( N A T I V E A M E R I C A N N E W S )
This issue contains articles from FidoNet Indian Affairs Conference,
PeaceNet PNEWS, Usenet alt.native and soc.culture.native Newsgroups,
NATIVE-L and NATCHAT Mailing Lists, and by members of the Invisible Band.
<----<<<< >>>>---->
This newsletter is a way of keeping the brothers and sisters who share our
spirit informed about current events within the lives of those who walk the
Red Road.
It is archived at the Native American FTP site ftp.cit.cornell.edu
in the directory /pub/special/NativeProfs/newsletters; and is being
sent to gst@gnosys.svle.ma.us (Gary S. Trujillo) should he wish to
include it in his NATIVE-L or NATCHAT lists.
"Do not grieve. Misfortunes will happen to the wisest and best of men.
Death will come, always out of season. It is the command of the Great
Spirit, and all nations and people must obey. What is past and what
cannot be prevented should not be grieved for.... Misfortunes do not
flourish particularly in our lives -- they grow everywhere."
__ Chief Big Elk, Omaha
+- -- -- -- -- -- -- -- -- -- -- -+
| Indian Pledge of Allegiance | The Indian Pledge of Alleg-
| | iance was first presented
| I pledge allegiance to my Tribe,| on 2 December '93 during the
| to the democratic principles | opening address of the Nat-
| of the Republic | ional Congress of American
| and to the individual freedoms | Indian Tribal-States Relat-
| borrowed from the Iroquois and | ions Panel in Reno, NV. NCAI
| Choctaw Confederacies, | plans distribution of the
| as incorporated in the United | Indian Pledge to all Indian
| States Constitution, | Nations.
| so that my forefathers |
| shall not have died in vain | Walk in Beauty! Night Owl
+- -- -- -- -- -- -- -- -- -- -- -+
O'siyo Brothers and Sisters!
Many have reason to be happy. It is the time of year for many very
special gatherings. Remember the gift you receive is only good if you
share it in the best way you know with your family, your community -
and with those you don't count in your circle.
Mitakuye Oyasin! Night Owl
, ,
(*,*) Gary Night Owl gars%owlstar.UUCP@mathcs.emory.edu
(`-') P. O. Box 672168 gars@genie.geis.com
===w=w=== Marietta, GA 30067, U.S.A. gars@netcom.com
----------- News of the people featured in this issue ----------
Part A: FidoNet, Usenet and e-mail Part B: NATCHAT and NATIVE-L lists
- Keetoowahs Relocating - Conferences and Powwows - online
- Native-American Activism - Foundation to Preserve Sacred Site
/F.B.I. Misconduct - Wounded Knee Veteran
- Self-Determined Nations - Panel Reviewing Military Aircraft
- Western Shoshone Land Dispute - Mohawks' Struggle for Land Rights
- Mount Graham Victory - Mascots
- We Are Whole
- Poem: Standing Still
- Verse: Hawai'ian Book of Days
- Conferences and Powwows - offline
------------------ clip here for news feature -- 8< ------------
--------- "RE: Keetoowahs Relocating" ---------
Date: Jul-30-94 02:43:00
From: Mark Mullins (mark.mullins@f16.n3821.z1.fidonet.org)
Subj: Keetoowahs Relocating
FidoNet Indian Affairs Conference
I haven't noticed the following story on this echo. My apologies in
advance if this is old news, but it's certainly newsworthy for here, and
for Arkansans in particular as the first Indian land base in the state's
history (to my understanding) is being established..
From: The Waldron News - newspaper dated Wednesday July 20, 1994:
By Marty Backus,
In an exclusive interview with the Waldron News, John Ross, The chief
of the Keetoowah Band of Cherokee Indians, announced yesterday that the
Council of the Keetoowah tribe has elected Scott County to be their
place of relocation, since the federal Bureau of Indian Affairs has
approved the group's proposed move from Oklahoma to Arkansas.
"This is a historic event for our people and the State of Arkansas"
said Ross.
Last week Ross met with members of the Waldron Lion's Club and
recognized that Scott County was a strong possibility to where the tribe
was considering to relocate.
"Scott County was the tribe's preference because of the local support
not expressed elsewhere," explained Ross.
He also said that the group's relocation would benefit the county since
more than 70 percent of the proposed tribal land is national forest land
on which no property taxes are paid.
"We will be land owners and will be paying taxes like any other
individual in the community." said Ross. "It will not be necessary for
us to seek federal land," he said.
Ross emphasized that his people have no interest in gaming or
tax-exempt status. But, he did say his people would be interested in
other ventures, such as operating theme parks.
"Our long terms plans would include a theme park with an indoor arena
for tractor pulls, rodeos, basketball and amphitheaters for plays and
folk tales," Ross said.
The main reason the tribe wanted to relocate is they wanted to
establish it's own identity separate from the Cherokee Nation. Tribal
members live on federal land in Tahlequah that was given to the Cherokee
Nation.
Ross said that administrative people from his tribe will be coming to
the area to take care of all the necessary particulars that have to be
dealt with before moving any of his people.
He also said that they have not yet chosen a particular site, but felt
they would have a decision made in the near future.
*** and that's the article.. If you desire specific information as it
becomes available, you may desire to contact Wanda Gray in Waldron, AR.
I've personally met with her recently. I didn't know she was the mother
of a friend of mine until my phone call on 7-28-94 (a small world this
is!) Wanda is a former mayor of Waldron and a local historian who has
spend much time researching and keeping current with this development.
She is aware of this message being posted, so if you make contact with
her, please mentioned where you've learned it from.
Regards,
Mark Mullins - Russellville, AR
SLMR 2.1a * Drive nail here [] for new monitor.
--- WM v3.11/93-0244
Origin: Environment Arkansas! Little Rock, AR (501) 562-7969 (1:3821/16.0)
--------- "RE: Native-American Activism/F.B.I. Misconduct" ---------
Date: 12:22 PM Jul 30, 1994
From: DEB Wild-womyn ZACCONE <zaccone@gate.net>
Subj: Native-American Activism/F.B.I. Misconduct
[*******PNEWS CONFERENCES*********]
Indian Activist's Lawyer Recounts Trial, F.B.I. Misconduct
Although well-known authors have written about him, public
figures from the Rev. Jesse Jackson to Marlon Brando have
declared their support and congressmen have submitted amicus
briefs on his behalf, Native American Leonard Peltier remains in
prison convicted of murdering two F.B.I. agents on a South Dakota
Indian reservation 18 years ago, awaiting yet another appeal
decision.
A recent U.Va. conference for K through 12 teachers on
Native Americans, past and present, included a talk by law school
alumnus John C. Lowe, who was part of the defense team for Mr.
Peltier. Mr. Lowe also represented Robert Robideau, one of two
other Indians acquitted for the killings.
In addition to hearing Native American artists and scholars
speak, conference participants watched a documentary on the case
of the reservation murders called "Incident at Oglala," produced
by Robert Redford.
It has never been clear who fired first on June 26, 1975,
at the Jumping Bull residence on Pine Ridge Reservation or why
special agents Ronald Williams and Jack R. Coler pursued a red
pickup onto the property. What is clear is that the agents,
wounded after a shootout started, were then finished off at close
range. Although there were no eye witnesses to the execution,
according to Mr. Lowe, the F.B.I. brought the full weight and
power of governmental resources to the prosecutions of Robert
Robideau, Dino Butler and Leonard Peltier, all of whom were
leaders in the American Indian Movement (AIM), a civil rights
group active during the 1970s that stressed getting back to
traditional Indian culture.
During the shooting, a number of women, children and older
folks managed to leave the area unharmed. About 15 others,
including the three men later charged, escaped on foot despite
dozens of F.B.I. agents, state law enforcement and Bureau of
Indian Affairs police scouting for them and shooting, five
roadblocks set up around the property and at least one plane
trying to locate them. In the documentary, several Indians in the
party said one of them spotted an eagle and the group followed
its flight, which led to safety -- at least temporarily.
Mr. Robideau and Mr. Butler faced trial for aiding and
abetting in the deaths of the two agents a year later. Although
he fled to Canada, Mr. Peltier was extradited in December 1976
and found guilty of first-degree murder in April 1977. Former
U.S. Attorney General Ramsey Clark is currently representing him
in another appeal, for which Mr. Lowe wrote the brief, that he
did not receive a fair trial, and the decision could come any day
now. "I want to believe that they're working on an opinion that
will bring some justice to his case," said Mr. Lowe of the Eighth
Circuit Court of Appeals.
No one was ever charged with the death of one of the Native
Americans during the shootout.
Having made his reputation as a civil rights lawyer in the
South (and perhaps better known for filing suit against U.Va. in
1969 for not admitting women), John Lowe was urged to put his
name in the volunteer pool and was picked as Mr. Robideau's
lawyer. A flashy personality named William Kunstler represented
Mr. Butler. "No South Dakota lawyer would take any of the
Indians' cases," said Mr. Lowe, hinting at the anti-Indian
sentiment of many whites in the area at the time. Moving the
trial to Cedar Rapids, Iowa, didn't seem much better, but he said
Judge Edward McManus "bent over backwards to be fair."
One of the most distressing things about working on the case
was the F.B.I.'s misconduct. "I had been raised that the F.B.I.
could do no wrong. It was inconceivable to me that an agent would
lie on the witness stand or tamper with evidence," said Mr. Lowe.
"We one-two punched the government's case. We convinced the jury
there was reasonable doubt that Robideau and Butler were
responsible for the killings."
Some agents were openly weeping in the courtroom, they were
so surprised by the verdict, he said. "After the other two got
off, the F.B.I. wasn't going to let Peltier live peacefully in
Canada."
Mr. Peltier's extradition was based on fraudulent
affidavits, according to Mr. Lowe. FBI agents pressured false
statements out of a mentally incompetent woman named Myrtle Poor
Bear, in which she claimed to be Leonard's girlfriend and to have
seen him kill the agents. Not only did the two not know each
other, but it was later found that she was not at the scene that
day. The trial was mysteriously moved to Fargo, North Dakota, "an
extremely conservative community," added Mr. Lowe. The new lawyer
serving as lead counsel, Elliott Taikeff, did not follow Mr.
Lowe's advice or the same strategy that had worked in the
previous trial. "By the second or third day, I saw the
handwriting on the wall," sighed Mr. Lowe. "Every ruling went
against us."
With ballistics evidence, the FBI tried to prove that Mr.
Peltier was the only one using a semi-automatic weapon called an
AR-15, and therefore, the shell found in the trunk of one of the
agent's cars must have been fired by him, even though the shell
couldn't be definitely matched to the gun. Mr. Lowe said that
years later FBI documents made available under the Freedom of
Information Act showed the FBI knew that more than one AR-15 had
been fired at the scene.
"I'm satisfied that the answer [of who really killed the
agents] lies with that red pickup truck," he said. "That hurt the
FBI, because they had a record of an agent seeing that truck
leave right after the time of the murders," but at Mr. Peltier's
trial the prosecutors did their best to confuse the
identification of this vehicle.
Another tactic the prosecution used was making AIM seem like
a dangerous terrorist group. The jury was escorted by a S.W.A.T.
team and rumours were spread that AIM members were planning
violent activities, none of which occurred, for example.
"What I observed firsthand was AIM trying to do the right
thing. Nowadays these people are too busy surviving to be
political anymore, but a lot of them have been motivated to go
back to traditional ways," said Mr. Lowe.
He emphasized how bad life on the Pine Ridge Reservation had
become, due to violence as well as "the worst poverty I have ever
seen." Adult unemployment was a staggering 70 percent. Only one
in 50 families had a telephone, and the reservation was so vast,
police could easily be two hours away. "You heard about the goons
in the movie -- they were killers. When an unfamiliar car came
on your property, you grabbed your gun and turned out the
lights," Mr. Lowe explained. The goons, ("Guardians of the Oglala
Nation,") were a private police force hired by the corrupt
president of the tribal council, Richard Wilson, and paid with
federal highway funds. "Wilson and the goons kept things going
the way the bureaucrats wanted," he added. A good view of the
terror they created can be seen in the commercial film,
"Thunderheart," directed by Michael Apted who also did the
documentary, said Mr. Lowe.
This case shows the importance of police authority, he said,
when a teacher asked him to suggest what students could learn
from it. "When a police officer is dishonest in court, the whole
system breaks down. We have to prosecute them to let them know
that's not acceptable. We have to maintain high standards." He
also pointed to the reality of the devastating poverty as an
important lesson. On a more positive note, the case could serve
as "an inspiration to do what's right," he said.
"Some things are wrong, some things are right -- that's the
way I was raised."
--------- "RE: Self-Determined Nations" ---------
Date: Jul-29-94 11:40:36
From: Ait-Dau-Been-Gau (ait-dau-been-gau@f147.n59.z1.fidonet.org)
Subj: SELF-DETERMINED NATIONS
FidoNet Indian Affairs Conference
Regarding: Self-Determined Nations (in Message to Clyde Burdette)
hhhhhhhhhhhhhhhhhhhh -=p} .. Your Comments Were..// {p=- hhhhhhhhhhhhhhhhh
It just goes to show ya, I may NEVER understand NA culture as YOU
experience. Your perspective seems like a distortion of reality to me.
I do not want or try to offend you or others, but the manner in which you
express yourselves, its almost as though we live on different planets!
Our cultural differences are such that it seems to be an arbitrary
barrier to complete understanding, peace and cooperation.
What is this fight for independence you speak of?
Just what does the NA's of North America want?
Their lands back? Money? Casinos? For all non-natives to leave? Back-due
rent..
Or to secede from the "dominant" government and become a separate
sovereignty? Maybe the goals need clarifying to ALL concerned!!!!!!!
I for one was born here, my family has been here 200+ years. I ain't
leaving!
Does that make me an enemy of Native Americans?????????????????
hhhhhhhhhhhhhhhhhhhhhh -=p} // I Replied With.... {p=- hhhhhhhhhhhhhhhhhhh
There are many different worlds on this planet. You are in one, we are
in another.
Independence? Yes, we are sovereign nations like any other nation, with
our own governments, laws, culture, language, etc...
We do not want all the land back, just OUR land.
When our tribe first met the Lewis & Clark Expedition, the first
representatives of the U.S. Government, we treated them kindly. (We could
have killed them right off the bat without blinking an eye;) This set the
tone for further relations with the U.S. Government.
The first treaty with the United States Government was May 26, 1837, the
TREATY WITH THE KIOWA NATION - Ft. Gibson, Indian Territory. In it, the
Kiowa Tribe and the U.S. Government agreed to:
- Peace and friendship between the Kiowa and the U.S., Creek & Osage
- Old hostilities between us and the Creek & Osage forgotten
- injuries to property of whites or indians to be paid for by U.S. or
Kiowas
- hunting rights recognized to western limits of the United States (then the
Mississippi River)
- treaty will not affect Texas or Mexico trade.
The next treaty was in July 27, 1853,
TREATY WITH KIOWA, COMANCHE & APACHE - Ft. Atkinson, Indian Territory.
The agreement contained:
- peace and friendship between Kiowa, Comanche, & Apache and the U.S.
- U.S. authorized to make roads, posts and forts, and Congress authorized
to pass laws to protect rights of persons & property
- safe passage for U.S. citizens & payment for damages made
- cease raids into Mexico and return captives
- $18,000 a year for ten years in goods & merchandise
- U.S. agrees to protect tribe from U.S. citizens & reimburse members for
damages to Indian property
- President may withhold payments for treaty violation
- farms may be established instead of payment in goods
The next treaty was in October 18, 1865,
TREATY WITH KIOWA AND COMANCHE (LITTLE ARKANSAS TREATY) - Little Arkansas
River, Kansas
It contained:
- peace forever between Kiowa & Comanche and the U.S.
- for hostile acts by U.S. citizens or other tribes against Kiowas &
Comanches, the agent will settle disputes
- tribal members committing crimes to be surrendered to U.S.
- Reservation of 43 million acres created in western OK & Texas in exchange
for giving up land claims
- tribes can't leave reservation or camp near roads
- U.S. may build roads & posts, but tribe must be compensated for damage
to lands
- $10 ( and $15 after removing to reservation) for each tribal member, per
year for 30 years.
(Note: The treaties were never violated, except when Texas became a part
of the U.S. This caused confusion among the tribes, who had always fought
Texans when they were an independent nation. So we had another treaty where
it was clarified that Texas was now part of the U.S.) This lead to the:
The main Treaty in October 21, 1867,
TREATY WITH THE KIOWA & COMANCHE (THE MEDICINE LODGE TREATY) - Medicine
Lodge, Kansas
THIS IS THE TREATY THAT IS STILL IN EFFECT!!!!!!
In it contains:
- all war to cease between Kiowa & Comanche and the U.S.
- person harming Indians or their property will be punished
- Indians harming whites to be delivered to agent for punishment under U.S.
law, U.s. citizens harmed by Indians to be paid out of annuities if
Indian fails to pay.
- Oklahoma Reservation established - 3 million acres
- U.S. will build: agency, hospital, warehouse, quarters for - carpenter,
blacksmith, miller & engineer to assist the Indians building houses,
towns and other infrastructures such as roads, bridges, etc..
- Head of family can select 320 acre allotment from land
- U.S. authorized to pass probate laws & establish police
- Children between 6 and 16 required to be schooled and U.S. will provide
schools for such
- for every 30 children in school, 1 house will be built
- provision for framing (seeds & tools of up to $25) available
- U.S> to issue pants, socks, coats, hats, calico fabric and other clothing
such as blankets, etc...
- $25,000 a year for 30 years to purchase other goods
- tribes to give up all land outside reservation
- tribes to avoid U.S. citizens and permit no harm to them
- no part of the reservation can be sold or taken away again unless 3/4 of
adult males agree
- preference in hiring Indians and trading with Indians
- Indians to make reservation permanent home.
The next treaty was just an amendment to add on the Apaches to the original
Medicine Lodge Treaty
Oct 21, 1867 TREATY WITH THE KIOWA, COMANCHE & APACHE (SECOND MEDICINE LODGE
TREATY) - Medicine Lodge, Kansas
In it:
- Apaches agree to confederate with Kiowas and Comanches
- KIowas and Comanches agree to share treaty annuities with the Apache
- annual annuity increased to $30,000 a year per tribe
- Apaches give up their rights with Cheyenne- Arapaho
OK, we all lived on a 3 million acres reservation with each family having
320 acres. This was just fine with us, and this what we want today. THIS IS
THE LAND THAT WE WANT BACK!!!! ALL WE WANT IS OUR PREVIOUSLY AGREED TO
RESERVATION.
There were some raiding, but those came to an end in 1975. We were forced
to stay on the Reservation because the buffalo were all gone, and we were
dependant on this Treaty for our very survival.
OK, Kiowas, Comanches & Apaches are becoming all "Civilized". We have
productive farms, cattle herds, horse herd are everything is OK.
Then this is when THE REAL TROUBLE STARTED BETWEEN US AND U.S. BEGAN!!!!
In October 6, 1892 began the great U.S. Land Swindle!!!
THE JERMOME "AGREEMENT"
- to divide reservation into allotments
- remaining unallotted land to be opened to homesteaders
- Kiowas, Comanches, & Apaches to paid $2 millions
- fraud & mistranslations lead to protest by tribes
- Agreement failed to have required 3/4 vote of approval
OK! WE DID NOT AGREE TO THIS! BUT THE U.S. CONGRESS GOES AHEAD AND DOES IT
ANYWAY! IT WAS THE U.S. GOVERNMENT THAT VIOLATED THE MEDICINE LODGE TREATY,
NOT THE KIOWA, COMANCHES & APACHES!!!!! THE INDIANS WARS HAD BEEN OVER FOR
15 YEARS!!!!
June 6, 1900 JEROME "AGREEMENT" RATIFIED BY CONGRESS
- reservation allotted (approximately 500,000 of 3 million acres) to Indians
- 160 acres allotted to head of each household
- remaining 2,500,000 acres declared surplus
- reservation boundary remains intact
OK, we were leasing grassland to the big Texas Cattle Ranches, like the
Goodnight Ranch. The Chisolm Trail went right through the middle of our
reservation!! So the Rancher did NOT want settlers in the area gumming up
the works! So the Cowboys and Indians joined together to fight a legal
battle for 10 years against opening up the reservation for settlement!
(Strange, but true, the Texas Cattlemen put up the money for the best
lawyers that could be found, It was battled all the way up to the Supreme
Court!
BUT THE COWBOYS AND INDIANS LOST!!! CORRUPT U.S. GOVERNMENT SOLD US DOWN
THE RIVER!!!! THE SOONERS WON THE DAY!!
July 4, 1901 PROCLAMATION TO OPEN RESERVATION LANDS
- president authorizes opening of reservation to settlers
- land run, common elsewhere in Oklahoma, changed to lottery system
- August 6, 1901 - land opened to homesteaders
BUT THE RESERVATION BORDERS WERE NEVER ABOLISHED! Its like if a Japanese
buys land in here in America, that land DOES NOT BECOME APART OF JAPAN!!
Same thing here, all white settlers on our reservation land are STILL
UNDER THE JURISDICTION OF THE KIOWAS, COMANCHES & APACHES.
The problem is further compounded because each tribe is a SOVEREIGN
NATION ITSELF! So we have filed suits that are STILL ON THE DOCKET TO THIS
VERY DAY, STILL BEING FOUGHT IN COURT!!!!
The surplus grassland claim was finally settled in 1975, with the
tribes being paid for the grassland formerly leased to the Texas Ranchers,
but that still LEAVES THE REST!!!
On May 23, 1970 the KIOWA CONSTITUTION APPROVED
- tribal government formally re-vitalized in constitutional form separate and
apart from Comanches & Apaches
- power divided between Business Committee & Tribal Council
EACH TRIBE IN THE U.S. HAS A DIFFERENT STORY, DIFFERENT TREATIES AND
DIFFERENT PROBLEM!!! THE DAKOTA WANT THE BLACK HILLS BACK BECAUSE IT WAS
PART OF THEIR LAST TREATY WITH THE UNITED STATES.
No, we don't want ALL of it back (You guys have fouled it all up anyway, we
DON"T WANT it back!) ALL WE WANT BACK IS WHAT EVERYBODY AGREED TOO! IS THAT
ASKING TOO MUCH?????
The Navajo and Hopi have their Reservation intact, but they are in
disagreement with each other about which part is which tribes!
So we all have different problems, but it is with the U.S. Government.
The only problem I have with White People is they way we are treated. We
are the ORIGINAL AMERICANS, just treat us like one of you! Don't treat us
bad because we have dark skin. WE ARE NOT FOREIGNERS, DON'T TREAT US AS
SUCH!
YOU CAN KEEP YOUR PART OF AMERICA, JUST GIVE US OUR PART BACK!!!!
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
=-=-=- [CyberZone]: ALL OF OUR LAWYERS HAVE BEEN INDIANS AND COWBOYS!
--- VFIDO 6.20.00 Gamma Candidate 10
Origin: -=} CyberZone {=- (1:147/59)
--------- "RE: Western Shoshone Land Dispute w/U.S." ---------
Date: 12:58 AM Jul 31, 1994
From: DEB Wild-womyn ZACCONE <zaccone@gate.net>
Subj: Western Shoshone Land Dispute w/U.S.
[*******PNEWS CONFERENCES*********]
Western Shoshone land dispute with the UNITED STATES
In 1863 the U.S. government entered into the Treaty of Ruby Valley
with the Western Shoshone Nation. That treaty granted safe passage and
basic rights to white settlers moving into Western Shoshone lands. The
treaty guaranteed the sovereignty of the Shoshone people over their
traditional homeland,Newe Segobia. It was a treaty of friendship and peace.
Between the signing of the treaty and the turn of the century, hundreds of
Western Shoshone were killed by white settlers. In spite of the
persecution, the Western Shoshone maintained a largely peaceful
relationship with their neighbors. At no time did the Western Shoshone wage
war with the United States.
THE INDIAN CLAIMS COMMISSION
In the early part of the Twentieth Century, the U.S. began referring to
Western Shoshone territory as "U.S. public domain." In the 1930's the
Western Shoshone hired a law firm to assist in proving their case:
Wilkinson, Cragen, and Barker of Washington,D.C. In 1946 the Indian
Claims Commission (ICC) Act was passed into law. Presented as a liberal
reform, the ICC Act created a mechanism for settling U.S legal obligations
to indigenous peoples. The goal of the ICC was to financially compensate
indigenous peoples for lands that had been unlawfully claimed by the U.S.
Native Americans were not well-informed as to the purpose of the ICC. Many
believed that the ICC would mediate land disputes. Few were told that the
ICC's only form of grievance resolution was monetary compensation. The ICC
assumed that lands taken illegally were the property of the United States,
and no consideration was given to returning lands to the indigenous peoples.
In 1951, a claim was filed with the ICC on behalf of the Western Shoshone's
lawyer, Robert W. Barker. Many Shoshone were not interested in gaining
compensation, and most distrusted the U.S. court system. Barker found a
small group of Shoshone, mostly from the Temoak band, who were interested
in pursuing the ICC case. Barker appears to have arbitrarily chosen the
year 1872 as the time when Western Shoshone lands were taken by the U.S.
Barker also included lands in the claim that had never been in dispute.
The Western Shoshone realized that they had been misled by Barker and that
he had no intention of fighting for their ownership claim. Instead, Barker
was doggedly pursuing a case in which the Shoshone were assumed to have
already lost the land.
Beginning in 1974, the Western Shoshone attempted to stop the ICC process.
In 1976, the Temoak band fired Barker and hired a new attorney who accused
Barker of collusion with the U.S. government. The ICC refused to
acknowledge that Barker was no longer counsel for the Western Shoshone, and
the process continued over the strong objections of the people who were
supposedly being represented.
On August 15, 1977, the ICC ruled that the U.S. owed $26 million to the
Western Shoshone, based on an 1872 price of $1.05 an acre and more than
$2.5 million by the ICC for their assistance in resolving the land claim.
In 1979, the compensation money was deposited in a Bureau of Indian Affairs
trust account for disbursement to the Western Shoshone. The Western
Shoshone refused the money, maintaining that their religion prevented them
from selling land.
In the view of the United States, the ICC decision automatically proved its
claim to ownership of Western Shoshone land. The Shoshone were stunned by
the U.S. position, for they had never sold their land to anyone. Most
Shoshone had refused to participate in the ICC process. Others were led to
believe that the ICC would compensate them for damages, but that title to
the land would remain in Western Shoshone hands. The supporters of the ICC
process had assumed that their lawyers would support their claim
of ownership by virtue of the Treaty of Ruby Valley. Now they were faced
with an ICC declaration that the land belonged to the United States.
FURTHER DUPLICITY
When U.S. settlers moved into Newe Segobia, they destroyed the basis for
the Western Shoshone livelihood. Pinon trees, whose nuts were an important
source of food, were ripped from the ground to make room for cattle. Deer
and antelope were killed as food for the settlers or to eliminate
competition for grazing range. And the U.S. used the railroad right-of-way
(granted by treaty) to grant land to white settlers and displace many
Western Shoshone from their homes. In the end, the Western Shoshone
were forced to find new ways of surviving. Many turned to ranching for
sustenance.
The Dann family created a niche among the white settlers, working hard to
build a small ranch. The ranch was too small to sustain the family, and the
U.S. government had already allocated most of the public lands grazing
permits to white settlers. Sisters Mary and Carrie Dann now graze cattle
and horse on public lands that are unused by their neighbors.
Starting in 1973, U.S. agencies began to confront the Dann sisters. A U.S.
Bureau of Land Management (BLM) ranger charged the Dann sisters with
trespassing, since they did not have a permit for grazing cattle on what
BLM considered to be U.S. public lands . The Dann sisters maintained that
they did not need permits to operate on lands that are part of the Western
Shoshone Nation. The trespassing case was taken to U.S. District Court in
Reno, Nevada, where the judge requested proof from the government that the
land was no longer owned by the Western Shoshone. While the U.S. government
could not provide a single piece of evidence that title to the land had
been transferred, they cited the 1977 ICC decision as proof that the
transfer had been occurred. The U.S. government simply stated that the
land had been transferred because the U.S. government said it had been. The
judge in Reno accepted the U.S.arguments, fined the Danns $500, and ordered
them to leave the land.
The Danns appealed the decision. Finally, a Ninth Circuit Court of Appeals
decision in 1978 agreed with the Western Shoshone that the land had never
been transferred to the U.S. The case was returned to the District Court in
Reno for a trial to determine the ownership of the land. After a
year-and-a-half of delays, presiding District Judge Thompson ruled that the
Western Shoshone had title to the land until 1979. The BIA's acceptance, on
behalf of the Western Shoshone, of the ICC compensation award had
erased the native title to the land. In effect, the U.S. government paid
itself for land that had not been sold, claiming the land from the Western
Shoshone people - people who had never wanted or accepted payment for their
homeland.
The Danns appealed the case to the Supreme Court, which affirmed the lower
court rulings against the Western Shoshone in 1985. The Danns continue their
struggle to prove that their land was never sold or given to the U.S.
CURRENT EVENTS
In 1991, BLM began conducting raids to round-up Dann-owned livestock. The
Western Shoshone National Council (WSNC) decided to act as a sovereign
nation to protect the property of its citizens from the external threat
posed by U.S. agents. The WSNC nationalized the disputed Dann animals in
March of 1992. A raid by BLM in April 1992 was thwarted by the peaceful
resistance of the Danns and their supporters.
On November 19, 1992, BLM attempted another round-up, this time capturing
more than 150 horses. Forty-four of these horses were Dann property, and
the rest were wild animals. Two horses were killed when driven into fences.
In court, BLM agent Joe Morris admitted under oath that the November
round-up violated BLM's own regulations governing the Wild Horse and Burro
program. Clifford Dann, brother of Carrie and Mary, was injured and
arrested when he attempted to stop BLM agents from taking the captured
horses. Blocking the road with his truck, Dann stood in the bed, doused
himself with gasoline, and announced that he would set himself on fire if
BLM agents did not release the horses. Dann declared "By taking away our
livelihood and our lands you are taking away our lives." After speaking
with Dann's sister Carrie, agents convinced Dann to leave his vehicle. When
Dann approached officers, still carrying the plastic container of gasoline
and a lighter, the officers assaulted him with fire extinguisher and
wrestled him to the ground.
Dann decided to use his trial as a venue for arguing Western Shoshone
jurisdiction over their lands. At an evidentiary hearing on March 2, 1993,
Dr. Bruce Clark argued that the U.S. claim to ownership did not translate
into jurisdiction. Clark, who is a well-known and respected expert on
indigenous sovereignty issues, stated that the Western Shoshone National
Court had jurisdiction and ruled that ownership implies jurisdiction, and
the trial of Clifford Dann proceeded.
On March 4, 1993, Clifford Dann was convicted in U.S. Circuit Court on a
charge of assaulting a federal officer during a raid by U.S. land
management authorities. Dann faces a 35-month minimum sentence on the
charge. He is being held without bail at the Washoe County Detention
Facility, until his sentencing on May 17. An appeal has been filed in
Dann's case.
CONCLUSIONS
The fight continues, with the U.S. government throwing its financial and
legal might behind its theft of Western Shoshone lands. The Western
Shoshone continue to maintain and believe that their land was never taken,
sold, or given to the U.S.
- by Scott Robert Ladd, Coyote Gulch Productions
For more information or to help:
Western Shoshone Defense Project
General Delivery
Crescent Valley, Nevada 89821
(702) 468-0230 Voice
(702) 468-0237 Fax
--------- "RE: Mount Graham Victory" ---------
Date: Thu, 28 Jul 1994 12:46:29
From: seac-sw@indirect.com (The Lorax)
Subj: Mount Graham Victory!!
Newsgroup: soc.culture.native
JUDGE RULES TO PERMANENTLY STOP FURTHER DESTRUCTION ON MOUNT GRAHAM
UNTIL NEPA AND ESA ARE FULFILLED
Judge Marquez has ruled, in favor of the 21 plaintiffs, to send the
telescope project back for studies. He has enacted an injunction until the
site, that was clear-cut on Dec. 7, 1993, has undergone studies required
under the National Environmental Policy Act (NEPA) and Endangered Species
Act (ESA).
Today was a clear victory for Mount Graham. Many environmental and
cultural groups have been asking that the University of Arizona's unlawful
Emerald Peak clearcut be subjected to scientific study. For the first time
in the history of the project Emerald Peak will be studied to determine the
real impacts that the telescope project will have on the ecologically
isolated mountain top.
The University of Arizona has stated that they will appeal the decision,
further delaying the long sought after Environmental Impact Study of Emerald
Peak.
"If the University of Arizona were truly interested in scientific process
why would they stand in the way of a court ordered study," said Eric
Glitzenstein, the Mount Graham Coalition s Lawyer. "It would seem to us
that the University would want to get on with the process, rather than
promote further delays."
"We are very excited. It has been a long time coming, finally the
University of Arizona will be held accountable for its environmentally
destructive activities on Mount Graham," said Shane Jimerfield, of SEAC-
Southwest.
--------- "RE: We Are Whole" ---------
Date: Fri, 29 Jul 1994 16:45:49 GMT
From: Whitecoyote@jpl.nasa.gov (Charles White Coyote)
Subj: We are whole. Always were.
Newsgroup: soc.culture.native
We are whole. We are all mixed blood. Check the rolls!! Call the
tribal enrollment office(s). (Don't expect an answer (grin).)
If you want to know what spiritual is... then go to the tribal elders
homes. Look on their walls, on their shelves. What do you see?
Pictures. Pictures of children. Pictures of their children's
children. Pictures of their parents, and maybe their parents.
Indian? Non-Indian? Check for labels under the pictures. You won't
find any.
There's your religion right there! There's the culture right there!
Mixed bloods all.
Someone comes with a book and pencil and starts asking questions.
They write it down wrong and they can't even understand our concepts
of life, creation, and spirit. Then they publish their book about our
family, and all our friends. Outsiders read the book. The outsiders
then give our family numbers "so we don't loose track." Then the
outsiders read the book to us and tell us we are not living up to
"being Indian."
After awhile our family believes it all. So confused, battered,
feeling like we are in pieces (1/2). Keep talking folks. I still
say this "finding myself" is bunk! If you are lost go to the mall,
there is a big monolith with an arrow that says, "you are here." You
are now found. Start with yourself from the heart. Begin by telling
yourself, "I am whole."
We are whole. We are all mixed blood. Look for the pictures.
--Charles Phillip Whitecoyote,
born Ojibway... hopefully will die Ojibway!
---------------------------------------------------------------
\|/ The comments above are mine alone. Do not
/ \ attribute my mad ravings with JPL, NASA, or
/ o \ CalTech, nor the United States, the Federal
Republic of Germany, the Red Lake or White Earth Bands of the
Great and Sovereign Chippewa Tribe, my wife (for she maintains
her own ravings), nor my dog "Pepsi", nor the New Politically
Correct World Order. (Hi Mom!)
Chippewa, Anishinabe, Ojibway, Ojibwe, Ojibwa, Otichape,
Rabbit-choker, just don't call me late for dinner!
--------- "RE: Poem: Standing Still" ---------
Date: 2 Aug 1994 12:53:06 -0500
From: turtle@aicap.s21.com (Turtle Heart)
Subj: Standing Still
Newsgroup: alt.native
i have taken the stones
which the the angry winds have thrown
I have gathered them
I have rolled them into the womb
i have taken sparks
from the thunder in the road
i have taken water
from the old woman's eyes
I have crawled inside
I have
eaten myself
I have grown strong
Tobacco Indian
--
Turtle Heart turtle@soft21.s21.com (Ahnishinabeg)
American Indian Computer Art Project BBS 619-374-2100
Land of Kaw-ii-su ancestor: Land of Light
--
--------- "RE: Verse: Hawai'ian Book of Days" ---------
Date: 94/07/31 16:03
From: Kepola (dfsanders@genie.geis.com)
Subj: A HAWAI'IAN BOOK OF DAYS, week of August 7-13.
GE Electronic Mail
A HAWAI'IAN BOOK OF DAYS, week of August 7-13
AUKAKE
(August)
(Mahoe-mua)
7
Take time to look at clouds and sunsets and the beauty of nature.
8
Make your mind a quiet place of peace and solitude.
9
No truth is ever absolute.
10
The orchid embodies the perfection of diversity.
11
Never be afraid to experience life.
12
The song of the ocean is captured forever in the tiniest shell.
13
Wherever I journey, this place of wonder walks by my side.
(c) Copyright 1991 by D. F. Sanders
Me ke aloha i ka nani, ... Moe'uhanekeanuenue
(With love and beauty, ... Rainbow Dream)
--------- "RE: Conferences and Powwows - offline" ---------
Date: Thu, 4 August 94 08:00 -0500
From: Janet Smith (Evening Star) (jans@genie.geis.com)
Subj: Upcoming conferences and powwows not previously posted
to Mailing Lists NATCHAT or NATIVE-L
GE Electronic Mail
=POWWOWS=
We invite your active participation in a worldwide interactive conference
(September 27-30, 1994) supported and endorsed by the United Nations
International Year of the Family. Together for Tomorrow will bring together
individuals from all sectors and ages in society on the Internet and in
person to discuss how we can practically promote intergenerational respect,
caring, and cooperation. The content of this conference is timely given the
aging of the world's population.
Internet participants will interact with 400 people gathered in
Minneapolis. Together, we will produce a set of international
intergenerational principles, develop a worldwide strategy for action, and
help build a network of intergenerational thinkers and actors. Madame Jehan
el Sadat will keynote the conference. She will be followed by host of
presenters and participants who will offer practical recommendations on how
to use the intergenerational perspective to give new insights on a wide
variety of issues and worldwide concerns. These recommendations will be
included in a final report which we will submit to the United Nations, and
the upcoming, United States White House Conference on Aging in May, 1995.
This conference should be of interest to you because Aboriginal
participation is important to developing a more complete intergenerational
perspective. It will also be important to explore the numerous
contributions Aboriginal people could make to the development of
intergenerational principles, actions and how to develop networks.
To register for the conference:
By Mail: Send mail to majordomo@commonweal.com. In the body of your
message, type "send UN". You will receive a registration form via email.
By World Wide Web (Mosaic, Cello etc.): Open http://commonweal.com/
From: mwilson@convex.csd.uwm.edu (Michael)
From: Oneida Indian Nation of NY <ny000953@mail.nyser.net>
NEWS FROM THE ONEIDA INDIAN NATION OF NY, 8/1/94
ONEIDAS' CONTRIBUTIONS REMEMBERED - A two-day observance of the
217th anniversary of the Battle of Oriskany will be held this
weekend (August 6,7) at the Oriskany Historic Site off Route 69
east of Rome. The Oneida Nation was the only one of the five
original nations of the Iroquois Confederacy which sided with the
Colonists during the Revolutionary War. The Battle of Oriskany
was one of the bloodiest campaigns of the 8-year war, and where
many Oneidas risked and lost their lives. Keller George, Special
Assistant to Nation Representative Ray Halbritter, will offer
words during Saturday's opening address at 10:05 a.m. This event
is open to the public.
Aug 11-14 Omak Stampede Ind. Encampment, Omak, Washington
Info: 509-634-8869
Aug 11-14 Shoshone-Bannock, Ft. Hall, Idaho
Info: 208-238-3700
Aug 12-14 Zuni Arts Cultural Expo '94', Zuni Pueblo, NM
Info: 505-782-2869
Aug 12-14 Lower Brule Powwow, Lower Brule, SD
Info: 605-473-5561
Aug 12-14 Ilcot Champions, Tulsa, OK
Info: 918-836-1523
Aug 12-14 14th Bad River Powwow, Odanah, WI
Info: 715-682-7102
Aug 12-14 Nesika Illakee Powwow, Siletz, OR
Info: 800-922-1399
Aug 12-14 Annual Red Lake Nation, Red Lake, MN
Info: 218-679-3341
Aug 12-14 Ermineskin Powwow, Hobbema, Alberta
Info: 403-585-3741
Aug 12-14 11th Lac Vieux Desert Powwow
Watersmeet, MI
Info: 906-358-4227
Aug 13-14 4th Trinity Farms Powwow, Pataskala, OH
Info: 614-228-9479
Aug 13-14 Grand Portage Rendezvous, Grand Portage, MI
Info: 218-475-2277
Aug 13-14 7th Annual Tyendinaga Powwow, Tyendinaga Mohawk Territory
Info: 1-613-396-3194
Aug 13-14 Mohawk Trail Powwow, Charlemont, MA
Info: 413-339-4096
Aug 13-14 18th Leonard J. Pamp Powwow
Burlington, MI
Info: 616-729-9434
Aug 13-14 3rd Annual Thousand Island Powwow, Clayton, NY
Info: 1-315-434-9236 (9-5), 1-315-446-9128 (night)
Aug 13-14 14th Annual Paumanaukee Powwow and Native American Living
Arts Festival, Copiague, LI
Info: 1-516-661-7558
Aug 12-13 10th Annual Eno-Occaneechi Powwow, Mebane, NC
Info: 1-919-563-4640
Aug 13-14 3rd Annual Virginia Native American Cultural Center Powwow
Ashland, VA
Info: 1-804-769-4839
Aug 13-14 National Native American Festival and Powwow, Macon, GA
Info: 1-404-215-0604
Aug 13-14 "Who will mourn for Logan" Powwow, Wellsburg, VA
Info: 1-717-955-5177
Aug 15-20 American Indian Expo, Anadarko, OK
Info: 404-247-6651
Send notices of forthcoming powwows, conferences and gatherings to:
jans@genie.geis.com
gars@netcom.com