WEBVTT - CZM Rewind: Indigenous Peoples Day 0:00:04.080 --> 0:00:04.400 Hello. 0:00:04.600 --> 0:00:07.920 This is Mia from the Future. The whole crew is 0:00:08.000 --> 0:00:10.400 off this week, so you'll be getting a series of 0:00:10.440 --> 0:00:15.240 episodes from our past, and this episode in particular, I 0:00:15.320 --> 0:00:17.639 wanted to rerun for Indigenous People's Day, but it is 0:00:17.680 --> 0:00:23.000 also from before I came out, So hope you all 0:00:23.120 --> 0:00:25.320 enjoy and we will be back next week. 0:00:26.720 --> 0:00:30.120 Welcome to I Could Happen here, a podcast that is 0:00:30.680 --> 0:00:34.280 on the cycle of being sort of okayly introduced. When 0:00:34.280 --> 0:00:36.880 this episode goes out, it will be Indigenous People's Day, 0:00:37.159 --> 0:00:41.120 and so to talk about that more where we're going 0:00:41.159 --> 0:00:43.199 to talk to Dalia Killsback, who is a member of 0:00:43.240 --> 0:00:47.160 the Northern Cheyenne or has a Northern Cheyenne tribal citizenship 0:00:47.280 --> 0:00:52.080 and has studied and worked in Federal India tribal policy. Dahlia, Hello, 0:00:52.159 --> 0:00:52.919 how are you doing? 0:00:53.600 --> 0:00:56.480 I am doing well. Thank you for inviting me here today. 0:00:56.800 --> 0:01:00.880 Of course Garrison is also here. Garrison Hello, Hello. 0:01:01.040 --> 0:01:05.119 I'm currently also doing writing about indigenous stuff, but within 0:01:05.160 --> 0:01:09.120 the context of Canada, which people should we'll probably hear 0:01:09.319 --> 0:01:10.160 later this week. 0:01:10.959 --> 0:01:14.040 So yeah, I guess first thing I wanted to talk 0:01:14.080 --> 0:01:17.399 about is a little bit is about what Indigenous People's 0:01:17.440 --> 0:01:21.520 Day is and why it is that and not the 0:01:21.560 --> 0:01:22.080 other thing. 0:01:23.360 --> 0:01:29.039 Yeah, so Indigenous People's Day, as many people know, is 0:01:29.120 --> 0:01:34.120 replacing I'm gonna say it, Chris Christopher Columbus Day. That 0:01:34.280 --> 0:01:38.399 is still like a federal holiday, but multiple cities and 0:01:38.480 --> 0:01:43.120 states have opted to use Indigenous People's Day instead, And 0:01:43.200 --> 0:01:47.200 the reasoning for that is acknowlogy the atrocities that were 0:01:47.200 --> 0:01:50.680 committed by Christopher Columbus, who first of all, did not 0:01:51.000 --> 0:01:59.560 discover America, but continue to not only use slavery but 0:02:00.760 --> 0:02:04.080 commit different forms of genocide, rape, et cetera, all of 0:02:04.080 --> 0:02:10.760 these terrible atrocities. And so rather than celebrating somebody like that, 0:02:11.560 --> 0:02:16.440 Indigenous People's Day has been implemented in order to recognize 0:02:16.919 --> 0:02:23.679 the people who were actually here first, and indigenous peoples 0:02:23.720 --> 0:02:30.639 across the America's their histories, cultures, and contributions. 0:02:31.240 --> 0:02:35.799 Yeah, Columbus, real piece of shit, worst Christopher, Like, yeah, 0:02:35.880 --> 0:02:39.160 it really cannot be overstated how bad that guy was, 0:02:40.760 --> 0:02:43.400 even you know, even people in that era who had 0:02:43.400 --> 0:02:46.440 committed their own genocides like Isabelle and Ferdinand, who you know, 0:02:46.560 --> 0:02:48.920 expelled the Jews from Spain, where it's like, you know, 0:02:49.320 --> 0:02:52.440 if once you've reached the sentence expelled the Jews from 0:02:52.760 --> 0:02:56.040 X like you're you're already in the shit list of 0:02:56.040 --> 0:02:58.160 the worst people in human history. And even they saw 0:02:58.160 --> 0:03:00.320 what Columbus was doing, it was like what on Earth Earth, 0:03:01.280 --> 0:03:05.519 bad bad guy, bad name. Things are going to continue 0:03:05.520 --> 0:03:09.560 to go badly. And yeah, that was another thing that 0:03:09.880 --> 0:03:14.480 I've wanted to talk about, which is federal Indian policy. 0:03:15.280 --> 0:03:19.040 And you know, this is an incredibly broad it's an 0:03:19.040 --> 0:03:24.720 incredibly broad area spanning like three hundred years, So we're 0:03:24.760 --> 0:03:26.280 not gonna be able to go into like an enormous 0:03:26.280 --> 0:03:28.400 amount of depth in it, but I think it's important 0:03:28.400 --> 0:03:34.240 that people have an understanding of, I mean a just 0:03:34.360 --> 0:03:37.680 what the US did and how everyone else has had 0:03:37.680 --> 0:03:40.760 this sort of deal with it, and then also the 0:03:40.800 --> 0:03:42.840 fact that this is something that changes over time and 0:03:42.920 --> 0:03:45.400 has has looked different, It's looked it's been bad in 0:03:45.400 --> 0:03:46.400 different ways. 0:03:47.040 --> 0:03:51.680 Yeah, and so in talking about federal Indian policy, I 0:03:51.680 --> 0:03:57.440 always like to contextualize it within a larger sort of 0:03:57.480 --> 0:04:02.800 like Euro American like teleology of colonial conquests and then 0:04:02.840 --> 0:04:06.160 moving on to setwlare colonialism and where we are with 0:04:06.240 --> 0:04:12.080 federal federal Indian policy currently. So how do we connect 0:04:12.480 --> 0:04:17.800 Christopher Columbus to where we are currently, and this is 0:04:17.839 --> 0:04:22.800 the history of federal Indian policy and Western legal discourse 0:04:23.720 --> 0:04:30.640 and how European powers throughout history have defined what it 0:04:30.800 --> 0:04:36.159 means to be an Indian person and relationship to Indigenous 0:04:36.160 --> 0:04:39.080 people's rights to their own land and to self governance. 0:04:40.400 --> 0:04:43.800 So when we're looking at the different periods of federal 0:04:43.800 --> 0:04:48.679 Indian policy prior to their being a United States government, 0:04:48.760 --> 0:04:53.719 we have the colonial period, which is fourteen ninety two 0:04:53.800 --> 0:04:59.040 to seventeen seventy six. This is how federal Indian policy 0:04:59.120 --> 0:05:05.479 legal scholars divide that, and it's really important to kind 0:05:05.520 --> 0:05:10.080 of give the difference between what is a colonial state 0:05:10.200 --> 0:05:13.279 versus a settler colonial state when you're talking about not 0:05:13.520 --> 0:05:16.719 just the United States government, but also the Canadian government 0:05:16.839 --> 0:05:22.120 and different governments globally. But I want to talk just 0:05:22.160 --> 0:05:25.160 a little bit about what I mean by the difference 0:05:25.200 --> 0:05:29.320 between a colonial government and a settler colonial government, because 0:05:29.360 --> 0:05:35.520 they're tied together. So by a sutler colonial government, I 0:05:35.680 --> 0:05:40.280 mean what I mean is that it is defined by 0:05:40.360 --> 0:05:46.040 the de territorialization of indigenous population populations, and so rather 0:05:46.120 --> 0:05:49.159 than in a colonial government as you had with Christopher 0:05:49.240 --> 0:05:52.520 Columbus and the Spanish and with the English et cetera. 0:05:53.680 --> 0:06:00.280 Is rather than a state, and sovereignty being conceived as 0:06:00.000 --> 0:06:03.440 all these resources are going back to the metropol, all 0:06:03.520 --> 0:06:06.599 these resources are going back to England or to Spain, 0:06:06.800 --> 0:06:14.840 et cetera. And colonial occupation is in is conceptualized within 0:06:14.880 --> 0:06:20.279 this way. In Setlic colonial governments, the colonists come to 0:06:20.360 --> 0:06:23.680 these lands and stay and they're what they define as 0:06:23.680 --> 0:06:26.599 sovereignty is within this land that they define now as 0:06:26.640 --> 0:06:30.200 their own. So and in order for that process to happen, 0:06:31.880 --> 0:06:34.240 there needs to be different forms of genocide of the 0:06:34.279 --> 0:06:37.200 indigenous populations. And so that's what we saw with Christopher 0:06:37.279 --> 0:06:42.560 Columbus and throughout history was just the depletion of a 0:06:42.640 --> 0:06:47.640 lot of our indigenous populace. And so when I mean 0:06:47.760 --> 0:06:53.400 about the United States being a Setlic colonial state, I 0:06:53.440 --> 0:06:56.400 mean that this is current and ongoing. And so when 0:06:56.400 --> 0:07:00.120 we talk about federal Indian policy, federal Indian policy, he 0:07:00.240 --> 0:07:04.640 is always in this conversation with what started with Christopher 0:07:04.640 --> 0:07:09.240 columb This as the doctrine of discovery, and so that's 0:07:09.240 --> 0:07:14.160 how we define the colonial period and feel free to 0:07:14.320 --> 0:07:17.240 like stop me and ask me questions. Also just going 0:07:17.280 --> 0:07:20.560 to try to move quickly because there's a lot. 0:07:21.040 --> 0:07:24.200 Yeah, I think we probably should briefly talk about what 0:07:24.240 --> 0:07:27.960 the doctory discovery is, at least before we get to 0:07:28.200 --> 0:07:31.520 the Marshall trilogy and stuff for sure. So what does 0:07:31.520 --> 0:07:32.520 that actually mean legally? 0:07:33.720 --> 0:07:40.760 So legally, it's the discovery of a quote unquote newfound 0:07:40.920 --> 0:07:47.200 Land by European colonial forces. And the reason why it's 0:07:47.240 --> 0:07:50.800 called the doctrine of discovery was that indigenous peoples on 0:07:50.840 --> 0:07:54.720 these lands were deemed unable to govern themselves and they 0:07:54.760 --> 0:07:58.640 did not know how to utilize their land up to 0:07:58.680 --> 0:08:03.960 the definition of what the European powers thought land use. 0:08:04.200 --> 0:08:10.520 Was that indigenous peoples didn't have the same concept of 0:08:10.880 --> 0:08:18.960 property and same with their relationship with resources and resource extraction. 0:08:19.320 --> 0:08:24.800 So when Christopher Columbus and all of these other colonizers 0:08:24.920 --> 0:08:30.720 Conkystick Doors came to the quote unquote New Land, they 0:08:30.760 --> 0:08:34.920 saw all of this rich, plentiful resource and thoughts of themselves, well, 0:08:34.920 --> 0:08:38.360 obviously these people don't know what they're doing because there's 0:08:38.440 --> 0:08:41.680 just so much they have not done anything with it. 0:08:42.800 --> 0:08:46.120 And we're going to take this back to two hours 0:08:46.200 --> 0:08:51.400 because obviously their inferior beings and don't know what property is. 0:08:51.640 --> 0:08:58.760 So legally, the adoptionne of Discovery conveyed legal title to 0:08:58.960 --> 0:09:02.960 and ownership of the American soil to European nations, a 0:09:03.040 --> 0:09:08.280 title that devolved to the United States, and so this 0:09:08.400 --> 0:09:14.199 definition is expansive and expansive Discovery implies that Native nations 0:09:14.559 --> 0:09:17.520 have a right to lands as occupants or possessors, but 0:09:17.600 --> 0:09:21.440 they are incompetent to manage those lands and need a 0:09:21.559 --> 0:09:26.160 quote unquote benevolent guardian such as a federal government who 0:09:26.240 --> 0:09:33.400 holds legal title. And so when we're talking about this 0:09:33.559 --> 0:09:36.480 legal title, it devolves to the United States later on 0:09:37.559 --> 0:09:43.280 in history after the American Revolution, and so rather than 0:09:43.360 --> 0:09:47.880 being colonial states as the United States like thirteen original colonies, 0:09:48.840 --> 0:09:54.320 given the American Revolution and its own constitution and its 0:09:54.360 --> 0:09:59.360 creation of itself as a nation state, then that turns 0:09:59.400 --> 0:10:01.600 into a settler colonial government. 0:10:03.920 --> 0:10:06.040 Yeah, I think we can. Yeah, we can get to 0:10:06.559 --> 0:10:10.320 what happens next then, because yeah, yeah, you have this 0:10:10.360 --> 0:10:13.160 elaborate label or framework that lets you steal people's land 0:10:13.240 --> 0:10:17.040 and murder them and then control it. And then the 0:10:17.080 --> 0:10:20.720 outgrowth of that is this sort of weird event where 0:10:21.000 --> 0:10:23.480 the colonies go into rebellion and suddenly, yeah, there's not 0:10:23.559 --> 0:10:26.319 a colony. They're not colonies. Anymore, they just are the state. 0:10:26.920 --> 0:10:30.440 And so yeah, what happens next after the sort of 0:10:30.440 --> 0:10:31.640 formation of the United States. 0:10:33.040 --> 0:10:38.480 So after the formation of the United States, so we 0:10:38.520 --> 0:10:42.320 have this period the American Revolution, that's all not really 0:10:42.360 --> 0:10:46.240 dive that into. It is seventeen seventy six to seventeen 0:10:46.280 --> 0:10:49.319 eighty nine, and it's called the Confederation period. But next 0:10:49.360 --> 0:10:52.360 we have the Trade and Intercourse Act era, which is 0:10:52.400 --> 0:10:56.360 from seventeen eighty nine to eighteen thirty five. And so 0:10:56.400 --> 0:11:01.080 this is defined with the United States Constitution and Congress's 0:11:01.320 --> 0:11:05.240 exclusive right to regulate trade relations and make lands and 0:11:05.920 --> 0:11:09.520 land secessions, and enter into treaties with tribes. So this 0:11:09.600 --> 0:11:14.600 is a treaty making era with the tribes that only 0:11:14.880 --> 0:11:17.800 the United States federal government is able to And there's 0:11:17.840 --> 0:11:21.880 a distinction there because there had been a lot of 0:11:22.200 --> 0:11:26.160 contestation between states and the federal government as to who 0:11:26.240 --> 0:11:30.840 is going to now deal with these nations that are 0:11:30.880 --> 0:11:35.920 within our own settler colonial borders. So whose job is 0:11:36.559 --> 0:11:43.200 that to solve this issue? So within the United States Constitution, 0:11:43.480 --> 0:11:47.160 there are three clauses that define the United States legal 0:11:47.200 --> 0:11:51.000 relationship to American Indians, and so these are the treaty 0:11:51.040 --> 0:11:55.920 making clause, the commerce clause, and the property clause. And 0:11:56.280 --> 0:12:02.120 so this movement from just lying on the doctrine of 0:12:02.160 --> 0:12:06.520 discovery and treaty making processes between different European powers now 0:12:06.640 --> 0:12:10.520 is between the United States federal government and tribes. And 0:12:10.600 --> 0:12:14.840 so what this does is now tribes are located within 0:12:15.040 --> 0:12:19.160 the United States territory, and this places Indians within the 0:12:19.200 --> 0:12:22.640 boundaries and jurisdiction of the United States, and now they're 0:12:22.679 --> 0:12:24.360 a matter of domestic. 0:12:23.920 --> 0:12:25.720 Interest something at last. 0:12:25.720 --> 0:12:28.719 It's one of the sort of complicated questions that that 0:12:29.080 --> 0:12:32.880 changes through this whole era, which is about what does 0:12:33.000 --> 0:12:36.720 sovereignty mean for these tribes and to what extent they 0:12:36.720 --> 0:12:40.200 even continue to possess it, and how does that even 0:12:40.280 --> 0:12:43.000 sort of how does that work if when you have 0:12:43.160 --> 0:12:46.760 this new state that sort of just has his clean control. 0:12:46.520 --> 0:12:53.280 Here, right, And also during this period, well later on 0:12:53.480 --> 0:12:57.640 when we have, sorry jumping ahead of myself, when we 0:12:57.760 --> 0:13:01.640 have the extermination of the treaty making process, and this 0:13:01.920 --> 0:13:08.920 completely removes seeing tribes as independent sovereign nations. So I 0:13:09.040 --> 0:13:12.560 think that will kind of get more into that later. 0:13:12.800 --> 0:13:17.559 But the thing with federal Indian policy is that it's 0:13:18.440 --> 0:13:23.840 sort of self prophesizing. So as settlers are moving across America. 0:13:25.000 --> 0:13:29.240 The United States government also has to create these policies 0:13:30.280 --> 0:13:34.480 in order to legalize these land cessations and movements. And 0:13:34.760 --> 0:13:38.400 a pattern that we do see here throughout history and 0:13:38.520 --> 0:13:41.920 throughout time is that the United States federal government, as 0:13:41.960 --> 0:13:47.439 a settler state, is over the rights of over the 0:13:49.040 --> 0:13:53.439 rights to land and rights of indigenous peoples themselves. You 0:13:53.600 --> 0:13:56.559 have a priority of the settler state in order to 0:13:56.720 --> 0:14:01.720 acquire land. So a lot of the reason I later 0:14:01.840 --> 0:14:06.160 these treaties will be broken, et cetera, is because suttlers 0:14:06.200 --> 0:14:09.760 are moving into these lands and the United States is 0:14:09.880 --> 0:14:16.040 then breaking these treaties in order to have more more land, 0:14:16.440 --> 0:14:17.840 more land successions. Yeah. 0:14:17.960 --> 0:14:20.400 Yeah, it's like the law sort of just following the 0:14:20.480 --> 0:14:23.040 violence and it just becomes a sort of retroactive justification 0:14:23.560 --> 0:14:26.080 for yes, just looking everything. 0:14:26.720 --> 0:14:40.800 It's a self justifying sort of sovereignty. Yeah. So this 0:14:40.960 --> 0:14:43.240 is the Removal period and what a lot of people 0:14:43.400 --> 0:14:46.360 may have heard of. So it's from eighteen thirty five 0:14:46.480 --> 0:14:49.400 to eighteen sixty one, and what we have is the 0:14:49.520 --> 0:14:53.320 extinguishment of Indian title to eastern lands and the removal 0:14:53.440 --> 0:14:58.720 of Indian tribes westward. So one of the most notable 0:14:58.840 --> 0:15:02.120 acts is the Removal Act, which was authorized by President 0:15:02.200 --> 0:15:06.840 Andrew Jackson, which moved Indians from the east to the 0:15:06.920 --> 0:15:09.800 west of the Mississippi River into what is was called 0:15:10.200 --> 0:15:16.520 Indian Territory. And what brought about this federal federal act 0:15:18.160 --> 0:15:22.360 was a series of three foundational statutes within federal Indian 0:15:22.440 --> 0:15:26.600 policy dictated by Chief Justice John Marshall. So first we 0:15:26.760 --> 0:15:31.880 have Johnson B. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia. 0:15:32.640 --> 0:15:35.880 And I won't go into too much detail, but what 0:15:36.040 --> 0:15:42.000 this these essentially did and legally defined tribes as being 0:15:42.120 --> 0:15:47.360 domestic dependent nations. And so it clarified more that again 0:15:47.960 --> 0:15:53.880 tribal nations are underneath the federal government's overview, not the states. 0:15:54.640 --> 0:15:58.200 So yeah, it placed tribes above state jurisdiction. And what 0:15:58.320 --> 0:16:02.400 this was trying to do was solved some issues that 0:16:02.840 --> 0:16:06.160 tribes such as the Cherokee Nation had with different states 0:16:06.160 --> 0:16:12.360 when it came to land and jurisdiction overstaid land. But 0:16:12.520 --> 0:16:17.280 that is kind of the basis of a lot of 0:16:17.320 --> 0:16:20.360 federal Indian policy and soilarmage truth day. And what is 0:16:20.520 --> 0:16:26.680 notable in each one of these statutes, I believe particularly 0:16:26.920 --> 0:16:31.760 in Worcester v. Georgia, although it seems that it was 0:16:32.920 --> 0:16:36.320 supporting tribal sovereignty in them in that they were above 0:16:36.800 --> 0:16:43.600 state jurisdiction. A lot of these statutes cited racist President 0:16:43.760 --> 0:16:46.920 and the Doctrine of Discovery. So what you see for 0:16:47.000 --> 0:16:49.560 federal Indian policy is that a lot of the founder, 0:16:49.880 --> 0:16:52.840 well all the foundation for a federal Indian policy based 0:16:52.880 --> 0:16:56.560 on President is the Doctrine of Discovery, which is reliant 0:16:56.760 --> 0:17:03.320 on the idea that American Indians savages and needed federal 0:17:03.640 --> 0:17:09.240 benevolence and paternalism in order to regulate their own affairs. 0:17:12.000 --> 0:17:14.520 Yeah, and I think that's well, okay, we should probably 0:17:14.560 --> 0:17:16.920 not just immediately get to allotment, but yeah, because there's 0:17:16.960 --> 0:17:20.320 there's there's there's also Yeah, this is also the period 0:17:20.359 --> 0:17:22.040 we used. Yeah, the thing you were talking about earlier, 0:17:22.119 --> 0:17:24.560 the thing you helped me know about, which is, okay, 0:17:24.680 --> 0:17:26.200 it's not true to say this is when this starts, 0:17:26.600 --> 0:17:30.600 but this is Indian Removal Act, Trail of Tears territory. 0:17:31.800 --> 0:17:34.840 And one thing that you know, I think one of 0:17:34.840 --> 0:17:37.440 the sort of running themes of this is that, you know, 0:17:37.560 --> 0:17:40.639 the the law in this context is just sort of 0:17:40.960 --> 0:17:43.280 it becomes a sort of retroactive excuse to do whatever 0:17:44.320 --> 0:17:47.080 like needs to be done from the perspective quote unquote 0:17:47.080 --> 0:17:49.200 of the sort of of the settler state to just 0:17:49.520 --> 0:17:53.840 take all of this land. Yeah, and I think maybe 0:17:53.960 --> 0:17:57.360 like one of the keystones of this is Andrew Jackson 0:17:58.280 --> 0:18:00.920 just straight up telling of in court to fuck off 0:18:01.560 --> 0:18:03.840 so that he can do so he can do a 0:18:03.920 --> 0:18:04.520 trail tears. 0:18:05.160 --> 0:18:11.840 Yeah. So the Removal Act happened after all of these 0:18:11.920 --> 0:18:17.200 statutes that you already had that supported federal Indian sovereignty, 0:18:17.400 --> 0:18:21.359 and so the Cherokees in Georgia were one of the 0:18:21.440 --> 0:18:26.720 tribes that were removed. And so you kind of see 0:18:27.680 --> 0:18:32.560 what you talked about, the the retrograde kind of justifications 0:18:32.720 --> 0:18:38.280 for said removal despite the statutes that are there. So 0:18:38.600 --> 0:18:43.440 although that like Marshall in Worchester fed Georgia determined that 0:18:43.600 --> 0:18:46.639 the state of Georgia did not have jurisdiction over Cherokee 0:18:46.800 --> 0:18:51.080 territory all this although this territory was in the state's borders, 0:18:52.080 --> 0:18:56.040 later on you see with the Removal Act that although 0:18:56.840 --> 0:19:01.720 these statutes are still president in federal Indian policy, those 0:19:01.800 --> 0:19:08.159 were null in order for there to be more expansion 0:19:08.359 --> 0:19:13.360 of settlers within these areas. So when it was decided that, oh, wait, 0:19:13.480 --> 0:19:15.920 we do need this land and we don't actually want 0:19:16.000 --> 0:19:19.119 these Indians here, let's put them to the side overpast 0:19:19.160 --> 0:19:22.800 the Mississippi so that they're out of mind. Right, So 0:19:22.960 --> 0:19:28.600 we see more of this justification for settler expansion, and 0:19:28.720 --> 0:19:31.080 so again we bring back to these themes of like 0:19:32.040 --> 0:19:36.639 settler colonialism in order to kind of gain more of 0:19:36.760 --> 0:19:40.600 this land. And a lot of these statutes are still 0:19:41.160 --> 0:19:44.400 cited the doctrine of discovery in them, and rather than 0:19:44.880 --> 0:19:50.560 supporting tribal policy, the relationship between the United States federal 0:19:50.600 --> 0:19:55.159 government and American Indians was not based on the rights 0:19:55.280 --> 0:19:59.080 of Indians, but more that they can't they can't govern themselves, 0:20:00.119 --> 0:20:03.119 right and so so and that's the whole issue is 0:20:03.160 --> 0:20:05.120 like people were like they don't know what they're doing, 0:20:05.200 --> 0:20:07.760 so we're gonna push them and like take their land again. 0:20:08.440 --> 0:20:11.440 So I don't know if you want me to go 0:20:11.560 --> 0:20:16.600 too much into the trail of tears, but you're seeing 0:20:16.640 --> 0:20:19.760 a lot of patterns here, I think, different forms of genocide, 0:20:19.840 --> 0:20:21.840 different forms of taking land. 0:20:22.600 --> 0:20:24.400 This was this is all around the same time as 0:20:24.440 --> 0:20:26.879 the Indian Act in Canada as well, which was a 0:20:27.000 --> 0:20:31.840 very similar thing, especially starting in the nineteen hundred. It's 0:20:31.840 --> 0:20:36.359 starting in the twentieth century as well with the expansion 0:20:36.480 --> 0:20:38.560 of the like assimilation programs. 0:20:39.080 --> 0:20:41.080 Yeah, and I think I guess one other thing I 0:20:41.119 --> 0:20:43.240 want to point out about this is that, you know, 0:20:43.320 --> 0:20:45.120 so one of the things that happens to trailers tiars 0:20:45.119 --> 0:20:48.600 is that the Supreme Court like tells Jackson that he 0:20:48.680 --> 0:20:52.680 can't do this, and Jackson just does it anyways. And 0:20:53.000 --> 0:20:56.119 I think that's a very interesting important moment because you know, 0:20:56.640 --> 0:20:59.159 this is this is this thing right where the federal 0:20:59.240 --> 0:21:01.879 government can tell there is the Supreme Court to fuck off, right, 0:21:01.960 --> 0:21:03.520 and there's nothing the Supreme Court could do about it. 0:21:04.080 --> 0:21:05.920 And if you look at what they did it to do, 0:21:06.600 --> 0:21:10.240 the thing they did it to do was genocide. And 0:21:10.400 --> 0:21:12.320 it's I think it's it's just I think this is 0:21:12.480 --> 0:21:15.480 very sort of I don't know, this incredibly grim, like 0:21:16.280 --> 0:21:19.159 you know, encapsulation of like what this state actually is, 0:21:20.040 --> 0:21:22.680 which is this sort of genocide machine and whatever sort 0:21:22.720 --> 0:21:24.280 of you know, this is what sovereignty is, right, the 0:21:24.359 --> 0:21:26.560 ability to break your own rules to sort of or 0:21:26.640 --> 0:21:28.600 to maintain the system. So you you know, you break 0:21:28.640 --> 0:21:31.240 your own laws, and you know, as we're going to 0:21:31.280 --> 0:21:33.080 get to in a second, like you break your own 0:21:33.119 --> 0:21:35.600 treaties continuously, and you do this because you know, the 0:21:35.640 --> 0:21:37.880 genoicide machine has to keep moving, right. 0:21:38.080 --> 0:21:44.680 And there's a couple of federal Indian policy theorists Bendelari 0:21:44.800 --> 0:21:47.399 Junior who's one of the most famous ones, and David E. 0:21:47.520 --> 0:21:51.040 Wilkins who talks about how there is no need for 0:21:51.160 --> 0:21:55.560 checks and balances within the federal Indian policy system. So 0:21:55.760 --> 0:22:00.720 you have Congress that is able to pass whatever they want, 0:22:01.040 --> 0:22:05.320 and then you also have the Supreme Court, and then 0:22:05.359 --> 0:22:09.600 you also have executive action. But it wasn't really delineated 0:22:10.119 --> 0:22:15.120 that well within especially when it comes to this period 0:22:15.359 --> 0:22:17.240 as to who is going to be dealing with the 0:22:17.359 --> 0:22:21.679 Indians kind of thing. And so this kind of confusion 0:22:22.000 --> 0:22:26.119 and not really completely defining what it means to be 0:22:26.280 --> 0:22:29.920 a domestic dependent nation, I think really just goes to 0:22:30.040 --> 0:22:36.680 show how much of a fragile edifice like settler colonial 0:22:36.720 --> 0:22:41.000 policy is for it is within the system. But again 0:22:41.240 --> 0:22:45.080 moving on, it comes back again to land. So the 0:22:45.200 --> 0:22:50.040 reservation area era in eighteen sixty one to eighteen eighty 0:22:50.119 --> 0:22:55.320 sevens you have a lot of westward expansion of non 0:22:55.440 --> 0:23:01.040 Indians settlers specifically to California. You also have the creation 0:23:01.280 --> 0:23:09.040 of Indian reservations and resulting Indian wars. So during this era, 0:23:09.200 --> 0:23:12.399 what you see a lot of are different types of 0:23:12.440 --> 0:23:17.159 attents that assimulation and a lot of warfare. So you 0:23:17.240 --> 0:23:20.280 have a lot of the plains tribes might tribe for instance, 0:23:22.320 --> 0:23:26.440 that are going through all of these battles fighting forced 0:23:26.880 --> 0:23:31.879 removal onto reservations. One of the most famous ones was 0:23:33.640 --> 0:23:36.359 the Battle of Greasy Grass, was a little big horn 0:23:36.920 --> 0:23:42.680 where General Custer was killed by Sioux, Cheyennes and Arapahos, 0:23:42.880 --> 0:23:46.440 and different instances of battles such as those, and also 0:23:46.560 --> 0:23:53.919 where a lot of tribes were forcibly removed to areas 0:23:54.000 --> 0:23:56.960 that there were weren't originally from. So like how the 0:23:57.040 --> 0:24:00.600 Sheriffes were moved to Oklahoma, there was a terms of 0:24:01.080 --> 0:24:03.919 my tribe, for instance, Northern Cheyenne to being moved down 0:24:04.000 --> 0:24:08.480 to Oklahoma as well, and that's why there's some Southern 0:24:08.600 --> 0:24:11.720 Cheyennes in Oklahoma and then my tribe, the Northern Schance 0:24:11.760 --> 0:24:17.560 in Montana. Another another thing that is happening during this 0:24:17.760 --> 0:24:21.720 period are boarding schools the boarding school era, so this 0:24:21.840 --> 0:24:29.600 attempt at assimilation through education and assimilation is also within 0:24:29.880 --> 0:24:34.879 within the settler colonial kind of structure. It's it's defined 0:24:34.880 --> 0:24:38.359 as a process where indigenous people end up conforming to 0:24:38.800 --> 0:24:46.240 different constructed notions of settular norms. So if they're not 0:24:46.640 --> 0:24:50.280 absorbed within the state completely, then their attempted attempt to 0:24:50.320 --> 0:24:58.120 be assimilated culturally through education, through languages, in terms of economics. 0:24:58.200 --> 0:25:00.560 So now you have a bunch of different sort of 0:25:01.359 --> 0:25:07.440 bureaucratic structures on these reservations trying to make tribal governments 0:25:08.640 --> 0:25:16.160 appear to be or constructed as settler colonial governments are. 0:25:17.320 --> 0:25:22.520 So maybe it's the three branches in ways that aren't 0:25:22.640 --> 0:25:27.840 just compatible with different tribes culturally, and you also have 0:25:28.480 --> 0:25:33.840 the attempted eradication of different kind of spiritual and cultural practices, 0:25:34.920 --> 0:25:40.679 and a lot of Christianity be forse not to different people, 0:25:40.920 --> 0:25:44.240 and just kind of terrible things that I think more 0:25:44.280 --> 0:25:48.920 and more people are becoming aware of due to current movements. 0:25:49.000 --> 0:26:00.199 But we'll get into that mode later. Ye. 0:26:01.560 --> 0:26:03.960 Do we want to talk about a lot of pace, 0:26:04.320 --> 0:26:06.000 because if this is in the. 0:26:06.040 --> 0:26:11.840 Same period, yes, a lotment period and force assimilation. So 0:26:12.080 --> 0:26:14.920 this is like eighteen seventy one to nineteen thirty four, 0:26:15.080 --> 0:26:17.360 and so this is the end of the treaty making process. 0:26:17.760 --> 0:26:23.440 So the whole idea of trying to force tribes onto 0:26:23.520 --> 0:26:28.480 reservations and sign these treaties were to again take land 0:26:28.640 --> 0:26:30.920 and make sure that the United States has more land 0:26:31.000 --> 0:26:33.159 and all the land, et cetera that they possibly have. 0:26:35.080 --> 0:26:41.840 So at this end of treaty making and federal allotment 0:26:41.920 --> 0:26:49.720 of Indian lands also happened in the DAWs Act. And 0:26:49.960 --> 0:26:56.399 so what this was was an attempt to further shrink 0:26:56.560 --> 0:27:00.720 the reservation lands that tribes are already guaranteed with than treaties. 0:27:03.040 --> 0:27:07.800 So during this period, I think somewhere like nine million 0:27:07.920 --> 0:27:14.479 acres were taken from tribal reservations during the allotment process. 0:27:14.560 --> 0:27:17.400 So what the allotment process did was it counted each 0:27:17.680 --> 0:27:23.120 in every individual Indian that was eligible. I think there 0:27:23.160 --> 0:27:31.000 were adults, yeah, adults that were eligible, and each one 0:27:31.040 --> 0:27:33.600 of them were given a certain parcel of land, a 0:27:33.680 --> 0:27:40.840 certain number acreage. And once all of this land was calculated, 0:27:41.000 --> 0:27:44.159 what you had was an excess of land quote unquote 0:27:44.200 --> 0:27:47.399 excess of land that the tribes obviously didn't need because 0:27:47.520 --> 0:27:51.440 they had still to too many people. And so what 0:27:51.600 --> 0:27:56.240 the excess of land was utilized fors for pioneers and 0:27:56.359 --> 0:28:02.199 for settlers if it didn't go to the federal government. 0:28:02.280 --> 0:28:09.879 It was to incentivize settlers to colonize especial specil on 0:28:11.160 --> 0:28:16.880 Indian lands. So trying its hardest to not stay true 0:28:17.080 --> 0:28:19.639 to it's treaty making practices. 0:28:20.200 --> 0:28:21.560 I think the every thing that was interesting to me 0:28:21.600 --> 0:28:24.239 about this is that, like, because one of the other 0:28:24.320 --> 0:28:25.920 goals of this is to sort of like, oh, it's 0:28:25.960 --> 0:28:27.880 the civilizing mission. It's like, yeah, we're going to turn 0:28:27.960 --> 0:28:29.920 them into We're gonna turn these people into like like 0:28:30.840 --> 0:28:34.640 yeoman farmers, like true American frontiersmen or whatever. And it's 0:28:34.720 --> 0:28:38.120 just like it just doesn't work because economically it doesn't 0:28:38.120 --> 0:28:41.400 make any sense. Like breaking up all these like lands 0:28:41.520 --> 0:28:43.600 is like it doesn't you can't just give someone like 0:28:43.680 --> 0:28:46.239 a small patch of like shitty land and have them 0:28:46.320 --> 0:28:48.080 farm like this doesn't like this, it doesn't. It doesn't. 0:28:48.440 --> 0:28:50.960