Another perspective of a Federal Court Ruling on the Black Hills


 

Federal Court Dismisses Effort to Reopen Black Hills Judgment Fund

Here is the opinion in Different Horse v. Salazar and Rosebud Sioux Tribe (D. S.D.):

Different Horse DCT Order.

And the briefs:

US Motion to Dismiss Different Horse Complaint

Different Horse Response

US Reply to Different Horse Response

 Responses to Federal Court Dismisses Effort to Reopen Black Hills Judgment Fund

  1. As a Minneconjou Tetuwan Lakota & having been educated off reserve, in my opinion… I see this Federal Court ruling as a way to continue to control Tetuwan Lakota tribal Lands by the US Government, which were under the governmental body of the Seven Council Fires Council of the Tetuwan Nations of the Dakota-Lakota-Nakota prior to contact.
    Manifest Destiny & genocide were used against the Tetuwan Nations to aquire & hold these lands & their mineral rights by the US Government to date, by the US Government having Tetuwans sign a treaty, where no one present at the signing had the power to sign over the said lands & agree to the said (so-called) treaties.
    The US Government have never abided by their own laws or their US treaties with the Tetuwan Nations to date, & their courts continue to ignore all laws which are applicable to them, as well as all others… otherwise the democratic process which is suppose to exist in the US, does not apply to all citizens, namely Tetuwan Lakota.

  2. Another point to be made is the Tetuwans did not agree to their captivity on Reservations, which was only attained by genocide & starvation by the US Government.

     

  3. Nothing is more real than the woman’s superiority.
    It is they who really maintain the tribe, the nobility of blood, the geological
    tree, the order of generations and conservation of families.
    In them resides all the real authority, the lands, the fields and all their harvest belong to them; they are the soul of the councils, the arbiters of peace and war,
    they hold all the taxes and public treasure; it is to them that the slaves are entrusted;
    they arrange the marriages; the children are under their authority; and the order of succession is founded on THEIR blood….
    The Council of Elders which transacts all the business does not work for itself.
    It seems that they serve only to represent and aid the women in the matters in which decorum does not permit the latter to appear or act….
    The WOMEN choose their chiefs among THEIR maternal brothers or their own children.
    Quote
    Father Joseph-Francois Lafitau
    Customs of the American Indians
    compared with the Customs of Primitive Times (1724)

     

  4. Suzanne Dupree-LBW

    In a realistic arguement with this most recent Federal court ruling…the US Government went to the wrong source, the men… at the treaty signing, just because the European culture was Patriarchial, our Tetuwan Siouan was not.
    The US Government should have come to the Tetuwan women for any real binding treaty signing, yet because of their European mindset & their immigrant perspective, they did not approach the real source of power within the North American continent in their Patriarchial arrogance, the US Government failed to do their due dilligence at the treaty signing…

  5. You cannot have it both ways & have a true democratic process…
    The US Government have taken from the Tetuwans what does not belong to the US, & have justified their actions without merit.  Looking Back Woman-HakiktaWin Aug 4, 2011.

About Looking Back Woman-Suzanne Dupree

Tetuwan Lakota scholar, educator, historian, Sun Dance participant, Cannunpa carrier, cultural & spiritual preservationist, journalist-writer and fraud investigator.
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7 Responses to Another perspective of a Federal Court Ruling on the Black Hills

  1. OUR SACRED BLACK HILLS

    Joint Statement of Chief Frank Fools Crow and Frank Kills Enemy on Behalf of the Traditional Lakota Treaty Council
    Before Honorable Lloyd Meads Sub-Committee on Interior and Insular Affairs. (September 10, 1976)
    Frank Fools Crow, Lakota Chief
    Frank Kills Enemy, Lakota Headman

    Kola (friends).

    I am Frank Fools Crow, Chief of the Lakota and I am here today with Frank Kills Enemy, one of the most respected headmen and also an expert on Indian treaty rights. Before we begin, I would like to ask you why when we speak you do not listen, and when you listen, you do not hear, and when you hear us, you do not choose to understand what we say. This is one time that I ask you to listen carefully and understand what we have to say.

    We have come here from Pine Ridge today to discuss this house bill (H.R.14629) which permits the tribal councils and the people they represent to get interest on the $17,500,000 award given by the Indian Claims Commission. That interest, I believe, amounts to $85,000,000. Our people have been holding meetings on this Black Hills Claim for many years and we have just held such a meeting at Porcupine on September 8 and 9, 1976.

    At this meeting, the people authorized us to come to this hearing today and speak for them. The people unanimously reaffirmed our long-standing position that the Black Hills are not for sale under any circumstances.

    We are therefore standing behind the resolution we passed at Ft. Yates in February of this year.

    That resolution, my friends, reads:

    RESOLUTION ON 1868 TREATY

    WHEREAS, a meeting of all Sioux Tribes concerned with the 1868 Treaty was called by the Standing Rock Sioux and all elected and traditional leaders were invited and,

    WHEREAS, during this meeting, presentations regarding the Black Hills were made by Larry Leventhal, Attorney, traditional people and elected leaders and it being the consensus of all present, the traditional people held a meeting and delegates of eight (8) Sioux Reservations were present,

    BE IT RESOLVED, the delegates of the eight (8) Sioux Reservations have unanimously agreed that all land involved in the 1868 Treaty is not for sale, and all monies appropriated for such sale will not be accepted by members of the Traditional people of each reservation, and

    BE IT FURTHER RESOLVED, that the judgment of this Black Hills case immediately implements the overall and complete jurisdiction and sovereignty of and by Indian people the Sioux Nation.

    Many people cannot and refuse to understand why the Lakota people do not want to sell the Black Hills and have taken this position. I am therefore going to explain our reasons, because the discussions surrounding this claim and the acceptance of it will have very far-reaching effects.

    I do not want our people, many years from now, to think that we have sold out. We will never sell out. I am 87 years of age and Mr. Kills Enemy is 82. Our only concern here today is for the best interests and welfare of our people and future generations of our people.

    I have some comments I would like to make on what will be going on here today.

    TRIBAL COUNCILS UNDER I.R.A.

    On all our reservations today, there are tribal councils operating under the 1934 Indian Reorganization Act. These councils were placed on the reservations by the United States Government to replace our traditional councils. These puppet governments are often times the most corrupt governments around and bring out the very worse in the whiteman system of governments.

    Councilmen on these puppet governments always represent the view of the whiteman because they are indoctrinated by the whiteman to act like this. These type of people are on the council because very few of our traditional people vote in these whiteman elections. I am told that only 30 percent of our people vote. These councilmen do not represent the majority of the people on the reservation. Naturally, many of them are here today to urge the acceptance of this bill, as they have been brainwashed to do by the whiteman.

    I want to repeat that there can never be an acceptance of this bill or the total Black Hills Claim under any circumstances. This is the wish of the people. We have a treaty and it requires 3/4 of all adult male members to sign before our land can be sold. I believe that this provision was stuck in the treaty by the whiteman because Lakota do not sell their land. The whiteman claims that he is not bound by the 3/4 provision of the treaty. This Lonewolf v. Hitchcock case has been explained to me and I have to laugh at the whiteman and his views. This case says only that the whiteman can break treaties with Indian any time he wants to.

    Let me tell you my friends, that Mr. Kills Enemy has a book which tells that the United States Commissioners who signed the 1868 Treaty were in Chicago two or three days before they signed it, and they were passing resolutions which were designed to break it.

    After these resolutions were passed, the Commissioners signed it. The treaty was broken by the whiteman before it was even signed by him. But we Lakota are more honorable men. We have signed the treaty and we will try to live by it and respect it.

    Even though this treaty may not be binding on the whiteman, it is binding on us until we vote it out. It says that 3/4 of the Lakota adult male members must sign before land can be sold and the Lakota people can never accept any payment until this provision is fully complied with.

    NONACCEPTANCE OF THE BLACK HILLS CLAIM

    The Black Hills are sacred to the Lakota people. Both the sacred pipe and the Black Hills go hand and hand in our religion. The Black Hills is our church, the place where we worship. The Black Hills is our burial grounds. The Bones of our grandfathers lie buried in those hills. How can you expect us to sell our church and our cemeteries for a few token whiteman dollars. We will never sell.

    We know the underlying policy behind the Claims Commission Act and we are not fooled. The government intends to clear title to the land illegally taken, to clear their own conscience, then terminate us. I see this come out in the testimony of government witnesses in past hearings.

    For example, on page 13 of the Senate Subcommittee hearings on S. 2780 held on August 13, 1976, the witness answered Senator Abourezk’s statement on how acceptance of the bill would be a disservice to the Indian people. The witness said:

    MR. MILLEUR. By constantly bringing up the ancient wrongs which were supposed to have been settled once and for all by the Indian Claims Commission Act and having them litigated over and over again rather than forgetting the ancient wrongs and let the very salutary effect of the doctrine of res judicata take its effect as it does normally in any judicial proceedings in the country.

    These wrongs only happened yesterday and are not ancient wrongs. And I wonder where the whiteman ever got the idea that these wrongs had to be settled in his courts by his rules. Anyone can win a ball game if he makes up his own rules. This res judicata business is one of these rules. But whatever the rules are, and whatever the Claims Commission awards for the Black Hills, please remember that we will never sell.

    There can only be one settlement for the Black Hills. The Black Hills must be immediately returned to the rightful owners, the Lakota people. After that, we can talk about compensation for damages done to the fruits taken from the land. We should be paid for everything taken from the land at the value they are worth today, since the land is still rightfully ours today. But our people are a generous people and our people are willing to accept one-half the value of everything taken at the value they are worth today.

    The Claims Commission, an agency of the United States Government, has stated that the taking of the Black Hills was illegal, and the Commission claimed also that it could have been taken by Eminent Domain.

    We also understand that under the whiteman laws, the rules of the game that have been imposed in this claim, that land can be acquired in only three methods: (1) by discovery, (2) by extinguishment of title, and (3) by sale.

    There certainly has never been any discovery of our land by the whiteman. We discovered it first, because we have always been here. The whiteman recognized this right, that is why they had to enter into these treaties with us. These treaties recognized our title to the Black Hills and other land and acknowledged our right to exist as a nation without being terminated and placed under state jurisdiction. I believe the whiteman constitution also recognizes this right.

    Also, there has never been any conquest of the Sioux Nation by the United States. It was the United States that came to us and asked for peace after we continually defeated them in over twenty three years of war. With the exception of the Blue Water Creek and Wounded Knee massacres and maybe one small battle called the Box Wagon Fight in Montana, we defeated the United States in every encounter. We have not been conquered by friends and instead lived in peace with the United States in accordance with the treaty as equals.

    And also, there has never been a sale of the Black Hills, because there has never been an acceptance of the governments offer to buy. What the decision of the Claims Commission amounts to is an offer, although they do not wish to call it that.

    By deceit, they are trying to get us to accept this offer by telling us that we have no choice but to accept the judgment award. And until we accept this offer, the United States can never have clear and legal title to the Black Hills. And the white people living in the Black Hills have a cloudy title on their land because their titles are only as good as their government’s.

    I would like to tell our IRA council friends that this is the only reasons that the United States is so anxious to get the Indian people to accept the award. They only want to clear their own illegal title in an underhanded method.

    We do not believe the United States government has the power to eminent domain over us, anymore than we have the power to eminent domain over them. This is because we are equal nations living side by side. We are citizens of our own nations.

    But even if the government has this power, as the claims commission stated, and could have taken the Black Hills by eminent domain, the fact remains that it did not do so. Therefore, the Black Hills were taken by an illegal act and the government does not have any legal title whatsoever on our sacred hills.

    We understand that over 80 percent of the Black Hills is still under the control of the United States. This must be immediately returned to the Lakota people and negotiations must begin for the remainder in individual ownership. We know the white people living in the hills now love it. We love it for many of the same reasons and more importantly because they are our sacred grounds.

    So these white people should understand why we will not sell. The Oglala Lakota have always been the caretakers of the Black Hills and it is appropriate that I have been allowed to talk here today defending the sale of these hills for my people and other Lakota people from our other Lakota tribes.

    ATTORNEYS REPRESENTING THE TRIBAL COUNCILS

    Before I close, I have one statement to make about the attorneys representing the tribal councils. Naturally, at this stage of the game, they would rather get 10 percent of $102,000,000 rather than 10 percent of $17,500,000. But they are the only ones that stand to gain from these claims. They testify only for their own self interests.

    Many of these attorneys have worked hard for the puppet tribal governments that they represent. They do not represent us and the majority of the people on the reservations who reject the claims. They have never consulted us, the silent majority, to get our views on the sale. If they would have, they would have seen that the majority of us are against the sale of the Black Hills.

    These tribal attorneys, many of them are of the Jewish people. They should look at their own history and hold their heads in shame for what they are trying to talk us into doing here. They lost their lands for almost 2,000 years and have just got them returned. They lost many of their people throughout the years fighting for their homeland, but not as many people as we lost fighting for ours.

    Yet they stand here very eagerly trying to talk us into selling our land when they know the United States does not have good legal title. It is understandable that they do this because they too are whitemen. We wonder if they will be willing to sell Israel to the Arabs for $17,500,000 plus interest.

    Also, we have been told that the passage of this bill today is 20 to 1 against passage. These odds are not good.

    I say this because I do not want to hear the attorneys blaming us for the rejection of this bill after today. It is easy to use us as their scapegoats when they have to tell their puppet governments that the bill was defeated.

    I wish to emphasis again that our only concern here today is to restate our position that the Black Hills cannot and will not be sold under any circumstances and we are here today to protect our people.

    Before I go, I would like to attach to our statement a statement from the Standing Rock Lakota people. They have not been allowed to talk today and I think what they have to say should be heard.
    Hau. He cetu yelo.

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  2. This statement made by our all ready in place, self-determined Tetuwan Government of the Seven Council Fires Council… by our Tetuwan Ceremonial Chief & Holy Man, Frank Fools Crow… as a representative of our Tetuwan Lakota-Dakota-Nakota Women, of whom Frank Fools Crow had great respect for, (our Tetuwan Matriarchial society), has been overlooked by the US Government wrongly for decades upon decades since contact.
    We did not, nor will we Tetuwans agree willingly to ever sell our Sacred Black Hills, Paha Sapa. The Black Hills is as much a part of being Tetuwan, as the blood that runs in our Tetuwan veins that the governments blood quantum has no position or authority to mandate or negate…
    The same is applicable with the Turtle Mountain Region in Manitoba, which was the seat of power for the Seven Council Fires Council.
    Government Canada recently was sued over their position the Dakota of Turtle Mountain were immigrants within their own Ancestorial Traditional Territories, even though Gov Canada are without any Dakota treaties in place, or holds any title to the lands Gov Canada occupy there.
    Recently evidence from the archives in Ottawa revealed that the Dakota assisted & worked for the British when the British arrived because the Dakota were already there as residents, archival documentation shows.
    This type of conduct & abuse was used as a blueprint by Hitler with the Jewish population, because it was so sucessful with the aboriginal population that held title to the US & Canada before contact.
    Wrong is wrong, no matter how much time has passed, or any justification by the invading governments when they do this to the original occupiers of the land before their arrival.
    If this is not acknowledged by the wrong doers, do not preach democracy & global conduct to the world.

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  3. The Council of Elders which transacts all the business does not work for itself.
    It seems that they serve only to represent and aid the Women in the matters in which decorum does not permit the latter to appear or act….
    The women choose their Chiefs among their Maternal brothers or their own children.
    Quote
    Father Joseph-Francois Lafitau
    Customs of the American Indians
    compared with the Customs of Primitive Times (1724)

    The difference in perspectives & laws between the Patriarchial society of Europeans, who came here for their personal freedom from oppression, & the Matriarchial Governing body already in place at the time of the European Immigrants arrival upon our Aboriginal peoples shores is clearly shown here.
    Just because one refuses to acknowledge a governmental body already in place, does not mean it did not exist at the time of contact.
    What is ironic is what the Immigrants ran from in coming to our Aboriginal shores, they immediately began to do to us…
    The definition of insanity is doing the same thing over & over again expecting a different outcome.
    I, HakiktaWin have learned through lifes lessons & my Tetuwan teachers & mentors never to put a question mark, where Creator has put a period!
    You are either honest & forthright, or you are NOT, all the coverups & corruption of the world will never make what has happened to Aboriginal peoples in North America justified or morally correct….it was outright theft & genocide, period!
    So, with that said, take your Manifest Destiny…& shove it!
    It is morally & ethically wrong, no matter the spin you put on it, or how long you chose to ignore the wrongs.
    Never will the wrongs be made right, until accountability & responsibility is taken by the Governments who authorized the laws, & orders of genocide against the original Aboriginal occupiers of the lands the Governments have taken by force….& mass murder deemed necessary to rid the Governments of their American & Canadian Indian problem!
    The fact that we Aboriginal peoples were already here & it WAS our lands.

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  4. Pingback: A Minneconjou Tetuwan Lakota perspective on the Federal Court ruling to dismiss Black Hills case | Looking Back Woman-Suzanne Dupree blog

  5. Someone needs to looking into former head of Indian Affairs of the subcommittee of the Senate Committee, to fully understand why this ruling to dismiss occurred & why…
    Along the same lines as the recent SD court ruling to dismiss the habeus corpus filing of Arlo Looking Cloud’s case in South Dakota.
    Read Rezinates WP blog on “Conflict of Interest” that that very former Senator of South Dakota who was heading Indian Affairs during AIM’s (his friends) reign of terror was most deadly…..
    Corruption corruption corruption & why there are no further indictments for the perps in the Aquash premeditated rape-murder….
    Get your boots on the crap is deep & mind boggling.

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  6. Reblogged this on Looking Back Woman-Suzanne Dupree blog and commented:

    This South Dakota government corruption will make you sick….
    If you had any doubts about who AIM works for, this will end any doubt if you are an honest & realistic person….& have the mind above that of a pet rock!
    Actions do not lie…

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  7. Any connection to Avista CEO’s & former positions/Employment connection to Black Hills Power????
    Drugs & Reservation land, Former drug dealing murderer Montana Gov. Marc Ranicott?
    He used Montana Banks to launder drug money & Montana Banks to ruin anyone who opposed his drug op cartel.
    Sound familiar, sure does to me STCU/Witt!

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