Reading, Writing, and Indigenous Legal Matters.

Remember this: Does it apply, or does it not? If it doesn't, can someone find a proper home for it in the future in some legal jargon? Or is it somewhere else? 

One must muddle through the swamp of legal wording. Hey, I got nothing to do but read. 

Section 5 and Section 6 needs to creep up from the grave. This should apply to the Governor of North Dakota, Morton County Sheriff's Department, public and private entities exercising aggressive measures towards the Standing Rock Sioux Peace Prayer against DAPL, and anyone else pretending to be concerned, while assaulting tribal members with war tactics, bodily harm, and crimes against people living under the supposed protection of the US Federal Trust of Indigenous lands. 

An Act to Regulate Trade and Intercourse With the Indian Tribes (1790).

SEC. 5. And be it further enacted, That if any citizen or inhabitant of the United States, or of either of the territorial districts of the United States, shall go into any town, settlement or territory belonging to any nation or tribe of Indians, and shall there commit any crime upon, or trespass against, the person or property of any peaceable and friendly Indian or Indians, which, if committed within the jurisdiction of any state, or within the jurisdiction of either of the said districts, against a citizen or white inhabitant thereof, would be punishable by the laws of such state or district, such offender or offenders shall be subject to the same punishment, and shall be proceeded against in the same manner as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white inhabitant thereof.

SEC. 6. And be it further enacted, That for any of the crimes or offences aforesaid, the like proceedings shall be had for apprehending, imprisoning or bailing the offender, as the case may be, and for recognizing the witnesses for their appearance to testify in the case, and where the offender shall be committed, or the witnesses shall be in a district other than that in which the offence is to be tried, for the removal of the offender and the witnesses or either of them, as the case may be, to the district in which the trial is to be had, as by the act to establish the judicial courts of the United States, are directed for any crimes or offenses against the United States.

Seems pretty square on how it applies.

Another thing, as I have been reading, is: 

If the Standing Rock Agency at Ft. Yates, North Dakota, is the field office for the Bureau of Indian Affairs that provides Trust Services and tribal services to the Standing Rock Sioux-what exactly was the Bureau of Indian Affairs doing to ensure they were policing the Trust Responsibilities towards the Standing Rock Sioux in regard to the aggressive means used by the Governor of North Dakota, Morton County Sheriff’s Department, and anyone else employed through private, or public entities.

I know I have seen the complaint the Bureau of Indians Affairs does not do its job, so exactly what were they doing in all this? I have seen others voicing their concerns on this.

If this has been a long standing complaint within the indigenous tribes, why hasn't that office been overhauled to bring it current where tribal constituents are better served in a timely manner. When you have enough complaints that the Bureau of Indian Affairs is slacking on the job, that would call for an over-all assessment of functioning, revision, and overhaul. 

If it is not working-repair it.

Is someone is going to treat indigenous people as charges of the federal government, then who were the irresponsible adults in these shenanigans? Nowhere did I read or see...Bureau of Indian Affairs said or did (blank). There is nothing to read on that unless it is hid in the dark net. As you read further you will see, I assume but could be wrong, that more responsibility has been given to the Bureau of Indian Affairs to manage trust fund lands on behalf of the tribes. 

I did find this on the Mille Lacs band Of Ojibwe that probably needs a couple of eyes cast upon it-for learning sake. 

For your reading enjoyment:

The U.S. Government Trust Responsibility to American Indians

·        The U.S.government has a trust responsibility to American Indians. This trust responsibility was an underlying promise made by the United States when it made treaties and agreements with Indian tribes.

·        The U.S. government acquired virtually all of its land through treaties or agreements with Indian tribes. Today most lands that Indian tribes use are owned by the United States and held in trust by the U.S. government for those tribes.

·        The U.S. government made a commitment to protect Indian tribes from non-Indians by enacting the Trade and Intercourse Acts, which were passed between 1790 and 1834. Exploitation of Indians was one of the major reasons for conflict between Indians and non-Indians.

·        The U.S. government’s trust responsibility to American Indians was affirmed in the 1830s by the Supreme Court. The court ruled that when the government entered into treaties with Indian tribes, it made a promise to protect and enhance Indian tribes.

·        In 1871, the United States passed legislation stating that it would no longer enter into treaties with Indian tribes, primarily because it had acquired all the land that it wanted at the time and because the treaty-making process had caused conflicts between the Senate and the House of Representatives. Thereafter, all federal laws passed with regard to tribes have been the result of actions taken by Congress.

·        The U.S. government assumes a trust responsibility for all lands that it owns, whether they are national parks, national forests, military reserves, or Indian trust lands. The government’s responsibility is to manage those lands in a way that best serves the people who use them.

·        The U.S. government’s responsibility for managing land held in trust for Indian tribes is no different from its duty for managing other lands it owns. The United States is responsible for ensuring that decisions that affect Indian trust lands benefit the tribes involved.

·        In recent years, the United States has said that every federal agency has an obligation to ensure the protection of tribal governments, even though the trust relationship is administered primarily through the Bureau of Indian Affairs. For example, the Department of Energy has a responsibility to ensure that the energy needs of tribes are being met, and the Environmental Protection Agency has a responsibility to ensure that the environments within Indian reservations are protected.

·        Federal agencies and their employees are responsible for ensuring that their actions that affect Indian tribes enhance, protect and improve conditions for the tribal communities and governments. Each federal agency has applicable law that describes its relationship to everyone in the United States, including its trust relationship with Indian tribes.

·        Management programs for Indian trust lands are implemented for the most part by the Department of the Interior, which has regulations describing how it will protect and enhance federal lands. Generally, protection and enhancement of Indian trust lands are done through the Interior Department’s Bureau of Indian Affairs, and recently, more tribes are assuming control over the use of their own lands through self-governance cooperative agreements.

·        In the 1980s, tribes began to take on some of the responsibilities for managing trust lands under the authority of a federal law, P.L. 93-638, also known as self-governance. Under self-governance, tribes have received federal funds directly to administer and manage programs, services, functions and activities that the tribe determines are in the best interest of its members.

·        Self-governance does not mean that the trustee-benefactor relationship between the United States and tribes ceases. Instead it means that the U.S. government now has cooperative agreements with tribes that enable them to directly operate programs for their members that formerly were provided by the Bureau of Indian Affairs and the Indian Health Service. A major tenet of self-governance laws is the continued trust responsibility of the federal government to tribes. 

http://millelacsband.com/mille-lacs-band-ojibwe/economy/businesses-and-economic-impact-home/u-s-government-trust-responsibility-to-american-indians/

The Rape of Standing Rock Sioux

Remember this: Rape is rape-be it physical, psychological, or spiritual. Add inherited betrayal and you have yourself a shit-storm.

Not going to bore you with the bison shit. I saw the buffalo and knew Standing Rock was doing the right thing. Your ancestors come in different ways to tell you, whether it ends badly or not. That was a clear sign. If this goes by us, the Cosmos has the right to fling whatever darkness it has to offer us.

I am writing this because I know wrong when I see it. What has been done to Standing Rock is dead-to-the-pan wrong. 

In the Great Cosmology, there is a reason that moves Standing Rock. We don't have foresight, but if no one listens devastation will come. It might not be the gas but it will be the murder/harm done to a people grasping onto decency, while other people lose theirs.

This is the lesson dealt us. Their existence coveys your contempt for all that Mother Earth has given you. What Standing Rock conveys is the base line theme that trumps all the hoopla surrounding climate change. You destroy us. You destroy the Earth. You destroy yourself.

If you can't get that down in that brain of yours, you have a problem. 

Yet, I am trying to regard this with compassion instead of utter contempt at what I have seen and how people stand by and don’t offer protection, or support to those begging for something that is self-evident.

In regards to the Standing Rock Sioux and their protests against the DAPL pipeline, it is a moot point to waste time giving the history of the indigenous tribes of America. Their existence in a nutshell:

Lies and Broken Promises

Displacement

Eradication

Genocide-Genetic and Cultural

Assimilation

                            Ramrodding

Who did this? Take a guess.     

Above all those descriptive words, betrayal, Psychic rape and a complete disregard for their suffering, pain, and acknowledgement of their rightful place in this world-which belongs to all- by their fellow human beings. It would seem, indigenous people are always being shuffled about and remain rootless even when they have been given ground to grow from-begrudgingly.

Tribes were forced into areas that became their home. That is the last shred of decency that they know-their home and their lands. They have no other home to be forced off into. The only other place to force them is into non-tribal society.

Anyone that has ever been cast from their home and lived from pillar to post will understand the anxiety and frustration of being displaced and homeless. It hurts when you have been cast out by someone you thought was family and tried to love.

It wouldn’t be too far-fetched an idea to believe indigenous peoples may feel the human family has disowned them. Add in forcing yourself off on someone and that is rape. Rape brings all kind of nasty darkness to the table. Usually, the perpetrator is not the one living with that darkness. Boy, does it fester.

By the pricking of their fingers, the poison was put. I don’t think anyone would like to feel like a shadow person walking around, or not a whole human being.

Would you?

In non-tribal society, as an individual you hold family and home closest to your heart, if you have the gift of those things. It is no different in tribal societies.

Imagine someone disrespecting you, or your house. Imagine they disrespected you to the point they don’t care how much it upsets you.

The mentality is: you will get over it. Unfortunately, you don’t.

Why are indigenous tribes and peoples treated as if there is no regards for their place in the world. They are as deserving and have a given right as all do on this planet. Yet, their patch of dirt is being fingered as not their own to have and hold.

Yet maltreatment persists with the disregard at the suffering incurred on indigenous peoples.

It always appears that the American government is slowly trying to beat down their spirit to make them give in to what the government wants. In this case, what DAPL wants.

Don’t think it won’t ever happen to you. You see this all the time with non-tribal American citizens.

Trying to tell women what to do with their vaginas

Curfewing people in their homes like prisoners

Enslaving school kids to constructed dry curriculums

Giving police complete control to bully you

Threat

Threat

Threat

Etc…

Government is not all bad. It is the person in charge at the helm that is using it for self-serving purposes and not in the best interest of the people they are employed to take care of. Yes, employed, voted in, given a damn good paycheck, to shit us all up for their greedy need of money, power, and control.

I digress, not all politicians-but you can tell who those people are. These bad politicians leave a wake of bad decisions and the people pay for it. Aunt Bessie gave us a cow and her udders are shooting out E.Coli.

Standing Rock Sioux declare their need for help. Where is it?

I pondered this. Their remoteness shuts them away from the world it seems. What can be done against the DAPL if the Governor of North Dakota lets constituents be abused through aggressive means?

State governance appears to be the bully here by helping and enabling the DAPL to do these things. Is that state governance really serving the best interest of the people? Are they showing the constituents of their state what government can do so the constituent will comply?

Translated: You just better sit there, shut up and take it right where the sun don’t shine.

What ever happened to diplomacy? Did it die? Who killed it? I know it existed once upon a dream...

I got to thinking on the suffering of the Standing Rock Sioux and all indigenous tribes and peoples.

This was the conclusion I came to:

Indigenous hate and aggression is warranted. They are entitled to that in full. That is all that has been given them, and they can only give what is given to them in return. These are human beings with the full spectrum of emotional and psychological ability to disseminate between pain, distrust, love, acceptance, and the realization that the last straw breaking the camel’s back has arrived. In truth, it hasn’t arrived-it has been occupying the mentality of all indigenous cultures for centuries. Why? Treatment never changed. No one listened. No one cared. No one acknowledged. All they saw was the back of heads turning away.  

Translated: We have been defecated upon and are tired of it.

If indigenous people are aggressive and want to fight you, that is years of maltreatment up to the present day. Finally, it is better to die than to stand one more minute of the shit bearing down on them by people that don’t care about their way of life, unless it is good for a photo-op, or a nice show to the American public to make it look like something is being done, such as good will.

I can’t imagine one person loving to eat the lies and broken promises forced down their throats.

Would you?

All you have to do is google Flint’s tainted water, Alabama busted gasoline, fracking wells tainted in Texas and Pennsylvania, etc. Post after post of bad water, government deciding it is more important to save money and poison their constituents.

How can this thinking be any different? How can DAPL pipeline not share the same outcome eventually? If you had the choice would you want it in your backyard and have it foul your water?

I don’t think so.

When people get offered “progress” they are rolling their eyes and wondering who drove the Taint-mobile into town.

They have a right to say no to this just like we said no to sonography of our coast and killing off, or harming our wildlife in the sea.

The issue that befuddles the mind is this:

When there is a clear and present situation that can cause potential damage and suffering to constituents, their local, state, and federal government stands with their fingers in their ears going lalalalalalala. Then tries to double talk and give them the run around hoping the bothersome mosquito of complaint goes away.

Eventually, disaster strikes. I-Told-You-So seeps out of every pore.

Whether you like it or not, non-tribal people inherited their full wrath, distrust, hate, animosity, loathing, from the pregnancy of past bad handling of the government, decision-making, lack of honor, and not honoring the word upon agreements and treaties.

Why is that?

It is deserved because no better has been done by indigenous tribes by non-tribal people as people stood there watching the same thing happen over and over again.

It is blight of the Soul. Nothing will ever ease it.

Indigenous peoples’ complete existence through their generations was never made right and they had to fight tooth and nail-tooth and nail for their present state.

No one can take the credit for that but indigenous people.

What is to be done with this DAPL debacle?

Who knows now? The pepper spray has be sprayed, tepees torn down, attack dogs set on them, the old disrespected, and their sacred ways chucked to the four winds by DAPL. What DAPL did was on a whole new level of that stuff way beyond what one can scrap off the bottom of a trashcan...and that stuff might be insulted at being put in the same category.

I guess it was more important to show those indigenous who is boss instead of taking the extra money to divert that pipeline to a different place. It was more important for DAPL to be gifted with a terrible public relations disaster by peeing in the faces of everyone watching their actions.

Way to go DAPL. Missions accomplished.

I don’t think you can stand in the face of a right-minded person, bring poison to their door, expect to walk in their home, and say, "Drink Up".

It is the small pox blankets all over again. The blanket is the pipe and the small pox is the gas inside. The pipe is breached, just like a blanket it covers everything-and the infection begins.

No, no sir. That is not how those things go.

Standing Rock Sioux's moniker holds true. Water is Life. There are people that believe that water is not an inherent right and should be a commodity withheld in exchange for payment.

True story, this elderly lady was forced on city water because the city people came and dropped dynamite in her well. If government wants to force you to be on a grid and dependent-they will find a legal way to do it and not care you feel raped.

Ideas like that are null and void when the water is tainted up to your eyeballs. 

I want to know: How does DAPL have the power to rape people like that while government stands aside to watch the show?

Why does this persist? Next time you drink a bottle of water, think about what you would do if someone took a piss in it, then handed it back to you to drink. 

Written by: W Harley Bloodworth

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