"Many wrongs do not make it right."
By Charmaine White Face
It is always interesting to me whenever anyone in western South
Dakota "sells" their land since the correct English term for
"selling" stolen property is "fencing." However, when the state
of South Dakota (also an illegal entity) and the federal
authorities condone such illegal activities, then what would
these otherwise criminal actions properly be called. And who
will enforce their prosecution?
Homestake Mining Company's most recent agreement to "sell"
land to the state of South Dakota reminds many of us of the
historic, illegal trespass into western South Dakota by the gold
miners and Homestake Mining Company. This illegal trespass was
a direct violation of the US Constitution, Article VI, and the
Congressionally ratified Fort Laramie Treaty of 1868 which was
made between the United States and the Great Sioux Nation. In
that Treaty, all of western South Dakota and parts of Nebraska,
Wyoming, Montana, and North Dakota were to be for the exclusive
use and occupation of the Great Sioux Nation.
The Wrongs' were started at the time when President Ulysses S.
Grant secretly ordered the US Army not to stop any gold miners
from coming into the Treaty territory. He should have been
impeached then and there for violating the Constitution. But
greed always has a way of making some people turn a blind eye to
atrocities. Adding the word progress' also has a nice ring so
immoral and illegal actions are condoned by those that don't
care to be called greedy.'
The Wrongs' continued in the destruction of the economic base
of the Great Sioux Nation, the buffalo, and the deliberate
spread of small-pox filled blankets, and rotten food. The "sell
or starve" treaties that some Sioux leaders were forced into
signing in 1877 were still illegal as there was still not the
three-fourths adult male signatures as required to change the
1868 Treaty. Those leaders knew that only a few signatures were
not enough to change the Treaty.
The US government also knew that public opinion would not
condone the total genocide of the Great Sioux Nation so they
created Prisoner-of-War Camps, now commonly known as the Indian
Reservations. Children were taken away to "have the Indian
taken out of them." If there was no one left who remembered the
Treaty, then who could remind anyone that this was a gross
violation of the very principles that created the Constitution
of the United States in the first place. How many of the
grandparents of the trespassers had come to North America
because of the oppression in their own homelands? How could
they have forgotten so quickly?
Thankfully, for the sake of the people of the United States,
and for the survival of the Lakota people, the information of
the Treaties continued to be passed on from generation to
generation of Lakota people. My grandmother told me and her
grandmother told her.
The list of the Wrongs' is miles long. But the greatest Wrong'
is the lie that the federal government told to the non-Indian
American people by allowing them to believe that they could
homestead in this region. That lie continues to this day.
Homestake Mining Company has no more authority to sell stolen
land than a thief has to sell his stolen goods. The state, the
federal government, or any private individual who continues to
participate in these illegal activities is just as guilty as a
common criminal convicted of fencing stolen wares. The state,
the federal government, and every individual who becomes aware
of this has a responsibility to correct these Wrongs.'
The Fort Laramie Treaty of 1868 is still a legal document. The
Constitution of the United States is also a legal document.
Both of these were made to insure the survival of their peoples
with the ability to live in freedom. Violating the Treaty by
the Federal government was not easy and tens of thousands of
people, albeit Lakota people, died as a consequence.
What effect will violating the Constitution of the United
States have on the American people?
Charmaine White Face is a writer, spokesperson for the Teton
Sioux Nation Treaty Council, and Coordinator for Defenders of
the Black Hills, a volunteer non-profit organization. She may
be reached at
bhdefenders@AOL.com.