Chapter 29: Recovery - Crow Nation

The previous chapter gave some general reasons supporting Indian recovery. That needs to be narrowed down, to start with somebody specific, and we will concentrate on Crow Nation as a starting point. I propose that we empower them to control their own lives and make their own decisions.
Indians are unique and special under our Constitution with good reason. Generations have died waiting for treaty promises to be fulfilled, the meek did not inherit the earth but were denied life. We can begin to honor America’s promise to them, and the place to start is with tribal sovereignty, to allow Indians to control their own homeland and way of life. They are already nation-states, and we can simply recognize that. Any thought of becoming a traditional state like the other fifty can wait for later.
All people deserve their basic human rights, but the pattern for all is not the same. Our first Americans have their own special deal, the bargain has already been struck, it is recorded by our treaties, and our national honor guaranteed it.
As a starting point, I propose the Crow right to self-government, and help for them to regain ownership and control of their treaty land. I will describe special laws for that purpose. It will get BIA off their backs, and insure an environment in which the Crow can survive. This will be a model that other tribes can use if they wish. It does not solve the problem of homeless Indians, or those who are too far gone, but this plan offers hope for as many as half of our American Indians who choose to adopt what we offer the Crow Nation. With other similar tribes, we are providing for the survival of about one million Native Americans. You will determine their fate.
The only cost to taxpayers will be to fund the buy-back of white owned lands within the reservation boundaries, defined in this case by the final Crow treaty of 1868. This includes all land within what can be termed the lesser reservation (the 2.2 million acres that is 95% controlled by whites) plus the “ceded” land that is not occupied by cities and suburbs, now owned almost 100% by white ranchers. When you restore the ceded lands, the total area consists of about 8. million acres, which the treaty of 1868 defined as the final home of the Crow Indians.
Treaties are permanent agreements between nations, and are fully binding on future generations. Treaties are permanent until the parties revise them. Neither the Crow Nation, nor the United States Government, has ever officially disavowed these treaties, although the United States had often ignored them when it comes to the obligations promised.
An alternative is for the United States to abrogate the Indian treaties, but that is impractical. The real estate titles for most land in the United States is based on the treaties being honored. To dishonor them would return this land to it’s pre-treaty owners, the Indian tribes. In just the region where I live, all the land and buildings in North and South Dakota, Montana, Wyoming, Idaho, and similar states would revert to Indian ownership. To not honor the treaties, amounts to “giving it back to the Indians,” an impossible situation. I suggest instead that we operate as a “nation of laws,” and enforce the treaties - for both sides.
Following the treaty of 1868, there were “agreements,” rather than treaties, that sold (ceded) additional lands, reducing the effective Crow land to the present 2.2. million acres. I will propose a way to repurchase the ceded lands where it’s still possible to do so and where they have not been consumed by cities or suburban development, or used for highways, railroads, national parks and the like.
As a general overview, Indian Country in 1887 amounted to 136 million acres, and was gradually reduced to 34 million acres by 1934. If you make that into a fraction, 34 over 136 equals one fourth. Indian lands have been reduced to about one quarter of what was agreed to in the treaties. I have a goal of recovering those treaty lands wherever practical, which as a rule of thumb would roughly quadruple the size of today’s Indian Country.
Applying that rule of thumb to the Crow, you would expect their land to grow from the present 2.2 million acres to about 8 million acres. That just so happens to agree with the final Crow treaty in 1868, so their particular situation agrees with my rule of thumb.
The sales agreements with the Crow were not for the benefit of great hordes of landless European settlers, but instead benefited a few “land barons,” whose wealthy heirs and corporate beneficiaries control the land to this day. Obviously some of those people will be gunning for me, but that’s not very important in the great scheme of things.
Most of that land is used by large cattle ranches and wheat farms. Returning the part that is rural, in an orderly way, would not cause great financial hardship or the relocation of large numbers of non-Indian families. For other tribes provisions would have to be tailored to fit each situation and land use pattern. Life is not so simple that everything can be measured by a single rule of thumb.
I have developed a formula to produce a workable solution to the land problem, and it obeys the intent of the treaties. We can target treaties as being unfair to start with, and that the areas in which Indians lived had already been changed and shuffled around by the mass pressure of whites headed West. The fact remains that the treaties are the LAW OF THE LAND, they are well documented, and they represent the highest level of agreement between the parties. I can find no way to ignore them, and it is clear that Indians don’t want them ignored.
The treaties were intended to be permanent, and they define the “final home” and permanent refuge for the various tribes. They recognized Indian Nations as distinct political entities, with the power of self government, although subordinate to the United States. The boundaries were well defined and based on the facts at the time. Most of the treaties were ratified by the federal legislature, and those not ratified are still enforced as if they had been. They are fully enforced concerning benefits to the United States, to individual settlers, and to the land barons and cattle interests favored by Congress.
Beginning in the 1870’s, treaty making between two equal parties was dropped in favor of “agreements” for the ceding of land by Indians, in return for very small amounts of money or other benefits. The agreements also were based on the facts at the time, that lawless whites had ignored the Federal treaties and moved in by force to take more land. If you wonder WHY they did this, it simply was because they could. The Indians were starving and defenseless, and the federal government did little to protect them, but instead took advantage of their weakened condition to exploit the victims again and again.
In the western states, cattle barons drove their herds onto and across Indian land, and Indians were powerless to resist. The bountiful plains, considered by many as the most productive land on earth, a veritable Serengeti of North America, was destroyed in about ten years by overgrazing cattle. Sixty million buffalo and massive amounts of other wildlife were replaced by a few million cattle, and next came the idea of irrigation and dividing the partly spoiled land, as in Europe, among farmers and ranchers.
Irrigation takes capital, and a new method was needed to transfer the wealth of land ownership from Indians to whites. Thus came the “agreements” for Indians to cede (sell) their treaty land to the Government, and for much of the proceeds to be held “in trust.” The trust money was used to construct irrigation dams and ditches to feed water onto the land previously taken by white ranchers, and the remaining money held in trust by BIA was available for looting by BIA supervisors. Perhaps you can see why BIA has for decades resisted good accounting and insisted that Indians need trust services. The thefts continue today, it’s a profitable business, and those with the most marbles control the game.
My plan honors the treaties, and is aimed at recovering the “ceded” land. Where cities and suburbs have been built on the ceded land, the only practical solution is to allow them to continue to exist. Agricultural land will be returned to Indian ownership, and it will be paid for. There is no reason for Indians to pay to recover land held by the Federal Bureau of Land Management, the Forest Service, and the like. I suggest that the Federal Parks carved out of Indian Country be allowed to continue, with the exception (related to the Sioux Nation) of the Black Hills.
It is said that man’s home is his castle; but the Indian homeland was swindled away, and it’s time to restore some of their land where that is still practical. It’s not possible for a tribal group to exist without a place to live, and for some groups the rural land has lost it’s original character through the growth of cities and suburban sprawl, and returning that is not possible. For the Crow, recovery of most of the treaty land is possible.
White owners got the land through force and intimidation with the cooperation of our Government. We can not punish their children who profit from this, so the land must be bought back at current market prices. With the destruction of the buffalo and the best land going to whites, Indian capital was stripped away, which was racial and political exploitation at gun point. Indians can not survive without Indian Country anymore than the Amish could survive without their farms and horses, and to ignore this guarantees a final and absolute Indian genocide. Obviously Indians will continue to grow in number, but their unique culture, government and ethic will gradually die out.
Do Indians really want to govern themselves? I can say a few things about the Crow Nation, because I have smoked the pipe with them and I have listened. I don’t decide these things for them. The Crow People are competent to decide for themselves, and they have done so.
Of first importance, the Crow want to be recognized as a sovereign, self-governing people. Chairman Real Bird had much to say about this at his inauguration on July 1, 1988, and later he would pay a price for being “uppity” about Indian civil rights; an undeserved term in federal prison.
I was invited to attend the inauguration and that evening Richard and I took time to sit alone together, to talk under a clear Montana sky and dream dreams for Crow Nation. Let me quote from his address at the inauguration.
Real Bird’s address:
“We observe today a celebration of the inherent right to self government, which involves the right to elect officials and to inaugurate them. ... For I have sworn before you and almighty God, First Maker, to protect the women and children of the Crow Nation, to protect our rights and resources, and to uphold our Constitution.
The world is very different now from the time when Chief Sits in the Middle of the Land accepted and declared before the U.S. Government Treaty Commission sovereignty for the Crows. But the intent is still the same, that the Crows shall regulate and control all that was within the boundaries of the Nation that he established.
“This land that was described ... as being in exactly the right place today is still in exactly the right place ...
“The Crow Nation cannot permit the foreign ethic of greed and avarice to replace the native Crow ethic of sharing and benevolence ... .
“Nearly a century ago, my Great Grandfather, Chief Medicine Crow made the statement that “This land is mixed with the blood of my forefathers.” ... For he understood sovereignty as God the First Maker gave it to all Crows before him, that with sovereignty came the right to determine your own destiny, to speak your own language, to determine your own culture, and to regulate and control your own land.
“The survival of the Crow Nation depends on the protection and preservation of our land and natural resources, while maintaining our language, morals and cultural values, and by strengthening and improving our Crow Tribal Government. ... “
Chairman Real Bird concluded with “let us depend upon ourselves, and the next generation for I now reaffirm the sovereignty of the Crow Nation.” White ranchers don’t like “uppity” talk from an Indian, which is why Richard went to prison.
It should be obvious to you that the first priority of the Crow Nation is self-government. At present BIA holds their money, can veto their legislation and economic choices, and exploits and robs them. The State of Montana has had some success at taxing their coal and by this device much of the coal money goes to whites. Remember that the Crow land was NOT GIVEN to them by the United States. Their present land is a small portion of their original homeland that was NOT TAKEN by military force and intimidation. The full faith of the United States promised them the right to retain their remaining homeland forever, in return for yielding the greater portion of their land to the Federal Government, which they did.
I have read the treaties; the Crow right to a homeland and self government was recognized by the United States as primal. It is important to understand that the Crow authority to self government is not a gift from the United States. The United States recognized what was there, a Nation-State consisting of self-governing people and their land. That’s reflected in the Constitution and treaties.
Tomorrow’s history is based on what we do today. Sometimes I choke at the Pledge of Allegiance phrase with freedom and justice for all, because it is stated like an accomplished fact, while in truth there is neither freedom nor justice for many Americans. Let’s honor our ideals, rather than fool ourselves with a myth based on lies.
A simplistic (and wrong) answer to the “Indian Problem” is to dissolve the tribes, get rid of the reservations, and “allocate” the land to individuals, which will leave a “surplus” for sale by the Federal Government to favored friends. I tell you this is genocide applied, done to get the land to be exploited for quick profit. It is the most effective method ever used to destroy Native Americans. We must assume that Congress will try it again, and we must prevent it at all costs. There is no “Indian Problem,” the problem is the white man’s illness, greed for land and money.
Indians need freedom from the Federal laws that castrate tribal government and restrain their police power and court system.
They are a worthy people and before God I plead with you to let them live. They need your help, and I will ask you for specific help in the last chapter, to let Indians control their own destiny.
The Crow Nation has established its own trust fund, and does not need any “trust” services from BIA. The Crow can administer their own money and govern their own people. Perhaps we can learn from them, for their ancient and successful concept of government is truly of, by and for the people, a goal we lose sight of for ourselves.
The Crow word for Chief, “isbacheeittuua,” translates literally as “his man good,” or rephrased in English, “good man.” That designation is one earned by commendable acts and responsible behavior. Whites misused that term to mean that the Chief was a dictator who had the right to sign away tribal land, rather than just a person whose leadership qualities and status were admired by tribal members.
Richard Real Bird may be a convicted felon, but his trial was unfair and his conviction unjust. Richard has earned the title of Chief, for he is a good man. The horses were sold. Richard had a beloved paint stallion for parades as well as to service his mares, and it was sold. There were more horses; horses from brothers, horses from cousins and horses from Whistling Water Clan Uncles. Lawyers cost money, win or lose, and the horses ran out before the legal bills did. Horses were the wealth of the Real Bird family, but Richard lost the horses he earned the hard way as a rodeo rider, and went to prison.
BIA is a tough enemy, and it has unlimited purse strings when Indians or Whistleblowers speak out. The lesson is clear. You can complain a bit, but if you get loud BIA will bring you down as a lesson to your brothers and sisters to shut up and give in. Stealing from Indians is a way of life at BIA, BIA supervisors get their share, and the lawyers got the money from the Real Bird horses.
There are funds and federal services due the Crow Nation according to treaty agreements and custom. As I see it, BIA’s only function should be to issue a monthly check to the Crow Nation (as if it were a third world underdeveloped nation) for this purpose. The Crow can manage themselves without any “help” beyond that.
But don’t Indians sometimes elect crooked leaders who take advantage of their own people? Of course they do, and so does Chicago. Like non-Indians, they have a right to make their own mistakes. The odds for them to manage their own affairs are better than leaving them to the tender mercies of BIA and Federal politicians. Government works best close to home, and it is their right. They might want to redefine their method of government, which at present must follow a white concept rather than honor the Crow Way.
After some time goes by and the Crow Nation becomes self supporting, it might want to refuse further assistance from the United States. That’s up to the Crow, for they have the right to continue to receive federal funds for the indefinite future. It’s a contract, not charity.
You may wonder why Indians need trust services and protection for their land; is it because they are stupid or not competent to manage their own affairs? The Crow are as intelligent as any group of people I have ever met. The Indian ethic resides in each of them, and it includes sharing and kindness. If a Crow has a house and his neighbor needs shelter, he will invite the neighbor to move in. Food is shared even in hard times, down to the last scrap. The elderly are not forgotten.
It is the natural way of the Crow to include outsiders within their greater family, and to assume that others speak honest words and are worthy of trust. But what happens if the outsider is grasping, and takes advantage of the giving nature of the Indian? It’s not a theoretical question, because it has happened countless times. The white salesman says “if you are my friend just sign here, you can trust me,” and leaves with the Indian’s property.
Is the Indian a fool, and doesn’t he learn from this violation of his trust? He is no fool, and is dismayed by the action, but yes, he would do it again. Gentle People need protection from the selfish, but if they have the full right to self government, they will no longer be victims.
You are thinking that the Crow will immediately rip-up their land to get at the coal, and then live like kings. I tell you many of them would prefer to leave it in the ground forever, and feel they have no right to disturb the earth. In 1992, the tribe was presented with what appears to be a politically sponsored “deal” to sell their coal through Arch Minerals Corporation, and they voted it down. I believe they will develop their assets with great care and respect for the environment, and it is possible they will do nothing at all. The coal is a mixed blessing, for it makes them a target of those who want quick money and have no concern for the land. The Crow can choose for themselves, it is their right.
The specifics for the Crow Nation will be described further on. We will return their political and legal sovereignty, and provide a way to restore the essential part of their land.
The issue of returning land is what will bring the most opposition, because in the eyes of our displaced European culture land equals money, which is cherished more than the rights of human beings, especially minorities. This gets us right back where we started. Europeans were eager to kill Indians to get their land. My hope is that humankind has improved some since 1492, and that we now see Indians as part of “us” to be cherished, rather than a “them” to be victimized.
The land I am referring to includes what remains of their minimum 2.2 million acres (what is generally thought of now as the reservation), and the parts of the ceded land that are still rural. This needs some clarification.
There were two treaties that defined the limits of the Crow Reservation, with the last one in 1868 that reduced the area to a little over 8 million acres. During the time of pressure from the “cattle barons” more land was sold to whites, but the original boundaries of the reservation were not reduced, and in fact those later agreements restated that the earlier treaties remain in force. This makes it clear that the ceded lands are within the reservation’s legal boundaries, but without owning the land, it’s a moot point.
The ceded land must be returned except for the parts that have been built-up with the homes and cities of non-Indian settlers. Much of it is in huge tracts of grazing land and wheat fields, what we would call corporate farms, and could be returned to Indian ownership with a very minimum of personal hardship. Displacing non-Indian households is something else, and must be done gradually and gently to avoid personal hardships.
To Those who are Indian:
This book is designed for non-Indian readers, but right now I want to speak to those who are Indian. You have been made into victims, and the present conditions under which you live are not your fault. Still you can’t fully depend on your oppressors to right all wrongs, and there is something you must do to get out of the trap in which you find yourself. Please read once again the Oration to the Children of Plenty Coups. Key words there are that you must confront, you must unite, and you must “beat the drum strongly” so all will hear your story.
History teaches that to win civil rights, the oppressed people must get off their knees and demand their rights loudly and repeatedly. Violence does not work, but gives the oppressor an excuse to return more violence. Stand together, confront the evil, beat the drum strongly and march together all the way to Washington, and if necessary do it again, then again, and then again.
Move out of those square whiteman’s houses, and back into “real” homes, the teepees, hogans and long houses. Recover your languages and traditions, be inspired by your own rich history, and look to your elders and “traditionals” for leadership. Leaders will appear from your own ranks as you need them, and non-Indians who care about justice will join the struggle, but confrontation and struggle can’t be avoided. Let the whole world know your story.
It is not necessary for more generations of Indians to die waiting for the whiteman’s treaties to be honored. The late Horace Mann, often called the father of American public education, told his graduating students “Be ashamed to die until you have won some victory for humanity.” Now I tell this generation of American Indians that too many have gone to their graves waiting for America’s promises to be kept.
Wait no longer, and be ashamed to die until Indians are free.
Now I address those Elders whose years are drawing to a close, who might die too soon, before this is over. When you speak your last words, they should be something like this:
The earth is not sacred while we are not free. Don’t put my bones in the ground until the struggle is won.
Let your children build burial platforms along the roads where the whiteman drives through. When you die, you will be wrapped in blankets, and draped with the flag or staff of your Indian Nation. Let your body give testimony that there is no place for Indians to rest until Indian Country is again free. Each day let your children gather around with the drum, to pray for freedom and justice. The whiteman likes symbols, let him count the bodies. The whole world will see this, and it will build pressure towards freedom for Indians.
America’s Indians have a right to freedom, and you and I can restore their human dignity. No person is harmed by this, and our great pride as Americans will be vindicated. The final chapter tells how to do this, and I pray for your help.