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Folk Material Culture

by: Leda Terry

Folk Material Culture HIST 4700

Marketplace > Utah State University > History > HIST 4700 > Folk Material Culture
Leda Terry
Utah State University
GPA 3.6


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This 36 page Class Notes was uploaded by Leda Terry on Wednesday October 28, 2015. The Class Notes belongs to HIST 4700 at Utah State University taught by Staff in Fall. Since its upload, it has received 17 views. For similar materials see /class/230394/hist-4700-utah-state-university in History at Utah State University.

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Date Created: 10/28/15
American indian history history 4710 Spring 2008 Distance Education Utah state university John D Batten Senior Lecturer Utah State University Uintah Basin 987 E Lagoon St 1249 Roosevelt UT 84066 4357221734 email j ohnbartonusuedu Of ce Hours Tuesday amp Thursday 230 430 Meeting Schedule Monday and Wednesday 300 415 Hi My name is John D Barton and I am your instructor for this Distance Education course of American Indian History As a native of the West and an historian for the past several years I nd this region s past so interesting and hope that you come to share that interest I Want you to succeed in this course of study and also Want to make myself available to you Please Write call or email me at the above addresses With concerns or questions Do not assume due to distance between student and professor that I am unavailable or uncaring I will try and make time at the rst of and end of each class Page 1 of 36 period for questions For outof class communication I recommend email as the best method of communication with me I check my email every day that I am in my of ce and will respond promptly Course Descrigtion In this course we will cover the history of Native Americans in the Continental United States Particular emphasis will be in the outline history of governmentalNative American relations and on the Plains Culture of Western Tribes We will begin with theories of the origins of Native Americans and rapidly progress to present times Course Obiectives 1 To assist each student understand Native American History and Cultures 2 To assist each student understand what history is what its role is in academics and how to improve their critical thinking research and writing skills Class Schedule Monday amp Wednesday 300 4 15 7 First Day of Class syllabusbegin lecture 1 9 lecture 1 14 Lecture 2 16 Lecture 2 21 Martin Luther King Day 7 No Class 23 Lecture 3 28 Lecture 3 30 Lecture 4 4 Lecture 4 Document Assignment Due Our Hearts Fell t0 the Ground and Catlin Letters Feb 6 Film Feb 9 Film 11 Film 13 Film 18 Presidents Day No Class Meet Tue 19th 19 TUESDAY Lecture 4 20 Lecture 5 25 Lecture 5 27 Lecture 6 March 3 Lecture 6 March 5 Lecture 7 March 10 14 Spring Break 7 No Class March 17 Lecture 8 Custer Died for Your Sins and Killing the White Man s Indian Due March 19 Lecture 8 March 24 Lecture 9 March 26 Lecture 9 and 10 March 31 Lecture 10 April 2 Dawes Act Debate In Class April 7 Lecture 11 April 9 Lecture 11 April 14 Lecture 12 April 16 Lecture 12 April 21 Lecture lm April 23 Last Day of Class Class Discussion Essay Journal Due E E E E E E E E gasssssss quot1391 1391 1391 1391 1391 11 11 0000000 U U U U U U U Page 2 of 36 Required Texts North American Indians 3 edition Alice B Kehoe Our Hearts Fell to the Ground ed Colin Calloway Vine Deloria Custer Died for Your Sins Fergus M Bordewich Killing the White Man s Indian Extended Syllabus Understanding and thinking history The study of history is sadly something that many people do not understand It is as most assume a study of the past but it is more than that If we only studymemorize events from the past it is academic mind games and of little real value Many of the people who feel some distaste for history likely had a teacher in their past who taught history only as an endless memorization of boring dates facts and gures That is not history Although it is a part of history History is examining the past analyzing and interpreting it and advancing valid arguments for what occurred why it occurred and how it is meaningful how it may affect us presently As societal evolution continues to change how we perceive ourselves and interact with one another how we interpret what occurred in that past also changes Not that the facts about what occurred change 7 but how we explain how it relates to us changes For example Consider the former USSR Their truths of just a few years ago were completely centered in a government directed truth of socialism Since the USSR broke up would you expect the interpretation of the social contract that seems to have failed the Russian people to be interpreted the same as it was previous to the breakup Hardly So have the facts of Marxist doctrine changed No but the interpretation of its application and validity have certainly changed One of the most signi cant factors in history then is the ability to critically think about the material that you read and study from Get familiar with the following questions that should be applied to the books and documents that you read for this class As you do so you may notice that you start applying the same evaluation to many other things in your life such as the news or commentary politics and politicians even the movies we watch No longer do we simply take everything at face value We question and analyze what we see and hear This leads us to make our own interpretations on life not blindly accepting those that some want to share with you This doesn t make us jaded and cynical about life just the opposite We nd life lled with a million questions that need to be answered Why did that occur How did that come about Where did you get that information Why are you telling me this What is the real motive here How does this relate to Read and reread these following questions until they become somewhat an automatic part of your thinking H ow to read an Historic DocumentT ext The major factors in reading and analyzing documents are to question How to read Historic Documents Primary or secondary documents The major factors in reading and analyzing documents are to question 1 What was the primary purpose or motive of the author in writing this document Secondary purpose 2 Who was the intended audience 3 What are the author s biases 4 What did this document evidence from the time or era How is this document relevant to gaining an understanding of the contemporary times and people 5 What did this document mean in a larger scale of the times To future generations To us presently Does this document assist us in understanding the human experience How 6 Often to understand a document we need to gain an understanding of the history of the time and place to evaluate the document fairly and accurately Then we can assess if it is consistent with what is Page 3 of 36 generally assumed about the time if it is not how accurate is it Why does it contradict what is thought Remember History is a series of arguments to be debated not merely a body of facts to be memorized therefore if a document does not agree with other contemporary documents we do not necessarily throw it out but carefully analyze it and advance an arguments based on reasonable thought 7 One of the hardest parts of reading a document is recognizing our own bias We cannot judge the past by present standards or our own belief and value system Are we maintaining objectivity or subjecting the document to a view colored by our own experience and thoughts that may not be re ective of the time or place As we seek answers to these questions we then interpret or advance arguments about the signi cance and relevance of the document This is the beginning of critical thinking and analysis which are key elements in understanding history Good writing is eXpected on all assignments and the format for writing and annotation of history should follow Kate L Turabian s book A Manual for Writers of Term Papers Theses and Dissertations University of Chicago Press paperback 6 h edition gNon histog majors may use MLA s le annotation For examples of this annotation style see appendiX I Include an introduction with a clearly stated thesis The body of your paper comes neXt and should include the narrative of events and your evidence and interpretations of arguments Your arguments should be based on evidence not merely your opinion One on the main points of college writing is forming informed arguments based on researched evidence and analysis of that evidence Use ofdocuments to evidence your arguments is required The nal part of your paper is the conclusion This is not the place to introduce new evidence or arguments but to sum up those already outlined in the body of your paper Keep in mind this is formal writing Avoid contractions rst and second person pronouns colloquial eXpressions and slang etc Many students unknowingly plagiarize ANY IDEA NUMBERS RESEARCH WORDS PARTS OF OR WHOLE SENTENCES PARAGRAPHS PAGES ETC THAT DOES NOT ORIGINATE FROM YOUR MIND IF NOT SITED TO GIVE CREDIT TO THE SOURCE IS PLAGIARISM Editing What to look for in editing your papers This is the criteria used to grade the paper 1 Clearly stated thesis and arguments Is their argument logical Supported with documents 2 Is the paper in good form with introduction body and conclusion 3 Are the requirements of the paper met Length Conventions of writing 4 Sources are there sufficient sources are they annotated correctly is a works cited page added A good rule of thumb is one citation per paragraph in the body of the paper 5 Conventions of writing Punctuation grammar spelling tone ow etc Assignments and Grade Requirements 1 Document Assignment Using Our Hearts Fell to the Ground and Catlin letters 8 amp 17 Appendix 1 as your documents write a 4 6 page essay addressing what was like for Plains Indians and how that life changed in the 1939h century and how they viewed the elements of those changes Worth 75 points 2 Analysis Assignment Read both Custer Diedfor Your Sins and Killing the White Man s Indian and write a 4 6 page essay using the books as your documents comparing and contrasting the various points of the respective authors add a discussion on each author s bias strengths and weaknesses include your observations about the dating bias in the books and analyze how accurate and valuable these books are in Native American Studies Worth 100 points 3 Debate on the Dawes Act Debate You are in the congress of the United States in 1887 and Senator Henry Dawes has introduced his bill on forced assimilation to save the vanishing race of Native Americans Each member of the class must prepare a three minute speech defending or defeating some Page 4 of 36 speci c aspect of this bill Remember that it is 1887 and you cannot see the future You only know that there are deep problems with the reservation system that has developed 25 points possible 4 Essay Journal In lieu of exams each student will prepare an essay journal addressing the following essays Each essay should be 2 3 pages and follow the forms of good writing outlined above Use sources examples and details in each to ensure full points DO NOT TURN THE ESSAYS IN ONE AT A TIME THE TOTAL ASSIGNMENT IS DUE AT THE END OF THE TERM Information for this assignment will primarily come from North American Indians lectures lms and readings See Select Bibliography Each essay is worth 25 points for a total of 400 points 1 Where according to most anthropologists did Native Americans come from and how do they account for the differences in culture and language 2 What was the Golden Age of Native American culture Discuss at least two examples of cultures manifesting this in North America 3 What was the disease frontier and what was its probable impacts Discuss the Disease Frontier s impact East Coast Indians and Northern Missouri River Tribes in 1837 4 What was the genesis the Plains Culture and what were the common aspects of the culture for the tribes that adopted the lifestyle 5 What brought about the HuronIroquois War and what were its impacts 6 Outline Spanish French English and Russian motivations and activities in the New World in the sixteenth through the early nineteenth centuries and each country s impact on Native peoples How was King Phillip s War a prime example of the impact of English mercantilistic practices 7 The Navajo and the Apache were both Athabaskan people who came to the southwest in about the Ninth Century AD Why did their lifestyles differ so greatly by the Nineteenth Century 8 There were at least three signi cant Native leaders that waged war against American expansion into the Ohio Valley Detail two of those struggles 9 How and why did the Five Civilized Tribes come to live in Oklahoma 10 How did the mountain men era 1825 1840 impact Native Peoples What was the Macedonian Call and how did it impact Native Americans in the Paci c Northwest 11 What were the objectives of the winter campaign and how successful was the military in implementing it 12 Although the Battle of the Little Big Horn was the Indians greatest victory what was the result of that battle in longterm objectives 13 Discuss the events that led to the Flight of the Nez Purse major battles their defeat and aftermath 14 What were the major provisions and objectives of The Dawes Act Why was it passed How and why did it change from tribal involvement on a voluntary basis to forced compliance How successful was the Dawes Act Why 15 What were the objectives time frames successes and failures of Indian Reorganization ActHoward Wheeler Act Termination and Self Determination 16 How has Reservation LifeUS Indian Policy affected Native Americans in the Last quarter century See appendix 3 Select Bibliography for American Indian History These titles are presented to assist students in their research and writing for the Essay Journal Assignment 1 Early Native American History Prehistory Charles Mann 1491 New Revelations ofthe Americas Before Columbus James Axtell Natives anal Newcomers 2 Biological Impact to Native Populations Alfred Crosby Ecological Imperialism The Biological Expansion ofEurope 900 I900 Jared Diamond Guns Germs and Steel The Fates ofHuman Societies 3 Overview of Native American History and Issues Page 5 of 36 Alice B Kehoe North American Indians 3 edition Colin Calloway First Peoples Arrel Gibson The American Indian James AXtell The Invasion Within The Contest ofCultures in Colonial North America Hurtado and Iverson Major Problems in American Indian History 4 US GovernmentIndian Relations Francis Paul Prucha The Great Father Francis Paul Prucha Documents of United States Indian Policy 5 Twentieth CenturV Issues in Native Studies Charles Wilkinson Blood Struggle The Rise of Modern Indian Nations Dee Brown Bury My HeartAt WoundedKnee Vine Deloria Custer Died for Your Sins Fergus M Bordewich Killing the White Man s Indian Alvin Josephy Now the Bu aloAre Gone Alvin Josephy RedPower LECTURE OUTLINES Lecture 1 What is an Indian Origin of Native Americans Berginga Ice Ages Mega Game Hunters Prehistoric Indians Division of Tribes Cultures and Languages Eastern Tribes Southern Plains Southwest Northwest Mississippi Mound Builders California PreColombian contact Lecture 2 Enter the White Man 7 Columbus and Spain Spanish Mercantilism and its impact on Native Americans Cortez to the Pueblo Revolt The French Huron and Iroquois Wars Domino Effect Lecture 3 Indians and the Horse The Plains Culture Comanche The SiouX The Plains Religion Lecture 4 The English Mercantilism Isolation and Separation of the Races The Disease Frontier Indian Wars in Colonial America The Ohio 7 Indian Land Treaty ofParis 1763 Pontiac Joseph Bryant Tecumseh and the War of 1812 Lecture 5 Indian Removal and the 5 Civilized Tribes Indian Tenitory Trail of Tears Lecture 6 Western Indians The Mandan The Mountain Men Lecture 7 The Macedonian Call The Whitman Mission and the Cayuse The Small POX Epidemic of 1837 The Blackfoot Lecture 8 Crow Buffalo Culture and Economics SiouX amp Cheyenne Civil War Sand Creek Long Walk Bear River Massacre Connor s 1864 campaign The Winter Campaign Washita 1876 Reynolds Custer aftermath Lecture 9 The Flight of the Nez Purse Wounded Knee and the Death of the Plains Culture Lecture 10The Dawes Act Boarding Schools Lecture 11 Indian Reorganization Act Howard Wheeler Act Lecture 12 Termination Minonee Part Blood Utes Paiutes Klamath to Self Determination Navajo Code Talkers Read Jurisdiction of Ute Lands Page 6 of 36 Grades 75 points Document Assignment 25 points debate 100 Critical Analysis Assignment 400 points from Essay Journal 600 points total 93 100 A 90 92 A 88 89 13 83 87 B80 82 13 78 79 c 73 77 C 70 72 C 68 69 D 67 60 D Below 60 F Classroom civility Each student is expected to be considerate of fellow students and the instructor and assist in making the classroom a nonthreatening experience for all Rude behavior vulgar expressions mocking questions and mannerisms profanity lack of courtesy etc will not be tolerated Cell phones and beepers or pagers should be turned off during class time except for emergency medical personnel Academic Honesty Each student is expected to maintain high standards of academic honesty Acts of academic dishonesty which include cheating of any kind falsi cation of work or plagiarism trying to pass someone else s work off as your own will result in a failing grade and potentially further action by the standards office For further information see the USU undergraduate handbook Many students unknowingly plagiarize Plagiarization is using others words or ideas as your own ANY THOUGHT IDEA WORDS NUMBERS PHOTO DRAWING STATS ETC THAT DID NOT ORIGINATE FROM YOU MAY BY USED BUT IF NOT SITED AND THE AUTHOR CREDITED IT IS PLAGIARIZATION AddDrop Incomplete Grades Every term students try to change their schedules without completing the necessary paperwork Entry into any class after the scheduled registration time has passed requires an add card being completed Adds can only be done through the third week of class To withdraw from any class you must complete a drop card with the front desk by the end of the fth week of instruction If you do not do so you will receive a failing grade and still be nancially responsible for the course The only exceptions after the fth week are medical or family emergencies and a petition for a late drop form must be completed and approved by the Dean of Continuing Education Incomplete grades are solely up to the instructor and are only considered if there are extenuating circumstances poor performance in class is not an extenuating circumstance according to the USU Undergraduate Catalogue Late Assignments If there is an unavoidable con ict with an assignment or test date you must clear it with the instructor prior to the due date to ensure that the assignment will be accepted or an alternative test date may be arraigned Exceptions to this will only be considered if a genuine emergency has occurred Documentation of such emergencies may be required Any work handed in late without prior clearance from the instructor will not be accepted or have points deducted ADA If you have any kind of medically documented learning disability that requires special consideration in the classroom or on tests or assignments it is your responsibility to register with the Student Disability Of ce on the Logan Campus They will work out the necessary considerations and accommodations with the instructor Page 7 of 36 APPENDIX 1 Unedited LETTERS AND NOTES ON THE MANNERS CUSTOMS AND CONDITIONS OF NORTH AMERICAN INDIANS by George Catlin First published in London in 1844 LETTERNo 8 MOUTH OF THE YELLOWSTONE UPPER MISSOURI SINCE my last Letter nothing of great moment has transpired at this place but I have been continually employed in painting my portraits and making notes on the character and customs of the wild folks who are about me I have just been painting a number of the Crows ne looking and noble gentlemen They are really a handsome and wellformed set of me as can be seen in any part of the world There is a sort of ease and grace added to their dignity of manners which gives them the air of gentlemen once I observed the other day that most of them were over siX feet high and very many of these have cultivated their natural hair to such an almost incredible length that it sweeps the ground as they walk there are refuel instances of this kind amongst them and in some cases a foot or more it will drag on the grass as they walk giving exceeding grace and beauty their movements They usually oil their Lair with a profusion of bear grease every morning which is no doubt one cause of the unusual length which their hair eXtends though it cannot be the sole cause of it for the other tribes throughout this country use the bear s grease in equal profusic without producing the same result The Mandans however and the SiouX of whom I shall speak in future epistles have cultivated a very great growth of the hair as many of them are seen whose hair reaches near to the ground This extraordinary length of hair amongst the Crows is con ned to the men alone for the women though all of them with glossy and beautif hair and a great profusion of it are unable to cultivate it to so great length or else they are not allowed to compete with their lords in a fashion so Ornamental and on which the men so highly pride themselves and a obliged in many easer to cut it short off The fashion of long hair amongst the men prevails throughout all the Western and North Western tribes after passing the Sacs and Foxes ar the Pawnees of the Platte who with two or three other tribes only a in the habit of shaving nearly the whole head The present chief of the Crows who is called quotLonghairquot and he received his name as well as his office from the circumstance of having the longest hair of any man in the nation I have not yet seen but I hope I may Here I leave this part of the country This eXtraordinary man known to several gentlemen with whomI am acquainted and particular to Messrs Sublette and Campbell of whom I have before spoken who told me they had lived in his hospitable lodge for months together and assured me that they had measured his hair by a correct means and found it to be ten feet and seven inches in length closely inspecting every part of it at the same time and satisfying themselver that it war the natural growth On ordinary occasions it is wound with a broad leather strap from his head to its eXtreme end and then folded up into a budget or block of some ten or twelve inches in length and of some pounds weight which when he walks is canied under his arm or placed in his bosom within the folds of His robe but on Page 8 of 36 any great parade or similar occasion his pride is to unfold it oil it with bear s grease and let it drag behind him some three or four feet o t spread out upon the grass end black and shining like a raven s wing It is a common custom amongst most of these upper tribes to splice or add on several lengths of hair by fastening them with glue probably for the purpose of imitating the Crows upon whom alone Nature has bestowed this conspicuous and signal ornament Amongst the Crows of distinction now at this place I have painted the portraits of several who exhibit some striking peculiarities Amongst whom is Chaheechopes the fourwolves a ne looking fellow six feet in stature and whose natural hair sweeps the grass as he walks he is beautifully clad and carries himself with the most graceful and manly men he is in mourning for a brother and according to their custom har cut off a number of locks of his long hair which is as much as a man can well spare of so valued an ornament which he has been for the greater part of his life cultivating whilst a woman who mourns for a husband or child is obliged to crop her hair short to her head and so remained till it grows out again ceasing gradually to mourn as her hair approaches to its former length Duhlrpitsaboshee the red bear a clistinguirhed warrior and Oojeenaheha the woman who lives in the bear s den I have also painted Pariskaroopa two crows the younger one of the most extraordinary men in the Crow nation not only for his loots from the form of his head which seems to be distortion itself and curtailed of all its fair proportions but from his extraordinary sagacity so a counsellor and orator even at an early stage of his life There is something very uncommon in this outline and sets forth the striking peculiarity of the Crow tribe though rather in an exaggerated form The semilunar outline of the Crow head with an exceedingly low and retreating forehead is certainly a very peculiar and striking characteristic and though not so strongly marked in most of the tribe as in the present instance is sufficient for their detection whenever they are met and will be subject For further comment in another place The Crow womenand Blackfeet also are not handsome and I shall at present ray but little of them They are like all other Indian women the slaves of their husbands being obliged to perform all the domestic work and drudgeries of the tribe and not allowed to join in their religious rit or ceremonies nor in the dance or other amusements The women in all these upper and western tribes are decently dresse and many of them with great beauty and taste their dresses are all of deer or goat skins extending from their chins quite down to the feet the dresses are in many instances trimmed with ermine and ornamented with porcupine quills and beads with exceeding ingenuity The Crow and Blackfeet women like all others I ever saw in any Indian tribe divide the hair on the forehead and paint the separation or crease with vermilion or red earth Far what purpose this little but universal custe is observed I never have been able to learn The men amongst the Blackfeet tribe have a fashion equally simple an probably of as little meaning which seems strictly to be adhered to by evt man in the tribe they separate the hair in two places on the forehe leaving a lock between the two of an inch or two in width which is ca fully straightened down on to the bridge of the nose and there cut squr off It is more than probable that this is done for the purpose of distinction that they may thereby be free from the epithet of effeminacy which mig otherwise attach to them These two tribes whom I have spoken of connectedly speak two distinguish and entirely dissimilar languages and the language of each is different and radically so from that of all other tribes about them Page 9 of 36 As these peel are always at war and have been time out of mind they do not int marry or hold converse with each other by which any knowledge each other s language could be acquired It would he the work of man s lifetime to collect the languages of all the different tribes whicl am visiting andI shall from necessity leave this subject chie y others who have the time to devote to them to explain them to the wor I have however procured a brief vocabulary of their words and sentene in these tribes and shall continue to do so amongst the tribes I all visit which will answer as a specimen or sample in each and which in a sequel to these Letters if they should ever be published will probably arranged The Blackfeet are perhaps the most powerful tribe of Indians on this Continent and being sensible of their strength have stubbomly resisted traders in their country who hare been gradually forming an acquaintar with them and endeavouring to establish a permanent and pro table syste of trade Their country abounds in beaver and buffalo and most of Furbearing animals of North America anti the American Fur Company with an unconquerable spirit of trade and enterprize has pushed its esta lishments into their country and the numerous parties of trappers a tracing up their streams and rivers rapidly destroying the beavers which Indian languages of North America can all be traced to two or three rooty The language of the Dohcotas is entirely end radically distinct from that of the Maudans and theirs equally so from the Blaclrfoot and the Crows And from the lips of Mr Brazeau a gentleman of education and strict observation who has lived several years with the Blackfeet and Shiennes and who speaks the language of tribes on either side of them assures me that these languages are radically distinct and dissimilar as I have above stated and also that although he has been several years amongst those tribes he has not been able to trace the slightest resemblance between the Cree Dohcotas and Blackfoot and Shienne and Crow and Mandan tongues and from a great deal of corroborating information which I have got from other persons acquainted with these tribes I am fully convinced of the correctness of his statements Besides the Blackfeet and Crows whom I told you were assembled at this place are also the KnisteneauX or Crees as they are commonly called a very pretty and pleasing tribe of Indians of about 3000 in number living on the north of this and also the Assinneboins and Ojibbeways both of which tribes also inhabit the country to the north and northeast of the mouth of Yellow Stone The KnisteneauX are of small stature but wellbuilt for strength and activity combined are a people of wonderful prowess for their numbers and have waged an unceasing warfare with the Blackfeet who are their neighbours and enemied on the west From their disparity in numbers they are rapidly thinning the ranks of their warriors who bravely sacri ce their lives in contentions with their powerful neighbours This tribe occupy the country from the mouth of the Yellow Stone in a northwestern direction far into the British territory and trade principally at the British N W Company s forts The Assinneboins of seven thousand and the Ojibbeways of siX thousand occupy a vast eXtent of country in a northeastem direction front this eXtending also into the British possessions as high north as Lake Winnepeg and trading principally with the British Company These three tribes are in a state of nature living as neighbours and are also on terms of friendship with each other This friendship however is probably but a temporary arrangement brought about by the Traders amongst them and which like most Iudian pace establishments will be of short duration The Ojibbeways are undoubtedly a part of the tribe of Chippeways with whom we are more familiarly acquainted and who inhabit the southwest shore of Lake Superior Their language is the same though they are separated several hundred miles from any of them and seem to have on knowledge of them or traditions of the manner in which or of the time when they became severed from each other The Assinneboins are a part of the Dohcotas or SiouX undoubtedly for their personal appearance as well as their language is very similar Page 10 of 36 At what time or in what manner these two parts of a nation got strayed away from each other is a mvstery yet such cases have often occurred of which I shall say more in future Large parties who are straying of n pursuit of game or in tbs occupation of war are oftentimes intercepted by their enemy and beiug prevented from returning are run off to a distant region where they take up their residence and establish themselves as a nation There is a very curious custom amongst the Assinneboins from whiclh they have taken their name a name given them by their neighbours from a singular mode they have of boiling their meat which ir done in the following manner when they kill meat a hole is dug in the ground about the size of a common pot and a piece of the raw hide of the animal as taken from the back is put over the hole and then pressed down with the hands close around the sides and lled with water The meat to be boiled is then put in this hole or pot of water and in a re which is built near by several large stones are heated to a red heat which are successively dipped and held in the water until the meat is boiled from which singular and peculiar custom the Ojibbeways have given them the appellation of Assinneboins or stone boilers This custom is a very awkward and tedious one and used only as an ingenious means of boiling their meat by a tribe who was too rude and ignorant to construct a kettle or pot The Traders have recently supplied these people with pots and even long before that the Mandans had instructed them in the secret of manufacturing very good and serviceable earthen pots which together have entirely done away the custom excepting at Public festivals where they seem like all others of the human family to take pleasure in cherishing and perpetuating their ancient customs Of these three tribes I have also lined my paintingroom with a number of very interesting portraits of the distinguished and brave men and also representations of their games and ceremonies which will be found in my INDIAN GALLERY if I live and they can be preserved until I get home The Assinneboine or stone boilers are a ne and noble looking race of Indians bearing both in their looks mid customs a striking resemblance to the Docotas or Sioux from whom they have undoubtedly sprung The men are tall and graceful in their movements and wear their pictured robes of the buffalo hide with great skill and pleasing effect They are good hunters and tolerably supplied with horses and living in a country abounding with buffaloes are well supplied with the necessaries of Indian life and may be said to live well Their games and amusements are many of which the most valued one is the ballplay and in addition to which they have the game of the moccasin horseracing and dancing some one of which thev seem to be almost continually practicing slid of all of which I shall herea er give the reader as well as of many others of their amusemeuts a minute account Their dances which were frequent and varied were generally erectly the same as those of the Sioux of which I have given a faithful account in my Notes on the Sioux and which the reader will I meet with There was one of these scenes however that I witnessed the other day which appeared to me to be peculiar to this tribe and exceedingly picturesque in its effect which was described to me as the pipe dance and was as follows On a hardtrodden pavement in front of their village which place is used for all their public meetings and many of their amusements the young men who were to compose the dance had gathered themselves around a small re and each one seated on a buffalorobe spread upon the ground In the centre and by the re was seated a dignitary who seemed to be a chief perhaps a doctor or medicineman with a long pipe in his hand which he lighted at the re and smoked incessantly grunting forth at the same time in halfstrangled gutturals a sort of song which I did not get translated to my satisfaction and which might have been susceptible of none While this was going on another grim visaged fellow in another part of the group commenced beating on a drum or tambourine accompanied Page 11 of 36 by his voice when one of the young men seated sprang instantlv on his feet and commenced singing in time with the taps of the drum and leaping about on one foot and the other in the most violent manner imaginable In this way he went several times around the circle bowing and brandishing his sts in the faces of each one who was seated until at length he grasped one of them by the hands and jerked him forcibly up upon his feet who joined in the dance for a moment leaving the one who had pulled him up to continue his step and his song in the centre of the ring whilst he danced around in a similar manner jerking up another and then joining his companion in the centre leaving the third and the fourth and so on to drag into the ring each one his man until all were upon their feet and at last joined in the most frightful gesticulations and yells that seemed almost to make the earth quake under our feet This strange manoeuvre which I did but partially understand lasted for halfer threequarters of an hour to the great amusement of the gaping multitude who were assembled around and broke up with the most piercing yells and barks like those of so many affrighted dogs The Assinneboins somewhat like the Crows cultivate their hair to a very great length in many instances reaching down nearly to the ground but in most instances of this kind I nd the great length is produced by splicing or adding on several lengths which are fastened very ingeniously by means of glue and the joints obscured by a sort of paste of red earth and glue with which the hair is at intervals of every two or three inches tilled and divided into locks and slabs of an inch or so in breadth and falling straight down over the back to the heels have painted the portrait of a very distinguished young man and son of the chief his dress is a verv handsome one and in every respect answers well to the descriptions I have given above The name of thir man is Wijunjon the pigeon s egg head and by the ride of him amp his wife Chinchapee the re bug that creeps a ne looking squaw in a handsome dress of the mountainsheep skin holding in her band 8 stick curiously carved with which every woman in this country is supplied for the purpose of digging up the quotPomme Blanchequot or prairie turnip which is found in great quantities in these northern prairies and furnishes the Indians with an abundant and nourishing food The women collect these turnips by striking the end of the stick into the ground and prying them out after which they are dried and preserved in their wigwams for use during the season I have just had the satisfaction of seeing this travelledgentleman Wijunjon meet his tribe his wife and his little children after an absence of a year ormore on his journey of 6000 miles to Washington City and back again in company with Major Sanford the Indian agent where he has been spending the winter amongst the fashionables in the polished circles of civilized society And I can assure you readers that his entrCe amongst his own people in the dress and with the airs of a civilized beau was one of no ordinary occurrence and produced no common sensation amongst the redvisaged Assinneboins or in the minds of those who were travellers and but spectators to the scene On his way home from St Louis to this place a distance of 2000 miles I travelled with this gentleman on the steamer YellowStone and saw him step ashore on a beautiful prairie where several thousands of his people were encamped with a complete suit in military a colonel s uniform of blue presented to him by the President of the United States with a beaver hat and feather with epaulettes of gold with sash and belt and broad sword with highheeled boots with a keg of whiskey under his arm and a blue umbrella in his hand In this plight and metamorphose he took his position on the bank amongst his friends His wife and other relations not one of whom eXhibited for an halfhour or more the least symptoms of recognition although they knew well who was before them He also gazed upon them upon his wife and parents and little children who were about as if they were foreign to him and be had not a feeling or thought to interchange with them Thus the mutual gazings upon and from this wouldbestranger lasted for full half an hour when a gradual but cold and exceedingly formal recognition began to take place and an acyuaintance ensued which ultimately and smoothly resolved itself without the least apparent emotion into its former state and the mutua Page 12 of 36 kindred intercourse seemed to dow on exactly where it had been broken off as if it had been but for a moment and nothing had transpired in the interim to check or change its character or expression Such is one of the stoic instances of a custom which belongs to all the North American Indians forming one of the most striking features in theirm character valued cherished and practiced like many others of their strange notiong for reasons which are difficult to be learned or understood and which probably will never be justly appreciated by others than themselves This man at this time is creating a wonderful sensation amongst his tribe who are daily and nightly gathered in gaping and listless crowds around him whilst he is descanting upon what he has seen in the fashionable world and which to them is unintelligible and beyond their comprehension for which I nd they are already setting him down as a liar and impostor What may be the nal results of his travels and initiation into the fashiouable world and to what disasters his incredible narrations may yet subject the poor fellow in this strange land time only will develope He is now in disgrace and spurned by the leading men of the tribe and rather to be pitied than envied for the advantages which one might have supposed would have own from his fashionable tour More of this curious occurrence and of this extraordinary man I will surely give in some future epistles The women of this tribe are often comely and sometimes pretty the dresses of the women and children which are usually made of the skins of the mountaingoat and ornamented with porcupine s quills and rows of elk s teeth The Knisteneaux or Crees as they are more familiarly called in this country are a very numerous tribe extending from this place as high north as the shorer of Late Winnepeg and even much further in a north westerly direction towards and even through a great part of the pocky Mountains I have before said of these that they were about 3000 in numbers be that I meant but a small part of this extensive tribe who are in the habit dr visiting the American Fur Company s Establirhment at this place to do their trading and who themselves scarcely know anything of the great extent of country over which this numerous and scattered family range Their customs may properly be paid to be primitive as no inroads of civilized habits have been as yet successfully made amongst them Like the other tribes in these regions they dress in skins and gain their food and conduct their wars in a very similar manner They are a very daring and most adventurous tribe roaming vast distances over the prairies and carrying war into their enemy s country With the numerous tribe of Blackfeet they are always waging an uncompromising warfare and though fewer in numbers and less in stature they have shewn themselves equd in sinew and not less successful in mortal combats Amongst the foremost and most renowned of their warriors is Brocassit the broken arm in a handsome dress and by the side of him his wife a simple and comely looking woman In a scetch will be seen the full length portrait of a young woman with a child on her back shewing fairly the fashion of cutting and omamenting the dresses of the females in this tribe which without further comment is all I shall say at this time of the valorous tribe of Crees or Kniteneaur The Ojibbeways I have briefy mentioned in a former place and of them should say more which will be done at a proper time after I shall have visited other branches of this great and scattered family The chief of that part of the Ojibbeway tribe who inhabit these northern regions and whose name is Sha copay the Sir is a man of huge size with dignity of manner and pride and vanity just about in Page 13 of 36 proportion to his bulk He sat for his portrait in a most beautiful dress fringed with scalp locks in profusion which he had snatched in his early life from his enemies heads and now wears as proud trophies and proofs of what his arm has accomplished in battles with his enemies His shirt of buckskin is beautifully embroidered and painted in curious hieroglyphics the history of his battles and charts of his life This and also each and every article of his varied dress had been manufactured by his wives of which he had several and one though not the most agreeable I have much to see of these people yet and much consequently to write 80 for the present I close my book LETTERS AND NOTES ON THE MANNERS CUSTOMS AND CONDITIONS OF NORTH AMERICAN INDIANS by George Catlin First published in London in 1844 LETTERNo l7 MANDAN VILLAGE UPPER MISSOURI I mentioned in the foregoing epistle that the chiefs of the Mandans frequently have a plurality of wives Such is the custom amongst all or these North Western tribes and a few general remarks on this subject will apply to them all and save the trouble of repeating them Polygamy is countenanced amongst all of the North American Indians so far as I have visited them and it is no uncommon thing to nd a chief with six eight or ten and some with twelve or fourteen wives in his lodge Such is an ancient custom and in their estimation is right as well as necessary Women in a savage state I believe are always held in a rank inferior to that of the men in relation to whom in many respects they stand rather in the light of menials and slaves than otherwise and as they are the quothewers of wood and drawers of water quotit becomes a matter of necessity for a chief who must be liberal keep open doors and entertain for the support of his popularity to have in his wigwam a suf cient number of such handmaids or menials to perform the numerous duties and drudgeries of so large and expensive an establishment There are two other reasons for this custom which operate with equal if not with greater force than the one above assigned In the rst place these people though far behind the civilized world in acquisitiveness have still more or less passion for the accumulation of wealth or in other words for the luxuries of life and a chief excited by a desire of this kind together with a wish to be able to furnish his lodge with something more than ordinary for the entertainment of his own people as well as strangers who all upon his hospitality sees t to marry a number of wives who are kept at hard labor during most of the year and the avails of that labour enable him to procure those luxuries and give to his lodge the appearance of respectability which is not ordinarily seen Amongst those tribes who trade with the Fur Companies this system is carried out to a great extent and the women are kept for the greater pact of the Page 14 of 36 year dressing buffalo robes and other skins for the market and the brave or chief who has the greatest number of wives is considered the most af uent and envied man in the tribe for his table is most bountifully supplied and his lodge the most abundantly furnished with the luxuries of civilized manufacture who has at the year s end the greatest number of robes to vend to the Fur Company The manual labour amongst savages is all done by the women and as there are no daily laborers or persons who will quothire outquot to labour for another it becomes necessary for him who requires more than the labour or services of one to add to the number by legalizing and compromising by the ceremony of marriage his stock of laborers who can thus and thus alone be easily enslaved and the results of their labour turned to good account There is yet the other inducement which probably is more effective than either the natural inclination which belongs to man who stands high in the estimation of his people and wields the scepter of power surrounded by temptations which he considers it would be unnatural to resist where no law or regulation of society stands in the way of his enjoyment Such a custom amongst savage nations can easily be excused too and we are bound to excuse it when we behold man in a state of nature as he was made following a natural inclination which is sanctioned by ancient custom and by their religion without a law or regulation of their society to discountenance it and when at the same time such an accumulation of a man s household instead of quadrupling his expenses as would be the case in the civilized world actually becomes his wealth as the results of their labour abundantly secure to him all the necessaries and luxuries of life There are other and very rational grounds on which the propriety of such a custom may be urged one of which is as follows as all nations of Indians in their natural condition are unceasingly at war with the tribes that are about them for the adjustment of ancient and neverending feuds as well as from a love of glory to which in Indian life the battle eld is almost the only road their warriors are killed off to that extent that in many instances two and sometimes three women to a man are found in a tribe in such instances I have found that the custom of polygamy has kindly helped the community to an evident relief from a cruel and prodigious calamity The instances of which I have above spoken are generally confined to the chiefs and medicinemen though there is no regulation prohibiting a poor or obscure individual from marrying several wives other than the personal dif culties which lie between him and the hand which he wishes in vain to get for want of sufficient celebrity in society or from a still more frequent objection that of his inability from want of worldly goods to deal in the customary way with the fathers of the girls whom he would appropriate to his own household There are very few instances indeed to be seen in these regions where a poor or ordinary citizen has more than one wife but amongst chiefs and braves of great reputation and doctors it is common to see some six or eight living under one roof and all apparently quiet and contented seemingly harmonizing and enjoying the modes of life and treatment that falls to their lot Wives in this country are mostly treated for with the father as in all instances they are regularly bought and sold In many cases the bargain is made with the father alone without ever consulting the inclinations of the girl and seems to be conducted on his part as a mercenary contract entirely where he stands out for the highest price he can possibly command for her There are other instances to be sure where the parties approach each other and from the expression of a mutual fondness make their own arrangements and pass their own mutual vows which are quite as sacred and inviolable as similar assurances when made in the civilized world Yet even in such cases the marriage is never consummated without the necessary orm of making presents to the father of the girl Page 15 of 36 It becomes a matter of policy and almost of absolute necessity for the white men who are Traders in these regions to connect themselves in this way to one or more of the most in uential families in the tribe which in a measure identi es their interest with that of the nation and enables them with the in uence of their new family connexions to carry on successfully their business transactions with them The young women of the best families only can aspire to such an elevation and the most of them are exceedingly ambitious for such a connexion inasmuch as they are certain of a delightful exemption from the slavish duties that devolve upon them when married under other circumstances and expect to be as they generally are allowed to lead a life of ease and idleness covered with mantles of blue and scarlet clothwith beads and trinkets and ribbons in which they ounce and irt about the envied and tinselled belles of every tribe These connexions however can scarcely be called marriages for I believe they are generally entered into without the form or solemnizing ceremony of a marriage and on the part of the father of the girls conducted purely as a mercenary or business transaction in which they are very expert and practice a deal of shrewdness in exacting an adequate price from a purchaser whom they consider possessed of so large and so rich a stock of the world s goods and who they deem abundantly able to pay liberally for so delightful a commodity Almost every Trader and every clerk who commences in the business of this country speedily enters into such an arrangement which is done with as little ceremony as he would bargain for a horse and just as unceremoniously do they annul and abolish this connexion when they wish to leave the country or change their positions from one tribe to another at which time the woman is left a fair and proper candidate for matrimony or speculation when another applicant comes along and her father equally desirous for another horse or gun amptc which he can easily command at her second cspousal From the enslaved and degraded condition in which the women are held in the Indian country the world would naturally think that theirs must be a community formed of incongruous and unharmonizing materials and consequently destitute of the ne reciprocal feelings and attachments which ow from the domestic relations in the civilized world yet it would be untrue and doing injustice to the Indians to say that they were in the least behind us in conjugal in lial and in paternal affection There is no trait in the human character which is more universal than the attachments which ow from these relations and there is no part of the human species who have a stronger affection and a higher regard for them than the North American Indians There is no subject in the Indian character of more importance to be rightly understood than this and none either that has furnished me more numerous instances and more striking proofs of whichI shall make use on a future occasion whenI shall say a vast deal more of marriage of divorce of polygamy and of Indian domestic relations For the present I am scribbling about the looks and usages of the Indians who are about me and under my eye and I must not digress too much into general remarks lest I lose sight of those who are near me and the rst to be heralded Such then are the Mandans their women are beautiful and modestand amongst the respectable families virtue is as highly cherished and as inapproachable as in any society whatever yet at the same time a chief may marry a dozen wives if he pleases and so may a white man and if either wishes to marry the most beautiful and modest girl in the tribe she is valued only equal perhaps to two horses a gun with powder and ball for a year ve or six pounds of beads a couple of gallonsof whiskey and a handful of awls The girls of this tribe like those of most of these northwestem tribes marry at the age of twelve or fourteen and some at the age of eleven years and their beauty from this fact as well as from the slavish Page 16 of 36 life they lead soon after marriage vanishes Their occupations are almost continual and they seem to go industriously at them as if from choice or inclination without a murmur The principal occupations of the women in this village consist in procuring wood and water in cooking dressing robes and other skins in drying meat and wild fruit and raising corn maize The Mandans are somewhat of agriculturists as they raise a great deal of corn and some pumpkins and squashes This is all done by the women who make their hoes of the shoulderblade of the buffalo or the elk and dig the ground over instead of ploughing it which is consequently done with a vast deal of labour They raise a very small sort of corn the ears of which are not longer than a man s thumb This variety is well adapted to their climate as it ripens sooner than other varieties which would not mature in so cold a latitude The green corn season is one of great festivity with them and one of much importance The greater part of their crop is eaten during these festivals and the remainder is gathered and dried on the cob before it has ripened and packed away in quotcachesquot as the French call them holes dug in the ground some siX or seven feet deep the insides of which are somewhat in the form of a jug and tightly closed at the top The corn and even dried meat and pemican are placed in these caches being packed tight around the sides with prairie grass an effectually preserved through the severest winters Corn and dried meat are generally laid in the fall ill suf cient quantities to support them through the winter These are the principal articles of food during that long and inclement season and in addition to them they oftentimes have in store great quantities of dried squashes and dried quotpommes blanchesquot a kind of turnip which grows in great abundance in these regions and of which I have before spoken These are dried in great quantities and pounded into a sort of meal and cooled with the dried meat and corn Great quantities also of wild fruit of different kinds are dried and laid away in store for the winter season such as buffalo berries service berries strawberries and wild plume The buffalo meat however is the great staple and quotstaff of lifequot in this country and seldom if ever fails to afford them an abundant and wholesome means of subsistence There are from a fair computation something like 250000 Indians in these western regions who live almost exclusively on the esh of these animals through every part of the year During the summer and fall months they use the meat fresh and cook it in a great variety of ways by roasting broiling boiling stewing smoking ampc and by boiling the ribs and joints with the marrow in them make a delicious soup which is universally used and in vast quantities The Mandans I nd have no regular or stated times for their meals but generally eat about twice in the twentyfour hours The pot is always boiling over the re and any one who is hungry either of the household or from any other part of the village has a right to order it taken off and to fall to eating as he pleases Such is an unvarying custom amongst the North American Indians and I very much doubt whether the civilized world have in their institutions ally system which can properly be called more humane and charitable Every man woman or child in Indian communities is allowed to enter any ones lodge and even that of the chief of the nation and eat when they are hungry provided misfortune or necessity hat driven them to it Even so can the poorest and most worthless drone of the nation if he is too lazy to hunt or to supply himself he can walk into any lodge and everyone will share with him as long as there is anything to eat He however who thus begs when he is able to hunt pays dear for his meat for he is stigmatized with the disgraceful Epithet of a poltroon and a beggar The Mandans like all other tribes sit at their meals crosslegged or rather with their ancles crossed in front of them and both Feet drawn close under their bodies or which is very often the case also take their meals in a reclining posture with the legs thrown out and the body resting on one elbow and fore arm which are under them The dishes from which they eat are invariably on the ground or door of the lodge and the group resting on buffalo robes or mats of various structure and manufacture Page 17 of 36 The position in which the women sit at their meals and on other occasions is different from that of the men and one which they take and rise from again with great ease and much grace by merely bending the knees both together inclining the body back and the head and shoulders quite forward they squat entirely down to the ground inclining both feet either to the right or the left In this position they always rest while eating and it is both modest and graceful for they seem with apparent ease to assume the position and rise out of it without using their hands in any way to assist them These women however although graceful and civil and ever so beautiful or ever so hungry are not allowed to sit in the same group with the men while at their meals So far as I have yet travelled in the Indian country I never have seen an Indian woman eating with her husband Men form the rst group at the banquet and women and children and dogs all come together at the next and these gormandize and glut themselves to an enormous extent though the men very seldom do It is time that an error on this subject which has gone generally abroad in the world was corrected It is everywhere asserted and almost universally believed that the Indians are quotenormous eatersquot but comparatively speaking I assure my readers that this is an error I venture to say that there are no persons on earth who practice greater prudence and selfdenial than the men do amongst the wild Indians who are constantly in war and in the chase or in their athletic sports and exercises for all of which they are excited by the highest ideas of pride and honour and every kind of excess is studiously avoided and for a very great part of their lives the most painful abstinence is enforced upon themselves for the purpose of preparing their bodies and their limbs for these extravagant exertions Many a man who has been a few weeks along the frontier amongst the drunken naked and beggared part of the Indian race and run home and written a book on Indians has no doubt often seen them eat to beastly excess and he has seen them also guzzle whiskey and perhaps sold it to them till he has seen them glutted and besotted without will or energy to move and many and thousands of such things can always be seen where white people have made beggars of them and they have nothing to do but lie under a fence and beg a whole week to get meat and whiskey enough for one feast and one carouse but amongst the wild Indians in this country there are no beggars no drunkards and every man from a beautiful natural precept studies to keep his body and mind in such a healthy shape and condition as will at all times enable him to use His weapons in selfdefense or struggle for the prize in their manly games As I before observed these men generally eat but twice a day and many times not more than once and those meals are light and simple compared with the meals that are swallowed in the civilized world and by the very people also who sit at the festive board three times a day making a jest of the Indian for his eating when they actually guzzle more liquids besides their eating than would ll the stomach of an Indian There are however many seasons and occasions in the year with all Indians when they fast for several days in succession and others where they can get nothing to eat and at such times their habits are such they may be seen to commence with an enormous meal and because they do so it is an insuf cient reason why we should for ever remain under so egregious an error with regard to a single custom of these people I have seen so many of these and lived with them and travelled with them and oftentimes felt as if I should starve to death on an equal allowance that I am fully convinced I am correct in saying that the North American Indians taking them in the aggregate even where they have an abundance to subsist on eat less than any civilized population of equal numbers that I have ever travelled amongst Their mode of curing and preserving the buffalo meat is somewhat curious and in fact it is almost incredible also for it is all cured or dried in the sun without the aid of salt or smoke The method of doing this is the same amongst all the tribes from this to the Mexican Provinces and is as follows The Page 18 of 36 choicest parts of the esh from the buffalo are cut out by the squaws and carried home on their backs or on horses and there cut quotacross the grainquot in such a manner as will take alternately the layers of lean and fat and having prepared it all in this way in strips about half an inch in thickness it is hung up by hundreds and thousands of pounds on poles resting on crotches out of the reach of dogs or wolves and eXposed to the rays of the sun for several days when it becomes so effectually dried that it can he carried to any part of the world without damage This seems almost an unaccountable thing and the more so as it is done in the hottest months of the year and also in all the different latitudes of an Indian country So singular a fact as this can only be accounted for I consider on the ground of the eXtraordinary rarity and purity of the air which we meet with in these vast tracts of country which are now properly denominated quotthe great buffalo plainsquot a series of exceedingly elevated plateaus of steppes or prairies lying at and near the base of the Rocky Mountains It is a fact then which I presume will be new to most of the world that meat can be cured in the sun without the aid of smoke or salt and it is a fact equally true and equally surprising also that none of these tribes use salt in any way although their country abounds in salt springs and in many places in the frequent walks of the Indian the prairie may be seen for miles together covered with an incrustation of salt as white as the drifted snow I have in travelling with Indians encamped by such places where they have cooked and eaten their meat when I have been unable to prevail on them to use salt in any quantity whatever The Indians cook their meat more than the civilized people do and I have long since learned from necessity that meat thus cooked can easily be eaten and relished too without salt or other condiment The fact above asserted applies exclusively to those tribes of Indians which I have found in their primitive state living entirely on meat but everywhere along our Frontier where the game of the country has long since been chie y destroyed and these people have become semicivilized raising and eating as we do a variety of vegetable food they use and no doubt require a great deal of salt and in many instances use it even to destructive excess Page 19 of 36 Page 3 of 36 APPENDIX 2 The following article was published December 2001 in American Indian Law Review Jurisdiction of Ute Reservation Lands John D Barton Candace M Barton After years of litigation involving several court cases in 1994 the Supreme Court of the United States handed down a landmark decision that ruled on jurisdiction of former Ute reservation lands This case has since become the nal word in jurisdiction of reservation lands throughout the United States As with most policysetting decisions the underpinnings of this case were framed centuries earlier Throughout the colonial era of the Thirteen Colonies and continuing after the rati cation of the United States Constitution an isolationseparation policy developed and was practiced towards the Native Americans by rst the colonial governments and then by the United States By the late 1880s the government admitted failure in the policy s application as bene cial to Native Americans and reversed itself by attempting forced assimilation into EuroAmerican culture with the passage of the Dawes Act Huge portions of the Native American reservation lands were seized with implementation of the General Allotment Policy of 1887 which was the of cial policy that implemented the Dawes Act Nearly a century later the Ute Tribe demanded jurisdictional rights over reservation land that was taken from them under the General Allotment Policy which then necessitated litigation for settlement of the jurisdiction issue between the Ute Tribe and jurisdiction institutions of the cities of Roosevelt Ballard and Duchesne Duchesne County and the State of Utah But what put the wheels in motion that lead to this con ict was the con icting governmental policies of the nineteenth century isolation followed by forced assimilation This resulted in the controversy over jurisdictional land issues among the Ute Tribe that plagued the courts and troubled both the Ute and NonIndian communities of the Uintah Basin from 1981 to 1994 The isolation separation policy of the American Federal Government was an outgrowth of colonial attitudes and policy When England rst established colonies in the New World they proceeded from a premise that the two races the English and the Native Americans were incompatible1 One of 1For a general overview of the policy see Richard White It s YourMisfartune andNane any Own Norman University of Oklahoma 1991 110 115 Additional documentation of the policy of separation is evident in the following George Washington to James Duane September 7 178339 Report on Committee on Indian Affairs October 15 1783 Treaty of Fort Melntosh Janurary 21 1785 between the States and the Wiandot Delaware Chippawa and Ottawa Nations as cited in Documents of United States Indian Policy Second Edition Francis Paul Page 4 of 36 many signi cant differences was their respective views of land ownership The English divided land up into individual parcels which usually one person or family would own In contrast Native Americans territorial lands were communally not individually held The English also acted from the premise that each tribe was an individual nation therefore each tribe was dealt with by a separate treaty This method of dealing with the native Tribes varied from their European neighbors to the north the French who wanted to take advantage of the nancial bene ts they saw from using the Indians as trade partners in the fur trade2 The Spanish to the southwest also differed from the English in that they wanted to convert the Indians to Christianity and utilize them as laborers3 But the English wanted as little to do with the Indians as possible Mostly they wanted them out of the way From the start the English settlers in America wanted their towns cities and colonies separated from the Indians territory After the Revolutionary War and the framing of the constitution the new government continued similar policies4 The separation of the races caused problems for over two hundred and fty years between the Native Americans and EuroAmericans As immigrants continued to pour into America the newly arrived EuroAmericans wanted additional land that native tribes occupied Generation after generation the Americans starting from the east coast pushed Native Americans westward resulting in displacement throughout the entire region5 Prucha editor Lincoln University of Nebraska Press 1990 l 3 56 In these documents and many others the major issues deal with peace between the White and Indian Nations and the attempt to impose upon the Native Americans boundaries to insure separation 2 James Axtell The Invasion Within New York Oxford University Press 1981 35 3Albert L Hurtado Sexuality in Early California s Franciscan Missions Cultural Perceptions and Sad Realities In Clyde A Milner II Anne M Butler David Rich Lewis Major Problems in the History of the West New York Houghton lIifflin Co 1997 6980 4President Washington s Third Annual Message October 25 1791 as cited in Documents of United States Indian Policy notes That the mode of alienating their Indian lands was the main source of discontent and war Also see White 110 115 5Arrell Morgan Gibson The American Indian Lexington DC Heath And Company 1980 290291 As settlers took land from the Eastern Indian tribes in the late eighteenth and early nineteenth centuries the Indians were forced to move ever further westward which caused the tribes that already occupied those lands to also move creating a domino effect During the rst half of the nineteenth century the western tribes started to feel the strain that their eastern counterparts had long been suffering Miners explorers hunters homesteaders and Mormon pioneers owed into the West and like the eastern settlers they too wanted land occupied by Native Americans Western tribes were being forced to inhabit ever shrinking territories and adopt new lifestyles Particularly disastrous to native lifestyle was the mass slaughter of buffalo that were killed by the tensof millions in the 1870s and 1880s thus eliminating the most signi cant food source of native peoples Equally damaging to their old way of life were the white invaders who took their most valuable lands For the Northern Ute Indians in what became Utah this invasion upon their native habitat began in 1847 when the Mormon pioneers began lling the Salt Lake Valley6 Prior to 1847 most EuroAmericans who came to Utah were Spanish eXplorers and later mountain men who came to trap beaver and trade with the Utes Few if any of these visitors to Ute lands intended on staying The Utes of Northern Utah and Western Colorado were at this time at the pinnacle of their military strength George Brewerton a frontiersman met the Utes in 1848 and said of them The Eutaws are perhaps the most powerful and warlike tribe now remaining on the continent They appear well provided with rearms which they are said to use with the precision of veteran ri emen With the entry of the Mormons to the homelands of the Utes and nearly a decade later the miners of Colorado the Utes felt for the rst time large scale encroachment The native people failed to recognize that what started as a pitiful few nearstarving emigrants swelled into a ood that covered their lands This in uX of settlers eventually resulted in the Utes being dispossessed of the land they had lived upon for generations8 6Fred A Conetah FredA History of the Northern Ute People Salt Lake City University of Utah Printing Service 1982 37 42 In this study the presentday Utes of the Uinta Basin are referred to as Northern Utes to differentiate them from the Southern Ute and the Ute Mountain Utes of Southern Colorado On the Northern Ute Reservation there are presently three divisions called bands the Uintah Whiterivers and Uncompahgre All three of these bands prior to removal to the reservation were actually divided into several smaller bands each designated by a separate band name 7George D Brewerton Overland with Kit Carson ed Charles H Carey Portland Oregon Metropolitan Press 1931 42 8John R Alley Jr Prelude to Dispossession Utah Historical Quarterly 50 Spring 1982 104 123 Page 2 of 36 When the Mormons rst settled the Valley of the Great Salt Lake in 1847 most Utes felt little or no concern That valley was the unofficial border between their lands and their enemy the Shoshone who lived to the north Both tribes occasionally hunted there but neither permanently occupied it The Mormons did however unknowingly bring death to the Utes that rst year Within months of their arrival measles spread through the Indian villages and several died9 By spring of 1849 at Ute Chief Wakara s request Brigham Young sent settlers south to San Pete Utah and Sevier Valleys to establish permanent settlements Young promised the Utes that the Mormons would neither drive them from their lands nor interfere with Ute lifestyles But within a few short months the Utah Valley settlers built a fort on a site where the Utes had camped for generations Mormonowned cattle grazed where the Utes had traditionally wintered their horses In the fall Mormon shermen took large numbers of spawning lake trout out of the Provo and Spanish Fork rivers These same sh were a dietary mainstay of the Timpanogots Utes that timed their return to Utah Valley each fall to coincide with the spawning runs of the trout Within the rst year of the Mormons settling in their land the Utes felt threatened The Mormons though failed to recognize that their occupation of Utah Valley and other eastern valleys of the Great Basin disrupted the fragile ecology and traditional subsistence patterns of the Ute people The two cultures did not understand each other s use of the land for providing sustenance From a settler s point of view the Utes camped for a short time in one place did not plant or farm the land rather they just hunted or shed and then moved on Little did they understand that the Utes followed the same cycles camped in the same places and hunted and shed the same valleys and streams in season year after year Their use of the land was much different than the Mormons anticipated use of it10 By 1850 the Timpanoguts Utes of Utah Valley in desperate need of food turned to raiding Mormon livestock This resulted in retaliatory raids by the cattle s owners on Timpanoguts camps and battles ensued at Battle Creek Rock Canyon and Payson Several Utes were killed The hostilities continued for several months until February 1851 when the Utah Territorial Indian Agency was formed to deal with the Indians A short peace was enjoyed but renewed con ict erupted in 1854 with the Walker War and again in 1865 with the Black Hawk War11 9Hubert Howe Bancroft History of Utah San Francisco The History Company 1890 278 Conetah 37 10Conetah 38 11 Conetah 38 42 Page 3 of 36 In the early 1850s the Utah Territorial Indian Agency dealt with the problem between Mormon settlers and the Utes by urging peace on both sides and as both Indian Agent and spiritual leader for the Mormons Brigham Young issued the policy of feed the Indians 12 Over the neXt few years Mormon settlers continued settled on the fertile tillable land of Utah that were the Utes homelands For all its vast acreage Utah has only a few valleys that are highly desirable for farming and these are surrounded by miles of sage cedar and mountains Like San Pete and Utah Valleys soon Fillmore Sevier and the southern portions of Ute claimed lands were settled and again the Native Americans were eXpected to vacate Brigham Young established several small Indian farms or reservations at Corn Creek Spanish Fork Twelve Mile Creek and elsewhere in the territory The purpose of these Indian farms were to segregate the Utes from the growing number of Mormon settlements provide the opportunity to teach the Utes farming and provide a means to feed the Utes13 The Indian farms poorly out tted and worked by unwilling volunteers failed In 1855 federal appointee Garland Hurt replaced Brigham Young as Indian agent and took over management of the Indian farms Just a few years later newly appointed Indian agent T W Hatch reported that the Indian farms were in a quotdestitute condition stripped of their stock tools and moveable fences and no one was living upon either of themquot14 Most of the Utes refused to settle on the farms preferring to live according to traditional ways and Mormon settlers encroached on the land which was set aside for these Indian farms as it fell into disuse Garland Hurt was forced by federal government penury to abandon the Indian farms The idea of separating the Utes from the Mormons and removing the Utes to some isolated region of the territory remained with Hurt and other federal territorial officials The search was undertaken to locate such an area in the territory In 1861 Brigham Young sent a small expedition to the Uinta Basin to investigate its suitability for settlement15 The earlier Bean eXpedition s report had postponed Mormon entry into the Basin for nine 12Brigham Young continued as Indian Agent until 1854 when he was replaced by Garland Hurt Conetah 13David Rich Lewis Environment Subsistence and Dependency Farming and the Northern Ute Experience 18501940 InMay39ar Problems in the History ofthe West 359 370 14TW Hatch to Commissioner James D Doty September 1862 Washington DC Annual Report of the Commissioner of Indian Affairs 1862 microfilm copy Harold B Lee Library HBLL Brigham Young University 205 15There are two accepted spellings of the word Uinta For geologic features such as the Uinta Basin or Uinta Mountains it is spelled without the For institutions created by man such as Uintah County or the Uintah Page 4 of 36 years Young wanted a second look at that region Shortly after the expedition s return to Salt Lake City the Deseret News printed their report The fertile vales extensive meadows and wide pasture ranges were not to be found and the country according to the statements of those sent thither to select a location for a settlement is entirely unsuitable for farming purposes and the amount of land at all suitable for cultivation extremely limited After becoming thoroughly satis ed that all the sections of country lying between the Wasatch Mountains and the eastern boundary of the Territory and south of Green River Country was one vast contiguity of waste and measurable valueless excepting for nomadic purposes hunting grounds for Indians and to hold the world togethersic16 This discouraging report reversed Young s plans for settling the Uinta Basin and postponed Mormon entry into the region for another several years For territorial Indian of cials the expedition had located a place considered of little value which was isolated geographically This rendered it by government standards an ideal location for an Indian reservation In 1861 President Lincoln issued an executive order establishing the Uintah Indian Reservation17 This new Indian reservation included all of the territory within the drainage of the Duchesne River mistakenly named in Lincoln s Executive Order as the quotUintahquotsic River This included all the land on the south side of the Uinta Mountains to the Tavaputs Plateau from Strawberry to the con uence of the Duchesne and Green rivers In 1864 the United States Congress voted to approve President Lincoln s action and make the Uinta Basin the permanent homeland for the Uintah Utes18 The reservation was created to separate them from the Mormon settlers in accordance with the isolationseparation policy However the Utes did not move to the Uinta Basin until 1868 when the rst agency was established19 Ute Reservation the latter spelling is generally accepted However some authors unknowingly may use either spelling There are places in the following text that the spelling is left in context even though it does not follow the correct form 16The Deseret News September 25 1861 17A Lincoln Executive Order October 5 1861 in quotExecutive Orders Relating to Indian Reservations 18551912 Washington DC GPO 1912 169 Microfilm copy held HBLL Brigham Young University Provo Utah 18Even though the 1865 Senate failed to ratify the Spanish Fork Treaty they did pass an act to disallow Ute claims to all lands not included in the Uintah Reservation See U S Statutes atLarge 38 Congress Session II Chapter 45 February 23 1865 This act states Be it enacted that the President of the United States be authorized to enter into treaties with the various tribes of Indians of Utah Territory upon such terms as may be deemed just to said Indians and beneficial to the government of the United States Provided that such treaties shall provide for the absolute surrender to the United States by said Indians of their possessory right to all the agricultural and mineral lands in said Territory except lands set apart for reservations for said Indians 19C0netah 89 90 Page 5 of 36 This reservation was originally set aside for the Uintah Utes of Utah which consisted primarily of the Utes who had lived in the Uinta Utah Sanpete and Sevier Valleys In 1879 following the Meeker Massacre the White River Utes from Colorado were sent to the Uinta Basin to share the Uintah Ute Reservation In 1880 the Uncompahgre Utes also from Colorado were sent to the Uinta Basin but they were given their own reservation it was later combined with the Uintah Reservation20 The Indians on the reservations did not know how to support themselves with little game to hunt and they had to rely upon the United States Government to take care of them The government did not provide adequate supplies on a regular basis to all the Indian reservations In addition to negligence the federal government often appointed corrupt Indian agents who took advantage of the supplies that where sent for the Indians21 The mismanagement and corrupt practices of the era affected the Utes In 1871 Agent J J Critchlow complained in his rst annual report that his predecessors had not sufficiently provided for the Utes in foodstuffs and clothing22 The Utes along with other Native Americans in the last quarter of the nineteenthcentury saw reservation life as a period of readjustment and loss of culture restriction of travel and personal freedoms and loss of social and personal esteem Placed in a situation where the Ute People became dependant on the federal government for most of their needs it is little wonder that the Ute population like other tribes declined under reservation life The govemment s reservation policy forced Indians onto reservation lands which stripped them of the ability to maintain control of their traditional lands23 The reservation policy more than justi ed in terms of real dollar value the cost of feeding and clothing rather than campaigning against warring nations of Indians All reservation Indians became quotwards of the governmentquot The government treated Indians as children unable to care for themselves the Utes were no exception to this way of thinking The conditions on reservations throughout the West were deplorable In response social reformers set about to reverse the isolation separation policy They believed that Indians needed to assimilate into the EuroAmerican culture to survive The reformers convinced Massachusetts Senator 20Conetah 77 113 21David Rich Lewis Neither WalfNarDag Oxford Oxford University Press 1994 15 16 22Commissioner of Indian Affairs Annual Report 1871 Washington DC 1872 547 23John D Barton A History afDuchesne County Salt Lake City Utah State Historical Societyl998 61 Page 6 of 36 Henry L Dawes chairman of the Senate Indian Committee that distributing land in severalty property owned by individuals not shared with any other was a solution to the Indian problem Dawes pushed the bill through Congress and on February 8 1887 President Grover Cleveland signed the General Allotment Act referred to as the Dawes Act into law24 The Dawes Act addressed the demand of reformers that Indian reservations be allotted in severalty to individual Indians and that tribal relations be broken up 25 The Dawes Act had three main objectives The government believed that the only way that the Indians could survive was to get them to assimilate into the white culture Breaking up tribal land holdings and replacing native culture with white culture was the primary goal In an effort to end tribalism the government divided the reservations up allotting individual Indians a certain amount of land Surplus reservation lands were then returned to the general domain meeting a second goal of putting large parts of the remaining Indian Lands into the hands of homesteaders During the neXt three decades thousands of acres of Indian reservation lands were opened to homesteaders resulting land rushes on the former reservations26 In addition to the allotment for the third objective the government tried to further assimilation by taking Indian children away from their families and putting them into Indian boarding schools In these boarding schools the Indian children were not allowed to speak their native language or practice their religious ceremonies Some of the Indian children learned and embraced the white culture but most resented the whites and returned to their native culture after their schooling was over27 Initially participation in the Dawes Act was voluntary on the part of the individual tribes But in 1902 in the landmark case of Hitchcock V Lone Wolf the Supreme Court ruled that an individual Indian or tribe did not have to consent to have their lands allotted28 This granted the United States government plenary power over all Indians which meant that the government could allot and sell excess land without 24General Allotment Act Dawes Act Februrary 8 1887 US Statutes at Large 2438891 25Francis Paul Prucha ed Documents of United States Indian Policy Lincoln University of Nebraska Press 1975 171 26White 110 115 Before Congress passed the Dawes Act Indians held over 155600000 acres of land on 99 Indian reservations and the Indian territory Thirteen years later Indian reservation lands had dwindled to less than 79 million acres a fifty percent reduction of land 27Kim M Gruenwald American Indians and the Public School System A Case Study of the Northern Utes Utah Historical Quarterly 64 Summer 1996 251 252 28Supreme Court of the United States Lone Wolf v Hitchcock Senate Report No 156 393911 Cong 2d sess serial 1279 pp 310 Page 7 of 36 the Indians consent The court argued that even though the Indians right of occupancy prevented white trespass it did not prevent the government from acting unilaterally in the sale of surplus lands With the Lone Wolf Decision the last obstacle in breaking up reservations was now in place Now the government could force allotment of Indian lands and give 160 acre parcels to individual Indians and then open all the remaining lands to homesteading as had been outlined in the Homestead Act of 1862 Most the Indian tribes still opposed the Dawes Act but with the Hitchcock V Lone Wolf case they had no choice in the matter So in 1902 the United States Government passed the General Allotment Act which amended the Dawes Act where the Indians land was to be allotted regardless of their consent29 Indians were each given an allotment and were promised citizenship into the United States of America30 In 1903 the UintahWhiterocks Reservation under went allotment In March of that year James McLaughlin a United States Indian Inspector was sent to the Uinta Basin to inform the Indians that their land was to be allotted and that if they would sign an Allotment Agreement than they could choose the piece of land they wanted Of the 127 Ute men in attendance at the rst meeting all refused to sign31 The Utes believed this was similar to a treaty and if they did not sign then the government could not allot their land However since the Lone Wolf Decision the government did not give them any other option After siX councils McLaughlin nally convinced some of the Utes that the US government would allot the reservation without their consent and that if they wanted to choose their allotment of land they must sign the Allotment Agreement Most of the Ute men still refused to sign Of the 280 Ute males in attendance only 82 signed the Allotment Agreement32 The move to allot the reservation lands upset the Utes so deeply that 300 left the Uintah Reservation in protest Under the leadership of Red Cap from the Whiteriver Band they ed cross country to the SiouX Reservation hoping their longtime friends would help them However upon arrival in South Dakota the SiouX were in no position of offer aid They too were destitute After two years the Utes returned to Utah in defeat33 29General Allotment Act Dawes Act Februrary 8 1887 US Statutes at Large 2438891 30Northern Utes Respond to the Breakup of Their Reservation 1903 Uintah Reservation Allotment council Proceedingsl903 National Archives Record Group 75 Bureau of Indian Affairs Uintah Reservation Special Case 147 In Major Problems in the History ofthe West 342345 31Northern Utes Respond to the Breakup ofTheirReservation 348 32Northern Utes Respond to the Breakup ofTheirReservation 348 33Floyd A O Neil An Anguished Odyssey The Flight of the Utes 19061908 Utah Historical Quarterly Fall 1966 364 315327 Page 8 of 36 After allotment the US Congress opened the Ute Reservation lands to homesteading under the provisions of the 1862 Homestead Act Starting in August 1905 thousands of wouldbe settlers ooded the roads into the Uinta Basin Within a few short years several new towns sprung up including Myton Roosevelt and Duchesne and some 3800 homesteaders were making their homes on the former reservation lands By 1913 Duchesne County was formed The creation of these towns and counties partially set the stage for con ict over jurisdiction decades later34 By the 1930s government of cials realized that the Dawes Act was not working any better than the separation policy had The Indians were still dwindling on the reservations under the Dawes Act and they resented governmental control of their lives As individual land owners the Utes were eXpected to live and raise crops on their allotment of land This put them miles away from their relatives and friends They frequently left their farms for eXtended visits and the farms declined in their absence35 In short the objective of forcing the Utes to receive land in severalty and absorb them into the mainstream American society failed The Native Americans were thwarted for the most part from becoming successful independent farmers living without government assistance due to their lack of understanding of agriculture poor land allotments insuf cient water delivery systems and their cultural aversion to farming To deal with the problems of forced assimilation the New Deal Democrats passed the Wheeler Howard Act in 1934 often called the Indian Reorganization Act37 This new bill provided for a reversal of governmental policy from forced assimilation to isolation once again Now tribes could reorganize themselves into tribal governments and write constitutions38 The Ute Tribe choose to reorganize themselves and was of cially formed in 1937 They wrote a constitution and elected a business 34Barton 116 35 Dav1d Rlch Lew1s Neither WalfNarDag 6266 36The reasons for the Utes like the majority of tribes in the West that also failed under the Dawes Act are complex and need a complete study It is not the purpose of this study to detail those problems For additional reading see Conetah 115 137 37The Howard Wheeler Act Indian Reorganization Act June 18 1934 US Statutes at Large 4898488 38WheelerHoward Act Indian Reorganization Act June 18 1934 The government set up other facilities to assimilate the Indians however their believed that the best way was to teach the children because they were less set in their ways The Dawes Act was a failure It has a lasting impact upon the Ute tribe that has continued to cause problem for over a century The juridical land issues over lost land today has directly stemmed from the General Allotment and the selling of the excess land without Ute consent Page 9 of 36 committee to run the affairs of the tribe 39 The business committee functions in many ways similar to the Indian Councils of past generations40 Membership eligibility for the Northern Ute Tribe consisted of being born in the tribe and residing on the reservation By October of 1937 it was determined that one must be 18 Indian to qualify for membership On May 27 1953 Resolution Number 600 was passed by the tribe that stipulated that enrollees must be onehalf Indian to be a member of the Ute Tribe41 Years after the reorganization of the Northern Ute Tribe a problem arose that has been a source of continuous tension between the Utes and their neighbors The problem was how to deal with the jurisdiction concerning the land that allotment had con scated For seventysix years between 1905 and 1981 the question did not surface in a signi cant case However in 1981 the Ute Tribe sued Duchesne County Duchesne City and Roosevelt City for jurisdiction of their lands42 The Utes argued that although Congress had in fact opened the lands to homesteading in 1905 Congress never intended that the tribe should lose jurisdiction of those lands The Ute Tribe argued that it should have legal jurisdiction over all of the lands that were established as their reservation in 1861 With that jurisdiction the Ute Tribe maintained that they should retain taxation rights and privilege status as a nation within a nation The tribe argued that even with the loss of lands due to homesteading it should still be the governing body of all lands that were once theirs with full precedence over any other governing body including city county and state powers With this interpretation the tribe wanted governing rights to all the land that had been theirs including private lands state lands and all federal lands43 Many Utes felt that the land had unjustly been taken from them and that they did not deserve nor did congress intend for them to loss jurisdiction as well The reservation of the Utes however had already been allotted and the remaining land was opened for homesteading The decision to open and allot the reservation may or may not have been right or fair at the time however this is the cardinal issue The main point of the jurisdiction question was centered in what Congress really intended when it forced 39Conetah 136 139 40Conteah 136 139 41The Roosevelt Standard April 8 1954 42Jurisdiction was argued in courts for the next decade yet it was never fully defined Radical speculation rumored that Ute jurisdiction rights meant total law enforcement and possible property taxation of nonUtes Even though the Ute tribe did gain jurisdiction rights for nine years they never tested the limits of that authority 43 Barton 367368 376382 Page 10 of 36 the Utes into compliance with the Dawes Act and then returned the surplus lands to the public domain For seventysix years between 1905 and 1981 the question did not surface in a signi cant case 44 When the Ute Tribe challenged the federal state and local governments right of jurisdiction on what had been reservation land previous to the Dawes Act the case was rst agrued in the 1039h District Court before Judge Bruce Jenkins He ruled that the Uncompahgre Reservation was terminated with allotment but that the Uintah Reservation was not terminated and therefore the tribe did have jurisdictional rights Duchesne County and the cities of Roosevelt Duchesne and Ballard were the losers in Jenkins ruling Jenkins ruling gave jurisdiction of all former reservation lands to the Ute tribe With some reluctance the State of Utah appealed to the Federal Appellate Court After reviewing the case the Appellate Court which consisted of a three judge panel ruled in a two to one decision that with the exception of trust lands the reservation was terminated and the lands were returned to public domain and therefore governed by the laws of the national government and the State of Utah With the Appellate Court ruling most parties thought the matter closed Then in 1983 the United States Supreme Court ruled on a similar case in Solom V Bartlett46 This opened the door for the Ute Tribe to ask for another hearing based on the Solom V Bartlett decision that said other factors can be considered in tribal land cases The court was now to consider if the land that was put back into public domain was automatically remove it from the reservation Due to the Solom Decision the court also needed to weigh if the Indians were paid for their land if they had agreed to lose of their lands at the time of allotment and if they had not what rights they now have concerning that land In other words the court now needed to decide what Congress really intended when they terminated the reservation The Ute Tribe requested another appeal this time from the entire Judicial Panel of the 10 Circuit Court of Appeals based upon the Solom V Bartlett decision The 10th Circuit Court ruled that public domain was insuf cient reason to disestablish the reservation This meant that all the land that the Ute Tribe had once owned they still had jurisdiction over until the next court decision The State of Utah asked for an appeal and was denied They then asked the US Supreme Court for a writ of certiorari 44The only exception was the Cli ard Washington V Duchesne County Case In 1965 George Stewart a Roosevelt attorney argued that the court proceedings were occurring on a reservation and the court system being a regular court not the tribal court did not have jurisdiction over his client The case was dismissed without any ruling on the argument This is the first recorded case where jurisdiction was argued as an issue of right for a court to try a Ute 45Ute Indian Tribe v Utah 521 FSupp 1072 10m Cir 1981 46Salem V Bartlett 465 US 463 1984 Rosebud Sioux Tribe v Kneip 430 US 584 1977 Page 11 of 36 which is a petition for the Supreme Court to make a ruling where lower courts have contradicted one another That too was denied The neXt several months were tense for both the Indian and nonIndian communities on the land in question The tribe had won a major legal victory but knew that they still had to live with the non Indian population in the area Anything rash or hasty could trigger more bad feelings and negative reactions As is often the case with major court cases a pair of nonrelated incidents occurred that eventually landed the whole affair in the US Supreme Court In 1983 Clinton Perank a partblood Ute was arrested in Myton for breaking into the American Legion building Perank whose mother was nonIndian and father Ute was not a member of the Ute Tribe at the time of his arrest He pled guilty in the Circuit Court and placed on probation In 1986 he was again arrested this time for violation of probation Between his two arrests he had become a member of the Ute Tribe In his hearing Perank s attorney argued that the circuit court decision that had rst found him guilty of breaking into the American Legion building was wrong due to the fact that did not have the right to try him because he was not tried in Indian Court Therefore Perank s attorney argued the circuit court had no jurisdiction over him based upon the 1983 10th Circuit Court of Appeals Jurisdiction ruling The 10th Circuit Court s decided that Perank was in violation of his parole and that the original ruling was correct because his enrollment status was in question at the time of the original ruling and Myton was not on the reservation Myton was outside of reservation land but previous to the allotment and opening of the land in 1905 it had been within the boundaries of the Ute Reservation So it was part of the land which the Ute Tribe was contesting for jurisdiction Perank was sent to the state prison for parole violation Perank appealed in October 1988 and the Utah State Supreme Court upheld this decision47 47State v Perank 858 P2d 927 Utah 1992 Page 12 of 36 About this time 1988 the second key case came up Robert Hagen a member of the Little Shell Band of Chippewa was caught in a drug bust and arrested on possession of marijuana with the intent to distribute Hagan argued that the sheriffs department of Duchesne County did not have the right to arrest him because he was an Indian on reservation lands and therefore they had no jurisdiction over him Hagen was turned over to a US Attorney and was arraigned in a Bureau of Indian Affairs court Judge George Tabone ruled that Duchesne County had no jurisdiction over Hagen because he was a member of a recognized Indian tribe and on reservation lands at the time of his arrest However Duchesne County processed the charges against Hagan and a trial was held Hagen pled guilty to one count of possession of marijuana In the sentencing he still claimed that Duchesne County did not have jurisdiction over him48 Hagen appealed and the Utah Court of Appeals reversed the decision making Duchesne County prove that Hagen was not an Indian The State of Utah appealed the case for Duchesne County to the Utah Supreme Court The Utah Supreme Court agreed to hear the case which focused on two important factors was Hagan an Indian and a clear determination had to be made regarding the meaning of tribal lands With all the questions of the Hagen Case Perank s attorneys appealed his case on the jurisdiction questions once again49 On the same day that the Perank Case was decided the Utah Supreme Court ruled that the reservation had been diminished and therefore Hagen s status as a Native American was immaterial This resulted in the 1039h District Circut Court and the Utah Supreme Court having made contradictory rulings With this contradiction the Supreme Court of the United States agreed to hear the Hagen Case and rule on the issue of jurisdiction The US Supreme Court agreed to use the records of the Perank Case in deciding the Hagan Case The decision of the Supreme Court for Hagen would also determine the jurisdictional arguments in the Perank Case50 On November 2 1993 Jan Graham Attorney General for the State of Utah and Martin Seneca and Daniel Israel representing Hagen and the Ute Tribe presented their case to the US Supreme Court The issue before the court was what was Congress intent when it returned the nonallotted reservation lands to public domain in 1905 Did Congress intend the land to be returned to public domain and leave jurisdiction to the tribe or had jurisdiction over the land also diminished To determine this after the 48Herb Gillespie interview by John D Barton March 12 1992 Roosevelt Ut with follow up interviews in 1994 1998 Gillespie has served as Duchesne County Attorney throughout the entire Jurisdictional dispute 49Gillespie 50Gillespie court heard the arguments from both sides they needed to determine if the reservation was diminished by Congress in 1905 based upon three things rst the statutory language used to open the Indian lands to homesteading second the contemporaneous understanding of the action and third the identity of the persons who moved onto the reservation lands once they were returned to the public domain51 The Supreme Court on February 23 1994 handed down its decision that the reservation was in fact diminished and that this was the intent of Congress in 1905 In the decision the court quoted the Act of May 27 1902 which provided for allotments of some Uintah Reservation land to Indians and that quotall of the unallotted lands within said reservation shall be restored to the public domain quot This decision was based upon three speci c arguments that bore consideration The rst was Congress intent to eliminate the Ute Reservation through allotment of tribal lands Second since the homesteaders who moved onto the former reservation lands in 1905 were nonIndian and the population that presently 1994 occupies lands from the terminated reservation are quotapproximately 85 percent nonIndian and 93 percent nonIndian in the area s largest city Roosevelt by the fact that the seat of local tribal government is on Indian trust lands not opened landsquot Third the decision was based on by the State of Utah s assumption of jurisdiction over the opened lands from 1905 until the 10th Circuit decision over the jurisdiction issue52 Throughout the past years of litigation over jurisdiction of the former Ute Reservation has been on the cutting edge of national Indian Policy Tribes and politicians throughout the nation have watched the rollercoaster ride of jurisdiction being granted by one court and taken away or ammended by the neXt Residents of Duchesne and western Uintah County from both the Ute and White communities along with law enforcement agencies and local and state governments have all felt a vested interest in the eventual outcome since the rst ruling in 1983 At times emotions ran high on the several sides yet all acted with moderation and good judgement When the Supreme Court nally handed down the decision that the reservation had been terminated and therefore the Utes did not have jurisdictional rights over nonIndians the nonUte community breathed a collective sigh of relief The jurisdiction issue complete with its several legal cases makes for an interesting study on how modern policies are formed The most signi cant impact is that with the 1994 Supreme Court ruling of Hagen V Utah national IndianReservation policy has been set 7 until the neXt law case arises This case study clearly 51Hagen v Utah 510 US 399 1994 52Supreme Court of the United States Syllabus Hagen v Utah Certiorari to the Supreme Court of Utah No 926281 Iiii Justice O39Conner delivered the opinion of the Court in which Justices Rehnquist Stevens Scalia Kennedy Thomas and Ginsburg agreed Blackmun and Souter were dissenting demonstrates that governmental policies have direct impact decades after they are adopted The isolationseparation policy and the con icting General Allotment Policy now generations since repealed set into motion events that have taken many cases and years of litigation to settle53 53Ute Indian Tribe of the Uintah and Ouray Reservation v State of Utah Duchesne County Roosevelt City Uintah County Appeal from the United States District Court for the District of Utah United States Court of Appeals Tenth Circuit May 8 1997 ruling clarifies and adds exemption to the 1994 Hagen v Utah ruling stating We therefore conclude that Hagen did not erase the boundaries of the Uintah Valley Reservation and that the current limits of the reservation thus embrace the categories of nontrust lands at issue Those lands are specifically lands that passed from trust to fee status pursuant to nonIndian settlement under the 19021905 allotment legislation lands apportioned to the 1Iixed Blood Utes under the Ute Partition Act of 1954 lands allotted to individual Indians that have passed into fee status after 1905 and lands that were held in trust after the Reservation was opened in 1905but that since have been exchanged into fee status by the Tribe for now trust lands in an effort to consolidate its land holdings pursuant to the Indian Reorganization Act of 1934 On a more positive note as a result of the jurisdictional issues tribal leaders and elected officials from Duchesne and Uintah Counties have much better dialogue and a mutual desire to arbitrate issues and concerns before they get to the courtroom than they have in the past For the rst time ever the Ute Tribal Business Council invited anyone interested to attend and give input in one of their meetings on March 22 1994 The leaders of both communities hope that a new era of mutual trust and understanding will evolve Dialogue has led to the passage of legislation by the Utah State Legislature Senate Bills SB0062 0181 0213 from the 2000 legislative session all authored by State Senator Beverly Ann Evans address some of the tribal concerns Included is a provision to return the state s severance tax to the county where it is taken The net gain for the tribe would be about 2 million and nearly half million for Duchesne County The partnership between the State of Utah Duchesne County Uintah County and the Ute Tribe in this manner would be a first since the jurisdiction issue came up in 1981 SB 0213 is a Motor and Fuel Tax Exemption on the Uintah and Ouray Reservation and SB0062 is an agreement between the Ute Tribe and the State of Utah providing authorization between the tribe and state in enter agreements over hunting and trapping on Indian lands And Utah State Senate Bill 0181 is an agreement nalized between the State of Utah Uintah and Duchesne Counties and the Ute Tribe Key points of agreement include Unrolled tribal members living within the original or extended boundries of the intah and Ouray Reservation and who earn a living from work on the reservation do not have to pay state income taxes Thr tribeoperated gasoline station and tribal members who puchase fuel within the boundries of the present reservation are exempt from the state of Utah s fuel tax There will be no sales tax charged for goods and service recieved within the current resercation boundaries for Tribal members These bills bring to finality the twenty ve year lawsuit that has resulted in millions of dollars of litigation and a new working relationships between the various communities


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