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American Indians. The matter of treaties. Larry J Zimmerman. Disturbing Question 1. Yes, bad things did happen in the past, but that was a long time ago. Why can’t they just move on?. Disturbing Question 2. Why can’t they just be like other Americans?.

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American Indians

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American Indians

The matter of treaties

Larry J Zimmerman


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Disturbing Question 1

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


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Disturbing Question 2

Why can’t they just be like other Americans?

Yankton (Sioux) delegation in Washington, DC circa 1912

Navajo Man Transformed by Carlisle Indian School

“The Light” goes to Washington-George Catlin, 1832


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Indians who are enrolled members of federally recognized tribes are actually “super-citizens.”

Why?

Because of treaties their ancestors signed with the US government


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Treaties and Indians

The United States Constitution

Article II, Section 2,Clause 2:

“He [the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;”


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The United States Constitution: Article VI

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”

Interpretation:

Thus, When the U.S. becomes a party to a treaty, Article VI of the U.S. Constitution mandates that the treaty becomes an extension of federal law -- "the supreme Law of the Land." There are no exceptions, and no officer of the U.S. has the power to nullify any treaty that has been ratified by the U.S.


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Some facts about treaties

  • Any country can unilaterally abrogate a treaty to which it is a party.

  • Congress can abrogate any treaty to which the United States is a party.

  • When treaties are broken, they are not rescinded.

  • Only a subsequent treaty or agreement can relieve the signatory parties of the original treaty.

  • Time or age does not invalidate a treaty.

  • Unilaterally breaking treaties reflects very badly on a government by demonstrating that their laws have no validity.


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US Government Treaties with Indians

The United States government made more than 350 with Native American tribes

All of the treaties were broken.

Not one was broken by Indians until after the government broke it.

Not one was ever rescinded by Congress.

All of them technically are still in effect.


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Treaty of Ruby Valley, 1863

Treaty of Peace and Friendship made at Ruby Valley, in the Territory of Nevada, this first day of October, A. D. one thousand eight hundred and sixty-three, between the United States of America, represented by the undersigned commissioners, and the Western Bands of the Shoshonee Nation of Indians, represented by their Chiefs and Principal Men and Warriors, as follows:

ARTICLE 1.

Peace and friendship shall be hereafter established and maintained between the Western Bands of the Shoshonee nation and the people and Government of the United States; and the said bands stipulate and agree that hostilities and all depredations upon the emigrant trains, the mail and telegraph lines, and upon the citizens of the United States within their country, shall cease.

ARTICLE 2.

The several routes of travel through the Shoshonee country, now or hereafter used by white men, shall be forever free, and unobstructed by the said bands, for the use of the government of the United States, and of all emigrants and travellers under its authority and protection, without molestation or injury from them. And if depredations are at any time committed by bad men of their nation, the offenders shall be immediately taken and delivered up to the proper officers of the United States, to be punished as their offences shall deserve; and the safety of all travellers passing peaceably over either of said routes is hereby guarantied by said bands.Military posts may be established by the President of the United States along said routes or elsewhere in their country; and station houses may be erected and occupied at such points as may be necessary for the comfort and convenience of travellers or for mail or telegraph companies.


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ARTICLE 3.

The telegraph and overland stage lines having been established and operated by companies under the authority of the United States through a part of the Shoshonee country, it is expressly agreed that the same may be continued without hindrance, molestation, or injury from the people of said bands, and that their property and the lives and property of passengers in the stages and of the employes of the respective companies, shall be protected by them. And further, it being understood that provision has been made by the government of the United States for the construction of a railway from the plains west to the Pacific ocean, it is stipulated by the said bands that the said railway or its branches may be located, constructed, and operated, and without molestation from them, through any portion of country claimed or occupied by them.

ARTICLE 4.

It is further agreed by the parties hereto, that the Shoshonee country may be explored and prospected for gold and silver, or other minerals; and when mines are discovered, they may be worked, and mining and agricultural settlements formed, and ranches established whenever they may be required. Mills may be erected and timber taken for their use, as also for building and other purposes in any part of the country claimed by said bands.

ARTICLE 5.

It is understood that the boundaries of the country claimed and occupied by said bands are defined and described by them as follows:

On the north by Wong-goga-da Mountains and Shoshonee River Valley; on the west by Su-non-to-yah Mountains or Smith Creek Mountains; on the south by Wi-co-bah and the Colorado Desert; on the east by Po-ho-no-be Valley or Steptoe Valley and Great Salt Lake Valley.


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ARTICLE 6.

The said bands agree that whenever the President of the United States shall deem it expedient for them to abandon the roaming life, which, they now lead, and become herdsmen or agriculturalists, he is hereby authorized to make such reservations for their use as he may deem necessary within the country above described; and they do also hereby agree to remove their camps to such reservations as he may indicate, and to reside and remain therein.

ARTICLE 7.

The United States, being aware of the inconvenience resulting to the Indians in consequence of the driving away and destruction of game along the routes travelled by white men, and by the formation of agricultural and mining settlements, are willing to fairly compensate them for the same; therefore, and in consideration of the preceding stipulations, and of their faithful observance by the said bands, the United States promise and agree to pay to the said bands of the Shoshonee nation parties hereto, annually for the term of twenty years, the sum of five thousand dollars in such articles, including cattle for herding or other purposes, as the President of the United States shall deem suitable for their wants and condition, either as hunters or herdsmen. And the said bands hereby acknowledge the reception of the said stipulated annuities as a full compensation and equivalent for the loss of game and the rights and privileges hereby conceded.

ARTICLE 8.

The said bands hereby acknowledge that they have received from said commissioners provisions and clothing amounting to five thousand dollars as presents at the conclusion of this treaty.

Done at Ruby Valley the day and year above written.

Signatures follow


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What the Western Shoshone own under the treaty


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The Ft. Laramie Treaty of 1868

TREATY WITH THE SIOUX - BRULÉ, OGLALA, MINICONJOU, YANKTONAI, HUNKPAPA, BLACKFEET, CUTHEAD, TWO KETTLE, SANS ARCS, AND SANTEE - AND ARAPAHO


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A guarantee of land


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Friends and Brothers - By permission of the Great Spirit above, and the voice of the people, I have been made President of the United States, and now speak to you as your Father and friend, and request you to listen. Your warriors have known me long You know 1 love my white and red children, and always speak with a straight, and not with a forked tongue; that I have always told you the truth. I now speak to you, as my children, in the language of truth-Listen.

Where you now are, you and my white children are too near to each other to live in harmony and peace. Your game is destroyed, and many of your people will not work and till the earth.

Beyond the great River Mississippi, where apart of your nation has gone, your Father has provided a country large enough for all of you, and he advises you to remove to it.

There your white brothers will not trouble you; they will have no claim to the land, and you can live upon it you and all your children, as long as the grass grows or the water runs, in peace and plenty. It will be yours forever. For the improvements in the country where you now live, and for all the stock which you cannot take with you, your Father will pay you a fair price.

Where you now live, your white brothers have always claimed the land. The land beyond the Mississippi belongs to the President and to no one else; and he will give it to you for forever....

President Andrew Jackson to the Muscogee (Creek)


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Forever lasted about 50 years…


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Custer’s Black Hills Expedition, 1874


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He sapa

‘The heart of everything that is’

Paha sapa — the Black Hills

Current claim value: $712,404,323


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What the Supreme Court has said about treaties with Indians

  • Treaties were made between sovereign governments.

  • Treaties are to be construed as a grant of rights from the Indians, not to them—and a reservation of those not granted.

  • Treaties are to be interpreted as the tribes would have understood them at the time of the negotiations.

  • Any ambiguities are to be construed in favor of the tribes.

  • Treaties were made with tribes, not individuals. Therefore rights reserved (hunting, fishing, etc.) by tribes are maintained as a government would do.


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Should Indians be pressured into giving up these rights for which their ancestors and often they themselves have paid so dearly?


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