Transcript What are Treaties?

America’s Indigenous People and the Use
of Treaties as a Tool of Colonialism
Benjamin's West's William Penn's Treaty with the Indians, painted in 1771
At the time of Contact with Europeans in
AD 1492, there were more than 10,000,000
Native Americans.
In 1892 there were fewer
than 250,000.
Most were killed by epidemic
diseases, not warfare.
An early image of Native
American with smallpox
Contemporary work by Jaune
Quick-to-See Smith, with smallpox
in second row on paper dolls
Most Americans also believe that Indians are
pretty much dead and gone.
They aren’t. There are now 568 federally recognized tribes and
more seeking recognition. In the last census, nearly 2,800,000
identified themselves as Indian.
Picking up the frozen
bodies at Wounded Knee
The Mass Grave at Wounded knee
Many Americans believe the Indian tribes were
conquered. They also believe that manipulating
treaties was a legitimate method of conquest.
Yes, bad things did happen in the past, but that was a
long time ago. Why can’t Indians just move on?
Why not? The history of events is too recent.
Wounded Knee happened 118 years ago.
The famous Apache warrior Geronimo surrendered in 1886 and
appeared at the Louisiana Purchase Exposition in 1904 in St.
Louis where he sold Geronimo souvenirs. He rode in President
Theodore Roosevelt's 1905 inaugural parade, 103 years ago.
In 2003, Residents of Redwood Falls, MN refused to allow the
Dakota to take over management of the Lower Sioux Agency
Historic Site, where Indians killed many non-Indians in the
Dakota Uprising of 1862. Markers still show where their bodies
fell in the fields and along the roads.
The Mass Grave at
Wounded knee today
Why can’t Indians just be like other Americans?
Yankton (Sioux) delegation in
Washington, DC circa 1912
“The Light” goes to WashingtonGeorge Catlin, 1832
Navajo Man
Transformed by Carlisle
Indian School
Because disease had killed many people, some
non-Indians thought the land was empty and
theirs for the taking, something they believe that
their God had ordained.
They wanted Indian lands, so they needed ways to take it.
Some Indians think they made a mistake
by even letting Europeans come!
Let alone, trying to get along with them.
Treaties were one method they used.
A Question of Sovereignty
What are Treaties?
A treaty is an agreement under international
law entered into by actors in international law,
such as states and international organizations.
A Treaty may also be known as: (international)
agreement, protocol, covenant, convention,
exchange of letters, exchange of notes, or a
memorandum of understanding.
All of these international agreements under
international law are equally treaties and the
rules are the same.
Treaties are like contracts where groups agree
to assume certain obligations; if they fail to
meet obligations, they may be held liable
under international law.
An early treaty signed by
President James Buchanan
in 1855 with tribes in the
state of Washington
Read the Wikipedia entry on treaties
Why do nations make treaties?
Governments write treaties for many different reasons:
– In order to prevent war over disputed areas.
– In order to gain ownership of an area of land.
– In order to gain access to resources in a given
area.
– Almost anything of a shared concern or interest
between nations.
For and against use of treaties
• For
– Can be used in order to avoid
major conflicts that could lead
to war.
– Can help protect the rights of
one or both parties, by getting
an agreement in writing.
• Against
– If not written clearly,
misunderstandings can lead to
further disagreements.
– Could be used to take
advantage of other group.
Governments can use treaties as
tools of conquest and colonialism.
Indians who are enrolled members
of federally recognized tribes are
actually “super-citizens.”
Why?
Because of treaties their ancestors
signed with the US government
This leads to stereotyping and resentment
from non-Indians who think that Indians
are getting a “free-ride.”
They aren’t. They are getting what the
treaties promised their ancestors.
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;”
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.
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.
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.
US Government Treaties with Indians
The United States government made more than 370 with Native
American tribes
All of the treaties were broken.
Not one was broken by Indians until after the government broke it.
Not one was ever rescinded by Congress.
All of them are still in effect:
“…so long as the grass grows and
the rivers flow.” Ft. Laramie Treaty, 1868
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
A guarantee of land
Friends and Brothers - By permission of the Great Spirit above, and the
voice of the people, I have been made President of the United States, and
now speak to you as your Father and friend, and request you to listen. Your
warriors have known me long You know I love my white and red children,
and always speak with a straight, and not with a forked tongue; that I have
always told you the truth. I now speak to you, as my children, in the
language of truth-Listen.
Where you now are, you and my white children are too near to each
other to live in harmony and peace. Your game is destroyed, and many of
your people will not work and till the earth.
Beyond the great River Mississippi, where apart of your nation has
gone, your Father has provided a country large enough for all of you, and
he advises you to remove to it.
There your white brothers will not trouble you; they will have no
claim to the land, and you can live upon it you and all your children, as long
as the grass grows or the water runs, in peace and plenty. It will be yours
forever. For the improvements in the country where you now live, and for all
the stock which you cannot take with you, your Father will pay you a fair
price.
Where you now live, your white brothers have always claimed the land. The
land beyond the Mississippi belongs to the President and to no one else;
and he will give it to you for forever....
President Andrew Jackson to the Muscogee (Creek)
Forever lasted about 50 years…
Custer’s Black Hills Expedition, 1874
Forever lasted 6 years!
He sapa
‘The heart of everything that is’
Paha sapa —
the Black Hills
Current claim value: $712,404,323
Sovereignty and Authenticity:
A Lakota Case
The Lakota Freedom Delegation is the powerful realization of an ongoing
process lasting no less than 33 years. Despite criticism the Delegation
does not speak for the Lakota people, Delegation representatives have
been in ongoing communication with the traditional chiefs and treaty
councils all across Lakota.
With this in mind, the Delegation does not act for Colonized or “hang
around the fort indians”, and/or other Lakota people unwilling to be free.
In 1974, the first International TREATY Conference at Wakpala on the
Standing Rock Sioux Indian reservation in what is now called South
Dakota was where the Declaration of Continuing Independence was
created.
The first mandate was to become recognized by the International
Communities, September 2007, when the United Nations passed the
Declaration of Indigenous Rights.
The second mandate is to return to our original status as free and
Independent Nations. On December 17, 2007, Lakota notified the
Department of State of the United States of America, we are unilaterally
withdrawing from all Treaties and Agreements entered into between the
United States of America and Lakota.
http://www.republicoflakotah.com/
A Declaration of Independence
Mni yuha Najin Win (Phyllis Young) and Oyate
Wacinyapin (Russell Means) at December 19,
2007 Press Conference
Teghiya Kte (Gary Rowland) speaks at Press Conference
TO:
The United States of America;
The States of: Montana, Wyoming, North Dakota, South Dakota and Nebraska;
The County and Municipal Governments Operating within the Republic of Lakotah; and All Private Owners of Real
Estate within the Republic of Lakotah
Lakotah, through its government, have appointed representatives to withdraw from all the treaties with the United
States of America.
Lakotah, through such representatives, have formally withdrawn from all agreements and treaties with the United
States of America. The reinstitution of our freedom and independence is found in law.
Lakotah has reclaimed sovereignty as a nation and over its traditional lands.
Despite many years of repeated bad faith on the part of the United States government towards the Lakotah People,
the Lakotah hold no animosity toward the American people, most of whom have had no part in the actions of their
government. We wish to deal with the American people in good faith and in a win-win manner.
While we have the right to impose liens on all of the real estate in our country, we prefer to come to resolutions with
you all with out resorting to such measures. Accordingly, at this time, we are only declaring liens on real estate held
by governments foreign to the Republic of Lakotah, but not on real estate held by private parties.
The Declaration of Independence, the Constitution of the United States of America and the Vienna Convention on the
Law of Treaties substantiate this freedom.
Lakotah welcomes the opportunity to meet and discuss this matter. We are in the process of scheduling meetings
and will issue public invitations. Should you desire input with regard to scheduling these meetings, please contact
us at the above.
Russell Means, Chief Facilitator
Provisional Government
Republic of Lakotah
Many Americans would like Indians to give
up all treaty rights.
Should Indians be pressured into giving up these
rights for which their ancestors and often they
themselves have paid so dearly?