would have been a lot of inconsistencies in different states and therefore would have brought the issues to the forefront.
Steadfast beliefs in white superiority and Indian savagery can in fact be identifi ed as central organizing principles in the Court’s fi rst set of landmark decisions on Indian rights.
It is so sad to see that the countries highest court of power can not even judge without a bias which is their only duty even in todays society.
ness reinforced the notion that the American Indian was a paradigm example of uncivilized savage humanity
Which in turn would lessen the moral burden on colonizers who would "savagely" claim their land.
That the Indians may have full confidence in the justice of the United Statesrespecting their interests,
So simply put it is saying trust us when we have not given you any reason to in the past
If any citizen or citizens of the United States, shall presume to settle upon the landsallotted to the Shawanoes by this treaty, he or they shall be put out of the protection of theUnited States
I wonder if it would have been the same vice versa? If a member of the tribe decided to live outside of their territory would they be put INTO the protection of the US?
The United States do allot to the Shawanoe nation, lands within their territory tolive and hunt upon, beginning at the fourth line of the lands allotted to the Wiandots andDelaware nations,
The wording is what gets to me. The US is trying to sound generous by giving the Natives land to live on in their own territory?
Library of CongressArticles of a treaty, concluded at the mouth of the Great Miami, on the north-western bank of the Ohio, the thirty-first of January, onethousand seven hundred and eighty-six, between the commissioners plenipotentiary of the United States of America, of the one part,and the chiefs and warriors of the Shawanoe Nation of the other part. http://www.loc.gov/resource/bdsdcc.18101of the United States, or any of them, that nation shall deliver such offender, or offenders tothe officer commanding the nearest post of the United States, to be punished according tothe ordinances of Congress; and in like manner any citizen of the United States who shalldo an injury to any Indian of the Shawanoe nation, or to any other Indian Indians residingin their towns, and under their protection, shall be punished according to the laws of theUnited States.
This entire document seems to be written in a way more aggressive tone than the treaties and readings in the previous week. It seems like a list of regulations imposed on the Natives and less like a peace treaty.
In the fifteen years leading up to the Sequoyah convention, the U.S. Congress hadpassed legislation to allot tribal lands without tribal consent, and tribal governmentalinstitutions had been crippled, if not abolished, by unilateral federal legislation.2
As expected yet reaffirming to read that none of the treaties beforehand were valued by the US.
President Theodore Roosevelt
Its interesting to see how much democracy was actually put into action. The presidents "preference" seemed to have been the only deciding factor.
No person who denies the existence of God or a future state of rewards and punishment, shall hold any office in the civil departments of this Indian Territory, nor shall be allowed his oath in any court of justice, neither shall the Bible ever be pro-hibited as a text book in any school in this Territory.
This is comical as they state the exact opposite in this same document in sections 2 and 3.
We have 200 children of a suitable age to go to school, and forty are attending school at Cheyenne Agency, and 50 boys are working on the farm, going to plant
Out of 200 children only 40 are attending school yet they writer seems to have such hope and positivity. I wonder how these statements to the council were perceived or if they were even acknowledged.
I can work and I will work. I have four boys. I will send them to school, so they may learn to read and write. Every day I dont know what to do. Even' day the children cry for something to eat, and if I go to work like my brothers, my children will always get something to eat. I never feel tired. I used to run about in every direction. I now want to work. I do not like to lie down all the time. Something
Goes to show how unfairly they were treated and branded. They were seen as savages yet they assimilated and even wanted to be honest members of a society forced upon them yet are not even given the chance and had to go hungry.
hey moved to their present locations, and commenced again, and for five years succeeded very well. Then General Davidson and three companies of soldiers, came upon the wild Indians at the Wichita Agency, and tired upon them when our people were among them drawing their ra-tions, without giving us notice to get out from among them, as we would have done.
This is heartbreaking to read that the Natives tried so hard to assimilate and follow regulations that shouldnt have been there in the first place yet were not even treated with the decency to not be fired upon and of course there wouldnt have been any repercussions.
belong to the Kaw tribe, and we came down here without an interpreter. I do not think I have learned all of your proceedings yet, as I think the acting interpreter does not take as much pains with us as he does with the Osages. I am sent down here by my chiefs to get imformati
It is interesting to see that they were somewhat playing favorites between the tribes and makes me wonder what made it so. did one tribe have larger numbers or more land which granted them more importance?
When we send them back to the United States, they tell them they have no rights there. Then it is very hard for us to turn them back, when we are satisfied they do belong to the Territory.
This makes me think about the different treaties between the Natives and the US and how it doesn't seem like the people have a say on how their own people are treated which is polarizing to what those treaties stated.
The Caddos have quit eating on the floor.
I dislike how the writer is portraying cultural and generational ways like eating on the floor as lesser. He also talks about how he does not want the land to be taken from their children yet assimilation in fear of that should not be the moral solution
he recommended a compliance with the wishes ofthe Indians, so far as "consistent with safety."
This really bothers me. Even in the last reading the wording the US uses is so vague that anything could become an excuse that could be seen as "not consistent with safety".
In presence of
not of importance but it kind of seems odd that the treaty was signed only in the presence of US soldiers. kind of sets the tone for where the majority power lies
or the better security of the peace and friendship now entered into by the contracting parties, against all infractions of the same by the citizens of either party, to the prejudice of the other, neither party shall proceed to the infliction of punishments on the citizens of the other, otherwise than by securing the offender or offenders by imprisonment, or any other competent means, till a fair and impartial trial can be had by judges or juries of both parties, as near as can be to the laws, customs and usages of the contracting parties and natural justice.
It would be interesting to see if they actually did adhere to this or not as judgement on ones people seems like a very important step towards a communities freedom
affording to said troops such supplies of corn, meat, horses, or whatever may be in their power for the accommodation of such troops,
I do not understand how this is a treaty in the first place this just seems like a set of demands in favor of the US that are simply being announced
d if either of the parties are engaged in a just and necessary war with any other nation or nations, that then each shall assist the other in due proportion to their abilities, till their enemies are brought to reasonable terms of accommodation: and that if either of them shall discover any hostile designs forming against the other, they shall give the earliest notice thereof that timeous measures may be taken to prevent their ill effect.
It kind of seems as though the united states just making sure they could use Natives as soldiers when needed since the Natives had no enemies to go to war with outside of different tribal disputes
the Seminoles lost about 90 percent of their two million acres.
Doesn't even seem like a treaty at this point if 90 5 of their land was lost just seemed like they strong armed them into it
Native nations were by no means “conquered” by the Revolutionary War. Americans made treaties with Native nations who had sided with England between 1784 and 1786, including the Six Nations, the Wyandot, Delaware, Chippewa, Ottawa, Cherokee, Choctaw, Chickasaw, and Shawnee.
This statement kind of seems to dull the actual events that happened. It seems as though it is stating that America gave willing Natives all the rights that were asked for but that is certainly not the case
the Master of Life put Arms in our hands, and it is he who has ordered us to fight against this bad meat that would come and infest our lands.”
It is definitely justified in this case and yet it is interesting to see how men use a higher power for justification and reinforcement for violence in different societies throughout history
group of men and women prophets
It is interesting to see that there were women prophets and also numerous prophets at the same time because in my limited knowledge of different religions it is very rare to come across.
They were united under Pontiac, an Ottawa chief, and follower of Neolin, a Delaware religious prophet.
It is interesting to see that different Native tribes were united under a certain authority this early on as in most cases they always try to show the divide between different tribes
he Treaty with the Delaware, from 1778
I have heard of this treaty only in name and so I am excited to be able to delve deeper into its details.