WEBVTT - Indigenous People's Day 0:00:04.920 --> 0:00:08.280 Welcome to it could happen here a podcast that is 0:00:08.840 --> 0:00:12.479 on the cycle of being sort of okayly introduced. When 0:00:12.480 --> 0:00:15.120 this episode goes out, it will be Indigenous People's Day 0:00:15.360 --> 0:00:19.160 and so to to talk about that more where we're 0:00:19.160 --> 0:00:21.400 gonna talk to Dalia Killsback, who is a member of 0:00:21.440 --> 0:00:25.680 the Northern Cheyenne, has a Northern Cheyenne tribal citizenship and 0:00:26.360 --> 0:00:30.280 has sort of studied and worked in federal India tribal policy. Dahlia, Hello, 0:00:30.360 --> 0:00:33.000 how how are you doing? I'm doing well. Thank you 0:00:33.280 --> 0:00:36.879 for inviting me here today. Of course Garrison is also here. 0:00:37.000 --> 0:00:41.479 Garrison Hello, Hello. I'm I'm currently also doing writing about 0:00:42.080 --> 0:00:46.440 indigenous stuff, but within the context of Canada, which people 0:00:46.440 --> 0:00:49.680 should will probably here later this week. UM so yeah, 0:00:50.080 --> 0:00:52.919 I guess first thing I wanted to talk about is 0:00:52.960 --> 0:00:56.040 a little bit is about what Indigenous People's Day is 0:00:56.440 --> 0:01:00.320 and why it is that and not the other thing. 0:01:01.160 --> 0:01:06.880 Um yeah. So Indigenous People's Day, UM, as many people know, 0:01:07.160 --> 0:01:12.200 is replacing I'm gonna say it, Chris chrispher Columbus Day. Um. 0:01:12.240 --> 0:01:16.480 That is still like a federal holiday, but multiple cities 0:01:16.520 --> 0:01:21.120 and states have opted to use Indigenous People's Day instead. Um. 0:01:21.240 --> 0:01:25.200 And The reasoning for that is acknowledging the atrocities that 0:01:25.240 --> 0:01:28.720 were committed by Christopher Columbus, who, first of all did 0:01:28.760 --> 0:01:35.640 not discover America UM, but UM continue to UM not 0:01:35.720 --> 0:01:42.000 only use slavery, but UM commit different forms of genocide, rape, etcetera, 0:01:42.040 --> 0:01:46.040 all of these terrible atrocities. And so rather than celebrating 0:01:46.520 --> 0:01:52.160 UM somebody like that UM, Indigenous People's Day UM has 0:01:52.200 --> 0:01:56.000 been implemented in order to recognize the people who are 0:01:56.200 --> 0:02:03.040 actually here first UM and in Diigenous people's across the America's, 0:02:03.280 --> 0:02:11.080 their histories, cultures, and contributions. Yeah, Columbus, real piece of ship, 0:02:11.200 --> 0:02:16.160 worst Christopher, Like, yeah, it really cannot be overstated how 0:02:16.200 --> 0:02:20.240 bad that guy was. Even even you know, even people 0:02:20.360 --> 0:02:22.960 in that era who had committed their own genocides like 0:02:23.160 --> 0:02:26.239 Isabelle and Ferdinand, who you know, expelled the Jews from Spain. 0:02:26.240 --> 0:02:28.679 Where it's like, you know, if once you've reached the 0:02:28.720 --> 0:02:31.720 sentence expelled the Jews from X, like you you're a 0:02:31.919 --> 0:02:34.720 You're already in the ship list of the worst people 0:02:34.760 --> 0:02:37.160 in human history. And even they saw what Columbus was doing, 0:02:37.160 --> 0:02:41.440 it was like what on earth, bad bad guy, bad name. 0:02:42.040 --> 0:02:46.600 Things are going to continue to go badly, And yeah, 0:02:46.600 --> 0:02:49.560 that that wasn't everything that I wanted to talk about, 0:02:49.639 --> 0:02:54.360 which is federal Indian policy. And you know this, this 0:02:54.400 --> 0:02:58.400 is an incredibly broad This is an incredibly broad area 0:02:58.720 --> 0:03:03.280 spanning like three hundred years. So we're not gonna be 0:03:03.280 --> 0:03:05.080 able to go into like an enormous amount of depth 0:03:05.120 --> 0:03:09.000 in it. But I think it's important that people have 0:03:09.120 --> 0:03:13.359 an understanding of, I mean a just what the US 0:03:13.480 --> 0:03:16.240 did and how everyone else has had the sort of 0:03:16.639 --> 0:03:19.480 deal with it. And then also the fact that this 0:03:19.560 --> 0:03:22.040 is something that changes over time and has has looked different, 0:03:22.040 --> 0:03:26.480 It's looked it's been bad in different ways. Yeah, And 0:03:26.520 --> 0:03:30.320 so when talking about federal Indian policy, I always like 0:03:30.400 --> 0:03:35.760 to contextualize it within a larger um sort of like 0:03:35.880 --> 0:03:41.360 euro American like teleology of colonial conquests and then moving 0:03:41.360 --> 0:03:44.800 on to Setler colonialism and where we are with federal 0:03:45.560 --> 0:03:50.040 federal Indian policy currently. UM, So how do we connect 0:03:50.680 --> 0:03:55.800 Christopher Columbus to where we are currently? UM? And this 0:03:55.880 --> 0:04:00.400 is the history of federal Indian policy and Western legal 0:04:00.440 --> 0:04:08.520 discourse and how UM European powers throughout history have defined 0:04:08.560 --> 0:04:12.400 what it means to be an Indian person in relationship 0:04:12.600 --> 0:04:16.240 to UM indigenous people's rights to their own land and 0:04:16.279 --> 0:04:20.800 to self governance. UM. So when we're looking at the 0:04:20.839 --> 0:04:25.080 different periods of federal Indian policy UM, prior to their 0:04:25.120 --> 0:04:29.640 being the United States government, we have the colonial period UM, 0:04:29.720 --> 0:04:35.440 which is fourteen ninety two to seventeen seventies six. UM. 0:04:35.480 --> 0:04:40.560 This is how federal Indian policy illegal scholars divide that UM. 0:04:40.640 --> 0:04:45.440 And it's really important to kind of give the difference 0:04:45.480 --> 0:04:49.200 between what is um a colonial state versus a settler 0:04:49.200 --> 0:04:52.400 colonial state when you're talking about not just the United 0:04:52.440 --> 0:04:56.960 States government, but also the Canadian government and um, different 0:04:56.960 --> 0:05:00.400 governments globally. UM. But I want to talk just a 0:05:00.480 --> 0:05:03.799 little bit about what I mean by the difference between 0:05:04.160 --> 0:05:07.800 a colonial government and a suttler colonial government, because they're 0:05:07.800 --> 0:05:13.800 tied together, UM. So by a settler colonial government, I 0:05:13.839 --> 0:05:18.479 mean what I mean is that it is defined by 0:05:18.520 --> 0:05:24.240 the d territorialization of indigenous population populations. And so rather 0:05:24.320 --> 0:05:27.360 than in a colonial government as you had with Christopher 0:05:27.440 --> 0:05:31.800 Columbus and the Spanish and with the English, etcetera, UM 0:05:31.880 --> 0:05:38.240 is rather than a state and sovereignty being conceived as 0:05:39.320 --> 0:05:41.680 all these resources are going back to the metrical All 0:05:41.720 --> 0:05:45.560 these resources are going back to England or to Spain, etcetera. 0:05:45.640 --> 0:05:53.279 And colonial occupation is in is um conceptualized within this 0:05:53.400 --> 0:05:58.440 way in settler colonial governments, UM, the colonists come to 0:05:58.520 --> 0:06:01.880 these lands and stay and they're what they define as 0:06:01.880 --> 0:06:04.800 sovereignty is within this land that they define now as 0:06:04.839 --> 0:06:10.000 their own. So and in order for that process to happen, UM, 0:06:10.080 --> 0:06:12.440 there needs to be different forms of genocide of the 0:06:12.440 --> 0:06:15.400 indigenous populations. And so that's what we saw with Christopher 0:06:15.440 --> 0:06:20.640 Columbus and throughout history, UM was just the depletion of 0:06:20.680 --> 0:06:25.440 a lot of our indigenous populists. UM. And so when 0:06:25.440 --> 0:06:30.560 I mean about the United States UM being a settler 0:06:30.600 --> 0:06:33.800 colonial state, I mean that this is current and ongoing. 0:06:34.120 --> 0:06:37.080 And so when we talk about federal Indian policy, UM, 0:06:37.160 --> 0:06:41.800 federal Indian policy is always in this conversation with what 0:06:41.960 --> 0:06:46.960 started with Christopher Columbus as the doctrine of discovery and UM. 0:06:47.000 --> 0:06:51.960 So that's how we define the colonial period. And feel 0:06:52.000 --> 0:06:54.760 free to like stop me and ask me questions. Else 0:06:54.800 --> 0:06:58.440 I'm just going to try to move quickly because there's 0:06:58.440 --> 0:07:02.320 a lot I think we probably should briefly talk about 0:07:02.320 --> 0:07:06.120 what the doctory discovery is, um least before we get 0:07:06.120 --> 0:07:09.560 to set the martial trilogy and stuff. For sure, what 0:07:09.600 --> 0:07:16.080 does that actually mean legally? Um? So legally um, it's 0:07:16.240 --> 0:07:20.440 the discovery of a quote unquote New found Land UM 0:07:20.480 --> 0:07:25.640 by European colonial forces. And the reason why it's called 0:07:25.640 --> 0:07:29.240 the doctrine of discovery was that indigenous peoples on these 0:07:29.320 --> 0:07:33.120 lands were deemed unable to govern themselves and they did 0:07:33.120 --> 0:07:36.920 not know how to utilize their land up to the 0:07:37.000 --> 0:07:42.120 definition of what the European powers thought UM land use 0:07:42.360 --> 0:07:48.480 was that um. Indigenous peoples didn't have the same concept 0:07:48.640 --> 0:07:55.800 of property um, and same with their relationship with resources 0:07:55.880 --> 0:08:00.600 and resource extraction. So when um, Christopher club this and 0:08:00.760 --> 0:08:05.400 all of these other colonizers clunky clunkys doors came to 0:08:05.560 --> 0:08:09.520 the quote unquote New Land, UM, they saw all of 0:08:09.560 --> 0:08:13.560 this rich, plentiful resource and thoughts of themselves, Well, obviously 0:08:13.600 --> 0:08:16.760 these people don't know what they're doing because there's just 0:08:17.080 --> 0:08:20.920 so much they have not done anything with it. Um. 0:08:21.000 --> 0:08:24.360 And we're going to take this back to two hours 0:08:24.400 --> 0:08:29.600 because obviously their inferior beings and don't know what property is. 0:08:29.840 --> 0:08:35.880 So um. Legally um it the doctrine of Discovery conveyed 0:08:36.120 --> 0:08:39.600 legal title to an ownership of American soil to European 0:08:39.679 --> 0:08:44.320 nations UM a title that devolved to the United States 0:08:44.400 --> 0:08:50.120 and so UM. This definition is expansive UM and expansive 0:08:50.120 --> 0:08:54.000 discovery implies that Native nations have a right to lands 0:08:54.000 --> 0:08:57.880 as occupants or possessors, but they are incompetent to manage 0:08:57.880 --> 0:09:02.760 those lands and need a quote unquote benevolent guardian such 0:09:02.800 --> 0:09:09.160 as a federal government who holds legal title and UM. 0:09:09.280 --> 0:09:13.320 So when we're talking about this legal title, it devolves 0:09:13.320 --> 0:09:17.240 to the United States. Later on, UM in history, after 0:09:17.760 --> 0:09:22.360 the American Revolution UM, and so rather than being colonial 0:09:22.440 --> 0:09:26.120 states UM as the United States like thirteen original colonies, 0:09:27.040 --> 0:09:32.240 given um, the American Revolution and its own constitution and 0:09:32.320 --> 0:09:37.160 its creation of itself as a nation state, then that 0:09:37.240 --> 0:09:43.600 turns into a settler colonial government. Yeah. I think we can, Yeah, 0:09:43.679 --> 0:09:47.640 we can get to what happens next then, because yeah, yeah, 0:09:47.679 --> 0:09:50.000 you have you have this elaborate legal framework that lets 0:09:50.000 --> 0:09:52.880 you steal people's land and murder them and then control it. 0:09:53.600 --> 0:09:58.040 And then the outgrowth of that is this sort of 0:09:58.080 --> 0:10:01.240 weird event where the colonies go into rebellion and suddenly, yeah, 0:10:01.280 --> 0:10:03.440 there's there's not a colony. They're not colonies anymore. They 0:10:03.480 --> 0:10:07.360 just are the state and so yeah, but what happens 0:10:07.679 --> 0:10:09.840 next after the sort of formation of the United States. 0:10:11.240 --> 0:10:16.560 So after the formation of the United States, um, so, 0:10:16.600 --> 0:10:20.120 we have this period the American Revolution, it's all not 0:10:20.240 --> 0:10:24.480 really diving into. It is seventeen seventy six to seventeen 0:10:24.480 --> 0:10:27.520 eighty nine, and it's called the Confederation period. But next 0:10:27.559 --> 0:10:30.560 we have the Trade and Intercourse Act era, which is 0:10:30.600 --> 0:10:34.560 from seventeen eighty nine to eighteen thirty five. And so 0:10:34.600 --> 0:10:39.400 this is defined with the United States Constitution and Congress's 0:10:39.440 --> 0:10:43.560 exclusive right to regulate trade relations and make lands since 0:10:43.559 --> 0:10:47.480 the land secessions, and enter into treaties with tribes. So 0:10:47.520 --> 0:10:52.400 this is a treaty making era with the tribes that 0:10:52.480 --> 0:10:55.760 only the United States federal government is able to And 0:10:55.800 --> 0:10:59.800 there's a distinction there because there had been a lot 0:11:00.080 --> 0:11:04.000 of contestation between states and the federal government as to 0:11:04.120 --> 0:11:08.200 who is going to now deal with these, um these 0:11:08.320 --> 0:11:12.920 nations that are with our within our own settler colonial borders. 0:11:13.000 --> 0:11:18.719 So whose job is that to solve this issue? Um? So, 0:11:18.840 --> 0:11:23.360 within the United States Constitution, there are three clauses that 0:11:23.400 --> 0:11:28.160 define the United States legal relationship to American Indians, and 0:11:28.240 --> 0:11:31.000 so these are the treaty making Clause the commerce clause 0:11:31.160 --> 0:11:36.800 and the property clause. Um. And so this this movement 0:11:37.040 --> 0:11:42.079 from just relying on the doctrine of discovery and treaty 0:11:42.120 --> 0:11:45.280 making processes between different European powers now is between the 0:11:45.360 --> 0:11:49.440 United States federal government and tribes. And so what this 0:11:49.520 --> 0:11:54.839 does is now tribes are located within the United States territory, 0:11:55.400 --> 0:11:58.760 and this places Indians within the boundaries and jurisdiction of 0:11:58.800 --> 0:12:01.400 the United States, and now they are a matter of 0:12:01.440 --> 0:12:04.839 domestic interest something. It leads it's to one of the 0:12:04.880 --> 0:12:08.800 sort of complicated questions that the changes to this whole era, 0:12:09.000 --> 0:12:13.120 which is about what does sovereignty mean for these tribes 0:12:13.520 --> 0:12:16.559 and to what extent to the even continue to possess it, 0:12:16.760 --> 0:12:20.200 and how does that even sort of how does that 0:12:20.240 --> 0:12:21.960 work if you have when you have this new state 0:12:22.040 --> 0:12:26.120 that's sort of just has his clean control here, right 0:12:26.240 --> 0:12:31.600 And also during this period, um, well, well later on 0:12:31.679 --> 0:12:35.800 when we have um started jumping ahead of myself, when 0:12:35.800 --> 0:12:39.720 we have the extermination of the treaty making process, and 0:12:39.800 --> 0:12:46.760 this completely removes seeing tribes as independent sovereign nations. UM. 0:12:46.840 --> 0:12:50.240 So I think that will kind of get more into 0:12:50.320 --> 0:12:54.720 that later. But the thing with federal Indian policy, UM, 0:12:54.960 --> 0:13:00.600 is that it's sort of self prophesizing. So as settlers 0:13:00.600 --> 0:13:05.160 are moving across America, UM, the United States government also 0:13:05.240 --> 0:13:09.920 has to create these policies UM in order to legalize 0:13:10.040 --> 0:13:13.800 these land cessations and movements. And a pattern that we 0:13:13.920 --> 0:13:18.120 do see here UM throughout history and throughout time is 0:13:18.160 --> 0:13:21.160 that the United States federal government, as a settler state 0:13:21.600 --> 0:13:27.559 is um over the rights of over the UM rights 0:13:27.600 --> 0:13:31.840 to land and rights of indigenous peoples themselves. You have 0:13:32.000 --> 0:13:35.800 a priority of the settler state in order to acquire land. 0:13:36.440 --> 0:13:40.000 So that a lot of the reason why UM later 0:13:40.040 --> 0:13:44.559 these treaties will be broken, etcetera, is because settlers are 0:13:44.559 --> 0:13:48.240 moving into these lands and the United States is then 0:13:48.600 --> 0:13:54.280 breaking these treaties in order to UM have more more land, 0:13:54.640 --> 0:13:58.520 more land secessions. Yeah, the laws are of just following 0:13:58.520 --> 0:14:02.520 the violence and it just becomes a retroactive justification. Yes, 0:14:04.920 --> 0:14:19.080 it's it's a self justifying sort of sovereignty. So this 0:14:19.160 --> 0:14:21.520 is the removal period and what a lot of people 0:14:21.600 --> 0:14:26.520 may have heard of. So it's from to eighteen sixty one, 0:14:26.720 --> 0:14:29.360 and what we have is the extinguishment of Indian title 0:14:29.400 --> 0:14:33.760 to eastern lands and the removal of Indian tribes westward 0:14:34.400 --> 0:14:37.800 so UM. One of the most notable acts is the 0:14:37.840 --> 0:14:42.160 Removal Act, which was authorized by President Andrew Jackson, which 0:14:42.240 --> 0:14:45.560 moved Um Indians from the east to the west of 0:14:45.560 --> 0:14:50.600 the Mississippi River into what was called Indian Territory UM. 0:14:50.640 --> 0:14:56.120 And what brought about this UM Federal Federal Act UM 0:14:56.360 --> 0:15:00.600 was a series of three foundational statutes within federal Indian 0:15:00.640 --> 0:15:04.760 policy UM dictated by Chief Justice John Marshall. So first 0:15:04.800 --> 0:15:08.800 we have Johnson B. Macintosh Cherokee Nation be Georgia and 0:15:08.840 --> 0:15:13.800 Worcester be Georgia. And I won't go into too much detail, 0:15:13.880 --> 0:15:18.800 but what this these essentially UM did and legally defined 0:15:19.240 --> 0:15:24.320 tribes as being domestic dependent nations. And so it clarified 0:15:24.400 --> 0:15:31.160 more that again tribal nations are underneath the federal government's overview, 0:15:31.280 --> 0:15:36.040 not the states. So yeah, it placed tribes above state jurisdiction. 0:15:36.200 --> 0:15:39.760 And what this is trying to do was UM solve 0:15:39.880 --> 0:15:43.240 some issues that tribes such as the Cherokee Nation had 0:15:43.320 --> 0:15:46.640 with different states when it came to land and UM 0:15:46.760 --> 0:15:52.200 jurisdiction over said land. UM. But that is kind of 0:15:52.240 --> 0:15:56.840 the basis of a lot of federal Indian policy and 0:15:56.880 --> 0:16:00.320 still remains truth day. And what is notable uh in 0:16:00.400 --> 0:16:05.200 each one of these statutes UM, I believe, particularly in 0:16:05.440 --> 0:16:11.680 Worcester the Georgia, although it seems that it was supporting 0:16:11.760 --> 0:16:15.960 tribal sovereignty in them and that they were above state jurisdiction, 0:16:16.360 --> 0:16:22.160 a lot of these UM statute sided racist president and 0:16:22.320 --> 0:16:25.520 the doctrine of Discovery. So what you see for federal 0:16:25.520 --> 0:16:28.200 Indian policy is that a lot of the fount well 0:16:28.240 --> 0:16:31.680 all the foundation for federal Indian policy based on President 0:16:31.880 --> 0:16:35.240 is the Doctrine of Discovery, which is reliant on the 0:16:35.280 --> 0:16:41.520 idea that American Indians were savages and needed um federal 0:16:41.840 --> 0:16:50.400 benevolence and um paternalism in order to regulate their own affairs. Yeah, 0:16:50.440 --> 0:16:52.880 and I think that's well, okay, we should probably not 0:16:52.920 --> 0:16:55.160 just immediately get to allotment, but yeah, because there this is, 0:16:55.160 --> 0:16:58.560 there's this, there's also Yeah, this is also the period 0:16:58.560 --> 0:17:00.240 of use. Yeah, the thing you were talking about earlier, 0:17:00.360 --> 0:17:02.840 the thing you helped me know about, which is okay, 0:17:02.920 --> 0:17:04.439 it's not true to say this is when this starts, 0:17:04.800 --> 0:17:09.040 but this is Indian Removal Act, Trail of Tears territory. 0:17:10.000 --> 0:17:12.800 And yeah, one thing that you know, I think one 0:17:12.800 --> 0:17:14.199 of one of the sort of running themes of this 0:17:14.280 --> 0:17:18.080 is that, you know, the the law in this context 0:17:18.200 --> 0:17:20.879 is just sort of becomes a sort of retroactive excuse 0:17:20.920 --> 0:17:24.600 to do whatever needs to be done from the perspective 0:17:24.680 --> 0:17:27.040 quote unquote of the sort of of the settler state 0:17:27.119 --> 0:17:31.119 to just take all of this land. Yeah. And I 0:17:31.160 --> 0:17:34.120 think maybe like one of the keystones of this is 0:17:34.760 --> 0:17:38.880 Andrew Jackson just straight up tellings between court to funk 0:17:38.920 --> 0:17:41.960 Off so that he can do so he can do 0:17:42.000 --> 0:17:46.840 with trail of tears. Yeah. Um. So the Removal Act 0:17:48.119 --> 0:17:51.680 happened after all of these statutes that you already had 0:17:51.880 --> 0:17:57.240 that supported um, federal Indian sovereignty. And so the Cherokees 0:17:57.640 --> 0:18:02.520 in Georgia were one of the tribes that were removed. Um. 0:18:02.680 --> 0:18:07.080 And so you kind of see what you talked about, 0:18:07.160 --> 0:18:13.520 the the retrograde kind of justifications for said removal despite um, 0:18:13.640 --> 0:18:19.080 the statutes that are there. So although that like Marshall 0:18:19.359 --> 0:18:22.200 Um in Worcester f Georgia determined that the State of 0:18:22.240 --> 0:18:26.760 Georgia did not have jurisdiction over Cherokee territory all this territory, 0:18:26.800 --> 0:18:30.760 although this territory was in the state's borders. Um. Later on, 0:18:30.920 --> 0:18:36.159 you see with the Removal Act that although these statutes 0:18:36.200 --> 0:18:41.280 are still president in federal Indian policy, those were noll 0:18:41.880 --> 0:18:46.400 in order for UM there to be more UM expansion 0:18:46.520 --> 0:18:51.640 of settlers within these areas. So when it was decided that, oh, wait, 0:18:51.680 --> 0:18:54.160 we do need this land and we don't actually want 0:18:54.200 --> 0:18:56.960 these Indians here, let's put them to the side over 0:18:57.040 --> 0:18:59.640 past the Mississippi so that they're out of side, out 0:18:59.640 --> 0:19:03.240 of my right. So we see more of this um 0:19:03.359 --> 0:19:08.280 justification for settler expansion. And so again we bring back 0:19:08.320 --> 0:19:12.480 to these themes of like settler colonialism in order to 0:19:12.920 --> 0:19:17.040 UM kind of gain more of this land. And a 0:19:17.040 --> 0:19:20.520 lot of these statutes are still cited the doctrine of 0:19:20.600 --> 0:19:26.320 discovery in them and rather than supporting tribal policy, the 0:19:26.359 --> 0:19:30.480 relationship between the United States federal government and American Indians 0:19:31.119 --> 0:19:34.320 um was not based on the rights of Indians, but 0:19:34.480 --> 0:19:38.600 more that they can't they can't govern themselves, right and 0:19:38.680 --> 0:19:41.720 so so and that's the whole issue is like people 0:19:41.720 --> 0:19:43.679 are like they don't know what they're doing, so we're 0:19:43.720 --> 0:19:46.840 gonna push them and like take their land again. So 0:19:47.080 --> 0:19:49.679 I I don't know if you want me to go 0:19:49.760 --> 0:19:54.560 too much into the trail of tears, but um, you're 0:19:54.560 --> 0:19:57.359 seeing a lot of patterns here, I think, different forms 0:19:57.359 --> 0:20:01.320 of genocide, different forms of taking land. This was this 0:20:01.359 --> 0:20:03.399 is all around the same time as the Indian acting 0:20:03.480 --> 0:20:06.280 Canada as well, which was did a very similar thing, 0:20:07.840 --> 0:20:11.080 especially starting in the nine it's starting in the twenty 0:20:11.440 --> 0:20:15.359 century as well with the like expansion of the like 0:20:15.560 --> 0:20:19.080 assimilation programs. Yeah, and I think I guess the only 0:20:19.119 --> 0:20:20.840 thing I want to point out about this is that, 0:20:21.280 --> 0:20:22.399 you know, so one of one of the things that 0:20:22.440 --> 0:20:25.680 happens trailers here is at the Streme Court like tells 0:20:26.240 --> 0:20:29.240 Jackson that he can't do this, and j actually just 0:20:29.320 --> 0:20:32.399 does it anyways. And I think that's a very interesting 0:20:32.400 --> 0:20:35.480 important moment because you know, this is this is this 0:20:35.600 --> 0:20:38.840 thing right where the federal government can tell there's Supreme 0:20:38.880 --> 0:20:40.960 Court to funk off, right, and there's nothing that Streme 0:20:40.960 --> 0:20:43.080 Court could do about it. And if you look at 0:20:43.160 --> 0:20:45.439 what they did it to do, the thing they did 0:20:45.520 --> 0:20:49.840 it to do was genocide. And it's I think it's 0:20:49.880 --> 0:20:51.159 it's just I think this is a very sort of 0:20:51.359 --> 0:20:55.480 I don't know, this incredibly grim like you know, encapsulation 0:20:55.560 --> 0:20:58.639 of like what this state actually is, which is this 0:20:58.720 --> 0:21:01.480 sort of genocide machine and whatever sort of this is 0:21:01.520 --> 0:21:03.479 what sovereignty is right. The ability to break your own 0:21:03.560 --> 0:21:05.560 rules sort to sort of into or toning the system. 0:21:05.600 --> 0:21:08.720 So you know, you break your own laws and you 0:21:08.760 --> 0:21:10.520 know as we're gonna get you in a second, like 0:21:10.640 --> 0:21:12.920 you break your own treaties continuously, and you do this 0:21:13.040 --> 0:21:15.200 because you know, the genisite machine has to keep moving, 0:21:15.920 --> 0:21:19.479 right and Um. There's a couple of federal and new 0:21:19.560 --> 0:21:24.320 policy theorists um Findeler Jr. Who's one of the most 0:21:24.359 --> 0:21:27.120 famous ones, and David E. Wilkins who talks about how 0:21:27.880 --> 0:21:31.480 there's no need for checks and balances within the federal 0:21:31.560 --> 0:21:35.960 Indian policy system. So you have Congress that is able 0:21:36.040 --> 0:21:41.560 to um pass whatever act they want, and and then 0:21:41.640 --> 0:21:43.920 you also have the Supreme Court, and then you also 0:21:44.000 --> 0:21:48.880 have executive action. But it wasn't really delineated that well 0:21:49.160 --> 0:21:53.680 um within especially when it comes to this period as 0:21:53.760 --> 0:21:56.119 to who is going to be dealing with the Indians 0:21:56.600 --> 0:21:59.840 kind of thing. Um. And so this kind of confusion 0:22:00.000 --> 0:22:04.320 and not really completely defining what it means to be 0:22:04.480 --> 0:22:08.119 a domestic dependent nation, I think really just goes to 0:22:08.200 --> 0:22:14.280 show how much of a fragile edifice like settler um 0:22:14.400 --> 0:22:18.480 colonial policy is for it is within the system. UM. 0:22:18.760 --> 0:22:22.560 But again moving on it comes back again to land. 0:22:22.840 --> 0:22:27.320 So the reservation area era in eighteen sixty one to 0:22:27.440 --> 0:22:31.639 eighteen eighty seven UM has you have a lot of 0:22:31.760 --> 0:22:37.360 westward expansion of non Indians UM settlers, specifically to California. 0:22:37.480 --> 0:22:41.960 You also have the creation of Indian reservations and resulting 0:22:42.040 --> 0:22:47.560 Indian wars UM. Uh. So during this era what you 0:22:47.640 --> 0:22:50.560 see a lot out of UM are different types of 0:22:50.640 --> 0:22:55.159 attempts that assimilation UM and a lot of warfare. So 0:22:55.320 --> 0:22:57.840 you have a lot of the Plains tribes my tribe 0:22:57.880 --> 0:23:02.200 for instance, UM that are going through all of these 0:23:02.359 --> 0:23:08.720 battles fighting UM forced removal onto reservations UM. One of 0:23:08.760 --> 0:23:13.119 the most famous ones was UM the Battle of Greasy 0:23:13.200 --> 0:23:16.480 Grass or a Little Big Horn UM where General Custer 0:23:17.560 --> 0:23:22.360 was killed by Sue Cheyennes and Arapahos, and different instances 0:23:22.440 --> 0:23:26.080 of battles such as those, and also where a lot 0:23:26.119 --> 0:23:32.200 of tribes UM were forcibly removed to era areas that 0:23:32.320 --> 0:23:35.919 they weren't originally from. So like how the Sheriffees were 0:23:36.280 --> 0:23:40.359 moved to Oklahoma, there was attempts of my tribe, for instance, 0:23:40.440 --> 0:23:43.520 more than Cheyenne to be moved down to Oklahoma as well, 0:23:44.160 --> 0:23:48.119 and that's why there's some Southern Cheyennes in Oklahoma and 0:23:48.200 --> 0:23:51.919 then my tribes and with thin Shians in Montana. Another 0:23:52.440 --> 0:23:56.320 um in. Another thing that is happening during this period 0:23:56.359 --> 0:23:59.879 are boarding schools UM the boarding school era. So the 0:24:00.040 --> 0:24:05.879 attempt at assimilation through education UM and assimilation is also 0:24:06.600 --> 0:24:12.280 UM within within the settler colonial kind of structure. It's 0:24:12.520 --> 0:24:15.119 it's defined as a process where indigenous people end up 0:24:15.600 --> 0:24:23.160 UM conforming to different constructed notions of UM settler norms UM. 0:24:23.480 --> 0:24:27.080 So if they're not absorbed within the state completely, then 0:24:27.119 --> 0:24:32.960 their attempted attempt to be assimilated UM culturally, UM through education, 0:24:33.200 --> 0:24:36.960 through languages, in terms of economics and how you have 0:24:37.080 --> 0:24:41.280 a bunch of different sort of bureaucratic structures on these 0:24:41.359 --> 0:24:48.560 reservations trying to make tribal governments appear to be UM 0:24:49.960 --> 0:24:55.520 or constructed as as settler colonial governments are UM. So 0:24:56.080 --> 0:25:00.720 maybe it's the three branches UM in ways that aren't 0:25:00.800 --> 0:25:06.000 just compatible with different tribes culturally, and you also have 0:25:06.680 --> 0:25:11.280 the attemptive eradication of different kind of spiritual and cultural 0:25:11.400 --> 0:25:18.840 practices and a lot of Christianity course on different people 0:25:19.080 --> 0:25:22.280 and just kind of terrible things that UM I think 0:25:22.320 --> 0:25:25.680 more and more people are becoming aware of due to 0:25:26.160 --> 0:25:29.000 due to current movements. But we'll get into that moment later. 0:25:39.760 --> 0:25:44.040 Do we want to talk about a lot of in 0:25:44.119 --> 0:25:49.640 the same period, Yes, a lotment period and UM course assimilation. 0:25:50.000 --> 0:25:53.120 So this is like eighteen seventy one to nineteen thirty four, 0:25:53.280 --> 0:25:55.560 and so this is the end of the treaty making process. 0:25:55.960 --> 0:26:01.320 So the whole idea of UM trying to force tribes 0:26:01.400 --> 0:26:06.200 onto reservations and signed these treaties were too again take 0:26:06.400 --> 0:26:08.760 land and make sure that the United States has more 0:26:08.880 --> 0:26:12.640 land and all the land, etcetera that they possibly have UM. 0:26:13.240 --> 0:26:20.040 So at this end of treaty making UM federal allotment 0:26:20.119 --> 0:26:24.719 of Indian lands also happened in the UM the Jaws 0:26:24.800 --> 0:26:30.480 Act UM. And so what this was was an attempt 0:26:30.600 --> 0:26:37.040 to UM further shrink the reservation lands that tribes are 0:26:37.040 --> 0:26:43.560 already guaranteed within treaties UM. So during this period, I 0:26:43.680 --> 0:26:49.399 think that somewhere like nine million acres were UM taken 0:26:49.600 --> 0:26:53.080 from tribal reservations during the allotment process. So that what 0:26:53.160 --> 0:26:56.359 the allotment process did was it counted each in every 0:26:56.840 --> 0:27:01.520 individual Indian UM that was eligible. I think there were 0:27:02.040 --> 0:27:09.040 adults um. Yeah, adults that were eligible UM, and each 0:27:09.119 --> 0:27:11.600 one of them were given a certain parcel of land, 0:27:11.720 --> 0:27:17.080 a certain number of acreage UM. And once all of 0:27:17.160 --> 0:27:20.920 this land was calculated, what you had was an excess 0:27:21.040 --> 0:27:24.120 of land quote unquote excess of land that the tribes 0:27:24.200 --> 0:27:28.240 obviously didn't need because they had still too too many people. 0:27:28.720 --> 0:27:33.000 And so what the excess of land um was utilized 0:27:33.040 --> 0:27:37.440 force for pioneers and for settlers UM. If it didn't 0:27:37.480 --> 0:27:42.120 go UM to the federal government, it was to um 0:27:42.960 --> 0:27:50.639 incentivized settlers to colonized, esscial settle on Indian lands. So 0:27:51.080 --> 0:27:56.480 trying its hardest to not stay true to its treaty 0:27:56.520 --> 0:27:59.960 making practices. I think everything was interesting to me about 0:28:00.080 --> 0:28:02.720 this is that, like because one of the other goals 0:28:02.760 --> 0:28:04.200 of this is to sort of like, oh is the 0:28:04.280 --> 0:28:06.480 civilizing mission. It's like, yeah, we're gonna turn them into 0:28:06.640 --> 0:28:10.359 We're turning these people into like like human farmers, like 0:28:10.800 --> 0:28:14.320 true American fintiersman or whatever. And it's just like it 0:28:14.400 --> 0:28:16.840 just doesn't work because economically it doesn't make any sense, 0:28:16.920 --> 0:28:19.920 like breaking up all these like lands. It's like it 0:28:19.960 --> 0:28:22.480 doesn't you can't just give someone like a small patch 0:28:22.520 --> 0:28:24.920 of like shitty land and have them farm like this 0:28:24.960 --> 0:28:28.879 doesn't like this, it doesn't it doesn't like they certainly tried, 0:28:29.080 --> 0:28:31.040 and then yeah, yeah, like that was one of the 0:28:31.119 --> 0:28:34.159 main things. One of the main things in Canada was 0:28:34.160 --> 0:28:39.600 about getting them to adopt like like European farming practices, 0:28:40.080 --> 0:28:43.800