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What Do We Owe the Indians?

By Paul VanDevelder | American History  | 22 comments  | Print This Post  | Email This Post

What Yellowtail describes with the sweep of his hand is not so much a physical place as a metaphorical landscape where epic legal battles over the allocation and distribution of rapidly diminishing natural resources are destined to be fought. Tacitly, those looming battles echo a question that Americans have finessed, deflected or avoided answering ever since the colonial era: What do we owe the Indian? Long before the United States became an independent nation, European monarchs recognized the sovereignty of Indian nations. They made nation-to-nation treaties with many of the Eastern tribes, and our Founders, in turn, acknowledged the validity of these compacts in Article VI, Clause 2 of the U.S. Constitution, which describes treaties as “the supreme law of the land.” Once the Constitution was ratified, the new republic joined a pre-existing community of sovereign nations that already existed within its borders. Today, the United States recognizes 562 sovereign Indian nations, and much of what we owe them is written in the fine print of 371 treaties.

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In 2009, Indians comprise about 1 percent of the population, and irony of ironies, the outback real estate they were forced to accept as their new homelands in the 19th century holds 40 percent of the nation’s coal reserves. And that’s just for openers. At a time when the nation’s industrial machinery and extractive industries are running out of critical mineral resources, Indian lands hold 65 percent of the nation’s uranium, untold ounces of gold, silver, cadmium, platinum and manganese, and billions of board feet of virgin timber. In the ground beneath that timber are billions of cubic feet of natural gas, millions of barrels of oil and a treasure chest of copper and zinc. Perhaps even more critically, Indian lands contain 20 percent of the nation’s fresh water.

Tribal councils are well aware of the treasures in the ground beneath their boots and are determined to protect them. Fifteen hundred miles southwest of Yellowtail Ranch, Fort Mojave tribe lawyers thwarted a government nuclear waste facility in Ward Valley, Calif. Eight hundred miles east of Ward Valley, Isleta Pueblo attorneys recently won a U.S. Supreme Court contest that forced the city of Albuquerque to spend $400 million to clean up the Rio Grande River. Northwest tribes won the right to half of the commercial salmon catch in their ancestral waterways, including the Columbia and Snake rivers. And, after a 20-year-long legal battle, the Potawatomi and Chippewa tribes of Wisconsin prevented the Exxon Corporation from opening a copper mine at Crandon Lake, a battle Indian lawyers won by enforcing Indian water rights and invoking provisions in the Environmental Protection Agency’s Clean Air Act.

The Indian Wars of the 19th century were largely fought over land because the federal government refused to uphold its various treaty obligations. The spoils in the 21st-century battles will be natural resources, and underlying those battles will be the familiar thorn of sovereignty. “Back in the old days,” says Tom Goldtooth, the national director for the Indigenous Environmental Network, “we used bows and arrows to protect our rights and our resources. That didn’t work out so well. Today we use science and the law. They work much better.”

None of our laws are more deeply anchored to our national origin than those that bind the fate of the Indian nations to the fate of the republic. And none of our Founding Fathers viewed the nation’s debt to the Indians with greater clarity than George Washing­ton. “Indians being the prior occupants [of the continent] possess the right to the Soil,” he told Congress soon after he was elected president. “To dispossess them…would be a gross violation of the fundamental Laws of Nature and of that distributive Justice which is the glory of the nation.” In Washington’s opinion, the young war-depleted nation was in no condition to provoke wars with the Indians. Furthermore, he warned Congress that no harm could be done to Indian treaties without undermining the American house of democracy.

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  1. 22 Comments to “What Do We Owe the Indians?”

  2. I like to hear of the old History of the Indians.I myself am 1/2 Cherokee & feel like the Indians of America have been shoved out in the cold.I even have ancestors who were on the “Trail of Tears” from East Tennessee to Oaklahoma to the Reservation there. This was done all because the white man found gold in the mountains of East Tennessee.Such a shame to our ancestors, May they rest in PEACE.

    By Wayman S Mercer on Apr 8, 2009 at 11:45 pm

  3. This provides and exc ellent summary and timeline of US government and Native American interactions.

    By Sandra Hayley on Apr 9, 2009 at 1:22 pm

  4. Being of Native American, African American and Irish American descent I am elated that finally this history about Native American is being told. It’s a shame that so many of my people have passed away without any recognition, fleeced of financial gain, robbed of their heritage and then regarded as savages. There is no reason why people in our county should be poor if the greedy would stop trying to cheat property owners, mineral right owners etc. out of what is rightfully theirs. Compensation has been made for some but not all.

    By M. L. Nelson on Apr 9, 2009 at 1:29 pm

  5. The United States Government threw the use of forced removel and uninforced laws has taken not onle the land of the Cherokee peoples of Georgia, but their indentity as well. The sudden seperation from their native lands, the scattering of their peoples who ran away in every direction. The worst part of all was for those who did not run, those who stayed till the removel suffered the greatest, they had to watch as, one by one, as they lost their young and their elderly on the Trail of Tears. Those elders held all the knowledge of their past history inside of them, when put into contex leaves the Cherokee people without their identity or their history. That also took the direction of their future too.
    Today, identity thieft is a crime, but the Federal Government still is destroying Native Peoples idenity threw distuction of Indian Mounds ect. all in the name of progress and new construction. I will end with a quote from a founding member of the Trail of Tears Ass.

    ‘If man cares not for his roots, then how can he care for his branches?’ –Doyle M Davis

    serving only my history, my heritage and my heart,
    David M. Fowler Jr.
    Head of Coosa Ga.

    By David M.Fowler Jr. on Apr 13, 2009 at 3:42 pm

  6. There should be a native american history month.

    Also, there should be moves to increase tribal soveriegnty over their remaining lands.

    A thoroughly sad history.

    By Charles laster on Apr 14, 2009 at 2:53 pm

  7. I realize that the culture of the American Indian has been all but destroyed. But their ravenge has been the CASINO.

    By Charlie Eyster on Apr 15, 2009 at 3:32 pm

  8. America owes the Indigenous people ALOT! I, being of the Seminole & Northern Arapaho nations, believe that Natives not only are due an apology, but some sort of payment. Now, I highly doubt that some sort of payment will happen, at least America could recognize what it has done, by acknowledging the robbing, raping & pillaging of this whole continent.

    By Elisa Emarthle on Apr 26, 2009 at 4:54 pm

  9. The historical face of America has many ugly scars. The treatment of the American Indian is a horrible, ghastly, ugly scar that has virtually been covered over by no less then our waving banner comonly referred to as ” OLD GLORY “. Dont get me wrong, I love our flag and have served our country, but I’m 72 yrs. old and have stated openly and publicly since I was a child that ” Custer and his kin got exactly what they deserved at Little Big Horn “. What do we owe the Indian? A debt so large that it can only be paid by the forgiving grace of Allmighty God !

    By John Lea on May 1, 2009 at 2:59 am

  10. The article was very relevant and a deserving indictment of our culture/country and the darkest pert of our history. I was aware of most of the trasvesties described, although I am a ‘dumb white guy’. In recent years I have gone to many powwows, and al-though those are just giving bits and pieces of Native culture, I have come to realize that the Indigenous way of life is very much superior to the frantic, abusive, and greedy euro-centric prevailing culture. Quite possibly, that ‘normal’ society will come to deperately need to learn the Native way in order to survive one day – and that day might not be very far away. In other words – ‘what goes around comes around’.

    By Mike Rubinfeld on May 18, 2009 at 12:12 pm

  11. It is a sad day and it is becoming worse everyday in indian country. I grew up on my rancheria with my great grandmother Virginia Timmoms, she lived here with her mother and father and remained here after their deaths. We have lived on this property since the 1930’s In 2002 the tribe, Redding Rancheria and the tribal chairperson Barbara Murphy started a rumor that my grandmother was not the daughter of my great grandmother. My grandmother was born in 1916 at home and did not have a birth certificate. The tribe, with millions of dollars at stake to spead with the disenrolling of the Foreman family, 76 out of a tribe of 300, would not take census records BIA documents, historical and medical, plus personal witnesses, so we were forced to exhume the bodies of both mother and daughter to give them DNA, 99.987% that they are indeed mother and daughter the tribe let the members vote by secret ballot to vote us out. Greed won and we lost, I still live on the rancheria with my family, trust land. No justice, to due process and no place to have our case heard in an un-biased venue. It is a cancer that will end up destroying indian country. Please visit http://www.tribalcorruption.com for more information, thank you for your time, Bobby Foreman

    By Bobby Foreman on May 18, 2009 at 4:09 pm

  12. What we owe the Indians is about 3 million square miles of land, plus interest.

    By X on May 25, 2009 at 1:17 am

  13. The status quo continues on how the Native American’s are treated in this country, with or without land. Grandpa John Stands In Timber said it would not change which the Cheyenne’s are forgetting/not interested in. Someone should video tape or photograph the Northern Cheyenne Reserv-
    vation before the coal is removed.

    By Alvina Firecrow on May 27, 2009 at 7:20 pm

  14. It’s apparent that we totaly overran this Continent.

    By David Ringler on Jun 3, 2009 at 8:59 pm

  15. The Indians were killing themselves before the White man even got here. So we did what they were already doing. The Indian’s problem was really their numbers. There weren’t millions of Indians here on the continent, most tribes numbered in hundreds vs. thousands of people. Millions of Europeans and other nationalities resettled in this country and almost immediately outnumbered the indians.

    By Jim on Jun 5, 2009 at 12:17 pm

  16. Honor the treaties, Pay up or get off the land that was stolen!

    By Daniel on Jun 5, 2009 at 10:13 pm

  17. Unenlightened Jim Article 6/5/09

    “The Indians were killing themselves before the White man even got here.”~ True! the American Indian Tribes were battling each other for prestige, hunting grounds & tribal honor. The way in which they conducted their battles is where you lost your case! Study the acts of, “counting coup”. Any blow struck against the enemy counted as a coup, but the most prestigious acts included touching an enemy warrior, with the hand or with a coup stick, then escaping unharmed. Some American Indian Tribes used Lacrosse, originating in the Indian nations of mid-America. In many Native American societies/tribes, the ball sport was often part of religious ritual, played to resolve conflicts, heal the sick, develop strong, virile men and prepare for war.
    As you stated in your article, “So we did what they were already doing.” No we did not! The Great White Chief in Washington, killed by an act of attrition or genocide, which US Presidents guised as, Manifest Destiny: A doctrine used to rationalize U.S. territorial expansion in the 1840s and 1850s.
    Jim stated, “The Indian’s problem was really their numbers. There weren’t millions of Indians here on the continent, most tribes numbered in hundreds vs. thousands of people. Millions of Europeans and other nationalities resettled in this country and almost immediately outnumbered the indians.” Wrong again! Columbus did not set foot on North America until 1492. It took 350 years for the non-native settlers to outnumber the American Indian population. As for the spred of infectious disease and the use of heinous weaponry now you’re on to something! The US Calvary distributed infectious blankets (chemical warfare of the time) to the American Indians on reservations devastating mass populations. The Gatling Gun of 1861 used at Wounded Knee, burning of whole villages of women & children while sleeping inside their tipis were all methods by which to kill off the American Indian population. All of these methods were commonplace practices for the elimination of the American Indian now considered illegal under the rules established by the Geneva Convention.
    Hope that clears things up for you, Jim

    By Al Asa-Dorian on Jun 17, 2009 at 4:37 pm

  18. Dear Kathy Wise,

    I just read an article that you wrote for the June 2009 issue of Cowboys and Indians magazine concerning Apache Skateboards.
    It seemed rather odd that none of the Indians in the photographs are smiling. I have been around Mescalero Apaches for over a half century and they smile a lot. Same goes for the various Pueblo Indians I’ve known in New Mexico .
    They know how lucky they are to have a choice between the culture of the red man and that of the white man. They also get preferential treatment should they choose get a college education and get money from the U.S. Government each month whether they work or not.
    Maybe the people of San Carlos are different than other Indians.
    There was a statement you made about Miles’ being concerned about “owning the new imagery without being culturally hijacked”. The imagery shown in the magazine isn’t new. It appears to be a combination of ‘70’s era biker graffiti, amateur reproductions of old photos of Geronimo with a touch of Mexican influence, just a touch of the geometrical designs found on Mimbres pottery and one Texas Ranger star.
    These people have a lot more to be proud of than painting skate boards. I wish you would give them more credit.
    As far as the overall treatment fo the Amerinds is concerned, we have been very charitable in comparison to the way the indiginous people of Argentina were exterminated/exiled.

    By Wilfred on Jun 26, 2009 at 11:03 am

  19. Mr. Klein,
    With all due respect, I don’t know how your comment is pertinent to this discussion.

    By Dennis Sumrak on Jun 27, 2009 at 12:13 am

  20. We dont owe the Indians anything…

    P.S. Stop eminent domain abuse!

    By S. Wesley Mcgranor on Aug 13, 2009 at 8:08 pm

  21. I think the first thing we owe the Indians is an honest look at history. The rationalizations used for destruction of tribal sovereignty, especially after the American Revolution, were mostly bogus and inspired by greed. The sort of racism used to make this process palatable has been a staple of American culture ever since, though it has improved in the last 30 years or so. The most comprehensive destruction of American Indians, incidentally, took place in California, where the tribes were small, scattered, and not very warlike. Many of the warrior tribes are more numerous today than they were at the time of contact. The peaceful tribes were largely exterminated. However there are some doubts about the smallpox-in-the-blankets stories — smallpox contagion was probably accident. Wounded Knee took place in 1890, not 1861, and the weapons were Hotchkiss guns, not Gatling guns. The murder of a large number of women and children, however, is completely factual. Both sides did this — but in movies or the older history books, only the Indians did it….I think all unused land contiguous to or adjacent to large groups of Indians should be returned to the control of tribal governments for use in farming, ranching, gathering, tourism, whatever and that transfer of land now leased to ranchers should not be allowed beyond the linear family. American Indians are exceptionally intelligent people and given an absence of government and corporate interference they could probably cure their own “poverty problem” in a single generation.

    By John on Oct 6, 2009 at 3:29 pm

  22. We don’t owe the Native Americans anything. Civilizations have always risen up to expand their territories and history has shown that the weaker civilizations have always fallen to the smaller ones. It happened with the Romans, it happened with the Mongols, it happened with the US in this case, and it even happened with Germany and Japan in World War II. I’m not saying it’s right or wrong, this is just the way it is and always will be; the stronger civilization will always overpower the weaker one: WAR is not meant to be a fair fight.

    By Nick on Oct 20, 2009 at 8:28 pm

  23. At WHAT POINT are people going to QUIT using EXCUSES for what the “white man” has done to them……and GET UP AND DO SOMETHING WITH THE LIFE THEY HAVE NOW!?! We CANT change History. NOTHING AT ALL can be done for EVERY SINGLE PERSON WHO HAS SEEN EVIL in THEIR lives….or been TREATED BADLY.
    And WHAT will $$$$$ do to HELP THEM get OVER their PARENTS AND GRANDPARENTS history? Every SINGLE nationality has seen SOME kind of EVIL towards THEIR nationality. Why should a WHITE MAN PAY ANYTHING for BEING WHITE???? I KNOW I did NOT have ANYTHING TO DO WITH WHAT HAS HAPPENED IN HISTORY…so WHY SHOULD I HAVE TO REPAY ANYONE FOR THEIR HARDSHIP in life NOW???? Quit looking in the past for an EXCUSE to use today!
    I QUARANTEE if ANY of THESE indians WANTED to GO WHERE THE WORK IS….LIKE MOST AMERICANS…THEY TOO could work, have a home and a GOOD life……..but INSTEAD….LIKE SO MANY nationalities in this country….THEY would RATHER blame the white man for being a STRONG nationality and MAKING THEIR WAY IN LIFE…using the SAME resources AVAILABLE to ALL in THIS COUNTRY!!!

    By Brenda on Nov 12, 2009 at 1:44 pm

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