1. Nationals from 86 different countries are reported to have been killed; U.S. Attorney General John Ashcroft, press briefing carried on CNBC, Nov. 29, 2001. The total number of dead is a bit mysterious, however. The official estimate of overall fatalities was initially 4, 500, a number shortly ratcheted up to 5,000. By Dec. 11, the tally of those killed in the WTC attacks, as reported on Fox News, had declined 3,040. Adding the 300-odd dead consistently attributed to the Pentagon attack produces a total of under 3,400. The same evening as the Fox News report, however, Senator Orin Hatch, appearing on CNN's Larry King Live, stated that “7,000 innocent Americans” had been killed. Since adding foreign nationals to Hatch's count would produce a CNN total more than double that simultaneously announced on Fox, it is easy to see why people elsewhere in the world tend to consider U.S. sources a bit less than credible.
2. Time, special issue, Sept. 14, 2001.
3. Yonah Alexander and Michael S. Swetman, Usama bin Laden's al-Qaida: Profile of a Terrorist Network (Ardsley, NY: Transnational, 2001). For context, see John Prados, Presidents’ Secret Wars: CIA and Pentagon Covert Operations Since World War II (New York: William Morrow, 1986).
4. Bin-Laden's reasoning was so compelling, in fact, that officials immediately demanded— under the ludicrous pretext that he might use the tapes as a means of “sending coded instructions to his followers”—that no more of them be broadcast in the U.S. America's “free press,” of course, meekly complied.
5. According to 1995 U.N. estimates, 567,000 children under 12 years of age had already died as a result of U.S. sanctions against Iraq; cited in Noam Chomsky, “Rogue State,” in Noam Chomsky and Edward Said, Acts of Aggression: Policing “Rogue” States (New York: Steven Stories Press, 1999) p. 42. Also see Ramsey Clark, The Impact of Sanctions on Iraq: The Children are Dying (Washington, D.C.: Maisonneuve Press, 1996).
6. For a sampling of Halliday's actions and statements, see Ramsey Clark and Others, Challenge to Genocide: Let Iraq Live (Washington, D.C.: International Action Center, 1998); see esp. pp. 79, 127, 191.
7. The interview first aired on May 12, 1996.
8. This is a condition clinically described as an “empathic wall”; Donald L.Nathanson, “Denial, Projection and the Empathic Wall,” in E.L.Edelstein, Donald L.Nathanson and Andrew Stone, eds., Denial: A Clarification of Concepts and Research (New York: Plenum, 1989) esp. 43–44.
9. Noam Chomsky, interviewed by David Barsamian, “The United States is a Leading Terrorist State,” Monthly Review, Vol. 53, No. 6, 2001, pp. 14–15.
10. For a fairly comprehensive itemization of the many international conventions, declarations, and covenants the U.S. has refused to accept over the past three decades, see William Blum, Rogue State: A Guide to the World's Only Superpower (Monroe, ME: Common Courage Press, 2000) pp. 187–97.
11. “U.S. Terminates Acceptance of ICJ Compulsory Jurisdiction,” Department of State Bulletin, No. 86, Jan. 1986.
12. The U.S. refused to join 120 other states voting to affirm the ICC Charter in 1998, and continues to insist it will never do so until the Charter is revised to grant Americans “100 percent protection” against—that is, blanket immunity from—indictment and prosecution; Blum, Rogue State, p. 7; Geoffrey Robertson, Crimes Against Humanity: The Struggle for Global Justice (New York: Free Press, 2000) pp. 327–28.
13. Blum, Rogue State; Chomsky and Said, Acts of Aggression; Noam Chomsky, Rogue States: The Rule of Force in World Affairs (Cambridge, MA: South End Press, 2000).
14. Suffice it here to observe that the “unilateralist” policy pursued by the U.S. in international af fairs draws much of its inspiration from the theory of a “prerogative state”—a “governmental system which exercises unlimited arbitrariness and violence unchecked by any legal guarantees” other than those it elects on the basis of expedience or transient self-interest to observe—described by legal philosopher Ernst Fraenkel, in his The Dual State: A Contribution to the Theory of Dictatorship (New York: Oxford University Press, 1941) p. xiii.
15. Chomsky (note 9) posits as a “precedent” for “how to go about [obtaining] justice” the 1985 Nicaragua v. U.S. case. This involves a people “subjected to violent assault by the U.S. [and therefore] went to the World Court, which issued a judgment in their favor condemning the U.S. for what it called ‘unlawful use of force,’ which means international terrorism, ordering the U.S. to desist and pay substantial reparations.” As Chomsky goes on to observe, however, “the U.S. dismissed the court judgment with contempt, responding with an immediate escalation of the attack [in which] tens of thousands of people died. The country was substantially destroyed, it may never recover.” For background, see Holly Sklar, Washington's War on Nicaragua (Boston: South End Press, 1988).
16. Articles 41 and 42 of the United Nations Charter spell out these “measures not involving the use of armed force.” Article 51 specifically states that unilateral resort to warfare is illegal other than in cases requiring “self-defense against armed attack,” until 9–1–1 a circumstance not directly suffered by Americans since its own Civil War (Pearl Harbor is dubious, occurring as it did in a colony illegally occupied by the U.S. from 1898 onward; Rich Budnick, Stolen Kingdom: An American Conspiracy (Honolulu: Aloha Press, 1992)). Where armed attack is at issue, unilateral military prerogatives are lawful only until the Security Council can mount what it, collectively, considers an intervention appropriate to “maintain [ing] international peace and security.” In all other instances, U.N. member states are required “to refrain in their international relations from the threat or use of force.”
17. “The record of the superpower veto, as exercised inconsistently and cynically [by the U.S.] in crisis after crisis, deprives the Security Council of that moral authority which is necessary for ‘law’ of any kind, national or international”; Robertson, Crimes Against Humanity, pp. 443– 44. “Rendering the U.N. ‘utterly ineffective’ has [become] routine procedure… One index is Security Council vetoes, covering a wide range of issues: from the 1960s, the U.S. has been far in the lead, Britain second, France a distant third. General Assembly votes are similar. The more general principle is that if an international organization does not serve the interests that govern U.S. policy, there is little reason to allow it to survive”; Noam Chomsky, “Rogues Gallery: Who Qualifies?” in his Rogue States, p. 3.
18. Quincy Wright, “The Law of the Nuremberg Trials,” American Journal of International Law, No. 41, Jan. 1947. For adaptations of the principle to the U.S. context, see Malcolm X, By Any Means Necessary (New York: Pathfinder Press, 1992); Peter Stansill and David Zain Mairowitz, eds., BAMN [by any means necessary]: Outlaw Manifestos and Ephemera, 1965–1970 (New York: Autonomedia, 1999).
19. “We are not prepared to lay down a [legal principle] against others which we are not willing to have invoked against us”; U.S. Supreme Court Justice Robert H.Jackson, opening statement before the Nuremberg Tribunal, Nov. 21, 1945,” quoted in Bertrand Russell, War Crimes in Vietnam (New York: Monthly Review Press, 1967) p. 125.
20. Those deluded enough to believe the sorts of measures set forth in the recent “Patriot Act” (Office of Homeland Security Act of 2001 (H.R. 3026, Oct. 4, 2001)) will stop seriously committed persons from accomplishing their retaliatory missions should ask the Israelis how well such policies have worked for them over the past 30 years.
21. Noam Chomsky, Znet Commentaries, Sept. 17, 2001.
22. Georgia State University law professor Natsu Saito, interview on NPR's Powerpoint, broadcast on Atlanta radio station WCLK, Nov. 4, 2001.
23. I am by no means alone in this; see, e.g., Christopher Hitchens, The Trial of Henry Kissinger (London: Verso, 2001).
24. Karl Jaspers, The Question of German Guilt (New York: Fordham University Press, 2001).
25. Daniel Jonah Goldhagen, “Modell Bundesrepublik: National History, Democracy, and Internationalization in Germany,” in Robert R.Shandley, Unwilling Germans? The Goldhagen Debate (Minneapolis: University of Minnesota Press, 2000) pp. 275–76.
26. For explication of the phrase used, see Wilhelm Reich, The Mass Psychology of Fascism (New York: Farrar, Straus & Giroux, 1970).
27. Robertson, Crimes Against Humanity, p. 249. Also see Diane F.Orentlicher, “Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime,” Yale Law Journal, No. 258, 1991.
28. Beginning in 1949, “Germany has enacted a number of laws providing compensation for people who suffered persecution at the hands of the Nazis. Over the course of its forty year-plus compensation program, these laws have resulted in billions of dollars being paid to hundreds of thousands of individuals”; United States Department of Justice, Foreign Claims Settlement Commission, “German Compensation for National Socialist Crimes: March 8, 1996,” in Roy L.Brooks, ed., When Sorry Isn’t Enough: The Controversy over Apologies for Human Injustice (New York: New York University Press, 1999) pp. 61–67. On problems, see Hubert Kim, “German Reparations: Industrialized Insufficiency,” in Brooks, Sorry Isn’t Enough, pp. 77–80.
29. Aside from the German trials mentioned in conjunction with note 27, the sole example of a domestic court evoking international law in the prosecution of its own officials occurred with Romania's 1991 trial of former dictator Nicolae Ceausescu and his wife, Elena, on the charge of genocide (several members of the Ceausescu regime were also convicted of complicity in the crime). Unfortunately, the procedures used in adjudicating these cases left much to be desired; Robertson, Crimes Against Humanity, p. 277.
30. See Jonathan B.Tucker, ed., Toxic Terror: Assessing Terrorist Use of Chemical and Biological Weapons (Cambridge, MA: MIT Press, 2000).
31. The best overview is provided in Noam Chomsky's The Fateful Triangle: The United States, Israel and the Palestinians (Cambridge, MA: South End Press, [classics ed.] 1999).
32. Noam Chomsky, “East Timor Retrospective,” in his Rogue States, pp. 51–61.
33. Stephen Schlesinger and Stephen Kinzer, Bitter Fruit: The Untold Story of the American Coup in Guatemala (Garden City, NY: Doubleday, 1982); Ricardo Falla, Massacres in the Jungle: Ixcán, Guatemala, 1975–1982 (Boulder, CO: Westview Press, 1994).
34. This concerns the extermination of up to a million “communists” in the wake of Suharto's U.S.-supported 1965 coup; Noam Chomsky and Edward S.Herman, The Political Economy of Human Rights, Vol, 1: The Washington Connection and Third World Fascism (Boston: South End Press, 1979) pp. 205–9.
35. Ibid. Also see A.J.Languuth, Hidden Terrors: The Truth About U.S. Police Operations in Latin America (New York: Pantheon, 1978); Martha K.Huggins, Political Policing: The United States and Latin America (Durham, NC: Duke University Press, 1998).
36. About 3 million dead; H.Bruce Franklin, Vietnam and Other American Fantasies (Amherst: University of Massachusetts Press, 2000) p. 111.
37. I.F.Stone, The Hidden History of the Korean War, 1950–51 (Boston: Little, Brown, [2nd ed.] 1988); Charles J.Hanley, Sang-Hun Choe and Martha Mendoza, The Bridge at No Gun Ri: A Hidden Nightmare from the Korean War (New York: Henry Holt, 2001).
38. Against Germany, with the exception of its participation in the notorious 1945 incendiary attack on Dresden, the U.S. restricted itself to daylight “precision” bombing raids using high explosives, its stated objective being to avoid unnecessary civilian deaths. Against Japan— about which U.S. officials openly announced their desire to precipitate “extermination of the Japanese people in toto”—the preferred method was nocturnal saturation bombing by masses of aircraft dropping incendiaries to create “firestorms” in which vast numbers of noncombatants were deliberately cremated. During the great Tokyo fire raid of March 9– 10, 1945, to give but one example, more than 267,000 buildings were destroyed, a million people rendered homeless, and upwards of 100,000 burned alive. Under such conditions, more “innocent civilians”—to use the currently popular American catch-phrase—were killed in only six months than among all branches of the Japanese military during the entirety of World War II; H.Bruce Franklin, Star Wars: The Superweapon and the American Imagination (New York: Oxford University Press, 1988) pp. 107–11. The public statement by U.S. War Manpower Commissioner Paul V.McNutt is quoted by John W.Dower, War Without Mercy: Race and Power in the Pacific (New York: Pantheon, 1986) p. 55.
39. Stuart Creighton Miller, “Benevolent Assimilation”: The American Conquest of the Philippines, 1899–1903 (New Haven, CT: Yale University Press, 1982).
40. David Eltis and David Richardson, eds., Routes to Slavery: Direction, Ethnicity and Mortality in the Transatlantic Slave Trade (London: Frank Cass, 1997).
41. Matthew J.Mancini, One Dies, Get Another: Convict Leasing in the American South, 1866–1928 (Columbia: University of South Carolina Press, 1996); David M.Oshinsky, “Worse Than Slavery”: Parchman Farm and the Ordeal of Jim Crow Justice (New York: Free Press, 1996); Alex Lichtenstein, Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South (London: Verso, 1996).
42. Stewart Emory Tolnay, A Festival of Violence: An Analysis of the Lynching of African Americans in the American South, 1882–1930 (Urbana: University of Illinois Press, 1995); Ralph Ginzberg, 100 Years ofLynchings (Baltimore: Black Classics Press, 1997).
43. Ronald Takaki, Strangers from a Different Shore: A History of Asian Americans (Boston: Little, Brown, 1989), pp. 80–87, 130, 240; Suchen Chan, Asian Americans: An Interpretive History (New York: Twayne, 1991) pp. 28–32.
44. Rodolfo Acuña, Occupied America: A History of the Chicanos (New York: Longman, 2000) esp. pp. 350–55, 400–10.
45. “Our wealth has always generated our poverty by nourishing the prosperity of others—the empires and their native overseers”; Eduardo Galeano, Open Veins of Latin America: Five Centuries of the Pillage of a Continent (New York: Monthly Review Press, 1973) p. 12. More broadly, see Paul Harrison, Inside the Third World: The Anatomy of Poverty (New York: Penguin, 1993); Peter L.Hahn and Mary Ann Heiss, eds., Empire and Revolution: The United States and the Third World since 1945 (Columbus: Ohio State University Press, 2001).
46. For insights, see Michel-Rolph Trouillot, Silencing the Past: Power and the Production of History (Boston: Beacon Press, 1995). Also see Léon Wurmser, “Cultural Paradigms of Denial,” and Rafael Moses, “Denial in Political Process,” in Edelstein, Nathanson and Stone, Denial, pp. 277–86, 287–97.
47. Since 9–1–1, the two words have become so fused in the public discourse that the pairing is routinely employed to describe even fatalities among U.S. combat personnel. Although extreme, the situation is hardly new; see the chapter entitled “The Triumph of American Innocence” in Creighton-Miller, “Benevolent Assimilation”, pp. 253–67. Suffice it here to observe that relatively few of those killed on 9–1–1 itself could by any reasonable definition be thus described; for explication, see Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil (New York: Viking, 1963); Bernard J.Bergen, The Banality of Evil (Lanham, MD: Rowman & Littlefield, 1998). Given the terms of engagement the U.S. has imposed upon the world, moreover, there is very little basis for American complaint even with respect to those who could be considered innocent.
48. See, e.g., Frederick Merk Manifest Destiny and Mission in American History: A Reinterpretation (New York: Alfred A.Knopf, 1963); Frank Parella, Lebensraum and Manifest Destiny: A Comparative Study in the Justification of Expansionism (Washington, D.C.: M.A. Thesis, Dept. of International Affairs, Georgetown University, 1950).
49. On U.S. presumptions of “world leadership,” see Phyllis Bennis, Calling the Shots: How Washington Dominates Today's U.N. (New York: Olive Branch Press, 2000).
50. The phrase is taken from the title of James McGregor Burns’ The American Experiment, 3 vols. (New York: Alfred A.Knopf, 1983–86).
51. With only minor modification, this is the question posed by Sartre in his Search for a Method (New York: Alfred A.Knopf, 1963). He was of course following upon Marx's famous observation that the point of philosophy is not simply to interpret the world but to change it; Karl Marx, The German Ideology (New York: New World, 1963) p. 197.
52. Howard Zinn, A People's History of the United States (New York: HarperPerennial, 1980); Samuel Eliot Morison, The Oxford History of the American People (New York: Oxford University Press, 1965).
53. This is the classical marxist approach to historiography; see Perry Anderson, In the Tracks of Historical Materialism (Chicago: University of Chicago Press, 1984).
54. A neomarxian approach, the principles are set forth in Max Weber's Economy and Society: An Outline of Interpretive Sociology (New York: Bedminister, 1968). The term achieved its greatest prominence in the “intentionalist/functionalist debate” during the so-called Historikerstreit (historians’ conflict) during the 1980s in Germany; Charles S.Maier, The Unmasterable Past: History, Holocaust, and German National Identity (Cambridge, MA: Harvard University Press, 1988) esp. p. 95.
55. Another marxist adaptation, the leading proponent of structuralist historiography was Louis Althusser, who proclaimed Marx to have discovered the “continent” of history; Louis Althusser, “Lenin and Philosophy,” in his Lenin and Philosophy (New York: Monthly Review Press, 1971) esp. pp. 23–70. For further background, see Richard De George and Fernand De George, The Structuralists: From Marx to Lévi-Strauss (New York: Anchor Books, 1972).
56. See, e.g., Fredric Jameson's “aggressive reassertion of hermeneutics as an allegorical act of textual rewriting which reorganizes texts and their social histories within the unity of a narrative form that recuperates the ‘truth’ of the historical past,” in his Political Unconscious: Narrative as Socially Symbolic Act (Ithaca, NY: Cornell University Press, 1981) pp. 19–49. Also see Paul Ricouer, The Reality of the Historical Past (Milwaukee: Marquette University Press, 1984).
57. Christopher Norris, Deconstruction: Theory and Practice (London: Methuen, 1982); DerekAt-tridge, Geoff Bennington and Robert Young, eds., Post-Structuralism: The Question of History (Cambridge, U.K.: Cambridge University Press, 1987).
58. Gayatri Chakravorty Spivak and Ranagit Guha, eds., Selected Subaltern Studies (New York: Oxford University Press, 1988). More broadly, see Bart Moore-Gilbert, Postcolonial Theory: Contexts, Practices, Politics (London: Verso, 1997).
59. For an excellent survey of the thinking of leading practitioners in most of the areas mentioned, see Henry Ablove, Betsy Blackmar, Peter Dimock and Jonathan Schneer, eds., Visions of History: Interviews with E.P.Thompson, Eric Hobsbaum, Sheila Robothom, Linda Gordon, Natalie Zemon Davis, William Appleman Williams, Staughton Lynd, David Montgomery, Herbert Gutman, Vincent Harding, John Womack, C.L.R.James and Moshe Lewin (New York: Pantheon, 1983).
60. See the chapter entitled “Histories” in Terry Eagleton's The Illusions of Postmodernism (Oxford, U.K.: Blackwell, 1996) pp. 45–68. Also see Arif Dirlik, The Postcolonial Aura: Third World Criticism in the Age of Global Capitalism (Boulder, CO: Westview Press, 1997) esp. pp. 165– 71.
61. For background, see Hayden V.White, Metahistory: The Historical Imagination in Nineteenth Century Europe (Baltimore: Johns Hopkins University Press, 1973). For critique, see the chapter entitled “W(h)ither History” in Julian Pefanis’ Heterology and the Postmodern: Bataille, Baudrillard, and Lyotard (Durham, NC: Duke University Press, 1991) pp. 9–20.
62. Michel Foucault, The Archaeology of Knowledge (New York: Pantheon, 1971). For explication of Foucault's reliance upon Nietzsche's notion of “genealogy,” see Mark Poster, Foucault, Marxism, History: Mode of Production versus Mode of Information (Cambridge, U.K.: Polity Press, 1984) pp. 8–9, 64–65, 159.
63. Friedrich Nietzsche, The Use and Abuse of History (New York: Bobbs-Merrill, 1957); The Genealogy of Morals (New York: Vintage, 1967).
65. Ibid., p. 159.
64. Poster, Foucault, Marxism and History, p. 96.
66. The method here is “to confront the existent, in its historical context, with the claim of its historical principles, in order to realize the relationship between the two and transcend them”; Max Horkheimer, The Eclipse of Reason, quoted in Paul Z.Simmons, “Afterword: Commentary on Form and Content in Elements of Refusal,” in John Zerzan, Elements of Refusal (New York: C.A.L. Press/Paleo Editions, [2nd ed.] 1999) p. 266.
67. Poster, Foucault, Marxism and History, p. 159. Although his method is quite different from Gramsci's, Foucault's goals are categorically counterhegemonic in a Gramscian sense; see Walter L. Adamson, Hegemony and Revolution: A Study of Antonio Gramsci's Political and Cultural Theory (Berkeley: University of California Press, 1980) pp. 170–79.
68. See generally, Francis Jennings, The Invasion of America: Indians, Colonialism and the Cant of Conquest (New York: W.W.Norton, 1975); Ian K.Steele, Warpaths: Invasions of North America (New York: Oxford University Press, 1994).
69. The matter is put very well by Vine Deloria, Jr., in his “Foreword: American Fantasy,” in Gretchen M.Bataille and Charles L.P.Silet, eds., The Pretend Indians: Images of Native Americans in the Movies (Ames: Iowa State University Press, 1980) pp. ix–xvi.
70. This theme is developed by Tzvetan Todorov in his The Conquest of America: The Question of the Other (New York: Harper & Row, 1984).
71. To do otherwise is either to pretend that Others do not exist—not, for the most part, a viable option—or to interpret them as inferior/exotic versions of one's self. Not only does the latter serve as a pretext for discounting their humanity, and thus as a justification of their ill-treatment, it necessarily precipitates distortions in the interpreters self-concept. “Just as a people that oppresses another cannot be free, so a culture that is mistaken about another must also be mistaken about itself”; Jean Baudrillard, The Mirror of Production (St. Louis: Telos Press, 1975), p. 107. Also see Deborah Gewertz and Frederick Errington, “We Think, Therefore They Are? On Occidentalizing the World,” in Amy Kaplan and Donald Pease, eds., Cultures of United States Imperialism (Durham, NC: Duke University Press, 1993) pp. 635–55.
72. For a partial view of what is intended here, see Robert Jay Lifton and Eric Markusen, The Genocidal Mentality: Nazi Holocaust and Nuclear Threat (New York: Basic Books, 1990).
73. Jaspers, Question of German Guilt, pp. 28, 64.
74. “Let's Spread the Fun Around” was originally prepared for the Rocky Mountain News, in Denver, but rejected by editor of the editorial page Vincent Carroll on the grounds that it did not meet that paper's lofty standards. It has since become the most reprinted piece on its topic ever written and was selected as one of the best short nonfiction expositions produced in the U.S. during the 1990s; see Ward Churchill, “The Indian Chant and the Tomahawk Chop,” in Rise B.Axelrod and Charles R.Cooper, eds., The St. Martin's Guide to Writing (New York: St. Martin's Press, 1997).
75. Having said this, it should be noted that I absolutely reject Homi K.Bhabha's “exorbitation of discourse” at the expense of other modes of liberatory struggle; Moore-Gilbert, Postcolonial Theory, p. 138. At issue is Bhabha's (mis)reading of Frantz Fanon, most notably in his “Interrogating identity: Frantz Fanon and the postcolonial prerogative,” in his The Location of Culture (New York: Routledge, 1994) pp. 40–65; “Remembering Fanon: Self, Psyche, and the Colonial Condition,” Nigel Gibson, Rethinking Fanon: The Continuing Dialogue (New York: Humanity Books, 1999) pp. 179–98.
76. Chief Justice of the Supreme Court John Marshall, following John Adams, enshrined this bit of nonsense in U.S. jurisprudence in his 1803 Marbury opinion (1 Cranch. (5 U.S.) 137). For analysis, see the chapter entitled “It's the Law” in Rodolfo Acuña's Sometimes There Is No Other Side: Chicanos and the Myth of Equality (Notre Dame, IN: Notre Dame University Press, 1998) pp. 33–56.
77. See, e.g., Bruce Wright, Black Robes, White Justice: Why Our Legal System Doesn’t Work for Blacks (New York: Lyle Stuart, 1990).
78. At the level of high theory, see James L.Marsh, Unjust Legality: A Critique of Habermas's Law (Lanham, MD: Rowman & Littlefield, 2001).
79. For a wealth of information in these connections, see Robert Justin Goldstein, Political Repression in Modern America, 1870 to the Present (Cambridge/New York: Schenkman/Two Continents, 1978).
80. Streicher was charged only as an “anti-Semitic agitator,” and that the “core of the case against [him] came down to a question of whether he had advocated and encouraged extermination of the Jews while knowing, or having reason to believe, that such extermination was the settled policy of the Nazi government”; Bradley F.Smith, Reaching Judgment at Nuremberg (New York: Basic Books, 1977) pp. 200–1.
81. For analysis, see Richard Delgado and Jean Stefancic, Must We Defend Nazis? Hate Speech, Pornography, and the New First Amendment (New York: New York University Press, 1997).
1. The texts of 371 ratified treaties are compiled by Charles J.Kappler in his Indian Treaties, 1778–1885 (New York: Interland, 1973). Another 30 ratified treaty texts, as well as the texts of 400 additional treaties, all of them unratified but many purportedly forming the basis for U.S. assertions of title to particular chunks of territory, will be found in Vine Deloria, Jr., and Raymond J.DeMallie, eds., Documents of American Indian Diplomacy: Treaties, Agreements and Conventions, 1775–1979, 2 vols. (Norman: University of Oklahoma Press, 1999). On the pattern of U.S. treaty violations, see Vine Deloria, Jr., Behind the Trail of Broken Treaties: An Indian Declaration of Independence (Austin: University of Texas Press, [2nd. ed.] 1984).
2. The customary law from which this principle is adduced is codified in the Vienna Convention on the Law ofTreaties (U.N. Doc. A/CONF.39/27 at 289 (1969), 1155 U.N.T.S. 331, reprinted in 8 I.L.M. 679 (1969)); the full text is included in Burns H.Weston, Richard A.Falk and Anthony D’Amato, eds., Basic Documents in International Law and World Order (St. Paul, MN: West, 1990) pp. 93–107. For analysis, see Sir Ian Sinclair, The Vienna Convention on the Law of Treaties (Manchester, U.K.: Manchester University Press, 1984) pp. 1–21. For further amplification of the fact that the customary principles set forth in the Vienna Convention were very much in effect at the time U.S. Indian treaties were negotiated, see Samuel Benjamin Crandell, Treaties: Their Making and Enforcement (New York: Columbia University Press, [2nd. ed.] 1916).
3. For background on Garment, see Paul Chaat Smith and Robert Allen Warrior, Like a Hurricane: The American Indian Movement from Alcatraz to Wounded Knee (New York: Free Press, 1996) pp. 164–65, 174.
4. For a succinct overview of the series of opinions involved, see Jill Norgren, The Cherokee Cases: The Confrontation of Law and Politics (New York: McGraw-Hill, 1996).
5. Marbury v. Madison (1 Cranch 137 (1803)). For analysis, see Jean Edward Smith, John Marshall: Defender of a Nation (New York: Henry Holt, 1996) pp. 309–26, quote at p. 325.
6. A prime example of this thesis will be found in Wilcomb E.Washburn's Red Man's Land, White Man's Law: The Past and Present Status of the American Indian (Norman: University of Oklahoma Press, [2nd ed.] 1995).
7. For use of the phrase employed here, see William Blum, Rogue State: A Guide to the World's Only Superpower (Monroe, ME: Common Courage Press, 2000).
8. One prefiguration came in 1066, when Pope Alexander II recognized the conquest of Saxon England, vesting underlying fee title to English land in the Norman King William; Carl Erdmann, The Origin of the Idea of the Crusade (Princeton, NJ: Princeton University Press, 1977) pp. 150–60. On the Innocentian Bulls, see Robert A.Williams, Jr., The American Indian in Western Legal Thought: The Discourses of Conquest (New York: Oxford University Press, 1990) pp. 43–49, 59–60, 64–67, 69–72.
9. Robert A.Williams, Jr., “The Medieval and Renaissance Origins of the Status of American Indians in Western Legal Thought,” Southern California Law Review, Vol. 57, No. 1, 1983. Also see the opening chapter of Alfred Nussbaum's A Concise History of the Laws of Nations (New York: Macmillan, [rev. ed.] 1954); Herbert Andrew Deane, The Political and Social Ideals of St. Augustine (New York: Columbia University Press, 1963).
10. See, e.g., Tzvetan Todorov, The Conquest of America: The Question of the Other (New York: Harper & Row, 1984) pp. 146–67.
11. Probably the best and most detailed analysis of the debate will be found in Lewis Hanke's Aristotle and the American Indian: A Study in Race Prejudice in the Modern World (Chicago: Henry Regnery, 1959).
12. See generally, James Muldoon, Popes, Lawyers and Infidels: The Church and the Non-Christian World, 1250–1550 (Philadelphia: University of Pennsylvania Press, 1979). Also see Lewis Hanke, The Spanish Struggle for Justice in the Conquest of America (Philadelphia: University of Pennsylvania Press, 1947); Etienne Grisel, “The Beginnings of International Law and General Public Law Doctrine: Francisco de Vitoria's De Indis prior,” in Fredi Chiapelli, ed., First Images of America, 2 vols. (Berkeley: University of California Press, 1976) Vol. 1; John Taylor, Spanish Law Concerning Discoveries, Pacifications, and Settlements Among the Indians (Salt Lake City: University of Utah Press, 1980); L.C. Green and Olive P.Dickason, The Law of Nations and the New World (Edmonton: University of Alberta Press, 1989).
13. The original conception is covered in Antonio Truyol y Serra, “The Discovery of the New World and International Law,” University of Toledo Law Review, No. 43, 1971.
14. See, Felix S.Cohen, “The Spanish Origin of Indian Rights in the United States,” Georgetown Law Journal, Vol. 31, No. 1, 1942, and “Original Indian Title,” Minnesota Law Review, No. 32, 1947. Also see Nell Jessup Newton, “At the Whim of the Sovereign: Aboriginal Title Reconsidered,” Hastings Law Journal, No. 31, 1980; Brian Slattery, Ancestral Lands, Alien Laws: Judicial Perspectives on Aboriginal Title (Saskatoon: University of Saskatchewan Native Law Centre, 1983).
15. At least one scholar has contended that the arrangement was designed only to regulate relations between European states and carried no negative connotations vis-à-vis native standing at all; Milner S.Ball, “Constitution, Court, Indian Tribes,” American Bar Foundation Research Journal, No. 1, 1987.
16. Editors, “United States Denial of Indian Property Rights: A Study of Lawless Power and Racial Discrimination,” in National Lawyers Guild, Committee on Native American Struggles, Rethinking Indian Law (New Haven, CT: Advocate Press, 1982) p. 16. Such divvying up of turf amounted to a universalization of the principle expounded by Pope Alexander VI in his Bull Inter Caetera of May 4, 1493, dividing interests in the southern hemisphere of the New World between Spain and Portugal; Paul Gottschalk, The Earliest Diplomatic Documents of America (Albany: New York State Historical Society, 1978) p. 21.
17. Andrew A. Lipscomb and Albert Ellery Bergh, eds., The Writings of Thomas Jefferson, 20 vols. (Washington, D.C.: Thomas Jefferson Memorial Association, 1903–1904) Vol. VII, pp. 467–69.
18. Abundant examples will be found in Alden T.Vaughan, ed., Early American Indian Documents: Treaties and Laws, 1607–1789 (Washington, D.C.: University Publications of America, 1979). For further analysis, see Dorothy V.Jones, License for Empire: Colonialism by Treaty in North America (Chicago: University of Chicago Press, 1982).
19. As the matter is put in the Vienna Convention on the Law of Treaties, “‘treaty’ means an international agreement concluded between States in written form and governed by international law”; Weston, Falk and D’Amato, Basic Documents, p. 93.
20. Quoted in Francis Paul Prucha, American Indian Policy in the Formative Years: The Trade and Intercourse Acts, 1790–1834 (Lincoln: University of Nebraska Press, 1970) p. 141.
21. Opinions of the Attorney General (Washington, D.C.: U.S. GPO, 1828) pp. 613–18, 623–33. Later theorists, mainly positivists like Westlake and Hyde, argued that treaties with Indians and other “backward” peoples did not carry the same force and effect as treaties between “civilized” states; see, as examples, John Westlake, Chapters on the Principles of International Law (Cambridge, U.K.: Cambridge University Press, 1894) pp. 143–45; Charles C.Hyde, International Law Chiefly as Interpreted by the United States (Boston: Little, Brown, 1922) pp. 163–64. There is nothing in the interpretation of customary law codified in the Vienna Convention on the Law of Treaties to support such views, however.
22. In substance, where the English sought ultimately to displace or supplant indigenous peoples altogether, the French ambition was to harness modified versions of existing native economies to their own profit; see Hugh Edward Edgerton, A Short History of British Colonial Policy (London: Metheun, 1920) pp. 164–65; Klaus E.Knorr, British Colonial Theories, 1570– 1850 (London: Frank Cass, 1963) pp. 63–104. Also see Charles J.Balesi, The Time of the French at the Heart of North America (Chicago: Alliance Française, 1992).
23. Williams, Western Legal Thought, pp. 233–80. For broader philosophical applications, see Crawford Brough Macpherson, The Political Theory of Possessive Individualism: Hobbes to Locke (Oxford, U.K.: Clarendon Press, 1962).
24. The idea has yielded a still-lingering effect. Its basic premise plainly underlay the 1862 Homestead Act (U.S. Statutes at Large, Vol. XII, at p. 392) by which any U.S. citizen could claim a quarter-section (160 acres) of “undeveloped” land, merely by paying a nominal “patent fee” to offset the expense of registering it. S/he then had a specified period of time, usually five years, to fell trees, build a house, plow fields, etc. If these requirements were met within the time allowed, the homesteader was issued a deed to the property. While it remains “on the books,” claims under the Act were last pressed to a significant extent in Alaska during the 1960s and early 1970s.
25. Such reasoning formed a portion of the legal basis upon which England waged four wars— King Williams War (1689–1697), Queen Anne's War (1702–1713), King Georges War (1744–1748) and the “Seven Years War,” which actually lasted 14 years (1749–1763)— against the French in North America; Albert Marrin, Struggle for a Continent: The French and Indian Wars, 1690–1760 (New York: Atheneum, 1987).
26. Alden T.Vaughan, The New England Frontier (Boston: Little, Brown, 1965) pp. 113–21.
27. Letter from the Massachusetts Bay Company to Governor John Endicott, Apr. 17, 1629, in N.Shurtleff, ed., Records of the Governor and the Company of the Massachusetts Bay in New England (Boston: William White, 1853) p. 231.
28. Rennard Strickland and Charles F.Wilkinson, eds., Felix S.Cohen's Handbook on Federal Indian Law (Charlottesville, VA: Michie, 1982) p. 55.
29. See James Thomas Flexner, Lord of the Mohawks: A Biography of Sir William Johnson (Boston: Little, Brown, 1979).
30. This was following England's final victory over France in the last of the so-called French and Indian Wars (see note 25). On the proclamation (RSC 1970, App. II, No. 1, at 127) and subsequent legislation, Jack Stagg, Anglo-Indian Relations in North America to 1763 and an Analysis of the Royal Proclamation of 7 October 1763 (Ottawa: Carlton University Press, 1981). Also see Bruce Clark, Native Liberty, Crown Sovereignty: The Existing Aboriginal Right ofSelf-Government in Canada (Montréal: McGill-Queens University Press, 1990) pp. 134–46.
31. Thomas Perkins Abernathy, Western Lands and the American Revolution (New York: Russell and Russell, 1959).
32. The complete text of the Treaty of Paris (Sept. 3, 1783) is included in Ruhl J.Bartlett, ed., The Record of American Diplomacy: Documents and Readings in the History of U.S. Foreign Relations (New York: Alfred A.Knopf, [4th ed.] 1964) pp. 39–42.
33. For the text of the Treaty Between the United States and France for the Cession of Louisiana (Apr. 30, 1803), see Bartlett, American Diplomacy, pp. 116–17. On similar acquisitions, see generally, David M.Pelcher, The Diplomacy of Annexation: Texas, Oregon and the Mexican War (Columbia: University of Missouri Press, 1973).
34. Merrill D.Peterson, Thomas Jefferson and the New Nation: A Biography (New York: Oxford University Press, 1970) p. 300.
35. Vine Deloria, Jr., “Self-Determination and the Concept of Sovereignty,” in Roxanne Dunbar Ortiz and Larry Emerson, eds., Economic Development in American Indian Reservations (Albuquerque: University of New Mexico Native American Studies Center, 1979) pp. 22– 28. See note 5 and accompanying text for an example of hyperlegal posturing.
36. This concerns a written plan submitted to the Congress in which the “Father of His Country” recommended using treaties with Indians in much the same fashion Hitler would later employ them against his adversaries at Munich and elsewhere (i.e., to lull them into a false sense of security or complacency which placed them at a distinct military disadvantage when it came time to confront them with a war of aggression). “Apart from the feet that it was immoral, unethical and actually criminal, this plan placed before Congress by Washington was so logical and well laid out that it was immediately accepted practically without opposition and immediately put into action. There might be—certainly would be—further strife with the Indians, new battles and new wars, but the end result was, with the adoption of Washington's plan, inevitable: Without even realizing it had occurred, the fate of all the Indians in the country was sealed. They had lost virtually everything”; Allan W.Eckert, That Dark and Bloody River: Chronicles of the Ohio River Valley (New York: Bantam, 1995) p. 440.
37. 1 Stat. 50. (1789). For background, see Francis Paul Prucha, American Indian Policy in the Formative Years: The Trade and Intercourse Acts, 1790–1834 (Lincoln: University of Nebraska Press, 1970).
38. As the indigenous population was steadily eroded by disease and ad hoc attritional warfare all along the frontier, plummeting to only a few hundred thousand by 1812, the U.S. population had swelled to 7.5 million. While the U.S. could field 12,000 regulars and at least 4 times as many militiamen, even the broad alliance attempted by Tecumseh figured to muster fewer than 5,000 fighters in response. For U.S. population data, see Niles Register, No. 1, Nov. 30, 1811. On native population size, see Henry F.Dobyns, Their Numbers Become Thinned: Native American Population Dynamics in Eastern North America (Knoxville: University of Tennessee Press, 1983). On U.S. troop strength, see J.C.A.Stagg, “Enlisted Men in the United States Army, 1812–1815: A Preliminary Survey,” William and Mary Quarterly, 3rd Ser., No. 43, 1986. On Tecumseh's alliance, see Allan W.Eckert, A Sorrow in Our Heart: The Life of Tecumseh (Boston: Little, Brown, 1992).
39. 10 U.S. (6 Cranch.) 87 (1810). To all appearances, the opinion was an expedient meant to facilitate redemption of scrip issued to troops during the American independence struggle in lieu of cash. These vouchers were to be exchanged for land parcels in Indian Country once victory had been achieved. (Marshall and his father received instruments entitling them to 10,000 acres apiece in what is now Kentucky, part of the more than 200,000 acres they jointly amassed there.) On the Marshalls’ Kentucky land transactions, see Jean Edward Smith, John Marshall: Definer of a Nation (New York: Henry Holt, 1996) pp. 74–75. On the case itself, see C.Peter McGrath, Yazoo: The Case of Fletcher v. Peck (New York: W.W.Norton, 1966).
40. Robert A.Williams, Jr., “Jefferson, the Norman Yoke, and American Indian Lands,” Arizona Law Review, Vol. 29, No. 3, 1987. The notion that the concept of terra nullius might ever have been applied in any legitimate sense to inhabited areas was firmly repudiated by the International Court of Justice (“World Court”) in its 1975 Advisory Opinion on Western Sahara. For analysis, see Robert Vance, “Questions Concerning Western Sahara: Advisory Opinion of the International Court of Justice, October 16, 1975,” International Lawyer, No. 10, 1976; “Sovereignty Over Unoccupied Territories: The Western Sahara Decision,” Case Western Reserve Journal of International Law, No. 9, 1977.
41. See generally, Reginald Horsman, Expansion and American Policy, 1783–1812 (Lansing: Michigan State University Press, 1967).
42. Johnson & Graham's Lessee v. McIntosh (21 U.S. (8 Wheat.) 543 (1823)). For background, see Norgren, Cherokee Cases, pp. 92–95; David E.Wilkins, American Indian Sovereignty and the U.S. Supreme Court (Austin: University of Texas Press, 1997) pp. 27–35.
43. “The United States…maintain, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest; and gave also a right to such degree of sovereignty as the circumstances of [the U.S. itself] allow [it] to exercise”; Johnson v. McIntosh at 587.
44. “It has never been contended that the Indian title amounted to nothing. Their right of possession has never been questioned. The claim of government extends [however] to the complete ultimate [or absolute] title… An absolute [title] must be an exclusive title, a title which excludes all others not compatible with it. All our institutions recognize the absolute title of the crown [now held by the U.S.], subject only to the Indian right of occupancy, [a matter] incompatible with an absolute and complete title in the Indians”; Johnson v. McIntosh at 588, 603.
45. Johnson v. McIntosh at 573, 587, 591.
46. Johnson v. McIntosh at 591. For further analyses, see Howard R.Berman, “The Concept of Aboriginal Rights in the Early History of the United States,” Buffalo Law Review, No. 27, 1978; Robert A.Williams, Jr., “The Algebra of Federal Indian Law: The Hard Trail of Decolonizing the White Man's Jurisprudence,” Wisconsin Law Review, No. 31, 1986; David E.Wilkins, “Johnson v. McIntosh Revisited: Through the Eyes of Mitchell v. United States,” American Indian Law Review, No. 19, 1994.
47. Williams, Western Legal Thought, p. 317.
48. Cherokee Nation v. The State of Georgia (30 U.S. (5 Pet.) 1 (1831)) and Worcester v. The State of Georgia 31 U.S. (6 Pet.) 551 (1832). For background, see Norgren, Cherokee Cases, pp. 98– 111, 114–22.
49. Cherokee v. Georgia at 16.
50. Ibid., at 17.
51. Ibid.
52. Worcester v. Georgia at 560–61.
53. There are numerous examples of this being so; see Vine Deloria, Jr., “The Size and Status of Nations,” in Susan Lobo and Steve Talbot, eds., Native American Voices: A Reader (New York: Longman, 1998) pp. 457–65.
54. Cherokee v. Georgia at 16.
55. Joining Marshall was Justice John McLean; Norgren, Cherokee Cases, p. 100.
56. Ibid., pp. 106–7.
57. Thompson wrote the dissent, Story endorsing it; Joseph C.Burke, “The Cherokee Cases: A Study in Law, Politics, and Morality,” Stanford Law Review, No. 21, 1969, pp. 516–18.
58. Cherokee v. Georgia at 55.
59. Norgren, Cherokee Cases, pp. 117, 120–21.
60. Worcester v. Georgia at 553–54.
61. Ibid., at 551–56.
62. “Indian tribes are still recognized as sovereigns by the United States, but they are deprived of the one power all sovereigns must have in order to function effectively—the power to say ‘no’ to other sovereigns”; Vine Deloria, Jr., and David E.Wilkins, Tribes, Treaties, and Constitutional Tribulations (Austin: University of Texas Press, 1999) p. 70.
63. Ibid., p. 29.
64. This was carried out under provision of the 1887 General Allotment Act (ch. 119, 24 Stat. 362, 385, now codified at 18 U.S.C. 331 et seq.). For historical overview, see Janet A.McDonnell, The Dispossession of the American Indian, 1887–1934 (Bloomington: Indiana University Press, 1991). For legal background, see Sidney L.Harring, Crow Dog's Case: American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century (Cambridge, U.K.: Cambridge University Press, 1994) pp. 142–74.
65. “The sun-dance, and all other similar dances and so-called religious ceremonies are considered ‘Indian Offenses’ under existing regulations, and corrective penalties are provided”; U.S. Department of Interior, Office of Indian Affairs Circular 1665, Apr. 26, 1921.
66. See generally, David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience, 1875–1928 (Lawrence: University Press of Kansas, 1995).
67. Article II(c) of the 1948 Convention on Prevention and Punishment of the Crime of Genocide (78 U.N.T.S. 277), outlaws as genocidal any policy leading to the “destruction… in whole or in part, [of] a national, ethnical, racial or religious group, as such.” Article II(e) specifically prohibits any policy devolving upon the “forced transfer of children”; Weston, Falk and D’Amato, Basic Documents, p. 297.
68. For details, see Charles C.Royce, Indian Land Cessions in the United States: 18th Annual Report, 1896–97, 2 vols. (Washington, D.C.: Bureau of American Ethnography, Smithsonian Institution, 1899).
69. The implications of the term, first employed by the Marshall Court in Gibbons v. Ogden (22 U.S. (9 Wheat.) 1 (1824), were set forth more fully in U.S. v. Kagama (118 U.S. 375 (1886)), and finalized in “Lone Wolf v. Hitchcock (187 U.S. 553 (1903)). In the latter case, Justice Edward D. White opined that “Congress possesse[s] full power over Indian affairs, and the judiciary cannot question or inquire into its motives… If injury [is] occasioned…by the use made by Congress of its power, relief must be sought by an appeal to that body for redress and not to the courts”; “Lone Wolf” v. Hitchcock at 568. By 1942, the courts were even more blunt, stating that Congress wielded “full, entire, complete, absolute, perfect, and unqualified” power over indigenous nations within its borders; Mashunkasky v. Mashunkasky (134 P.2d 976 (1942)). For background, see Nell Jessup Newton, “Federal Power over Indians: Its Sources, Scope, and Limitations,” University of Pennsylvania Law Review, No. 132, 1984; Rachel San Kronowitz, Joanne Lichtman, Stephen P. McSloy and Matthew G.Olsen, “Toward Consent and Cooperation: Reconsidering the Political Status of Indian Nations,” Harvard Civil Rights-Civil Liberties Law Review, No. 22, 1987; David E.Wilkins, “The Supreme Court's Explication of ‘Federal Plenary Power’: An Analysis of Case Law Affecting Tribal Sovereignty, 1886–1914,” American Indian Quarterly, Vol. 18, No. 3, 1994.
70. A territorial title deriving from discovery cannot prevail over a title based in a prior and continuing display of sovereignty; American Journal of International Law, No. 22, 1928, reporting the Island of Palmas case (U.S. v. Netherlands, Perm. Ct. Arb., Hague, 1928).
71. Chapter XI of the U.N. Charter (59 Stat. 1031, T.S. No. 993, 3 Bevans 1153, Y.B.U.N. 1043 (1945)), and the full text of the Declaration (U.N.G.A. Res. 1514 (XV), 15 U.N. GAOR, Supp. (No. 16) 66, U.N. Doc. A/4684 (1961)); Weston, Falk and D’Amato, Basic Documents, pp. 27, 343–44.
72. See generally, Alpheus Snow, The Question of Aborigines in the Law and Practice of Nations (Northbrook, IL: Metro Books, 1972 reprint of 1918 original); Mark Frank Lindley, The Acquisition and Government of Backward Territory in International Law: A Treatise on the Law and Practice Related to Colonial Expansion (London: Longmans, Green, 1926). On the material process leading to repudiation, see Stewart C.Easton, The Rise and Fall of Western Colonialism: A Historical Survey from the Early Nineteenth Century to the Present (New York: Praeger, 1964); Franz Ansprenger, The Dissolution of Colonial Empires (New York: Routledge, 1981).
73. For a broad exploration of the concept, see Michael Walzer, Just and Unjust Wars: A Moral Argument with Historical Illustrations (London: Allen Lane, 1978).
74. See note 37.
75. Francisais de Vitoria, “De Indis Recenter Inventis,” in his De Indis et de Jure Belli Reflectiones (Washington, D.C.: Carnegie Institution of Washington, 1917), esp. pp. 151–55; Jorge Díaz, “Los Doctrinas de Palacios Rubios y Matías de Paz ante la Conquista America,” in Memoria de El Colegio Nacional (Burgos, Spain: Colegio Nacional, 1950). For background, see Williams, Western Legal Thought, pp. 85–108.
76. Matthew M.McMahon, Conquest and Modern International Law: The Legal Limitations on the Acquisition of Territory by Conquest (Washington, D.C.: Catholic University of America Press, 1940), p. 35; Sharon Korman, The Right of Conquest: The Acquisition by Force in International Law andPractice (Oxford, U.K.: Clarendon Press, 1996) pp. 52–56.
77. On the present disposition of “federally recognized tribes,” see Francis Paul Prucha, Atlas of American Indian Affairs (Lincoln: University of Nebraska Press, 1990). For the official count of “Indian Wars,” see U.S. Department of Commerce, Bureau of the Census, Report on Indians Taxed and Not Taxed (1890) (Washington, D.C.: U.S. GPO, 1894) pp. 637–38. For details on the wars themselves, see Alan Axelrod, Chronicle of the Indian Wars from Colonial Times to Wounded Knee (New York: Prentice-Hall, 1993).
78. Tee-Hit-Ton v. United States (348 U.S.273 (1955)) at 291. “The Alaska natives [who had pressed a land claim in Tee-Hit-Ton] had never fought a skirmish with Russia [which claimed their territories before the U.S.] or the United States… To say that the Alaska natives were subjugated by conquest stretches the imagination too far. The only sovereign act that can be said to have conquered the Alaska native was the Tee-Hit-Ton opinion itself”; Jessup Newton, “Whim of the Sovereign,” pp. 1215, 1244.
79. Martin v. Waddell, 41 U.S. (6 Pet.) 367 (1842) at 409; Johnson v. McIntosh at 591.
80. Samuel Pufendorf, Elementorum Jurisprudentiae Universalis (Oxford, U.K.: Clarendon Press, 1931 trans. of 1672 original); De Officio Hominis et Civis Juxta Legem Naturalem (Oxford, U.K.: Clarendon Press, 1927 trans. of 1682 original); De Jure Naturae et Gentium (Oxford, U.K.: Clarendon Press, 1934 trans. of 1688 original).
81. See esp., Hugo Grotius, De Jure Belli ac Pacis (Oxford, U.K.: Clarendon Press, 1925 trans. of 1625 original); Emmerich de Vattel, The Law of Nations (Philadelphia: T. & J.W.Johnson, 1863 trans. of 1758 original); William Edward Hall, A Treatise on International Law (Oxford, U.K.: Clarendon Press, 1884); John Westlake, “The Nature and Extent of the Title by Conquest,” Legal Quarterly Review, No. 17, 1901.
82. See generally, Julius W.Pratt, The Imperialists of 1898: The Acquisition of Hawaii and the Spanish Islands (Baltimore: Johns Hopkins University Press, 1936); Stuart Creighton Miller, “Benevolent Assimilation”: The American Conquest of the Philippines, 1899–1903 (New Haven, CT: Yale University Press, 1982); Noel J.Kent, Hawaii: Islands Under the Influence (Honolulu: University of Hawaii Press, [2nd ed.] 1993).
83. On Wilsons role and Senate obstruction, see Francis Anthony Boyle, Foundations of World Order: The Legalist Approach to International Relations, 1898–1922 (Durham, NC: Duke University Press, 1999) pp. 47–48, 53–54.
84. For context, see Lothar Kotzsch, The Concept ofWar in Contemporary History and International Law (Geneva: Droz, 1956); Ian Brownlie, International Law and the Use of Force by States (Oxford, U.K.: Clarendon Press, 1963).
85. Korman, Right of Conquest, p. 192.
86. Stimson's statement will be found in U.S. Department of State, Documents on International Affairs (Washington, D.C.: U.S. GPO, 1932) p. 262. For discussion, see Robert Langer, Seizure of Territory: The Stimson Doctrine and Related Principles in Legal Theory and Diplomatic Practice (Princeton, NJ: Princeton University Press, 1947).
87. U.S. Dept. of State Press Release, No. 136 (7 May 1932), quoted in Henry W.Briggs, “Non- Recognition of Title by Conquest and Limitations of the Doctrine,” Papers of the American Society for International Law, No. 34, 1940, p. 73. Also see Langer, Seizure of Territory.
88. Stimson, letter to Senator W.E.Borah (23 Feb. 1932), quoted in Briggs, “Non-Recognition,” p. 73.
89. League Assembly Resolution (Mar. 11, 1932); Chaco Declaration (Aug. 3, 1932); Saaverda Lamas Pact (Oct. 10, 1933); Montevideo Convention (Dec. 26, 1933). For background, see Briggs, “Non-Recognition,” esp. p. 74; Korman, Right of Conquest, pp. 240–41.
90. Quoted in Langer, Seizure of Territory, p. 78.
91. Quoted in Korman, Right of Conquest, pp. 241–42. Korman goes on to note that, in its 1945 Act of Chapultepec, the Inter-American Conference on Problems of War and Peace not only asserted non-recognition of conquest rights as customary law but declared that the principle of “non-recognition had been incorporated into the [black letter] international law of American States since 1890.”
92. Bradley F.Smith, The Road to Nuremberg (New York: Basic Books, 1981); Arnold C.Brackman, The Other Nuremberg: The Untold Story of the Tokyo War Crimes Trials (New York: Quill/Morrow, 1987).
93. On the U.S. role in founding the United Nations, see Phyllis Bennis, Calling the Shots: How Washington Controls Today's U.N. (New York: Olive Branch Press, [2nd ed.] 2000) pp. 1–13. On the OAS, see Boyle, World Order, pp. 119–22. On the League, see F.P.Walters, A History of the League of Nations (New York: Oxford University Press, 1960).
94. As stated in Article 1(1) and (2) of the U.N. Charter, “The Purposes of the United Nations are [t]o maintain international peace and security [by] adjustment and settlement of international disputes or situations which might lead to a breach of the peace,” mainly by developing “friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.” Reference to “the principles of equal rights and self-determination of all peoples” is made in the earlier cited Declaration on the Granting of Independence to Colonial Countries and Peoples. Elsewhere, it is simply stated that “All peoples have the right to self-determination.” See, as examples, Article 1(1) of the International Covenant on Economic, Social and Cultural Rights (U.N.G.A. Res. 2200 (XXI), 21 U.N. GAOR, Supp. (No. 16) 49, U.N. Doc. A/6316 (1967)) and Article 1(1) of the International Covenant on Civil and Political Rights (U.N.G.A. Res. 2200 (XXI), 21 U.N. GAOR, Supp. (No. 16) 52, U.N. Doc. A/6316 (1967)). Article 1 of the OAS Charter (2 U.S.T. 2394, T.I.A.S. No. 2361, 119 U.N.T.S. 3 (1948)), declares the organization to be “a regional agency” subject to provisions of the U.N. Charter, while Article 3(a) declares the elements of law promulgated by the U.N. to be binding upon all OAS member states; Weston, Falk and D’Amato, Basic Documents, pp. 16, 50, 343, 371, 376.
95. Hitler, for one, was quite clear that the nazi lebensraumpolitik was based, theoretically, practically, and quite directly, on the preexisting model embodied in the U.S. realization of its “manifest destiny” vis-à-vis American Indians and other racial/cultural “inferiors”; Adolf Hitler, Mein Kampf (New York: Reynal and Hitchcock, 1939) pp. 403, 591; Hitler's Secret Book (New York: Grove Press, 1961) pp. 46–52. Another iteration will be found in a memorandum prepared by an aide, Col. Friedrich Hössbach, summarizing Hitler's statements during a high-level “Führer Conference” conducted shortly before Germany's 1939 invasion of Poland; Trial of the Major Nazi War Criminals Before the International Military Tribunal, 42 vols. (Nuremberg: International Military Tribunal, 1947–49) Vol. 25, pp. 402– 13. The relationship between nazi and U.S. theory/practice is closely examined in Frank Parella, Lebensraum and Manifest Destiny: A Comparative Study in the Justification of Expansionism (Washington, D.C.: Master's Thesis, School of International Relations, Georgetown University, 1950). Also see Norman Rich, Hitler's War Aims: Ideology, the Nazi State, and the Course of Expansion (New York: W.W.Norton, 1973) p. 8; John Toland, Adolf Hitler (New York: Doubleday, 1976) p. 802.
96. The most detailed overview of the ICC will be found in Harvey D.Rosenthal's Their Day in Court: A History of the Indian Claims Commission (New York: Garland, 1990). Also see pp. 66– 69 of “The Earth Is Our Mother,” herein.
97. Public Papers of the Presidents of the United States: Harry S.Truman, 1946 (Washington, D.C.: U.S. GPO, 1962) p. 414.
98. All the ICC accomplished was to “clear out the underbrush” obscuring an accurate view of who actually owns what in North America; Deloria, Broken Treaties, p. 227. Also see my “Charades Anyone? The Indian Claims Commission in Context,” American Indian Culture and Research Journal, Vol. 24, No. 1, Spring 2000.
99. U.S. House of Representatives, Committee on Indian Affairs, Hearings on H.R. 1198 and 1341 to Create an Indian Claims Commission (Washington, D.C.: 79th Cong., 1st Sess., March and June 1945) pp. 81–84.
100. Thomas LeDuc, “The Work of the Indian Claims Commission Under the Act of 1946,” Pacific Historical Review, Vol. 26, No. 1, Feb. 1957; John T. Vance, “The Congressional Mandate and the Indian Claims Commission,” North Dakota Law Review, No. 45, Spring 1969; Wilcomb E. Washburn, “Land Claims in the Mainstream of Indian/White Relations,” in Imre Sutton, ed., Irredeemable America: The Indians’ Estate and Land Claims (Albuquerque: University of New Mexico Press, 1985) pp. 21–34.
101. U.S. House of Representatives, Subcommittee of the Committee on Appropriations, Hearings on the Independent Office Appropriations for 1952 (Washington, D.C.: 82nd Cong., 1st Sess., 1951) pp. 28–37.
102. U.S. Senate, Committee on Interior and Insular Affairs, Amending the Indian Claims Commission Act of 1946 as Amended (Washington, D.C.: 92nd Cong., 2nd Sess., Rpt. 682, Mar. 2, 1972).
103. The remaining 68 dockets were turned over to the U.S. Court of Claims; Rüssel Barsh, “Behind Land Claims: Rationalizing Dispossession in Anglo-American Law,” Law and Anthropology, No. 1, 1986.
104. Howard Friedman, “Interest on Indian Land Claims: Judicial Protection of the Fisc,” Valparaiso University Law Review, No. 5, Fall 1970; Robert F. Heizer and Alfred L. Kroeber, “For Sale: California at 47¢ Per Acre,” Journal of California Anthropology, No. 3, 1976; M.Annette Jaimes, “The Pit River Indian Land Claim Dispute in Northern California,” Journal of Ethnic Studies, Vol. 4, No. 4, Winter 1987.
105. Indian Claims Commission, Final Report (Washington, D.C.: U.S. GPO, 1978); Public Lands Law Review Commission, One Third of the Nation's Land (Washington, D.C.: U.S. GPO, 1970).
106. Russel Barsh, “Indian Land Claims Policy in the United States,” North Dakota Law Review, No. 58, 1982.
107. The territorial integrity of all member states is guaranteed in Chapter I, Article 2(4) of the U.N. Charter. The guarantee presupposes, however, that there was a degree of basic legal integrity involved in the territorial acquisitions by which member states composed themselves in the first place. In cases where this is not so, the rights to self-determination of involuntarily subordinated or usurped peoples always outweigh the right to preserve territorial integrity; see Lee C.Buchheit, Secession: The Legitimacy of Self-Determination (New Haven: Yale University Press, 1978); Ved Nanda, “Self-Determination Under International Law: Validity of Claims to Secede,” Case Western Journal of International Law, No. 13, 1981.
108. On international torts, see Eduardo Jiminez de Arechaga, “International Responsibility,” in M.Sorenson, ed., Manual of Public International Law (New York: St. Martin's Press, 1968) pp. 564–72.
109. Treaty fraud, which is specifically prohibited under Article 49 of the Convention as a matter of jus cogens, has been defined by the International Law Commission (ILC) as including “any false statements, misrepresentations or other deceitful proceedings by which a State is induced to give consent to a treaty which it would not otherwise have given.” Coercion, which is prohibited under Articles 51–52, also as a matter of jus cogens, involves “acts or threats” directed by one nation involved in a treaty negotiation against another (or its representative[s]). The ILC has concluded that “the invalidity of a treaty procured by the illegal threat or use of force is a principle which is lex lata in…international law,” and that the nullity of treaties invalidated on this basis is absolute; Sinclair, Vienna Convention, pp. 14– 16, 169–81.
110. Treaty with the Cheyennes and Arapahos (12 Stat. 1163; proc., Dec. 5, 1861); for text, see Kappler, Indian Treaties, pp. 807–11. For background, see Stan Hoig, The Sand Creek Massacre (Norman: University of Oklahoma Press, 1961) pp. 13–17.
111. The full text of the Treaty with the Sioux—Brulé, Oglala, Miniconjou, Yanktonai, Hunkpapa, Blackfeet, Cuthead, Two Kettle, Sans Arcs, and San tee—and Arapaho, 1868 (15 Stat. 635; proc., Feb. 24, 1869); for text, see Kappler, Indian Treaties, pp. 998–1007. On the “negotiation” process at issue, see the chapter entitled “Sell or Starve” in Edward Lazarus, Black Hills, White Justice: The Sioux Nation versus the United States, 1775 to the Present (New York: HarperCollins, 1991) pp. 71–95. Also see “The Earth Is Our Mother,” herein, p. 87.
112. U.S. title was formally asserted in an Act (19 Stat. 254) passed by Congress on Feb. 28, 1877. It should be noted that while the express consent of three-quarters of all adult male Lakotas was required under Article 12 of the 1868 treaty for any future land alienations by that people to be legal, the signatures of barely 15 percent were obtained on the Black Hills cession agreement.
113. Also see the preliminary sketch included in my Struggle for the Land: Native North American Resistance to Genocide, Ecocide and Colonization (Winnipeg: Arbeiter Ring, [2nd ed.] 1999) p. 10.
114. For a related development of the thesis, see Rodolfo Acuña, Occupied America: The Chicano's Struggle for Liberation (San Francisco: Canfield Press, 1972).
115. See Robert K.Thomas, “Colonialism: Classic and Internal,” New University Thought, Vol. 4, No. 4, Winter 1966–67; my own “Indigenous Peoples of the United States: A Struggle Against Internal Colonialism,” Black Scholar, Vol. 16, No. 1, Feb. 1985; and Leah Renae Kelly's “The Open Veins of Native America: A Question of Internal Colonialism,” in her In My Own Voice: Essays in the Sociopolitical Context of Art and Cinema (Winnipeg: Arbeiter Ring, 2001) pp. 112– 15.
116. See Blum, Rogue State; Noam Chomsky, Rogue States: The Rule of Force in World Affairs (Cambridge, MA: South End Press, 2000).
117. As Justice Robert H.Jackson put it while serving as lead U.S. prosecutor at Nuremberg, “We are not prepared to lay down a rule of criminal conduct against others which we are not willing to have invoked against us”; “Opening Statement for the United States before the International Military Tribunal, November 21, 1945,” in Jay W.Baird, ed., From Nuremberg to My Lai (Lexington, MA: D.C.Heath, 1972) p. 28; also quoted in Bertrand Russell, War Crimes in Vietnam (New York: Monthly Review Press, 1967) p. 125. As concerns U.S. replication of the major offenses of which the nazis were convicted, see Quincy Wright, “Legal Aspects of the Vietnam Situation,” in Richard Falk, ed., The Vietnam War and International Law (Princeton, NJ: Princeton University Press, 1968) pp. 271–91; Ralph Stavins, Richard J.Barnet and Marcus G.Raskin, Washington Plans an Aggressive War (New York: Random House, 1971).
118. Bush is quoted at length in George Cheney's “‘Talking War’: Symbols, Strategies and Images,” New Studies on the Left, Vol. XIV, No. 3, Winter 1990–91. On the human toll ultimately extracted by the U.S. in its “roll back” of Iraq's “naked aggression”—which had, at most, resulted in the deaths of “several hundred” Kuwaitis—see Ramsey Clark, et al., War Crimes: A Report on United States War Crimes Against Iraq (Washington, D.C.: Maisonneuve Press, 1992); The Impact of Sanctions on Iraq: The Children are Dying (Washington, D.C.: Maisonneuve Press, 1996); Challenge to Genocide: Let Iraq Live (Washington, D.C.: International Action Center, 1998).
119. Noam Chomsky, “‘What We Say Goes’: The Middle East in the New World Order,” in Cynthia Peters, ed., Collateral Damage: The “New World Order” at Home and Abroad (Boston: South End Press, 1992) pp. 49–92; World Orders, Old and New (New York: Columbia University Press, 1994). Also see the essays collected by Phyllis Bennis and Michael Moushabeck in their coedited volume, Altered States: A Reader in the New World Order (New York: Olive Branch Press/Interlink, 1993).
120. The U.S. formally repudiated the jurisdiction of the International Court of Justice in 1986, when the ICJ ruled against it in Nicaragua v. U.S.; Abraham Sofaer, “The United States and the World Court,” Current Affairs, No. 769, Dec. 1985; “U.S. Terminates Acceptance of ICJ Compulsory Jurisdiction,” Department of State Bulletin, No. 86, Jan. 1986. It has subsequently refused to accept jurisdiction of the newly established International Criminal Court (ICC), unless its policymakers and military personnel are specifically exempted from prosecution; Geoffrey Robertson, Crimes Against Humanity: The Struggle for Global Justice (New York: Free Press, 1999) pp. 446–48, 450. On the U.S. refusal of international law, per se, see Blum, Rogue State, pp. 184–99; Bennis, Calling the Shots, esp. pp. 279–82.
121. An in-depth study of this process at work will be found in Lawrence J.LeBlanc's The United States and the Genocide Convention (Durham, NC: Duke University Press, 1991).
122. Article I(2) of the so-called Sovereignty Package (S. Exec. Rep. 2, 99th Cong., 1st Sess., 1985) attached to its much-belated 1988 “ratification” of the 1948 Genocide Convention pledges the U.S. to comply only insofar as “nothing in the Convention requires legislation or other action by the United States of America prohibited by the Constitution of the United States as interpreted by the United States”; reproduced in LeBlanc, Genocide Convention, pp. 253–54. Such comportment has become so routine that otherwise establishmentarian analysts have begun to remark upon “the traditional Washington stance that the US is above international law”; Robertson, Crimes Against Humanity, p. 327.
123. Isabelle Schulte-Tenckhoff, “The Irresistible Ascension of the U.N. Declaration of the Rights of Indigenous Peoples: Stopped Dead in Its Tracks?” European Review of Native American Studies, Vol. 9, No. 2, 1995; Glenn T.Morris, “Further Motion by the State Department to Railroad Indigenous Rights,” Fourth World Bulletin, No. 6, Summer 1998.
124. National Security Council cable dated Jan. 18, 2001; reproduced as Appendix B in my Perversions of Justice: Indigenous Peoples and Angloamerican Law (San Francisco: City Lights, 2002). For background on U.S. posturing at the U.N. with its “Indian Self-Determination Act” (88 Stat. 2203 (1975), codified at 25 U.S.C. 405a and elsewhere in titles 25, 42 and 50, U.S.CA.), see S.James Anaya, Indigenous Peoples in International Law (New York: Oxford University Press, 1996) pp. 86–87, 157.
125. National Security Council cable, Jan. 18, 2001.
126. Leonard Garment (see note 3 and accompanying text). The NSC cable cited in the note above also refers to the U.N. Charter's guarantee of the territorial integrity of states addressed in note 107.
127. Lassa Oppenheim, International Law (London: Longman's, Green, [8th ed.] 1955) p. 120.
128. Robert T.Coulter, “Contemporary Indian Sovereignty,” in Committee on Native Struggles, Rethinking Indian Law, p. 117; citing M.Whitman, Digest of International Law § 1 at 2 (1963).
129. As U.S. Ambassador to the United Nations, later Secretary of State, Madeleine Albright put it in the mid-1990s, “the U.N. is [merely] a tool of American foreign policy”; quoted by Catherine Toups in the Washington Times, Dec. 15, 1995. Overall, see the chapter entitled “The Laws of Empire” in Bennis, Calling the Shots, pp. 245–312.
130. As the matter was recently framed by French Foreign Minister Lionel Jospin, “the predominant weight of the United States and the absence for the moment of a counterweight…leads it to hegemony”; John Vinoceur, “Going It Alone: The U.S. Upsets France So Paris Begins a Campaign to Strengthen Multilateral Institutions,” International Herald-Tribune, Feb. 3, 1999. Also see Jan Morris, “Mankind Stirs Uneasily at American Dominance,” Los Angeles Times, Feb. 10, 2000.
131. For an early—and rather prescient—assessment of this prospect, see Sandy Vogelsang, American Dream, Global Nightmare: The Dilemma of U.S. Human Rights Policy (New York: W.W.Norton, 1980).
132. See the chapter entitled “The Contemporary Structure of Plunder” in Eduardo Galeano's The Open Veins of Latin America: Five Centuries of the Pillage of a Continent (New York: Monthly Review Press, 1973) pp. 225–83. More broadly, the essays collected by Peter L.Hahn and Mary Ann Heiss in their coedited volume, Empire and Revolution: The United States and the Third World Since 1945 (Columbus: Ohio State University Press, 2001).
133. Bennis, Calling the Shots, pp. 262–63.
134. Ibid., p. 263. Also see note 117.
135. See note 101. For further information, see Florence Connolly Shipeck, Pushed into the Rocks: Southern California Indian Land Tenure, 1769–1986 (Lincoln: University of Nebraska Press, 1988).
136. See note 69. For additional discussion of the peculiarly one-sided—and legally unfounded— notion of treaty abrogation implicit to the opinion, see Blue Clark, “Lone Wolf” v. Hitchcock: Treaty Rights and Indian Law at the End of the Nineteenth Century (Lincoln: University of Nebraska Press, 1999) esp. pp. 4–5, 70–74, 110.
137. During the 1997 conference in Ottawa which resulted in promulgation of the Convention on Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, to cite one notorious example, U.S. representatives argued straightforwardly that the treaty should bind every country in the world except theirs. When the 129 signatory states in attendance refused to accept the premise that the U.S. should be uniquely exempted from compliance, the U.S. delegation withdrew in a huff, Robertson, Crimes Against Humanity, pp. 198–99; Bennis, Calling the Shots, pp. 279–80. As of this writing (Feb. 2002), the U.S. has still not endorsed the Convention, although it went into force in March 1999. Instead, it has indulged in a flagrant violation by dropping thousands of cluster bombs—outlawed under the treaty—on Afghanistan since October 2001.
138. Upon even cursory examination, it becomes evident that virtually every one of the multitudinous post-World War II U.S. military/paramilitary interventions abroad has been harnessed to these ends; see, e.g., Noam Chomsky, Deterring Democracy (New York: Hill and Wang, 1992); Year 501: The Conquest Continues (Boston: South End Press, 1994). It should be noted that, according to no less authoritative a figure than Secretary of State Colin Powell, the U.S., having employed criminal means to replace Afghanistan's Taliban régime with a government of its own choosing in late 2001, is now gearing up to do the same in Iraq (Iran and North Korea have been named as likely follow-ups). It should also be noted that military force has not been the only means employed to accomplish the subordination of other countries, nor have the victims necessarily been confined to the Third World; see, e.g., Stephen McBride and John Shields, Dismantling a Nation: The Transition to Corporate Rule in Canada (Halifax, N.S.: Fernwood, [2nd ed.] 1997).
139. Felix S. Cohen, “The Erosion of Indian Rights, 1950–53: A Case-Study in Bureaucracy,” Yale Law Journal, No. 62, 1953, p. 390.
140. Despite our retention of the largest landholdings on a per capita basis of any North Ameri can population group, and despite that land's being some of the most mineral-rich in the world, internal colonial exploitation of our resources by the U.S. has left American Indians in a material circumstance so degraded that by the late 1990s our average lifespan was one-third less than that of the settler population. For reasons, see Rennard Strickland, Tonto's Revenge: Reflections on American Indian Culture and Policy (Albuquerque: University of New Mexico Press, 1997) p. 53. Entirely comparable data applies to the Kanaka Maoli (Native Hawaiians); see H.Barringer and H.P.O’Hagan, Socioeconomic Characteristics of Native Hawaiians (Honolulu: Alu Like, 1989); Papa Ola Lokahi, State of Hawaii Native Hawaiian Health Data Book (Honolulu: Office of Hawaiian Affairs, 1990).
141. The term employed originates with Jürgen Habermas; see James L.Marsh, Unjust Legality: A Critique of Habermas's Law (Lanham, MD: Rowman & Littlefield, 2001).
142. Several of the themes sketched in this section are developed more fully in “The New Face of Liberation” and “I Am Indigenist,” herein.
143. The U.S. Congress actually issued a statutory apology to the Kanaka Maoli on the 100th anniversary of its admittedly illegal participation in the armed overthrow of Hawai‘i's constitutional monarchy. Signed by President Bill Clinton on Nov. 23, 1993, Public Law 103–150 made no offer to restore the native people's property and other sovereign rights, however. Nor did it mention that Hawai‘i's being declared a U.S. state in!959 was accomplished in a manner violating the requirements of Chapter IX of the U.N. Charter, and was thus simply another illegality; see Haunani-Kay Trask, From a Native Daughter: Colonialism and Sovereignty in Hawaii (Honolulu: University of Hawai‘i Press, [2nd ed.] 1999) pp. 27–32. On Guam, see Robert Underwood and Laura Souder, eds., Chamorro Self-Determination (Agana, Guam: Micronesia Area Research Center, 1987). On Puerto Rico, see Ronald Fernandez, Prisoners of Colonialism: The Struggle for Justice in Puerto Rico (Monroe, ME: Common Courage Press, 1994); Christina Duffy Burnett and Burke Marshall, eds., Foreign in a Domestic Sense: Puerto Rico, American Expansion, and the Constitution (Durham, NC: Duke University Press, 2001). By far the best overview of federal holdings, including such little-considered places as “American” Samoa and the “U.S.” Virgin Islands, will be found in Arnold H.Leibowitz, Defining Status: A Comprehensive Overview of United States Territorial Relations (Norwell, MA: Kluwer Law International, 1989).
144. Ronald L.Trosper, “Appendix I: Indian Minerals,” in American Indian Policy Review Commission, Task Force 7 Final Report: Reservation and Resource Development and Protection (Washington, D.C.: U.S. GPO, 1977); U.S. Department of Interior, Bureau of Indian Affairs, Indian Lands Map: Oil, Gas and Minerals on Indian Reservations (Washington, D.C.: U.S. GPO, 1978); Louis R.Moore, Mineral Development on Indian Lands: Cooperation and Conflict (Denver: Rocky Mountain Mineral Law Foundation, 1983); Presidential Commission on Indian Reservation Economies, Report and Recommendation to the President of the United States (Washington, D.C.: U.S. GPO, Nov. 1984).
145. My use of the word “serious” here is intended in opposition to the liberal notion that solutions to the kinds of intractable socioeconomic, political, and environmental problems generated by the existing system can somehow be obtained through recourse to the system itself. Regardless of the rhetorical reinforcing of systemic hegemony. For further elaboration, see Ernesto Laclau and Chantal Mouffe, Hegemony and Socialist Strategy: Towards a Radical Democratic Politics (London: Verso, [2nd ed.] 2001).
146. For some of the better descriptions of the statist system, see Boyle, World Order, Hedley Bull, The Anarchical Society: A Study of Order in World Politics (New York: Columbia University Press, 1977); Fritz Kratochwil, Foreign Policy and International Order (Boulder, CO: Westview Press, 1978).
147. Immanuel Wallerstein, The Modern World-System, 3 vols. (New York: Academic Press, 1974– 1988). For further discussion, see Andre Gunder Frank and Barry K.Ellis, eds., The World System: Five Hundred Years of Five Thousand? (New York: Routledge, 1993).
148. Russell Means, remarks at the Four Winds Community Center, Denver, Oct. 7, 1996 (notes on file). Concerning the distinction at issue, see Hugh Seton-Watson, Nations and States: An Inquiry into the Origins of Nations and the Politics of Nationalism (Boulder, CO: Westview Press, 1977). More sharply, see Bernard Neitschmann, “The Fourth World: Nations versus States,” in George J.Demko and William B.Wood, eds., Reordering the World: Geopolitical Perspectives on the 21st Century (Boul der, CO: Westview Press, 1994) pp. 225– 42.
149. Calder v. Attorney General of British Columbia (SCR 313 1973) at 380. In concluding that the federal government of Canada enjoys a unilateral prerogative to extinguish indigenous rights, the court noted that it had been “unable to find a Canadian case dealing with precisely the same subject” and that it would therefore rely on a U.S. judicial interpretation found in State of Idaho v. Coffee (56 P.2d 1185 (1976)); 68 OR (2d) 353 (HC) at 412–43. The first example of this sort will be found in the 1867 Québec case Connolly v. Woolrich (11 LCJ 197), in which the court, considering the validity of a marriage effected under native tradition for purposes of determining inheritance rights, repeated verbatim a lengthy passage from Marshall's Worcester opinion. See John Hurley, “Aboriginal Rights, the Constitution and the Marshall Court,” Revue Juridique Themis, No. 17, 1983; Stan Persky, Delgamuukw: The Supreme Court of Canada Decision on Aboriginal Title (Vancouver: Douglas & McIntyre, 1998).
150. At the Berlin Conference of 1884–85, the European powers partitioned Africa in accordance with their own interests on the continent. The resulting demarcation of colonial boundaries conforms rather precisely to borders claimed by most “postcolonial” African states today; see the map delineating the 1885 colonial boundaries included in J.M.MacKenzie, The Partition of Africa, 1880–1900 (London: Metheun, 1983) p. 28. For background on the Berlin Conference, see Thomas Pakenham, The Scramble for Africa: The White Man's Conquest of the Dark Continent from 1876 to 1912 (New York: Random House, 1991). For observations on the outcome(s), see Anthony D. Smith, State and Nation in the Third World: The Western State and African Nationalism (New York: St. Martin's, 1983) esp. pp. 124–35; Basil Davidson, The Black Man's Burden: Africa and the Curse of the Nation-State (New York: Times Books, 1992).
151. The “Belgian Thesis,” as it was called, had been articulated for more than a decade prior to the U.N. debate; see, e.g., Foreign Ministry of Belgium, The Sacred Mission of Civilization: To Which Peoples Should the Benefit be Extended? (Brussels: Belgium Government Information Center, 1953).
152. On the Blue Water Principle itself, see Roxanne Dunbar Ortiz, “Protection of American Indian Territories in the United States: Applicability of International Law,” in Sutton, Irredeemable America, pp. 260–61. For insights on the eurocentrism of the logic guiding Lumumba and his counterparts, see Partha Chatterjee, Nationalist Thought and the Colonial World: A Derivative Discourse (London: Zed Books, 1986), pp. 1–35.
153. Indeed, some Third Worlders felt that both the principle and its OAU endorsers did not go far enough. Rather than simply preserving the individuated-state structure inherited from European colonialism, Pan-Africanists like Kwame Nkrumah sought to forge a single continental “megastate” along the lines of the U.S. or the USSR; see Kwame Nkrumah, Neo-Colonialism: The Last Stage of Imperialism (New York: International, 1965); Elenga M’buyinga, Pan-Africanism or Neo-Colonialism: The Bankruptcy of the O.A.U. (London: Zed Books, 1982).
154. For a good survey, see Norman Miller and Roderick Aya, eds., National Liberation: Revolution in the Third World (New York: Free Press, 1971). More theoretically, see “False Promises,” herein.
155. Neitschmann, “Fourth World”; George Manuel and Michael Posluns, The Fourth World: An Indian Reality (New York: Free Press, 1974). At least one writer has referred to the Fourth World as being a “Host World” upon which the other three have been constructed; Winona LaDuke, “Preface: Natural to Synthetic and Back Again,” in my Marxism and Native Americans (Boston: South End Press, 1983) pp. i–viii.
156. See Franz Shurmann, The Logic of World Power (New York: Pantheon, 1974); Jacqueline Stevens, Reproducing the State (Princeton, NJ: Princeton University Press, 1999).
157. Neitschmann, “Fourth World,” p. 240.
158. Ibid. For background, see Greg Urban and Joel Sherzer, Nation States and Indians in Latin America (Austin: University of Texas Press, 1991).
159. For a partial overview, see the map of China's “minority nationalities” in Walker Connor, The National Question in Marxist-Leninist Theory and Strategy (Princeton, NJ: Princeton University Press, 1984) p. 70.
160. Ibid., p. 116. For more on the Montagnards, see “False Promises,” herein.
161. For background, see Glenn T.Morris, and my “Between a Rock and a Hard Place: Left-Wing Revolution, Right-Wing Reaction, and the Destruction of Indigenous Peoples,” Cultural Survival Quarterly, Vol. 11, No. 3, Fall 1988.
162. On Chechnya, see Bradford L.Thomas, “International Boundaries: Lines in the Sand (and Sea),” in George J.Demko and William B.Wood, eds., Reordering the World: Geopolitical Perspectives on the 21st Century (Boulder, CO: Westview Press, [2nd ed.] 1999) p. 72. With respect to the smaller peoples, see Indigenous Peoples of the Soviet North (Copenhagen: IWGIA Doc. 67, 1990) esp. the map on pp. 6–7. On the nations which gained a measure of genuine independence as a result of the Soviet breakup, see Hélène Carrère d’Encausse, The End of the Soviet Empire: Triumph of the Nations (New York: Basic Books, 1992); Alexander J.Motyl, ed., The Post-Soviet Nations: Perspectives on the Demise of the USSR (New York: Columbia University Press, 1992).
163. Gerard Chaliand, ed., People Without a Country: The Kurds and Kurdistan (New York: Olive Branch).
164. Jonathan Bearman, Qadhafi's Libya (London: Zed Books, 1986); Tony Hodges, Western Sahara: Roots of a Desert War (Westport, CT: Lawrence Hill, 1983).
165. See the special-focus issue of Cultural Survival Quarterly (Vol. 9, No. 3, 1985) entitled “Nation, Tribe and Ethnic Group in Africa.” Also see Malcolm N.Shaw, Title to Territory in Africa: International League Issues (Oxford, U.K.: Clarendon Press, 1986).
166. Julian Burger, Report from the Frontier: The State of the World's Indigenous Peoples (London: Zed Books, 1987); Sadruddin Aga Khan and Hassan bin Talal, Indigenous Peoples: A Global Quest for Justice (London: Zed Books, 1987).
167. See Richard Falk, Predatory Globalization: A Critique (Cambridge, U.K.: Polity Press, 1999). Also see James H.Mittleman, ed., Globalization: Critical Reflections (Boulder, CO: Lynne Rienner, 1997), esp. Mittleman's own essay, “How Does Globalization Really Work?” pp. 229–41.
168. Frank Furedi, The New Ideology of Imperialism: Renewing the Moral Imperative (London: Pluto Press, 1994); Ash Narain Roy, The Third World in the Age of Globalization: Requiem or New Agenda? (London: Zed Books, 1999); James Petras and Henry Veltmeyer, Globalization Unmasked: Imperialism in the 21st Century (London/Halifax, N.S.: Zed Books/Fernwood, 2001). For further theoretical background, see Albert Szymanski, The Logic of Imperialism (New York: Praeger, 1981) esp. the chapters entitled “The Dynamic of Imperialism” and “The State and Military Intervention,” pp. 123–216.
169. For an interesting iteration of more or less the same perception, see Gustave Esteva and Madhu Suri Prakash, Grassroots Postmodernism: Remaking the Soil of Cultures (London: Zed Books, 1998). Also see John Zerzan, Elements of Refusal (Columbia, MO: C.A.L.Paleo Editions, [2nd ed.] 1999).
170. Jules Gerard-Libois, Katanga Secession (Madison: University of Wisconsin Press, 1966); Peter Schwab, ed. Biafra (New York: Facts on File, 1971).
171. Bernard Nietschmann, “The Third World War,” Cultural Survival Quarterly, Vol. 11, No. 2, 1987.
172. Isak Chisi Swu andTh. Muiva, Free Nagaland Manifesto (Oking: National Socialist Council of Nagaland, 1993). Much more broadly, see the special-focus issue of Cultural Survival Quarterly (Vol. 13, No. 2, 1989) entitled “India: Cultures in Crisis.”
173. Edith T.Mirante, “Ethnic Minorities of the Burma Frontiers and Their Resistance Organizations,” in Southeast Asian Tribal Groups and Ethnic Minorities (Cambridge, MA: Cultural Survival Report No. 22, 1987) pp. 59–71. Also see the special-focus issue of Cultural Survival Quarterly (Vol. 13, No. 4) devoted to the situation in Burma.
174. Democratic Peoples’ Liberation Front, “The Tamils in Sri Lanka,” IWGIA Newsletter, No. 58, Aug. 1989.
175. David Robie, Blood on Their Banner: Nationalist Struggles in the South Pacific (London: Zed Books, 1989).
176. Joseph Collins, The Philippines: Fire on the Rim (San Francisco: Food First Books, 1989) pp. 129–202.
177. John G.Taylor, Indonesia's Forgotten War: The Hidden History of East Timor (London/Sidney: Zed Books/Pluto Press, 1991).
178. Bernard Nietschmann, The Unknown War: The Miskito Nation, Nicaragua, and the United States (Lanham, MD: Freedom House, 1989). Also see Morris’ and my “Rock and a Hard Place.”
179. A good overview is provided in John K. Cooley's Unholy Wars: Afghanistan, America and International Terrorism (London: Pluto Press, [2nd ed.] 2000) pp. 174–84.
180. John Ross, The War Against Oblivion: The Zapatista Chronicles (Monroe, ME: Common Courage Press, 2000)!
181. Cyrus Ernesto Zirakzadeh, A Rebellious People: Basques, Protests, and Politics (Reno: University of Nevada Press, 1991); Joseba Zulaika, Basque Violence: Metaphor and Sacrament (Reno: University of Nevada Press, 1988); Robert P.Clark, Negotiating with ETA: Obstacles to Peace in the Basque Country, 1975–1988 (Reno: University of Nevada Press, 1990); John Sullivan, ETA and Basque Nationalism (London: Routledge, 1988).
182. On the “French Basques,” see Paddy Woodworth, Dirty War, Clean Hands: ETA, the GAL and Spanish Democracy (Cork, Eire: Cork University Press, 2001) esp. pp. 87–99. On the Bretons, Peter Berresford Ellis, The Celtic Revolution: A Study in Anti-Imperialism (Talybont, Wales: Y Lofta, 1985) pp. 54–75.
183. Padraig O’Malley, The Uncivil Wars: Ireland Today (Boston: Beacon Press, 1990); Ciaran de Baroid, Ballymurphy and the Irish War (London: Pluto Press, [2nd ed.] 2000).
184. On the construction of the English domain, see Michael Hector, Internal Colonialism: The Celtic Fringe in British National Development, 1526–1966 (Berkeley: University of California Press, 1975). On the liberation struggle, see Ellis, Celtic Revolution, pp. 28–53, 76–97, 134– 48. Also see H.J. Hanham, Scottish Nationalism (London: Faber & Faber, 1969); Gwynfor Evans, Fighting for Wales (Talybont, Wales: Y Lofta, 1991).
185. Ellis, Celtic Revolution, pp. 139–64.
186. See the map of Saamiland included in IWGIA Newsletter, No. 51/52, Oct./Dec. 1987, p. 84.
187. Jens Dahl, “Greenland: General election supports continuing decolonization,” IWGIA Newsletter, No. 51/52, Oct./Dec. 1987. For background, see Gudmunder Alfredsson, “Greenland and the Law of Political Decolonization,” German Yearbook on International Law, No. 25, 1982.
188. Geoffrey York and Linda Pindera, People of the Pines: The Warriors and the Legacy of Oka (Boston: Little, Brown, 1991); Janice G.A.E.Switlow, Gustafson Lake: Under Siege (Peachland, B.C.: TIAC Communications, 1997); Olive Patricia Dickason, Canada's First Nations: A History of Founding Peoples from Earliest Times (Norman: University of Oklahoma Press, 1992) pp. 414–15.
189. Leopold Kohr, The Breakdown of Nations (London: Routledge & Kegan Paul, 1957).
190. Robert D.Kaplan, The Coming Anarchy: Shattering the Dreams of the Post Cold War (New York: Random House, 2000). Kaplan and others of his ilk delight in pointing to the bloodbath in the former Yugoslavia as previewing far worse to come, were the statist system to disintegrate; see, e.g., Bogdan Denitch, Ethnic Nationalism: The Tragic Death of Yugoslavia (Minneapolis: University of Minnesota Press, 1994). Ignored altogether in such analyses are the facts that the animus provoking such bloodletting is a legacy of statist imposition on the one hand, and efforts to reimpose centralized state authority on the other.
191. Bennis, Calling the Shots, p. 274.
192. Leopold Kohr, The Overdeveloped Nations: The Diseconomies of Scale (New York: Schocken Books, 1978); James D.Cockcroft, Andre Gunder Frank and Dale L.Johnson, Dependence and Underdevelopment: Latin America's Political Economy (New York: Anchor, 1970); Neil Smith, Uneven Development: Nature, Capital and the Production of Space (Oxford, U.K.: Basil Blackwell, 1984); Samir Amin, Maldevelopment: Anatomy of a Global Failure (London: Zed Books, 1990). Overall, see Ian Roxborough, Theories of Underdevelopment (New York: Macmillan, 1979).
193. Frank Harrison, The Modern State: An Anarchist Analysis (Montréal: Black Rose Books, 1983); Robert Paul Wolff, In Defense of Anarchism (Berkeley: University of California Press, [2nd ed.] 1998); Christian Parenti, Lockdown America: Police and Prisons in the Age of Crisis (London: Verso, 1999).
194. As Antonio de Nebrija famously put it in 1492, language might be seen as “a perfect companion to empire” in the sense that the colonizer's imposition of his own tongue upon the colonized would serve to undermine the latter's cultural integrity and concomitant capacity to resist subordination; Patricia Seed, Ceremonies of Possession in Europe's Conquest of the New World, 1492–1640 (Cambridge, U.K.: Cambridge University Press, 1995) p. 8. By the 1880s, linguistic imposition had progressed to a program of systematically supplanting indigenous languages; Martin Carnoy, Education as Cultural Imperialism (New York: David McKay, 1974) esp. pp. 69–72; David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience, 1875–1928 (Lawrence: University Press of Kansas, 1995) esp. pp. 137–42. Today, it is estimated that fully half the world's 6,000-odd languages are in danger of disappearance within the next few years, and half the remainder over the coming generation.
195. Michael Albert and Robin Hahnel, Unorthodox Marxism: An Essay on Capitalism, Socialism and Revolution (Boston: South End Press, 1978) pp. 14–16.
196. Glenn T.Morris, lecture at Alfred University, Oct. 14, 1990 (tape on file). This is the same talk from which the epigraph used in this essay was taken.
197. On the concept of “Master Narratives”—also known as “Great” or “Grand” Narratives, as well as “metanarratives”—see Fredric Jameson, Political Unconscious: Narrative as Socially Symbolic Act (Ithaca, NY: Cornell University Press, 1981). In the sense the term is used here, it figures into the Gramscian notion of hegemony; see Walter Adamson, Hegemony and Revolution: A Study of Antonio Gramsci's Political and Cultural Theory (Berkeley: University of California Press, 1980) esp. pp. 170–79; Judith Butler, “Restaging the Universal: Hegemony and the Limits of Formalism,” in Judith Butler, Ernesto Laclau and Slajov Zizek, Contingency, Hegemony, Universality: Contemporary Dialogues on the Left (London: Verso, 2000) pp. 11–43.
198. Jürgen Habermas, Legitimation Crisis (Boston: Beacon Press, 1973).
199. Richard Falk, The End of World Order: Essays in Normative International Relations (New York: Holmes & Meier, 1983); esp. the essay entitled “Political Prospects, Cultural Choices, Anthropological Horizons,” pp. 315–36.
200. See, e.g., David Knight, “People Together, Yet Apart: Rethinking Territory, Sovereignty, and Identities,” in Demko and Wood, Reordering the World (2nd ed.), pp. 209–26.
201. Louis Snyder, Global Mini-Nationalisms: Autonomy or Independence? (Westport, CT: Greenwood, 1982).
202. Janet L.Abu-Lughod, Before European Hegemony: The World System, A.D. 1250–1350 (New York: Oxford University Press, 1989). For an overview of the transition to the current world system, see Wallerstein, Modern World-System, Mark Greenglass, ed., Conquest and Coalescence: The Shaping of the State in Early Modern Europe (London: Edward Arnold, 1991).
203. Kirkpatrick Sale, Human Scale (New York: Coward, McCann & Geoghegan, 1980); Dwellers in the Land: The Bioregional Vision (Philadelphia: New Society, 1991).
204. See Roger Moody, ed., The Indigenous Voice: Visions and Realities, 2 vols. (London: Zed Books, 1988). Also see “The New Face of Liberation” and “I Am Indigenist,” herein.
205. See Richard Falk, “Anarchy and World Order,” in his End of World Order, pp. 277–98. Also see Harvey Starr, Anarchy, Order, and Integration: How to Manage Interdependence (Ann Arbor: University of Michigan Press, 1999). For a more concrete exploration of how an anarchist arrangement of international relations might look in practice, see Juan Gómez Casas, Anarchist Organization: The History of the F.A.I. (Montréal: Black Rose Books, 1986).
1. In draft form, the law was listed as HR 2006 and sponsored by Colorado's Representative (later Senator) Ben Nighthorse Campbell, a Democrat (later Republican). Campbell's Senate cosponsor was Arizona Republican John Henry Kyl. Congressional passage occurred on Oct. 27. The 1990 Act radically expands the authority vested in the American Indian Arts and Crafts Board, established under the Act of Aug. 27, 1935 (25 U.S.C. § 305 and 18 U.S.C. §§ 1158 and 1159). On the latter, see generally, Robert Fay Schrader, The Indian Arts &Crafts Board: An Aspect of New Deal Indian Policy (Albuquerque: University of New Mexico Press, 1983).
2. The Native American Artists Association (NAAA) is a mainstay of enforcement with respect to arts and crafts production in the conventional sense. Ava Hamilton, President of the Native American Film Producers Association, makes it clear in public presentations that tribal enrollment—though not necessarily producing anything—is the “fundamental qualification” for membership. At its 1993 annual meeting in Phoenix, the Association of American Indian and Alaska Native University Professors passed a resolution on “ethnic fraud” demanding that institutions of higher learning “require documentation of enrollment in a state or federally recognized nation/tribe” of all native faculty. The same year, a panel presentation conducted during a meeting of the American Council on Education in Houston was geared to imposing the same criteria upon the admission of college students.
3. Norbert S.Hill, Jr., former Executive Director of the American Indian Science and Engineering Society (AISES) confirms that such discussions have occurred “for years,” but that the organization has not adopted a firm policy on the matter. Other organizations at issue here include the Native American Journalists Association and American Indian Education Association.
4. Suzan Shown Harjo, talk at the Biannual Atlatl Conference, Minneapolis, Oct. 24, 1992 (tape on file). The position is entirely consistent with Harjo's advocacy during the 1980s, the period in which she served as executive director of the National Congress of American Indians, of a “Native American Cultural Rights Act” which would have banned virtually any “unauthorized” identification by individuals as Indians; Gail K.Sheffield, The Arbitrary Indian: The Indian Arts and Crafts Act of 1990 (Norman: University of Oklahoma Press, 1997) p. 52. Similarly, Mohawk painter Richard Glazer Danay, who doubles as U/Cal Riverside instructor and member of the federal Indian Arts and Crafts Board, has argued vehemently that the law should be applied “to anyone who calls themselves Indian without any sort of proof or documentation”; Jonathan Tilove, “Who's an Indian Artist?” Newhouse News Service, Mar. 25, 1993. Ironically, since his lineage traces to the Caughnawaga Reserve in Canada, Danay himself cannot enroll in conformity with the 1990 Act. Whether he actually believes this makes him a “nonindian” has gone somewhat conveniently unaddressed.
5. The argument is well made in “Federal Indian Identification Policy: A Usurpation of Indigenous Sovereignty in North America,” M.Annette Jaimes’ contribution to her The State of Native America: Genocide, Colonization and Resistance (Boston: South End Press, 1992) pp. 123–38. A comparable position was articulated by Seneca photographer Jolene Ricard in a telephone interview conducted in Nov. 1997.
6. Panel discussion, Biannual Conference of Atlatl, Minneapolis, Oct. 23, 1992 (tape on file). According to federal census data and Department of Labor statistics, American Indians comprise the single most impoverished population aggregate in the U.S.; for a good overview, see Teresa L. Amott and Julie A.Matthaei, Race, Gender and Work: A Multicultural History of Women in the United States (Boston: South End Press, 1991) Chap. 3.
7. See, e.g., the angry exchanges published in News From Indian Country during 1994 and ’95.
8. The Five Civilized Tribes Museum in Muskogee was also forced to close; Lyn Nichols, “New Indian Art Regulations Shut Down Muskogee Museum,” San Francisco Chronicle, Dec. 3, 1990. See also, “Congress’ Help Hurts Indians,” McAlester News-Capital & Democrat (Okla.), Dec. 21, 1990.
9. On the tradition of resistance among Cherokees, see Robert K.Thomas, “The Redbird Smith Movement,” in W.N.Fenton and John Gulick, eds., Symposium on Cherokee and Iroquois Cultures (Washington, D.C.: Bureau of American Ethnology Bulletin 180, 1960); Albert L. and Jane Lukans Wahrhaftig, “New Militants or Resurrected State? The Five County Northeastern Cherokee Organization,” in Duane King, ed., The Cherokee Nation, A Troubled History (Knoxville: University of Tennessee Press, 1979); Janey B.Hendrix, RedBird Smith and the NightHawk Cherokees (Park Hill, OK: Cross-Cultural Education Center, 1983).
10. As then-Cherokee Principal Chief Wilma Mankiller put it at the time, the Dawes Rolls, upon which the current rolls of the Cherokee Nation of Oklahoma (CNO) are explicitly based, could be viewed quite reasonably as having been a federal “tool of oppression.” This has been generally understood by all Cherokees, including those who enrolled, and means of accommodating resisters were quickly developed. “An Indian is an Indian,” Mankiller concluded, “regardless of the degree of Indian blood or which little government card they do or do not possess”; quoted in Donna Hales, “Selling Bogus Indian Art is Illegal,” Muskogee Daily Phoenix (Okla.), Sept. 3, 1990. Aside from enrollment, posthumous or otherwise, one means by which the CNO sought to circumvent the 1990 law's constraints upon their own traditionally inclusive manner of acknowledging Cherokee identity was by issuing letters on the Nation's official stationery vouching for the ethnic bona fides of those unable or unwilling to enroll; Wilma Mankiller, “Buyers Have Final Say on Indian Art,” Muskogee Daily Phoenix, Dec. 21, 1990.
11. To quote Rorex, “Both my mother and father are descended from two of the many Indian families who refused the mark of the government. The legacy I received from my ancestors was not denial of my heritage, but distrust of ‘government aid.’ I almost have to thank this new bill for truly opening my eyes. I now have a better understanding of what my people gave me—they gave me independence”; quoted in Sheffield, Arbitrary Indian, pp. 111–12.
12. Several other Cherokee Master Artists are also unenrolled; Donna Hales, “Tribe Touts Unregistered Artists,” Muskogee Daily Phoenix (Okla.), Sept. 3, 1990.
13. On Durham's art, see Lucy R.Lippard, “Jimmie Durham: Postmodernist ‘Savage’,” Art in America, Feb. 1993; Laura Mulvey, Dirk Snauwaert and Mark Alice Durant, Jimmie Durham (London: Phaidon, 1996). For a good selection of his theoretical work, see Jimmie Durham, A Certain Lack of Coherence: Writings on Art and Cultural Politics (London: Kala Press, 1993).
14. Ultimately, Durham was prompted to prepare a sardonic “Artist's Disclaimer” with which he attended his exhibitions: “I hereby swear to the truth of the following statement: I am a full-blood contemporary artist, of the sub-group (or clan) called sculptors. I am not an American Indian, nor have I ever seen or sworn loyalty to India. I am not a ‘Native American,’ nor do I feel America has any right to name or un-name me. I have previously stated that I should be considered mixed blood: that is, I claim to be a male but in fact only one of my parents was male.”
15. The nature of the process leading to the “alternative exhibition” was described by Dennis Jennings, one of the key organizers, on his KPFA radio program “Living on Indian Time” during the fell of 1991 (tape on file).
16. Coinage of the terms “identity police” and “purity police” has been claimed by one of the group's primary leaders, Carole Standing Elk, putative head of a Bay Area entity dubbed “Center for the SPIRIT” and board member of a federally subsidized Minnesota-chartered corporation calling itself “National American Indian Movement, Inc.”; Vince Bielski, “Trail of Blood: Activists and Artists Under Attack as American Indian Movement Splits in Bitter Ancestry Dispute,” San Francisco Weekly, Oct. 6, 1993.
17. Because of the severity and persistence of their disruptions, Standing Elk and her colleagues were at one point simultaneously enjoined by separate court orders from either setting foot on the San Francisco State campus or attending further meetings of the school district's Title- V Parents Committee. A firm sense of what transpired has been obtained through conversations and interviews with Dr. Betty Parent, former chair of Native American Studies at the university, KPFA programmer Cathy Chapman, KPFA fundraiser Bob Baldock, former Leonard Peltier Defense Committee International Spokesperson Bobby Castillo, community organizers George Martin and Paul Schultz, local speakers bureau coordinator Jean Caiani, and others.
18. The group had announced that it would not allow the clinic to reopen until such time as a list of demands concerning the enrollment status of staff and advisory board members was met. One client, when turned away during an attempt to see his counselor, promptly went home and resolved his sense of deep depression by committing suicide; Castillo interview.
19. The source of this statement, fearing that she herself will be targeted if her name is used, has asked that her confidentiality be protected.
20. The same criteria apply as in note 19.
21. Unlike the Phoenix-based Atlatl and other associations of indigenous artists, which were formed for networking and other constructive purposes, the NAAA's mission statement makes it clear that the organization was created solely for the purpose of “investigating fraudulent misrepresentation by artists claiming to be Indians”; Sheffield, Arbitrary Indian, pp. 51, 94.
22. “Who the fuck are these people that I should have to show them anything at all?” demands Guerrero, still incensed by what he describes as the “arrogance and stupidity” displayed by Bradley and other NAAA members. “And what the hell is a Chicano if not an Indian? What are these fools thinking, that everybody south of the Río Grande came from Spain? I am who I am, and who I am is an indigenous person. That would still be just as true, even if I didn’t have this silly little identity card from the government ‘confirming’ it.”
23. The incident is recounted by Peltier's cousin, Bob Robideau, an enrolled Turtle Mountain Chippewa, who was attending the Institute at the time; Robideau interview, Dec. 1994 (notes on file).
24. Gerald R.McMaster, “Border Zones: The ‘Injun-uity’ of Aesthetic Tricks,” Cultural Studies, Vol. 9, No. 1, 1995, p. 75. The demand that Durham not only be removed from the show, but that he be replaced by someone from NAAA's own ranks seems to be a standard objective, and a matter belying the organization's frequent profession of more altruistic motives.
25. E-mail correspondence from Alfred Young Man, also known as “Eagle Chief,” Jan. 1997 (copies on file).
26. See the three-part series by ICT staff writer Jerry Reynolds, “Indian writers: the good, the bad and the could be,” run in Indian Country Today, Sept.-Oct. 1993.
27. See various of the items published under the general heading of “AIM Paper Wars” in News From Indian Country during the years in question.
28. E.g., Tim Giago, “Colorado Indian leaders clash with national AIM,” Boulder Daily Camera, Mar. 4, 1994; the column ran in 54 papers nationally during the same week.
29. See my “Nobody's Pet Poodle: Jimmie Durham, an Artist for Native North America,” Indigenous Thought, Vol. 1, Nos. 4–5, Oct. 1991; the essay was subsequently reprinted in Crazy Horse Spirit and Z Magazine (Jan. 1992), and is included in my 1994 collection, Indians Are Us? Culture and Genocide in North America (Monroe, ME: Common Courage Press). It is from the latter source that subsequent references will be made.
30. For background, see Scott B.Vickers, Native American Identities: From Archetype to Stereotype in Art and Literature (Albuquerque: University of New Mexico Press, 1998) pp. 164–65. Although Vickers is correct in his conclusions, he errs in several matters of fact. Among them is the idea that I share my Keetoowah enrollment status with Bill Clinton. For the record, I am enrolled as a Associate Member of the Band, meaning that I am a “certified” Cherokee who, as a nonresident, neither votes nor holds office. Clinton, on the other hand, has been awarded an honorary membership, meaning that he is a non-Cherokee friend of the Band.
31. The precipitating article in Boulder was publication of Jodi Rave's “Few who know Churchill are indifferent: Some critics question CU prof's ‘Indianness’” in a local paper, the Colorado Daily, on Nov. 23, 1993. This triggered a veritable avalanche letters to the editor from around the country over the following three months, prominently including Carole Standing Elk, David Bradley, and other key supporters of the 1990 Act (tellingly, locally-originating letters of response were overwhelmingly supportive of me). Impressions that this was a well-orchestrated campaign rather than a “spontaneous” outpouring of sentiment were strongly reinforced when it was learned that Ms. Rave's presence at the University of Colorado had been made possible in part by a grant from Suzan Harjo's Morningstar Foundation.
32. Written statements of Gregg Bates, Common Courage Press, Mar. 1994; Cynthia Peters, South End Press, Mar. 1994.
33. Written statement of Jean Caiani, Speak Out!, Oct. 1993; letter from Ellie Deegan, K&S Speakers, Mar. 13, 1994. There have been four instances in which my speaking engagements have been canceled. First, at the University of New Hampshire in 1994, the institution caved in to pressure and replaced me with Clyde Bellecourt, whose presentation was so weak that, to my knowledge, the university has never invited another indigenous speaker. Second, at Bowling Green State University in 1995, I was replaced by a relatively unknown and inexperienced—and by that definition, “non-controversial”—native woman from Wisconsin. That was fine in and of itself, except that the event at which she spoke was a twentieth anniversary celebration of the founding of the Ethnic Studies Department on that campus. The other minorities were bringing in heavy hitters like Cornell West for the occasion and in that juxtaposition she was completely overshadowed. So, there was effectively no native voice at all. In the third example, at Florida State in 1997, a student organization was persuaded not to bring me in. The result was that a Euroamerican speaker, Michael Albert, was invited instead. And finally, there's the university up at Sault Ste. Marie, Michigan, where I was first invited, then disinvited and never replaced. Hence, a demonstrable loss was suffered by native people in each and every instance where the identity cops were successful.
34. Giago, “Colorado Indian leaders”; Reynolds, “Indian Writers.”
35. It is impossible to provide anything resembling adequate citation in this connection. Dark Night field notes, a Chicago publication, maintains a voluminous but decidedly incomplete hard copy file on these internet postings. See generally, Glen Martin, “Internet Indian Wars,” Wired, No. 3, 1995.
36. The group consisted of Vernon Bellecourt, CEO of Minneapolis-based “National AIM, Inc.”; Margaret Martinez (aka, “Cahuilla Red Elk”), National AIM's delegate in Colorado Springs; and one unidentified student from the Colorado Springs campus of the University of Colorado who claimed to be “uncomfortable” with the fact that I was on the Boulder faculty, 100 miles away. Instructively, no representative from my own campus accompanied the group despite the meeting's highly confidential nature. By his own account, then-Chancellor James Corbridge, previously and currently professor of law, explained that “ethnic fraud” did not constitute an actionable category of behavior; Churchill investigation file.
37. According to Dr. Evelyn Hu-DeHart, who was assigned to coordinate the investigation, “it rapidly became obvious that there was no basis whatsoever for the charges. Far from misappropriating funds, either directly or by misuse of institutional resources, it turned out that Ward consumed the least of any faculty member on campus. The rating of his performance by students in his courses, which occurs at the end of every semester, had been in the top five percent of all faculty for five solid years. It's important to note that very nearly a thousand students were involved in submitting these evaluations, which are anonymous, and there was not so much as a hint of complaint about ‘physical intimidation.’ The only concrete allegation in this respect was submitted, not by a student, but by Suzan Harjo, and it turned out to have no basis according to Vine Deloria, Jr., and other witnesses. What can I say? We not only exonerated Churchill, but I recommended him for promotion to full professor, based upon what we’d found”; Hu-DeHart, Oct. 1997.
38. Carole Standing Elk, for one, played to the hilt the fact that I was under investigation—a circumstance the investigative file reveals she secretly helped precipitate via a communication to the university administration accusing me of “financial malfeasance”—in her public statements. In her memorandum concluding the university's scrutiny of my activities, Hu-DeHart observed that the entire affair appeared to have been “carefully orchestrated” by a “relatively small group of individuals,” all “loosely affiliated with one another” and “united in this instance by a common desire to discredit Professor Churchill because of personal or political disagreements with him.” She went on to question whether an investigation had been warranted in the first place, insofar as “it would have seemed entirely reasonable to doubt that persons residing in locations as remote from the university as San Francisco, Minneapolis, Santa Fe, Oklahoma and Washington, D.C., might have been in a position to have had any factual basis for the allegations at issue.” She concluded by recommending that the institution take steps to protect its personnel from the effects of such “gratuitous allegations” in the future; Churchill investigation file.
39. The new books have included Since Predator Came: Notes from the Struggle for American Indian Liberation (Littleton, CO: Aigis, 1995); From a Native Son: Essays in Indigenism, 1985–1995 (Boston: South End Press, 1996); A Little Matter of Genocide: Holocaust and Denial in theAmericas, 1492 to the Present (San Francisco: City Lights, 1997); Pacifism as Pathology: Reflections on the Role of Armed Struggle in North America (Winnipeg: Arbeiter Ring, 1998); Islands in Captivity: Findings of the International Tribunal on the Rights of Indigenous Hawaiians, 3 vols. (Cambridge, MA: South End Press, 2002), and Indians Are Us? A new, revised and expanded edition of my 1993 Fantasies of the Master Race was published by City Lights in 1998; Arbeiter Ring did the same with Struggle for the Land in 1999. In 1996, Indians Are Us? was translated into French and published under the title Que Sont les Indiens Devenues? by Editions du Rocher (Monaco). A new English language edition of Indians, revised and expanded, is among those currently in press.
40. It is true that the rate at which I’ve delivered public lectures has fallen off dramatically since 1992. It should also be noted, however, that before that I was very much involved in the debate concerning the proposed Columbian Quincentennial Celebration. In 1991, I spent more than 200 days on the road speaking in opposition to it. Such a pace could not be sustained, nor did I desire to try. My present schedule of delivering no more than three invited lectures per month during the academic year is about right, given my other responsibilities.
41. Any such outcome would simply exacerbate the chronic and oft-bemoaned underrepresentation of both Indians and Indian-oriented content in most U.S. educational institutions. See generally, Jorge Noriega, “American Indian Education in the United States: Indoctrination for Subordination to Colonialism,” Jaimes, State of Native America, pp. 371– 402.
42. Cited and analyzed in Sheffield, Arbitrary Indian, pp. 21–22.
43. 19 U.S.C.A. § 1304. Although native craftspeople have long requested that the Tariff Act be revised to require that import labels be affixed in some permanent fashion, and an Omnibus Trade Act passed in 1988 did in fact mandate such revisions, federal regulations still allow easily removable stick-on labels to be used on such things as “Indian” jewelry and beadwork. This is undoubtedly because of strong opposition to implementation expressed by the National Jewelers Association and several other interested groups.
44. Quoted in Sheffield, Arbitrary Indian, p. 93. For solid elaboration and analysis of the dynamics underlying such statements, see Joanne Nagel, “Resource Competition Theories of Ethnicity,” American Behavioral Scientist, No. 38, 1995.
45. Sheffield, Arbitrary Indian, p. 93.
46. Rep. Ben Nighthorse Campbell, “The Ken Hanlon Show,” radio station KOA, Denver, Feb. 1990 (tape on file). How many millions “a few” might be is of course open to interpretation. My own best guess in this regard is that Campbell meant less than ten.
47. Among other things, “Freesoul,” who heads something called the “Redtail Intertribal Society,” claims to be the “official pipe maker of the Cheyenne-Arapaho Tribe in Oklahoma” (which has no such position). The case is profiled by Susan D.Atchison in her “Who Is an Indian, and Why Are They Asking?” Business Week, Dec. 26, 1988, p. 71.
48. Pletka is of eastern European descent and has always openly identified himself as such.
49. See, e.g., Joan Frederick, T.C.Cannon: He Stood in the Sun (Flagstaff, AZ: Northland, 1995); Joshua C.Taylor, et al., Fritz Scholder (New York: Rizzoli, 1982); Doris Monthan, R.C.Gorman: A Retrospective (Flagstaff, AZ: Northland, 1990).
50. This is a point made by Mankiller in her “Buyers Have Final Say on Indian Art.” It is also a lesson learned the hard way by none other than the NAAA's David Bradley, who spent considerable time and energy during the early-90s attacking the “ethnic credentials” of Randy Lee White, an unenrolled mixed-blood Comanche artist with whom he shared space in Santa Fe's Elaine Horwitch Gallery, and whose thematically native work outsold Bradley's by a considerable margin. Finally successful in driving his only Indian competitor out of the gallery, Bradley was forced to watch White relocate to Los Angeles and resume his highly successful career—this time without reference to his heritage, and absent indigenous thematics—while Bradley's own sales actually declined.
51. Interview, conducted in Tahlequah, Okla., Oct. 1997; name withheld at the artist's request. “I’ve got work to do,” he says, “and if my name gets printed in this connection, I’m going to end up spending all my time dodging snipers. I really don’t need the headache.”
52. A more extensive list of such individuals is provided in my “Spiritual Hucksterism: The Rise of the Plastic Medicine Men,” in From a Native Son, pp. 355–66. It should be noted that this short essay, first published in a 1990 issue of Z Magazine, includes as attachments the texts of a 1980 resolution of the Traditional Elders Circle and a 1984 AIM resolution condemning such practices.
53. Instead, they typically claim to be the “medium” through which some indigenous “spirit” has elected to speak and/or the “messenger” through which a “traditional native shaman,” usually invented, has decided to communicate with the “outside world” of nonindians; see, e.g., Richard de Mille, Castaneda's Journey: The Power and the Allegory (Santa Barbara, CA: Capra Press, 1976); The Don Juan Papers: Further Castaneda Controversies (Santa Barbara, CA: Ross- Erikson, 1980).
54. A major exception to this rule is “Jamake Highwater,” a purported “Blackfoot/Cherokee” whose books on native art and “the primal mind” of indigenous people became bestsellers. Highwater eventually admitted that in a previous incarnation he’d been “J.Marks,” a nonindian dance choreographer and biographer of Mick Jagger. Ultimately, it was revealed by Assiniboin/Sioux researcher Hank Adams that Marks himself was in fact Gregory Markopoulis, a Greek immigrant and failed cinematic follower of avant garde filmmaker Kenneth Anger. Fittingly, in light of his true origins, it was also demonstrated that his expositions on “native philosophy” were merely repackagings of Greek mythology; Hank Adams, Cannibal Green, unpublished manuscript § 1984 (full copy on file; excerpts published in Akwesasne Notes during 1984–85). For Markopoulis/Marks/Highwater's own view, see his “Second Class Indians,” American Indian Journal, No. 6, 1980.
55. My own case has already been discussed. Primarily at issue in the present connection is the credibilty of my Fantasies of the Master Race and Indians Are Us?, books containing what are arguably some of the strongest critiques yet published with respect to the New Age and plastic medicine man phenomena. (It is noteworthy that even Carole Standing Elk's Center for the SPIRIT saw fit to “borrow” from me when preparing its own 1993 position paper on such matters; Indians Are Us?, pp. 279–81.) Rayna Green's “The Tribe Called Wannabe,” published in Folklore (Vol. 9, No. 1, 1988), fits very much the same mold. Nonetheless, and despite having been issued a letter certifying her Cherokee identity by Chief Mankiller (see note 10), Green was herself publicly branded as a “wannabe” by Suzan Harjo in 1991. Most astonishingly, Harjo's blatant override of Cherokee sovereignty was couched in terms of “upholding Indian sovereignty” more generally.
56. Stephen Harrod Buhner, one spirit, many peoples: a manifesto for earth spirituality (Niwot, CO: Roberts, Rinehart, 1997).
57. James J.Kilpatrick, “Government Playing the Indian Game,” syndicated column § 1992, distributed by the Thomas Jefferson Center, Charlottesville, VA.
58. Mankiller, “Buyers Have Final Say.”
59. Ibid.
60. Herman J.Viola, Ben Nighthorse Campbell: An American Warrior (New York: Orion Books, 1993) p. 191. It should be noted that this is Campbell's approved biography, used by his campaign committee to promote his candidacy during his last race; David Brinkley, “Campbell to throw his book at the public,” Rocky Mountain News, Dec. 10, 1993.
61. Viola, Ben Nighthorse Campbell, pp. 169–70. Instructively, although he now claims to believe such activities are so wrong as to warrant million dollar fines and years of imprisonment, he has never offered to divest himself of his own “ill-gotten gains.” On the contrary, he is paving the way for his two children, Colin and Shanan—neither of whom is enrolled, nor even enrollable as things stand—to carry on the family business; ibid., p. 193.
62. Ibid., p. 191.
63. As official biographer Viola admits at p. 104, as of 1993 the “only documentary genealogical evidence in Campbell's possession is a badly tattered [and altered] copy of his fathers Army discharge.” There follows 25 pages of “what if's” and “maybe so's,” culminating in an observation at p. 125 that, in the end, “Campbell himself has no way of knowing” whether he's really related to the Cheyennes he posits as relatives. Whatever else may be said of Ben Campbell's saga—and there's actually much with which to redeem it—it's most certainly not evidence that “tracing [one's] background” should be “no problem” for many or even most diasporic native people. Quite the reverse.
64. Al Knight, “The government has no business deciding the purity of Indian art,” Denver Post, Mar. 28, 1991. It should be noted that earlier press statements from Campbell's office had stated he was “three-eighths Indian.”
65. Leah Renae Kelly, unpublished research paper, citing Viola, Ben Nighthorse Campbell, pp. 108, 112–14, 128–29.
66. Viola, Ben Nighthorse Campbell, p. 123.
67. Ibid., pp. 128, 139, 142.
68. Ibid., p. 141.
69. According to Smithsonian Institution employee Rayna Green, Harjo was enrolled at Southern Cheyenne during the mid-1980s at the behest of tribal official Richard West, with whom she was collaborating on a project to relocate the Museum of the American Indian from New York to Washington, D.C.; Churchill interview. For characterization of Harjo as a “prime mover,” seeTilove, “Who's an Indian Artist?” Also see Steven Rosen, “Airport ‘Tribute’ Art Project Takes Heat on Indian Entrants,” Denver Post, Mar. 28, 1993.
70. The denial was made in a letter to Indian Country Today published on Dec. 8, 1993.
71. Suzan Shown Harjo, “Legislation Stiffens Art Authenticity Laws,” Lakota Times, Sept. 11, 1991.
72. It has recently been revealed, for instance, that National AIM CEO Vernon Bellecourt and his brother Clyde are “essentially Frenchmen, possessing only 1/32 degree of Indian blood”; Joe Geshick, “Integrity of Bellecourt Brothers called into question again,” Ojibwe News, Feb. 18, 1994. Tim Giago, publisher of Indian Country Today, to take another prominent example, has long been accused by many on the Pine Ridge Reservation of being “a Chicano who snuck onto our roll.” For Giago's response when he himself has been the target of his own techniques, see “Blood Quantum is a Measure of Discrimination,” in his Notes From Indian Country (Pierre, SD: State Publishing Co., 1984), p. 337.
73. See, e.g., the quotes deployed in Sheffield, Arbitrary Indian, pp. 93–94.
74. Quoted in Viola, Ben Nighthorse Campbell, pp. 182–83, 193.
75. J.J.Brody, “The Creative Consumer: Survival, Revival and Invention in Southwest Indian Arts,” in Nelson H.H.Graburn, ed., Ethnic and Tourist Arts (Berkeley: University of California Press, 1976), pp. 82–83. For a fuller exposition of the thesis, see Brody's Indian Artists, White Patrons (Albuquerque: University of New Mexico Press, 1971). It should be noted that Brody's analysis is entirely consistent with Luisaño artist Fritz Scholder’ observation that, as he himself attained prominence, “everybody started to call me an Indian Artist—which I have never called myself… To tell the truth, I don’t know what Indian Art is.” Scholder considers the major influences upon his painting, including his acclaimed depictions of American Indians, to be the Euroamericans Wayne Thiebaud and Richard Diebenkorn, as well as English painter Francis Bacon; Clinton Adams, Fritz Scholder: The Lithographs (Boston: New York Graphic Society, 1975), pp. 13, 19.
76. As with Campbell, one is inclined to sympathize with Bradley's plight, signifying as it does the experience of all too many “detribalized” Indians in North America. However, as is also the case with Campbell, Bradley's blatant propensity to seek to compensate for his own resulting sense of insecurity by deliberately compounding the suffering of those in comparable circumstances simply cannot be justified or excused.
77. Quoted in Sheffield, Arbitrary Indian, p. 51. How Bradley manages in his own mind to make the leap from a plurality of indigenous “nations” to the singularity of an indigenous “nation” is mysterious, to say the least. It is, however, quite consistent with the totalizing federal impulse to arrive at handy “one definition fits all” formulations concerning Indians.
78. Ibid., pp. 51–52. To put it more succinctly, as Tim Giago did in an editorial in the Mar. 12, 1991 issue of his Lakota Times, “before you can truly be considered an Indian you must become an enrolled member of a tribe.” He then goes on to complete the circle by offering his belief that “most Indians”—whom he's already defined as consisting exclusively as enrollees —“would agree that this is the only way you can truly be accepted as Indian.” In actuality, however, a significant portion of the enrolled population don’t agree at all.
79. Sheffield, Arbitrary Indian, p. 51.
80. For analysis, see my “Naming Our Destiny: Toward a Language of American Indian Liberation,” in Indians Are Us?, pp. 291–355.
81. See my “Subterfuge and ‘Self-Determination’: Suppression of Indigenous Sovereignty in the 20th Century United States,” Z Magazine, May 1997.
82. Under Article I, Section 10, the U.S. Constitution both reserves treatymaking as an exclusively federal prerogative, and constrains the federal government itself from entering into treaty relations with any entity below its own level of political sovereignty. In effect, the U.S. government is authorized to treat only with the governing authorities of other nations, never with individuals, corporations, community organizations, local or provincial governments, racial/ethnic/gender groups or “tribes.”
83. 430 U.S. 641, 645–47 (1977). For clarification, see Rennard Strickland and Charles Wilkinson, eds., Felix S.Cohen's Handbook on Federal Indian Law (Charlottesville, VA: Michie Bobbs Merrill, 1982) p. 654.
84. Sheffield, Arbitrary Indian, p. 134.
85. For a good overview of why this is so, the reader is referred to the voluminous compilation of extracts edited by John Hutchinson and Anthony D.Smith and published under the title Ethnicity (New York: Oxford University Press, 1996). With specific regard to Indians, see Joanne Nagel, American Indian Ethnic Renewal: Red Power and the Resurgence of Identity and Culture (New York: Oxford University Press, 1996).
86. This is a point made by Cherokee painter and Cornell University professor Kay Walkingstick, who contends that while a certain range of rights, benefits and entitlements should—and do—accrue exclusively to those on the rolls of indigenous nations by virtue of their status, monopolization of the terms of native identity is by no means one of them; quoted in Tilove, “Who's an Indian artist?”
87. For a poignant exposition on this theme, see Patricia Penn Hilden, When Nickels Were Indians: An Urban Mixed-Blood Story (Washington, D.C.: Smithsonian Institution Press, 1995).
88. Kimberly Craven, former aide to Campbell and staunch defender of the Act, explicitly described it as an “intellectual property law” during a “Sovereignty Symposium” conducted in the Oklahoma State Senate chambers on Jan. 15, 1991; video recording, Oklahoma Historical Society Archives, Oklahoma City, OK. The term “marketable commodity” was used several times during the earlier-mentioned Atlatl panel discussion (note 6).
89. Sheffield, Arbitrary Indian, p. 130.
90. Ibid., p. 138.
91. Santa Clara Pueblo v. Martinez (436 U.S. 49, 98 S. Ct. 1670 (1978)). In this case, an enrolled Santa Clara woman who married an enrolled Navajo sued in federal court after the Pueblo's government denied enrollment to her children on the basis of her “out marriage.” Ms. Martinez argued that since the tribal government duly enrolled offspring of out-married Santa Clara men, it stood in violation of the Equal Protection provision of the Indian Civil Rights Act of 1968 (P.L. 90–284, 25 U.S.C.A. §§ 1301–41). The court ruled that, since determination of its membership was “the internal prerogative of each Indian tribe,” the inequitable conduct of the tribal government was in this instance protected by the doctrine of sovereign immunity. Kimberly Craven, for one, has stated flatly that the 1990 Act was drafted with the Martinez precedent in mind (“Sovereignty Symposium”).
92. A tidy survey of enrollment criteria is offered by Russell Thornton in his American Indian Holocaust and Survival: A Population History Since 1492 (Norman: University of Oklahoma Press, 1987) Chap. 8. More broadly, but less accessibly, see Thornton's “Tribal History, Tribal Population and Tribal Membership Requirements” (Chicago: Newberry Library Research Conf. Rpt. No. 8, 1987). C.Matthew Snipp also includes considerable information as Appendix 1 in his American Indians: The First of This Land (New York: Russell Sage Foundation, 1989). Snipp's data is extracted from an unpublished table prepared by Edgar Lister for the Indian Health Service under the title “Tribal Membership Rates and Requirements” (Washington, D.C.: U.S. Dept. of Health and Human Services, 1987).
93. Jerome A.Barrons and C.Thomas Dienes, Constitutional Law in a Nutshell (St. Paul, MN: West, [2d ed.] 1991) p. 218.
94. Sheffield, Arbitrary Indian, p. 158.
95. See generally, Janet A.McDonnell, The Dispossession of the American Indian, 1887–1934 (Bloomington: Indiana University Press, 1991).
96. Sen. Jeff Bingaman, “Address to the Senate on the Arts and Crafts Act of 1990,” Congressional Record, Vol. 137, Pt. 1, Nov. 26, 1991, pp. S.18150–3.
97. Ibid., p. S.18152.
98. Ibid., p. S.18153.
99. Quoted in Sheffield, Arbitrary Indian, p. 113. Cornsilk habitually identifies himself in this fashion, and, in 1993, was described in print as a “genealogist for the Cherokee Nation of Oklahoma”; Rave, “Few who know Churchill.” According to the CNO enrollment office, however, he “does not now, nor has he ever held such a position.” In reality, he was at the time an admissions assistant at Bacone College; Nagel, Ethnic Renewal, p. 239. As was mentioned earlier, fraud can assume many forms.
100. Cornsilk is at least straightforward. “I don’t believe in the right to self-identification” under any circumstances, he says flatly; quoted in Nagel, Ethnic Renewal, p. 239. He is also prone to spewing blanket disparagements of the ancestors of those currently unenrolled. They “were ashamed,” he asserts, without offering the least substantiation, “hid among the whites and participated in the oppression of the tribal Indians”; quoted in Sheffield, Arbitrary Indian, p. 113.
101. Ibid., p. 100. Along with Sheffield (p. 153), and Webster's Third New International Dictionary, I take “arbitrary” to mean a “random or convenient selection or choice…arising from unrestrained exercise of will, caprice, or personal preference…rather than reason or nature.”
102. U.S. Senate, Select Committee on Indian Affairs, Hearings on an Act to Transfer Administrative Consideration of Applications for Federal Recognition of an Indian Tribe to an Independent Commission (Washington, D.C.: 102d Cong., 1st Sess., Oct. 22, 1991) p. 105.
103. See, e.g., Calvin L.Beale, “An Overview of the Phenomenon of Mixed Racial Isolates in the United States,” American Anthropologist, Vol. 74, No. 3, 1972; Susan Greenbaum, “What's in a Label? Identity Problems of Southern Indian Tribes,” Journal of Ethnic Studies, Vol. 19, No. 2, 1991.
104. See generally, Donald L.Fixico, Termination and Relocation: Federal Indian Policy, 1945–1960 (Albuquerque: University of New Mexico Press, 1986). On treaty rights, see Menominee Tribe v. U.S. (388 F.2d 988, 1000 [Ct. CL. 1967], aff’d, 391 U.S. 404 (1968)).
105. See, e.g., David L. Ghere, “The ‘Disappearance’ of the Abenaki in Western Maine: Political Organization and Ethnocentric Assumptions,” American Indian Quarterly, Vol. 17, No. 2, 1993. As of March 1996, there were 179 pending applications for federal recognition; U.S. Department of Interior, “Summary Statement of Acknowledgment Cases” Washington, D.C.: Bureau of Indian Affairs, Branch of Acknowledgment and Research, Mar. 22, 1996). This is consistent with earlier estimates that only about half of all potentially eligible groups had even bothered to apply; Frank W.Porter III, “An Historical Perspective on Non- Recognized American Indian Tribes,” in his Non-Recognized American Indian Tribes: An Historical and Legal Perspective (Chicago: Newberry Library Occasional Papers No. 7, 1983) p. ii. It should be noted that the federal courts have held that absence of formal political recognition by the U.S. is not to be taken as evidence that a native people “is not a tribe in the ordinary sense” of culture and ethnicity; Joint Tribal Council of the Passamaquoddy Tribe v. Morton, 528 F.2d 370 (1st Cir. (1975)).
106. U.S. Department of Commerce, Bureau of the Census, Economics and Statistics Division, U.S. Census of Population: General Population Characteristics, United States (Washington, D.C.: U.S. GPO, 1990) p. 3; Census Bureau Releases: 1990 Census Counts on Specific Racial Groups (Washington, D.C.: U.S. GPO, 1992) Table I; Lister, “Tribal Membership Data.”
107. U.S. Department of Commerce, Bureau of the Census, Economics and Statistics Division, 1990 Census of the Population and Housing: Public Use Microdata A (Washington, D.C.: U.S. GPO, 1991).
108. Nagel, Ethnic Renewal, pp. 95–101; Snipp, American Indians, pp. 51–56.
109. Jack D.Forbes, “Undercounting Native Americans: The 1980 Census and the Manipulation of Racial Identity in the United States,” Wicazo Sa Review, Vol. VI, No. 1, 1990; “The Manipulation of Race, Caste and Identity: Classifying Afroamericans, Native Americans and Red-Black People,” Journal of Ethnic Studies, Vol. 17, No. 3, 1990. Thornton and other native demographers have analyzed and commented upon the inadequacies of census data without venturing estimates as to the number of persons excluded from ethnic/racial classification as Indians.
110. Walter Echohawk, an attorney with the Native American Rights Fund, an entity devoted more or less exclusively to pursuing litigation in behalf of federally recognized tribal councils, describes the costs associated with defending such cases as being “very high”; telephone interview, May 12, 1997 (notes on file).
111. U.S. House of Representatives, Committee on Interior and Insular Affairs, Hearings on an Act to Expand the Powers of the Indian Arts and Crafts Board (Washington, D.C.: 101st Cong., 1st Sess.,Aug. 17, 1989) p. 48.
112. David Bradley would no doubt like to point to Randy Lee White as an example of the successful exposure of a big time “ethnic fraud.” However, as was mentioned in note 50, White—who may well be of native descent—continued to work and sell paintings at essentially the same rate and for the same prices after the “controversy” as he had before. His career was eventually truncated not by the identity police, but by an automobile accident. Meanwhile, Bradley's own artistic career, already languishing, has virtually collapsed.
113. Even Ben Campbell has conceded at this point that there “may be” problems with the Act, and that he is therefore willing to see it amended; Sheffield, Arbitrary Indian, p. 126.
114. As Judith Toland has observed, the “concept that one cannot understand the meaning of what something is, unless the meaning of what something is not is articulated” may be in some ways methodologically sound, but, where group definitions are concerned, “it is still the dynamic [of] the cultural hegemony” in statist forms of political organization. She recommends instead the more holistic approach of multivariant analysis in understanding ethnic identity; Judith D.Toland, Ethnicity and the State (New Brunswick, NJ: Transaction, 1993) p. 7.
115. Bill Wilson, “Aboriginal Rights: The Non-Status Indian Perspective,” in Menno Boldt and J. Anthony Long, eds., The Quest far Justice: Aboriginal Peoples and Aboriginal Rights (Toronto: University of Toronto Press, 1985) pp. 62–70.
116. Clem Chartier, “Aboriginal Rights: The Métis Perspective,” in Bolt and Long, Quest for Justice, pp. 54–61.
117. The whole idea is a throwback to the bizarre idea that “blood” is somehow the vehicle by which “culture” itself is transmitted. For a solid analysis of the “enormous conceptual and practical problems” attending the “use of blood quantum to define the modern Indian population” see Snipp, American Indian, pp. 32–44. More broadly, see William Stanton, The Leopard's Spots: Scientific Attitudes Towards Race in America, 1815–1859 (Chicago: University of Chicago Press, 1960); Stephen Jay Gould, The Mismeasure of Man (New York: W.W.Norton, 1981).
118. As Native Hawaiian scholar/activist Haunani-Kay Trask has observed while explaining traditional indigenous methods of fixing identity through kinship, “race and genealogy are not interchangeable ideas and should never be confused. If you are part of my family, you are part of my family, regardless of your race”; Trask interview/discussion, Nov. 1996 (notes on file).
119. By 1980, fewer than half of all American Indians were marrying other native people, while upwards of 95 percent of all whites, blacks, and persons of Asian descent married within their respective groups; Gary D.Sandefur and Trudy McKinnell, “American Indian Intermarriage,” Social Science Research, No. 15, 1986.
120. Russell Thornton, Gary D.Sandefur and C.Matthew Snipp, “American Indian Fertility Patterns: 1910 and 1940 to 1980,” American Indian Quarterly, No. 15, 1991.
121. Lenore Stiffarm and Phil Lane, Jr., “The Demography of Native North America: A Question of American Indian Survival,” in Jaimes, State of Native America, p. 45.
122. Ronald Trosper, “Native American Boundary Maintenance: The Flathead Indian Reservation, Montana, 1869–1970,” Ethnicity, No. 3, 1976, p. 257.
123. See my “The Crucible of American Indian Identity: Native Tradition versus Colonial Imposition in Postconquest North America,” American Indian Culture and Research Journal, Vol. 23, No. 1, Spring 1999.
124. Electronic posting by “Nighthawk,” Feb. 19, 1997.
125. Thornton, Holocaust and Survival, pp. 142–43.
126. Mary Young, “Pagans, Converts, and Backsliders, All: A Secular View of the Metaphysics of Indian-White Relations,” in Calvin Martin, ed., The American Indian and the Problem of History (New York: Oxford University Press, 1987) p. 81. The Cherokees’ recognized governments included those of the CNO and the United Keetoowah Band in Oklahoma, as well as that of the Eastern Band in North Carolina.
127. Resolution 92–68, passed by the Yankton Sioux Tribal Council, June 4, 1992; Resolution TSR-02-2, passed by the Tribal Business Committee, Tonkawa Tribe of Oklahoma, Dec. 18, 1992. Both are covered in Sheffield, Arbitrary Indian, pp. 103–4.
128. Ibid., p. 104. It should be noted that, despite almost continuous assertions by Suzan Harjo and other identity policers that the 1990 Act is “about sovereignty, not race,” such self-determining certification procedures have been ruled out of order by the federal government. In a memorandum written on April 23, 1993, the Solicitor-Indian Affairs of the U.S. Interior Department held that while, technically, it is within the rights of an indigenous nation to “certify any, irrespective of Indian blood, as an Indian artisan,” the intent of Congress in passing the Act was plainly “to limit certification to those of that tribe's lineage.” Hence, “a tribe may only certify persons of Indian blood as Indian artisans.”
129. Snipp, American Indian, pp. 310–11.
130. Thornton, Holocaust and Survival, p. 224.
1. Raphaël Lemkin, Axis Rule in Occupied Europe (Washington, D.C.: Carnegie Institution, 1944) p. 79.
2. Ibid.
3. U.N. Doc. E/A.C. 25/S.R. 1–28.
4. Report of the United Nations Economic and Social Council, 1947, 6th Part; quoted in Robert Davis and Mark Zannis, The Genocide Machine in Canada: The Pacification of the North (Montréal: Black Rose Books, 1973) p. 19.
5. U.N. Doc. A/36, 1948.
6. U.N. Doc. E/A.C. 25/S.R. 1–28.
7. “[B]ecause Canadian Law already forbids most substantive aspects of genocide in that it prohibits homicide or murder vis-à-vis individuals, and because it may be undesirable to have the same acts forbidden under two different legal categories, we deem it advisable that the Canadian legislation [on genocide], which we urge as a symbol of our country's dedication to the rights set out in the Convention should be confined to advocating and promoting genocide,’ acts which are not forbidden at present by the Criminal Code”; Maxwell Cohen, Brief to the Senate Standing Committee on Legal and Constitutional Affairs on Hate Propaganda (Ottawa: Canada Civil Liberties Assoc., Apr. 22, 1969) p. 3.
8. Analysis of these debates will be found in Lawrence J.LeBlanc, The United States and the Genocide Convention (Durham, NC: Duke University Press, 1991).
9. Ibid., pp. 99–115. Also see C.Vann Woodward, The Strange Career of Jim Crow (New York: Oxford University Press, [3rd ed.] 1974); William L.Patterson, ed., We Charge Genocide: The Crime of Government Against the Negro People (New York: International, 1970).
10. Again, a broad literature exists. Perhaps the most focused for purposes of this presentation is Wyn Craig Wade, The Fiery Cross: The Ku Klux Klan in America (New York: Simon and Schuster, 1987). Also see Leonard Zeskind, The Christian Identity Movement: A Theological Justification for Racist and Anti-Semitic Violence (New York: Division of Church and Society of the National Council of Churches of Christ in the U.S., 1986).
11. Congressional Record, Feb. 18, 1986, p. 132. Also see U.S. Senate, Hearings on the Genocide Convention Before the Senate Committee on Foreign Relations (Washington, D.C.: 97th Cong., 1st Sess., 1985).
12. U.S. Senate, Hearing on Legislation to Implement the Genocide Convention Before the Senate Committee on the Judiciary: S. 1851, (Washington, D.C.: 100th Cong., 2d Sess., 1989).
13. LeBlanc, Genocide Convention, p. 98.
14. As the matter was framed during Senate debates, “a question arises as to what the United States is really seeking to accomplish by attaching this understanding. The language suggests the United States fears it has something to hide”; S. Exec. Rep. No. 2 (Washington, D.C.: 99th Cong., 1st Sess., 1987) p. 32
15. U.S. Senate, Hearings on the Genocide Convention Before a Subcommittee of the Senate Committee on Foreign Relations (Washington, D.C.: 81st Cong., 2d Sess., 1955) p. 217.
16. The text of the Vienna Convention may be found in L.Henkin, et al., International Law: Cases and Materials, Basic Documents Supplement, (Charlottesville, VA: Michie, 1980) p. 264.
17. See Michla Pomerance, The Advisory Function of the International Court in the League and U.N. Eras (The Hague: Martinus Nijhoff, 1973) pp. 115–25.
18. U.N. Economic and Social Council, Study of the Question of the Prevention and Punishment of the Crime of Genocide (U.N. Doc. E/CN.4/Sub.2/416 (1978)) Note 9 at pp. 46–47. For interpretation of the 1969 Convention itself, see Sir Ian Sinclair, The Vienna Convention on the Law of Treaties (Manchester, U.K.: Manchester University Press, [2nd ed.] 1984).
19. U.N. Secretariat, Multilateral Treaties Deposited with the Secretary-General: Status as of 31 December 1989 (St/Leg/Ser. E/8, 1990) Note 2 at pp. 102–4. Also see Leich, “Contemporary Practice of the United States Relating to International Law,” American Journal of International Law, No. 82, 1988, pp. 337–40.
20. LeBlanc, Genocide Convention, pp. 7–8.
21. International Court of Justice, Advisory Opinions and Orders, “Reservations to the Convention on Prevention and Punishment of the Crime of Genocide,” 1951, pp. 15–69.
22. According to Section 701, the United States is bound by the international customary law of human rights (p. 153). In Section 702, genocide is recognized as a violation of customary international human rights law (pp. 161–63).
23. The text of the U.N. Charter may be found in Ian Brownlie, ed., Basic Documents on Human Rights (Oxford, U.K.: Clarendon Press, 1971).
24. Quincy Wright, “The Law of the Nuremberg Trial,” in Jay W.Baird, ed., From Nuremberg to My Lai (Lexington, MA: D.C. Heath, 1972) p. 37.
25. An exhaustive analysis of the decisively central role played by the U.S. in creating what became known as the “Nuremberg Doctrine” may be found in Bradley F.Smith, The Road to Nuremberg (New York: Basic Books, 1981).
26. Secretary of War Henry L.Stimson, “The Nuremberg Trial, Landmark in Law,” Foreign Affairs, Vol. XXV, Jan. 1947, pp. 179–89. Also see U.N. War Crimes Commission, History of the United Nations War Crimes Commission and the Development of the Laws of War (London: His Majesty's Sta-tionery Office, 1948).
27. Quoted in Smith, Reaching Judgment, p. 241.
28. The London Charter assumed the force of international law by virtue of its endorsement and subsequent ratification by twenty-three nations pursuant to the London Conference. For the official interpretation of the extent of the U.S. role in this connection, see U.S. Department of State, Report of Robert H.Jackson, United States Representative to the International Conference on Military Trials, London, 1945 (Washington, D.C.: Department of State Pub. 3080, 1949); the text of the Charter is included therein.
29. Eugene C.Gerhart, America's Advocate: Robert H.Jackson (Indianapolis: Bobbs-Merrill, 1958); Francis Biddle, In Brief Authority (New York: Alfred A.Knopf, 1962).
30. For a thorough examination of the structure of U.S. participation during the trial, see Bradley F.Smith, Reaching Judgment at Nuremberg (New York: Basic Books, 1977).
31. For the German arguments, see International Military Tribunal, Trial of the Major War Criminals before the International Military Tribunal, 42 vols. (Nuremberg: IMT, 1949) Vol. 1, pp. 168–70, 458–94.
32. Jackson's opening remarks are contained in Trial of the Major War Criminals, Vol. 2, pp. 98– 155.
33. It should be noted that the same principles pertain to the prosecution of major Japanese criminals following World War II. See Arnold C.Brackman, The Other Nuremberg: The Untold Story of the Tokyo War Crimes Trials (New York: Quill/Morrow, 1987); Philip Piccagallo, The Japanese on Trial (Austin: University of Texas Press, 1979).
34. LeBlanc, Genocide Convention, p. 55.
35. In October 1985, President Ronald Reagan withdrew a 1946 U.S. declaration accepting ICJ jurisdiction in all matters of “international dispute.” The withdrawal took effect in April 1986. This was in response to the ICJ determination in Nicaragua v. United States, the first substantive case ever brought before it to which the U.S. was a party. The ICJ ruled the U.S. action of mining Nicaraguan harbors in times of peace to be unlawful. The Reagan Administration formally rejected the authority of the ICJ to decide the matter (but removed the mines). It is undoubtedly significant that the Reagan instrument contained a clause accepting continued ICJ jurisdiction over matters pertaining to “international commercial relationships,” thus attempting to convert the world court into a mechanism for mere trade arbitration. See U.S. Department of State, U.S. Terminates Acceptance of ICJ Compulsory Jurisdiction (Washington, D.C.: Department of State Bulletin No. 86, Jan. 1986).
36. For the best analysis of the issues involved here, see Richard Delgado and Jean Stefanic, Must We Defend Nazis? Hate Speech, Pornography, and the New First Amendment (New York: New York University Press, 1997) esp. pp. 149–62.
37. There were actually a series of “Nuremberg Trials” conducted from 1945–49, beginning with the trial of the nazi leadership, in which we are most interested here. For summaries of the others, including those of the German industrialists and judiciary, nazi doctors, etc., see John Alan Appleman, Military Tribunals and International Crimes (Greenwood, CT: Greenwood Press, 1954).
38. As Smith puts it at p. 192 of Reaching Judgment, “The American prosecution spent endless hours asserting…that Rosenberg's theoretical writings had been significant in the nazi rise to power and that his work in education had played a vital role in preparing German youth for [the crimes which were to follow].” For further detail, see International Military Tribunal, Trial of the Major War Criminals before the International Military Tribunal, 42 vols. (Nuremberg: IMT, 1949) Vols. 4–5.
39. The quote is from Smith, Reaching Judgment, p. 236. At p. 233, Smith observes that, “[Von Schirach's prewar] position required him to perform two main tasks: to undermine and finally eliminate all independent youth groups, and to gather the overwhelming majority of young Germans into the Hitler Youth and related organizations, where they could receive massive doses of Nazi indoctri-nation… The [American] prosecution made a vigorous effort to [implicate the defendant in] Hitler's general plans by stressing the importance the Führer attached to the indoctrination of youth and by showing that the…ideological training that Schirach had provided in the Hitler Youth fit-ted in with the Nazi ‘blueprint’ for aggression.”
40. The description of Streicher's place (or lack of it) within the nazi hierarchy is taken from a defense memorandum prepared by staff member Robert Stewart for Justice Jackson during the summer of 1946. It is quoted in Smith, Reaching Judgment, p. 200. At p. 201, Smith observes that Streicher was charged only as an “anti-Semitic agitator,” and that the “core of the case against [him] came down to a question of whether he had advocated and encouraged extermination of the Jews while knowing, or having reason to believe, that such extermination was the settled policy of the Nazi government.”
41. Quoted in Smith, Reaching Judgment, p. 47.
42. John Gimble, The American Occupation of Germany (Stanford, CA: Stanford University Press, 1968). Also see John J.McCloy, “The Present Order of German Government” (Department of State Bulletin, June 11, 1951), and General Lucius D.Clay, “The Present State of Denazification, 1950,” reprinted in Constantine Fitzgibbon, ed., Denazification (New York: W.W.Norton, 1969). These proscriptions were, under U.S. “tutelage,” built into the constitution and statutory code of the German Republic during the early 1950s as an expedient to “attaining true democracy.” Surely, this performance bespeaks something of an official posture of the United States with regard to “First Amendment Guarantees” where celebration/advocacy/incitement of genocide is concerned.
43. A survey of opinion pieces from Time and Newsweek magazines, June through Aug. 1991, will abundantly illustrate this point.
44. Samuel Eliot Morrison, ed., Journals and Other Documents on the Life and Voyages of Christopher Columbus (New York: Heritage, 1963).
45. The letter of appointment to these positions, signed by Ferdinand and Isabella, and dated May 28, 1493, is quoted in full in Benjamin Keen, The Life of the Admiral Christopher Columbus by His Son Ferdinand (New Brunswick, NJ: Rutgers University Press, 1959) pp. 105–6.
46. Among the better sources on Columbus’ policies are Troy Floyd's The Columbus Dynasty in the Caribbean, 1492–1526 (Albuquerque: University of New Mexico Press, 1973), and Stuart B. Schwartz's The Iberian Mediterranean and Atlantic Traditions in the Formation of Columbus as a Colonizer (Minneapolis: University of Minnesota Press, 1986).
47. Regarding the eight million figure, see Sherburn F.Cook and Woodrow Borah, Essays in Population History, Vol. I (Berkeley: University of California Press, 1971) esp. Chap. VI. The three million estimate pertaining to the year 1496 derives from a survey conducted by Bartolomé de Las Casas in that year, covered in J.B.Thatcher, Christopher Columbus, 2 vols. (New York: Putnam's, 1903–1904) Vol. 2, p. 348ff.
48. For summaries of the Spanish census records, see Lewis Hanke, The Spanish Struggle for Justice in the Conquest of America (Philadelphia: University of Pennsylvania Press, 1947), p. 200ff.
49. Aggregate estimates of the precontact indigenous population of the Caribbean Basin will be found in William Denevan, ed., The Native Population of theAmericas in 1492 (Madison: University of Wisconsin Press, 1976); Henry F.Dobyns, Their Numbers Become Thinned: Native American Population Dynamics in Eastern North America (Knoxville: University of Tennessee Press, 1983); and Russell Thornton, American Indian Holocaust and Survival: A Population History Since 1492 (Norman: University of Oklahoma Press, 1987). For additional information, see Dobyns’ bibliographic Native American Historical Demography (Bloomington/ Indianapolis: Indiana University Press, 1976).
50. These figures are utilized in numerous studies. One of the more immediately accessible is Leo Kuper's Genocide: Its Political Use in the Twentieth Century (New Haven, CT: Yale University Press, 1981).
51. See Henry F.Dobyns, “Estimating American Aboriginal Population: An Appraisal of Techniques with a New Hemispheric Estimate,” Current Anthropology, No. 7, 1981, pp. 395–416.
52. An overall pursuit of this theme will be found in P.M.Ashburn, The Ranks of Death (New York: Coward, 1947). Also see John Duffy, Epidemics in Colonial America (Baton Rouge: Louisiana State University Press, 1953). Broader and more sophisticated articulations of the same idea are em- bodied in Alfred W.Crosby, Jr., The Columbian Exchange: Biological and Cultural Consequences of 1492 (Greenwood, CT: Greenwood Press, 1972) and Ecological Imperialism: The Biological Expansion of Europe, 900–1900 (Cambridge, U.K.: Cambridge University Press, 1986).
53. Among the more thoughtful elaborations of this theme are Smith's Reaching Judgment and Eugene Davidson's The Trial of the Germans, 1945–1946 (New York: Macmillan, 1966).
54. See Tzvetan Todorov, The Conquest of America: The Question of the Other (New York: Harper &Row, 1984).
55. Kirkpatrick Sale, The Conquest of Paradise: Christopher Columbus and the Columbian Legacy (New York: Alfred A.Knopf, 1990) p. 155.
56. Far from the “revisionist historian” he was described as being in the July 15, 1991 edition of Newsweek, las Casas was the first historian of the New World. There was no one for him to revise. Consequently, those who seek to counter or deny his accounts—“mainstream” historians all—are the actual revisionists, seeking to maintain a “politically correct interpretation” of events.
57. Bartolomé de Las Casas, The Spanish Colonie: Brevísima revacíon (New York: University Microfilms Reprint, 1966).
58. Bartolomé de Las Casas, Historia de las Indias, Vol. 3, (Mexico City: Fondo de Cultura Económica, 1951), esp. Chap. 29.
59. Las Casas, quoted in Thatcher, Columbus, p. 348ff.
60. For instance, quoting an affidavit by SS Obergruppenführer Otto Ohlendorf: “The Einsatz ‘special action’ unit would enter a village or town and order the prominent Jewish citizens to call together all Jews… Then they were shot, kneeling or standing, by firing squads in a military manner”; quoted in William Shirer, The Rise and Fall of the Third Reich: A History of Nazi Germany (New York: Simon and Schuster, 1960) p. 959.
61. Todorov, Conquest.
62. See Charles Gibson, ed., The Spanish Tradition in America (New York: Harper & Row, 1968).
63. For detailed examination of the conceptual linkages and differentiations between Spanish and English practices in the New World, see Robert A.Williams, The American Indian in Western Legal Thought: The Discourses of Conquest (New York: Oxford University Press, 1990).
64. The estimate of Pequot casualties—most of them women, children, and old people—accrues from a conservative source; Robert M.Utley and Wilcomb E.Washburn, Indian Wars (Boston: Houghton-Mifflin, 1977) p. 42.
65. E.Wagner Stearn and Allen E.Stearn, The Effects of Smallpox on the Destiny of the Amerindian (Boston: Bruce Humphries, 1945) pp. 44–45.
66. Ibid.
67. Sherburn F.Cook, “The Significance of Disease in the Extinction of the New England Indians,” Human Biology, No. 45, 1973, pp. 485–508.
68. The Fort Clark incident is covered in Thornton, American Indian Holocaust, pp. 94–96.
69. Donald E.Green, The Politics of Indian Removal: Creek Government and Society in Crisis (Lincoln: University of Nebraska Press, 1977).
70. Russell Thornton, “Cherokee Population Losses During the Trail of Tears: A New Perspective and a New Estimate,” Ethnohistory, No. 31, 1984, pp. 289–300.
71. Ibid., p. 293. Also see Grant Foreman, Indian Removal: The Immigration of the Five Civilized Tribes (Norman: University of Oklahoma Press, 1953).
72. On the template for nazi lebensraumpolitik provided by U.S. removal and extermination policies vis-à-vis Indians, see Adolf Hitler, Mein Kampf (New York: Reynal and Hitchcock, 1939) pp. 403, 501; Hitler's Secret Book (New York: Grove Press, 1961) pp. 46–52. Another iteration will be found in a lengthy memorandum prepared by an aide, Col. Freidrich Hössbach, summarizing Hitler's statements during a “Führer Conference” conducted on Nov. 5, 1937; Trial of the Major War Criminals, Vol. 25, pp. 402–13.
73. This too played directly into the nazi formulation of lebensraumpolitik; Frank Parrella, Lebensraum and Manifest Destiny: A Comparative Study in the Justification of Expansionism (Washington, D.C.: M.A. Thesis, Dept. of International Affairs, Georgetown University, 1950).
74. See David Svaldi, Sand Creek and the Rhetoric of Extermination: A Case Study in Indian-White Relations (Lanham, MD: University Press of America, 1989). The comparisons to nazi rhetoric are obvious.
75. Richard Drinnon, Facing West: The Metaphysics of Indian Hating and Empire Building (Minneapolis: University of Minnesota Press, 1980); Reginald S.Horsman, Race andManifest Destiny: The Origins of Racial Anglo-Saxonism (Cambridge, MA: Harvard University Press, 1981).
76. Stiffarm and Lane, “American Indian Demography,” p. 34.
77. Roberto Mario Salmon, “The Disease Complaint at Bosque Redondo (1864–1868),” Indian Historian, No. 9, 1976.
78. W.W.Newcome, Jr., The Indians of Texas (Austin: University of Texas Press, 1961) p. 334.
79. James M.Mooney, “Population,” in Frederick W.Dodge, ed., Handbook of the Indians North of Mexico, Vol. 2 (Washington, D.C.: Smithsonian Institution, Bureau of American Ethnology Bulletin No. 30, 1910) pp. 286–87.
80. Thornton, Holocaust and Survival, p. 107. Also see Robert F.Heizer, ed., The Destruction of the California Indians (Salt Lake City/Santa Barbara: Peregrine Smith, 1974).
81. U.S. Department of Commerce, Bureau of the Census, Racial Statistics Branch, Fifteenth Census of the United States, 1930: The Indian Population of the United States and Alaska (Washington, D.C.: U.S. GPO, 1937) Table II: “Indian Population by Divisions and States, 1890–1930,” p. 3.
82. The official record of the cumulative reductions in native landbase leading to this general result may be found in Charles C.Royce, Indian Land Cessions in the United States: 18th Annual Report, 1896–1897 (Washington, D.C.: Smithsonian Institution, 1899). An additional 100 million acres were also being expropriated under provision of the General Allotment Act even as Royce completed his study; this left Indians with about fifty million acres total, or approximately 2.5 percent of their original land base; Janet A.McDonnell, The Dispossession of the American Indian, 1887–1934 (Bloomington: Indiana University Press, 1991).
83. James M.Mooney, The Aboriginal Population of America North of Mexico (Washington, D.C.: Smithsonian Miscellaneous Collections, LXXX, No. 7, 1928) p. 33. For a more contemporary assessment of the situation in Canada, see Davis and Zannis, Genocide Machine.
84. On the boarding school system, see David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience, 1875–1928 (Lawrence: University Press of Kansas, 1995).
85. On adoption policies, see Tillie Blackbear, “American Indian Children: Foster Care and Adoptions,” in U.S. Department of Health, Education and Welfare, Office of Educational Research and Development, National Institute of Education, Conference on Educational and Occupational Needs of American Indian Women, October 1986 (Washington, D.C.: DHEW, 1986) pp. 185–210. “Blind” adoptions are those in which the court orders adoption records permanently sealed in order that the person adopted can never know the identity of his/her parents or cultural heritage.
86. The goals of U.S. Assimilation Policy were summed up by Indian Commissioner Francis Leupp as “a mighty pulverizing engine for breaking up [the last vestiges of] the tribal mass”; see his The Indian and His Problem (New York-Scribner's, 1910) p. 93. Superintendent of Indian Education Daniel Dorcester described the objectives of his office as being to “develop the type of school that would destroy tribal ways”; quoted in Evelyn C.Adams, American Indian Education: Government Schools and Economic Programs (New York: King's Crown, 1946) p. 70. See more generally, Margaret Connell Szasz, Education and the American Indian: The Road to Self-Determination Since 1928 (Albuquerque: University of New Mexico Press, [2nd ed.] 1999).
87. Brint Dillingham, “Indian Women and IHS Sterilization Practice,” American Indian Journal, Vol. 3, No. 1, Jan. 1977, pp. 27–28. It should be noted that the government has conducted a comparable program against Puerto Rican and, to a somewhat lesser extent, African American women; Women Under Attack: Abortion, Sterilization Abuse, and Reproductive Freedom (New York: Committee for Abortion Rights and Against Sterilization Abuse, 1979).
88. U.S. Department of Commerce, Bureau of the Census, Racial Statistics Branch, 1980 Census of the Population, Supplementary Report: American Indian Areas and Alaska Native Villages (Washington, D.C.: U.S. GPO, 1984).
89. See Joseph G.Jorgenson, ed., American Indians and Energy Development II (Cambridge, MA: Anthropology Resource Center/Seventh Generation Fund, 1984).
90. These data derive from several sources, among them U.S. Senate, Committee on Labor and Human Resources, Subcommittee on Employment and Productivity, Guaranteed Job Opportunity Act: Hearing on S.777 (Washington, D.C.: 100th Cong., 1st Sess., 1980); U.S. Congress, Office of Technology Assessment, Indian Health Care (Washington, D.C.: 103d Cong., 1st Sess., 1986); and Department of Health and Human Services, Public Health Service, Chart Series Book (Washington, D.C.: U.S. GPO, 1988). Also see Conference on Educational and Occupational Needs of American Indian Women.
91. See “A Breach of Trust,” in this volume.
92. Jerry Kammer, The Second Long Walk: The Navajo-Hopi Land Dispute (Albuquerque: University of New Mexico Press, 1980); Anita Parlow, Cry, Sacred Ground: Big Mountain, USA (Washington, D.C.: Christie Institute, 1988).
93. M.C.Barry, The Alaska Pipeline: The Politics of Oil and Native Land Claims (Bloomington: Indiana University Press, 1975).
94. Michael Garrity, “The U.S. Colonial Empire is as Near as the Nearest Reservation,” in Holly Sklar, ed., Trilateralism: The Trilateral Commission and Elite Planning for World Government (Boston: South End Press, 1980) pp. 238–68.
95. As the Los Alamos Scientific Laboratory put it in its Feb. 1978 Mini-Report. “Perhaps the solution to the radon emission problem is to zone the land into uranium mining and milling districts so as to forbid human habitation.”
96. Russell Means, “The Same Old Song,” in my Marxism and Native Americans (Boston: South End Press, 1983) p. 25.
97. The 1887 “standard” was “one-half or more degree of Indian blood.” This was subsequently lowered to one-quarter for “educational” purposes at the end of World War I (Act of May 25, 1918; 40 Stat. 564). On the origins of the Relocation Program and its effects of scattering Indians among the nonindian population, see Donald L.Fixico, Termination and Relocation: Federal Indian Policy, 1945–1960 (Albuquerque: University of New Mexico Press, 1986).
98. Patricia Nelson Limerick, The Legacy of Conquest: The Unbroken Past of the American West (New York: W.W.Norton, 1987) p. 338.
99. See, as examples, Richard Arens, ed., Genocide in Paraguay (Philadelphia: Temple University Press, 1976); Robert M.Carmack, ed., Harvest of Violence: The Maya Indians and the Guatemala Crisis (Norman: University of Oklahoma Press, 1988).
100. Letter to the editor, Rocky Mountain News, Oct. 13, 1991.
101. This contention is readily borne out in a video tape prepared by University of Colorado media student Lori Windle, submitted as evidence in the case.
102. See, for example, Justice Jackson's remarks in the trial in Smith, Reaching Judgement, quoted throughout. Another U.S. prosecutor at Nuremberg, Telford Taylor, also takes up the issue in his book, Nuremberg and Vietnam: An American Tragedy (Chicago: Quadrangle, 1970).
103. Consider, for example, the instruction of Judge Paul F.Larrazolo to the jury at the end of the 1968 trial of participants in the celebrated 1968 Tierra Amarilla Courthouse Raid in New Mexico: “[A]nyone, including a state police officer, who intentionally interferes with a citizen's arrest does so at his own peril…since the arresting citizens are entitled under law to use whatever force is necessary to defend themselves in the process of making said citizen's arrest”; quoted in Peter Nabokov, Tijerina and the Courthouse Raid (Albuquerque: University of New Mexico Press, 1969) p. 264.
104. For instance, U.S. diplomat Ben Whitaker, Rapporteur of a 1985 U.N. study on implementation of the Genocide Convention, notes that this principle was “not new at [the Nuremberg] trial,” and “was perfectly familiar in national legal systems [including that of the United States].” Consequently, “the doctrine was…not one invented de novo by the victors at Nuremberg,” and there is “little doubt that courts today would hold that the concept of individual responsibility will override any defense of superior orders”; U.N. Economic and Social Council, Revised and Updated Report on the Question of the Prevention and Punishment of the Crime of Genocide Prepared by Mr. B.Whitaker (25–26 U.N. Doc. E/CN.4/Sub.2/1985/6 (1985)) p. 24.
105. This position is articulated quite well in John Duffett, ed., Against the Crime of Silence: Proceedings of the International War Crimes Tribunal (New York: Clarion, 1970).
106. Whitaker, Updated Report, p. 26.
1. On education, see David Wallace Adams, Education for Extinction: American Indians and the Boarding School Experience, 1875–1928 (Lawrence: University Press of Kansas, 1995). On identification and recognition, see “Nullification of Native America?” herein.
2. See, e.g., Alan Van Gestel, “When Fictions Take Hostages,” in James A.Clifton, ed., The Invented Indian: Cultural Fictions and Government Policies (New Brunswick, NJ: Transaction, 1990) pp. 291–312.
3. For a succinct and artfully constructed overview of this discourse, see Charles F.Wilkinson's Indians, Time and Law: Native Societies in a Modern Constitutional Democracy (New Haven, CT: Yale University Press, 1987). More comprehensively, see Rennard Strickland and Charles F.Wilkinson, eds., Felix S.Cohen's Handbook on Federal Indian Law (Charlottesville, VA: Michie, 1982).
4. I employ the term “hegemonic” in its specifically Gramscian sense; see Walter L.Adamson, Hegemony and Revolution: A Study of Antonio Gramsci's Political and Cultural Theory (Berkeley: University of California Press, 1980) pp. 170–79.
5. See my “Subterfuge and Self-Determination: Suppression of Indigenous Sovereignty in the 20th Century United States,” Z Magazine, May 1997.
6. See generally, Paul A.Varg, America: From Client State to World Power (Norman: University of Oklahoma Press, 1990).
7. In the interim, the U.S. was by no means shy about picking up overseas colonies wherever it could, as is witnessed in its turn-of-the-century seizures of Hawai‘i, the Philippines, Guam, “American” Samoa and Puerto Rico. The greater degree of sophistication generally manifested in its imperial ambitions can thus be attributed primarily to the fact that it had gotten into the game of overseas expansion rather belatedly, at a point when some 85 percent of the earth's surface had already been incorporated into the colonial dominions of one or another imperial power; see, e.g., Sidney Lens, The Forging of the American Empire (New York: Thomas Y.Crowell, 1971). On the juridical maneuvering occurring as a result, see Francis Anthony Boyle, Foundations of World Order: The Legalist Approach to International Relations, 1898–1922 (Durham, NC: Duke University Press, 1999).
8. See Bernard Waites, Europe and the Third World: From Colonisation to Decolonisation, c. 1500– 1998 (New York: St. Martin's Press, 1999); David D.Newsome, The Imperial Mantle: The United States, Decolonization, and the Third World (Bloomington: Indiana University Press, 2001).
9. See Robert K.Thomas, “Colonialism: Classic and Internal,” New University Thought, Vol. 4, No. 4, Winter 1966–67.
10. On America's formulation of Nuremberg Doctrine, and the resistance of its allies to the idea of a trial, see Bradley F.Smith, The Road to Nuremberg (New York: Basic Books, 1981).
11. Overall, see Eugene Davidson, The Trial of the Germans: Nuremberg, 1945–1946 (New York: Macmillan, 1966); Bradley F.Smith, Reaching Judgement at Nuremberg (New York: Basic Books, 1977). On the correctness of the defendants’ contention that they’d based their policies on the U.S. model, see Adolf Hitler, Mein Kampf, 2 vols. (New York: Reynal and Hitchcock, 1939) pp. 403, 591; Hitler's Secret Book (New York: Grove Press, 1961) pp. 106– 8.
12. At the time the American submission was made at Nuremberg, there had been no less than 219 cases brought before the U.S. Court of Claims, none truly resolved and 86 of them still pending, wherein one or more indigenous nations contended that its/their territory had been taken illegally—i.e., through fraud and/or armed force—by the United States; Walter Hart Blumenthal, American Indian Dispossession: Fraud in Land Cessions Forced Upon the Tribes (Philadelphia: G.S.McManus, 1955) p. 174; Harvey D.Rosenthal, Their Day in Court: A History of the Indian Claims Commission (New York: Garland, 1990) p. 24. It was also common knowledge that elsewhere—in the Philippines, for example—several hundred thousand people had been slaughtered in the process of U.S. takeovers only 40 years earlier; Stuart Creighton Miller, “Benevolent Assimilation”: The American Conquest of the Philippines, 1899–1903 (New Haven, CT: Yale University Press, 1983).
13. The relevance of Nuremberg to creation of the ICC is attested to by the fact that a virtually identical body had been proposed to the Congress on at least 20 occasions between 1910 and 1945, only to be shelved or voted down overwelmingly; Rosenthal, Day in Court, pp. 53–84.
14. This point is explored more thoroughly in my “Charades, Anyone? The Indian Claims Commission in Context,” American Indian Culture and Research Journal, Vol. 24, No. 1, 2000.
15. Public Papers of the Presidents of the United States: Harry S.Truman, 1946 (Washington, D.C.: U.S. GPO, 1962) p. 414.
16. Richard A.Nielson, “American Indian Land Claims: Land versus Money as a Remedy,” University of Florida Law Review, Vol. 19, No. 3, 1973. Actually, there is one exception. In 1965, the ICC recommended (15 Ind. Cl. Comm. 666) restoration of 130,000 acres of the Blue Lake area to Taos Pueblo and, in 1970, Congress followed up by restoring a total of 48, 000 acres (85 Stat. 1437); see R.C.Gordon-McCutchan, The Taos Indians and the Battle for Blue Lake (Santa Fe, NM: Red Crane Books, 1991).
17. An exception involved claims entered under provision of the Fifth Amendment, of which there were almost none. Interest was denied as a matter of course in other types of claim, based on the outcome of the Loyal Creek Case (1 Ind. Cl. Comm. 22 (1951)); Thomas LaDuc, “The Work of the Indian Claims Commission Under the Act of 1946,” Pacific Historical Review, No. 26, 1957, pp. 1–16. A classic example of the more typical process is that in which the ICC purportedly established “quiet title” to virtually the entire state of California via an award of $29.1 million—about 47¢ per acre—in the 1964 “Pit River Land Claim Settlement”; Thompson v. United States (13 Ind. Cl. Comm. 369 (1964)). For further information, see M.Annette Jaimes, “The Pit River Indian Land Claim Dispute in Northern California,” Journal of Ethnic Studies, Vol. 4, No. 4, Winter 1987; Howard Friedman, “Interest on Indian Land Claims: Judicial Protection of the Fisc,” Valparaiso University Law Review, No. 5, Fall 1970.
18. John R.White, “Barmecide Revisited: The Gratuitous Offset in Indian Claims Cases,” Ethnohistory, No. 25, Spring 1978.
19. “Lone Wolf” is covered in “The Tragedy and the Travesty,“ herein. Also see Ann Laquer Estin, “Lone Wolf” v. Hitchcock: The Long Shadow,” in Sandra L.Cadwalader and Vine Deloria, Jr., eds., The Aggressions of Civilization: Federal Indian Policy Since the 1880s (Philadelphia: Temple University Press, 1984) pp. 214–45.
20. By the late 1990s, the amount “lost” in this fashion was estimated to have reached $40 billion; Peter Maas, “Broken Promise,” Parade Magazine, Sept. 9, 2001, p. 6.
21. In the end, Indians were forced to expend some $100 million in legal fees—most of it mortgaged against our residual holdings—to obtain approximately $800 million in compensation for what the government would claim was clear title to about one-third of the continental U.S.; Rosenthal, Day in Court, p. 255.
22. John T.Vance, “The Congressional Mandate and the Indian Claims Commission,” North Dakota Law Review, No. 45, 1969, p. 326.
23. Congressional Record, May 20, 1946, p. 5312.
24. See, e.g., the essays collected by Imre Sutton in his Irredeemable America: The Indians’ Estate and Land Claims (Albuquerque: University of New Mexico Press, 1985).
25. In other words, “Congress cloak[ed] its own interests in a rhetoric of generosity to the Indian”; Wilcomb E.Washburn, Red Man's Land, White Man's Law (New York: Scribner's, 1971) pp. 103–4.
26. Congressional Record, May 20, 1946, p. 5319.
27. All told, 109 peoples, or portions of peoples, were terminated under a series of specific statutes accruing from House Concurrent Resolution 108 (1953), the great bulk of them by 1958 (one group, the Poncas of Oklahoma, was terminated in 1966); see generally, Donald L.Fixico, Termination and Relocation: Federal Indian Policy, 1945–1960 (Albuquerque: University of New Mexico Press, 1986).
28. Statement of Utah Senator Arthur V.Watkins; quoted and discussed in Rosenthal, Day in Court, pp. 175–98.
29. U.S. House of Representatives, Committee on Indian Affairs, Providing a One-Year Extension of the Five-Year Limitation on the Time for Presenting Indian Claims to the Indian Claims Commission (Washington, D.C.: H. Rep. 692, 82d Cong., 1st Sess., 1951) pp. 593–601.
30. In 1956, the ICC was extended for a further five years. The process was repeated in 1961, 1967, 1972, and 1976; U.S. Congress, Joint Committee on Appropriations, Hearings on Appropriations for the Department of Interior (Washington, D.C.: 94th Cong., 1st Sess., 1976).
31. The original 852 claims had been consolidated into 615 dockets. Of these, the ICC had purportedly “disposed” of 547, 45 percent without awards (during the “Termination Era” proper, which lasted through the end of 1962, the tally was 105 dismissals versus 37 awards); see Indian Claims Commission, Final Report (Washington, D.C.: U.S. GPO, 1978). It should be noted that Indians began to appeal ICC dismissals towards the end of the 1960s. Of 206 such actions ruled upon by 1975, the Commission was affirmed in 96, partially affirmed in 31, and overruled in 79; U.S. Senate, Committee on Interior and Insular Affairs, Subcommmittee on Indian Affairs, Hearings on S.876 (Washington, D.C.: 94th Cong., 1st Sess., 1975).
32. Rosenthal, Day in Court, p. 151.
33. U.S. Senate, Committee on Appropriations, Hearings on H.R. 9390 for Appropriations for Interior and Related Agencies for 1957 (Washington, D.C.: 84th Cong., 2nd Sess., 1956) pp. 552–58.
34. U.S. Senate, Committee on Interior and Insular Affairs, Subcommittee on Indian Affairs, Hearings on S.307, A Bill to Amend the Indian Claims Commission Act of 1946 (Washington, D.C.: 90th Cong., 1st Sess., 1967) p. 20.
35. U.S. Senate, Committee on Appropriations, Hearings on H.R. 9417 for Appropriations for the Department of Interior and Related Agencies for 1972 (Washington, D.C.: 92d Cong., 1st Sess., 1971) pp. 1433–50; Committee on Interior and Insular Affairs, Amending the Indian Claims Commission Act of 1946 as Amended (Washington, D.C.: 92d Cong., 2d Sess., Rpt. 682., Mar. 2, 1972).
36. Attorney General Francis Biddle, who’d served as chief U.S. Justice at Nuremberg, had long since estimated that it would require billions of dollars to resolve even a very limited range of claims; U.S. Senate, Terminating the Existence of the Indian Claims Commission (Washington, D.C.: 84th Cong. 2d Sess., Rpt. 1727, Apr. 11, 1956).
37. Russel L.Barsh, “Indian Land Claims Policy in the United States,” North Dakota Law Review, No. 58, 1982, pp. 1–82.
38. For the phrase used, see U.S. Department of Interior, Public Lands Law Review Commission, One Third of the Nation's Land (Washington, D.C.: U.S. GPO, 1970). On the size of the reservation landbase, see U.S. Department of Interior, Bureau of Indian Affairs, Indian Lands Map: Oil, Gas and Minerals on Indian Reservations (Washington, D.C.: U.S. GPO, 1978).
39. Several of these will be taken up in the section of the present essay devoted to Iroquois land claims. Another striking example is that of the 1861 Treaty of Fort Wise, in which the Cheyenne and Arapaho allegedly ceded the bulk of their territory in eastern Colorado. Among the problems with this arrangement are the facts that the majority of the native leaders supposedly signing the treaty were not even present—their signatures or “signs” were apparently forged—and that, in any event, the Senate subsequently and unilaterally rewrote the treaty text before ratifying and thereupon proclaiming it “binding” upon the Indians; Stan Hoig, The Sand Creek Massacre (Norman: University of Oklahoma Press, 1961) pp. 13–17.
40. Several of these will be discussed in the sections of the present essay devoted to the Iroquois and Black Hills land claims. Another pertains to the Cherokee, effectively dispossessed and interned at the time they signed a treaty ostensibly ceding their homelands east of the Mississippi in exchange for territory in what is now the state of Oklahoma; see generally, Grant Foreman, Indian Removal: The Immigration of the Five Civilized Tribes (Norman: University of Oklahoma Press, 1953); Gloria Jahoda, The Trail of Tears: The Story of the Indian Removals (New York: Holt, Rinehart and Winston, 1975).
41. On the applicable customary law, see Sir Ian Sinclair, The Vienna Convention on the Law of Treaties (Manchester, U.K.: Manchester University Press, 1984).
42. Rodolfo Acuña, Occupied America: The Chicano's Struggle Toward Liberation (San Francisco: Canfield Press, 1972).
43. On the overall roles/performance of Jackson and Biddle, see Davidson, Trial of the Germans.
44. Robert H.Jackson, “Opening Statement for the United States Before the International Military Tribunal, November 21, 1945,” quoted in Bertrand Russell, War Crimes in Vietnam (New York: Monthly Review Press, 1967) p. 125. More broadly, see Robert H.Jackson, The Nürnberg Case (New York: Alfred A.Knopf, 1947).
45. Truman, Papers, p. 414.
46. Vine Deloria, Jr., Behind the Trail of Broken Treaties: An Indian Declaration of Independence (Austin: University of Texas Press, [2nd ed.] 1984) p. 227.
47. See the 1967 statement of National Indian Youth Council representative Hank Adams included in Hearings on S.307 at p. 91. Also see Robert T.Coulter and Steven M.Tullberg, “Indian Land Rights,” in Cadwallader and Deloria, Aggressions of Civilization, p. 204.
48. Deloria, Trail of Broken Treaties; Paul Chaat Smith and Robert Allen Warrior, Like a Hurricane: The American Indian Movement from Alcatraz to Wounded Knee (New York: New Press, 1996).
49. See “The Law Stood Squarely on Its Head,” herein. Also see Douglas Sanders, “The Re- Emer-gence of Indigenous Questions in International Law,” Canadian Human Rights Yearbook, No. 3, 1983; Jimmie Durham, “An Open Letter on Recent Developments in the American Indian Movement/International Indian Treaty Council,” in his A Certain Lack of Coherence: Writings on Art and Cultural Politics (London: Kala Press, 1993) pp. 46–56.
50. Oneida Indian Nation v. County of Oneida (414 U.S. 661 (1974)). For background on the strategy involved in such litigation, see Mark Kellogg, “Indian Rights: Fighting Back with White Man's Weapons,” Saturday Review, Nov. 1978, pp. 24–30.
51. The letters were found in an old trunk by an elderly Passamaquoddy woman in 1957, and turned over to township governor John Stevens. It took the Indians fifteen years to bring the matter to court, largely because it was denied they had “legal standing” to do so; Paul Brodeur, Restitution: The Land Claims of the Mashpee, Passamaquoddy, and Penobscot Indians of New England (Boston: Northeastern University Press, 1985).
52. Passamaquoddy Tribe v. Morton (528 F.2d, 370 (1975)). For additional background, see Francis J. O’Toole and Thomas N.Tureen, “State Power and the Passamaquoddy Tribe: A Gross National Hypocrisy?” Maine Law Review, Vol. 23, No. 1, 1971.
53. Maine Indian Land Claims Settlement Act of 1980 (94 Stat. 1785).
54. Narragansett Tribe of Indians v. S.R.I. Land Development Corporation (418 F.Supp. 803 (1978)). The decision was followed by the Rhode Island Indian Claims Settlement Act of 1978 (94 Stat. 3498).
55. Western Pequot Tribe of Indians v. Holdridge Enterprises, Inc. (Civ. No. 76–193 (1976)).
56. The Mashantucket Pequot Indian Claims Settlement Act (S.366) was passed by Congress in Dec. 1982. For Reagan's veto, see Congressional Quarterly, Vol 41, No. 14, pp. 710–11.
57. The revised version of the Mashantucket Pequot Indian Claims Settlement Act (S.1499) was signed on Oct. 18, 1983.
58. Mashpee Tribe v. Town of Mashpee (447 F.Supp. 940 (1978)).
59. Mashpee Tribe v. New Seabury Corporation (592 F.2d (1st Cir.) 575 (1979), cert, denied (1980)). For further information, see Harry B.Wallace, “Indian Sovereignty and the Eastern Indian Land Claims,” New York University Law Review, No. 27, 1982, pp. 921–50. Also see Brodeur, Restitution.
60. Douglas Sanders, “The U.N. Working Group on Indigenous Peoples,” Human Rights Quar terly, No. 11, 1989. It should be noted that the U.S. has launched a veritable frontal assault in its effort to gut the proposed declaration; see Isabelle Schulte-Tenckhoff, “The Irresistible Ascension of the U.N. Declaration on the Rights of Indigenous Peoples: Stopped Dead in Its Tracks?” European Review of Native American Studies, Vol. 9, No. 2, 1995; Glenn T.Morris, “Further Motion by the State Department to Railroad Indigenous Rights,” Fourth World Bulletin, No. 6, Summer 1998.
61. A problem here, of course, is the fact that the U.S., alone among U.N. member-states, has repudiated ICJ authority; “U.S. Terminates ICJ Compulsory Jurisdiction,” Department of State Bulletin, No. 86, Jan. 1986.
62. For an assessment of the progress made in this arena, see S.James Anaya, Indigenous Peoples in International Law (New York: Oxford University Press, 1991). For the principles involved in resolving issues of this sort through such means, see Richard B.Lillich, International Claims: Their Adjudi-cation by National Commission (Syracuse, NY: Syracuse University Press, 1962).
63. The general strategy described here is as applicable to Canada as to the U.S., a matter readily witnessed in the forms of struggle evident at Lubicon Lake, Oka, James Bay, and Gustafson Lake, to offer only the most prominent examples, over the past 30 years. See generally, John Goddard, Last Stand of the Lubicon Cree (Vancouver/Toronto: Douglas and McIntyre, 1991); Geoffrey York and Loreen Pindera, People of the Pines: The Warriors and the Legacy of Oka (Boston: Little, Brown, 1991); Grand Council of the Crees (Eeyou Astchee), Never Without Consent: The James Bay Crees’ Stand Against Forcible Inclusion Into an Independent Quebec (Toronto: ECW Press, 1998); Janice G.A.E. Switlow, Gustafson Lake: Under Siege (Pezchland, B.C.: TIAC Communications, 1997).
64. Florida Indian Land Claim Settlement Act (96 Stat. 2012 (1982)). For background, see Robert T.Coulter, “Seminole Land Rights in Florida and the Award of the Indian Claims Commission,” American Indian Journal, Vol 4, No. 3, Aug. 1978.
65. See Winona LaDuke's “The White Earth Land Struggle,” in my Critical Issues in Native North America (Copenhagen: IWGIA Doc. 63, 1989) pp. 55–71; and her “White Earth: The Struggle Continues,” in my Critical Issues in Native North America, Vol. 2 (Copenhagen: IWGIA Doc. 68, 1991) pp. 99–103.
66. Daniel McCool, “Federal Indian Policy and the Sacred Mountains of the Papago Indians,” Journal of Ethnic Studies, Vol 9, No. 3, 1981.
67. Richard A.Lovett, “The Role of the Forest Service in Ski Resort Development: An Economic Approach to Public Lands Management,” Ecology Law Review, No. 10, 1983. Also see George Lu-bick, “Sacred Mountains, Kachinas, and Skiers: The Controversy Over the San Francisco Peaks,” in R. Lora, ed., The American West: Essays in Honor of W.Eugene Hollan (Toledo, OH: University of Toledo Press, 1980) pp. 133–53.
68. See the essay entitled “Genocide in Arizona? The ‘Navajo-Hopi Land Dispute’ in Perspective,” in my Struggle for the Land: Native North American Resistance to Genocide, Ecocide and Colonization (Winnipeg: Arbeiter Ring, [2nd ed.] 1999) pp. 135–72.
69. Jack Campisi, “The Trade and Intercourse Acts: Indian Land Claims on the Eastern Seaboard,” in Sutton, Irredeemable America, pp. 337–62.
70. For background, see M.C.Berry, The Alaska Pipeline: The Politics of Oil and Native Land Claims (Bloomington: Indiana University Press, 1975); John Berger, Report from the Frontier: The State of the World's Indigenous Peoples (London: Zed Books, 1987).
71. On the rejection, see U.S. House of Representatives, House Report 15066 (Washington, D.C.: 94th Cong., 1st Sess., 1974). In 1980, the Congress passed an act (94 Stat. 3321) mandating formation of a Native Hawaiians Study Commission (six federal officials and three Hawaiians) to find out “what the natives really want.” The answer, predictably, was land,
72. For the basis of the native argument here, see Haunani-Kay Trask, From a Native Daughter: Colonialism and Sovereignty in Hawai‘i (Honolulu: University of Hawai‘i Press, [2nd ed.] 1999). Also see Ward Churchill and Sharon H.Venne, eds., Islands in Captivity: The Record of the International Tribunal on the Rights of Native Hawaiians, 3 vols. (Cambridge, MA: South End Press, 2002).
73. Jefferson and other “radicals” held U.S. sovereignty accrued from the existence of the country itself and did not “devolve” from the British Crown. Put another way, Jefferson—in contrast to John Marshall—held that Britain's asserted discovery rights in North America had no bearing on U.S. rights to occupancy of the continent; Gordon Wood, The Creation of the American Republic, 1776–1787 (Chapel Hill: University of North Carolina Press, 1969) pp. 162–96; Merrill D.Peterson, Thomas Jefferson and the New Nation (New York: Oxford University Press, 1970) pp. 113–24.
74. This theme is explored by Vine Deloria, Jr., in an essay entitled “Self-Determination and the Concept of Sovereignty,” in Roxanne Dunbar Ortiz and Larry Emerson, eds., Economic Development in American Indian Reservations (Albuqerque: University of New Mexico Native American Studies Center, 1979) pp. 22–28. Also see Walter Harrison Mohr, Federal Indian Relations, 1774–1788 (Philadelphia: University of Pennsylvania Press, 1933).
75. Barbara Greymont, The Iroquois in the American Revolution (Syracuse, NY: Syracuse University Press, 1975). The concern felt by Congress with regard to the Iroquois as a military threat, and the consequent need to reach an accommodation with them, is expressed often in early official correspondence. See Washington C.Ford, et al., eds., Journals of the Continental Congress, 1774–1789, 34 vols. (Washington, D.C.: U.S. GPO, 1904–1937).
76. See Henry M.Manley, The Treaty of Fort Stanwix, 1784 (Rome, NY: Rome Sentinel, 1932). The text of the Fort Stanwix Treaty (7 Stat. 15) as well as that of the Fort Harmar Treaty (7 Stat. 33) will be found in Charles J.Kappler, ed., Indian Treaties, 1787–1883 (New York: Interland, 1973) pp. 5–6, 23–25.
77. Jack Campisi, “From Fort Stanwix to Canandaigua: National Policy, States’ Rights and Indian Land,” in Christopher Vescey and William A.Starna, eds., Iroquois Land Claims (Syracuse, NY: Syracuse University Press, 1988) pp. 49–65; quote from p. 55.
78. For an account of these meetings, conducted by New York's Governor Clinton during August and September 1784, see Franklin B.Hough, ed., Proceedings of the Commissioners of Indian Affairs, Appointed by Law for Extinguishment of Indian Titles in the State of New York, 2 vols. (Albany, NY: John Munsell, 1861) Vol. 1, pp. 41–63.
79. Clinton lied, bold-faced. New York's references to the Genesee Company concerned a bid by that group of land speculators to lease Oneida land which the Indians had not only rejected, but which the state legislature had refused to approve. In effect, the Oneidas had lost no land, were unlikely to, and the governor knew it; Campisi, “Fort Stanwix,” p. 59.
80. The leases are covered at various points in Public Papers of George Clinton: First Governor of New York Vol. 8 (Albany, NY: New York State Historical Society, 1904).
81. The price paid by New York for the Onondaga lease was “1,000 French Crowns, 200 pounds in clothing, plus a $500 annuity”; Helen M.Upton, The Everett Report in Historical Perspective: The Indians of New York (Albany: New York State Bicentennial Commission, 1980) p. 35.
82. Ibid., p. 38.
83. 1 Stat. 37, also called the “Nonintercourse Act.” The relevant portion of the statute reads: “[N]o sale of lands made by any Indians, or any nation or tribe of Indians within the United States, shall be valid to any person or persons, or to any state, whether having the right of pre-emption to such lands or not, unless the same shall be made and duly executed at some public treaty, held under the authority of the United States.” See generally, Francis Paul Prucha, American Indian Policy in the Formative Years: The Trade and Intercourse Acts, 1790–1834 (Lincoln: University of Nebraska Press, 1970).
84. Upton, Everett Report, p. 40.
85. For ratification discussion on the meaning of the Treaty of Canandaigua, see American State Papers: Documents, Legislative and Executive of the Congress of the United States, from the First Session to the Third Session of the Thirteenth Congress, Inclusive, Vol. 4 (Washington, D.C.: Gales and Seaton, 1832) pp. 545–70. The text of the Canandaiga Treaty (7 Stat. 44) will be found in Kappler, Indian Treaties, pp. 34–37. On Tecumseh's alliance, see R.David Edmunds, Tecumseh and the Quest for Indian Leadership (Boston: Little, Brown and Company, 1984).
86. Paul D.Edwards, The Holland Company (Buffalo, NY: Buffalo Historical Society, 1924).
87. For background, see John Sugden, Tecumseh's Last Stand (Norman: University of Oklahoma Press, 1985); Allan W.Eckert, A Sorrow in Our Heart: The Life of Tecumseh (Boston: Little, Brown, 1992).
88. Henry S.Manley, “Buying Buffalo from the Indians,” New York History, No. 28, July 1947.
89. For background, see Ronald Satz, American Indian Policy in the Jacksonian Era (Lincoln: University of Nebraska Press, 1975); Ernest Downs, “How the East Was Lost,” American Indian Journal, Vol. 1, No. 2, 1975.
90. A good dose of the rhetoric attending passage of the Removal Act, and thus a glimpse of official sensibilities during the period, will be found in U.S. Congress, Speeches on the Removal of the Indians, April-May, 1830 (New York: Jonathan Leavitt, 1830; New York: Kraus Reprints, 1973).
91. For text of the Treaty of Buffalo Creek (7 Stat. 550), see Kappler, Indian Treaties, pp. 502– 16. An interesting contemporaneous analysis will be found in Society of Friends (Hicksite), The Case of the Seneca Indians in the State of New York (Stanfordville, NY: Earl E.Coleman, 1979 reprint of 1840 original).
92. Most principal leaders of the Six Nations never signed the Buffalo Creek Treaty. In the Senate, the treaty came up one vote short in successive polls of reaching the number necessary for ratification. On the third attempt, it was necessary for Vice President Richard Johnson to vote in order for the constitutional requirement of a two-thirds majority to be met. This in itself was illegal, since the vice president is empowered to cast a vote in the Senate only for purposes of breaking a tie; Manley, “Buying Buffalo from the Indians.”
93. U.S. House of Representatives, H. Doc. 66 (Washington, D.C.: 26th Cong., 2d Sess., Jan. 6, 1841).
94. The text of the second Buffalo Creek Treaty (7 Stat. 586) will be found in Kappler, Indian Treaties, pp. 537–42.
95. The Tonawanda protest appears as U.S. Senate, S. Doc. 273 (Washington, D.C.: 29th Cong., 2d Sess., April 2, 1842). On the award, made on November 5, 1857, see Documents of the Assembly of the State of New York (Albany: 112th Sess., Doc. 51, 1889) pp. 167–70.
96. Upton, Everett Report, p. 53. The New York high court's invalidation of the leases is covered in U.S. v. Forness (125 F.2d 928 (1942)). On the courts deeming of the leases to be perpetual, see U.S. House of Representatives, Committee on Indian Affairs, Hearings in Favor of House Bill No. 12270 (Washington, D.C.: 57th Cong., 2d Sess., 1902).
97. Assembly Doc. 51, pp. 43, 408.
98. 28 Stat. 887, Mar. 2, 1895. On the Ogden maneuver, see Upton, Everett Report, p. 161.
99. Allotment was a policy designed to supplant the traditional indigenous practice of collective landholding with the supposedly more “civilized” Euroamerican individuated property titles. For a survey of the impacts of the federal governments 1887 General Allotment Act (ch. 119, 24 Stat. 388) upon native peoples, mostly west of the Mississippi, see Janet A.McDonnell, Dispossession of the American Indian, 1887–1934 (Bloomington: Indiana University Press, 1991).
100. Hearing in Favor of House Bill No. 12270, p. 23.
101. Ibid., p. 66.
102. The original case is Seneca Nation v. Appleby (127 AD 770 (1905)). It was appealed as Seneca Nation v. Appleby (196 NY 318 (1906)).
103. The case, U.S. v. Boylan (265 Fed. 165 (2d Cir. 1920)), is not important because of the negligible quantity of land restored but because it was the first time the federal judiciary formally acknowledged New York had never acquired legal title to Haudenosaunee land. It was also one of the very few times in American history when nonindians were actually evicted in order that Indians might recover illegally taken property.
104. New York State Indian Commission Act, Chapter 590, Laws of New York, May 12, 1919.
105. Upton, Everett Report, p. 99.
106. The final document is Edward A.Everett, Report of the New York State Indian Commission, Albany, NY, Mar. 17, 1922 (unpublished). The points mentioned are raised at pp. 308–9, 322–30.
107. Stenographic record of Aug. 21, 1922 meeting, Stillman files; New York State Historical Society, Albany.
108. Upton, Everett Report, pp. 124–29.
109. Ch. 576, 48 Stat. 948; now codified at 25 U.S.C. 461–279; also referred to as the “Wheeler-Howard Act,” in recognition of its congressional sponsors. For a somewhat too sympathetic overview, see Vine Deloria, Jr., and Clifford M.Lytle, The Nations Within: The Past and Future of American Indian Sovereignty (New York: Pantheon, 1984).
110. The total amount to be paid the Senecas for rental of their Salamanca property was $6,000 per year, much of which had gone unpaid since the mid-30s. The judges found the federal government to have defaulted on its obligation to regulate state and private leases of Seneca land and instructed it to take an active role in the future; Laurence M.Hauptman, “The Historical Background to the Present-Day Seneca Nation-Salamanca Lease Controversy,” in Vecsey and Starna, Iroquois Land Claims, pp. 101–22. Also see Arch Merrill, “The Salamanca Lease Settlement,” American Indian, No. 1, 1944.
111. These laws, which were replicated in Kansas and Iowa during 1952, predate the more general application of state jurisdiction to Indians embodied in Public Law 280, passed in August 1953. U.S. Congress, Joint Legislative Committee, Report: Leg. Doc. 74 (Washington, D.C.: 83rd Cong., 1st Sess., 1953).
112. This was based on a finding in U.S. v. Minnesota (270 U.S. 181 (1926)) that state statutes of limitations do not apply to federal action in Indian rights cases.
113. See Jack Campisi, “National Policy, States’ Rights, and Indian Sovereignty: The Case of the New York Iroquois,” in Michael K.Foster, Jack Campisi and Marianne Mithun, eds., Extending the Rafters: Interdisciplinary Approaches to Iroquoian Studies (Albany: State University of New York Press, 1984).
114. For the congressional position and commentary on the independent study of alternative sites undertaken by Dr. Arthur Morgan, see U.S. Senate, Committee on Interior and Insular Affairs, Hearings Before the Committee on Interior and Insular Affairs: Kinzua Dam Project, Pennsylvania (Washington, D.C.: 88th Cong., 1st Sess., May-Dec. 1963).
115. For further detail on the struggle around Kinzua Dam, see Laurence M.Hauptman, The Iroquois Struggle for Survival: World War II to Red Power (Syracuse, NY: Syracuse University Press, 1986).
116. Tuscarora Indians v. New York State Power Authority (257 F.2d 885 (1958)).
117. On the compromise acreage, see Laurence M.Hauptman, “Iroquois Land Claims Issues: At Odds with the ‘Family of New York,’” in Vecsey and Starna, Iroquois Land Claims, pp. 67–86.
118. It took another ten years for this to be spelled out definitively; Oneida Indian Nation v. United States (37 Ind. Cl. Comm. 522 (1971)).
119. For a detailed account of the discussions, agreements and various factions within the process, see Upton, Everett Report, pp. 139–61.
120. Margaret Treur, “Ganiekeh: An Alternative to the Reservation System and Public Trust,” American Indian Journal, Vol. 5, No. 5, 1979, pp. 22–26. On Wounded Knee, see, e.g., Robert Anderson, et al., Voices from Wounded Knee, 1973 (Rooseveltown, NY: Akwesasne Notes, 1974).
121. State of New York v. Danny White, et al. (Civ. No. 74-CV-370 (N.D.N.Y.), Apr. 1976); State of New York v. Danny White, et al. (Civ. No. 74-CV-370, Memorandum Decision and Order, 23 Mar. 1977).
122. On the Moss Lake Agreement, see Richard Kwartler, “‘This Is Our Land’: Mohawk Indians v. The State of New York,” in Robert B.Goldman, ed., Roundtable Justice: Case Studies in Conflict Resolution (Boulder, CO: Westview Press, 1980) pp. 7–20.
123. See Geoffrey York and Loreen Pindera, People of the Pines: The Warriors and the Legacy of Oka (Boston: Little, Brown, 1991).
124. Oneida Indian Nation of New York v. County of Oneida (14 U.S. 661 (1974)).
125. Oneida Indian Nation of New York v. County of Oneida (434 F.Supp. 527, 548 (N.D.N.Y. 1979)).
126. Allan Van Gestel, “New York Indian Land Claims: The Modern Landowner as Hostage,” in Vecsey and Starna, Iroquois Land Claims, pp. 123–39. Also see the revisions published as “When Fictions Take Hostages,” in James E.Clifton, ed., The Invented Indian: Cultural Fictions and Government Policies (New Brunswick, NJ: Transaction Books, 1990) pp. 291–312; and “The New York Indian Land Claims: An Overview and a Warning,” New York State Bar Journal, Apr. 1981.
127. County of Oneida v. Oneida Indian Nation of New York (470 U.S. 226 (1985)).
128. Arlinda Locklear, “The Oneida Land Claims: A Legal Overview,” in Vecsey and Starna, Iroquois Land Claims, pp. 141–53, quote at p. 153.
129. Ibid., p. 148.
130. This suit was later recast to name the state rather than the counties as primary defendant, and enlarged to encompass six million acres. It was challenged, but upheld on appeal; Oneida Indian Nation of New York v. State of New York (691 F.2d 1070 (1982)). Dismissed by a district judge four years later (Claire Brennan, “Oneida Claim to 6 Million Acres Voided,” Syracuse Post-Standard, Nov. 22, 1986), it was reinstated by the Second Circuit Court in 1988; Oneida Indian Nation of New York v. State of New York (860 F.2d 1145).
131. Oneida Nation of Indians of Wisconsin v. State of New York (85 F.D.R. 701, 703 (N.Y.D.C. 1980)).
132. New York has attempted various arguments to obtain dismissal of the Cayuga suit. In 1990, the states contention that it had obtained bona fide land title to the disputed area in leases obtained in 1795 and 1801 was overruled at the district court level; Cayuga Indian Nation of New York v. Cuomo (730 F.Supp. 485). In 1991, an “interpretation” by the state attorney general that reservation of land by the Six Nations in the Fort Stanwix Treaty “did not really” invest recognizable title in them was similarly overruled; Cayuga Indian Nation of New York v. Cuomo (758 F.Supp. 107). Finally, in 1991, a state contention that only a special railroad reorganization board should have jurisdiction to preside over claims involving areas leased to railroads was overruled; Cayuga Indian Nation of New York v. Cuomo (762 F.Supp. 30).
133. The terms of the agreement were published in Finger Lakes Times, Aug. 18, 1979.
134. Quoted in ibid.
135. Ibid.
136. For further details, see Chris Lavin, “The Cayuga Land Claims,” in Vecsey and Starna, Iroquois Land Claims, pp. 87–100.
137. Ibid.
138. The one jurisdictional exception derives from a 1988 Second Circuit Court ruling that a federal statute passed in 1875 empowers the City of Salamanca, rather than the Senecas, to regulate zoning within the leased area so long as the leases exist; John v. City of Salamanca (845 F.2d 37).
139. The nonindian city government of Salamanca, a subpart of which is the Salamanca Lease Authority, filed suit in 1990 to block settlement of the Seneca claim as “unconstitutional,” and to compel a new 99-year lease on its own terms (Salamanca Indian Lease Authority v. Seneca Indian Nation, Civ. No. 1300, Docket 91–7086). They lost and appealed. The lower court decision was affirmed by the Second Circuit Court on Mar 15, 1991, on the basis that the Senecas enjoy “sovereign immunity” from any further such suits.
140. P.L. 101–503 (104 Stat. 1179).
141. See, e.g., Frank Pommershine, “Tribal-State Relations: Hope for the Future?” South Dakota Law Review, No. 36, 1991; David E.Wilkins, “Reconsidering the Tribal-State Compact Process,” Policy Studies Journal No. 22, 1994.
142. This approach is entirely consistent with those advocated by several of the authors collected in Stephen Cornell's and Joseph P.Kalt's coedited volume, What Can Tribes Do? Strategies and Institutions in American Indian Economic Development (Los Angeles: UCLA American Indian Studies Program, 1992).
143. Glenn A.Phelps, “Representation Without Taxation: Citizenship and Sufferage in Indian Country,” American Indian Quarterly, No. 9, 1985.
144. A useful survey of this and related situations will be found in K.Grover, et al., “Tribal-State Dispute Resolution: Recent Attempts,” South Dakota Law Review, No. 36, 1991.
145. As the matter was framed by Dr. Martin Luther King, Jr., “those who make peaceful change impossible, make violent change inevitable”; quoted in a related context in my “Last Stand at Lubicon Lake: Genocide and Ecocide in the Canadian North,” in Struggle for the Land, p. 228.
146. See, e.g., Felix S.Cohen's “Original Indian Title,” in Lucy Kramer Cohen, ed., The Legal Conscience: Selected Papers of Felix S.Cohen (New Haven, CT: Yale University Press, 1960) pp. 273–304.
147. Everett Somerville Brown and Herbert E.Bolton, eds., A Constitutional History of the Louisiana Purchase, 1803–1812 (New York: Beard Books, 2000).
148. The full text of the “Treaty of Fort Laramie with the Sioux, Etc., 1851” (11 Stat. 749), will be found in Kappler, Indian Treaties, pp. 594–96. For context, see Remi Nadeau, Fort Laramie and the Sioux (Lincoln: University of Nebraska Press, 1967).
149. Dee Brown, Fort Phil Kearny: An American Saga (Lincoln: University of Nebraska Press, 1971) pp. 184–90. For further background, see LeRoy R.Hafen and Francis Marlon Young, Fort Laramie and the Pageant of the West, 1834–1890 (Lincoln: University of Nebraska Press, 1938).
150. The full text of the 1868 Fort Laramie Treaty (15 Stat. 635) will be found in Kappler, Indian Treaties, pp. 998–1007. Lakota territoriality is spelled out under Articles 2 and 16.
151. 1868 Treaty, Article 17.
152. Ibid., Article 12.
153. William Ludlow, Report of a Reconnaissance of the Black Hills of Dakota (Washington, D.C.: U.S. Department of War, 1875). More accessibly, see Donald Jackson, Custer's Gold: The United States Cavalry Expedition of 1874 (Lincoln: University of Nebraska Press, 1966) p. 8.
154. Ibid. Also see Walter P.Jenny's Report on the Mineral Wealth, Climate and Rainfall and Natural Resources of the Black Hills of Dakota (Washington, D.C.: 44th Cong., 1st Sess., Exec. Doc. No. 51, 1876).
155. This was the “Allison Commission” of 1875. For the most comprehensive account of the Commission's failed purchase attempt, see U.S. Department of Interior, Bureau of Indian Affairs, Annual Report of the Commissioner of Indian Affairs, 1875 (Washington, D.C.: U.S. GPO, 1875).
156. Frank Pommershein, “The Black Hills Case: On the Cusp of History,” Wicazo Sa Review, Vol. IV, No. 1, Spring 1988, p. 19. The government's secret maneuvering is spelled out in a report prepared by E.T.Watkins published as Executive Document 184 (Washington, D.C.: 44th Cong., 1st Sess., 1876) pp. 8–9.
157. Ralph Andrist, The Long Death: The Last Days of the Plains Indians (New York: Collier, 1964) pp. 276–292.
158. John Trebbel, Compact History of the Indian Wars (New York: Tower Books, 1966) p. 277. Also see J.W.Vaughn, With Crook at the Rosebud (Harrisburg, PA: Stackpole Books, 1956).
159. Dee Brown, Bury My Heart At Wounded Knee: An Indian History of the American West (New York: Holt, Rinehart and Winston, 1970) pp. 301–10.
160. For use of the term, see Jerome A.Greene, Slim Buttes: An Episode of the Great Sioux War, 1876 (Norman: University of Oklahoma Press, 1982).
161. On the “total war” policy and its prosecution, see Andrist, Long Death, p. 297.
162. Brown, Bury My Heart, p. 312. Also see Mari Sandoz, Crazy Horse: Strange Man of the Oglalas (Lincoln: University of Nebraska Press, 1942); Robert A.Clark, ed., The Killing of Chief Crazy Horse (Lincoln: University of Nebraska Press, 1976).
163. 19 Stat. 254 (1877).
164. Act of August 15, 1876 (ch. 289, 19 Stat. 176, 192); the matter is well covered in “1986 Black Hills Hearings on S.1453, Introduction” (prepared by the office of Sen. Daniel Inouye); Wicazo Sa Review, Vol IV, No. 1, Spring 1988, p. 10.
165. Vine Deloria, Jr., “Reflections on the Black Hills Claim,” Wicazo Sa Review, Vol. IV, No. 1, Spring 1988, pp. 33–38.
166. 18 U.S.CA. § 1153 (1885) and 25 U.S.CA § 331 (1887), respectively.
167. Andrist, Long Death, pp. 351–52.
168. See the chapter en titled “The Politics of Repression” in Ronald Neizen, Spirit Wars: Native North American Religions in the Age of Nation-Building (Berkeley: University of California Press, 2000) pp. 128–60.
169. 8 U.S.C.A. § 140 (a) (2) (1924) and 25 U.S.C.A. 461 (1934), respectively.
170. See generally, Tom Holm, Strong Hearts, Wounded Souls: Native American Veterans of the Vietnam War (Austin: University of Texas Press, 1996).
171. A detailed examination of the IRA and its passage is to be found in Vine Deloria, Jr., and Clifford M.Lytle, The Nations Within: The Past and Future of American Indian Sovereignty (New York: Pantheon 1984). Also see Kenneth R.Philp, ed., Indian Self-Rule: First-Hand Accounts of Indian-White Relations from Roosevelt to Reagan (Salt Lake City: Howe Bros., 1986).
172. Thomas Biolosi, Organizing the Lakota: The Political Economy of the New Deal on the Pine Ridge and Rosebud Reservations (Tucson: University of Arizona Press, 1992).
173. Vine Deloria, Jr., and Clifford M.Lytle, American Indians, American Justice (Austin: University of Texas Press, 1983) pp. 17–18.
174. On the Menominees, see Nicholas C. Peroff, Menominee DRUMS: Tribal Termination and Restoration, 1954–1974 (Norman: University of Oklahoma Press, 1982). On the Klamaths, see Theodore Stern, The Klamath Tribe: The People and Their Reservation (Seattle: University of Washington Press, 1965). For a more general view of U.S. termination/relocation policies and their place in the broader sweep of federal affairs, see Richard Drinnon, Keeper of Concentration Camps: Dillon S. Myer and American Racism (Berkeley: University of California Press, 1987). Also see “Like Sand in the Wind,” herein.
175. This occurred as a result of an 1891 amendment (26 Stat. 794) to the General Allotment Act providing that the Secretary of the Interior (“or his delegate,” meaning the BIA) might lease out the land of any Indian who, in his opinion, “by reason of age or other disability” could not “personally and with benefit to himself occupy or improve his allotment or any part thereof.” As Deloria and Lytle observe (American Indians, American Justice, p. 10): “In effect this amendment gave the secretary of [the] interior almost dictatorial powers over the use of allotments since, if the local agent disagreed with the use to which [reservation] lands were being put, he could intervene and lease the lands to whomsoever he pleased.” Thus, by the 1970s, the bulk of the useful land on many reservations in the U.S.—such as those of the Lakota—had been placed in the hands of nonindian individuals or business enterprises, and at very low rates.
176. R.Jones, American Indian Policy: Selected Issues in the 98th Congress (Washington, D.C.: Issue Brief No. 1B83083, Library of Congress, Governmental Division, [updated version] 2/6/84) pp. 3–4.
177. Department of Health and Human Services, Indian Health Service, American Indians: A Statistical Profile (Washington, D.C.: U.S. GPO, 1988).
178. The language accrues from one of President Woodrow Wilson's many speeches on the League of Nations in the immediate aftermath of World War I; Ray Stannard Baker and William E. Dodd, eds., The Public Papers ofWoodrow Wilson, 2 vols. (New York: Harper, 1926) Vol. 2, p. 407.
179. 41 Stat. 738 (1920).
180. Sioux Tribe v. U.S. (97 Ct. Cl. 613 (1943)).
181. Sioux Tribe v. U.S. (318 U.S. 789 (1943)).
182. Sioux Tribe v. U.S. (2 Ind. Cl. Comm. (1956)).
183. Sioux Tribe v. U.S. (146 F.Supp. 229 (1946)).
184. Inouye, “Introduction,” pp. 11–12.
185. U.S. v. Sioux Nation (448 U.S. 371, 385 (1968)).
186. Sioux Nation v. U.S. (33 Ind. Cl. Comm. 151 (1974)); the opinion was/is a legal absurdity insofar as Congress holds no such “power of eminent domain” over the territoriality of other nations.
187. U.S. v. Sioux Nation (207 Ct. Cl. 243, 518 F.2d. 1293 (1975)).
188. Inouye, “Introduction,” p. 12.
189. Sioux Nation v. U.S. (423 U.S. 1016 (1975)).
190. Pommersheim, “Black Hills Case,” pp. 18–25.
191. P.L. 95–243 (92 Stat. 153 (1978)).
192. Sioux Nation v. U.S. (220 Ct. Cl. 442, 601 F.2d. 1157 (1975)).
193. Sioux Nation v. U.S. (488 U.S. 371 (1980)).
194. Pommersheim, “Black Hills Case”; Deloria, “Reflections on the Black Hills Claim.”
195. Oglala Sioux v.U.S. (650 F.2d 140 (1981), cert, denied).
196. Oglala Sioux v. U.S. (455 U.S. 907 (1982)).
197. Sioux Tribe v. U.S. (7 Cl. Ct. 80 (1985)).
198. An interesting study of this overall dynamic, in which the Black Hills cases figure prominently, will be found in David E.Wilkins’ American Indian Sovereignty and the Supreme Court (Austin: University of Texas Press, 1997) esp. pp. 217–34.
199. See note 192.
200. There are, of course, those like Chief Justice of the Supreme Court William Rehnquist who consider anything other than a categorical refutation of any and all Indian contentions to be “one-sided,” “revisionist,” and therefore “unfair.” As was noted in the majority opinion written by Justice Harry Blackmum in the Black Hills case, however, Rehnquist could cite no historians supporting his “don’t confuse me with the facts” version of history; analyzed in Wilkins, Indian Sovereignty, pp. 225–31.
201. Peter Matthiessen, In the Spirit of Crazy Horse (New York: Viking, [2nd ed.] 1991) pp. 425– 28.
202. Paul Chaat Smith and Robert Allen Warrior, Like a Hurricane: The American Indian Movement from Alcatraz to Wounded Knee (New York: New Press, 1996).
203. See “Bloody Wake of Alcatraz,” herein.
204. This is well handled in Rex Weyler's Blood of the Land: The Government and Corporate War Against the American Indian Movement (Philadelphia: New Society, [2nd ed.] 1992).
205. Durham's work is mentioned in Deloria, Behind the Trail of Broken Treaties, p. 267. Also see the relevant material in Durham, Lack of Coherence, esp. the essays entitled “United Nations Conference on Indians” and “American Indians and Carter's Human Rights Sermons,” pp. 27–29, 39–45.
206. United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities Resolution 2 (XXXTV) of 8 Sept. 1981; endorsed by the Commission on Human Rights by Resolution 1982/19 of 10 March 1982; authorized by ECOSOC Resolution 1983/ 34 on May 7, 1982.
207. See, e.g., Sadruddin Aga Khan and Hallin Bin Talal, Indigenous Peoples: A Global Quest for Justice (London: Zed Books, 1987).
208. As concerns the study of conditions, this is the so-called “Cobo Report” (U.N. Doc. E/CN. 4/Sub.2/AC.4/1985/WP.5). Much of the content appears in Burger, Report From the Frontier.
209. For an overview of the drafting process, see my “Subterfuge and Self-Determination: Suppression of Indigenous Sovereignty in the 20th Century United States,” Z Magazine, May 1997.
210. See Imre Sutton, “Configurations of Land Claims: Toward a Model,” in Sutton, Irredeemable America, pp. 121–26.
211. Perhaps the most comprehensive assessment of the meaning of the AIM action during this period may be found in my “The Extralegal Implications of Yellow Thunder Tiospaye. Misadventure or Watershed Action?” Policy Perspectives, Vol. 2, No. 2, 1982. Also see the chapter entitled “Yellow Thunder” in Weyler's Blood.
212. U.S. v. Means, et al. (627 F.Supp. 247 (1985)).
213. P.L. 95–431 (92 Stat. 153 (1978)).
214. Lyng v. Northwest Indian Cemetery Protective Association, 56 U.S. Law Week 4292. For analysis, see Vine Deloria, Jr.'s “Trouble in High Places: Erosion of American Indian Religious Freedom in the United States,” in M.Annette Jaimes, ed., The State of Native America: Genocide, Colonization and Resistance (Boston: South End Press, 1992) pp. 267–87. On the Circuit Court decision, see U.S. v. Means (858 F.2d 404 (8th Cir., 1988)).
215. The bill was drafted by the Black Hills Sioux National Council, nominally headed by Gerald Clifford and Charlotte Black Elk at Cheyenne River; for a reasonably thorough, if noticeably hostile, treatment of the Council, see Edward Lazarus, Black Hills, White Justice: The Sioux Nation versus the United States, 1775 to the Present (New York: HarperCollins, 1991) pp. 164, 186–87, 209, 226, 232–33.
216. Fergus M.Bordewich, Killing the White Man's Indian: Reinventing Native Americans at the End of the Twentieth Century (Garden City, NY: Doubleday, 1996) p. 230.
217. The full text of S.1453 may be found in Wicazo Sa Review, Vol IV, No. 1, Spring 1988, p. 3.
218. On Homestake, see Weyler, Blood, pp. 262–63. It should be noted that Homestake itself was briefly the defendant in a substantial damage suit; Oglala Sioux Tribe v. Homestake Mining Co. (722 F.2d 1407 (8th Cir. 1983)).
219. The figure was apparently arrived at by computing rent on the Black Hills claim area at a rate of eleven cents per acre for 100 years, interest compounded annually, plus $310 million in accrued mineral royalties. Much of the appeal of Stevens’ pitch, of course, was that it came much closer to the actual amount owed the Lakota than that allowed in the Bradley Bill.
220. For instance, he made a cash donation of $34,000 to the Red Cloud School, on Pine Ridge, in 1987.
221. On Pine Ridge, for example, Stevens had attracted support from the influential elder Oliver Red Cloud and his Grey Eagle Society, as well as then-tribal attorney Mario Gonzales. His “plan” was therefore endorsed by votes of the tribal councils on Pine Ridge, Rosebud, and Cheyenne River; see generally Mario Gonzalez and Elizabeth Cook-Lynn, The Politics of Hallowed Ground: Wounded Knee and the Struggle for Indian Sovereignty (Urbana: University of Illinois Press, 1999).
222. Lazarus, Black Hills, White Justice, p. 423.
223. Ibid., p. 424.
224. Quoted in ibid., p. 425.
225. Ibid. Miller seems to have adopted his outlandish view of Black Hills regional history from Chief Justice Rehnquist (see note 200). In any event, it is included in Wicazo Sa Review, Vol. IV, No. 1, Spring 1988.
226. Lazarus, Black Hills, White Justice, p. 425.
227. Ibid. The resolution failed to pass the Senate by a narrow margin.
228. Ibid., p. 424.
229. Russell Means, conversation with the author, Apr. 1991.
230. Tim Giago, statement on National Public Radio, May 1988.
231. The text of the treaty (18 Stat. 689) will be found in Kappler, Indian Treaties, pp. 851–53.
232. Rudolph C.Ryser, Newe Segobia and the United States of America (Kenmore, WA: Center for World Indigenous Studies, 1985). Also see Peter Matthiessen, Indian Country, (New York: Viking, 1984), pp. 261–89.
233. Actually, under U.S. law, a specific Act of Congress is required to extinguish aboriginal title; U.S. ex rel. Hualapi Indians v. Santa Fe Railroad (314 U.S. 339, 354 (1941)). On Newe use of the land during this period, see Richard O.Clemmer, “Land Use Patterns and Aboriginal Rights: Northern and Eastern Nevada, 1858–1971,” Indian Historian, Vol. 7, No. 1, 1974, pp. 24–41, 47–49.
234. Ryser, Newe Segobia, pp. 15–16.
235. Wilkinson had already entered into negotiations to represent the Temoak before the Claims Commission Act was passed; ibid., p. 13, n. 1.
236. The Temoaks have said consistently that Wilkinson always represented the claim to them as being for land rather than money. The firm is known to have run the same scam on other Indian clients; ibid., pp. 16–17.
237. Ibid., p. 16. Also see Robert T.Coulter, “The Denial of Legal Remedies to Indian Nations Under U.S. Law,” American Indian Law Journal, Vol. 9, No. 3, 1977, pp. 5–9; Coulter and Tullberg, “Indian land Rights,” pp. 190–91.
238. Glenn T.Morris, “The Battle for Newe Segobia: The Western Shoshone Land Rights Struggle,” in my Critical Issues in Native North America, Vol. 2, pp. 86–98.
239. Quoted in Jerry Mander, In Absence of the Sacred: The Failure of Technology and the Survival of the Indian Nations (San Francisco: Sierra Club Books, 1991), pp. 307–8.
240. Ibid., p. 309.
241. Quoted in ibid., p. 310.
242. Ibid., p. 308.
243. Quoted in ibid., p. 310.
244. Quoted in ibid., p. 309.
245. Ibid., p. 308.
246. Morris, “Battle for Newe Segobia,” p. 90. The case is Western Shoshone Identifiable Group v. United States (11 Ind. Cl. Comm. 387, 416 (1962)). The whole issue is well covered in Jack D. Forbes, “The ‘Public Domain’ in Nevada and Its Relationship to Indian Property Rights,” Nevada State Bar Journal, No. 30 (1965), pp. 16–47.
247. The first award amount appears in Western Shoshone Identifiable Group v. United States (29 Ind. Cl. Comm. 5 (1972)), p. 124. The second award appears in Western Shoshone Identifiable Group v. United States (40 Ind. Cl. Comm. 305 (1977)).
248. The final Court of Claims order for Wilkinson's retention is in Western Shoshone Identifiable Group v. United States (593 F.2d 994 (1979)). Also see “Excerpts from a Memorandum from the Duckwater Shoshone Tribe, Battle Mountain Indian Community, and the Western Shoshone Sacred Lands Association in Opposition to the Motion and Petition for Attorney Fees and Expenses, July 15, 1980,” in Rethinking Indian Law, pp. 68–69.
249. Western Shoshone Identifiable Group v. United States (40 Ind. Cl. Comm. 311 (1977)). The final award valued the Shoshone land at $1.05 per acre. The land in question brings about $250 per acre on the open market at present.
250. Ryser, Newe Segobia, p. 8, n. 4.
251. Ibid, p. 20.
252. Quoted in Mander, Absence of the Sacred, p. 301.
253. Quoted in ibid., pp. 308–9.
254. Ibid., p. 311.
255. Quoted in ibid., p. 302.
256. U.S. v. Dann (572 F.2d 222 (1978)). For background, see Kristine L.Foot, “United States v. Dann: What It Portends for Ownership of Millions of Acres in the Western United States,” Public Land Law Review, No. 5, 1984, pp. 183–91.
257. Quoted in Mander, Absence of the Sacred, p. 312.
258. Ibid.
259. U.S. v. Dann (Civ. No. R-74–60, Apr. 25, 1980).
260. U.S. v. Dann (706 F.2d 919, 926 (1983)).
261. Morris, “Battle for Newe Segobia,” p. 94.
262. Quoted in Mander, Absence of the Sacred, p. 318.
263. Ibid., pp. 316–17.
264. Angela, Ursula and Alessandra, WSDP Activists, “U.S. Jails Clifford Dann,” Western Shoshone Defense Project Newsletter, Vol. 1, No. 4, 1993. One of the problems experienced in this case was the intervention of Canadian attorney Bruce Clark, who counseled Clifford Dann to adopt a strict “sovereignty defense” in simply rejecting U.S. jurisidiction at trial. While Clark's position was techincally correct, it would have been pertinent—as Colorado AIM leader Glenn T.Morris, himself an attorney, pointed out at the time—to have also observed that Dann happened to be entirely innocent of the charges against him. For his part, presiding judge Bill McKibben imposed an especially harsh sentence because, he said, he wanted to “make an example that U.S. law cannot be ignored.”
265. Mander, Absence of the Sacred, p. 317.
266. The Inter-American Commission is an organ mandated by the OAS Charter with the task of promoting observance of human rights among OAS member states, including the U.S. As a member of the OAS, the U.S. is legally bound to uphold the organization's human rights principles. The Commission's action was taken in response to a petition filed by Mary and Carrie Dann on Feb. 19, 1998; “Inter-American Commission on Human Rights Requests United States to Stay Action Against Western Shoshone Sisters,” Indian Law Resource Center Press Release, Apr. 7, 1988; “Inter-American Commission on Human Rights Considers the Danns’ Case Against the United States,” Western Shoshone Defense Project Newsletter, Vol. 5, No. 1, 1997.
267. Quoted in Mander, Absence of the Sacred, p. 313.
268. Ibid.
269. Quoted in ibid., p. 316.
270. Conversation with Raymond Yowell, Reno, Nevada, Apr. 1991.
271. Quoted in Mander, Absence of the Sacred, p. 314.
272. Ibid.
273. Quoted in ibid., p. 315.
274. Ibid.
275. Estimate provided by Raymond Yowell.
276. Anders Stephanson, Manifest Destiny: American Expansion and the Empire of Right (New York: Hill and Wang, 1995).
277. This, of course, was precisely the situation the entire Indian Claims Commission process of paying compensation rather than effecting land restorations was designed to avert; Leonard A.Carlson, “What Was It Worth? Economic and Historical Aspects of Determining Awards in Indian Land Claims Cases,” in Sutton, Irredeemable America, pp. 87–110.
278. Christopher Sewall, “Oro Nevada Mining Company: The Trojan Horse,” Western Shoshone Defense Project Newsletter, Vol 5, No.1, 1997.
279. Ibid.
280. “In 1995, Canadian company Diamond Field Resources discovered the world's richest nickel deposit at Voisy Bay. Since then, over 300,000 mining claims have been filed by hundreds of companies and individuals on land that has never been ceded or sold by its original occupants. While currently pushing forward with their land claims, the Innu and Inuit were recently informed by the provincial government of Newfoundland that the land on which the mineral deposit is located will not be part of any land claims negotiations… On the southern portion of Innu territory (known as Nitassinan), along the north shore of the St. Lawrence River in Quebec, a similar mining rush has occurred”; ibid., p. 9. Also see Mick Lowe, Premature Bonanza: Standoff at Voisey's Bay (Toronto: Between the Lines, 1998).
281. Suharto, whose military until recently provided direct security for Bre-X's operations, has an especially bloody history. In 1965, he led the coup against Indonesian president Sukarno that left as many as a million people dead; Noam Chomsky and Edward S.Herman, The Political Economy of Human Rights, Vol. 1: The Washington Connection and Third World Fascism (Boston: South End Press, 1979) pp. 205–9. More recently, he oversaw the genocidal pacification of East Timor; John G. Taylor, Indonesia's Forgotten War: The Hidden History of East Timor (London: Pluto Press, 1991). The royalties paid by Bre-X, which claims to have discovered Indonesia's richest gold deposit, not only reinforced this ghastly régime, but augmented the personal fortune Suharto—estimated at $60 billion—siphoned from his generally impoverished people.
282. On Nov. 10, 1997, Oro-Nevada Resources Vice President for Government Affairs Tibeau Piquet announced the “Hand Me Down Project” to secure partners in opening mines in Crescent Valley. The Vancouver-based Placer Dome Corporation, a subsidiary of Kennecott, was most prominently spotlighted as a possibility, probably because of its existing mines in the area. Others mentioned were the Toronto-based Barrick Gold Corporation and Denver's Newmont Mining; “Oro Nevada Action Alert, Letters Needed!” Western Shoshone Defense Project Newsletter, Vol. 5, No. 2, 1997. On Cortez Gold, see Chris Sewall, “Cortez, The Conquest Continues,” Western Shoshone Defense Project Newsletter, Vol. 3, No. 1, 1995. On the Pipeline Mine, see Christopher Sewall, “Pipeline's Dirty Little Secrets: Placer Dome's new mine in Crescent Valley experiencing problems,” Western Shoshone Defense Project Newsletter, Vol. 5, No. 2, 1997. On South Pipeline, see Christopher Sewall, “South Pipeline: We Told You So!,” Western Shoshone Defense Project Newsletter, Vol. 5, No. 1, 1997. In addition to Pipeline and Pipeline South, another sixteen mines are operating in the area and a seventeenth, Echo Bay Mining's planned pit at Twin Creeks, has recently been approved; Tom Myers, “Twin Creeks Mine Approved by BLM,” Western Shoshone Defense Project Newsletter, Vol. 5, No. 1, 1997.
283. Christopher Sewall, “Australian Mining Giant Has Eyes On Western Shoshone Land,” Western Shoshone Defense Project Newsletter, Vol. 5, No. 1, 1997. Aside from WMC, other corporations with speculative interests in the area include Amax Gold, Independence Mining, Royal Gold, Battle Mountain Gold, Homestake Mining and Uranez; “Oro Action Alert.”
284. On testing in Micronesia, see Jason Clay, “Militarization and Indigenous Peoples, Part I: The Americas and the Pacific,” Cultural Survival Quarterly, No. 3, 1987. On testing in Nevada, see Dagmar Thorpe's Newe Segobia: The Western Shoshone People and Land (Lee, NV: Western Shoshone Sacred Lands Association, 1982) and “A Breach of Trust,” herein.
285. Ian Zabarte, “Western Shoshone National Sovereignty Violated by Subcritical Nuclear Weapons Test,” Western Shoshone Defense Project Newsletter, Vol. 5, No. 2, 1997.
286. Bernard Nietschmann and William Le Bon, “Nuclear States and Fourth World Nations,” Cultural Survival Quarterly, Vol. 11, No. 4, 1988, pp. 4–7.
287. The Yucca Mountain plan is probably best handled in Gerald Jacob's Site Unseen: The Politics of Siting a Nuclear Repository (Pittsburgh: University of Pittsburgh Press, 1990) and Valerie L. Kuletz's The Tainted Desert: Environmental and Social Ruin in the American West (New York: Routledge, 1998).
288. Martha C. Knack, “MX Issues for Native American Communities,” in Francis Hartigan, ed., MX in Nevada: A Humanistic Perspective (Reno: Nevada Humanities Press, 1980), pp. 59–66.
289. Quoted in Mander, Absence of the Sacred, p. 313.
290. Quoted in ibid., pp. 312–13.
291. Quoted in Nietschmann and Le Bon, “Nuclear States,” p. 7.
292. Sanchez, an organizer with the Seventh Generation Fund, died of leukemia on June 30, 1993. He was 37 years old; Mary Lee Dazey and Dedee Sanchez, “Remembering Joe Sanchez,” Western Shoshone Defence Project Newsletter, Vol. 1, No. 5, 1993.
293. Mander, Absence of the Sacred, p. 316.
294. Understandings on this score appear to be relatively well developed in some quarters of the nonindigenous opposition in Canada; see, e.g., discussion of the so-called Friends of the Lubicon in my “Last Stand at Lubicon Lake,” in Struggle for the Land, esp. pp. 215–28.
295. There are those in the U.S. who seem to have taken, or are taking, the point to heart; see, e.g., Susan Zakin, Coyotes and Town Dogs: Earth First! and the Environmental Movement (New York: Viking, 1993) p. 246. Also see the chapter entitled “Black Hills Alliance,” in Russell Means with Marvin J.Wolf, Where White Men Fear to Tread (New York: St. Martin's Press, 1996) pp. 397–402.
296. The sort of coalition at issue emerged with respect to opposing the Great Whale Project at James Bay; see, e.g., Grand Council of the Crees, Never Without Consent. Also see the section entitled “James Bay II” in “The Water Plot: Hydrological Rape in Northern Canada,” in my Struggle for the Land, pp. 303–9,
297. This is exactly what I had in mind when I titled the introductory essay, “Journeying Toward a Debate,” in my first edited volume, Marxism and Native Americans (Boston: South End Press, 1983) pp. 1–16.
298. Bernard Fall, Hell in a Very Small Place: The Siege of Dien Bien Phu (Santa Barbara: DeCapo Press, 1988 reprint of 1967 original).
299. Pierre Boudieu, The Algerians (Boston: Beacon Press, 1962).
300. Michael Perez-Stable, The Cuban Revolution: Origins, Course and Legacy (New York: Oxford University Press, 1998).
301. George Black, Triumph of the People: The Sandinista Revolution in Nicaragua (London: Zed Books, 1985); Editors, The Sandinista Revolution (New York: Monthly Review Press, 1986).
302. The actual quote was, “Be realistic, demand the impossible!”; Daniel Cohn-Bendit, Obsolete Communism: The Left-Wing Alternative (New York: McGraw-Hill, 1968) p. 131.
303. This point was long ago made from within the “Third World Revolution” itself; Régis De-bray, Revolution in the Revolution? (New York: Monthly Review Press, 1968).
304. See, e.g., Thomas, “Colonialism.” For theoretical underpinnings, see Antonio Gramsci's 1920 essay, “The Southern Question,” included in his The Modern Prince and Other Writings (New York: International, 1957) pp. 28–51. For a classic study of the phenomenon, see Michael Hector's Internal Colonialism: The Celtic Fringe in British National Development, 1536– 1966 (Berkeley: University of California Press, 1975).
305. This is true, if for no other reason, because of the accuracy attending Sartre's equation of colonialism to genocide; Jean-Paul Sartre, “On Genocide,” Ramparts, Feb. 1968 (included in Jean-Paul Sartre and Arlette El Kaim-Sartre, On Genocide and a Summary of the Evidence and Judgements of the International War Crimes Tribunal [Boston: Beacon Press, 1968]).
306. The point is made well, albeit in other connections, by Edward S.Herman and Noam Chomsky in their Manufacturing Consent: The Political Economy of the Mass Media (New York: Pantheon, 1988).
307. See, e.g., the various polemics analyzed in the essays “Assaults on Truth and Memory: Holocaust Denial in Context” and “Lie for Lie: Linkages Between Holocaust Deniers and Proponents of the ‘Uniqueness of the Jewish Experience in World War IF,” in my A Little Matter of Genocide: Holocaust and Denial in the Americas, 1492 to the Present (San Francisco: City Lights, 1997) pp. 19–62, 63–80.
308. Good illustrations of how this works will be found in the chapter entitled “Silencing the Voice of the People: How Mining Companies Subvert Local Opposition,” in Al Gedicks’ Resource Rebels: Native Challenges to Mining and Oil Corporations (Cambridge, MA: South End Press, 2001) pp. 159–80.
309. See, e.g., the exchange described by Jimmie Durham between himself and a member of the progressive Institute for Policy Studies on the issue of indigenous rights; Durham, Lack of Coherence, p. 174. Also see David Stock, “The Settler State and the U.S. Left,” Forward Motion, Vol. 9, No. 4, Jan. 1991.
310. A devastating critique of this tendency will be found in J.Sakai, Settlers: The Myth of the White Proletariat (Chicago: Morningstar, 1983). Also see David Roediger, The Wages of Whiteness: Race and the Making of the American Working Class (London: Verso, 1991); George Lipsitz, The Possessive Investment in Whiteness: How White People Profit from Identity Politics (Philadelphia: Temple University Press, 1998).
311. A perfect illustration will be found in the “Indian Plank” of the Program and Platform of the Revolutionary Communist Party, USA, beginning with its 1980 iteration. For insight into the RCP's sentiments vis-à-vis native peoples, see its “Searching for the Second Harvest,” included in my Marxism and Native Americans, pp. 35–58. For theoretical assessment, see “False Promises,” herein.
312. See, as examples, Imre Sutton, “Indian Land Rights and the Sagebrush Rebellion,” Geographical Review, No. 72, 1982, pp. 357–59; David Lyons, “The New Indian Claims and Original Rights to Land,” Social Theory and Practice, No. 4, 1977; Richard D.Clayton, “The Sagebrush Rebellion: Who Would Control Public Lands?” Utah Law Review, No. 68, 1980.
313. For a sample of environmentalist arguments, see T.H.Watkins, “Ancient Wrongs and Public Rights,” Sierra Club Bulletin, Vol. 59, No. 8, 1974; M.C.Blumm, “Fulfilling the Parity Promise: A Perspective on Scientific Proof, Economic Cost and Indian Treaty Rights in the Approval of the Columbia Fish and Wildlife Program,” Environmental Law, Vol. 13, No. 1, 1982; and every issue of Earth First! from 1986–89. For another exemplary marxist articulation, see David Muga, “Native Americans and the Nationalities Question: Premises for a Marxist Approach to Ethnicity and Self-Determination,” Nature, Society Thought, Vol. 1, No. 1, 1987.
314. Russell Means, speech at the University of Colorado at Denver, Apr. 18, 1987 (tape on file).
315. Sakai, Settlers. Also see Patrick Wolfe, Settler Colonialism and the Transformation of Anthroplogy: The Politics and Poetics of an Ethnographic Event (New York: Cassell, 1999).
316. This should be contrasted to the standard government policy of evicting Indians when-ever/ wherever their property interests conflict with those of whites, corporate interests and, sometimes, even preferred indigenous groups; see, e.g., my earlier cited “Genocide in Arizona?” and Emily Benedek, The Wind Won’t Know Me: A History of the Navajo-Hopi Land Dispute (New York: Alfred A. Knopf, 1992). On comparable practices in Canada, see Geoffrey York, The Dispossessed: Life and Death in Native Canada (Boston: Little, Brown, 1992).
317. The quote can be attributed to Paleoconservative pundit Patrick J.Buchanan, delivered on the CNN talk show Crossfire, 1987.
318. This outcome would be quite in line with the requirements of international tort law; see, e.g., Istvan Vasarhelyi, Restitution in International Law (Budapest: Hungary Academy of Science, 1964). For application to the U.S. context, see the essay entitled “Reinscription: The Right of Hawai‘i to be Restored to the United Nations List of Non-Self-Governing Territories,” in my Perversions of Justice: Indigenous Peoples and Angloamerican Law (San Francisco: City Lights, 2002).
319. Note not found
320. See my “The Crucible of American Indian Identity: Native Tradition versus Colonial Imposition in Postconquest North America,” American Indian Culture and Research Journal, Vol. 23, No. 1, Spring 1999. Also see “Nullification,” herein.
321. Ronald L.Trosper, “Appendix I: Indian Minerals,” in American Indian Policy Review Commission, Task Force 7 Final Report: Reservation and Resource Development and Protection (Washington, D.C.: U.S. GPO, 1977); U.S. Department of Interior, Bureau of Indian Affairs, Indian Lands Map: Oil, Gas and Minerals on Indian Reservations (Washington, D.C.: U.S. GPO, 1978).
322. This theme is explored in greater depth in “I Am Indigenist,” herein. Also see, TREATY: The Platform of Russell Means’ Campaign for President of the Oglala Lakota People, 1982, appended to my Struggle for the Land, pp. 405–37.
1. “Lone Wolf” v. Hitchcock (187 U.S. 553, 557 (1903)). For context and analysis, see Blue Clark, “Lone Wolf” v. Hitchcock: Treaty Rights and Indian Law at the End of the Nineteenth Century (Lincoln: University of Nebraska Press, 1994).
2. See C.Harvey, “Congressional Plenary Power Over Indians: A Doctrine Rooted in Prejudice,” American Indian Law Review, No. 10, 1982.
3. Ann Laquer Estin, “Lone Wolf” v. Hitchcock: The Long Shadow,” in Sandra L.Cadwalader and Vine Deloria, Jr., eds., The Aggressions of Civilization: Federal Indian Policy Since the 1880s (Philadelphia: Temple University Press, 1984) pp. 214–45.
4. U.S. Department of Interior, Indian Claims Commission, Final Report (Washington, D.C.: U.S. GPO, 1979). For analysis, see Russel Barsh, “Indian Land Claims Policy in the United States,” North Dakota Law Review, No. 58, 1982. On the notion of ownership reversion, see Felix S.Cohen, “Original Indian Title,” Minnesota Law Review, No. 32, 1947.
5. The aggregate of reserved landholdings totals some fifty million acres (78,000 square miles), an area equivalent in size to the state of South Dakota. Of this, some 44 million acres are held in trust; Roxanne Dunbar Ortiz, “Sources of Underdevelopment,” in Roxanne Dunbar Ortiz and Larry Emerson, eds., Economic Development on American Indian Reservations (Albuquerque: Institute for Native American Development, University of New Mexico, 1979) p. 61; “Native American Statis-tics—United States,” in Susan Lobo and Steve Talbot, Native American Voices: A Reader (New York: Longman, 1998) p. 39.
6. See, e.g., Ronald L.Trosper, “Appendix I: Indian Minerals,” in American Indian Policy Review Commission, Task Force 7, Final Report: Reservation and Resource Development and Protection (Washington, D.C.: U.S. GPO, 1977); U.S. Department of Interior, Bureau of Indian Affairs, Indian Lands Map: Oil, Gas and Minerals on Indian Reservations (Washington, D.C.: U.S. GPO, 1978).
7. The 1990 Census tallied 1.96 million American Indians. The count of indigenous peoples exceeds two million when Inuits, Aleuts, and Native Hawaiians are added in. This population is subdivided into some 500 federally recognized tribes and nations, including 200 native villages in Alaska; Lobo and Talbot, “Native American Statistics,” p. 38. It should be noted that many analysts believe that the baseline indigenous population has been deliberately undercounted by approximately sixty percent, and that serious estimates of the total number of native people in the U.S. run as high as fifteen million. See Jack D.Forbes, “Undercounting Native Americans: The 1980 Census and Manipulation of Racial Identity in the United States,” Wicazo Sa Review, Vol. VI, No. 1, 1990; John Anner, “To the U.S. Census Bureau, Native Americans are Practically Invisible,” Minority Trendsetter, Vol. 4, No. 1, Winter 1990–91.
8. U.S. Department of Commerce, Bureau of the Census, Racial Statistics Branch, A Statistical Profile of the American Indian Population (Washington, D.C.: U.S. GPO, 1988). These data may be usefully compared to those found in U.S. Department of Commerce, Bureau of the Census, General Social and Economic Characteristics: United States Summary (Washington, D.C.: U.S. GPO, 1983). For updated information, see American Indian Digest: Contemporary Demographics of the American Indian (Phoenix, AZ: Thunderbird Enterprises, 1995).
9. Rennard Strickland, Tonto's Revenge: Reflections on American Indian Culture and Policy (Albuquerque: University of New Mexico Press, 1997) p. 53.
10. See, e.g., U. S. Department of Health and Human Services, Public Health Service, Chan Series Book (Washington, D.C.: U.S. GPO, 1988); Karen D.Harvey and Lisa D.Harjo, Indian Country: A History of Native People in America (Golden, CO: North American Press, 1994) Appendix L.
11. Strickland, Tonto's Revenge, p. 53.
12. Lobo andTalbot, “Native American Statistics,” p. 40.
13. Strickland, Tonto's Revenge, p. 53.
14. American Indian life expectancy on reservations during the 1990s is thus virtually identical to that of the U.S. general population a century earlier (46.3 years for men; 48.3 for women); Harold Evans, The American Century (New York: Alfred A. Knopf, 1998) p. xx.
15. Under Article II(b) of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (1948), any policy which intentionally causes “serious bodily or mental harm to members” of a targeted “national, ethnical, racial, or religious group, as such” is considered genocidal. Similarly, under Article II(c), acts or policies “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part” constitute the crime of genocide; Ian Brownlie, Basic Documents on Human Rights (Oxford, U.K.: Clarendon Press, [3rd ed.] 1992) p. 31. Questions are habitually raised in some quarters as to whether the impacts of federal policy on American Indians are “really” intentional and deliberate. Let it be said in response that policies generating such catastrophic results over five successive generations cannot be reasonably understood in any other fashion.
16. Marjane Ambler, Breaking the Iron Bonds: Indian Control of Energy Development (Lawrence: University Press of Kansas, 1990) pp. 56, 66, 78, 140–41.
17. This is touched upon in connection with the so-called “heirship problem” by Wilcomb E. Washburn in his Red Man's Land/White Man's Law: A Study of the Past and Present Status of the American Indian (New York: Scribner's, 1971) pp. 150–51.
18. Lorraine Turner Ruffing, “The Role of Policy in American Indian Mineral Development,” in Roxanne Dunbar Ortiz, ed., American Indian Energy Resources and Development (Albuquerque: Institute for Native American Development, University of New Mexico, 1980).
19. Michael Garrity, “The U.S. Colonial Empire is as Close as the Nearest Reservation,” in Holly Sklar, ed., Trilateralism: The Trilateral Commission and Elite Planning far Global Development (Boston: South End Press, 1980) pp. 238–68.
20. It has been argued, persuasively, that without its domination of indigenous land and resources the U.S. military could never have achieved its present posture of global ascendancy; Valerie L. Kuletz, The Tainted Desert: Environmental and Social Ruin in the American West (New York: Routledge, 1998).
21. Eduardo Galeano, The Open Veins of Latin America: Five Centuries of tee Pillage of a Continent (New York: Monthly Review Press, 1973) p. 12. Also see the essay entitled “The Open Veins of Native America: A Question of Internal Colonialism,” in Leah Renae Kelly, In My Own Voice: Essays in the Sociopolitical Context of Art and Cinema (Winnipeg: Arbeiter Ring, 2001) pp. 112–15.
22. Anita Parlow, Cry, Sacred Ground: Big Mountain, USA (Washington, D.C.: Christie Institute, 1988).
23. Lobo and Talbot, “Native American Statistics,” p. 40.
24. See generally, A.Rigo Sureda, The Evolution of the Right to Self-Determination: A Study of United Nations Practice (Leyden, Netherlands: A.W.Sijhoff, 1973).
25. Brownlie, Basic Documents, pp. 29–30.
26. Roxanne Dunbar Ortiz, “Protection of Indian Territories in the United States: Applicability of International Law,” in Imre Sutton, ed., Irredeemable America: The Indians’ Estate and Land Claims (Albuquerque: University of New Mexico Press, 1985) p. 260. More broadly, see Michla Pomerance, Self-Determination in Law and Practice (The Hague: Martinus Nijhoff, 1982).
27. Noteworthy examples are legion. Consider, as illustrations, the situations of the Scots and Welsh on the primary British isle, the Basques in Spain, and the Kurds in Turkey and northern Iraq; Peter Berresford Ellis, The Celtic Revolution: A Study in Anti-Imperialism (Talybont, Ceredigion: Y Lolfa, 1985); Cyrus Ernesto Zirakzadeh, A Rebellious People: The Basques, Protests and Politics (Reno: University of Nevada Press, 1991); Gerard Chaliand, ed., People Without A Country: The Kurds and Kurdistan (New York: Olive Branch Press, [2nd ed.] 1993). For a good overview of legal/political issues, see Gudmunder Alfredsson, “International Law, International Organizations, and Indigenous Peoples” Journal of International Affairs, Vol. 36, No. 1, 1982.
28. Dunbar Ortiz, “Protection,” p. 261. Also see Ronald Fernandez, Prisoners of Colonialism: The Struggle for Justice in Puerto Rico (Monroe, ME: Common Courage Press, 1994); Edward Said, The Question of Palestine (New York: Vintage, [2nd ed.] 1992).
29. See generally, Haunani-Kay Trask, From a Native Daughter: Colonialism and Sovereignty in Hawai‘i (Honolulu: University of Hawai‘i Press, [2nd ed.] 1999).
30. A presumption underlying articulation of this principle in the Charter is, of course, that such territories have been legitimately acquired in the first place. With respect to the U.S., this is patently not the case. Leaving aside issues devolving upon coerced or fraudulent land cessions, the federal government's own Indian Claims Commission concluded in its 1978 final report that the U.S. possessed no basis at all for its assertion of title to/jurisdiction over approximately 35 percent of its claimed gross territoriality; Russel L.Barsh, “Indian Land Claims Policy in the United States,” North Dakota Law Review, No. 58, 1982.
31. See especially the statement of U.S. State Department official Seth Waxman quoted in Glenn T.Morris, “Further Motion by State Department to Railroad Indigenous Rights,” Fourth World Bulletin, No. 6, Summer 1998, p. 3.
32. Probably the best explication of the concept will be found in Michael Hector's Internal Colonialism: The Celtic Fringe in British National Politics, 1536–1966 (Berkeley: University of California Press, 1975). For applications to the Native North American context, see, e.g., Robert K.Thomas, “Colonialism: Classic and Internal,” New University Thought, Winter 1966– 67; Menno Bolt, “Social Correlates of Nationalism: A Study of Native Indian Leaders in a Canadian Internal Colony,” Comparative Political Studies, Vol. 14, No. 2, Summer 1981); my own “Indigenous Peoples of the U.S.: A Struggle Against Internal Colonialism,” Black Scholar, Vol. 16, No. 1, Feb. 1985; and C.Matthew Snipp's “The Changing Political and Economic Status of American Indians: From Captive Nations to Internal Colonies,” American Journal of Economics and Sociology, Vol. 45, No. 2, Apr. 1986.
33. Jean-Paul Sartre, “On Genocide,” Ramparts, Feb. 1968.
34. It should be noted that this prognosis pertains as much to leftist states as it does to those oriented to the right; Walker Connor, The National Question in Marxist-Leninist Theory and Strategy (Princeton, NJ: Princeton University Press, 1984).
35. Kuletz, Tainted Desert, pp. 15–16.
36. A single defense contractor, the Vanadium Corporation of America, delivered all 11,000 tons of uranium consumed by the Manhattan Project; Hosteen Kinlicheel, “An Overview of Uranium and Nuclear Development on Indian Lands in the Southwest,” Southwest Indigenous Uranium Forum Newsletter, Sept. 1993, p. 5.
37. Gerald D.Nash, The American West Transformed: The Impact of the Second World War (Bloomington: Indiana University Press, 1985) p. 177.
38. Richard Miller, Under the Cloud: The Decades of Nuclear Testing (New York: Free Press, 1986) p. 13.
39. Site selection procedures are reviewed in Richard Rhodes, The Making of the Atomic Bomb (New York: Simon and Schuster, 1986). Also see Henry De Wolf Smith, Atomic Energy for Military Uses: The Official Report on the Development of the Atomic Bomb Under Auspices of the United States Government, 1940–1945 (Princeton, NJ: Princeton University Press, 1945).
40. As is now well known, there was even a fear among some participating scientists that the initial nuclear detonation might set off a chain reaction that would engulf the entire planet; Stephane Groueff, The Manhattan Project (Boston: Little, Brown, 1967) p. 19.
41. David Alan Rosenberg, “The U.S. Nuclear Stockpile, 1945–1950,” Bulletin of Atomic Scientists, Mar. 1980.
42. The SBA risked little or nothing in funding these smallscale mining startups, since sale of all ore produced was guaranteed at a fixed rate by the AEC; Winona LaDuke, “The History of Uranium Mining: Who Are These Companies and Where Did They Come From?” Black Hills/Paha Sapa Report, Vol. 1, No. 1, 1979.
43. Robert N.Procter, “Censorship of American Uranium Mine Epidemiology in the 1950s,” in Marjorie Garber and Rebecca L.Walkowitz, eds., Secret Agents: The Rosenberg Case, McCarthyism and 1950s America (New York: Routledge, 1995) p. 60. He is citing Robert J.Roscoe, et al., “Lung Cancer Mortality Among Nonsmoking Uranium Miners Exposed to Radon Daughters,” Journal of the American Medical Association, No. 262, 1989.
44. On death rates among this almost entirely nonsmoking population, see Michael Garrity, “The Pending Energy Wars: America's Final Act of Genocide,” Akwesasne Notes, Early Spring 1980. On attempts by Union Carbide representative Bob Beverly and others to nonetheless displace blame for the disaster onto cigarettes, see Jack Cox, “Studies Show Radon Guidelines May Be Weak,” Denver Post, Sept. 4, 1979. Also see the quotations from Dr. Joseph Wagoner's unpublished paper, “Uranium Mining and Milling: The Human Costs,” included in Leslie J.Freeman's Nuclear Witnesses: Insiders Speak Out (New York: W.W.Norton, 1982) p. 142.
45. In the Carpathians, “women are found who have married seven husbands, all of whom this terrible consumption has carried off to a premature death”; Georgius Agricola, De Re Metallica (London: Dover, 1912 translation of 1556 original) p. 214.
46. They also suggested that the death rate from lung cancer would have actually been far higher, were it not that numerous miners died from accidents—cave-ins and the like— before being diagnosed with the disease; F.H.Härting and W.Hesse, “Der Lungenskrebs, die Bergkrankheit in den Schneeberger Gruben,” Vierteljahrsschrift für gerichtliche Medizin, No. 30, 1879.
47. P.Ludewig and S.Lorenser, “Untersuchung der Grubenluft in den Schneeberger Gruben auf den Gehalt an Radiumemanation,” Zeitschrift für Physik, No. 22, 1924.
48. A shaft in Saxony with inordinately high radon levels was even known among miners as the Todesschact (death mine); Wilhelm C.Hueper, Occupational Tumors and Allied Diseases (Springfield, IL: Charles C.Thomas, 1942) p. 441.
49. Egon Lorenz, “Radioactivity and Lung Cancer: A Critical Review of Lung Cancer in Miners of Schneeberg and Joachimsthal,” Journal of the National Cancer Institute, No. 5, 1944.
50. Fred W.Stewart, “Occupational and Post-Traumatic Cancer,” Bulletin of the New York Academy of Medicine, No. 23, 1947. Also see Angela Nugent, “The Power to Define a New Disease: Epidemiological Politics and Radium Poisoning,” in Radid Rosner and Gerald Markowitz, eds., Dying to Work (Bloomington: Indiana University Press, 1986).
51. Proctor, “Censorship,” p. 62.
52. Merril Eisenbud, An Environmental Odyssey (Seattle: University of Washington Press, 1990) p. 60.
53. Proctor, “Censorship,” pp. 62–63.
54. Ibid., p. 64.
55. Ibid. Hueper was also branded a “security risk,” accused alternately of being a “Nazi sympathizer” and a “communist,” and prohibited for a time from traveling anywhere west of the Mississippi River.
56. Elof A.Carlson, Genes, Radiation, and Society (Ithaca, NY: Cornell University Press, 1981) pp. 356–67.
57. For an overview of Sternglass’ findings and their suppression for over a decade, see his Low Level Radiation (New York: Ballantine, 1972). Also see Freeman, Nuclear Witnesses, pp. 50– 77.
58. Gofman's AEC funding was revoked and the National Cancer Institute declined to replace it, effectively ending his research career; John W.Gofman and Arthur R.Tamplin, Population Control Through Nuclear Pollution (Chicago: Nelson-Hall, 1970); Poisoned Power: The Case Against Nuclear Power Plants (Emmaus, PA: Rodale Press, 1971; revised and rereleased in 1979 with a new subtitle, The Case Before and After Three Mile Island). Also see Freeman, Nuclear Witnesses, pp. 78–114.
59. Thomas F.Mancuso, et al., “Radiation Exposures of Hanford Workers Dying of Various Causes,” Health Physics, No. 33, 1977. William Hines, “Cancer Risk at Nuclear Plant? Government Hushes Up Alarming Study,” Chicago Sun-Times, Nov. 13, 1977.
60. Rosalie Bertell, No Immediate Danger? (London: Women's Press, 1985) pp. 83–88; Freeman, Nuclear Witnesses, pp. 22–49.
61. Duncan A.Holaday, et al., Control of Radon and Daughters in Uranium Mines and Calculations of Biologic Effects (Washington, D.C.: U.S. Public Health Service, 1957) p. 4; Howard Ball, Cancer Factories: America's Tragic Quest for Uranium Self-Sufficiency (Westport, CT: Greenwood, 1993) esp. pp. 49–51.
62. Proctor, “Censorship,” p. 66. Archer is quoted in Ball, Cancer Factories, at pp. 46, 59–60; the judge is quoted at pp. 11–12, 49. Also see the legal analysis offered by George J.Annas in “The Nuremberg Code in U.S. Courts: Ethics vs. Expediency,” in George J.Annas and Michael A.Grodin, eds., The Nazi Doctors and the Nuremberg Code (New York: Oxford University Press, 1992) pp. 209–10.
63. On weaponry, see Debra Rosenthal, At the Heart of the Bomb: The Dangerous Allure of Weapons Work (Menlo Park, CA: Addison-Wesley, 1990). With regard to reactors, of which there were only thirteen in 1952, all of them government owned and weapons production related, see David Dietz, Atomic Science, Bombs and Power (New York: Collier, 1962). In 1954, the 1946 Atomic Energy Act was revised to allow private ownership of reactors, all of which were publicly subsidized on a massive scale, an arrangement which brought corporate heavies into the game with a vengeance; Ralph Nader and John Abbott, The Menace of Nuclear Power (New York: W.W.Norton, 1977) pp. 275–76. Consequently more than a hundred additional facilities were built over the next thirty years; John L.Berger, Nuclear Power: The Unviable Option (Palo Alto, CA: Ramparts Press, 1976); Amory B. and L.Hunter Lovins, Brittle Power: Energy Strategy for National Security (Andover, MA: Brickhouse, 1982).
64. On profitability—35 corporations secured some $60 billion in federal contracts (over $200 billion in today's dollars) under the Eisenhower administration alone—see William F.Barber and C. Neale Ronning, Internal Security and Military Power (Columbus: Ohio State University Press, 1966) p. 13. More or less complete immunity from liability was provided under the 1957 Price-Anderson Indemnity Act; Jim Falk, Global Fission: The Battle Over Nuclear Power (New York: Oxford University Press, 1982) pp. 78–81.
65. Richard Hoppe, “A Stretch of Desert along Route 66—the Grants Belt—Is Chief Locale for U.S. Uranium,” Engineering and Mining Journal, Vol. 79, No. 11, 1978; Sandra E. Bergman, “Uranium Mining on Indian Lands,” Environment, Sept. 1982.
66. “In the Soviet Union and in other parts of Eastern Europe, prisoners were literally worked to death in mines, apparently as part of a deliberate plan to kill them. Outside North America, the largest single producer of uranium in the world was the German Democratic Republic, where, from 1945 to the end of the 1980s half a million workers produced some two hundred thousand tons of enriched uranium for Soviet bombs and reactors… A somewhat smaller program existed in Czechoslovakia, on the southern slopes of the Erzgebirge. Tens of thousands of political prisoners were forced to work in seventeen uranium ‘concentration camps’ from the late 1940s through the early 1960s; epidemiological studies were conducted, but the State Security Police barred their publication”; Proctor, “Censorship,” pp. 74–75. Also see Patricia Kahn, “A Grisly Archive of Key Cancer Data,” Science, No. 259, 1993; Robert N.Proctor, “The Oberrothenbach Catastrophe,” Science, No. 260, 1993.
67. J.B.Sorenson, Radiation Issues: Government Decision Making and Uranium Expansion in Northern New Mexico (Albuquerque: San Juan Regional Uranium Study Working Paper No. 14, 1978) p. 9.
68. Ibid. Also see Harold Tso and Lora Mangum Shields, “Navajo Mining Operations: Early Hazards and Recent Innovations,” New Mexico Journal of Science, Vol. 12, No. 1, 1980.
69. Jessica S.Pearson, A Sociological Analysis of the Reduction of Hazardous Radiation in Uranium Mines (Washington, D.C.: National Institute for Occupational Safety and Health, 1975).
70. V.E.Archer, J.D.Gillan and J.K.Wagoner, “Respiratory Disease Mortality Among Uranium Miners,” Annals of the New York Academy of Sciences, No. 271, 1976; M.J. Samet, et al., “Uranium Mining and Lung Cancer Among Navajo Men,” New England Journal of Medicine, No. 310, 1984, pp. 1481–84.
71. Tom Barry, “Bury My Lungs at Red Rock: Uranium Mining Brings New Peril to the Reservation,” Progressive, Oct. 1976; Chris Shuey, “The Widows of Red Rock,” Scottsdale Daily Progress Saturday Magazine, June 2, 1979; Reed Madsden, “Cancer Deaths Linked to Uranium Mining,” Deseret News, June 4, 1979; Susan Pearce and Karen Navarro, “The Legacy of Uranium Mining for Nuclear Weapons,” Earth Island Journal, Summer 1993.
72. Garrity, “Energy Wars,” p. 10.
73. Quoted in Shuey, “Widows,” p. 4; Archer “conservatively” places the lung cancer rate among Navajo miners at 1,000 percent of the national average. Also see Robert O.Pohl, “Health Effects of Radon-222 from Uranium Mining,” Science, Aug. 1979.
74. Norman Medvin, The Energy Cartel (New York: Vintage, 1974); Bruce E.Johansen, “The Great Uranium Rush,” Baltimore Sun, May 13, 1979.
75. Kinlicheel, “Overview,” p. 6.
76. Kuletz, Tainted Desert, p. 31; Phil Reno, Navajo Resources and Economic Development (Albuquerque: University of New Mexico Press, 1981) p. 138.
77. Ambler, Iron Bonds, p. 152. For use of the term employed, see Raye C.Ringholz, Uranium Frenzy: Boom and Bust on the Colorado Plateau (Albuquerque: University of New Mexico Press, 1989).
78. The vents of one mine run by the Gulf Oil Company at San Mateo, New Mexico, for example, were located so close to the town's school that the State Department of Education ordered closure of the institution—but not the mine—because of the obvious health risk to the children attending it. Meanwhile, the local groundwater was found to have become so contaminated by the corporation's activities that the National Guard was forced to truck in drinking water (at taxpayer expense); Richard O.Clemmer, “The Energy Economy and Pueblo Peoples,” in Joseph Jorgenson, ed., Native Americans and Energy Development, II (Cambridge, MA: Anthropological Resource Center/Seventh Generation Fund, 1984) p. 98.
79. Although the entire procedure of dewatering was/is in gross violation of both the Clean Water Act of 1972 (P.L. 92–500; 86 Stat. 816) and the Safe Drinking Water Act of 1974 (P.L. 93–523; 88 Stat. 1660), no criminal charges have ever been brought against Kerr- McGee or any other corporation involved in uranium mining; Ambler, Iron Bonds, p. 175; “Mine Dewatering Operation in New Mexico Seen Violating Arizona Water Standards,” Nuclear Fuel, Mar. 1, 1982; Christopher McCleod, “Kerr-McGee's Last Stand,” Mother Jones, Dec. 1980.
80. Clemmer, “Energy Economy,” pp. 101–2.
81. Lora Mangum Shields and Alan B. Goodman, “Outcome of 13,300 Navajo Births from 1964– 81 in the Shiprock Uranium Mining Area” (New York: unpublished paper presented at the American Association of Atomic Scientists Symposium, May 25, 1984); Christopher McCleod, “Uranium Mines and Mills May Have Caused Birth Defects among Navajo Indians,” High Country News, Feb. 4, 1985.
82. “Neoplasms Among Navajo Children” (Window Rock, AZ: Navajo Health Authority, Feb. 24, 1981).
83. Lora Mangum Shields, et al., “Navajo Birth Outcomes in the Shiprock Uranium Mining Area,” Health Physics, Vol. 63, No. 5, 1992.
84. Kuletz, Tainted Desert, pp. 36, 40; quoting from U.S. Department of Health and Human Services, Indian Health Service, Health Hazards Related to Nuclear Resources Development on Indian Land (Washington, D.C.: U.S. GPO, 1983).
85. It has been estimated that it would require some 400 million tons of earth—enough to cover the entire District of Columbia 43 feet deep—to fill in the Jackpile-Paguate complex; Dan Jackson, “Mine Development on U.S. Indian Lands,” Engineering and Mining Journal, Jan. 1980. Overall, see U.S. Department of Interior, Bureau of Land Management, Final Environmental Impact Statement for the Jackpile-Paguate Uranium Mine Reclamation Project, 2 vols. (Albuquerque: BLM New Mexico Area Office, 1986) Vol. 2, p. A-35.
86. Clemmer, “Energy Economy,” p. 99.
87. Hope Aldrich, “The Politics of Uranium,” Santa Fe Reporter, Dec. 7, 1978.
88. U.S. Comptroller General, “EPA Needs to Improve the Navajo Safe Drinking Water Program” (Washington, D.C.: U.S. GPO, Sept. 10, 1980) p. 5.
89. About 450 Lagunas, some three-quarters of the pueblo's labor force, as well as 160 Acomas worked for Anaconda at any given moment. Another fifteen to twenty percent of the Lagunas worked for the BIA or other federal agencies. Yet, even under such “full-employment” conditions, the median income on the reservation was only $2,661 per year (about $50 per week). This was less than half what a nonindian open pit miner was earning in an off-reservation locale during the same period; Clemmer, “Energy Economy,” p. 99; Kuletz, Tainted Desert, p. 35.
90. R.Smith, “Radon Emissions: Open Pit Uranium Mines Said to be Big Contributor,” Nucleonics Week, May 25, 1978; Linda Taylor, “Uranium Legacy,” The Workbook, Vol. VIII, No. 6, Nov./Dec. 1983.
91. “Manpower Gap in the Uranium Mines,” Business Week, Nov. 1, 1977. It should be noted that among other things the Labor Department was spending $2 million per year in tax monies to have Kerr-McGee train native workers to believe that “if they [did] not smoke, they [would] not develop lung cancer from exposure to radiation in the mines”; Dr. Joseph Wagoner, quoted in Denise Tessier, “Uranium Mine Gas Causes Lung Cancer, UNM Group Told,” Albuquerque Journal, Mar. 11, 1980. There seem to have been no howls of protest from the surgeon general at the peddling of such quasiofficial falsehoods. Instead, the country's “chief doctor” endorsed a battery of studies over the next several years, each of them reinforcing the credibility of such lies by purporting to prove that the “number one cause” of lung cancer among nonsmokers was the inhalation of “secondhand” cigarette smoke in even the most minute quantities rather than exposure to comparatively massive doses of military-industrial pollutants. There was not then—and is not now—the least evidence that tobacco smoke induces lung cancer in nonsmokers; see Peter N.Lee, “Difficulties in Determining Health Effects Related to Environmental Smoke,” in Ronald R.Watson and Mark Witten, eds., Environmental Tobacco Smoke (Washington, D.C.: CRC Press, 2001) pp. 17, 18.
92. Ambler, Iron Bonds, p. 152.
93. The 1972 price of U.S.-produced uranium was $6 per pound. By 1979, the figure had risen to $42, a hugely illegal mark up which contributed greatly to the accrual of U.S. taxpayer-provided corporate superprofits during the final years of the AEC's ore-buying program (as well as the almost instantaneous bust of the domestic market when the program was phased out); David Burnham, “Gulf Aides Admit Cartel Increased Price of Uranium,” New York Times, June 17, 1977. Shortly after its closure in 1982, Anaconda's Jackpile-Paguate complex was replaced as the world's largest open pit uranium mine by Rio Tinto Zinc's Rossing Mine, opened in 1976 in Namibia. Uranium from this de facto South African colony, comprising about one-sixth of the “Free World” supply, was sold not only at a rate of less than $10 per pound to the U.S. and other NATO countries—a factor which drove the highly inflated price of U.S.-mined yellowcake back down to $15, thereby “busting” the profitability of production—but to Israel, making possible that country's illegal manufacture of nuclear weapons. It was also used to underpin South Africa's own illicit nuclear weapons development program; Richard Leonard, South Africa at War: White Power and Crisis in Southern Africa (Westport, CT; Lawrence Hill, 1983) pp. 60–69. On Australian uranium mining, and the resistance to it spearheaded by aboriginal peoples, see Falk, Global Fission, pp. 256–84. On northern Saskatchewan, see Miles Goldstick, Wollaston: People Resisting Genocide (Montréal: Black Rose Books, 1987). Overall, see A.D.Owen, “The World Uranium Industry,” Raw Materials Report, Vol. 2, No. 1, Spring 1983.
94. W.D.Armstrong, A Report on Mineral Revenues and the Tribal Economy (Window Rock, AZ: Navajo Office of Mineral Development, June 1976); Joseph G.Jorgenson, “The Political Economy of the Native American Energy Business,” in his Energy Development, II, pp. 9–20.
95. For a good summary of such practices, see Richard Nafziger, “Uranium Profits and Perils,” in LaDonna Harris, ed., Red Paper (Albuquerque: Americans for Indian Opportunity, 1976). Also see Molly Ivins, “Uranium Mines in West Leave Deadly Legacy,” New York Times, May 20, 1979; Bill Freudenberg, “Addictive Economies: Extractive Industries and Vulnerable Localities in a Changing World Economy,” Rural Sociology, Vol. 57, No. 3, Fall 1992.
96. The federal program to undermine the Navajo self-sufficiency economy devolved upon wholesale impoundment of livestock during the 1930s and ‘40s; George A.Boyce, “When the Navajos Had Too Many Sheep”: The 1940s (San Francisco: Indian Historian Press, 1974); Ruth Roessel, ed., Navajo Livestock Reduction (Chinle, AZ: Navajo Community College Press, 1975). At Laguna, which had enjoyed an agricultural economy since time immemorial, Anaconda's massive stripmining and related activities—which yielded an estimated $600 million in corporate revenues over thirty years—obliterated much of the arable landbase and irradiated most of the rest; Clemmer, “Energy Economy,” pp. 97–98. More broadly, see Nancy J.Owens, “The Effects of Reservation Bordertowns and Energy Exploitation on American Indian Economic Development,” Research in Economic Anthropology, No. 2, 1979.
97. Kinlicheel, “Overview,” p. 6.
98. Laguna has been described as the “single most radioactively-contaminated area in North America outside of the military reservations in Nevada where nuclear bombs are tested”; Winona LaDuke, interview on radio station KGNU, Boulder, Colo., Apr. 15, 1986. Nevertheless, during 1986 “hearings for the environmental impact draft statement for the Jackpile-Paguate mine's reclamation project began with no less than ten Ph.D.'s and other ‘technical’ experts in a variety of scientific disciplines, including a mining engineer, a plant ecologist, a radiation ecologist, an expert in biomedicine, and others. All testified in obfuscating language that America's largest uranium mine could be safely unreclaimed. All were under contract to the Anaconda Corporation”; Marjane Ambler, “Lagunas Face Fifth Delay in Uranium Cleanup,” Navajo Times, Feb. 5, 1986.
99. Quoted in Tom Barry, “The Deaths Still Go On: New Agencies Ignored Uranium Danger,” Navajo Times, Aug. 31, 1978.
100. Freeman, Nuclear Witnesses, p. 140.
101. “Uranium-bearing tailings are constantly decaying into more stable elements and therefore emit radiation, as do particles of dust that blow in the wind and truck travel on dirt roads”; Clemmer, “Energy Economy,” p. 102. Also see David Densmore Comey, “The Legacy of Uranium Tailings,” Bulletin of Atomic Scientists, Sept. 1975.
102. Hoppe, “Grants Belt”; LaDuke, “History of Uranium Mining.” In instances where milling was done in areas populated by “mainstream citizens,” it was sometimes disguised as something else. For example, the AEC hid a milling operation, beginning in 1951, in Fernald, Ohio, near Cincinnati, behind the front that it was a “pet food factory.” The ruse worked for 37 years; Helen Caldicott, If You Love This Planet: A Plan to Heal the Earth (New York: W.W.Norton, 1992) p. 90.
103. Lynn A.Robbins, “Energy Development and the Navajo Nation: An Update,” in Jorgenson, Energy Development, II, p. 121.
104. Simon J.Ortiz, “Our Homeland: A National Sacrifice Area,” in his Woven Stone (Tucson: University of Arizona Press, 1992) pp. 356–58.
105. Robbins, “Energy Development,” p. 121. It should also be noted that the mill's tailings pile is located only about sixty feet from the San Juan River, Shiprock's only source of surface water, and less than a mile from a daycare center, the public schools, and the local business district. The closest residence is less than a hundred yards away; Tso and Shields, “Early Navajo Mining.”
106. In 1979, several former mill workers with terminal lung cancer joined with eleven similarly afflicted Red Rock miners and the families of fifteen who’d already died in suing the AEC and Kerr-McGee for what had been done to them; “Claims Filed for Red Rock Miners,” Navajo Times, July 26, 1979; Marjane Ambler, “Uranium Millworkers Seek Compensation,” APF Reporter, Sept. 1980.
107. Luther J.Carter, “Uranium Mill Tailings: Congress Addresses a Long Neglected Problem,” Science, Oct. 13, 1978.
108. See the map by Janet Steele entitled “Uranium Development in the San Juan Basin,” in Freeman, Nuclear Witnesses, p. 139.
109. For example, the Sohio-Reserve mill at Cebolleta, a mile from the Laguna boundary, processed about 1,500 tons of ore per day during the late 1970s. Its tailings pond covers fifty acres, and the adjoining pile reached a record 350 feet; Clemmer, “Energy Economy,” p. 98. Also see Hope Aldrich, “Problems Pile Up at the Uranium Mills,” Santa Fe Reporter, Nov. 13, 1980.
110. Clemmer, “Energy Economy,” pp. 97–98.
111. Report by Johnny Sanders (head of Environmental Health Services Branch of the Indian Health Service), T.J. Hardwood (IHS Albuquerque area director), and Mala L.Beard (the district sanitarian) to Laguna Pueblo Governor Floyd Corea, August 11, 1978; copy on file with the Southwest Research and Information Center, Albuquerque. To be “fair” about it, other corporations made similar use of tailings in several backwater nonindian communities on the Colorado Plateau during this period. These included Moab, Utah, and both Grand Junction and Durango, Colorado.
112. Jackpile-Paguate Uranium Mine Reclamation Project, pp. A-62–63.
113. The quantitative release of radioactive substances during the Church Rock spill was several times that of the much more publicized partial meltdown of a reactor at Three Mile Island, near Harrisburg, Pennsylvania, a few months earlier (March 28, 1979); Ambler, Iron Bonds, pp. 175–76; Mark Alan Pinsky, “New Mexico Spill Ruins a River: The Worst Radiation Accident in History Gets Little Attention,” Critical Mass, Dec. 1979.
114. In the immediate aftermath, the Río Puerco was testing at over 100,000 picocuries of radioactivity per liter. The maximum “safe” limit is fifteen picocuries; Janet Siskind, “A Beautiful River That Turned Sour,” Mine Talk, Summer/Fall 1982; Steve Hinschman, “Rebottling the Nuclear Genie,” High Country News, Jan. 19, 1987. Although the July 16 “incident” was the seventh spill from this single dam in five years, United Nuclear had already applied for, and would receive, federal permission to resume use of its tailings pond within two months; Editors, “The Native American Connection,” Up Against the Wall Street Journal, Oct. 29, 1979.
115. Report of the New Mexico Environmental Improvement Division (EID), dated Sept. 9, 1979, on file with the Southwest Research and Information Center, Albuquerque.
116. J.W.Schomish, “EID Lifts Ban on Eating Church Rock Cattle,” Gallup Independent, May 22, 1980.
117. One company spokesperson reportedly informed community representatives that, “This is not a free lunch”; quoted in Dan Liefgree, “Church Rock Chapter Upset at UNC,” Navajo Times, May 8, 1980. Such behavior is neither unique nor restricted to corporations. When, in 1979, it was discovered that well water in the Red Shirt Table area of the Pine Ridge Reservation in South Dakota was irradiated at a level fourteen times the EPA maximum— apparently as the result of the 3.5 million tons of tailings produced by an isolated AEC mining/milling operation begun in 1954 at Igloo, a nearby army ordnance depot—Tribal President Stanley Looking Elk requested $200,000 in BIA emergency funding to supply potable water to local Oglala Lakota residents. The Bureau approved Looking Elk's request in the amount of $175,000, but stipulated that the water be used only far cattle, Madonna Gilbert, “Radioactive Water Contamination on the Redshirt Table, Pine Ridge Reservation, South Dakota” (Porcupine, SD: WARN Reports, Mar. 1980); Women of All Red Nations, “Radiation: Dangerous to Pine Ridge Women” Akwesasne Notes, Spring 1980; Patricia J.Winthrop and J.Rothblat, “Radiation Pollution in the Environment,” Bulletin of Atomic Scientists, Sept. 1981, esp. p. 18.
118. On the cracks, see Chris Huey, “The Río Puerco River: Where Did the Water Go?” The Workbook, No. 11, 1988. On the settlement, see Frank Pitman, “Navajos-UNC Settle Tailings Spill Lawsuits,” Navajo Times, Apr. 22, 1985. On state facilitation, which took the form of discounting the extent and degree of damage done, see “EID Finds that Church Rock Dam Break had Little or No Effect on Residents,” Nuclear Fuel, Mar. 14, 1983. The questions, of course, are why, if there was “no effect,” at least one Navajo woman and an untold number of sheep sickened and died in 1979 after wading in the Río Puerco, why several other people died under similar circumstances over the next few years, and why the EID itself prohibited use of the river as a drinking water source until 1990, more than a decade after the spill; Loretta Schwarz, “Uranium Deaths at Crown Point,” Ms. Magazine, Oct. 1979; Molly Ivins, “100 Navajo Families Sue on Radioactive Waste Spill,” New York Times, Aug. 15, 1980.
119. D.R.Dreeson, “Uranium Mill Tailings: Environmental Implications, “Los Alamos Scientific Laboratory Mini-Report, Feb. 1978.
120. Thadias Box, et al., Rehabilitation Potential for Western Coal Lands (Cambridge, MA: Ballinger, 1974).
121. On the extent of Peabody's coal stripping operations on Navajo at the time of the NAS study, see Alvin M.Josephy, Jr., “The Murder of the Southwest,” Audubon Magazine, July 1971.
122. Although little uranium mining or milling had occurred in this region (with the exception of that at Igloo, which ended in 1972; see note 117 and accompanying text), it contains substantial deposits of uranium, low-sulfur coal and a wealth of other minerals. As was noted by one contemporaneous observer, overall, “the plans for the hills are staggering. They include a giant energy park featuring more than a score of 10,000 megawatt coal-fired plants, a dozen nuclear reactors, huge coal slurry pipelines designed to use millions of gallons of water to move crushed coal thousands of miles, and at least fourteen major uranium mines”; Harvey Wasserman, “The Sioux's Last Fight for the Black Hills,” Rocky Mountain News, Aug. 24, 1980. Also see Amelia Irvin, “Energy Development and the Effects of Mining on the Lakota Nation,” Journal of Ethnic Studies, Vol. 10, No. 2, Spring 1982.
123. The Nixon administration reputedly used this vernacular during discussions from 1972 onward. For the first known official articulation in print, see U.S. Department of Energy, Federal Energy Administration, Office of Strategic Analysis, Project Independence: A Summary (Washington, D.C.: U.S. GPO, 1974).
124. Nick Meinhart, “The Four Corners Today, the Black Hills Tomorrow?” Black Hills/Paha Sapa Report, Aug. 1979.
125. Means’ statements were made during a speech delivered at the Black Hills International Survival Gathering, near Rapid City, South Dakota, June 12, 1980; included in my Marxism and Native Americans (Boston: South End Press, 1983); referenced material at p. 25.
126. All told, the official count is “approximately 1,000 significant nuclear waste sites” on Navajo alone; U.S. Department of Interior, Environmental Protection Agency, Potential Health and Environmental Hazards of Nuclear Mine Wastes (Washington, D.C.: U.S. GPO, 1983) pp. 1– 23. During the National Citizens’ Hearings on Radiation Victims in 1980, former uranium miner Kee Begay, dying of lung cancer, testified that he had “lost a son, in 1961. He was one of the many children that used to play in the uranium piles during those years. We had a lot of uranium piles near our homes—just about fifty or a hundred feet away or so—a lot of tailings. Can you imagine? Kids go out and play on those piles!”; Freeman, Nuclear Witnesses, pp. 143–44.
127. While Grants Belt mining and milling accounted for all but about ten percent of U.S. uranium production between 1941 and 1982, small amounts were done elsewhere in Indian Country. The AEC facility at Igloo has already been mentioned (see note 117 and accompanying text). Other examples include the Dawn Mining Company's mine and mill which operated at Blue Creek, on the Spokane Reservation in Washington State, from 1964 to 1982, and Western Nuclear's Sherwood facility in the same locale, which operated briefly, from 1978 to 1982. The Blue Creek site in particular has generated contamination of local groundwater at levels forty times the EPA's maximum permissible limit for human consumption (4,000 times the area's natural level); Ambler, Iron Bonds, p. 176. Another illustration is the Susquehannah-Western Riverton mill site on the Wind River Reservation in Wyoming. Although it ceased operation in 1967, the corporations followed the usual practice of simply walking off and leaving the results for the local Indians, in this case Shoshones and Arapahos, to deal with; Marjane Ambler, “Wyoming to Study Tailings Issue,” Denver Post, Feb. 5, 1984.
128. See generally, Anna Gyorgy, et al., No Nukes: Everybody's Guide to Nuclear Power (Boston: South End Press, 1979) p. 49.
129. Suzanne Ruta, “Fear and Silence at Los Alamos,” The Nation, Jan. 11, 1993.
130. Concerned Citizens for Nuclear Safety, “LANL [Los Alamos National Laboratory] deliberately, secretly released radiation on at least three separate occasions in 1950,” The Nuclear Reactor, Vol. 3, No. 1, Feb./Mar. 1994.
131. It appears that legal prohibitions against such “disposal” of nuclear wastes are being circumvented by shipping materials from other DoE facilities to Los Alamos, where they can be secretly burned in the lab's controlled air incinerator. It is estimated that 1,236 cubic feet of plutonium-contaminated substances are being dispersed in this way each year; Mary Risely, “LANCL Gropes to Find a New Way,” Enchanted Times, Fall/Winter 1993, p. 6.
132. Ibid.
133. Since 1980, “physicians at the Santa Fe Indian Hospital have noticed an unusual number of thyroid cancer cases [associated with the atmospheric release of radioactive iodides] at the Santa Clara Pueblo, just north of Los Alamos”; Kuletz, Tainted Desert, p. 53. The rate of thyroid cancer at Santa Clara is triple the national average.
134. Ibid.
135. Risely, “New Way.”
136. Kuletz, Tainted Desert, p. 53.
137. The Chernobyl explosion released, at a minimum, 185 million curies of atmospheric radiation during the first ten days. It has claimed 125,000 dead during the first decade, a rate which is not expected to peak for another ten years; Blanche Wiesen Cook, “Cold War Fallout,” The Nation, Dec. 9, 1996, p. 32.
138. Elouise Schumacher, “440 Billion Gallons: Hanford wastes could fill 900 King Domes, Seattle Times, Apr. 13, 1991.
139. There were at least eleven tank failures at Hanford by 1970. Another, reputedly the worst, was discovered on June 8, 1973; Kenneth B.Noble, “The U.S. for Decades Let Uranium Leak at Weapons Plant,” New York Times, Oct. 15, 1988.
140. Concerning shellfish as an indicator of the extent the Columbia River has been contaminated, it should be noted that a Hanford worker who dined on oysters harvested near the river's mouth in 1962 reportedly ingested sufficient radioactivity in the process that he triggered the plant's radiation alarm upon returning to work; Caldicott, Planet, p. 89.
141. Ibid. Also see Susan Wyndham, “Death in the Air,” Australian Magazine, Sept. 29–30, 1990; Matthew L.Wald, “Wider Peril Seen in Nuclear Waste from Bomb Making,” New York Times, Mar. 28, 1991.
142. Larry Lang, “Missing Hanford Documents Probed by Energy Department,” Seattle Post-Intelligencer, Sept. 20, 1991.
143. Caldicott, Planet, p. 90.
144. The U.S. detonated a total of 106 nuclear devices in the Pacific between 1946 and 1958, 101 of them after 1950. Two atolls in the Marshall Islands, Bikini, and Enewetok—occupied by the U.S. in 1943—were subjected to 66 blasts of up to 15 megatons each. Among the tests conducted on Enewetok was that of the first hydrogen bomb in 1952. The local populations were forcibly relocated to Kili Island, where they were held against their will until 1968. The Bikinians were then told, falsely, that it was safe to return to their homes, which were saturated with the radiation of 23 bombs. A decade later, the Enewetokans were also encouraged to return to their homes, despite the fact that a 1979 General Accounting Office study concluded they would be exposed to dangerously high radiation levels accruing from the 43 tests conducted there prior to 1958; Giff Johnson, “Nuclear Legacy: Islands Laid Waste,” Oceans, Jan. 1980. The Bikinians were removed from their island again in 1978—at about the same time the people of Enewetok were going home—because cancers, birth defects, and other maladies had become endemic. It is likely that they’d been returned in the first place to serve as a test group upon which the effects of plutonium ingestion could be observed; Giff Johnson, “Bikinians Facing Radiation Horrors Once More,” Micronesia Support Committee Bulletin, May/June 1978. Quite probably, the Enewetokans were slated to serve the same purpose.
145. David Loomis, Combat Zoning: Military Land-Use Planning in Nevada (Reno: University of Nevada Press, 1994) p. 10; citing Michael Skinner, Red Flag (Novato, CA: Presidio Press) p. 52.
146. The area was permanently reserved by the Shoshones in the 1863 Treaty of Ruby Valley; Dagmar Thorpe, Newe Segobia: The Western Shoshone People (Lee, NV: Western Shoshone Sacred Lands Association, 1982). Also see the map in Kuletz, Tainted Desert, p. 68.
147. On acreage, see Loomis, Combat Zoning, p. 31. With respect to the number of test detonations—five of which actually occurred north of the test site, on the Nellis bombing range—the official count was 702 U.S. and 23 British as of early 1992; U.S. Department of Energy, Announced United States Nuclear Tests July 1945 through December 1991 (Washington, D.C.: U.S. GPO, 1992). On Dec. 8, 1992, however, the New York Times reported that there had been 204 unannounced U.S. tests conducted at the Nevada facility between 1952 and 1990; Anthony Robbins, Arjun Makhijani and Katherine Yih, Radioactive Heaven and Earth: The Health and Environmental Effects of Nuclear Weapons Testing In, On, and Above the Earth (New York/London: Apex Press/Zed Books, 1991) p. 91. Adding the six tests approved by the Clinton administration during 1992 yields a total of 953 nuclear bombings of Western Shoshone territory by that point.
148. See the subsection entitled “The Most Bombed Nation in the World,” in Bernard Neitschmann and William Le Bon, “Nuclear Weapons States and Fourth World Nations,” Cultural Survival Quarterly, Vol. 11, No. 4, 1987, pp. 5–7.
149. Howard Ball, Justice Downwind: America's Atomic Testing Program in the 1950s (New York: Oxford University Press, 1986) p. 85. Also see Miller, Under the Cloud.
150. For estimates of atmospheric releases, see Carole Gallegher, America Ground Zero: The Secret Nuclear War (New York: Random House, 1993).
151. Kuletz, Tainted Desert, p. 72.
152. U.S. Congress, Office of Technology Assessment, Complex Cleanup: The Environmental Legacy of Nuclear Weapons Production (Washington, D.C.: 105th Cong. 2d Sess., 1991) pp. 158–59. The half-life of several of these materials—e.g., the plutoniums—is estimated to be a quarter-million years.
153. “Report: Feds snub tribe's radiation exposure,” Reno Gazette-Journal, June 7, 1994. On estimate of deaths, see James W.Hulse, Forty Years in the Wilderness (Reno: University of Nevada Press, 1986) p. 61.
154. During a 1956 effort by Nevada residents to enjoin further atmospheric detonations, a battery of the AEC's selected “scientific experts” perjured themselves by uniformly insisting, contrary to all logic and the results of their own classified studies, that nuclear weapons testing entailed “no public health hazard.” Although the AEC later conceded that its witnesses had systematically lied under oath, no one was ever prosecuted in the matter; Kuletz, Tainted Desert, p. 73. Also see Bill Curry, “A-Test Officials Feared Outcry After Health Study,” Washington Post, Apr. 14, 1979; Randall Smith, “Charge Ike Misled Public on N-Tests,” New York Daily News, Apr. 20, 1979.
155. Kuletz, Tainted Desert, pp. 69–70.
156. China Lake, which encompasses 38 percent of the Navy's total landholdings, supports about 1,000 military personnel and over 5,000 civilian scientists, engineers, and technicians in more than 1,100 buildings on an annual budget of nearly $1 billion; ibid., pp. 62–63.
157. China Lake commands some 20,000 square miles of air space, as do each of the other three facilities. Quite literally, the sky over the entire Mojave has been appropriated by the military; Loomis, Combat Zoning, p. 70.
158. U.S. Navy, Naval Weapons Center Silver Anniversary (China Lake Naval Weapons Center: Technical Information Dept. Publishing Division, Oct. 1968).
159. One such group of Timbisha Shoshones have more or less established themselves as “squatters” in a Death Valley visitor's center. Others are clustered to the north and west, in the Owens Valley, the Tehachapi Mountains, and the Lake Isabella area. One of their areas of particularly sacred geography, the Coso Range, is now “officially called the Military Target Range, [and] constitutes some 70 square miles of mountainous area…with various targets— bridges, tunnels, vehicles, SAM sites—emplaced in a natural forested environment for tactics development and pilot training under realistic conditions”; R.E.Kistler and R.M.Glen, Notable Achievements of the Naval Weapons Center (China Lake Naval Weapons Center: Technical Information Dept. Publishing Division, 1990) p. 17. For further details, see William Thomas, Scorched Earth: The Military Assault on the Environment (Philadelphia: New Society, 1995).
160. Aside from the 1971 megablast—dubbed “Cannikan,” it was about 350 times as powerful as the Hiroshima bomb, but carrying only one-third the force of the “Bravo” device exploded above ground on Bikini in 1954—the other two Amchitka detonations were “Long Shot” in 1965 (eighty kilotons) and “Milrow” in 1969 (one megaton); Robbins, Makhijani and Yih, Radioactive Heaven and Earth, p. 66.
161. David Hulen, “After the Bombs: Questions linger about Amchitka nuclear tests,” Anchorage Daily News, Feb. 7, 1994.
162. Kristen Ostling and Joanna Miller, Taking Stock: The Impact of Militarism on the Environment (New York: Science for Peace, 1992).
163. Construction of the MX system—an entirely offensive weapon which was, of course, dubbed the “Peacekeeper”—promised to generate an estimated half-billion in profits for Weinberger's parent corporation; Tristan Coffin, “The MX: America's $100 Billion ‘Edsel’,” Washington Spectator, Oct. 15, 1980. It would also have eliminated the remaining habitable landbase of the Shoshones; Martha C.Knack, “MX Issues for Native American Communities,” in Francis Hartigan, ed., MX in Nevada: A Humanistic Perspective (Reno: Nevada Humanities Press, 1980). Another fine study is Rececca Solnit's Savage Dreams: A Journey Into the Hidden Wars of the American West (San Francisco: Sierra Club Books, 1994).
164. Southwestern Arizona also includes another pair of huge military complexes, the half-million- acre Yuma Proving Grounds and adjoining million-acre Luke Air Force Base; see generally, Ostling and Miller, Taking Stock. The three native peoples in question are thus completely encircled by these facilities to their south, southern California's constellation of bases and test ranges to their west, the Nevada Test Site and related areas to their north, and the Navajo sacrifice zone to their east.
165. The latter include the 600,000-acre Hill Air Force Training Range, about thirty miles north of the somewhat larger Wendover Range. Adjoining Wendover to the south, is the equal-sized DeseretTest Center (containing theTooele Arms Depot), below which is a much smaller parcel, the Fish Springs Nuclear Weapons Range. Abutting both Wendover and Deseret to the east is another equalsized compound, the Dugway Proving Grounds. No public access is allowed on any of these approximately 2,750,000 acres, the combined controlled air space of which exceeds 20,000 square miles; see generally, Ostling and Miller, Taking Stock.
166. Karl Grossman, Cover Up: What You Are Not Supposed to Know About Nuclear Power (New York: Permanent Press, 1980) p. 13.
167. P.Z.Grossman and E.S.Cassedy,” “Cost Benefit Analysis of Nuclear Waste Disposal,” Science, Technology and Human Values, Vol. 10, No. 4, 1985.
168. As Dr. Helen Caldicott explains, “When exposed to air, plutonium ignites, forming very fine particles—like talcum powder—that are completely invisible. A single one of these particles could give you lung cancer. Hypothetically, if you could take one pound of plutonium and could put a speck of it in the lungs of every human being [she estimates a single microgram is sufficient], you would kill every man, woman, and child on earth—not immediately, but later, from lung cancer”; Freeman, Nuclear Witnesses, p. 294. Also see David Burnham, “Rise in Cancer Death Rate Tied in Study to Plutonium,” New York Times, June 6, 1976.
169. Planning entails a “force reduction” in the number of such weapons to 3,500 by the year 2003; Charles Pope, “Nuclear Arms Cleanup Bill: A Tidy $230 Billion,” San Jose Mercury News, Apr. 4, 1995.
170. Kuletz, Tainted Desert, p. 82; quoting William J.Broad, “The Plutonium Predicament,” New York Times, May 2, 1995.
171. Pope, “Arms Cleanup.”
172. U.S. Department of Energy, Office of Environmental Management, Estimating the Cold War Mortgage: The 1995 Baseline Environmental Management Report (Washington, D.C.: U.S. GPO, Mar. 1995); Closing the Circle of the Closing of the Atom: The Environmental Legacy of Nuclear Weapons Production in the United States and What the Department of Energy is Doing About It (Washington, D.C.: U.S. GPO, Jan. 1995).
173. U.S. Department of Energy, Office of Environmental Management, Environmental Management 1995 (Washington, D.C.: U.S. GPO, Feb. 1995).
174. For analysis of the defects in this proposition, see Arjun Makhijana and Scott Saleska, High-Level Dollars, Low-Level Sense: A Critique of Present Policy for the Management of Long-Lived Radioactive Wastes and Discussion of an Alternative Approach (Takoma Park, MD: Institute for Energy and Environmental Research, 1992).
175. The Groundwork Collective, “The Illusion of Cleanup: A Case Study at Hanford,” Groundwork, No. 4, Mar. 1994, p. 14. For the record, the classification scheme involved here, which is incorporated into the 1982 Nuclear Waste Policy Act (P.L. 97–425; 96 Stat. 2201), is problematic. The term “high-level wastes” pertains to spent fuel from nuclear power plants subject to reprocessing for extraction of plutonium and uranium-235. “Transuranic wastes” include substances like plutonium, neptunium and americium, “bred” from uranium-238. “Low-level wastes” include materials—e.g., worn out reactor parts— contaminated by exposure to high-level or transuranic substances. The classifications don’t necessarily correspond to the degree of threat posed by a given material, only to the nature of the process by which it was produced; Concerned Citizens for Nuclear Safety, The Nuclear Reactor, early Spring, 1995.
176. Although tailings cleanup is mandated by the Uranium Mill Tailings Radiation Control Act of 1978, the program has been so chronically underfunded that it didn’t really get started at all for eight years. When it did, its efforts consisted largely of moving tailings piles from particularly sensitive locations—such as downtown Edgemont, South Dakota, where the AEC had dumped about 3.5 million tons along the banks of the Cottonwood Creek, a quarter-mile upstream from the Cheyenne River—and relocating them to some “preferable” spot a few miles away, where they could be fenced off for “safety” reasons; Ambler, Iron Bonds, pp. 178–90. Arguably, the dispersal involved in such procedures worsens rather than alleviates the problem. The plain fact is that nobody has a clue what to do with this body of carcinogenic material which, by the mid-70s, was already large enough to “cover a four lane highway one foot deep from coast to coast”; Jeff Cox, “Nuclear Waste Recycling,” Environmental Action Bulletin, No. 29, May 1976.
177. Nicholas Lenssen, Nuclear Waste: The Problem that Won’t Go Away (Washington, D.C.: Worldwatch Institute, 1991) pp. 34–35.
178. Becky O’Guin, “DOE: Nation to burn and vitrify plutonium stores,” Colorado Daily, Dec. 10, 1996.
179. The need for permanent repositories was formally enunciated for the first time in the Nuclear Waste Policy Act of 1982 (NWPA); the two-part scheme, authorizing establishment of MRS facilities as well as repositories, was included in the 1987 revision of NWPA; U.S. Department of Energy, Monitored Retrievable Storage Commission, “Nuclear Waste: Is There A Need For Federal Interim Storage?” in Report of the Monitored Retrievable Storage Commission (Washington, D.C.: U.S. GPO, 1989); Gerald Jacob, Site Unseen: The Politics of Siting a Nuclear Repository (Pittsburgh: University of Pittsburgh Press, 1990).
180. Valerie Taliman, “Nine tribes look at storage: Signs point to nuclear dump on Native land,” Smoke Signals, Aug. 1993.
181. “Plutonium is so hazardous that if you…manage to contain the [amounts projected to exist by the turn of the century] 99.99 percent perfectly, it would still cause somewhere between 140,000 and 500,000 extra lung-cancer fatalities each year… The point is, if you lose a little bit of it—a terribly little bit—you’re going to contaminate the earth, and people are going to suffer for thousands of generations”; quoted in Freeman, Nuclear Witnesses, pp. 108, 111.
182. In 1995, the few residents of Lincoln County, Nevada, attempted to negotiate a hefty fee for themselves in exchange for accepting an MRS. The state government quickly quashed the initiative; Kuletz, Tainted Desert, p. 106.
183. Grace Thorpe, “Radioactive Racism? Native Americans and the Nuclear Waste Legacy,” The Circle, Apr. 1995.
184. Taliman, “Nine tribes.”
185. On the NCAI grant, see Randel D.Hansen, “Mescalero Apache: Nuclear Waste and the Privatization of Genocide,” The Circle, Aug. 1994. On the CERT funding, see Winona LaDuke, “Native Environmentalism,” Earth Island Journal, Summer 1993. CERT, created in the late 1970s by then Navajo Tribal Chairman Peter McDonald and federal lobbyist LaDonna Harris, has long been a major problem for those pursuing indigenous sovereignty; Philip S.Deloria, “CERT: It's Time for an Evaluation,” American Indian Law Newsletter, Sept./ Oct. 1982. Also see Geoffrey O’Gara, “Canny CERT Gets Money, Respect, Problems,” High Country News, Dec. 14, 1979; Ken Peres and Fran Swan, “The New Indian Elite: Bureaucratic Entrepreneurs,” Akwesasne Notes, Late Spring 1980; Winona LaDuke, “CERT: An Outsider's View In,” Akwesasne Notes, Summer 1980.
186. Ambler, Iron Bonds, pp. 115, 234.
187. The lease, which will soon expire, generates about ninety percent of the reservation's revenues. Without the MRS facility, the Goshutes would not only continue to suffer a high degree of contamination, but be totally without income as well; Kuletz, Tainted Desert, p. 110.
188. Quoted in Randel D.Hanson, “Nuclear Agreement Continues U.S. Policy of Dumping on Goshutes,” The Circle, Oct. 1995.
189. Unidentified Mescalero, quoted in Winifred E.Frick, “Native Americans Approve Nuclear Waste Dump on Tribal Lands,” Santa Cruz on a Hill Press, Mar. 16, 1995.
190. Quoted in ibid.
191. Rufina Laws, cited in Kuletz, Tainted Desert, p. 108. Chino died in November 1998.
192. Such a sense of emotional/spiritual malaise is hardly unique to Indians, albeit it may manifest itself especially strongly among groups like the Mescaleros, who are placed in extremis; see Joanna Rogers Macy, Despair and Personal Power in the Nuclear Age (Philadelphia: New Society, 1983).
193. This, of course, leaves unaddressed the question of transuranic military waste—about 250, 000 cubic meters of it—produced before 1970. Most of it is buried in shallow trenches at the Nevada Test Site and other locations, and is “difficult to retrieve” since the earth around it is now irradiated to an unknown depth. Present planning has gone no further than to leave it where it is, leaching into the environment at a steady rate; Rosenthal, Heart of the Bomb, p. 195.
194. Kuletz, Tainted Desert, p. 98; citing Concerned Citizens for Nuclear Safety, “What is WIPP?” The Radioactive Rag, Winter/Spring 1992.
195. National Academy of Sciences, Division of Earth Science, Committee on Waste Disposal, The Disposal of Radioactive Waste on Land (Washington, D.C.: NAS-NRC Pub. 519, 1957); Scientists’ Review Panel on the WIPP, Evaluation of the Waste Isolation Pilot Plant (WIPP) as a Water Saturated Nuclear Waste Repository (Albuquerque, NM: Concerned Citizens for Nuclear Safety, Jan. 1988).
196. “Scientists Fear Atomic Explosion of Buried Waste,” New York Times, Mar. 5, 1995.
197. About ten percent of Yucca Mountains capacity is earmarked for military wastes. As to civil ian wastes, it will have been outstripped by the output of the country's 128 functioning commercial reactors before it is completed. Hence, a third repository is already necessary; Kuletz, Tainted Desert, p. 102.
198. Jacob, Site Unseen, p. 138.
199. The Low-Level Radioactive Waste Policy Act of 1980 makes the states responsible for the disposal of such materials, even if they’ve been federally/militarily produced (as they almost invariably are). California Governor Pete Wilson apparently opted to “assume the burden” of all 49 of his cohorts—on a fee-for-service basis—by dumping the aggregate contamination on a handful of Indians in a remote and unnoticed corner of his vast domain; Philip M.Klasky, “The Eagle's Eye View of Ward Valley: Environmentalists and Native American Tribes Fight Proposed Waste Dump in the Mojave Desert,” Wild Earth, Spring 1994.
200. The plan is to “inter” the material—which contains plutonium, strontium, and cesium among a wide range of hyperactive and longlived substances—in five unlined trenches, each about the size of a football field. The facility is to be run by U.S. Ecology, formerly Nuclear Engineering, a corporation whose track record includes oversight of a similar—now closed and badly leaking—facility at Barnwell, Utah, as well as a disastrous West Valley enterprise in upstate New York; Kuletz, Tainted Desert, pp. 156–57; Berger, Nuclear Power, p. 104.
201. The phrase does not accrue from “radical” rhetoric. See the unabashed advocacy of the trend, both technically and politically, advanced in Charles C.Reith and Bruce M.Thompson, eds., Deserts as Dumps? The Disposal of Hazardous Materials in Arid Ecosystems (Albuquerque: University of New Mexico Press, 1992).
202. For a more panoramic view of the phenomenon in its various dimensions, see Donald A. Grinde, Jr., and Bruce E.Johansen, Ecocide of Native America: Environmental Destruction of Indian Lands and Peoples (Santa Fe, NM: Clear Light, 1995).
203. Felix S.Cohen, “The Erosion of Indian Rights, 1950–53: A Case-Study in Bureaucracy,” Yale Law Journal, No. 62, 1953, p. 390.
204. Gyorgy, et al., No Nukes, p. 12.
205. There is simply no substitute for natural uranium. Neither enriched uranium nor plutonium can be produced without it, and the thorium-derived U-233 does not fulfill the same requirements; David R.Inglis, Nuclear Energy: Its Physics and Social Challenge (Reading, MA: Addison-Wesley, 1973).
206. David Burnham, “8,000 Pounds of Atom Materials Unaccounted for in U.S. Plants,” New York Times, Aug. 5, 1977.
207. See, e.g., Gyorgy, et al., No Nukes; Falk, Global Fission.
208. Alex Haley, The Autobiography of Malcolm X (New York: Ballantine, 1965) p. 329.
209. For the most current overview, see Jay M.Gould, The Enemy Within: The High Cost of Living with Nuclear Reactors (New York: Four Walls Eight Windows, 1996). Also see Sternglass, Low Level Radiation; Gofman and Tamplin, Poisoned Power, Bertell, No Immediate Danger?
210. A solid case can be made that the whole antitobacco craze of the 1990s is more than anything a well-calibrated diversion intended to draw public attention away from the mounting health effects of radioactive contamination (tobacco, unlike plutonium, having no strategic value). For a classic illustration, see Stanton A. Glantz, et al., The Cigarette Papers (Berkeley: University of California Press, 1996), introduced by former U.S. Surgeon General C.Everett Koop. The entire 497-page text is devoted to explaining how tobacco smoke is responsible for virtually every disease known to man, and how the cigarette manufacturing industry knowingly suppressed such information for decades. Nuclear contamination is left altogether unmentioned—there are not even index references to substances like plutonium —as is the ongoing pattern of official suppression of relevant health data (overseen in part by Dr. Koop).
211. For elaboration, see Richard Leakey and Ronald Lewin, The Sixth Extinction: Patterns of Life and the Future of Mankind (Garden City, NY: Doubleday, 1995).
212. This is essentially the strategy advocated by Jay M.Gould in his “The Future of Nuclear Power,” Monthly Review, Vol. 35, No. 9, 1984. Also see the closing chapter of Enemy Within.
213. See, e.g., Richard Drinnon, Facing West: The Metaphysics of Indian-Hating and Empire Building (Minneapolis: University of Minnesota Press, 1980).
214. For articulation of the legal arguments, see Lee C.Buckheit, Succession: The Legitimacy of Self-Determination (New Haven, CT: Yale University Press, 1978); Catherine Iorns, “Indigenous Peoples and Self-Determination: Challenging State Sovereignty,” Case Western Journal of International Law, No. 24, 1992.
215. Robert Jay Lifton and Eric Markusen, The Genocidal Mentality: Nazi Holocaust and Nuclear Threat (New York: Basic Books, 1988).
216. For a good treatment of an analogous phenomenon, see Deborah Lipstadt, Denying the Holocaust: The Growing Assault on Truth and Memory (New York: Free Press, 1993).
217. Analysis on each of these points will be found in my A Little Matter of Genocide: Holocaust and Denial in the Americas, 1492 to the Present (San Francisco: City Lights, 1997).
218. This goes to the notion of “enlightened self-interest” as explicated by Ernst Cassirer in his The Philosophy of Enlightenment (Princeton, NJ: Princeton University Press, 1951).
219. See, e.g., Cynthia Peters, ed., Collateral Damage: The “New World Order” at Home and Abroad (Boston: South End Press, 1992).
220. A snapshot of such possibilities is contained in Samir Amin's Delinking: Towards a Polycentric World (London: Zed Books, 1985).
221. On Manson, see Ed Sanders’ The Family (New York: Signet, [rev. ed.] 1990).
1. U.S. Department of Commerce, Bureau of the Census, Report on Indians Taxed and Indians Not Taxed in the United States (except Alaska) at the Eleventh United States Census: 1890 (Washington, D.C.: U.S. GPO, 1894) pp. 637–38.
2. Overall, see Vine Deloria, Jr., and Raymond J.DeMallie, Documents of American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775–1979, 2 vols. (Norman: University of Oklahoma Press, 1999).
3. U.S. Department of Commerce, Bureau of the Census, 1980 Census of the Population: Characteristics of the Population (Washington, D.C.: U.S. GPO, 1983) Table 69, “Persons by Race and Sex for Areas and Places: 1980,” pp. 201–12.
4. National Congress of the American Indian (NCAI), Briefing Paper (Washington, D.C.: NCAI, Apr. 1991).
5. See Jack D.Forbes, “Undercounting Native Americans: The 1980 Census and Manipulation of Racial Identity in the United States,” Wicazo Sa Review, Vol. VI, No. 1, Spring 1990, pp. 2– 26.
6. U.S. Department of Commerce, Bureau of the Census, 1980 Census of the Population, Supplementary Report: American Indian Areas and Alaska Native Villages (Washington, D.C.: U.S. GPO, 1984) p. 24.
7. Ibid., Table I, p. 14.
8. Henry F.Dobyns, Their Numbers Become Thinned: Native American Population Dynamics in Eastern North America (Knoxville: University of Tennessee Press, 1983) p. 41.
9. Francis Paul Prucha, Atlas of American Indian Affairs (Lincoln: University of Nebraska Press, 1990) pp. 151–57.
10. 1980 Census, Supp. Rept., Table I. The American Indian population reported for Hawai‘i in 1980 was 2,655. State by state break-outs are more readily accessible in Carl Waldman, Atlas of the North American Indian (New York: Facts on File, 1985) p. 201. Also see C.Matthew Snipp, American Indians: First of This Land (New York: Russell Sage Foundation, 1991) Appendix II: “Tribal Population Estimates by State,” pp. 333–47.
11. Reginald Horsman, Expansion and American Indian Policy, 1785–1812 (Ann Arbor: University of Michigan Press, 1967) pp. 6–7.
12. Thomas Perkins Abernathy, Western Lands and the American Revolution (Albuquerque: University of New Mexico Press, 1979).
13. The complete text of the 1783 Treaty of Paris may be found in Hunter Miller, ed., Treaties and Other International Acts of the United States of America (Washington, D.C.: University Publications of America, 1931) pp. 151–57.
14. This interpretation corresponds to conventional understandings of contemporaneous international law (“Discovery Doctrine”); see “The Law Stood Squarely on Its Head,” herein.
15. Reflections on initial U.S. stature as a legal pariah are more fully developed in Vine Deloria, Jr., “Self-Determination and the Concept of Sovereignty,” in Roxanne Dunbar Ortiz and Larry Emerson, eds., Economic Development in American Indian Reservations (Albuquerque: University of New Mexico Native American Studies Center, 1979) pp. 22–28.
16. On the Northwest Territory, see Randolph C. Downes, Council Fires on the Upper Ohio: A Narrative of Indian Affairs on the Upper Ohio until 1795 (Pittsburgh: University of Pittsburgh Press, 1940). On the situation further south, see R.S.Cotterill, The Southern Indians: The Story of the Five Civilized Tribes Before Removal (Norman: University of Oklahoma Press, 1954).
17. A.L.Burt, The United States, Great Britain, and British North America, from the Revolution to the Establishment of Peace after the War of 1812 (New Haven, CT: Yale University Press, 1940) pp. 82–105.
18. Arthur P.Whitaker, The Spanish-American Frontier, 1783–1795 (Boston: Houghton-Mifflin, 1927); John W.Caughey, McGillivray of the Creeks (Norman: University of Oklahoma Press, 1938).
19. Allan W.Eckert, A Sorrow in Our Heart: The Life of Tecumseh (Boston: Little, Brown, 1992).
20. Horseman, Expansion and American Indian Policy, p. 7.
21. Letter from Schuyler to Congress, July 29, 1783, in Papers of the Continental Congress, 1774– 1789 (Washington, D.C.: National Archives, Item 153, III) pp. 601–7.
22. Letter from Washington to James Duane, Sept. 7, 1783, in John C.Fitzpatrick, ed., The Writings of George Washington from Original Manuscript Sources, 1745–1799 (Washington, D.C.: U.S. GPO, 1931–1944) Vol. XXVII, pp. 133–40.
23. 1 Stat. 50 (1787). In actuality, conquest rights were never applicable anyway; see the section entitled “Rights of Conquest” in “The Law Stood Squarely on Its Head,” herein.
24. For further analysis, see Horsman, Expansion.
25. Quoted from “Report and Resolutions of October 15, 1783,” Journals of the Continental Congress, Vol. XXV (Washington, D.C.: U.S. GPO, no date) pp. 681–93.
26. The idea accords quite perfectly with George Washington's notion that all eastern Indians should be pushed into the “illimitable regions of the West,” meaning what was then Spanish territory beyond the Mississippi (letter from Washington to Congress, June 17, 1783, in Fitzpatrick, Writings of George Washington, pp. 17–18). In reality, however, the U.S. understood that it possessed no lawful right to unilaterally dispose of the territory in question in this or any other fashion. In purchasing the rights of France (which had gained them from Spain in 1800) to “Louisiana” in 1803, the U.S. plainly acknowledged indigenous land title in its pledge to Napoleon Bonaparte that it would would respect native “enjoyment of their liberty, property and religion they profess.” Hence, the U.S. admitted it was not purchasing land from France, but rather a monopolistic French right within the region to acquire title over specific areas through the negotiated consent of individual Indian nations. See generally, Alexander De Conde, This Affair of Louisiana (New York: Scribner's, 1973); Everett Somerville Brown and Herbert E.Bolton, eds., A Constitutional History of the Louisiana Purchase, 1803–1812 (New York: Beard Books, 2000).
27. Fletcher v. Peck (10 U.S. 87 (1810)). Further elaboration on the implications of the cases mentioned herein may be found in my “Perversions of Justice: Examining the Doctrine of U.S. Rights to Occupancy in North America,” in David S.Caudill and Steven Jay Gold, eds., Radical Philosophy of Law: Contemporary Challenges to Mainstream Legal Theory and Practice (Atlantic Highlands, NJ: Humanities Press, 1995) pp. 200–20. It should be noted here, however, that Marshall was hardly a disinterested party in the issue he addressed in Peck. Both the Chief Justice and his father were holders of the deeds to 10,000 acre parcels in present-day West Virginia, (then Kentucky), awarded for services rendered during the revolution but falling within an area never ceded by its aboriginal owners; Leonard Baker, John Marshall: A Life in Law (New York: Macmillan, 1974) p. 80.
28. On the War of 1812, see Sidney Lens, The Forging of the American Empire (New York: Thomas Y.Crowel, 1971) pp. 40–61. On Tecumseh, see John Sugden, Tecumseh's Last Stand (Norman: University of Oklahoma Press, 1985). On the Red Sticks, see Joel W.Martin, Sacred Revolt: The Muskogees’ Struggle for a New World (Boston: Beacon Press, 1991).
29. C.C.Griffin, The United States and the Disruption of the Spanish Empire, 1810–1822 (New York: Columbia University Press, 1937).
30. Rembert W.Patrick, Florida Fiasco: Rampant Rebels on the Georgia-Florida Border, 1810–1815 (Athens: University of Georgia Press, 1954); Henrietta Buckmaster, The Seminole Wars (New York: Crowell-Collier, 1966); J.Leitch Wright, Jr., “A Note on the First Seminole War as Seen by the Indians, Negroes and Their British Advisors,” Journal of Southern History, No. 34, 1968.
31. Johnson v. McIntosh (21 U.S. (98 Wheat.) 543 (1823)).
32. Frederick Merk, The Monroe Doctrine and American Expansionism (New York: Alfred A. Knopf, 1967); Albert K.Weinberg, Manifest Destiny: A Study of National Expansionism in American History (Baltimore: Johns Hopkins University Press, 1935) pp. 73–89.
33. Indian Removal Act (ch. 148, 4 Stat. 411); Cherokee v. Georgia (30 U.S. (5 Pet.) 1 (1831)); Worcester v. Georgia (31 U.S. (6 Pet.) 551 (1832)). For further analysis, see Milner Ball, “Constitution, Court, Indian Tribes,” American Bar Foundation Research Journal, No. 1, 1989, esp. pp. 23–9; Jill C. Norgren, The Cherokee Cases: The Confrontation of Law and Politics (New York: McGraw-Hill, 1996).
34. See generally, Grant Foreman, Advancing the Frontier, 1830–1860 (Norman: University of Oklahoma Press, 1933); Frederick Merk, Manifest Destiny and Mission in American History: A Reinterpretation (New York: Alfred A.Knopf, 1963).
35. Grant Foreman, Indian Removal: The Immigration of the Five Civilized Tribes (Norman: University of Oklahoma Press, 1953); Gloria Jahoda, The Trail of Tears: The Story of the American Indian Removals, 1813–1855 (New York: Holt, Rinehart and Winston, 1975).
36. Driven from Illinois, the main body of Sauks were trapped and massacred—men, women, and children alike—at the juncture of the Bad Axe and Mississippi Rivers in Wisconsin; Cecil Eby, “That Disgraceful Affair”: The Black Hawk War (New York: W.W.Norton, 1973) pp. 243–61.
37. In many ways, the Seminole “hold outs” were the best guerrilla fighters the U.S. ever faced. The commitment of 30,000 troops for several years was insufficient to subdue them. Ultimately, the U.S. broke off the conflict, which was stalemated, and costing several thousand dollars for each Indian killed; John K.Mahon, History of the Second Seminole War, 1835–1842 (Gainesville: University of Florida Press, 1967); Alan Axelrod, Chronicle of the Indian Wars from Colonial Times to Wounded Knee (New York: Prentice Hall, 1993) pp. 146– 47; Buckmaster, Seminole Wars, pp. 71–109.
38. Wilcomb E.Washburn, The Indian in America (New York: Harper Torchbooks, 1975) p. 169.
39. Russell Thornton, “Cherokee Losses During the Trail of Tears: A New Perspective and a New Estimate,” Ethnohistory, No. 31, 1984, pp. 289–300.
40. Ibid., p. 293.
41. 1980 Census, Supp. Rept.; Prucha, Atlas, p. 157.
42. Duane H.King, The Cherokee Nation: A Troubled History (Knoxville: University of Tennessee Press, 1979) pp. 103–9.
43. Angie Debo, A History of the Indians of the United States (Norman: University of Oklahoma Press, 1977) p. 157.
43. Very little work has been done to document this proliferation of communities, although their existence has been increasingly admitted since the 1960s; see, e.g., the statement of Eastern Cherokee Principal Chief Jonathan Taylor quoted in “The Nullification of Native America?” herein.
44. Jackson's stated goal was not simply to defeat the Red Sticks, but to “exterminate” them. Some 800 Indians, many of them noncombatants, were killed and mutilated after being trapped within the Horseshoe Bend of the Tallapoosa River, in northern Alabama; David E.Stannard, American Holocaust: The Conquest of the New World (New York: Oxford University Press, 1992) pp. 121–23.
45. The text of Jackson's talk of Mar. 23, 1829, was originally published in Documents and Proceedings relating to the Formation and Progress of a Board in the City of New York, for the Emigration, Preservation, and Improvement of the Aborigines of America (New York: Indian Board for the Emigration, Preservation and Improvement of the Aborigines of America, 1829) p. 5.
47. The idea that America west of the Mississippi was ever seriously intended to be the exclusive domain of the continent's native peoples was belied even before removal was achieved by the creation of the territories of Missouri (1816), Arkansas (1819), and Iowa (1838). By 1821, Missouri had become a state; Malcolm J.Rohrbough, The Trans-Appalachian Frontier. Peoples, Societies and Institutions, 1775–1850 (New York: Oxford University Press, 1978) pp. 159, 219, 321.
48. Quoted in Lens, American Empire, p. 100.
49. David M.Pelcher, The Diplomacy of Annexation: Texas, Oregon and the Mexican War (Columbia: University of Missouri Press, 1973). Actually, this transcontinental gallop represents a rather reserved script. As early as 1820, Luis de Onis, former Spanish governor of Florida, observed that, “The Americans…believe that their dominion is destined to extend, now to the Isthmus of Panama, and hereafter over all the regions of the New World… They consider themselves superior to the rest of mankind, and look upon their republic as the only establishment upon earth founded on a grand and solid basis, embellished by wisdom, and destined one day to become the sublime colossus of human power, and the wonder of the universe”; quoted in Lens, American Empire, pp. 94–95. It is also a matter of record that William Henry Seward, Secretary of State under Lincoln and Johnson in the 1860s, advanced a serious plan to annex all of Canada west of Ontario, but was ultimately forced to content himself with acquiring the Alaska Territory; see R.W.Van Alstyne, The Rising American Empire (New York: Oxford University Press, 1960) p. 141.
50. A map delineating the “permanent” territories assigned these peoples after removal is contained in Jack D.Forbes, Atlas of Native History (Davis, CA: D-Q University Press, n.d.).
51. The federal government recognizes less than half (32) of these nations as still existing; John W. Morris, Charles R.Goins, and Edward C.McReynolds, Historical Atlas of Oklahoma (Norman: University of Oklahoma Press, [3rd ed.] 1986) Map 76.
52. According to the 1980 Census, Supp. Rept., Table I, Oklahoma's Indian population of 169,292 is second only to California's 198,275. There were 4,749 people living on the reservation, or just 12.1 percent of the 39,327 members reflected on the Osage roll; ibid., p. 22.
53. On the War with Mexico, see George Pierce Garrison, Westward Expansion, 1841–1850 (New York: Harper, 1937); Gene M.Brack, Mexico Views Manifest Destiny, 1821–1846: An Essay on the Origins of the Mexican War (Albuquerque: University of New Mexico Press, 1975).
54. David Svaldi, Sand Creek and the Rhetoric of Extermination: A Case Study in Indian-White Relations, (Washington, D.C.: University Press of America, 1989).
55. For a detailed overview, see my A Little Matter of Genocide: Holocaust and Denial in the Americas, 1492 to the Present (San Francisco: City Lights, 1997) pp. 222–45.
56. L.R.Bailey, The Long Walk: A History of theNavajo Wars, 1846–68 (Pasadena, CA: Westernlore, 1978). More specifically, see Roberto Mario Salmon, “The Disease Complaint at Bosque Redondo (1864–1868),” Indian Historian, No. 9, 1976.
57. This episode is covered adequately in Edward Lazarus, Black Hills, White Justice: The Sioux Nation versus the United States, 1775 to the Present (New York: HarperCollins Publishers, 1991) pp. 71–95.
58. See Robert Clark, ed., The Killing of Chief Crazy Horse (Lincoln: University of Nebraska Press, 1976), and the concluding chapter of Stanley Vestal's Sitting Bull: Champion of the Sioux (Norman: University of Oklahoma Press, 1957).
59. The imprisonment program is described in some detail in the memoirs of the commandant of Marlon Prison, later superintendent of the Carlisle Indian School; Richard Henry Pratt, Battlefield and Classroom: Four Decades with the American Indian, 1867–1904 (New Haven, CT: Yale University Press, [reprint] 1964).
60. Report on Indians Taxed and Indians Not Taxed, pp. 637–38.
61. Lazarus, White Justice, p. 29. It should be noted that, contrary to myth, scalping was a practice introduced to the Americas by Europeans, not native people. It was imported by the British—who had previously used it against the Irish—during the seventeenth century; Nicholis P.Canny, “The Ideology of English Colonialism: From Ireland to America,” William and Mary Quarterly, 3rd Series, XXX, 1973.
62. Lenore A.Stiffarm and Phil Lane, Jr., “The Demography of Native North America: A Question of American Indian Survival,” in M.Annette Jaimes, ed., The State of Native America: Genocide, Colonization and Resistance (Boston: South End Press, 1992) p. 35. It is instructive that the Texas state legislature framed its Indian policy as follows: “We recognize no title in the Indian tribes resident within the limits of the state to any portion of the soil thereof; and… we recognize no right of the Government of the United States to make any treaty of limits with the said Indian tribes without the consent of the Government of this state”; quoted in Washburn, Indian in America, p. 174. In other words, extermination was intended to be total.
63. James M.Mooney, “Population,” in Frederick W. Dodge, ed., Handbook of the Indians North of Mexico, Vol. 2 (Washington, D.C.: Bureau of American Ethnology, Bulletin No. 30, Smithsonian Institution, 1910) pp. 286–87.
64. Sherburn F.Cook, The Conflict Between the California Indian and White Civilization (Berkeley: University of California Press, 1976) pp. 282–84.
65. Russell Thornton, American Indian Holocaust and Survival: A Population History Since 1492 (Norman: University of Oklahoma Press, 1987) p. 49.
66. Thornton estimates the aboriginal North American population to have been about 12.5 million, most of it within what is now the continental U.S. In Their Numbers Become Thinned, Dobyns puts it as having been as high as 18.5 million. Kirkpatrick Sale, in The Conquest of Paradise: Christopher Columbus and the Columbian Legacy (New York: Alfred A.Knopf, 1990) splits the difference, placing the figure at 15 million. Extreme attrition due to disease and colonial warfare had already occurred prior to the American War of Independence. Something on the order of two million survivors in 1776 therefore seems a reasonable estimate. Whatever the exact number in that year, it had been reduced to 237,196 according to U.S. census data for 1900; U.S. Department of Commerce, Bureau of the Census, Fifteenth Census of the United States, 1930: The Indian Population of the United States and Alaska, (Washington, D.C.: U.S. GPO, 1937) Table 2, “Indian Population by State, 1890–1930,” p. 3.
67. Cook, Conflict, p. 284.
68. Donald J.Berthrong, The Cheyenne andArapaho Ordeal: Reservation and Agency Life in the Indian Territory, 1875–1907 (Norman: University of Oklahoma Press, 1976).
69. Dan L.Thrapp, The Conquest of Apacheria (Norman: University of Oklahoma Press, 1967).
70. Merril Beal, I Will Fight No More Forever: Chief Joseph and the Nez Percé War (Seattle: University of Washington Press, 1963).
71. Kenneth Carley, The Sioux Uprising of 1862 (St. Paul: Minnesota Historical Society, 1961).
72. See the section on “Iroquois Land Claims” in “The Earth Is Our Mother,” pp. 73–84, herein. Also see Edmund Wilson, Apology to the Iroquois (New York: Farrar, Strauss, and Cudahy, 1960).
73. As of 1980, a grand total of 582 members of these amalgamated peoples were reported as living on the Stockbridge Reservation; 1980 Census of the Population, Supplementary Report, Table I. Also see Patrick Frazier, The Mohicans of Stockbridge (Lincoln: University of Nebraska Press, 1992).
74. Appropriations Act of 1871 (ch. 120, 16 Stat. 544, 566), Major Crimes Act (ch. 341, 24 Stat. 362, 385 (1885)), U.S. v. Kagama (118 U.S. 375 (1886)). The next major leap in this direction was passage of the Assimilative Crimes Act (30 Stat. 717) in 1898, applying state, territorial, and distria criminal codes to “federal enclaves” such as Indian reservations; Robert N.Clinton, “Development of Criminal Jurisdiction on Reservations: A Journey Through a Jurisdictional Maze,” Arizona Law Review, Vol 18, No. 3, 1976.
75. General Allotment Act (ch. 119, 24 Stat. 388 (1887)). Overall, see Janet A.McDonnell, The Dispossession of the American Indian, 1887–1934 (Bloomington: Indiana University Press, 1991). On the blood quantum issue, see my “The Crucible of American Indian Identity: Native Tradition versus Colonial Imposition in Postconquest North America,” American Indian Culture and Research Journal, Vol. 23, No. 1, Spring 1999.
76. As is stated in the current procedures for enrollment provided by the Cherokee Nation of Oklahoma, “Many descendants of the Cherokee Indians can neither be certified nor qualify for tribal membership in the Cherokee Nation because their ancestors were not enrolled during the final enrollment [during allotment, 1899–1906]. Unfortunately, these ancestors did not meet the [federal] requirements for the final enrollment. The requirements at the time were…having a permanent residence within the Cherokee Nation (now the 14 northeastern counties of Oklahoma). If the ancestors had…settled in the states of Arkansas, Kansas, Missouri, or Texas, they lost their citizenship within the Cherokee Nation at that time.”
77. McDonnell, Dispossession; D.S.Otis, The Dawes Act and the Allotment of Indian Land (Norman: University of Oklahoma Press, 1973).
78. James S.Olson and Raymond Wilson, Native Americans in the Twentieth Century (Urbana: University of Illinois Press, 1984) pp. 82–83.
79. Kirk Kicking Bird and Karen Ducheneaux, One Hundred Million Acres (New York: Macmillan, 1973).
80. The powers of individual agents in this regard accrued from an amendment (26 Stat. 794) made in 1891. The language describing these powers comes from Deloria and Lytle, American Indians, American Justice, p. 10.
81. This is known as the “Heirship Problem,” meaning that if a family head with four children began with a 160-acre parcel of marginal land in 1900, his/her heirs would each inherit forty acres somewhere around 1920. If each of these heirs, in turn, had four children, then their heirs would inherit ten acres, circa 1940. Following the same formula, their heirs would have inherited 2.5 acres each in 1960, and their heirs would have received about one-half acre each in 1980. In actuality, many families have been much larger during the twentieth century—as is common among peoples recovering from genocide—and contemporary descendants of the original allottees often find themselves measuring their “holdings” in square inches. Wilcomb Washburn, Red Man's Land, White Man's Law (Norman: University of Oklahoma Press, [2nd ed.] 1994) pp. 150–51.
82. Henry E.Fritz, The Movement for Indian Assimilation, 1860–1890 (Philadelphia: University of Pennsylvania Press, 1963); Frederick E.Hoxie, A Final Promise: The Campaign to Assimilate the Indians, 1880–1920 (Lincoln: University of Nebraska Press, 1985).
83. Rebecca L.Robbins, “Self-Determination and Subordination: The Past, Present and Future of American Indian Governance,” in Jaimes, State of Native America, p. 93. The quote from Leupp comes from his book, The Indian and His Problem (New York: Scribner, 1910) p. 93; that from Burke from a letter to William Williamson on Sept. 16, 1921 (William Williamson Papers, Box 2, File—Indian Matters, Misc., I.D. Weeks Library, University of South Dakota).
84. Lone Wolf v. Hitchcock (187 U.S. 553 (1903)). Among other things, the decision meant that the U.S. had decided it could unilaterally absolve itself of any obligation or responsibility it had incurred under provision of any treaty with any indigenous nation while simultaneously considering the Indians to still be bound by their treaty commitments. See Ann Laquer Estin, “Lone Wolf v. Hitchcock. The Long Shadow,” in Sandra L.Cadwallader and Vine Deloria, Jr., eds., The Aggressions of Civilization: Federal Indian Policy Since the 1880s (Philadelphia: Temple University Press, 1984) pp. 215–45; Blue Clark, Lone Wolf v. Hitchcock: Treaty Rights and Indian Law at the End of the Nineteenth Century (Lincoln: University of Nebraska Press, 1994). This was an utterly illegitimate posture under international custom and convention at the time, a matter amply reflected in contemporary international black letter law; Sir Ian Sinclair, The Vienna Convention on the Law of Treaties (Manchester, U.K.: Manchester University Press, [2nd ed.] 1984).
85. Burke Act (34 Stat. 182 (1906)); Indian Citizenship Act (ch. 233, 43 Stat. 25 (1924)).
86. Much of this is covered—proudly—in Pratt, Battlefield to Classroom. Also see David Wallace Adams, Education far Extinction: American Indians and the Boarding School Experience, 1875–1928 (Lawrence: University Press of Kansas, 1995).
87. Evelyn C.Adams, American Indian Education: Government Schools and Economic Progress (Morningside Heights, NY: King's Crown Press, 1946) pp. 55–56, 70.
88. The phrase used was picked up by the author in a 1979 conversation with Floyd Westerman, a Sisseton Dakota who was sent to a boarding school at age six. For a broader statement of the same theme, see Vine Deloria, Jr., “Education and Imperialism,” Integrateducation, Vol. XIX, Nos. 1–2, Jan. 1982. For ample citation of the federal view, see J.U.Ogbu, “Cultural Discontinuities and Schooling,” Anthropology and Education Quarterly, Vol. 12, No. 4, 1982.
89. On adoption policies, including those pertaining to so-called “blind” adoptions (where children are prevented by law from ever learning their parents’ or tribe's identities), see Tillie Blackbear Walker, “American Indian Children: Foster Care and Adoptions,” in U.S. Office of Education, Office of Educational Research and Development, National Institute of Education, Conference on Educational and Occupational Needs of American Indian Women, October 1986 (Washington, D.C.: U.S. GPO, 1986) pp. 185–210.
90. The entire program involving forced transfer of Indian children is contrary to Article II(d) of the United Nations 1948 Convention on Prevention and Punishment of the Crime of Genocide; Ian Brownlie, Basic Documents on Human Rights (Oxford: Clarendon Press, [3rd ed.] 1992) p. 31.
91. Thornton, Holocaust and Survival, p. 227.
92. These estimates have been arrived at by deducting the reservation population totals from the overall census figures deployed in Prucha's Atlas, then subtracting the urban population totals deployed by Thornton (note 91).
93. The U.S., as is well known, undertook the Spanish-American War in 1898 primarily to acquire oversees colonies, notably the Philippines and Cuba (for which Puerto Rico was substituted at the last moment). It also took the opportunity to usurp the government of Hawai‘i, about which it had been expressing ambitions since 1867, and to obtain a piece of Samoa in 1899. This opened the door to its assuming “protectorate” responsibility over Germany's Pacific colonies after World War I, and many of the Micronesian possessions of Japan after World War II; see Julius Pratt, The Expansionists of 1898 (Baltimore: Johns Hopkins University Press, 1936); Richard O’Connor, Pacific Destiny: An Informal History of the U.S. in the Far East, 1776–1968 (Boston: Little, Brown, 1969).
94. Emily Benedek, The Wind Won’t Know Me: A History of the Navajo-Hopi Land Dispute (New York: Alfred A.Knopf, 1992) p. 142.
95. Olson and Wilson, Native Americans, p. 181.
96. For a good overview, see Craig H.Miner, The Corporation and the Indian: Tribal Sovereignty and Industrial Civilization in Indian Territory, 1865–1907 (Columbia: University of Missouri Press, 1976).
97. This is brought out in thinly veiled fashion in official studies commissioned at the time. See, for example, U.S. House of Representatives, Committee of One Hundred, The Indian Problem: Resolution of the Committee of One Hundred Appointed by the Secretary of Interior and Review of the Indian Problem (Washington, D.C.: 68th Cong., 1st Sess., 1925). Also see Lewis Meriam, et al., The Problem of Indian Administration (Baltimore: Johns Hopkins University Press, 1928).
98. This was standard colonialist practice during the period; Mark Frank Lindsey, The Acquisition and Government of Backward Territory in International Law, (London: Longmans Green, 1926).
99. For what may be the first application of the term “internal colonies” to analysis of the situation of American Indians in the U.S., see Robert K.Thomas, “Colonialism: Classic and Internal,” New University Thought, Vol. 4, No. 4, Winter 1966–67.
100. Indian Reorganization Act (ch. 576, 48 Stat. 948 (1934)). On assembly of the IRA “package,” see Vine Deloria, Jr., and Clifford M.Lytle, The Nations Within: The Past and Future of American Indian Sovereignty (New York: Pantheon, 1984).
101. The classic example of this occurred at the Hopi Reservation, where some 85 percent of all eligible voters actively boycotted the IRA referendum in 1936. Indian Commissioner John Collier then counted these abstentions as “aye” votes, making it appear as if the Hopis had been nearly unanimous in affirming reorganization rather than overwhelmingly rejecting it. See Oliver LaFarge, Running Narrative of the Organization of the Hopi Tribe of Indians (unpublished manuscript in the LaFarge Collec tion, University of Texas at Austin). In general, the IRA referendum process was similar to—and served essentially the same purpose as—those more recently orchestrated abroad by the State Department and CIA; see Edward S.Herman and Frank Brodhead, Demonstration Elections: U.S.-Staged Elections in the Dominican Republic, Vietnam, and El Salvador (Boston: South End Press, 1984).
102. Robbins, “Self-Determination,” p. 95.
103. See “Breach of Trust,” herein.
104. Alvin Josephy, “Murder of the Southwest,” Audubon Magazine, Sept. 1971, p. 42.
105. Bruce Johansen and Roberto Maestas, Wasíchu: The Continuing Indian Wars (New York: Monthly Review Press, 1979) p. 162. The minimum rate was established by the Federal Coal Leasing Act of 1975, applicable everywhere in the U.S. except Indian reservations.
106. Olson and Wilson, Native Americans, p. 200.
107. The term “super-profits” is used in the manner defined by Richard J.Barnet and Ronald E. Müller in their Global Reach: The Power of the Multinational Corporations (New York: Touchstone, 1974).
108. U.S. Department of Interior, Bureau of Indian Affairs, Indian Service Population and Labor Force Estimates (Washington, D.C.: U.S. GPO, 1989). The study shows one-third of the 635,000 reservation-based Indians surveyed had annual incomes of less than $7,000. Also see the charts illuminating American Indian and Alaska native labor force participation as of 1980 deployed by Snipp, American Indians, pp. 214–40.
109. U.S. Senate, Committee on Labor and Human Resources, Guaranteed Job Opportunity Act: Hearing on S.777 (Washington, D.C.: 100th Cong., 1st Sess., 23 Mar. 1987) Appendix A.
110. The classic image is that of Emma Yazzie, an elderly and very traditional Diné who subsists on her flock of sheep, standing forlornly before a gigantic Peabody coal shovel which is digging up her scrubby grazing land on Black Mesa. The coal is to produce electricity for Phoenix and Las Vegas, but Yazzie has never had electricity (or running water) in her home. She gains nothing from the enterprise. To the contrary, her very way of life is being destroyed before her eyes. See Johansen and Maestas, Wasíchu, p. 141.
111. The term “underdevelopment” is used in the sense defined by Andre Gunder Frank in his Capitalism and Underdevelopment in Latin America (New York: Monthly Review Press, 1967).
112. U.S. Department of Commerce, Bureau of the Census, A Statistical Profile of the American Indian Population (Washington, D.C.: U.S. GPO, 1984); U.S. Department of Health and Human Services, Public Health Service, Chart Series Book (Washington, D.C.: U.S. GPO, 1988). An excellent summary is provided by Rennard Strickland in the essay “You Can’t Rollerskate in a Buffalo Herd, Even if You Have all the Medicine: Indian Law and Politics,” in his Tonto's Revenge: Reflections on American Indian Culture and Policy (Albuquerque: University of New Mexico Press, 1997) p. 53.
113. The terminology accrues from Eduardo Galeano, The Open Veins of Latin America: Five Centuries of the Pillage of a Continent (New York: Monthly Review Press, 1973).
114. Thus far, the only people able to turn this around have been the Northern Cheyennes, which won a 1976 lawsuit to have Class I environmental protection standards applied to their reservation, thereby halting construction of two coal-fired generating plants. For its part, the BIA had waived such protections in the Cheyennes’ “behalf”; Johansen and Maestas, Wasíchu, p. 174.
115. Rex Weyler, Blood of the Land: The U.S. Government and Corporate War Against the American Indian Movement (Philadelphia: New Society, [2nd ed.] 1992) pp. 154–55.
116. Tom Barry, “Bury My Lungs at Red Rock,” The Progressive, Feb. 1979.
117. On tailings and associated problems such as radon gas emissions, see J.B.Sorenson, Radiation Issues: Government Decision Making and Uranium Expansion in Northern New Mexico (Albuquerque: San Juan Regional Study Group, Working Paper 14, 1978). On carcinogenic/mutogenic effects, see J.M.Samet, et al., “Uranium Mining and Lung Cancer in Navajo Men,” New England Journal of Medicine, No. 310, 1984, pp. 1481–84. Also see Harold Tso and Laura Mangum Shields, “Navajo Mining Operations: Early Hazards and Recent Interventions,” New Mexico Journal of Science, Vol. 20, No. 1, June 1980.
118. Richard Hoppe, “A stretch of desert along Route 66—the Grants Belt—is chief locale for U.S. uranium,” Engineering and Mining Journal, Nov. 1978. Also see Nancy J.Owens, “Can Tribes Control Energy Development?” in Joseph Jorgenson, ed., American Indians and Energy Development (Cambridge, MA: Anthropology Resource Center, 1978). Also see “Breach of Trust,” herein.
119. Amelia Irvin, “Energy Development and the Effects of Mining on the Lakota Nation,” Journal of Ethnic Studies, Vol. 10, No. 2, Spring 1982.
120. Elouise Schumacher, “440 billion gallons: Hanford wastes would fill 900 King Domes,” Seattle Times, Apr. 13, 1991.
121. Johansen and Maestas, Wasíchu, p. 154. They are referring to Thadis Box, et al., Rehabilitation Potential for Western Coal Lands (Cambridge, MA: Ballinger Publishing Co., 1974). The book is the published version of a study commissioned by the National Academy of Sciences and submitted to the Nixon administration in 1972.
122. Russell Means, “Fighting Words on the Future of Mother Earth,” Mother Jones, Dec. 1980, p. 27.
123. See the section entitled “Genocide and the Genocide Convention,” and accompanying citations, in “Confronting Columbus Day,” pp. 44–46, herein.
124. Means, “Fighting Words,” p. 27.
125. Robbins, “Self-Determination,” p. 97.
126. The complete text of House Resolution 108 appears in Part II of Edward H.Spicer's A Short History of the United States (New York: Van Nostrum, 1968).
127. James E.Officer, “Termination as Federal Policy: An Overview,” in Kenneth R.Philp, ed., Indian Self-Rule: First-Hand Accounts of Indian-White Relations from Roosevelt to Reagan (Salt Lake City: Howe Bros., 1986) p. 125.
128. Richard Drinnon, Keeper of Concentration Camps: Dillon S.Myer and American Racism (Berkeley: University of California Press, 1987).
129. Raymond V.Butler, “The Bureau of Indian Affairs Activities Since 1945,” Annals of the Academy of American Academy of Political and Social Science, No. 436, 1978, pp. 50–60. The last dissolution, that of the Oklahoma Ponca, was delayed in committee and was not consummated until 1966.
130. See generally, Nicholas Peroff, Menominee DRUMS: Tribal Termination and Restoration, 1954– 1974 (Norman: University of Oklahoma Press, 1982).
131. Oliver LaFarge, “Termination of Federal Supervision: Disintegration and the American Indian,” Annals of the American Academy of Political and Social Science, No. 311, May 1975, pp. 56–70.
132. See generally, Donald L.Fixico, Termination and Relocation: Federal Indian Policy, 1945–1960 (Albuquerque: University of New Mexico Press, 1986); Alan L.Sokin, The Urban American Indian (Lexington, MA: Lexington Books, 1978).
133. Sharon O’Brien, American Indian Tribal Governments (Norman: University of Oklahoma Press, 1989) p. 86.
134. U.S. Department of Commerce, Bureau of the Census, General Social and Economic Characteristics: United States Summary (Washington, D.C.: U.S. GPO, 1983) p. 92; Thornton, Holocaust and Survival, p. 227.
135. NCAI Briefing Paper. In Susan Lobos and Kurt Peters, eds., American Indians and the Urban Experience (Walnut Creek, CA: AltaMira Press, 2001).
136. For use of the term “migration” to describe the effects of termination and relocation, see James H.Gundlach, Nelson P.Reid and Alden E.Roberts, “Native American Migration and Relocation,” Pacific Sociological Review, No. 21, 1978. On the “discarded and forgotten,” see American Indian Policy Review Commission, Task Force Ten, Report on Terminated and Nonfederally Recognized Tribes (Washington, D.C.: U.S. GPO, 1976).
137. See “The Nullification of Native America?” herein.
138. The term was coined in the mid-1970s to describe the self-destructive behavior exhibited by the Khmer Rouge regime in Kampuchea (Cambodia) in response to genocidal policies earlier ex tended against that country by the United States; Noam Chomsky, Deterring Democracy (New York: Hill and Wang, 1992) p. 380.
139. Alexis de Tocqueville, Democracy in America (New York: Harper & Row, 1966) p. 312.
140. “Hitler's concept of concentration camps as well as the practicality of genocide owed much, so he claimed, to his studies of British and United States history. He admired the camps for Boer prisoners in South Africa and for the Indians in the Wild West; and often praised to his inner circle the efficiency of America's extermination—by starvation and uneven combat— of the red savages who could not be tamed by captivity”; John Toland, Adolf Hitler (New York: Doubleday, 1976) p. 802. To have it in Hitler's own words, see his Mein Kampf (New York: Reynal and Hitchcock, 1939) pp. 403, 501; Hitler's Secret Book (New York: Grove Press, 1961) pp. 46–52.
141. Norman Rich, Hitler's War Aims: Ideology, the Nazi State, and the Course of Expansion (New York: W.W.Norton, 1973) p. 8.
142. John F.D.Smyth, A Tour of the United States of America (London: privately published, 1784) p. 346.
143. Quoted in Reginald Horsman, Race and Manifest Destiny: The Origins of Racial Anglo-Saxonism (Cambridge, MA: Harvard University Press, 1981) p. 198.
144. See the various quotes in Hutton, Phil Sheridan.
145. Fritz, Assimilation; Hoxie, Final Promise. Also see my Little Matter of Genocide, pp. 245–50.
146. The classic articulation, of course, is Joseph K.Dixon's 1913 The Vanishing Race, recently reprinted by Bonanza Books (New York). An excellent examination of the phenomenon may be found in Stan Steiner's The Vanishing White Man (Norman: University of Oklahoma Press, 1976).
147. Benedek, Wind. Also see Jerry Kammer, The Second Long Walk: The Navajo-Hopi Land Dispute (Albuquerque: University of New Mexico Press, 1980); Anita Parlow, Cry, Sacred Ground: Big Mountain, USA (Washington, D.C.: Christie Institute, 1988); the essay entitled “Genocide in Arizona: The ‘Navajo-Hopi Land Dispute’ in Perspective,” in my Struggle for the Land: Native North American Resistance to Genocide, Ecocide and Colonization (Winnipeg: Arbeiter Ring, [2nd ed.] 1999) pp. 135–72.
148. Thayer Scudder, et al., No Place to Go: Effects of Compulsory Relocation on Navajos (Philadelphia: Institute for the Study of Human Issues, 1982).
149. See the section on the Western Shoshone Land Claim in “The Earth Is Our Mother,” pp. 86– 106, herein.
150. Alaska Native Claims Settlement Act (85 Stat. 688 (1971)). For details and analysis, see M.C.Barry, The Alaska Pipeline: The Politics of Oil and Native Land Claims (Bloomington: Indiana University Press, 1975); Thomas R.Berger, Village Journey: The Report of the Alaska Native Review Commission (New York: Hill and Wang, 1985).
151. The plan is known by the title of its sponsoring organization, the North American Water and Power Association (NAWAPA); see the essay entitled “The Water Plot: Hydrological Rape in the Canadian North,” in my Struggle for the Land, esp. pp. 314–20.
152. The phrase is borrowed from Patricia Nelson Limerick's The Legacy of Conquest: The Unbroken Past of the American West (New York: W.W.Norton, 1987) p. 338.
153. See the essay entitled “Defining the Unthinkable: Towards a Viable Understanding of Genocide,” in my Little Matter of Genocide, pp. 399–444.
154. For analysis, see Glenn T.Morris, “In Support of the Right to Self-Determination of Indigenous Peoples Under International Law,” German Yearbook of International Law, No. 29, 1986; “International Law and Politics: Toward a Right to Self-Determination for Indigenous Peoples,” in Jaimes, State of Native America, pp. 55–86.
155. This includes a rather large array of covenants and conventions pertaining to everything from the binding effect of treaties to the Laws of War. It also includes Ronald Reagan's postulation, advanced in October 1985, that the International Court of Justice holds no authority other than in matters of trade. A detailed examination of U.S. posturing in this regard will be found in Lawrence W. LeBlanc, The United States and the Genocide Convention (Durham, NO Duke University Press, 1991).
1. On the fishing rights struggles, see American Friends Service Committee, Uncommon Controversy: Fishing Rights of the Muckleshoot, Puyallup and Nisqually Indians (Seattle: University of Washington Press, 1970). On the Alcatraz occupation, see Peter Blue Cloud, ed., Alcatraz Is Not An Island (Berkeley: Wingbow Press, 1972); Adam Fortunate Eagle (Nordwall), Alcatraz! Alcatraz! The Indian Occupation of 1969–1971 (Berkeley: Heyday Books, 1992).
2. This is not to say that others—notably, members of the Black Panther Party—have not suffered severely and often fatally at the hands of official specialists in the techniques of domestic political repression in the United States. The distinction drawn with regard to American Indian activists in this respect is purely proportional. For comprehensive background on the experiences of nonindians, see Robert Justin Goldstein, Political Repression in Modern America, 1870 to the Present (Cambridge/New York: Schenkman/Two Continents, 1978). On the Black Panther Party in particular, see my “‘To Disrupt, Discredit and Destroy’: The FBI's Secret War against the Black Panther Party,” in Kathleen Cleaver and George Katsiaficas, eds., Liberation, Imagination and the Black Panther Party: A New Look at the Panthers and Their Legacy (New York: Routledge, 2001) pp. 78–117.
3. Bruce Johansen and Roberto Maestas, Wasíchu: The Continuing Indian Wars (New York: Monthly Review Press, 1979).
4. Counterinsurgency is not a part of law enforcement or intelligence-gathering missions. Rather, it is an integral subpart of low intensity warfare doctrine and methodology, taught at the U.S. Army's Special Warfare School at Fort Bragg, North Carolina; see Maj. John S.Pustay, Counterinsurgency Warfare (New York: Free Press, 1965); Michael T.Klare and Peter Kornbluh, eds., Low Intensity Warfare: Counterinsurgency, Proinsurgency, and Antiterrorism in the Eighties (New York: Pantheon, 1988). For an illustration of the FBI's use of explicit Counterinsurgency terminology to define its anti-Indian operations in 1976, see Ward Churchill and Jim Vander Wall, The COINTELPRO Papers: Documents from the FBI's Secret Wars Against Dissent in the United States (Boston: South End Press, 1990) p. 26.
5. U.S. Department of Justice, Commission on Civil Rights, Events Surrounding Recent Murders on the Pine Ridge Reservation in South Dakota (Denver: Rocky Mountain Regional Office, Mar. 31, 1976).
6. In his, at the time, definitive study of the Bureau, Sanford J.Ungar quotes a senior counterintelligence specialist to the effect that “success in this area is not measured in terms of arrests and prosecutions, but in our ability to neutralize our targets’ ability to do what they’re doing”; Sanford J. Ungar, FBI: An Uncensored Look Behind the Walls (Boston: Little, Brown, 1975) p. 311.
7. On the early days of the Black Panther Party, see Gene Marine, The Black Panthers (New York: New American Library, 1969). On the beginnings of AIM, and its obvious reliance on the Panther model, see Peter Matthiessen, In the Spirit of Crazy Horse (New York: Viking, [2nd. ed.] 1991) pp. 34–37.
8. On internal colonialism, see the section of that title in “Breach of Trust,” pp. 114–16, herein.
9. On federal treaties with Indians and their implications, see “The Law Stood Squarely on Its Head,” herein.
10. On native property rights within the U.S., see “The Earth Is Our Mother,” herein.
11. U.S. Department of Labor, Bureau of the Census, 1970 Census of the Population, Subject Report: American Indians (Washington, D.C.: U.S. GPO, 1972).
12. On plenary power doctrine, see “The Tragedy and the Travesty,” herein.
13. On resource distribution, see generally Michael Garrity, “The U.S. Colonial Empire is as Close as the Nearest Indian Reservation,” in Holly Sklar, ed., Trilateralism: The Trilateral Commission and Elite Planning for World Government (Boston: South End Press, 1980) pp. 238– 68.
14. See generally, Joseph G.Jorgensen, ed., Native Americans and Energy Development, II (Cambridge, MA: Anthropology Resource Center/Seventh Generation Fund, 1984).
15. See generally, Roxanne Dunbar Ortiz, ed., Economic Development in American Indian Reservations (Albuquerque: University of New Mexico Native American Studies Center, 1980).
16. See “Breach of Trust,” herein.
17. U.S. Department of Health, Education and Welfare (DHEW), A Study of Selected Socio-Economic Characteristics of Ethnic Minorities Based on the 1970 Census, Vol. 3: American Indians (Washington, D.C.: U.S. GPO, 1974). It should be noted that the economic and health data pertaining to certain sectors of other U.S. minority populations—inner city blacks, for example, or Latino migrant workers—are very similar to those bearing on American Indians. Unlike these other examples, however, the data on American Indians encompass the condition of the population as a whole.
18. U.S. Bureau of the Census, Population Division, Racial Statistics Branch, A Statistical Profile of the American Indian Population (Washington, D.C.: U.S. GPO, 1974).
19. Dennis J.Banks, speech before the United Lutheran Board, Minneapolis, Minnesota, March 1971.
20. Notable in this respect was resuscitation of the Lakota Sun Dance, forbidden by the BIA since 1881, when in August 1972 AIM members showed up en masse to participate in the ceremony at Crow Dog's Paradise, on the Rosebud Reservation. As the revered Oglala spiritual leader Frank Fools Crow put it in 1980, “Before that, there were only one, two Sun Dances each year. Just a few came, the real traditionals. And we had to hold ‘em in secret. After the AIM boys showed up, now there are [Sun Dances] everywhere, right out in the open, too. Nobody hides anymore. Now, they’re all proud to be Indian.” The same principle pertains to the resurgence of numerous other ceremonies among a variety of peoples.
21. On the Indian Treaty Council (IITC), “AIM's international diplomatic arm,” and establishment of the United Nations Working Group on Indigenous Populations, see Russell Means with Mavin J.Wolf, Where White Men Fear to Tread: The Autobiography of Russell Means (New York: St. Martin's Press, 1995) pp. 325–26, 356, 365.
22. The term “National Liberation Movement” is not rhetorical. Rather it bears a precise meaning under Article I, Paragraph 4 of Additional Protocol I of the 1949 Geneva Convention. Also see United Nations Resolution 3103 (XXVIII), 12 Dec. 1973.
23. Birgil Kills Straight, mimeographed statement circulated by the Oglala Sioux Civil Rights Organization (Manderson, S.D.) during the 1973 Siege of Wounded Knee.
24. By the mid-70s, even elements of the federal government had begun to adopt AIM's emphasis on colonialism to explain the relationship between the United States and American Indians. See, e.g., U.S. Commission on Civil Rights, The Navajo Nation: An American Colony (Washington, D.C.: U.S. GPO, Sept. 1975).
25. This remained true until the governments 1993 slaughter of 86 Branch Davidians in a single hour near Waco, Texas. The standard text on the 1890 massacre is, of course, Dee Brown's Bury My Heart at Wounded Knee: An Indian History of the American West (New York: Holt, Rinehart & Winston, 1970).
26. Robert Burnette with John Koster, The Road to Wounded Knee (New York: Bantam, 1974) p. 196.
27. Peter Matthiessen, In the Spirit of Crazy Horse (New York: Viking, [2nd. ed.] 1991) pp. 38, 110.
28. Yellow Thunder, burned with cigarettes, was forced to dance nude from the waist down for the entertainment of a crowd assembled in the Gordon American Legion Hall. He was then severely beaten and stuffed, unconscious, into the trunk of a car where he froze to death. See Rex Weyler, Blood of the Land: The U.S. Government and Corporate War Against the American Indian Movement (Philadelphia: New Society, [2nd ed.] 1992) p. 48. Also see Matthiessen, Spirit, pp. 59–60.
29. Quoted in Weyler, Blood, p. 49.
30. Alvin M.Josephy, Jr., Now That the Buffalo's Gone: A Study of Today's American Indian (New York: Alfred A.Knopf, 1982) p. 237.
31. The best overall handling of these events, including the complete text of the Twenty Point Program, is Vine Deloria, Jr.'s Behind the Trail of Broken Treaties: An Indian Declaration of Independence (Austin: University of Texas Press, [2nd ed.] 1984).
32. See Editors, BIA, I’m Not Your Indian Anymore (Rooseveltown, NY: Akwesasne Notes, 1973).
33. The money, comprised of unmarked twenty, fifty, and hundred dollar bills, came from a slush fund administered by Nixon's notorious Committee to Reelect the President (CREEP), and was delivered in brown paper bags. The bagmen were administration aides Leonard Garment and Frank Carlucci (later National Security Council chief and CIA Director under Ronald Reagan); Paul Chaat Smith and Robert Allen Warrior, Like a Hurricane: The American Indian Movement from Alcatraz to Wounded Knee (New York: New Press, 1996) pp. 163–65.
34. It was from these files that, among other things, the existence of a secret IHS program to perform involuntary sterilizations on American Indian women was first revealed; Brint Dillingham, “Indian Women and IHS Sterilization Practices,” American Indian Journal, Vol. 3, No. 1, Jan. 1977.
35. The full text of administration response is included in BIA, I’m Not Your Indian Anymore.
36. The language is that of Webster Two Hawk, then President of the Rosebud Sioux Tribe and federally funded National Tribal Chairmen's Association. Two Hawk was shortly voted out of both positions by his constituents, replaced as Rosebud President by Robert Burnette, an organizer of the Trail of Broken Treaties. See my “Renegades, Terrorists and Revolutionaries: The Government's Propaganda War Against the American Indian Movement,” Propaganda Review, No. 4, Apr. 1989.
37. One firm indication of this was the arrest by the FBI of Assiniboin/Lakota activist Hank Adams and Les Whitten, an associate of columnist Jack Anderson, shortly after the occupation. They were briefly charged with illegally possessing government property. The men, neither of whom was an AIM member, were merely acting as go-betweens in returning BIA documents to the federal authorities. The point seems to have been to isolate AIM from its more “moderate” associations; Deloria, Behind the Trail of Broken Treaties, p. 59.
38. Although he had stabbed Bad Heart Bull repeatedly in the chest with a hunting knife, Schmitz was charged only with second-degree manslaughter and released on a mere $5,000 bond; Weyler, Blood, p. 68.
39. Don and Jan Stevens, South Dakota: The Mississippi of the North, or Stories Jack Anderson Never Told You (Custer, SD: self-published pamphlet, 1977).
40. More broadly, AIM's posture was a response to what it perceived as a nationwide wave of murders of Indians by whites. These included not only those of Yellow Thunder and Bad Heart Bull, but of a 19-year-old Papago named Phillip Celay by a sheriff's deputy in Arizona, an Onondaga Special Forces veteran (and member of the honor guard during the funeral of John F.Kennedy) named Leroy Shenandoah in Philadelphia, and, on Sept. 20, 1972, of Alcatraz leader Richard Oaks near San Francisco; see my and Jim Vander Wall's Agents of Repression: The FBI's Secret Wars Against the Black Panther Party and the American Indian Movement (Boston: South End Press, 1988) p. 123.
41. The individual receiving the call was reporter Lynn Gladstone. Such calls are a standard FBI counterintelligence tactic used to disrupt the political organizing of targeted groups. See Brian Glick, War at Home: Covert Action Against U.S. Activists and What We Can Do About It (Boston: South End Press, 1989).
42. A Jan. 31, 1973, FBI teletype delineates the fact that the Bureau was already involved in planning the police response to the Custer demonstration. It is reproduced in my and Jim Vander Wall's The COINTELPRO Papers: Documents from the FBI's Secret Wars Against Dissent in the United States (Boston: South End Press, 1990) p. 241.
43. Weyler, Blood, pp. 68–69.
44. The average annual income on Pine Ridge at this time was about $1,000; Cheryl McCall, “Life on Pine Ridge Bleak,” Colorado Daily, May 16, 1975. Wilson hired his brother, Jim, to head the tribal planning office at an annual salary of $25,000 plus $15,000 in “consulting fees”; New York Times, Apr. 22, 1975. Another brother, George, was hired at a salary of $20, 000 to help the Oglalas “manage their affairs”; Wilsons wife was named director of the Reservation Head Start program at a salary of $18,000; his son, “Manny” (Richard, Jr.) was placed on the GOON payroll, along with several cousins and nephews; Wilson also upped his own salary from $5,500 per year to $15,500 per year, plus lucrative consulting fees, within his first six months in office; Matthiessen, Spirit, p. 62. When queried about the propriety of all this, Wilson replied, “There's no law against nepotism”; Robert Anderson, et al., eds., Voices From Wounded Knee, 1973 (Rooseveltown, NY: Akwesasne Notes, 1974) p. 34.
45. In addition to this BIA “seed money,” Wilson is suspected of having misappropriated some $347,000 in federal highway improvement funds to meet GOON payrolls between 1972 and 1975. A 1975 General Accounting Office report indicates that the funds had been expended without any appreciable road repair having been done, and that the Wilsonites had kept no books with which to account for this mysterious situation. Nonetheless, the FBI declined to undertake a further investigation of the matter.
46. The Gunnery Range, comprising the northwestern eighth of Pine Ridge, was an area “borrowed” from the Oglalas by the War Department in 1942 as a place to train aerial gunners. It was to be returned at the end of World War II, but never was. By the early 70s, the Oglala traditionals had begun to agitate heavily for its recovery. The deposits had been secretly discovered in 1971, however, through a technologically elaborate survey and mapping project undertaken jointly by the National Aeronautics and Space Administration (NASA) and a little known entity called the National Uranium Resource Evaluation Institute (NURE). At that point, the government set out to obtain permanent title to the property; its quid pro quo with Wilson seems to have been his willingness to provide it. See J.P.Gries, Status of Mineral Resource Information on the Pine Ridge Indian Reservation, S.D. (Washington, D.C.: BIA Bulletin No. 12, U.S. Department of Interior, 1976); Jacqueline Huber, et al., The Gunnery Range Report (Pine Ridge, SD: Office of the Oglala Sioux Tribal President, 1981).
47. Anderson, et al., Voices, pp. 17–26.
48. Quoted in Matthiessen, Spirit, p. 66.
49. Burnette and Koster, Road, p. 74.
50. The action was proposed by OSCRO leader Pedro Bissonette and endorsed by traditional Oglala chiefs Frank Fools Crow, Pete Catches, Ellis Chips, Edgar Red Cloud, Jake Kills Enemy, Morris Wounded, Severt Young Bear, and Everette Catches; Anderson, et al., Voices, p. 36.
51. Weyler, Blood, pp. 76–78.
52. On of their first actions was to meet with Colonel Vic Jackson, a subordinate of future FEMA head Louis Giuffrida, brought in from California to “consult.” Through an entity called the California Civil Disorder Management School, Jackson and Giuffrida had devised a pair of “multi-agency domestic counterinsurgency scenarios” code named “Garden Plot” and “Cable Splicer” in which the government was interested. There is thus more than passing indication that what followed at Wounded Knee was, at least in part, a field test of these plans; Weyler, Blood, pp. 80–81. Also see Ken Lawrence, The New State Repression (Chicago: International Network Against the New State Repression, 1985).
53. Weyler, Blood, p. 83. The quantity of M-16 ammunition should actually read 1.3 million rounds. The military also provided state-of-the-art communications gear, M-14 sniper rifles and ammunition, “Starlight” night vision scopes and other optical technology, tear gas rounds and flares for M-79 grenade launchers, and field provisions to feed the assembled federal forces. All of this was in flat violation of the Posse Comitatus Act (18 USCS § 1385), which makes it illegal for the government to deploy the military in “civil disturbances.” For this reason, Colonels Warner and Potter, and the other military personnel they brought in, wore civilian clothes at Wounded Knee in an effort to hide their involvement.
54. Bill Zimmerman, Airlift to Wounded Knee (Chicago: Swallow Press, 1976).
55. Clearwater was mortally wounded on April 17, 1973, and died on Apr. 25. Lament was hit on April 27, after being driven from his bunker by tear gas. Federal gunfire then prevented anyone from reaching him until he died from loss of blood; Anderson, et al., Voices, pp. 179, 220.
56. Robert Burnette later recounted how, once the siege had ended, Justice Department Solicitor General Kent Frizzell asked his assistance in searching for such graves; Burnette and Koster, Road to Wounded Knee, p. 248. Also see Anderson, et al., Voices, p. 193.
57. The “hostages” were mostly elderly residents of Wounded Knee: Wilbert A.Reigert (aged 86), Girlie Clark (75), Clive Gildersleeve (73), Agnes Gildersleeve (68), Bill Cole (82), Mary Pike (72), and Annie Hunts Horse (78). Others included Guy Fritz (aged 49), Jeanne Fritz (47), Adrienne Fritz (12), and Father Paul Manhart (46). When South Dakota Senators George McGovern and James Abourezk went to Wounded Knee on March 2 to “bring the hostages out,” the supposed captives announced they had no intention of leaving. Instead they stated they wished to stay to “protect [their] property from federal forces” and that they considered the AIM people to be the “real hostages in this situation”; Burnette and Koster, Road, pp. 227–28.
58. The first federal casualty was an FBI agent named Curtis Fitzpatrick, hit in the wrist by a spent round on March 11, 1973. Interestingly, with his head swathed in bandages, he was evacuated by helicopter before a crowd of reporters assembled to witness the event; Burnette and Koster, Road to Wounded Knee, pp. 237–38. The second, U.S. Marshal Lloyd Grimm, was struck in the back and permanently paralyzed on March 23. Grimm was, however, facing the AIM perimeter when he was hit. The probability is therefore that he was shot—perhaps unintentionally—by one of Wilson's GOONs, who were at the time firing from positions behind those of the marshals; Anderson, et al., Voices, p. 128.
59. Quoted in ibid., p. 47.
60. Held was simultaneously serving as head of the FBI's Internal Security Section and as Special Agent in Charge (SAC) of the Bureau's Chicago Office. He had been assigned the latter position, in addition to his other duties, in order that he might orchestrate a cover-up of the FBI's involvement in the 1969 murders of Illinois Black Panther leaders Fred Hampton and Mark Clark. At the outset of the Wounded Knee Siege, he was detached from his SAC position—a very atypical circumstance—and sent to Pine Ridge in order to prepare a study of how the Bureau should deal with AIM “insurgents.” The result, entitled “FBI Paramilitary Operations in Indian Country”—in which the author argued, among other things, that “shoot to kill” orders should be made standard—is extremely significant in light of subsequent Bureau activities on the reservation and Held's own role in them.
61. The terms of the stand down agreement are covered in Anderson, et al., Voices, p. 231. On the treaty, see “The Earth Is Our Mother” herein.
62. Federal representatives plainly prevaricated, arguing that they were precluded from responding to questions of treaty compliance because of Congress's 1871 suspension of treatymaking with Indians (Title 25 USC § 71). As Lakota elder Matthew King rejoined, however, the Indians were not asking that a new treaty be negotiated. Rather, they were demanding that U.S. commitments under an existing treaty be honored, a matter which was not only possible under the 1871 Act, but required by it; Anderson, et al., Voices, pp. 252– 54.
63. Instead, a single marshal was dispatched to Fools Crow's home on the appointed date to deliver to those assembled there a note signed by White House Counsel Leonard Garment. The missive stated that “the days of treaty-making with Indians ended in 1871, 102 years ago”; quoted in ibid., pp. 257–58.
64. U.S. House of Representatives, Committee on the Judiciary, Subcommittee on Civil and Constitutional Rights, 1st Session on FBI Authorization, March 19, 24, 25; April 2 and 8, 1981 (Washington, D.C.: 97th Cong., 2nd Sess., 1981).
65. Weyler, Blood, p. 95; Burnette and Koster, Road, p. 253.
66. Subcommittee on Civil and Constitutional Rights, FBI Authorization.
67. Ibid. Means was convicted on none of the forty federal charges. Instead, he was finally found guilty in 1977 under a South Dakota law on “Criminal Syndicalism” and served a year in the maximum security prison at Sioux Falls. Means was, and will remain, the only individual ever convicted under this statute; the South Dakota legislature repealed the law while he was imprisoned. Amnesty International was preparing to adopt him as a Prisoner of Conscience when he was released in 1979; Amnesty International, Proposal far a commission of inquiry into the effect of domestic intelligence activities on criminal trials in the United States of America (New York: Amnesty International, 1980).
68. For excerpts from the transcripts of the “Sioux Sovereignty Hearing” conducted in Lincoln, Nebraska, during the fall of 1974, see Roxanne Dunbar Ortiz, ed., The Great Sioux Nation: Sitting in Judgment on America (New York/San Francisco: International Indian Treaty Council/ Moon Books, 1977).
69. Tried together in a second “Leadership Trial,” Crow Dog, Holder, and Camp were convicted of minor offenses during the spring of 1975. Holder and Camp went underground to avoid sentencing. Crow Dog was granted probation (as were his codefendants when they surfaced), and then confronted with charges unrelated to Wounded Knee the following November. Convicted, and sentenced to five years, he was imprisoned first in the federal maximum security facility at Lewisburg, Pennsylvania, then at Leavenworth, Kansas. The National Council of Churches and Amnesty International were preparing to adopt him as a Prisoner of Conscience when he was released on parole in 1977. See Amnesty International, Proposal, Weyler, Blood, p. 189.
70. As a congressional study concluded, this was “a very low rate considering the usual rate of conviction in Federal Courts and a great input of resources in these cases”; Subcommittee on Civil and Constitutional Rights, FBI Authorization.
71. This is a classic among the counterintelligence methods utilized by the FBI. For example, according to a Bureau report declassified by a Senate Select Committee in 1975, agents in Philadelphia offered as an “example of a successful counterintelligence technique” their use of “any excuse for arrest” as a means of “neutralizing” members of a targeted organization, the Revolutionary Action Movement (RAM) during the summer of 1967. “RAM people,” the document went on, “were arrested and released on bail, but they were re-arrested several times until they could no longer make bail.” The tactic was recommended for use by other FBI offices to “curtail the activities” of objectionable political groups in their areas. Complete text of this document will be found in Agents, pp. 45–47. More broadly, see U.S. Senate, Select Committee to Study Government Operations with Respect to Intelligence Activities, Final Report: Supplementary Detailed Staff Reports on Intelligence Activities and the Rights of Americans, Book III (Washington, D.C.: 94th Cong., 2d Sess., 1976).
72. This is the standard delineation of objectives attending the FBI's domestic counterintelligence programs (COINTELPROs); see the document reproduced in COINTELPRO Papers, pp. 92–93.
73. Quoted in Martin Garbus, “General Haig of Wounded Knee,” The Nation, Nov. 9, 1974.
74. A complete list of those killed and dates of death is contained in COINTELPRO Papers, pp. 393–94.
75. Commission on Civil Rights, Recent Murders.
76. Johansen and Maestas, Wasíchu, pp. 83–84.
77. FBI jurisdiction on reservations accrues under the 1885 Major Crimes Act (ch. 341, 24 Stat. 362, 385, now codified at 18 USC 1153).
78. As examples: Delphine Crow Dog, sister of AIM's spiritual leader, beaten unconscious and left to freeze to death in a field on Nov. 9, 1974; AIM member Joseph Stuntz Killsright, killed by a bullet to the head and apparently shot repeatedly in the torso after death on June 26, 1975.
79. Consider the case of the brothers Vernal and Clarence Cross, both AIM members, who were stopped along the road with car trouble outside Pine Ridge village on June 19, 1973. Individuals firing from a nearby field hit both men, killing Clarence and severely wounding Vernal. Another bullet struck nine-year-old Mary Ann Little Bear, who was riding in a car driven by her father and coming in the opposite direction, in the face, blinding her in one eye. Mr. Little Bear identified three individuals to police and FBI agents as being the shooters. None of the three were interrogated. Instead, authorities arrested Vernal Cross in the hospital, charging him with murdering Clarence (the charges were later dropped). No charges were ever filed in the shooting of Mary Ann Little Bear; Weyler, Blood, p. 106.
80. Quoted in Johansen and Maestas, Wasíchu, p. 88. Actually, O’clock's position fits into a broader Bureau policy. “When Indians complain about the lack of investigation and prosecution on reservation crime, they are usually told the Federal government does not have the resources to handle the work”; U.S. Department of Justice, Report of the Task Force on Indian Matters (Washington, D.C.: U.S. GPO, 1975) pp. 42–43.
81. In 1972, the Rapid City Resident Agency was staffed by three agents. This was expanded to eleven in March 1973, and augmented by a ten-member SWAT team shortly thereafter. By the spring of 1975, more than thirty agents were assigned to Rapid City on a long-term basis, and as many as two dozen others were steadily coming and going while performing “special tasks; Johansen and Maestas, Wasíchu, p. 93; Department of Justice, Indian Matters, pp. 42–43.
82. In the Clarence Cross murder, for example, the killers were identified as John Hussman, Woody Richards, and Francis Randall, all prominent members of the GOONs. Or again, in the Jan. 30, 1976, murder of AIM supporter Byron DeSersa near the reservation hamlet of Wanblee, at least a dozen people identified GOONs Billy Wilson (Dickie Wilson's younger son), Charles David Winters, Dale Janis, and Chuck Richards as being among the killers. Indeed, the guilty parties were still on the scene when two FBI agents arrived. Yet the only person arrested was a witness, an elderly Cheyenne named Guy Dull Knife, because of the vociferousness with which he complained about the agents’ inaction. The BIA police, for their part, simply ordered the GOONs to leave town; U.S. Commission on Civil Rights, American Indian Issues in South Dakota: Hearing Held in Rapid City, South Dakota, July 27–28, 1978 (Washington, D.C.: U.S. GPO, 1978) p. 33.
83. On the CIAs relationship to Latin American death squads, see Penny Lernoux, Cry of the People: United States Involvement in the Rise of Fascism, Torture, and Murder, and the Persecution of the Catholic Church in Latin America (Garden City, NY: Doubleday, 1980).
84. Anderson, et al., Voices, p. 189. Frizzell himself has confirmed the account.
85. Ibid., p. 190.
86. The directive was issued on Apr. 24, 1973.
87. Anderson, et al., Voices, p. 213; Weyler, Blood of the Land, pp. 92–93.
88. See, e.g., Athan Theoharis, “Building a Case Against the FBI,” Washington Post, Oct. 30, 1988.
89. See my “Death Squads in America: Confessions of a Government Terrorist,” Yale Journal of Law and Liberation, No. 3, 1992. The interview was conducted by independent filmmakers Kevin Barry McKiernan and Michel DuBois several years earlier, but not released in transcript form until 1991.
90. “Det cord” is detonation cord, a rope-like explosive often used by the U.S. military to fashion booby traps. Brewer also makes mention of Bureau personnel introducing him and other GOONs to civilian right-wingers who provided additional ordnance.
91. Another example of this sort of thing came in the wake of the Feb. 27, 1975, beating and slashing of AIM defense attorney Roger Finzel, his client, Bernard Escamilla, and several associates at the Pine Ridge Airport by a group of GOONs headed by Duane Brewer and Dickie Wilson himself. The event being too visible to be simply ignored, Wilson was allowed to plead guilty to a petty offense carrying a $10 penalty in his own tribal court. Federal charges were then dropped on advice from the FBI—which had spent its investigative time polygraphing the victims rather than their assailants—because pressing them might constitute “double jeopardy”; Weyler, Blood, pp. 172–73; Matthiessen, Spirit, pp. 130–31.
92. At one point, the Bureau attempted to implicate Northwest AIM leader Leonard Peltier in the killing. This ploy was abandoned only when it was conclusively demonstrated that Peltier was in another state when the murder occurred; interview with Peltier defense attorney Bruce Ellison, Oct. 1987 (tape on file). Also see Matthiessen, Spirit, p. 133.
93. Both Moves Camp and Bissonette drove white over dark blue Chevrolet sedans. Goon leader Duane Brewer subsequently confirmed that his men had killed Bissonette by “mistake”; see “Death Squads.” The victim, who was not herself active in supporting AIM, was the sister of OSCRO leader Pedro Bissonette, shot to death under highly suspicious circumstances by BIA police officer cum GOON Joe Clifford on the night of Oct. 17, 1973; Agents, pp. 200–3; Weyler, pp. 107–10.
94. Eastman, although a Crow, is directly related to the Dakota family of the same name, made famous by the writer Charles Eastman earlier in the century. Ironically, two of his relatives, the sisters Carole Standing Elk and Fern Matthias, claim to be AIM members in California.
95. “Death Squads,” p. 96.
96. Structurally, the appropriation of the formal apparatus of deploying force possessed by client states for purposes of composing death squads, long a hallmark of CIA covert operations in the Third World, corresponds quite well with the FBI's use of the BIA police on Pine Ridge. See A.J.Languuth, Hidden Terrors: The Truth About U.S. Police Operations in Latin America (New York: Pantheon, 1978); Edward S.Herman, The Real Terror Network: Terrorism in Fact and Propaganda (Boston: South End Press, 1982).
97. See, e.g., Commission on Civil Rights, Recent Murders.
98. In late 1973, Means took a majority of all votes cast in the tribal primaries. In the 1974 run off, however, Wilson retained his presidency by a 200-vote margin. A subsequent investigation by the U.S. Commission on Civil Rights revealed that 154 cases of voter fraud —non-Oglalas being allowed to vote—had occurred. A further undetermined number of invalid votes had been cast by Oglalas who did not meet tribal residency requirements. No record had been kept of the number of ballots printed or how and in what numbers they had been distributed. No poll watchers were present in many locations, and those who were present at the others had been appointed by Wilson rather than an impartial third party. There was also significant evidence that pro-Means voters had been systematically intimidated, and in some cases roughed up, by Wilsonites stationed at each polling place; U.S. Commission on Civil Rights, Report of Investigation: Oglala Sioux Tribe, General Election, 1974 (Denver: Rocky Mountain Regional Office, Oct. 1974). Despite these official findings, the FBI performed no substantive investigation, and the BIA allowed the results of the election to stand.
99. As the Jumping Bulls’ daughter, Roselyn, later put it, “We asked those AIM boys to come help us [defend ourselves against] Dickie Wilson and his goons”; quoted in an unpublished manuscript by researcher Candy Hamilton, p. 3 (copy on file).
100. See, e.g., a memorandum from SAC Minneapolis (Joseph Trimbach) to the FBI Director, dated June 3, 1975, and captioned “Law Enforcement on the Pine Ridge Indian Reservation,” in which it is recommended that armored personnel carriers be used to assault AIM defensive positions.
101. No such warrant existed. When an arrest order was finally issued for Eagle on July 9, 1975, it was for the petty theft of a pair of used cowboy boots from a white ranch hand. Eagle was acquitted even of this when the case was taken to trial in 1976. Meanwhile, George O’clock's assignment of two agents to pursue an Indian teenager over so trivial an offense at a time when he professed to be too shorthanded to investigate the murders of AIM members speaks for itself; Matthiessen, Spirit, p. 173.
102. Ibid., p. 156.
103. The agents followed a red pickup truck which, unbeknownst to them, was full of dynamite onto the property. In the valley, the truck stopped and its occupants got out. Williams and Coler also stopped and got out of their cars. They then began firing toward the pickup, a direction which carried their rounds into the AIM camp, where a number of noncombatant women and children were situated. AIM security then began to fire back. It is a certainty that AIM did not initiate the firefight because, as Bob Robideau later put it, “Nobody in their right mind would start a gunfight, using a truckload of dynamite for cover.” Once the agents were preoccupied, the pickup made its escape. Northwest AIM was toying with the idea of using the explosives to remove George Washington's face from the nearby Mount Rushmore National Monument; interview with Bob Robideau, May 1990 (notes on file).
104. Matthiessen, Spirit, p. 158.
105. An additional indicator is that the inimitable William Janklow also seems to have been on alert, awaiting a call telling him things were underway. In any event, when called, Janklow was able to assemble a white vigilante force in Hot Springs, S.D., and drive about fifty miles to the Jumping Bull property, arriving there at about 1:30 p.m., an elapsed time of approximately two hours.
106. A further indication of preplanning by the Bureau is found in a June 27, 1975, memorandum from R.E.Gebhart to Mr. O’Donnell at FBIHQ. It states that Chicago SAC/Internal Security Chief Richard G.Held was contacted by headquarters about the firefight at the Minneapolis field office at 12:30 p.m. on June 26. It turns out that Held had already been detached from his position in Chicago and was in Minneapolis—under which authority the Rapid City resident agency, and hence Pine Ridge, falls—awaiting word to temporarily take over from Minneapolis SAC Joseph Trimbach. The only ready explanation for this highly unorthodox circumstance, unprecedented in Bureau his tory, is that it was expected that Held's peculiar expertise in political repression would be needed for a major operation on Pine Ridge in the immediate future; Johansen and Maestes, Wasíchu, p. 95.
107. Matthiessen, Spirit, pp. 483–85.
108. The FBI sought to “credit” BIA police officer Gerald Hill with the lethal long range shot to the head, fired at Killsright at about 3 p.m., despite the fact that he was plainly running away and therefore presented no threat to law enforcement personnel (it was also not yet known that Coler and Williams were dead). However, Waring, who was with Hill at the time, was the trained sniper of the pair, and equipped accordingly. In any event, several witnesses who viewed Killsright's corpse in situ—including Assistant South Dakota Attorney General William Delaney and reporter Kevin Barry McKiernan—subsequently stated that it appeared to them that someone had fired a burst from an automatic into the torso from close range and then tried to hide the fact by putting an FBI jacket over the postmortem wounds; Matthiessen, Spirit, p. 183.
109. The agents’ standard attire was Vietnam-issue “boonie hats, jungle fatigues and boots.” Their weapons were standard army M-16s. The whole affair was deliberately staged to resemble a military operation in Southeast Asia; see the selection of photographs in Agents.
110. Williams and Coler had each been shot three times. The FBI knew, from the sound of the rifles during the firefight if nothing else, that AIM had used no automatic weapons. Neither agent was stripped. There were no bunkers, but rather only a couple of old root cellars and tumbledown corrals, common enough in rural areas and not used as firing positions in any event (the Bureau would have known this because of the absence of spent cartridge casings in such locations). Far from being “lured” to the Jumping Bull property, they had returned after being expressly told to leave (and, in the event, they were supposed to be serving a warrant). Instructively, no one in the nation's press corps thought to ask how, exactly, Coll might happen to know either agent's last words, since nobody from the FBI was present when they were killed; Joel D.Weisman, “About that Ambush’ at Wounded Knee,” Columbia Journalism Review, Sept.-Oct. 1975. Also see my “Renegades, Terrorists and Revolutionaries.”
111. The director's admission was made during a press conference conducted at the Century Plaza Hotel on July 1, 1975, in conjunction with Coler's and Williams’ funerals. It was accorded inside coverage by the press, unlike the page-one treatment given Coll's original disinformation; Tom Bates, “The Government's Secret War on the Indian,” Oregon Times, Feb./Mar. 1976.
112. Examples of the air assault technique include a 35-man raid on the property of AIM spiritual leader Selo Black Crow, near the village of Wanblee, on July 8, 1975. Crow Dog's Paradise, on the Rosebud Reservation, just across the line from Pine Ridge, was hit by a hundred heliborne agents on Sept. 5. Meanwhile, an elderly Oglala named James Brings Yellow had suffered a heart attack and died when agent J.Gary Adams suddenly kicked in his door during a no-knock search on July 12. By August, such abuse by the FBI was so pervasive that even some of Wilsons GOONs were demanding that the agents withdraw from the reservation; COINTELPRO Papers, pp. 268–70.
113. By September, it had become obvious to everyone that AIM lacked the military capacity to protect the traditionals from the level of violence being imposed by the FBI by that point. Hence, the organization began a pointed disengagement in order to alleviate pressure on the traditionals. On Oct. 16, 1975, Richard G.Held sent a memo to FBIHQ advising that his work in South Dakota was complete and that he anticipated returning to his position in Chicago by Oct. 18; a portion of this document is reproduced in COINTELPRO Papers, p. 273.
114. “Memorandum of Agreement Between the Oglala Sioux Tribe of South Dakota and the National Park Service of the Department of Interior to Facilitate Establishment, Development, Administration and Public Use of the Oglala Sioux Tribal Lands, Badlands National Monument” (Washington, D.C.: U.S. Department of Interior, Jan. 2, 1976). The Act assuming title is P.L. 90–468 (1976). If there is any doubt as to whether the transfer was about uranium, consider that the law was amended in 1978—in the face of considerable protest by the traditionals—to allow the Oglalas to recover surface use rights any time they decided by referendum to do so. Subsurface (mineral) rights, however, were permanently retained by the government. Actually, the whole charade was illegal inso far as the still-binding 1868 Fort Laramie Treaty requires three-fourths express consent of all adult male Lakotas to validate land transfers, not land recoveries. Such consent, obviously, was never obtained with respect to the Gunnery Range transfer; see Huber, et al., Gunnery Range Report.
115. The congressional missive read: “Attached is a letter from the Senate Select Committee (SSC), dated 6–23–75, addressed to [U.S. Attorney General] Edward S.Levi. This letter announces the SSC's intent to conduct interviews relating…to our investigation at ‘Wounded Knee’ and our investigation of the American Indian Movement… On 6–27–75, Patrick Shae, staff member of the SSC, requested we hold in abeyance any action…in view of the killing of the Agents at Pine Ridge, South Dakota.”
116. The selection of those charged seems to have served a dual purpose: 1) to “decapitate” one of AIM's best and most cohesive security groups, and 2) in not charging participants from Pine Ridge, to divide the locals from their sources of outside support. The window dressing charges against Jimmy Eagle were explicitly dropped in order to “place the full prosecutorial weight of the government on Leonard Peltier”; quoted in Jim Messerschmidt, The Trial of Leonard Peltier (Boston: South End Press, 1984) p. 47.
117. Butler was apprehended at Crow Dog's Paradise during the FBI's massive air assault there on Sept. 5, 1975. Robideau was arrested in a hospital where he was being treated for injuries sustained when his car exploded on the Kansas Turnpike on Sept. 10; Agents, pp. 448–49.
118. Acting on an informant's tip, the Oregon State Police stopped a car and a motor home belonging to the actor Marlon Brando near the town of Ontario on the night of November 14, 1975. Arrested in the motor home were Kamook Banks and Anna Mae Pictou Aquash, a fugitive on minor charges in South Dakota; arrested in the automobile were AIM members Russell Redner and Kenneth Loudhawk. Two men—Dennis Banks, a fugitive from sentencing after being convicted of inciting the 1972 Custer Courthouse “riot” in South Dakota, and Leonard Peltier, a fugitive on several warrants, including one for murder in the deaths of Williams and Coler—escaped from the motor home. Peltier was wounded in the process. On Feb. 6, 1976, acting on another informant's tip, the Royal Canadian Mounted Police arrested Peltier, Frank Black Horse (a.k.a., Frank DeLuca) and Ronald Blackman (a.k.a., Ron Janvier) at Smallboy's Camp, about 160 miles east of Edmonton, Alberta; Matthiessen, Spirit, pp. 249–51, 272–78. On the outcome for Dennis Banks and the others, see my “Due Process Be Damned: The Case of the Portland Four,” Z Magazine, Jan. 1988.
119. Poor Bear, a clinically unbalanced Oglala, was picked up for “routine questioning” by agents David Price and Ron Wood in February 1976 and then held incommunicado for nearly two months in the Hacienda Motel, in Gordon, Nebraska. During this time she was continuously threatened with dire consequences by the agents unless she “cooperated” with their “investigation” into the deaths of Coler and Williams. At some point, Price began to type up for her signature affidavits that incriminated Leonard Peltier. Ultimately, she signed three mutually exclusive “accounts”; one of them—in which Peltier is said to have been her boyfriend, and to have confessed to her one night in a Nebraska bar that he’d killed the agents—was submitted in Canadian court to obtain Peltier's extradition on June 18, 1976. Meanwhile, on March 29, Price caused Poor Bear take on the stand against Richard Marshall in Rapid City, during the OSCRO/AIM member's state trial for killing Martin Montileaux. She testified that she was Marshall's girl friend and that he had confessed the murder to her one night in a Nebraska bar. Marshall was then convicted. Federal prosecutors declined to introduce Poor Bear as a witness at either the Butler/Robideau or Peltier trials, observing that her testimony was “worthless” due to her mental condition. She has publicly and repeatedly recanted her testimony against both Peltier and Marshall, saying she never met either of them in her life. For years, members of the Canadian parliament have been demanding Peltier's return to their jurisdiction due to the deliberate perpetration of fraud by U.S. authorities in his extradition proceeding, and attempting to block renewal of the U.S.-Canadian Extradition Treaty because of the U.S. failure to comply. The Poor Bear affidavits are reproduced in COINTELPRO Papers, pp. 288–91. On her testimony against Marshall and recantations, see Agents, pp. 339–42. On the position of the Canadian Parliament, see, e.g., “External Affairs: Canada-U.S. Extradition Treaty—Case of Leonard Peltier, Statement of Mr. James Ful ton,” in House of Commons Debate, Canada, Vol. 128, No. 129 (Ottawa: 1st Sess., 33rd Par., Off. Rept., Thurs., Apr. 17, 1986).
120. The disinformation campaign centered in the Bureau's “leaks” of the so-called “Dog Soldier Teletypes” on June 21 and 22, 1976—in the midst of the Butler/Robideau trial—to “friendly media representatives.” The documents, which were never in any way substantiated but were nonetheless sensationally reported across the country, asserted that 2,000 AIM “Dog Soldiers,” acting in concert with SDS (a long-defunct white radical group) and the Crusade for Justice (a militant Chicano organization), had equipped themselves with illegal weapons and explosives and were preparing to embark on a campaign of terrorism which included “killing a cop a day…sniping at tourists…burning out farmers…assassinating the Governor of South Dakota…blowing up the Fort Randall Dam” and breaking people out of the maximum security prison at Sioux Falls. The second teletype is reproduced in COINTELPRO Papers, pp. 277–82.
121. Defense attorney William Kunstler queried Kelley as to whether there was “one shred, one scintilla of evidence” to support the allegations made by the FBI in the Dog Soldier Teletypes. Kelley replied, “I know of none.” Nonetheless the FBI continued to feature AIM prominently in its Domestic Terrorist Digest, distributed free of charge to state and local police departments across the country; COINTELPRO Papers, p. 276.
122. The initial round striking both Coler and Williams was a .44 magnum. Bob Robideau testified that he was the only AIM member using a .44 magnum during the firefight; Robideau interview, Nov. 1993 (tape on file).
123. Videotaped NBC interview with Robert Bolin, 1990 (raw tape on file).
124. FBI personnel in attendance at this confab were Director Kelley and Richard G.Held, by then promoted to the rank of Assistant Director, James B.Adams, Richard J.Gallagher, John C.Gordon, and Herbert H.Hawkins, Jr. Representing the Justice Department were prosecutor Evan Hultman and his boss, William B.Grey; memo from B.H.Cooke to Richard J.Gallagher, Aug. 10, 1976.
125. McManus professes to have been “astonished” when he was removed from the Peltier case; Matthiessen, Spirit, p. 566.
126. U.S. v. Leonard Peltier, (CR-75–5106–1, U.S. Dist. Ct., Dist. of North Dakota (1977)); hereinafter referred to as Peltier Trial Transcript.
127. Butler and Robideau were tried on the premise that they were pan of conspiracy which led to a group slaying of Williams and Coler. Peltier was tried as the “lone gunman” who had caused their deaths. Similarly, at Cedar Rapids, agent J.Gary Adams had testified the dead agents followed a red pickup onto the Jumping Bull property; during the Fargo trial, he testified they’d followed a “red and white van” belonging to Peltier. The defense was prevented by the judge's evidentiary ruling at the outset from impeaching such testimony on the basis of its contradiction of sworn testimony already entered against Butler and Robideau; see Peltier Trial Transcript and U.S. v. Darrelle E.Butler and Robert E.Robideau, (CR76–11, U.S. Dist. Ct., Dist. of Iowa (1976)), for purposes of comparison; the matter is well analyzed in Messerschmidt, Trial.
128. No slugs were recovered from Williams’ and Coler's bodies, and two separate autopsies were inconclusive in determining the exact type of weapon from which the fatal shots were fired. The key piece of evidence in this respect was a .223 caliber shell casing which the FBI said was ejected from the killer's AR-15 rifle into the open trunk of Coler's car at the moment he fired one of the lethal rounds. The Bureau also claimed its ballistics investigation proved only one such weapon was used by AIM during the firefight. Ipso facto, whichever AIM member could be shown to have used an AR-15 on June 26, 1975, would be the guilty party. The problem is that the cartridge casing was not found in Coler's trunk when agents initially went over the car with finetooth combs. Instead, it was supposedly found later, on one of two different days, by one of two different agents, and turned over to someone whose identity neither could quite recall, somewhere on the reservation. How the casing got from whoever and wherever to the FBI crime lab in Washington, D.C., is, of course, equally mysterious. This is what was used to establish the “murder weapon”; Peltier Trial Transcript, pp. 2114, 3012–13, 3137–38, 3235, 3342, 3388.
129. Agent Frank Coward, who did not testify to this effect against Butler and Robideau, claimed at the Fargo trial that shortly after the estimated time of Coler's and Williams’ deaths, he observed Leonard Peltier, whom he conceded he’d never seen before, running away from their cars and carrying an AR-15 rifle. This sighting was supposedly made through a 7x rifle scope at a distance of 800 meters (a half mile) through severe atmospheric heat shimmers while Peltier was moving at an oblique angle to the observer. Defense tests demonstrated that any such identification was impossible, even among friends standing full-face and under perfect weather conditions. In any event, this is what was used to tie Peltier to the “murder weapon”; Peltier Trial Transcript, p. 1305.
130. Seventeen-year-old Wish Draper, for instance, was strapped to a chair at the police station at Window Rock, Arizona, while being “interrogated” by FBI agents Charles Stapleton and James Doyle; he thereupon agreed to “cooperate” by testifying against Peltier; Peltier Trial Transcript, pp. 1087–98. Seventeen-year-old Norman Brown was told by agents J.Gary Adams and O.Victor Harvey during their interrogation of him that he’d “never walk this earth again” unless he testified in the manner they desired; Peltier Trial Transcript, pp. 4799– 4804, 4842–43. Fifteen-year-old Mike Anderson was also interrogated by Adams and Harvey. In this case, they offered both the carrot and the stick: to get pending charges dismissed against him if he testified as instructed, and to “beat the living shit” out of him if he didn’t; Peltier Trial Transcript, pp. 840–42. All three young men acknowledged under defense cross examination that they’d lied under oath at the request of the FBI and federal prosecutors.
131. Crooks’ speech is worth quoting in part: “Apparently Special Agent Williams was killed first. He was shot in the face and hand by a bullet…probably begging for his life, and he was shot. The back of his head was blown off by a high powered rifle… Leonard Peltier then turned, as the evidence indicates, to Jack Coler lying on the ground helpless. He shoots him in the top of the head. Apparently feeling he hadn’t done a good enough job, he shoots him again through the jaw, and his face explodes. No shell comes out, just explodes. The whole bottom of his chin is blown out by the force of the concussion. Blood splattered against the side of the car”; Peltier Trial Transcript, p. 5011.
132. Peltier's being sent directly to Marlon contravenes federal Bureau of Prisons regulations restricting placement in that facility to “incorrigibles” who have “a record of unmanageability in more normal penal settings.” Leonard Peltier had no prior convictions and therefore no record, unmanageable or otherwise, of behavior in penal settings.
133. U.S. v. Peltier, 858 F.2d 314, 335 (8th Cir. 1978).
134. U.S. v. Peltier, 440 U.S. 945, cert. denied (1979).
135. Another 6,000-odd pages of FBI file material on Peltier are still being withheld on the basis of “National Security.”
136. At trial FBI ballistics expert Evan Hodge testified that the actual AR-15 had been recovered from Bob Robideau's burned out car along the Wichita Turnpike in Sept. 1975. The weapon was so badly damaged by the fire, Hodge said, that it had been impossible to perform a match-comparison of firing pin tool marks by which to link it to the cartridge casing supposedly found in the trunk of Coler's car. However, by removing the bolt mechanism from the damaged weapon and putting it in an undamaged rifle, he claimed, it had been possible to perform a rather less conclusive match-comparison of extractor tool marks, with which to tie the Wichita AR-15 to the Coler Car Casing. Among the documents released under provision of the FOIA in 1981 was an Oct. 2, 1975, teletype written by Hodge stating that he had in fact performed a firing pin test using the Wichita AR-15, and that it failed to produce a match to the crucial casing; United States v. Peltier, Motion to Vacate Judgment and for a New Trial, (Crim. No. CR-3003, U.S. Dist. Ct., Dist. of North Dakota, (filed Dec. 15, 1982)). For the Eighth Circuit Courts decision to allow the appeal to proceed, despite Judge Benson's rejection of the preceding motion, see U.S. v. Peltier, (731 F.2d 550, 555 (8th Cir. 1984)).
137. During the evidentiary hearing on Peltier's second appeal, conducted in Bismarck, North Dakota, during late October 1984, it began to emerge that AIM members had used—and the FBI had known they had used—not one but several AR-15s during the Oglala Firefight. This stood to destroy the “single AR-15” theory used to convict Peltier at trial. Moreover, the evidentiary chain con cerning the Coler Car Casing was brought into question. In an effort to salvage the situation, Bureau ballistics chief Evan Hodge took the stand to testify that he, and he alone, had handled ballistics materials related to the Peltier case. Appeal attorney William Kunstler then queried him concerning margin notes on the ballistics reports which were not his own. At that point, he retracted, admitting that lab assistant Joseph Twardowski had also handled the evidence and worked on the reports. Kunstler asked whether Hodge was sure that only he and Twardowski had had access to the materials and conclusions adduced from them. Hodge responded emphatically in the affirmative. Kunstler then pointed to yet another handwriting in the report margins and demanded a formal inquiry by the court. Two hours later, a deflated Hodge was allowed by Judge Benson to return to the stand and admit he’d “mispoken” once again; he really had no idea who had handled the evidence, adding or subtracting pieces at will.
138. U.S. v. Peltier, CR-3003, “Transcript of Oral Arguments Before the U.S. Eighth Circuit Court of Appeals, St. Louis, Mo., Oct. 15, 1985,” p. 19.
139. Ibid., p. 18.
140. U.S. Eighth Circuit Court of Appeals, “Appeal from the United States District of North Dakota in the Matter of United States v. Leonard Peltier” (Crim. No. 85–5192, St. Louis, Mo., (Oct. 11, 1986)).
141. Ibid., p. 16.
142. The high court declined review despite the fact that the Eighth Circuit decision had created a question—deriving from a Supreme Court opinion rendered in U.S. v. Bagley (U.S. 105 S. Ct. 3375 (1985))—of what standard of doubt must be met before an appeals court is bound to remand a case to trial. The Eighth Circuit had formally concluded that while the Peltier jury might “possibly” have reached a different verdict had the appeals evidence been presented to it, it was necessary under Bagley guidelines that the jury would “probably” have rendered a different verdict before remand was appropriate. Even this ludicrously labored reasoning collapses upon itself when it is considered that, in a slightly earlier case, the Ninth Circuit had remanded on the basis that the verdict might possibly have been different. It is in large part to resolve just such questions of equal treatment before the law that the Supreme Court theoretically exists. Yet it flatly refused to do its job when it came to being involved in the Peltier case; see my “Leonard Peltier: The Ordeal Continues,” Z Magazine, Mar. 1988.
143. Once again, the Supreme Court has declined to review the matter.
144. Jennifer Hoyt, “FBI agents protest clemency request: Clinton considers Peltier case,” Houston Chronicle, Dec. 16, 2000; Chet Brokaw, “S.D. governor fought pardon for Peltier: Janklow takes credit for failure of clemency push,” Denver Post, Feb. 3, 2001; Shannon Sorenson, “Clinton's Pardons Should Have Included Peltier,” South Florida Sun-Sentinel, Mar. 17, 2001.
145. Holder moved into secondary education, and works for Indian control of their schools in Kansas and Oklahoma. Others, such as Wilma Mankiller, Ted Means, and Twila Martin, have moved into more mainstream venues of tribal politics. Still others, like Phyllis Young and Madonna (Gilbert) Thunderhawk have gone in the direction of environmentalism.
146. Examples include Jimmie Durham and John Arbuckle, both of whom now pursue—in dramatically different ways—careers in the arts.
147. Actually, this began very early on, as when AIM National President Carter Camp shot founder Clyde Bellecourt in the stomach in 1974 over a factional dispute instigated by Bellecourt's brother, Vernon. In the ensuing turmoil, Russell Means openly resigned from AIM, but was quickly reinstated; see Matthiessen, Spirit, pp. 85–86.
148. Banks was granted sanctuary by California Governor Jerry Brown in 1977, because of such campaign statements by South Dakota Attorney General William Janklow as “the way to deal with AIM leaders is a bullet in the head” and that, if elected, he would “put AIM leaders either in our jails or under them.” An enraged Janklow responded by threatening to arrange early parole for a number of South Dakota's worst felons on condition they accept immediate deportation to California. During his time of “refugee status” Banks served as chancellor of the AIM-initiated D-Q University, near Sacramento; Rapid City Journal, Apr. 7, 1981.
149. Rebecca L.Robbins, “American Indian Self-Determination: Comparative Analysis and Rhetorical Criticism,” Issues in Radical Therapy/New Studies on the Left, Vol. XIII, Nos. 3–4, Summer-Fall 1988.
150. An intended offshoot of the Peltier Defense Committee, designed to expose the identity of whoever had murdered AIM activist Anna Mae Pictou Aquash in execution style on Pine Ridge sometime in Feb. 1976 (at the onset, it was expected this would be members of Wilsons GOONs), quickly collapsed when it became apparent that AIM itself might be involved. It turned out that self-proclaimed AIM National Officer Vernon Bellecourt had directed security personnel during the 1975 AIM General Membership Meeting to interrogate Aquash as a possible FBI informant. They were, he said, to “bury her where she stands” if unsatisfied with her answers. The security team, composed of Northwest AIM members, did not act upon this instruction, instead incorporating Aquash into their own group. The Northwest AIM Group was rapidly decimated after the Oglala Firefight, however, and Aquash was left unprotected. It is instructive that, once her body turned up near Wanblee, Bellecourt was the prime mover in quashing an internal investigation of her death. For general background, see Johanna Brand, The Life and Death of Anna Mae Aquash (Toronto: James Lorimer, 1978).
151. Killed were Trudell's wife, Tina Manning, their three children—Ricarda Star (age five), Sunshine Karma (age three), and Eli Changing Sun (age one)—and Tina's mother, Leah Hicks Manning. They were burned to death as they slept in the Trudell's trailer home; the blaze occurred less than twelve hours after Trudell delivered a speech in front of FBI headquarters during which he burned an American flag; although there was ample reason to suspect arson, no police or FBI investigation ensued; Agents, pp. 361–64.
152. Personal conversation with the author, 1979.
153. None of this is to say that LPDC did not continue. It did, even while failing to fulfill many of the wider objectives set forth by its founders. In terms of service to Peltier himself, aside from maintaining an ongoing legal appeals effort, the LPDC is largely responsible for the generation of more than 14 million petition signatures worldwide, all of them calling for his retrial. It has also been instrumental in bringing about several television documentaries, official inquiries into his situation by several foreign governments, an investigation by Amnesty International, and Peltier's receipt of a 1986 human rights award from the government of Spain. Bill Clinton nonetheless failed to bestow clemency before leaving office.
154. Keystone to Survival (Rapid City, SD: Black Hills Alliance, 1981).
155. See “Breach of Trust,” herein.
156. On the occupation, see my “Yellow Thunder Tiospaye: Misadventure or Watershed Action?” Policy Perspectives, Vol. 2, No. 2, Spring 1982.
157. See the section on the Black Hills Land Claim in “The Earth Is Our Mother,” herein.
158. Lyng v. Northwest Indian Cemetery Protection Association (485 U.S. 439 (1988)).
159. See the essay entitled “Genocide in Arizona: The ‘Navajo-Hopi Land Dispute’ in Perspective,” in my Struggle for the Land: Native North American Resistance to Genocide, Ecocide and Colonization (Winnipeg: Arbeiter Ring, [2nd ed.] 1999) pp. 135–72.
160. See the section on the Western Shoshone Land Claim in “The Earth Is Our Mother,” pp. 96– 106, herein.
161. On the early days of IITC, see the chapter entitled “The Fourth World,” in Weyler, Blood., pp. 212–50.
162. On Durham's recent activities, see his A Certain Lack of Coherence: Writings on Art and Cultural Politics (London: Kala Press, 1993).
163. See generally, my and Glenn T.Morris’ “Between a Rock and a Hard Place: Left-Wing Revolution, Right-Wing Reaction, and the Destruction of Indigenous Peoples,” Cultural Survival Quarterly, Vol. 11, No. 3, Fall 1988.
164. Colorado, Dakota, Eastern Oklahoma, Florida, Illinois, Maryland, Mid-Atlantic (LISN), Northern California, New Mexico (Albuquerque), Northwest, Ohio, Southeast (Atlanta), Southern California, Texas, Western Oklahoma, Wraps His Tail (Crow). These organized themselves as the Confederation of Autonomous AIM Chapters at a national conference in Edgewood, New Mexico, on Dec. 17, 1993.
165. Means with Wolf, White Men Fear, p. 520. Also see “Confronting Columbus Day,” herein.
166. Incorporation documents and attachments on file. The documents of incorporation are signed by Vernon Bellecourt, who is listed as a Central Committee member; the address listed for annual membership meetings is Bellecourt's residence. Other officers listed in the documents are Clyde Bellecourt, Dennis Banks, Herb Powless, John Trudell, Bill Means, Carole Standing Elk, and Sam Dry Water. Trudell, Banks, and Means maintain that they were neither informed of the incorporation nor agreed to be officers.
167. Expulsion letter and associated documents on file. Bill Means states that he was asked, but refused to sign the letter.
168. Statement during a talk at the annual Medicine Ways Conference, University of California at Riverside, May 1991.
169. Statement during a talk at the University of Colorado at Denver, Feb. 1988 (tape on file).
170. This assessment, of course, runs entirely counter to those of pro-Wilson publicists such as syndicated columnist Tim Giago—supported as he is by a variety of powerful nonindian interests—who has made it a mission in life to discredit and degrade the legacy of AIM through continuous doses of disinformation. Consider, as one example, his eulogy to Dickie Wilson—in which he denounced careful chroniclers of the Pine Ridge terror such as Onondaga faithkeeper Oren Lyons and Peter Matthiessen, described the victims of Wilsons GOONs as “violent” and “criminal,” and embraced Wilson himself as a “friend”—in the Feb. 13, 1990, edition of Lakota Times. In a more recent editorial, Giago announced that his research indicates that “only 10” people were actually killed by Wilsons gun thugs on Pine Ridge during the mid-70s although the FBI itself concedes more than 40 such fatalities. Then, rather than professing horror that his “friend” might have been responsible for even his revised number of murders, Giago uses this faulty revelation to suggest that the Wilson régime really wasn’t so bad after all, especially when compared to AIM's “violence” and irreverence for “law and order.”
171. A good effort to render several of these lessons will be found in Glick, War at Home.
172. For superb analysis of this point, see Isaac Balbus, The Dialectic of Legal Repression (New York: Russell Sage Foundation, 1973).
173. A fine survey of the conditions prevailing in each of these sectors will be found in Teresa L. Amott and Julie A.Matthaei, Race, Gender and Work: A Multicultural Economic History of the United States (Boston: South End Press, 1991).
174. For details and analysis, see my and J.J.Vander Wall's edited volume, Cages of Steel: The Politics of Imprisonment in the United States (Washington, D.C.: Maisonneuve Press, 1992).
175. For a survey of the repression visited upon most of these groups, see COINTELPRO Papers.
176. For biographical information concerning those mentioned who are currently imprisoned by the United States, see Cant Jail the Spirit: Political Prisoners in the United States (Chicago: Committee to End the Marlon Lockdown, [5th ed.] 2002).
1. Elizabeth Weatherford and Emelia Seubert, Native Americans in Film and Video, 2 vols. (New York: Museum of the American Indian, 1981, 1988). Also see the excellent 830-title filmography in Michael Hilger's The American Indian in Film (Metuchen, NJ: Scarecrow Press, 1986).
2. A number of works analyze this connection. Two of the better efforts are Hugh Honour's The New Golden Land: European Images of America from the Discoveries to the Present Time (New York: Pantheon, 1975) and Raymond F.Stedman's Shadows of the Indian: Stereotypes in American Culture (Norman: University of Oklahoma Press, 1982).
3. For exploration of this point in a number of facets, see Lester D. Freidman, ed., Unspeakable Images: Ethnicity and the American Cinema (Urbana: University of Illinois Press, 1991).
4. Most comprehensively, see Allen L.Wald and Randall H.Miller, Ethics and Racial Images in American Film and Television: Historical Essays and Bibliography (New York: Garland, 1987). On African Americans in particular, see Donald Bogel's Toms, Coons, Mulattoes, Mammies, and Bucks: An Interpretive History of Blacks in American Films (New York: Viking, 1973) and Thomas Cripps’ Making Movies Black: The Hollywood Message Movie from World War II to the Civil Rights Era (New York: Oxford University Press, 1993). On Latinos, see George Hadley-Garcia, Hispanic Hollywood: The Latins in Motion Pictures (New York: Carol Publishing-Citadel Books, 1993). On Asian Americans, see Jun Xing, Asian America Through the Lens: History, Representations and Reality (Walnut Creek, CA: AltaMira Press, 1998).
5. For a brilliant exposition on precisely this point, see Peter Biskind, Seeing Is Believing: How Hollywood Taught Us to Stop Worrying and Love the Fifties (New York: Pantheon, 1983).
6. Weatherford and Seubert, Native Americans in Film and Video, Vol. 2.
7. A poignant reflection on the ramifications of this situation will be found in Patricia Penn Hilden's When Nickels Were Indians: An Urban Mixed-Blood Story (Washington, D.C.: Smithsonian Institution Press, 1995).
8. Ralph Andrist, The Long Death: The Last Days of the Plains Indian (New York: Macmillan, 1964).
9. Such treatment is hardly reserved for Indians nor restricted to film. Rather, it is how the “West” has increasingly tended to treat all “Others” since medieval times. See Eric R.Wolf, Europe and the People Without History (Berkeley: University of California Press, 1982).
10. The case could of course be made that events transpiring 2–3,000 years ago in Egypt and the Near East have little or nothing to do with the heritage of Europe, which remained as yet uninvented. The point is, however, that in synthesizing itself Europe claimed these events as antecedents to its own tradition. Additionally, films such as Cleopatra do not devolve upon Egyptians so much as upon Roman interactions with Egyptians, and the Romans, to be sure, were antecedent Europeans. Thus, one might observe that Hollywood's handling of ancient Egypt is essentially the same as its handling of Indians: The people or culture involved has interest/meaning only insofar as Europeans are present to inject it. On the creation of what has become known as Europe, circa 800 C.E.; see Philippe Wolff, The Awakening of Europe: The Growth of European Culture from the Ninth Century to the Twelfth (New York: Penguin, 1968); Richard Hodges and David Whitehouse, Mohammed, Charlemagne and the Origins of Europe (Ithaca, NY: Cornell University Press, 1983).
11. Alan Axelrod, Chronicles of the Indian Wars from Colonial Times to Wounded Knee (New York: Prentice-Hall, 1993).
12. The Abbott and Costello flick was originally scheduled to be titled No Indians Please; Rennard Strickland, “Tonto's Revenge, or, Who Is That Seminole in the Sioux Warbonnet? The Cinematic Indian!” in his Tonto's Revenge: Reflections on American Indian Culture and Policy (Albuquerque: University of New Mexico Press, 1997) p. 29.
13. Ibid. The list presented here does not include several gambits by the Three Stooges. Also see Karen Wallace, “The Redskin and The Paleface: Comedy on the Frontier,” in Daniel Bernardi, ed., Classic Hollywood, Classic Whiteness (Minneapolis: University of Minnesota Press, 2001) pp. 111–38.
14. Daniel Francis, The Imaginary Indian: The Image of the Indian in Canadian Culture (Vancouver, B.C.: Arsenal Pulp Press, 1992) p. 59.
15. Bill Holm and George Irving Quimby, Edward S.Curtis in the Land of the War Canoes: A Pioneer Cinematographer in the Pacific Northwest (Seattle: University of Washington Press, 1980); Ann Fienup-Riordan, Freeze Frame: Alaskan Eskimos in the Movies (Seattle: University of Washington Press, 1995). It should be noted that films such as Nanook and Land of the Headhunters dovetailed perfectly with the literary sensibility of the day. See, e.g., B.O.Flower, “An Interesting Representative of a Vanishing Race,” Arena, July 1896; Simon Pokagon, “The Future of the Red Man,” Forum, Aug. 1897; William R.Draper, “The Last of the Red Race,” Cosmopolitan, Jan. 1902; Charles M.Harvey, “The Last Race Rally of Indians,” World's Work, May 1904; E.S.Curtis, “Vanishing Indian Types: The Tribes of the Northwest Plains,” Scribner's, June 1906; James Mooney, “The Passing of the Indian,” Proceedings of the Second Pan American Scientific Congress, Sec. 1: Anthropology (Washington, D.C.: Smithsonian Institution, 1909–1910); Joseph K.Dixon, The Vanishing Race: The Last Great Indian Council (Garden City, NY: Doubleday, 1913); Stanton Elliot, “The End of the Trail,” Overland Monthly, July 1915; Ella Higginson, “The Vanishing Race,” Red Man, Feb. 1916; Ales Hrdlicka, “The Vanishing Indian,” Science, No. 46, 1917; J.L.Hill, The Passing of the Indian and the Buffalo (Long Beach, CA: n.p., 1917); John Collier, “The Vanishing American,” Nation, Jan. 11, 1928. Overall, see Brian W.Dippie, The Vanishing American: White Attitudes and U.S. Indian Policy (Middletown, CT: Wesleyan University Press, 1982); Christopher M.Lyman, The Vanishing Race and Other Illusions (New York: Pantheon, 1982).
16. Jimmie Durham, “Cowboys and…” in his A Certain Lack of Coherence: Writings on Art and Cultural Politics (London: Kala Press, 1993) p. 176. The descriptive phrase used is taken from S.L.A. Marshall's Crimsoned Prairie (New York: Scribner's, 1972).
17. Flap is based on a novel by Claire Hussaker entitled Nobody Loves a Drunken Indian (1993 Buccaneer reprint of 1964 original). For its part, Powwow Highway is based upon a self-published novel of the same title written by an alleged Abenaki named David Seals and widely condemned by the native community as, at best, a travesty. While it does have the distinction of being one of the few movies that is far better than the book from which it originates—see, e.g., George Bluestone, Novels Into Film: The Metamorphosis of Fiction Into Film (Berkeley: University of California Press, [2nd ed.] 1973)—even a fine performance by Oneida actor Gary Farmer is insufficient to save it from being a waste of resources which might have been more usefully devoted to a worthy project.
18. It seems not to have occurred to Hollywood that the West also includes the Intermountain Desert of Utah/Nevada as well as the Great Basin of Idaho and eastern Washington/ Oregon, and that peoples like the Utes, Paiutes, Shoshones, Bannocks, and others were always available for depiction, even within movieland's self-imposed spatial/temporal constraints. The explanation for this, of course, rests in the relative absence of Indian/white warfare in these areas. Indeed, the only significant exception to the subregional blackout comes with I Will Fight No More Forever (1979), a television tragedy focusing on the 1877 attempt by Idaho's Nez Percés to escape into Canada after fighting a brief defensive action against an overwhelming number of U.S. troops; Merril D.Beal, “I Will Fight No More Forever”: Chief Joseph and the Nez Percé War (Seattle: University of Washington Press, 1963).
19. It is unclear exactly what geocultural disposition is supposed to be occupied by the Indians portrayed in “mountain man” films like Yellowstone Kelly (1959) and Jeremiah Johnson (1972). Apparently, they are consider to be of the “Plains type,” or close enough to be treated as such.
20. In their thematic listing of major film releases through 1970, Ralph and Natasha Friar show a total of sixteen films focusing on Navajos, eight on Hopis, one on Zunis, eight on other Pueblos, one on the Yumas and none at all on Maricopas or Cocopahs. The Pimas are represented to some extent by a filmic biography of Marine war hero Ira Hayes; The Only Good Indian… The Hollywood Gospel (New York: Drama Books, 1972) pp. 317–19.
21. The Friars list 122 major films focusing specifically on Apaches, 100 on the Sioux; ibid., pp. 313–14. For more comprehensive listings reflecting more or less the same proportionality, see Weatherford and Seubert, Native Americans.
22. Wall and Miller, Ethics and Racial Images.
23. The first U.S. war against the Seminoles was waged in 1816–17 to “clear” Florida of its remaining native population. It was indecisive. A second was launched in 1835, but for “every two Seminoles who were sent West, one soldier died—1,500 in all. The war cost the federal government $20 million, and it ended in 1842 not through any victory on either side, but because the government simply stopped trying to flush out the remaining Seminoles who had hidden themselves deep in the Everglades.” A third war was fought with these remnants from 1855 to 1858, with even less conclusive results; Axelrod, Indian Wars, pp. 146–47. On the protracted and almost equally costly nature of U.S. campaigns against the western Apaches, see E.Leslie Reedstrom, The Apache Wars: An Illustrated Battle History (New York: Sterling, 1990).
24. See generally, Ronald L.Davis, John Ford: Hollywood's Old Master (Norman: University of Oklahoma Press, 1995).
25. The nominations were for Stagecoach (1939) and The Searchers (1956). The other Monument Valley films were My Darling Clementine (1946), Fort Apache (1949), She Wore a Yellow Ribbon (1949), Wagon Master (1950), and Cheyenne Autumn (1964); J.A.Place, The Western Films of John Ford (Secaucus, NJ: Citadel Press, 1974). It should be noted that Ford actually won four Academy awards for best picture or best director. These were for The Informer (1935), Grapes of Wrath (1940), How Green Was My Valley (1940), and The Quiet Man (1952); Davis, John Ford.
26. Vine Deloria, Jr., talk at the University of Colorado/Boulder, June 1982 (tape on file). For more on the geocultural distortions involved in Hollywood westerns, see John Tuska, The Filming of the West (Garden City, NY: Doubleday, 1976).
27. Virtually all of the serial westerns coming out of the studios the 1930s and ’40s were set in this fashion, among them the highly popular Gene Autry, Roy Rogers, Hopalong Cassidy, Lash Laroo, Sundown Carson, and Johnny Mac Brown movies. Among the top-rated weekly TV programs projecting the Plains to mass audiences in the same fashion during the 1950s and ’60s were Gunsmoke, Wagon Train, Wanted Dead or Alive, The Rebel, Cheyenne, Maverick, Rawhide, and Have Gun, Will Travel See C.L.Sonnischen, From Hopalong to Hud: Thoughts on Western Fiction (College Station: Texas A&M Press, 1978); Phil Hardy, The Western: A Complete Film Sourcebook (New York: William Morrow, 1986); Michael R.Pitts, Western Movies: A TV and Video Guide to 4200 Genre Films (Jefferson, NC: McFarland, 1986).
28. Strickland, “Tonto's Revenge,” p. 20.
29. Ibid. In a weird kind of turnabout, albeit a very early one, the high plains-dwelling Lakotas are shown picking their way through a malaria-ridden subtropical swamp in Ogallalah (1912).
30. The Friars list another eight films on Seminoles as having been made between 1906 and 1911; one, Ramshackle House, in 1924; none in the thirties or forties; and one, Johnny Tiger, in 1966. None have been made since. The total number of films centering on Seminoles stands at fifteen; Friar and Friar, Only Good Indian… , p. 316. The count is not contradicted by information in either Weatherford's and Seubert's Native Americans, Wall and Miller's Ethics and Racial Images, or Hilger's American Indian in Film.
31. For more on Washburn, see my “Friends of the Indian? A Critical Assessment of Imre Sutton's Irredeemable America: The Indians’ Estate and Land Claims,” New Studies on the Left, Vol. XIII, Nos. 3–4, 1988.
32. George Catlin, Letters and Notes on the Manners, Customs and Conditions of the North American Indians (New York: Dover, 1973 reprint of 1844 original). In fairness, Curtis used exactly the same technique as Silverstein, carrying with him a trunk full of “typical Indian garb” in which to dress many of the subjects of his renowned turn-of-the-century photoportraiture; Holm and Quimby, Edward S.Curtis. For examples of the portraiture, see Edward S.Curtis, Photos of North American Indian Life (New York: Promontory Press, 1972).
33. See generally, Richard Erdoes, The Sun Dance People: The Plains Indians, Their Past and Present (New York: Vintage, 1962).
34. Catlin, Letters and Notes.
35. Skinner's query dates from 1914; quoted in Strickland, “Tonto's Revenge,” p. 32.
36. Rogers, already having established himself as a popular syndicated columnist and radio commentator, was allowed to produce and star in three reasonably successful films directed by John Ford—Doctor Bull (1933), Judge Priest (1934), and Steamboat Around the Bend (1935)— before his untimely death in an airplane crash in the latter year; Davis, John Ford, p. 73.
37. Bunny McBride, Molly Spotted Elk: A Penobscot in Paris (Norman: University of Oklahoma Press, 1995) pp. 96–127.
38. It's not because none were available. James Young Deer, a Winnebago, directed several films, including the remarkable Yacqui Girl (1911), before setting out to make documentaries in France during World War I. Upon his return, he remained without assignment until the mid-30s when he was finally picked up as a second-unit director on “poverty row.” Similarly, Edwin Carewe, a Chicka saw, directed several noteworthy films, including The Trail of the Shadow (1917) and Ramona (1928), before being abruptly “disemployed” by the major studios. At about the same time Carewe was being pushed out of the industry, Lynn Riggs, a Cherokee, wrote a play entitled Green Grow the Lilacs. It served as the basis for Rodgers and Hammerstein's Oklahoma!, although its author never received the praise, career boost, and financial rewards bestowed so lavishly on her Euroamerican counterparts; Strickland, “Tonto's Revenge,” pp. 33–34. Also see Phyllis Cole Braunlick, Haunted by Home: The Life and Letters of Lynn Riggs (Norman: University of Oklahoma Press, 1988).
39. The comment was made by Oneida comic Charley Hill during a game of chess at my home in 1982.
40. In his memoirs, native actor Iron Eyes Cody recounts how an aging Thorpe actually broke down and wept after being denied a chance to play his father in the film based on his own life; Iron Eyes: My Life as a Hollywood Indian (New York: Everest House, 1982) p. 154.
41. At pages 281–83 of Only Good Indian…, the Friars provide a list of 350 white actors and actresses who’ve appeared in redface over the years. They do not, however, correlate the names to films or roles. An incomplete but nonetheless very useful resource in this connection is Roy Pickard's Who Played Who on the Screen (New York: Hipporene Books, 1988).
42. Ibid. For further analysis, see several of the essays included by Gretchen M.Bataille and Charles L.P.Silet in their coedited volume, The Pretend Indians: Images of American Indians in the Movies (Ames: Iowa State University Press, 1980), as well as Michael T.Marsden's and Jack Nachbar's “The Indian in the Movies,” in Wilcomb E.Washburn, ed., Handbook of the North American Indians, Vol. 4: History of Indian-White Relations (Washington, D.C.: Smithsonian Institution Press, 1988) pp. 607–16.
43. Damien Bona, Starring John Wayne as Genghis Khan: Hollywood's All-Time Worst Casting Blun-ders (Secaucus, NJ: Citadel Press, 1996) pp. 30–31.
44. Hill conversation.
45. Davis, John Ford, pp. 184, 212, 224–25, 240.
46. Hill conversation. It should be noted that where Indians were featured more prominently, as when Cherokee actor Victor Daniels (Chief Thunder Cloud) was cast in the mostly nonspeaking role of Geronimo in 1939, he was required to don makeup so that he would resemble more closely the appearance of the white actors audiences were used to seeing portray Indians.
47. Strickland, “Tonto's Revenge,” p. 28.
48. This articulation is often thought to derive from anthropology. Actually, it predates the “discipline” itself, comprising as it does the core rationalization for Europe's exercise of self-defined “conquest rights” elsewhere on the planet from about 1650 onward. Anthropology was subsequently invented for the explicit purpose of conjuring up pseudoscientific justifications for the whole enterprise. See generally, Sharon Korman, The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice (Oxford: Clarendon Press, 1996) pp. 56–66.
49. The real nature of the white/Cherokee relationship in the Southeast, and the true measure of Euroamerican “benevolence,” can be found in the fact that the Indians had been forcibly removed from their homeland during the 1830s and dumped on lands belonging to other native people west of the Mississippi. The whites of Georgia then took over the Cherokees’ rich agricultural complex; Gloria Jahoda, The Trail of Tears: The Story of the Indian Removals (New York: Holt, Rinehart and Winston, 1975).
50. Most accessibly, see Jack Weatherford, Indian Givers: How the Indians of the Americas Transformed the World (New York: Crown, 1988).
51. On the destruction of Seneca croplands in particular, see Frederick Cook, Journals of the Military Expedition of Major General John Sullivan against the Six Nations of Indians in 1779 (Auburn, NY: New York Historical Society, 1887). On “Mad Anthony” Wayne's destruction of Shawnee cornfields extending an estimated fifty miles along the Ohio River, see Richard Drinnon, Keeper of Concentration Camps: Dillon S.Myer and American Racism (Berkeley: University of California Press, 1987) p. 23. On the destruction of the Navajos’ extensive fields and orchards along the bottom of Canon de Chelly, see Clifford E.Trafzer, The Kit Carson Campaign: The Last Great Navajo War (Norman: University of Oklahoma Press, 1982).
52. This polarity and its implications were well explored by Roy Harvey Pierce in his seminal Savagism and Civilization: A Study of the American Indian in the American Mind (Baltimore: Johns Hopkins University Press, 1953), and again in The Savages of America: A Study of the Indian and the Idea of Civilization (Baltimore: Johns Hopkins University Press, 1965).
53. See, e.g., Jay P.Kinney, A Continent Lost—A Civilization Won: Indian Land Tenure in America (Baltimore: John Hopkins University Press, 1937).
54. The “controversy” about the size of North America's precolumbian population, and the lengths to which “responsible scholars” have gone to falsify evidence to support superficially plausible underestimates is well handled in the chapter entitled “Widowed Land” in Francis Jennings’ The Invasion of America: Indians, Colonialism and the Cant of Conquest (Chapel Hill: University of North Carolina Press, 1975). Suffice it here to say that twentieth century orthodoxy has decreed that the population of North America in 1492 numbered not more than a million, while the real figure was likely fifteen million or more.
55. Many of these are devoted to the reputedly “fierce” Mohawks and others of the Haudenosaunee, or Iroquois Six Nation Confederacy, as it is known. Examples include Fighting the Iroquois (1909), A Mohawk's Way (1910) and In the Days of the Six Nations (1911). A few later films—notably Drums Along the Mohawk (1939), The Iroquois Trail (1950), and Mohawk (1956)—were made following the same themes. Other significant exceptions to the rule include Northwest Passage (1940), The Battles of Chief Pontiac (1952), and The Light in the Forest (1958); Friar and Friar, Only Good Indian…, pp. 305–6.
56. The Deerslayer, for example, was first filmed in 1911, again in 1913, and then twice more, in 1943 and 1957. The Pathfinder was shot in 1911 and 1952. Leather Stocking appeared as a feature in 1909, before being serialized in 1924. The Last of the Mohicans, aside from its 1932 serialization, has appeared five times, in 1911, 1914, 1920, 1936, and 1992; ibid.
57. See the chapter entitled “‘Nits Make Lice’: The Extermination of North American Indians, 1607–1996,” in my A Little Matter of Genocide: Holocaust and Denial in the Americas, 1492 to the Present (San Francisco: City Lights, 1997) esp. pp. 209–45.
58. One is never allowed to see the “Other” early in such films, but is kept continuously aware that “it” is out there somewhere, lurking, just waiting for a chance to commit the unspeakable. The imagination takes over, conjuring a fear and loathing among viewers that no literal imagery ever could. Usually, when the monster or space alien (or Indian) actually appears on screen, the audience experiences a sense of collective relief since whatever is shown is seldom as horrifying as what they’ve created in their own minds; Carlos Clarens, An Illustrated History of Horror and Science Fiction Films: The Classic Era, 1895–1967 (New York: De Capo Press, 1997). One solution to the dilemma posed by such “emotional dissipation” was explored by director Sam Peckinpah in a 1961 episode of The Alaskans TV series (ABC; 1959–60), when he refused ever to reveal the beast which had terrified cast and viewers alike throughout the program; see generally, Paul Seydor, Peckinpah: The Western Films (Urbana: University of Illinois Press, 1980).
59. Friar and Friar, Only Good Indian…, p. 134.
60. Ibid.
61. Ibid., p. 215.
62. Stedman, Shadows, p. 116. The Indian as beast is a standard theme in American letters, analyzed very well by Richard Drinnon in his Facing West: The Metaphysics of Indian-Hating and Empire Building (Minneapolis: University of Minnesota Press, 1980). Mulligan's screenplay was based on Theodore V.Olson's The Stalking Moon (Garden City, NY: Doubleday, 1965).
63. Scalping and comparable forms of mutilation were actually primarily white practices, not Indian; see my “Nits Make Lice,” pp. 178–88. As to Indians “slaughtering” large numbers of people, it was officially estimated in the 1890 U.S. Census that fewer than 5,000 whites had been killed in all the Indian Wars combined. The rape of female captives is another case composed largely of transference; see my “The Crucible of American Indian Identity: Native Tradition versus Colonial Imposition in Postconquest North America,” American Indian Culture and Research Journal, Vol. 23, No. 1, 1999.
64. There are only a handful of incidents on record in which Indians attacked a wagon train in anything resembling the manner commonly shown in the movies, and none in which we engaged in an outright assault on a fort anywhere west of the Mississippi. In reality, the cases where large numbers of Indians attacked anything are few (the Fetterman Fight, Wagon Box Fight, Beecher's Island, Adobe Walls, and the Little Big Horn are exceptional); see Andrist, The Long Death.
65. For more on this cinematic atrocity, see John Tuska, The American West in Film: Critical Approaches to the Western (Lincoln: University of Nebraska Press, 1988) p. 206. It should be noted that much the same device, that of having a white man excel Indians at their own skills, is hardly uncommon. Witness the Hawkeye/Natty Bumppo/Nathaniel character of Last of the Mohicans and other Fenimore Cooper sagas, or Fess Parker's title characterization Davy Crockett: King of the Wild Frontier (1955). Or, for that matter, consider the characters portrayed by John Wayne in Hondo (1953) and Rory Calhoun in Apache Territory five years later (both films based on Louis L’Amour novels, published in 1953 and 1957, respectively).
66. Rennard Strickland quotes his colleague, Oklahoma City University Professor Carter Blue Clark, as recalling such an experience during a Saturday matinee in the heart of Sioux country during the 1950s (“Tonto's Revenge,” p. 18). I myself went through much the same thing at about the same time, albeit in a much more mixed-cultural setting, and have repeated the ordeal in several different localities since.
67. Quoted in Paul Andrew Hutton, Phil Sheridan and His Army (Lincoln: University of Nebraska Press, 1985) p. 180.
68. Scott Simmon, The Films of D.W.Griffith (Cambridge, U.K.: Cambridge University Press, 1993) p. 9.
69. Actually, six-shooters aren’t needed. In The Comancheros (1961), a little boy armed with a blunderbuss manages to down three Indians with his one shot. For context, see John G.Cawelti, The Six-Gun Mystique (Bowling Green, OH: Bowling Green University Popular Press, 1975); Will Wright, Sixguns and Society: A Structural Study of the Western (Berkeley: University of California Press, 1975).
70. For analyses of this erosion in popularity, see George N.Fenin and William K.Everson, The Western: From Silents to the Seventies (New York: Grossman, 1973); William T.Pilkington and Don Graham, eds., Western Movies (Albuquerque: University of New Mexico Press, 1979).
71. See generally, Pierre Berton, Hollywood's Canada (Toronto: McClelland and Stewart, 1975); A.L.Haydon, The Riders of the Plains: A Record of the Royal North-West Mounted Police of Canada, 1873–1910 (Toronto: Copp Clark, 1912); Gerald Friesen, The Canadian Prairies: A History (Toronto: University of Toronto Press, 1984).
72. On the Métis rebellions, and the NWMP's role—or, more appropriately, nonrole—in quelling them, see John Jennings, “The North West Mounted Police and Indian Policy after the 1885 Rebellion,” in F.Laurie Barron and James B.Waldron, eds., 1885 and After (Regina, Sask.: Canadian Plains Research Centre, 1986). On NWMP relations with the Lakota exiles, see Grant MacEwan, Sitting Bull: The Years in Canada (Edmonton, Alta.: Hurtig, 1973).
73. Francis, The Imaginary Indian, p. 80. Canadian filmmakers have done somewhat better with Mountie/Indian themes, as in the 1975 Dan Candy's Law.
74. Friar and Friar, Only Good Indian…, p. 188. On the Robinson Crusoe connection, see Stedman, Shadows, pp. 52–54, 179, 260. It should be noted that the Lone Ranger/Tonto duet appeared in a series of pulp novels beginning in 1936, and as a comic book series a year later. During the 1960s, they also formed the basis of a short-lived animated TV series.
75. Tonto was portrayed by two different Indians with virtually identical pseudonyms in the radio series and movie serials. Chief Thundercloud (Scott T.Williams) handled the airwave chores, while Chief Thunder Cloud (Victor Daniels) appeared on the silver screen. Daniels’ other credits include Ramona, the 1939 version of Geronimo and I Killed Geronimo (1950). The part in the TV series and 1950s films was handled by Mohawk actor Jay Silverheels, whose other credits include Broken Arrow, The Battle at Apache Pass and Walk the Proud Land (1956); Friar and Friar, Only Good Indian…, pp. 251–52.
76. Tonto was played in this instance by native actor Michael Horse, better known for his role in the 1980s David Lynch TV series Twin Peaks. Overall, see Lee J.Felbinger, The Lone Ranger: A Pictorial Scrapbook (Green Lane, PA: Countryside, 1988); James Van Hise, Who Was That Masked Man? The Story of the Lone Ranger (Las Vegas: Pioneer, 1990).
77. Rayna Green, The Only Good Indian: Images of the Indian in American Vernacular Culture (Bloomington: Ph.D. Dissertation, Indiana University, 1974) p. 382.
78. Francis, The Imaginary Indian, p. 167. If the formulation of Manifest Destiny sounds a bit Hitlerian, it should. The nazis modeled their lebensraumpolitik (politics of living space) directly on the example of the “Nordics of North America, who had ruthlessly pushed aside an inferior race to win for themselves soil and territory for the future”; Norman Rich, Hitler's War Aims: Ideology, the Nazi State, and the Course of Expansion (New York: W.W.Norton, 1973) p. 8. Also see Frank Parella, Lebensraum and Manifest Destiny: A Comparative Study in the Justification of Expansionism (Washington, D.C.: M.A. Thesis, Dept. of International Affairs, Georgetown University, 1950).
79. Robert S.Tilton, Pocahontas: The Evolution of an American Narrative (Cambridge, U.K.: Cambridge University Press, 1994) p. 56. On the notion of inherent racial inferiority bound up in the “Good Indian” stereotype, see Reginald Horsman, Race and Manifest Destiny: The Origins of American Racial Anglo-Saxonism (Cambridge, MA: Harvard University Press, 1981).
80. Fenin and Everson, for example, were still describing Broken Arrow as “a moving and sensitive film” a quarter-century later (The Western, p. 281). Analyst Robert Baird also continues to hold the movie in high regard, but then he is so knowledgeable on the subject that he continuously refers to the people depicted therein as “Cheyennes”; see his “Going Indian: Discovery, Adoption, and Renaming Toward a ‘True American,’ from Deerslayer to Dances with Wolves” in S.Elizabeth Bird, ed., Dressing in Feathers: The Construction of the Indian in American Popular Culture (Boulder, CO: Westview Press, 1996) p. 201.
81. For comparison of Hollywood's stock treatments of American Indians with the handling of East Indians it borrowed from the Kipling tradition, see, as examples, The Lost Patrol (1934), Lives of a Bengal Lancer (1935), and Gunga Din (1939). For background, see, J.McClure, Kipling and Conrad: The Colonial Fiction (Cambridge, MA: Cambridge University Press, 1981).
82. Chandler had played Cochise twice more by 1954, as the Indian lead in The Battle at Apache Pass, and in a cameo at the beginning of Taza, Son of Cochise. Interestingly, the TV series cast Michael Ansara, an actor of actual native descent, in the same role; Friar and Friar, Only Good Indian…, p. 203; Stedman, Shadows, p. 218.
83. This is in the sense that virtually all westerns are at base simple moral plays; Wright, Sixguns and Society, p. 3.
84. Stedman, Shadows, p. 209.
85. S.Elizabeth Bird, “Not My Fantasy: The Persistence of Indian Imagery in Dr. Quinn, Medicine Woman,” in her Dressing in Feathers, p. 249.
86. Stedman, Shadows, p. 211.
87. The main change-up in this drama was that Gable, as befitted his standing as a romantic lead, relied on a comely female played by Marie Elena Marques rather than a dignified male as his native counterpart; ibid., p. 29.
88. Friar and Friar, Only Good Indian…, pp. 303–4.
89. The Outlaw Josey Wales, it should be noted, was based on a book of the same title written by “Forrest Carter,” a purported part-Cherokee who turned out instead to be Asa Earl “Ace” Carter, a “Ku Klux Klan thug and virulent racist, author not only of western novels but also of anti-Semitic pamphlets and some of former Alabama governor George Wallace's strongest anti-Black speeches”; Francis, Imaginary Indian, p. 110. Small wonder that his depictions of Indians appeal to white sensibilities, so much so that, despite the truth of his background now being public information, another of his yarns, The Education of Little Tree, was made into a movie in 1997.
90. Annette M.Taylor, “Cultural Heritage in Northern Exposure,” in Bird, Dressing in Feathers, p. 231.
91. The resemblance of the Nakia Indian character—it should actually be spelled Nakai—to that of Jim Chee in the novels of Tony Hillerman goes unremarked by Taylor; see the essay entitled “HiHo Hillerman…(Away): The Role of Detective Fiction in Indian Country,” in my Fantasies of the Master Race: Literature, Cinema and the Colonization of American Indians (San Francisco: City Lights, [2nd ed.] 1998) pp. 67–98.
92. Bird, “Not My Fantasy,” p. 248. Also see John O’Connor, “It's Jane Seymour, M.D., in the Wild and Woolly West,” New York Times, Feb. 4, 1993; Richard Zoglin, “Frontier Feminist,” Time, Mar. 1, 1993.
93. For instance, during the program's opening credits, viewers are presented with a montage of close-ups portraiting Dr. Quinn and all other noteworthy characters. The Cheyennes, however, are depicted as a faceless group on horseback moving against the majestic panorama of Colorado's front range landscape; Bird, “Not My Fantasy,” p. 248. On the extermination campaign, see Stan Hoig, The Sand Creek Massacre (Norman: University of Oklahoma Press, 1961).
94. Bird, “Not My Fantasy,” p. 249.
95. Ibid., p. 251. The “Washita was the second two-hour special that focused on the Cheyenne— an episode from the previous season had followed the same pattern. Again, the suffering of the Cheyenne functions mainly to contrast [Dr. Quinn's] nobility with the brutality of the U.S. army and townspeople. In this show, Black Kettle [a real historical personality who stands in here as Cloud Dancing's “chief”] has been involved in peace talks with the army and is persuaded to accept to accept gifts of food and blankets as part of a settlement. Dr. Quinn helps persuade the Cheyenne to take the blankets, which turn out to be infested with typhus, and the Cheyenne begin to fall sick and die. This becomes a side issue, however, because Michaela's adopted son Matthew also has typhus. On learning this, she leaves the Indians and runs to Matthew, who of course survives… By the end of the episode, forty-five Cheyenne are dead, yet somehow the show presents a happy ending, as the townspeople perform a pageant for George Washington's birthday”; ibid., p. 252. The program leaves the impression that the whole thing was probably an “unfortunate accident.” For a more accurate interpretation, see Stan Hoig, The Battle of the Washita (Garden City, NY: Doubleday, 1976). On the realities of U.S. bacteriological extermination of native peoples, see my “Nits Make Lice,” pp. 151–56.
96. Quoted in Bird, “Not My Fantasy,” p. 258.
97. Ibid., p. 251.
98. See, e.g., John Yewell, Chris Dodge and Jan DeSirey, eds., Confronting Columbus: An Anthology (Jefferson, NC: McFarland, 1992).
99. Bird, “Not My Fantasy,” p. 246.
100. Quoted in Stedman, Shadows, p. 251. Sampson, a talented actor best known for his portrayal of Chief Broom in One Flew Over the Cuckoo's Nest, was habitually put in Tonto roles. Probably the worst example came in a 1976 potboiler, The White Buffalo, in which he was cast as Crazy Horse opposite Charles Bronson's Wild Bill Hickock. Together, the pair battle and destroy the most sacred animal of the Lakotas—which is depicted as a gigantic pillaging monster rather than as a normal buffalo with unique pigmentation—becoming “brothers” in the process.
101. Geoffrey York, The Dispossessed: Life and Death in Native Canada (Toronto: Little, Brown Canada, 1990) p. 55.
102. Stedman, Shadows, pp. 217–18; Tuska, American West in Film, p. 256. A clip of this scene is included in the excellent five-part PBS series, Images of Indians, produced by Phil Lucas and narrated by Will Sampson.
103. Quoted in Stedman, Shadows, p. 72.
104. Ibid., p. 62.
105. Quoted in ibid., p. 71.
106. Quoted in ibid., p. 62.
107. Like Broken Arrows Jeffords, both Clum and Davis are actual historical figures who wrote about their experiences during the “Apache Wars”; Britton Davis, The Truth About Geronimo (Chicago: Lakeside Press, 1951 reprint of 1929 original).
108. The sheer absurdity of placing a white woman on a buckboard amidst the desperately fleeing Cheyennes of the 1878 Breakout could not have been lost on Ford, since his script was ostensibly based on Mari Sandoz's superb Cheyenne Autumn (New York: Avon, 1954). Moreover, the author herself was available to serve as a consultant, had he desired. Inclusion of the teacher, however, allowed Ford to soften considerably the genocidal implications of what was actually done to the Cheyennes, and so he proceeded.
109. Little Big Man, be it known, is the name not of a white youngster adopted by the Cheyennes, but of the Oglala Lakota traitor who pinioned Crazy Horses arms, allowing an army private named William Gentles to bayonet the great warrior through the kidneys in 1877; Robert A. Clark, ed., The Killing of Chief Crazy Horse (Lincoln: University of Nebraska Press, 1976). The name's (mis)usage in the Arthur Penn film stems from author Thomas Berger's having decided it was “catchy,” and therefore entitling himself to reassign it to the main character of his 1964 novel. For analysis of the social function of the “protest flicks” themselves, see Stewart Brand, “Indians and the Counterculture, 1960s–1970s,” in Handbook of the North American Indian, p. 570.
110. For “The Duke's” own views on the matter, see Randy Roberts and James S.Olson, John Wayne: American (Lincoln: University of Nebraska Press, 1995).
111. Bird, “Not My Fantasy,” p. 251. Probably the most extreme example of a white character being scripted to stand in for Indians will be found in Hombre (1967), a film in which almost no native people appear at all (other than in a montage behind the opening credits). Instead, their culture is represented exclusively by a white man taken captive as a child and raised among them. At the end of the film, the character, played by Paul Newman, even fulfills the role of Hollywood's “Good Indians” by sacrificing himself to save a white woman in distress.
112. It's not just movies. “Progressive” academics like Werner Sollors and Sam Gill, not to mention the whole “New Age” movement, have been pushing exactly the same “inclusive” themes for nearly thirty years now. On Sollors, Gill, and their counterparts, see the relevant essays in this volume. On New Agers, see “Indians ‘R’ Us” herein.
113. On the realities of the Wounded Knee Massacre, see my “Nits Make Lice,” pp. 244–45.
114. It should be noted that Wounded Knee was still officially designated as the site of a “battle” rather than a massacre until the mid-1970s. The myth of an Indian having fired the first shot still holds sway; Andrist, The Long Death, pp. 351–52.
115. Strickland, “Tonto's Revenge,” p. 33. Worth noting is that early Lakota actor Chauncy Yellow Robe spent years trying to set the record straight with respect to the glaring inaccuracies so deliberately incorporated into The Indian Wars Refought.
116. As to the myth of Custer's being “massacred,” it results in part from the unstinting efforts of his widow, Elisabeth Bacon Custer (“Libby”), to redeem his reputation during the remaining years of her long life. In this, she was joined by an army establishment deeply humiliated that one of its crack cavalry regiments had been obliterated by mere “savages.” The upshot was/is an absurd contention—repeated some 250 times in books and articles; this relatively incidental battle is far and away the most written-about engagement in U.S. military history—that Custer and the 211 men under his immediate command had been unfairly pitted against about 5,000 Indians. In truth, there were likely fewer than 1,500 poorly armed native fighters in the Little Big Horn Valley on June 25, 1876, against which Custer had available roughly 750 well-equipped and-supplied troopers. See generally, W.A. Graham, The Custer Myth: A Source Book of Custeriana (Lincoln: University of Nebraska Press, 1986 reprint of 1953 original); Brian Dippie, Custer's Last Stand: The Anatomy of an American Myth (Missoula: University of Montana Press, 1976).
117. The semantics involved were of course not new, finding their origins in the earliest European expositions on native people; see Honour, The New Golden Land, Berkhofer, The White Man's Indian. Their impact in cinematic format, however, was something new and far more totalizing than what had come before; Andrew Tudor, Image and Influence: Studies in the Sociology of Film (New York: St. Martin's, 1975). The insidious persistence of such term usage is perhaps best illustrated by the ubiquitousness with which it appears in serious histories such as Stan Hoig's otherwise excellent The Sand Creek Massacre (Norman: University of Oklahoma Press, 1961).
118. Custer—who had been appointed acting major general during the Civil War, but whose actual rank was lieutenant colonel—was court-martialed after deserting his troops in the field towards the end of his unsuccessful 1867 summer campaign against the Cheyenne. Relieved of his command, he was reinstated in time for the 1868 winter campaign—in which he scored his “great victory” at the Washita—only through the intervention of powerful friends like General Phil Sheridan. The triumph was marred, however, by Custer's military incompetence. Having failed to reconnoiter his target before attacking, he gleefully “pitched into” the noncombatant villagers of Black Kettle, thinking they were the only Indians at hand. The orgy of violence which followed—Custer ordered that even the Cheyennes’ ponies be slaughtered—was interrupted by the appearance of large numbers of warriors who had been encamped, unnoticed, a bit further upriver. Realizing at that point that he might have an actual fight on his hands, Custer turned tail and ran so quickly that he abandoned a detachment of troops under Major Joel Elliott (a fact that led to the near complete disintegration of morale among the officers of his regiment). Embarrassed, Sheridan and others who had lobbied in his behalf covered up the sordid details. Walsh, for his part, leaves all of this unmentioned despite the fact that the information was readily available at the time he made his film. See generally, Frederick F.Van de Water, Glory Hunter: A Life of General Custer (New York: Bobbs-Merrill, 1934).
119. Donald Jackson, Custer's Gold: The United States Cavalry Expedition of 1874 (Lincoln: University of Nebraska Press, 1966).
120. Although it is dubious that Custer's expedition actually discovered gold in the Black Hills, it is clear that the Custer himself, writing under a pseudonym, reported that it had in eastern newspapers. His purpose was to precipitate a gold rush into the sacred core of Lakota territory, a circumstance against which the Indians would have no alternative but to defend themselves. In the ensuing war, Custer reckoned to win another of his great victories, the glory of which he believed might prove sufficient to propel him into the White House. It was all working out splendidly until he repeated the blunder he’d committed at the Washita by charging into an unreconnoitered native encampment he apparently believed to be filled mostly with noncombatants. Having compounded his error by dividing his regiment into three parts—flanking elements were sent out in both directions so that the quarry would be unable to escape—Custer found himself overmatched when it turned out there were as many or more native fighters along the Little Big Horn as there were troopers in his 7th Cavalry. The chickens then came home to roost in a major way. Custer, far from being the gallant center of the “last stand” depicted in the famous Budweiser poster copied by Walsh and so many other filmmakers, was more likely the very first man hit during his assault. There is also prima facie evidence that he either committed suicide or was dispatched by one of his own men once it was clear that all was lost. One further reason it turned out this way is that Major Marcus Reno and Captain Frederick Benteen, commanders of the two flanking forces and embittered friends of Major Elliott, fatally abandoned by Custer at the Washita, appear to have returned the favor by refusing to come to his assistance once he came under heavy attack. See generally, Van de Water, Glory Hunter, Mari Sandoz, The Battle of the Little Big Horn (New York: Curtis Books, 1966).
121. Friar and Friar, Only Good Indian…, pp. 270–71; Tuska, American West in Film, pp. 204–9. Also see Rita Parks, The Western Hero in Film and Television: Mass Media Mythology (Ann Arbor, MI: UMI Research Press, 1982).
122. Robert M.Utley, Cavalier in Buckskin: George Armstrong Custer and the Western Military Frontier (Norman: University of Oklahoma Press, 1988).
123. Tom Hayden, for example, now an apologetic California legislator but then a very prominent antiwar radical, used a quote from Sitting Bull as the title of one of his books; The Love of Posses sions is a Disease With Them (New York: Holt, Rinehart and Winston, 1972). The sociocultural linkages between Vietnam and the Indian Wars were, however, brought out much better a bit later by Richard Drinnon in his Facing West. On the problems experienced by Hollywood in attempting to package the war in Southeast Asia in its customary triumphalist manner, see Gilbert Adair, Vietnam on Film: From the Green Berets to Apocalypse Now (New York: Porteus Books, 1981).
124. Tuska, American West in Film, p. 209.
125. Although he was never tried for it, three separate federal investigations concluded that Chivington had committed what would now be called crimes against humanity at Sand Creek; Hoig, Sand Creek Massacre, pp. 177–92. He is nonetheless treated quite sympathetically by Reginald S.Craig in his The Fighting Parson: A Biography of Col. John M.Chivington (Tucson: Western Lore, 1994 reprint of 1959 original). Nelson's screenplay for Soldier Blue was based on Theodore V.Olsen's Arrow in the Sun (Garden City, NY: Doubleday, 1969).
126. Friar and Friar, Only Good Indian…, p. 213.
127. Bird, “Not My Fantasy,” p. 258.
128. This is hardly the only cinematic context in which such things hold true. For broader discussion, see John E.O’Connor and Martin A.Jackson, eds., American History/American Film: Interpreting the Hollywood Image (New York: Frederick Ungar, 1979); George McDonald Fraser, The Hollywood History of the World (London: Harvill Press, 1996); Peter C.Collins, ed., Hollywood as Historian: American Film in a Cultural Context (Knoxville: University Press of Kentucky, [rev. ed.] 1998).
129. On the pervasiveness and durability of scalp bounties, see my “Nits Make Lice,” pp. 178–88. More generally, see Drinnon, Facing West, Svaldi, Rhetoric of Extermination.
130. Such “stabilizing” effects are examined in Tudor, Image and Influence.
131. This was the program dealing with typhus-infected blankets described in note 95. For explication of the phrases quoted, see Noam Chomsky and Edward S.Herman, The Political Economy of Human Rights, Vol. 2: After the Cataclysm, Postwar Indochina and the Reconstruction of Imperial Ideology (Boston: South End Press, 1979); Bertram Gross, Friendly Fascism: The New Face of Power in America (Boston: South End Press, 1982).
132. Quoted in Bird, “Not My Fantasy,” p. 252. One question which is never posed is how a semiliterate frontiersman like Sully, who's plainly never been anywhere but the U.S., might be in a position to hold an informed judgment as to which country is best. Extrapolating, the same would hold true today for all the Pittsburgh hardhats and high school seniors who truly believe they are equipped to make that determination. Important glimpses of the answer will be found in books like Jacques Ellul's Propaganda: The Formation of Men's Attitudes (New York: Alfred A.Knopf, 1965).
133. Or, to paraphrase by way of borrowing from Noam Chomsky, “enjoy the new order, same as the old”; World Orders, Old and New (New York: Columbia University Press, 1996).
134. Eldridge Cleaver, “The Allegory of the Black Eunuchs,” in his Soul on Ice (New York: Ramparts Books, 1968), pp. 155–75.
135. Ibid. Much has been made by white feminist analysts over the past thirty years of the idea that Cleaver's articulation of this male-centered schematic is evidence of his own virulent sexism; e.g., Robin Morgan, The Demon Lover: On the Sexuality of Terrorism (New York: W.W.Norton, 1989) pp. 167, 177. Without denying that he may have been—nay, undoubtedly was—a sexist of the first order, I would argue that making the charge on this basis is absurd. Cleaver, after all, was by no means advancing his own notion of how things should be. Rather, he was describing, and quite accurately, how white men saw it, and thus what had been imposed upon blacks and white women alike. Moreover, his conclusion, clearly drawn, is that the whole arrangement is sick, leading to pathological behaviors which he describes with a great deal of precision (but not endorsement). A much better job of treating what is actually objectionable in Cleaver's writing is provided by Michelle Wallace in her Black Macho and the Myth of the Superwoman (London: Verso, 1990).
136. Again, Cleaver is describing a white male projection, not endorsing it. White feminists like Susan Brownmiller have wrongly accused him of “justifying” or even “advocating” rape as a “liberatory strategy”; see Brownmiller's Against Our Will: Men, Women and Rape (New York: Simon and Schuster, 1975) pp. 248–52. Rather, in describing his own resort to rape under the misimpression that it constituted a form of “insurrectionary activity,” Cleaver was attempting to explain the kind of psychological deformity induced among black men by the structure of white male supremacy so that it might be understood and corrected through the formation of a genuinely viable liberatory praxis.
137. 3,724 lynchings were documented in the U.S. during this period; Arthur F.Raper, The Tragedy of Lynching (New York: Dover, 1970 reprint of 1933 original). To this tally must be added an unknown number, perhaps doubling the total, occurring between 1865 and 1889, undocumented lynchings occurring between 1889 and 1930, and a not insubstantial number occurring from 1931 onward. A reasonable estimate would thus be that roughly 8,000 black men have been murdered in an organized fashion by whites since the end of the Civil War, largely to deter their peers from even considering the “taking of liberties” with white women. And this does not speak to the thousands of others beaten, mutilated, and/or falsely imprisoned for the same purpose. It is important to bear in mind that much more than literal rape, real or invented, is at issue here. A classic example is that of 14-year-old Emmett Till, beaten to death in 1955 for having whistled at a Mississippi white woman. Brownmiller, who, against even this backdrop, is so prone to parsing Cleaver's impassioned prose, should be aware that her own hardly holds up to similar scrutiny. At one point she actually appears to “justify,” “endorse,” “advocate,” or at least “apologize for” lynching and similar atrocities by explaining that she has come to “understand the insult implicit in Emmett Till's wolf whistle” and how such things now fill her with a “murderous rage”; Brownmiller, Against Our Will, p. 248. For analysis, see Angela Y.Davis’ “Rape, Racism, and the Myth of the Black Rapist,” in her Women, Race, and Class (New York: Random House, 1981) pp. 172–201.
138. Actually, one can trace the set of relations at issue all the way back to the Spanish system in mid-sixteenth-century Mexico; see, e.g., the section entitled “Notes on Genocide as Art and Recreation,” in my Little Matter of Genocide, pp. 104–6. In North America, it first evidences itself in the more generalized régime of sexual repression imposed by John Endicott, periodic governor of the Plymouth Plantation, beginning in 1628; Frederick C.Crews, Sins of the Fathers (New York: Oxford University Press, 1966). Also see G.E.Thomas, “Puritans, Indians and the Concept of Race” (New England Quarterly, XLVIII, 1975) and Philip L.Berg, “Racism and the Puritan Mind” (Phylon, Vol. XXXVI, 1975).
139. The first dramatization which might be said to conform in some ways to Cleaver's schematic was James N.Barker's The Indian Princess; or, La Belle Sauvage, which opened in Philadelphia in 1808. This was followed by such notable productions as John Augustus Stone's Metamora; or, the Last of the Wampanoags (1829), George Washington Parke Custis's Pocahontas; or, the Settlers of Virginia (1830), Louisa H.Medina's stage adaptation of Nick of the Woods (1838), John Brougham's Po-CaHon-Tas; or, the Gentle Savage (1855), David Belasco and Franklin Fyles’ The Girl I Left Behind Me (1893), William C.De Mille's Strongheart (1905), and E.M.Royce's The Squaw Man (1905). On the literary front, there were Charles Brockden Brown's Edgar Huntly; or, Memoirs of a Sleepwalker (1799) and, of course, the Fenimore Cooper novels, beginning with The Pioneers (1823) and ending with The Deerslayer (1841). Meanwhile, Washington Irving had weighed in with The Sketch Book (1819) and his later trilogy of Indian-focused novels (1835–37), William Gilmore Simms published The Yemasee (1835), and Robert Montgomery Bird produced Nick of the Woods (1837). A few years later Henry Wadsworth Longfellow came forth with his epic Song of Hiawatha (1855). In 1860, the first of the Beadle dime novels (Malaeska; the Indian Wife of the White Hunter) was released. Following in the tradition of such early potboilers as Frontier Maid; or, the Fall of Wyoming (1819) and Ontwa, Son of the Forest (1822), the overwhelmingly positive reception of Malaeska laid the groundwork for The Red Hand; or, Buffalo Bill's First Scalp for Custer, the initial production of the Col. William F. Cody Theatrical Company in 1876. By 1882, there were a dozen such “Wild West Shows” touring the country. See generally, Albert Keiser, The Indian in American Literature (New York: Oxford University Press, 1933); Arthur Hobson Quinn, Representative American Plays from 1767 to the Present Day (New York: Appleton- Century-Crofts, 1953); Henry Blackman Sell and Victor Weybright, Buffalo Bill and the Wild West (New York: Oxford University Press, 1955) and “Legend Maker of the West— Erastus Beadle,” Real West Annual, 1970; Horace A.Melton, “King of the Dime Novels,” Western Frontier Annual, No. 1, 1975.
140. Director D.W.Griffith appears to have lifted the scene whole from David Belasco's 1893 Broadway play, The Girl I Left Behind Me; Stedman, Shadows, p. 109.
141. Quoted in Tuska, American West in Film, p. 239.
142. Hill conversation.
143. In virtually all the early “captive narratives,” such as that of Mary Rowlandson (1682), the women flatly denied that “threats to their chastity” had occurred. Some, like Isabella McCoy (1747), went so far as to assert that their own society's treatment of women was far worse than anything they’d experienced at the hands of Indians. Feminist analysts like Susan Brownmiller, in an effort to develop a transcultural “men=rape” paradigm, have sought to finesse this “problem” by claiming that each woman with firsthand experience was likely to have falsified the record in order to avoid stigma upon returning to white society. While the idea is superficially plausible, it is belied by Brownmiller's own citation of anonymous narratives where such potential consequences were not at issue, all of them saying essentially the same things as those to which names were affixed. Hence, to make their model seem to work, feminists subscribing to Brownmiller's outlook have not only discounted the accounts of female captives but accepted the secondhand libidinal interpretations of Cotton Mather and others among the women's white male counterparts, tracts which more careful researchers like Richard Drinnon have described as being little more than “violence pornography.” Frederick Drim-mer, compiler of one of the better collections of captive narratives, has concluded that, for a variety of reasons ranging from “medicine” to commerce, indigenous men east of the Mississippi almost never raped anyone, native or white, an assessment shared by such analysts as Richard Slotkin. Morris Edward Opler, one of the more knowledgeable students of Chiricahua Apache culture, concludes that these “most vicious of Indians” in the West “were traditionally reticent in sexual matters. The raping of women when on raids was looked upon by Chiricahua[s] with extreme disfavor and rarely took place.” See The Narrative of the Captivity and Restoration of Mrs. Mary Rolandson (Boston: Houghton-Mifflin, 1930 reprint of 1682 original) p. 71; “Isabella McCoy,” in Frederick Dimmler, ed., Scalps and Tomahawks: Narratives of Indian Captivity (New York: Howard-McCann, 1961) p. 13; Brownmiller, Rape, pp. 140–45; Drinnon, Facing West, p. 61; Richard Slotkin, Regeneration Through Violence: The Mythology of the Western Frontier (Middletown, CT: Wesleyan University Press, 1973) p. 357; Morris Edward Opler, An Apache Life-Way: The Economic, Social, and Religious Institutions of the Chiricahua Indians (Chicago: University of Chicago Press, 1941) p. 228.
144. Quoted in Stedman, Shadows, p. 105; Tuska, American West in Film, pp. 250, 246.
145. The Cheyennes do no such thing, but Arthur Penn has it that this is because the girl is too homely to arouse their desire rather than because they socially prohibit such conduct.
146. Bird, “Not My Fantasy,” p. 249.
147. See Jack Nachbar, “Ulzana's Raid,” in Pilkington and Graham, Western Movies.
148. Tuska, American West in Film, pp. 250, 256.
149. The Friars list another sixty such films prior to 1971 without even touching upon the Leatherstocking Tales, serial westerns and the like; Friar and Friar, Only Good Indian…, pp. 304–5.
150. The film is based on Will Cook's novel, Comanche Captives (New York: Bantam, 1960), which is in turn based on one of the more celebrated of the real-life captive stories, that of Cynthia Ann Parker. Taken as a nine-year-old during a Comanche raid along the Texas frontier in May 1836, she was raised as a Quahadi and was plainly viewed as such (not least, by herself). As an adult, she married Pina Nacona, a principal leader of the band, and had two sons and a daughter by him. After being forcibly “restored” to white society in 1860— her husband and several friends were killed in the process—she wasted steadily away and eventually died of what was described as a “broken heart”; Cynthia Schmidt Hacker, Cynthia Ann Parker: The Life and the Legend (El Paso: Texas Western Press, 1990). Tellingly, Susan Brownmiller neglects to mention this and a number of comparable examples when asserting that captive white women “had no say in the matter” of marrying Indians, thus con-flating such marriages with rape. Worse, in the one case she does discuss, that of Mary Jemison, Brownmiller misrepresents the woman's own account of her marriage by stating that the husband, Sheninjee, was “assigned.” Moreover, Brownmiller fails to inform readers that, after her first husband died, Jemison personally selected a second husband, Hiakatoo; Brownmiller, Rape, p. 142. Also see James Seaver, A Narrative of the Life of Mrs, Mary Jemison: Who Was Taken by the Indians When Only About Twelve Years of Age, and Has Continued to Reside Amongst Them to the Present Time (Albany: n.p., 1824).
151. The film is based on Alan LeMay's novel of the same title, published by Harper & Row in 1954. The book is also based, loosely, on the story of Cynthia Ann Parker. Although Wayne's Ethan Edwards, who seems to be based on Robert Montgomery Bird's revenge-crazed Nathan Slaughter in Nick of the Woods, ultimately spares the girl, it is obviously a close call.
152. About the only time it is judged “okay” for celluloid Indians to abscond with Euroamerican females comes in Burt Lancaster's The Scalphunters (1968), a complicated and rather weird film, the screenplay for which was written by William Norton. Here, a group of Kiowas end up, with the hero's blessing, in possession of an entire wagonload of white prostitutes. This outcome is possible, presumably, because the women are to be assessed as having already forfeited whatever virtue they might once have possessed. Consignment to the savages is thus an appropriate moral penalty.
153. Tuska, American West in Film, p. 248.
154. Ibid.
155. This is another of those tidy inversions of reality at which Hollywood excels. As Leslie Fiedler notes in his The Return of the Vanishing American (New York: Stein and Day, 1968, pp. 45–46), to whatever extent native men may finally have come to practice rape, it was plainly in retaliation for the habitual and often systematic molestation of Indian women by white males. Nor can Euroamerican women be classified, or classify themselves, as mere “innocent bystanders and victims” in all this. White women no less than white men were and remain avid in their rationalization/celebration of the conquest/subjugation of native people, a process in which the rape of native women was integral. Often enough, such knowledge was/ is explicit. The men of the 7th Cavalry, for example, including Custer himself, customarily raped their female prisoners. Indeed, it was common knowledge that Custer kept Monaseetah, the daughter of a slain Cheyenne leader, as his personal concubine for some months. Libby Custer not only knew it and turned a blind eye, but devoted her life to glorifying her husband's “accomplishments.” While thus serving as the enabler in rape is not the same as being a rapist per se, it is to be complicit in the crime, and thus by no means “innocent” of it. Those who condone the abuse of others are in a poor position to register complaints when they themselves are subjected to its reciprocation. On Custer, Monaseetah, etc., see Van de Water, Glory Hunter.
156. Littlefeather (Marie Louise Cruz), is probably best known for having stood in for Marlon Brando at the Academy Awards ceremony in 1973, when he declined the Oscar for Best Actor as a protest of Hollywood's historical and ongoing misrepresentation of native people.
157. There were a total of six “American Indian-Speaking Females” listed by the Screen Actors Guild in 1971.
158. As is well known, love of the white man is supposed to have prompted Pocahontas to have thrown herself over the prostrate form of the English adventurer, John Smith, in order to prevent his being brained by her father's angry men after Smith had unprovokedly attacked them and gotten himself captured in the process. There is, however, no mention of this fabulous tale in Smith's original 1608 account of his exploits in the Virginia Colony. Rather, he appears to have fabricated it after the woman had already become a celebrity of sorts in England as the result of marrying another colonist, John Rolfe, then taking up residence in London. His motive seems to have been, purely and simply, to enhance the salability, hence profits, of his General History of Virginia, New England, and the Summer Isles, published in 1624. From there, the story became a mythic staple of Americana, anchored firmly in J.N.Barker's highly successful 1808 stageplay, The Indian Princess; or La Belle Sauvage, and Custis’ Pocahontas 22 years later (note 139). See generally, Rayna Green, “The Pocahontas Perplex: The Image of Indian Women in American Culture,” Massachusetts Review, Vol. 16, No. 4, 1975; Tilton, Pocahontas.
159. The Friars list nearly 200 such films under various headings; Only Good Indian…, pp. 309–11.
160. Tilton, Pocahontas, p. 3.
161. In the latest remake of Last of the Mohicans, director Michael Mann supposedly “solves” the problems of racism and sexism embedded in Fenimore Cooper's formulation by having both Uncas and the younger Munro daughter die, he while trying to save her from Magua, the film's “Bad Indian,” she by resulting suicide. Hawkeye (“Nathaniel”) and the elder daughter, Cora, are, however, allowed to live. Not coincidentally, both are white. The time-honored message thus remains exactly as it was described in other connections by John Tuska: “The ideology is simple: The races should not mix. When they do, the Indians are numerically the biggest losers, while an errant white may pay a penalty no less severe”; American West in Film, pp. 240–41.
162. Ibid., pp. 239–40. “The film was so popular that a sequel was made titled The Squaw Man's Son (Famous Players, 1917)… The next year DeMille directed a remake of the original… and he even made a subsequent talking version twice as long as the 1918 remake… An Indian actress named Redwing had played the Indian maiden in the original. Ann Little, who was not an Indian but who had played Sky Star in The Invaders, had the part in the remake and Lupe Valdez essayed the role in the talking version. In all three versions…the audience is reassured that Anglo-American culture is pre-eminent. Moreover, in vanishing, i.e., dying, the Indians give that culture their whole-hearted blessing and wish it well in a future which cannot include them”; ibid., p. 240.
163. Ibid., p. 244.
164. Probably the most duplicitous handling of the “issue” on record comes in The Conquest of Cochise (1953), when the Chiricahua leader, played by John Hodiak, is scripted to inform a young woman whom he desires that “Apache law” forbids her to marry a white army officer, Robert Stack, with whom she is in love. Thus is the white-imposed color line foisted off on the Apaches.
165. This is said despite Simone de Beauvoir's valiant effort to rehabilitate the Marquis in her “Must We Burn Sade?” Les Temps Modernes, Dec. 1951/Jan. 1952 (reprinted as an introduction to the 1966 Grove Press edition of Sade's The 120 Days of Sodom and Other Writings).
166. See Robert H.Rimmer, TheX-Rated Videotape Guide (New York: Arlington House, 1984); X-Rated Videotape Guide II: 1,200 New Reviews and Ratings (Buffalo, NY: Prometheus Books, 1991).
167. It is credibly estimated that virtually all American blacks are to some extent genetically intermixed with whites at this point, and that more than a third are intermixed with Indians as well. By the same token, fewer than ten percent of those identified as American Indians can make any sort of legitimate claim to being free of Euroamerican and/or Afroamerican admixture. Less remarked upon is what this implies with respect to the “purity” of whites. Plainly, the nomenclature of “race” has no applicability in contemporary North America apart from its utility as a eurosupremacist ideological construction. See, e.g., Joel Williamson, The New People: Miscegenation andMulattoes in the United States (New York: Free Press, 1980); Jack D.Forbes, Black Africans and Native Americans: Race, Color and Caste in the Making of Red-Black Peoples (London: Routledge, 1988); George M.Frederickson, White Supremacy: A Comparative Study in American and South African History (New York: Oxford University Press, 1981).
168. For a range of quotes by Jefferson to this effect, see Bernard W.Sheehan, Seeds of Extinction: Jeffersonian Philanthropy and the American Indian (Chapel Hill: University of North Carolina Press, 1973). Morgan's views are presented in Bernard J.Stern's Lewis Henry Morgan: Social Evolutionist (New York: Russell and Russell, 1931) and Carl Resek's Lewis Henry Morgan: American Scholar (Chicago: University of Chicago Press, 1960).
169. See, e.g., the quotes from phrenologist J.C.Nott and others in Berkhofer, White Man's Indian, pp. 58–59. More broadly, see William Stanton's The Leopard's Spots: Scientific Attitudes Towards Race in America, 1815–1859 (Chicago: University of Chicago Press, 1960). For analysis of contemporary applications, see Troy Duster's Backdoor to Eugenics (New York: Routledge, 1990).
170. Wyn Craig Wade, The Fiery Cross: The Ku Klux Klan in America (New York: Simon and Schuster, 1987) pp. 119–39.
171. The Friars list 108 films pursuing this theme by 1970; Only Good Indian…, pp. 300–1.
172. Among the Cheyennes, there were the brothers George, Robert, and Charlie Bent, sons of William Bent, a noted white trader, and his native wife. While each struggled for their people's rights in his own way—George, for instance, fought briefly against the white invaders and testified on three separate occasions against perpetrators of the Colorado militia's infamous 1864 massacre of noncombatant Cheyennes and Arapahos at Sand Creek— Charlie is the better example (or at least the most reviled among mainstream commentators). Accepted into the Cheyennes’ élite Crazy Dog Society (“Dog Soldiers”), he acquired an almost legendary status because of his courage in physically defending his homeland. Ultimately, Charlie Bent gave his all, dying an agonizingly lingering death in 1868 of wounds suffered during a skirmish with Pawnees fighting for the United States. It is instructive that while William Bent and his son George are frequently referenced in the literature, there is virtually no mention of Charlie. When his name comes up at all, it is almost invariably as a negative aside. Probably the best all-round study of the Bent family is David Lavender's Bent's Fort (Garden City, NY: Doubleday, 1954). On the Crazy Dogs, see, e.g., George Bird Grinnell, The Fighting Cheyennes (Norman: University of Oklahoma Press, 1956).
173. As Jerry Allen pointed out in his article “Tom Sawyer's Town” (National Geographic, July 1956), the real life personage upon whom Twain (Samuel Clemens) based the character was actually a man called “Indian Bill,” a “kindly old rag-picker” in Hannibal, Missouri. There is of course no hint of this in such subsequent screen adaptations of Twain's novels as The Adventures of Huckleberry Finn (1960; 1985), Tom Sawyer (1973), The Adventures of Mark Twain (1985), The Adventures of Huck Finn (1993), and Tom and Huck (1995).
174. Alan LeMay, The Unforgiven (New York: Harper & Bros., 1957); quoted in Stedman, Shadows, pp. 124–25. Nomination of the film as “most racist” was made by Will Sampson in Images of the Indian. While I don’t necessarily disagree with him, I feel the dubious distinction should be shared by The Searchers—also based on a LeMay novel—and perhaps The Stalking Moon.
175. Such lines were hardly a cinematic first. In They Rode West (1954), for instance, when the hero, an army captain, is told that there are “some people” moving around outside the fort, he responds: “People? You mean Indiana”
176. For an apt assessment of the schisms such racist value-loading has caused among Indians, see Hilden, Nickels. Perhaps the most crushing indictment of the entire conceptual structure will be found in Ashley Montague's Man's Most Dangerous Myth: The Fallacy of Race (Cleveland: World, [4th ed.] 1964). Also see Steven Jay Gould's The Mismeasure of Man (New York: W.W.Norton, 1981).
177. The Ramona films are based on Helen Hunt Jackson's factually based novel of the same title (Boston: Little, Brown, 1921 reprint of 1884 original), a classic of turn-of-the-century “reformist” literature. In it, a mixed-blood girl first “goes Indian” by way of marriage, then returns to the fold after her husband is murdered by a white man.
178. Strickland, “Tonto's Revenge,” p. 21.
179. Walker premiered on Nov. 24, 1993. About the only thing observably “Indian” about the character is that he stops in, every episode, to visit with his “Uncle Ray,” played by Floyd Westerman, an “actor” who can’t for the life of him deliver a convincing line, but who apparently fulfills the show's requirements merely by looking like he just stepped off a nickel. Racism takes many forms, often subtle.
180. “Gregory Peck recalled that David O. Selznik delighted in the perversity of the casting. Jennifer Jones had recently won an Oscar as the saint in Song of Bernadette (1943) and Peck had just played a priest in Keys to the Kingdom (1944)”; Strickland, “Tonto's Revenge,” p. 27.
181. Peter van Lent, “‘Her Beautiful Savage’: The Current Sexual Image of the Native American Male,” in Bird, Dressing in Feathers, pp. 216–17.
182. Fabio, Comanche (New York: Avon, 1995). Van Lent himself notes the plot, but fails to draw the obvious conclusion.
183. See Peter G.Beidler, “The Contemporary Indian Romance: A Review Essay,” American Indian Culture and Research Journal, Vol. 15, No. 4, 1991.
184. Phil Lucas, “Images of Indians,” Four Winds, Autumn 1980.
185. Berkhofer, White Man's Indian.
186. Francis, Imaginary Indian, pp. 16–43. For background, see Robert J.Moore, Jr., Native Americans, A Portrait: The Art and Travels of Charles Bird King, George Catlin, and Karl Bodmer (New York: Stewart, Tabori & Chang, 1997); J.Russell Harper, ed., Paul Kanes Frontier (Toronto: University of Toronto Press, 1975). For specific applications, see Rennard Strickland, Bodmer and Buffalo Bill at the Bijou: Hollywood Images and Indian Realities (Dallas: DeGoyler Library, 1989).
187. Susan Sontag, On Photography (New York: Farrar, Straus & Giroux, 1977) p. 4; Francis, Imaginary Indian, p. 43.
188. Francis, The Imaginary Indian, p. 221.
189. Ibid., p. 194.
190. The poster, a major bit of Americana, derives from a painting entitled “Custer's Last Fight,” done on a tent fly by Cassily Adams, purchased by St. Louis beer magnate Adolphus Busch and displayed in a saloon in that city while a somewhat altered copy was produced. The latter, retitled “Custer's Last Stand,” was then cloned into a massively reproduced advertising poster by the Anheuser-Busch Corporation while the original was donated to the 7th Cavalry, who displayed it in their officer's club at Fort Bliss, Texas, until it was destroyed by a fire on June 13, 1946. Meanwhile, the poster was itself being imitated, most famously by Elk Eber, whose painting remains at present in the Karl May Museum in Dresden, Germany; Graham, Custer Myth, pp. 22, 348.
191. As Russell Means once put it, “[W]ho seems most expert at dehumanizing other people? And why? Soldiers who have seen a lot of combat learn to do this to the enemy before going back into combat. Murderers do it before they commit murder. SS guards did it to concentration camp inmates. Cops do it. Corporation leaders do it to workers they send into uranium mines and to work in steel mills. Politicians do it to everyone in sight. And what each process of dehumanization has in common for each group doing the dehumanizing is that it makes it alright to kill and otherwise destroy other people. One of the Christian commandments is ‘thou shall not kill,’ at least other humans, so the trick is to mentally convert the victims into non-humans. Then you can proclaim violation of your own commandment to be a virtue”; “The Same Old Song,” in my Marxism and Native Americans (Boston: South End Press, 1983) p. 22. On material/physical conditions, see Rennard Strickland, “‘You Can’t Rollerskate in a Buffalo Herd Even If You Have All the Medicine’: American Indian Law and Policy,” in Tonto's Revenge, pp. 53–54.
192. Robin Wood, “Shall We Gather at the River? The Late Films of John Ford,” Film Comment, Fall 1971.
193. Tuska, American West in Film, p. 237.
194. John H.Lenihan, Showdown: Confronting Modern America in the Western Film (Urbana: University of Illinois Press, 1980) p. 141. As Tuska observes in this connection, “A book such as Lenihan's, which was considered sufficiently well researched for him to earn a Ph.D. on the basis of it, actually does little more than extend the propaganda contained in the films themselves”; American West in Film, p. 251.
195. Nachbar, “Ulzana's Raid,” p. 140. More extensively, see Jack Nachbar, Focus on the Western (New York: Prentice-Hall, 1974).
196. The phrase accrues from Thomas A.Harris's classic of “transactional analysis” (read: selfabsorbed 1970s-style yuppism), I’m OK—You’re OK (New York: Avon Books, 1973). It's a testament to how far affluent whites are from actually being “okay” that this volume still sells quite briskly.
197. This is really not that far off when one considers the implications of Ronald Reagan's 1986 state visit to the German military cemetery at Bitburg, during which he laid a wreath near the graves of SS men who, he said, “were victims, too.” For various viewpoints on the meaning of Reagan's conduct, see Geoffrey Hartman, ed., Bitburg in Moral and Political Perspective (Bloomington: University Press of Indiana, 1986); also see Ilya Levkov, ed., Bitburg and Beyond: Encounters in American, German, and Jewish History (New York: Shapolsky, 1987).
198. No less than Steven Spielberg has already taken the first significant step in this direction with his 1993 Schindler's List, a film explicitly devoted to a “good nazi.” One still awaits an equally competent and compelling treatment of “bad nazis.”
199. For examples of how this could work in practice, see David Stewart Hull, Film in the Third Reich: A Study of German Cinema, 1933–1945 (Berkeley: University of California Press, 1969); Irwin Leiser, Nazi Cinema (New York: Macmillan, 1974); Eric Rentschler, The Ministry of Illusion: Nazi Cinema and Its Afterlife (Cambridge, MA: Harvard University Press, 1996).
200. Quoted in Friar and Friar, Only Good Indian…, p. 218.
201. See “Confronting Columbus Day” and “Let's Spread the Fun Around,” herein. Also see the essay entitled “In the Matter of Julius Streicher: Applying Nuremberg Standards to the United States,” in my From A Native Son: Selected Essays in Indigenism, 1985–1995 (Boston: South End Press, 1996) pp. 445–54.
202. Tuska, American West in Film, p. 258.
203. Ibid.
204. Durham, “Cowboys and…,” pp. 18–19.
205. Jean-Paul Sartre, “On Genocide,” Ramparts, Feb. 1968.
206. Anonymous respondant, quoted in Bird, “Not My Fantasy,” p. 258.
207. On simulacra see Jean Baudrillard, Simulations (New York: Semiotext(e), 1983). More accessibly, see J.G.Merquoir, The Veil and the Mask: Essays on Culture and Ideology (London: Routledge & Kegan Paul, 1979); Noam Chomsky, Necessary Illusions: Thought Control in Democratic Societies (Boston: South End Press, 1989).
208. Strickland, “Tonto's Revenge,” pp. 17–18.
209. For an excellent overview of the actual situations confronted by the men upon whom such characters are ostensibly based, see Tom Holm, Strong Hearts, Wounded Souls: Native American Veterans of the Vietnam War (Austin: University of Texas Press, 1996).
210. Laughlin (T.C.Frank) is a noted Jungian psychologist who seems in some ways to have approached his low-budget films as a kind of experiment in determining the extent to which certain “archetypes” might be substituted for quality—or even coherence—among movie audiences. He began with The Born Losers (1967), a self-produced travesty worthy of Turner Network Televisions “Joe Bob Briggs Drive-in Theater.” Although it suffered poor distribution, the film generated sufficient interest among younger viewers to warrant minor financial backing for a sequel. This turned out to be Billy Jack, a reworking and refinement of the original script which, despite an overload of wooden acting and a plot laced with absurdity, became a temporary sensation among the more self-consciously anti-establishmentarian of the country's young people. Apparently bemused by the magnitude of this success, Laughlin followed up with The Trial of Billy Jack, to all appearances a deliberately overlong (175 minutes) and nakedly implausible tale designed to test the outer limits of his Billy Jack formula. Convinced by the results that he’d seriously overreached, he tried again, seeking the middle ground with Billy Jack Goes to Washington, a marginally better picture— albeit an obviously contrived New Age remake of the classic Mr. Smith Goes to Washington (1939)—which flopped resoundingly, thus putting an end to Laughlin/Frank's research into American mass psychology; see generally, Brand, “Indians and the Counterculture.”
211. Even so staid a reviewer as Leonard Maltin describes War Party as “an excuse for a cowboy and Indians movie” and “just another botched opportunity for Hollywood to shed light on the problems of the American Indian”; Leonard Maltin's 1999 Movie & Video Guide (New York: Signet Books, 1999) p. 1494.
212. Son of the Morning Star is based on Evan Connell's biography of Custer bearing the same title (San Francisco: North Point Press, 1984), but is too confused in its character development to classify. The Broken Chain is based on various biographies of the eighteenth-century Mohawk leader Joseph Brant as well as Francis Jennings’ The Ambiguous Iroquois Empire: The Covenant Chain Confederation of Indian Tribes with the New England Colonies (New York: W.W.Norton, 1984), but is too thin to do its topic(s) justice. Lakota Woman, based very loosely on the already problematic autobiography of the same title authored by Richard Erdoes in behalf of Mary Crow Dog, may not even admit to being marginally more accurate than the usual Hollywood fare. Crazy Horse seems based more than anything on Mari Sandoz's Crazy Horse: Strange Man of the Oglalas (Lincoln: University of Nebraska Press, 1942). It is the best of the lot, but by no means good cinema; “TNT Film Chronicles Sioux Legend from Crazy Horses Point of View,” Sunday Oklahoman Television News Magazine, July 7, 1996.
213. In an attempt to make it seem “progressive,” the title of the last movie was consciously appropriated from Kirkpatrick Sale's benchmark study, The Conquest of Paradise: Christopher Columbus and the Columbian Legacy (New York: Alfred A.Knopf, 1990). Its content, however, was much closer to the stale mythology found in Samuel Eliot Morison's Admiral of the Ocean Sea: A Life of Christopher Columbus (Boston: Little, Brown, 1942).
214. Taylor, “Northern Exposure” p. 239.
215. On the series, see Kenneth C.Kaleta, David Lynch (New York: Twayne, 1993) pp. 133–55.
216. Unfortunately, most nonindian viewers seem to walk away with the misimpression that the vicious Indian character played by Graham Greene is intended to be real rather than a figment of the white lawyer's imagination. Actually, the attorney, played by Ron Lea, conjures the Greene character up in his own mind as a signification of how Indians seem to him entitled to respond to the kinds and severity of white transgression we suffer. Meanwhile, the lawyer is himself acting out the fantasy.
217. This is in some ways an extraordinarily complicated film; see, e.g., Gregg Rickman, “The Western Under Erasure: Dead Man” in Jim Kitses and Gregg Rickman, eds., The Western Reader (New York: Limelight, 1998) pp. 381–404.
218. Some years ago at a film festival in Toronto, Greene, who’d recently received an Academy Award nomination as Best Supporting Actor for his role in Dances With Wolves, explained that he wouldn’t figure he’d really “made it” in his profession until, and not before, he could be cast in nonindian parts as readily as nonindians have been historically cast as Indians. By this definition, he “arrived” in the 1995 action flick, Die Hard With a Vengeance, when he was hired to play a New York City Police detective of no particular ethnicity. Farmer was also selected to play a nonethnic role in the 1996 Canadian release, Moonshine Highway. It should be noted that, despite the inclusion of numerous secondary white actors, there are entries for neither Greene nor Farmer—nor even Will Sampson—in such standard cinematic references as Leonard Maltin's Movie Guide and Ephraim Katz's The Film Encyclopedia (New York: HarperPerennial, [3rd ed.] 1998). See generally, Millie Knapp, “Graham Greene: Leading Man,” Aboriginal Voices, Vol. 3, No. 2, 1996.
219. Strickland, “Tonto's Revenge,” p. 32.
220. Ibid.
221. See note 102.
222. Strickland, “Tonto's Revenge,” p. 35.
223. Ibid.
224. On Massayesva in particular, see the entry in Lori Zippay, ed., Artists’ Video: An International Guide (New York: Electronic Arts Intermix and Abbeville Press, 1991) p. 139. More broadly, see Beverly R.Singer, Wiping the Warpaint Off the Lens: Native American Film and Video (Minneapolis: University of Minnesota Press, 2001).
225. Strickland, “Tonto's Revenge,” p. 36.
226. Greg Sarris, Grand Avenue: A Novel in Stories (New York: Penguin, 1994). Also see Alison Schneider, “Words as Medicine: Professor Writes of Urban Indians from the Heart,” Chronicle of Higher Education, July 19, 1996.
227. The Times comment was made by Modoc author Michael Dorris, quoted in Strickland, “Tonto's Revenge,” p. 43. Also see Miles Morrisseau, “Irene Bedard: In a Place of Being,” Aboriginal Voices, Vol. 4, No. 4, 1997.
228. See my and Leah Renae Kelly's “Smoke Signals in Context: An Historical Overview,” in her In My Own Voice: Explorations in the Sociopoloitical Context of An and Cinema (Winnipeg: Arbeiter Ring, 2001) pp. 123–31.
229. Sherman Alexie, The Lone Ranger and Tonto Fistfight in Heaven (New York; Atlantic Monthly Press, 1993); Smoke Signals (New York: Hyperion, 1998).
230. The first Pequot award, in the amount of $700,000, was made to Valerie Red-Horse/Red- Horse Productions in August 1997 to support a film entitled Naturally Native. Starring Irene Bedard and Northern Exposures Kimberly Norris Guerrero, the movie premiered at the 1998 Sundance festival and saw video release in early 1999; Millie Knapp, “A Fabulous First,” Aboriginal Voices, Vol. 5, No. 3, 1998.
231. bell hooks, Reel to Real: Race, Sex and Class at the Movies (New York: Routledge, 1996).
1. Bly's political dimension began to take form with publication of his interview “What Men Really Want” in New Age, May 1982. For an overview of his verse, see Robert Bly, Selected Poems (New York: Harper & Row, 1986). Earlier collections include Silence in the Snowy Fields (Middletown, CT: Wesleyan University Press, 1962), This Body Is Made from Camphor and Gopherwood (New York: Harper & Row, 1977), This Tree Will Be Here for a Thousand Years (New York: Harper & Row, 1979), News of the Universe (San Francisco: Sierra Club Books, 1981), The Man in the Black Coat Turns (Garden City, NY: Doubleday, 1981), and Loving a Woman in Two Worlds (Garden City, NY: Doubleday, 1985).
2. See Susieday, “Male Liberation,” Z Magazine, June 1993, pp. 10–12. The author cites a Newsweek poll indicating that some 48 percent of Euroamerican males believe they are being “victimized” by a “loss of influence” in U.S. society. She points out that, by this, they appear to mean that they’ve been rendered marginally less empowered to dominate everyone else than they were three decades ago. Their response is increasingly to overcome this perceived victimization by finding ways and means, often through cooptation of the liberatory methods developed by those they’re accustomed to dominating, of reestablishing their “proper authority.”
3. Statements by Robert Bly during workshop session at the University of Colorado/Boulder, 1992.
4. Robert Bly, Iron John: A Book About Men (Reading, MA: Addison-Wesley, 1990). The title is taken from the fairy tale “The Story of Iron John” by Jacob and Wilhelm Grimm, of which Bly provides his own translation from the German.
5. As examples, see Patrick M.Arnold, Wildmen, Warriors and Kings: Masculine Spirituality and the Bible (New York: Crossroad, 1991); Robert Moore and Douglas Gillette, King, Warrior, Magician, Lover: Rediscovering the Archetypes of Masculine Nature (New York: Harper & Row, 1990); R.J.Stew-art, Celebrating the Male Mysteries (Bath, U.K.: Arcania, 1991); and Kenneth Wetcher, Art Barker and F.W.McCaughtry, Save the Males: Why Men Are Mistreated, Misdiagnosed, and Misunderstood (Washington, D.C.: Pia Press, 1991). Anthologies include John Matthews’ Choirs of the God: Revisioning Masculinity (London: HarperMandala, 1991); and Christopher Harding's Wingspan: Inside the Men's Movement (New York: St. Martin's Press, 1992). Or, in another medium, try Robert Moore, Rediscovering Men's Potentials (Wilmette, IL: Chiron, 1988; set of four cassette tapes).
6. Consider, for example, Shaman's Drum (produced in Willis, CA), described as a “glossy quarterly ‘journal of experiential shamanism,’ native medicineways, transpersonal healing, ecstatic spirituality, and caretaking the earth. Includes regional calendars, resource directory, information on drums.”
7. Wallace Black Elk, an Oglala Lakota, is a former apprentice to Sicangu (Brûlé) Lakota spiritual leader Leonard Crow Dog and was a member of the American Indian Movement during the period of the Wounded Knee siege (circa 1972–76). Subsequently, he became associated with the late “Sun Bear” (Vincent LaDuke), a Chippewa who served as something of a prototype for plastic medicine men, and discovered the profit potential of peddling ersatz Indian spirituality to New Agers. Despite the fact that he is not, as he claims, the grand nephew of the Black Elk made famous by John Nei-hardt (Black Elk Speaks [Lincoln: University of Nebraska Press, 1963]) and Joseph Epes Brown (The Sacred Pipe [Norman: University of Oklahoma Press, 1953])—it's an entirely different family—“Grampa Wallace” has become a favorite icon of the Men's Movement. In fact, the movement has made him something of a best-selling author; see Wallace Black Elk and William S.Lyon, Black Elk: The Sacred Ways of the Lakota (San Francisco: Harper, 1991).
8. The Sun Dance is the central ceremony of Lakota ritual life; the geographical reference is to “Crow Dogs Paradise,” near Grass Mountain, on the Rosebud Reservation in South Dakota.
9. Another obvious alternative to “American Indianism” might be for the Men's Movement to turn toward certain warrior-oriented strains of Buddhism or even Shintoism. But then, Bly and the boys would be compelled to compete directly—both financially and theologically— with much more longstanding and refined institutions of spiritual appropriation like the Naropa Institute. Enterprises preoccupied with the various denominations of Islam are similarly well rooted in North America.
10. Statement made at the Socialist Scholars Conference, New York, 1988.
11. Letter to the author, Nov. 14, 1985.
12. The AIM resolution specifically identified several native people—Sun Bear, Wallace Black Elk, and the late Grace Spotted Eagle (Oglala Lakota) among them—as being primary offenders. Also named were nonindians, including Cyfus McDonald, “Osheana Fast Wolf,” and “Brooke Medicine Eagle” (spelled “Medicine Ego” in the document), and one nonindian organization, Vision Quest, Inc. For the complete text, see my Fantasies of the Master Race: Literature, Cinema and the Colonization of American Indians (Monroe, ME: Common Courage Press, 1992) pp. 226–28.
13. The resolution was signed by Tom Yellowtail (Crow), Larry Anderson (Navajo), Izador Thorn (Lummi), Thomas Banyacya (Hopi), Walter Denni (Chippewa-Cree), Austin Two Moons (Northern Cheyenne), Tadadaho (Haudenosaunee), Frank Fools Crow (Oglala Lakota), Frank Cardinal (Cree), and Peter O’Chiese (Anishinabe), all well-respected traditional spiritual leaders within their respective nations. For the complete text, see ibid., pp. 223–25.
14. For complete text, see Oyate Wicaho, Vol. 2, No. 3, Nov. 1982.
15. See “Declaration of War Against Exploiters of Lakota Spirituality,” included as an attachment in my Indians Are Us? Culture and Genocide in Native North America (Monroe, ME: Common Courage Press, 1994) pp. 273–77.
16. See “Alert Concerning the Abuse and Exploitation of American Indian Sacred Traditions,” included as an attachment in Indians Are Us?, pp. 279–81.
17. Sherman Alexie, “White Men Can’t Drum: In Going Native for Its Totems, the Men's Movement Misses the Beat,” New York Times Magazine, Oct. 4, 1992. For a Men's Movement perspective on the importance of drumming, and association (in their minds) with African and American Indian rituals, see George A.Parks, “The Voice of the Drum,” in Harding, Wingspan, pp. 206–13.
18. Paul Reitman, “Clearcut: Ritual Gone Wrong,” Mens Council Journal, No. 16, Feb. 1993, p. 17.
19. Paul Shippee, “Among the Dog Eaters,” Men's Council Journal, No. 16, Feb. 1993, pp. 7–8.
20. Telephone conversation, June 7, 1993. Means’ comparisons to Eichmann and the Aryan Nation are not merely hyperbolic. Adolf Eichmann, SS “Jewish liaison” and transportation coordinator for the Holocaust, actually asserted on numerous occasions that he felt himself to be a zionist; see Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil (New York: Viking, 1963) p. 40. On the “True Jew” dogma of “Identity Christianity,” religious creed of the rabidly antisemitic Idaho-based Aryan Nations, see Leonard Zeskind, The Christian Identity Movement: A Theological Justification for Racist and Anti-Semitic Violence (New York: Division of Church and Society of the National Council of Churches of Christ in the U.S.A., 1986).
21. Means’ characterization of the process corresponds quite well with the observations of many experts on cultural genocide. Consider, for example, the statement made by Mark Davis and Robert Zannis in their book, The Genocide Machine in Canada: The Pacification of the North (Montreal: Black Rose Books, 1973, p. 137): “If people suddenly lose their ‘prime symbol’ [such as the sanctity of spiritual tradition], the basis of their culture, their lives lose meaning. They become disoriented, with no hope. A social disorganization often follows such a loss, they are often unable to ensure their own survival… The loss and human suffering of those whose culture has been healthy and is suddenly attacked and disintegrated is incalculable.”
22. Statement made at the 1982 Western Social Science Association Annual Conference; quoted in Fantasies, p. 190.
23. Ibid., pp. 190–91.
24. Alexie, “White Men Can’t Drum.”
25. Ibid. The final example refers to an anecdote with which Alexie opens his article: “Last year on the local television news, I watched a short feature on a meeting of the Confused White Men chapter in Spokane, Wash. They were all wearing war bonnets and beating drums, more or less. A few of the drums looked as if they might have come from Kmart, and one or two of the men just beat their chests. ‘It's not just the drum,’ the leader of the group said, ‘it's the idea of the drum.’ I was amazed at the lack of rhythm and laughed, even though I knew I supported a stereotype. But it's true: White men can’t drum. They fail to understand that a drum is more than a heartbeat. Sometimes it is the sound of thunder, and many times it just means some Indians want to dance.”
26. Quoted in Fantasies, p. 194. It should be noted that Means’ sentiments correspond perfectly with those expressed by Gerald Wilkinson, head of politically much more conservative National Indian Youth Council, in a letter endorsing an action planned by Colorado AIM to halt the sale of ceremonies to nonindians in that state by Sun Bear in 1983: “The National Indian Youth Council fully supports your efforts to denounce, embarrass, disrupt, or otherwise run out of Colorado, [Sun Bear's] Medicine Wheel Gathering… For too long the Bear Tribe Medicine Society has been considered repugnant but harmless to Indian people. We believe they not only line their pockets but do great damage to us all. Anything you can do to them will not be enough.” Clearly, opposition to the misuse and appropriation of spiritual traditions is a transcendently unifying factor in Indian Country.
27. For an excellent overview of the German hobbyist tradition from its inception in the early twentieth century, see Hugh Honour, The New Golden Land: European Images of the Indian from the Discovery to the Present Time (New York: Pantheon, 1975).
28. Interestingly, at least some hobbyist replica objects—all of them produced by men who would otherwise view such things as “women's work”—are of such high quality that they have been exhibited in a number of ethnographic museums throughout Europe.
29. This seems to be something of a tradition on “The Continent.” As examples, “William Augustus Bowles, an American Tory dressed up as an Indian, managed to pass in the upper crust of London's society in 1791 as ‘commander-in-chief of the Creek and Cherokee’ nations… A person calling himself Big Chief White Horse Eagle, whose somewhat fictional autobiography was written by a German admirer (Schmidt-Pauli 1931), found it profitable to travel Europe in the 1920s and 1930s, adopting unsuspecting museum directors and chairmen of anthropology departments into his tribe… None of them, however, could match the most flamboyant fake Indian to visit Europe… This party, named Capo Cervo Bianco (Chief White Elk), arrived in Italy during the 1920s, claiming to be on his way to the League of Nations to represent the Iroquois of upstate New York. He was received by Mussolini and for a time managed to live richly out of his believers’ purses [until he was] exposed as an Italo-American by the name of Edgardo Laplant”; Christian F.Feest, “Europe's Indians,” in James A.Clifton, ed., The Invented Indian: Cultural Fictions & Government Policies (New Brunswick, NJ: Transaction, 1990) pp. 322–23. The reference is to Edgar von Schmidt-Pauli, We Indians: The Passion of a Great Race by Big Chief White Horse Eagle (London: Macmillan, 1931).
30. Feest, “Europe's Indians,” p. 323.
31. “Freesoul” claims to be the “sacred pipe carrier” of something called the “Redtail Hawk Medicine Society…established by Natan Lupan and James Blue Wolf…in 1974…fulfill [ing a] Hopi prophecy that new clans and societies shall emerge as part of a larger revival and purification of the Red Road”; see John Redtail Freesoul, Breath of the Invisible: The Way of the Pipe (Wheaton, IL: Theosophical Publishing House, 1986) pp. 104–5. For a heavy dose of the sort of metaphysical gibberish passed off as “traditional Cherokee religion” by “Ywahoo” and her Sunray Meditation Foundation, see her Voices of Our Ancestors (Boston: Shambala Press, 1987).
32. Feest, “Europe's Indians,” p. 323. For detailed exposure of Carlos Castaneda as a fraud, see Richard De Mille, Castaneda's Journey: The Power and the Allegory (Santa Barbara, CA: Capra Press, 1976). In his recent essay “Of Wild Men and Warriors,” moreover, Euroamerican Men's Movement practitioner Christopher X. Burant posits Tales of Power by “C.M.Castaneda” as one of his major sources; Harding, Wingspan, p. 176.
33. The Sun Dance is both culturally and geographically specific, and thus totally misplaced in the Black Forest among Germans. By extension, of course, this makes the series of Sun Dances conducted by Leonard Crow Dog in the Big Mountain area of the Navajo Nation, in Arizona, over the past twenty years equally misplaced and sacrilegious. A culturally specific ceremony is no more a “Pan-Indian” phenomenon than it is transcultural in any other sense.
34. Tipis were never designed to serve as mountain dwellings, which is why no American Indian people has ever used them for that purpose.
35. For a classic and somewhat earlier example of this sort of adoption of “Indian identity” by a German, see the book by Adolf Gutohrlein, who called himself “Adolf Hungry Wolf,” The Good Medicine (New York: Warner, 1973). Also see the volume he coauthored with his Blackfeet wife, Beverly, Shadows of the Buffalo (New York: William Morrow, 1983).
36. Feest, “Europe's Indians,” pp. 313–32. For a broader view on this and related matters, see the selections from several analysts assembled by Feest as Indians and Europe: An Interdisciplinary Collection of Essays (Aachen: Rader Verlag, 1987).
37. The roots of this perspective extend deep within the European consciousness, having been first articulated in clear form at least as early as the 1703 publication of a book by the Baron de Lahontan (Louis-Armand Lom d’Arce) entitled New Voyages to North-America (Chicago: A.C.McClurg &Co., 1905 reprint).
38. Feest, “Europe's Indians,” p. 327.
39. Concerning the fantasy dimension of hobbyist projections about “Indianness,” Dutch analyst Ton Lemaire probably put it best (in Feest's translation): “On closer look, these ‘Indians’ turn out to be a population inhabiting the European mind, not the American landscape, a fictional assemblage fabricated over the past five centuries to serve specific cultural and emotional needs of its inventors”; De Indiaan In Ons Bewustzijn: De Ontmoeting van de Oude met de Nieuwe Wereld (Baarn, Netherlands: Ambo S.V., 1986).
40. Implications attending use of the term “Wildman” in the European context, from which Robert Bly borrowed the concept, sheds a certain light on the U.S. Men's Movement's deployment of the term. From there, the real attitudes of both groups regarding American Indians stands partially revealed. See Susi Colin, “The Wild Man and the Indian in Early 16th Century Illustration,” in Feest, Indians and Europe, pp. 5–36.
41. Absent the appropriative fetishism regarding American Indian spiritual life marking the Men's Movement, there is a remarkable similarity between its composition and sentiments and those of another group of “Indian lovers” whose activities spawned disastrous consequences for native people during the nineteenth century. See Francis Paul Prucha, Americanizing the American Indian: Writings of the “Friends of the Indian,” 1800–1900 (Lincoln: University of Nebraska Press, 1973).
42. There was some talk among German activists, while I was in Germany during May 1993, of disrupting Bly's planned tour in July.
43. For analysis of the extent and implications of such activities on U.S. and Canadian reservation lands, see my Struggle far the Land: Native North American Resistance to Genocide, Ecocide and Colonization (Winnipeg: Arbeiter Ring, [2nd ed.] 1999). Also see “A Breach of Trust,” herein.
44. This represents an interesting inversion of the psychosis, in which the oppressed seeks to assume the identity of the oppressor, analyzed by Frantz Fanon in his Black Skin, White Masks: The Experiences of a Black Man in a White World (New York: Grove Press, 1967). Perhaps an in-depth study of the Men's Movement should be correspondingly entitled White Skin, Red Masks.
45. In terms of content, this comparison of nazi mysticism to that of the Men's Movement is not superficial. Aside from preoccupations with a fantastic vision of “Indianness”—Hitler's favorite author was Karl May, writer of a lengthy series of potboilers on the topic—nazi “spirituality” focused upon the mythos of the Holy Grail; see Nicholas Goodrick-Clark, The Occult Roots of Nazism: Secret Aryan Cults and Their Influence on Nazi Ideology (New York: New York University Press, 1992). Bly and his bunch have mixed up very much the same stew; see Robert Cornett, “Still Questing for the Holy Grail,” in Harding, Wingspan, pp. 137–42. Indeed, the movement pushes Emma Jung's and Marie-Louise von Franz's neonazi tract on the topic, The Grail Legend (London: Hodder and Stoughton, 1960), as “essential reading.” Another movement mainstay is John Matthews’ The Grail Quest for the Eternal (New York: Crossroads, 1981).
46. The Central Intelligence Agency, to name one governmental entity with an established track record of fabricating “social movements” which are anything but what they appear, has undertaken far more wacked out projects in the past; see John Marks, The Search for the Manchurian Candidate: The CIA and Mind Control (New York: W.W.Norton, 1979).
47. This is hardly a recent phenomenon, having been widely remarked in the literature by the mid-1960s. The semantic construction “dis-ease” accrues from British psychiatrist R.D.Laing's The Politics of Experience (New York: Ballantine, 1967).
48. Tapping into the malaise afflicting precisely this social stratum was the impetus behind the so-called “New Left” during the 1960s. For alternative approaches to organizing strategies in this sector, both of which failed, see Kirkpatrick Sale, SDS (New York: Random House, 1973), and Abbie Hoffman, The Woodstock Nation (New York: Vintage, 1969).
49. Occasionally, unsuccessful attempts are made to effect a synthesis addressing the whole. See, for example, Michael Albert, Leslie Cagan, Noam Chomsky, Robin Hahnel, Mel King, Lydia Sargent and Holly Sklar, Liberating Theory (Boston: South End Press, 1986).
50. For indigenous critique of marxism as being part and parcel of eurocentrism, see my edited volume, Marxism and Native Americans (Boston: South End Press, 1983). Also see “False Promises,” herein.
51. Rudi Dutschke was a crucially important leader of the German SDS (Socialistischer Deutscher Studentenbund) during the first major wave of student confrontation with state authority during the late 1960s. On March 11, 1968, he was shot in the head at close range by a would-be neonazi assassin. The wounds severely and permanently impaired Dutschke's physical abilities and eventually, in 1980, resulted in his death. Since Deutschke was a seminal New left theorist on antiauthoritarianism, it is unfortunate that the great bulk of his writing has never been published in English translation. For the single exception I know of, see his essay “On Anti-Authoritarianism,” in Carl Ogelsby, ed., The New Left Reader (New York: Grove Press, 1969) pp. 243–53.
52. As concerns American SDS (Students for a Democratic Society) founder Tom Hayden, he is now a very wealthy and increasingly liberal member of the California state legislature. Before his death, former SDS and YIPPIE! leader Jerry Rubin had become a stock consultant and operator of a singles club in Manhattan. Similarly, the late Eldridge Cleaver, one-time Minister of Information of the Black Panther Party and a founder of the Black Liberation Army, earned his living trumpeting right-wing propaganda. So does David Horowitz, once an editor of the radical Ramparts magazine. Rennie Davis, former SDS organizer and leader of the Student Mobilization to End the War in Vietnam, became an insurance hack and real estate speculator. Hayden, Rubin and Davis, defendants in the “Chicago 8” Conspiracy Trial, were considered at the time to be the “benchmark” Euroamerican radicals of their generation. The German SDS has surpassed all this: its first president, Helmut Schmidt, actually went on to become president of West Germany during the 1980s.
53. For a partial analysis of this phenomenon in the U.S., see Russell Jacoby, The Last Intellectuals: American Culture in the Age of Academe (New York: Basic Books, 1987).
54. Eldridge Cleaver, for instance, first became a “born again” Christian before converting to Mormonism. In 1971, Rennie Davis became a groupie of the then-adolescent guru, Maharaj Ji.
55. The trip was made with Bob Robideau, longtime AIM activist, codefendant of Leonard Peltier and former National Director of the Peltier Defense Committee, as well as M.Annette Jaimes and Paulette D’Auteuil.
56. The same recording is played in a seemingly endless loop in the United States. If I had a dollar for every white student or activist who has approached me over the past decade bemoaning the fact that he or she has “no culture,” I’d need no other income next year. If every American Indian received such payment, we could pool the proceeds, buy back North America and be done with it (just kidding, folks).
57. I personally date the advent of Europe from the coronation of Charlemagne as Roman Emperor in C.E. 800, and the subsequent systematic subordination of indigenous Teutonic peoples to central authority. In his book, The Birth of Europe (Philadelphia/New York: Evans- Lippencott, 1966), Robert Lopez treats this as a “prelude,” and dates the advent about two centuries later. In some ways, an even better case can be made that “Europe” in any true sense did not emerge until the mid-to-late fifteenth century, with the final Ottoman conquest of Byzantium (Constantinople), the defeat of the Moors in Iberia, and the first Columbian voyage. In any event the conquest and colonization of the disparate populations of the subcontinent must be viewed as an integral and requisite dimension of Europe's coming into being.
58. For interesting insights on the 800-year—and counting—Irish national liberation struggle against English colonization, see Ciarán de Baróid, Ballymurphy and the Irish War (London: Pluto Press, 1990). On the Euskadi, see Cyrus Ernesto Zirakzadeh, A Rebellious People: The Basques, Protests and Politics (Reno: University of Nevada Press, 1991).
59. Although I doubt this is a “definitive” attribution, I first heard the matter put this way by the late Creek spiritual leader Philip Deer in 1982.
60. As Carolyn Merchant observes in her book, The Death of Nature: Women, Ecology and the Scientific Revolution (San Francisco: Harper, 1980, pp. 134, 140): “Based on a fully articulated doctrine emerging at the end of the fifteenth century in the antifeminist tract Malleus Maleficarum (1486), or Hammer of the Witches, by the German Dominicans Heinrich Institor and Jacob Sprenger, and in a series of art works by Hans Baldung Grien and Albert Dürer, witch trials for the next two hundred years threatened the lives of women all over Europe, especially in the lands of the Holy Roman Empire… The view of nature associated with witchcraft was personal animism. The world of the witches was antihierarchical and everywhere infused with spirits. Every natural object, every animal, every tree contained a spirit.” Sound familiar? These women who were being burned alive, were thus murdered precisely because they served as primary repositories of the European subcontinent's indigenous codes of knowledge and corresponding “pagan” ritual.
61. The Cherokee artist Jimmie Durham tells a story of related interest. In 1986, after delivering an invited lecture at Oxford, he was asked whether he’d like to visit a group “who are actually indigenous to these islands.” Somewhat skeptically, he accepted the invitation and was driven to a nearby village where the inhabitants continued to perform rites utilizing a variety of objects, including a pair of reindeer antlers of a species extinct since the last Ice Age (roughly 15,000 years ago). It turns out the people were of direct lineal Pictic descent and still practiced their traditional ceremonies, handed down their traditional stories, and so forth. The British government, getting wind of this, subsequently impounded the antlers as being “too important for purposes of science” to be left in possession of the owners. Those dispossessed were then provided a plastic replica of their sacred item, “so as not to disturb their religious life.”
62. From Russell Means, “Fighting Words on the Future of Mother Earth,” Mother Jones, Feb. 1981.
63. See Wilhelm Reich, The Mass Psychology of Fascism (New York: Farrar, Straus & Giroux, 1970). Also see George L.Mosse, Nazi Culture: Intellectual, Cultural and Social Life in the Third Reich (New York: Schocken, 1966).
64. An excellent early study of these dynamics may be found in Hermann Raushning, The Revolution of Nihilism: A Warning to the West (New York: Longmans, Green, 1939). More recently, see Fritz Stern, The Politics of Cultural Despair: A Study in the Rise of Germanic Ideology (Berkeley: University of California Press, 1961), and Robert A.Pois, National Socialism and the Religion of Nature (London/Sydney: Croom Helm, 1986).
65. During the two weeks I was in the newly reunified Germany, five refugees—all people of color —were murdered by neonazi firebombings. Another forty were injured in the same manner. The German legislature repealed Article 16 of the Constitution, an important antinazi clause guaranteeing political asylum to all legitimate applicants, and opening the door to mass deportation of non-whites. The legislature also severely restricted women's rights to abortions, while continuing its moves toward repeal of a constitutional prohibition against German troops operating anywhere beyond the national borders. Meanwhile, the government locked the Roma-Cinti Gypsies out of the former Neuengemme concentration camp where their ancestors had been locked in, en route to the extermination center at Auschwitz. This was/is part of an official effort to drive all Gypsies out of Germany (again); 120 million Deutschmarks were authorized for payment to Poland to convince it to accept an unlimited number of Roma deportees, while another 30 million each were earmarked as payments to Rumania and Macedonia for the same purpose (yet another such deal is being cut with Slovakia). Overtly nazi-oriented organizations are calling for the reacquisition of Silesia and parts of Prussia—eastern territories lost to Poland at the end of World War II—and are striking responsive chords in some quarters. See generally, Martin A.Lee, The Beast Reawakens: Fascism's Resurgence from Hitler's Spymasters to Today's Neo-Nazis and Right-Wing Extremists (New York: Routledge, 1999).
66. The autonomen, which may have been the defining characteristic of the German opposition movement during the 1990s, were quite proliferate and essentially anarchistic in their perspective; see generally, George Katsiaficas, The Subversion of Politics: European Autnomous Social Movements and the Decolonization of Everyday Life (New York: Humanities Press, 1997).
67. I was rather stunned by the sheer number of “squats”—usually abandoned commercial or apartment buildings in which a large number of people can live comfortably—in Germany. Some, like the Haffenstrasse in Hamburg and Keiffenstrasse in Dusseldorf—each comprising an entire block or more of buildings—have been occupied for more than a decade and serve not only as residences, but bases for political organizing and countercultural activities. For context, see Anders Corr, No Trespassing: Squatting, Rent Strikes, and Land Struggles Worldwide (Cambridge, MA: South End Press, 1999). On related phenomena in Holland, see Adilkno, Cracking the Movement: Squatting Beyond the Movement (Brookyn, NY: Autonomedia, 1990).
68. See Hamilton T.Burden, The Nuremberg Party Rallies, 1923–39 (New York: Praeger, 1967).
69. On Wewelsburg castle, see Heinz Höhne, The Order of the Death's Head: The Story of Hitler's SS (New York: Coward-McCann, 1969) pp. 151–53. For photographs, see the section entitled “Dark Rites of the Mystic Order” in Editors, The SS (Alexandra, VA: Time-Life Books, 1988) pp. 38–9. The scenes of Wewelsburg should be compared to those described in Isabel Wyatt's From Round Table to Grail Castle (Sussex, U.K.: Lanthorn Press, 1979), a work highly recommended by leaders of the U.S. Men's Movement today.
70. For analysis of the settler state phenomenon, see J.Sakai, Settlers: The Mythology of the White Proletariat (Chicago: Morningstar Press, 1983).
71. This bizarre concept cuts across all political lines in settler state settings. In the U.S., to take what is probably the most pronounced example, reactionary ideologues have always advanced the thesis that American society comprises a racial/cultural “melting pot” which has produced a wholly new people, even while enforcing racial codes implying the exact opposite. Their opposition, on the other hand, has consistently offered much the same spurious argument. Radical Chicanos, for instance, habitually assert that they represent “la Raza,” a culturally-mixed “new race” developed in Mexico and composed of “equal parts Spanish and Indio blood.” Setting aside the question of what, exactly, a “Spaniard” might be in genetic terms—the contention is at best absurd. During the three centuries following the conquest of Mexico, approximately 200,000 immigrants arrived there from Iberia. Of these, about one-third were Moors, and another one-third were Jewish “converses” (both groups were being systematically “exported” from Spain at the time, as an expedient to ridding Iberia of “racial contaminants”). This left fewer than 70,000 actual “Spaniards,” by whatever biological definition, to be genetically balanced against nearly 140,000 “other” immigrants, and some thirty million Indians native to Mexico. Moreover, the settlers brought with them an estimated 250,000 blade chattel slaves, virtually all of whom eventually intermarried. Now, how aU this computes to leaving a “half-Spanish, half- Indio” Chicano population as an aftermath is anybody's guess. Objectively, the genetic heritage of la Raza is far more African —black and Moorish—than European, and at least as much Jewish (Semitic) as Spanish. See Peter Boyd-Bowman, Patterns of Spanish Immigration to the New World, 1493–1580 (Buffalo: State University of New York Council on the Humanities, 1973); Magnus Mörner, Race Mixture in the History of Latin America (Boston: Little, Brown, 1967) esp. p. 58.
72. The worst among them, of course, understands the nature of nazism and therefore embraces it; Howard Bushart, John P.Craig and Myra Barnes, Soldiers of God: White Supremacists and Their Holy War for America (New York: Pinnacle, 1999). The “mainstream,” on the other hand— including the bulk of the state bureaucracy—simply accepts the privileges attending white supremacism as its collective “destiny”; George Lipsitz, The Possessive Investment in Whiteness: How White People Profit from Identity Politics (Philadelphia: Temple University Press, 1998).
73. For a classic articulation of this pervasive theme, see J.H.Elliott, “The Rediscovery of America,” New York Review of Books, June 24, 1993: “Stannard takes the easy way out by turning his book into a high-pitched catalogue of European crimes, diminishing in the process the message he wants to convey. In particular, his emotive vocabulary seems self-defeating. ‘Holocaust,’ ‘genocide,’ even ‘racism,’ carry with them powerful contemporary freight… ‘Genocide,’ as used of the Nazi treatment of the Jews, implies not only mass extermination, but a clear intention on the part of a higher authority [and] it debases the word to write, as Stannard writes, of ‘the genocidal encomienda system,’ or to apply it to the extinction of a horrifyingly large proportion of the indigenous population through the spread of European diseases.” Elliott is critiquing David E.Stannard's superb American Holocaust: Conquest of the New World (New York: Oxford University Press, 1992), in which official intentionality—including intentionality with regard to inculcation of disease as a means of extermination—is amply demonstrated.
74. Even Frank Parella, whose graduate thesis Lebensraum and Manifest Destiny: A Comparative Study in the Justification of Expansion (Washington, D.C.: Georgetown University, 1950) was seminal in opening up such comparisons, ultimately resorted to feeble “philosophical distinctions” in order to separate the two processes in his concluding section. For clarification of a sort unavailable to Parella, see Adolf Hitler, Hitler's Secret Book (New York: Grove Press, 1961) pp. 46–52.
75. James Axtell, presentation at the American Historical Association Annual Conference, Washington, D.C., Dec. 1992. For fuller elaborations of such inane apologia, see this “preeminent American historian's” After Columbus: Essays in the Ethnohistory of Colonial North America (New York: Oxford University Press, 1988) p. 44; Beyond 1492: Encounters in Colonial North America (New York: Oxford University Press, 1992) p. 261.
76. See, for example, Robert Roybal's observation in his 1492 and All That: Political Manipulations of History (Washington, D.C.: Ethics and Public Policy Center, 1992): “Whatever evils the Spanish introduced [to the “New World” of the Aztecs]—and they were many and varied—they at least cracked the age-old shell of a culture admirable in many ways but pervaded by repugnant atrocities and petrification.” Leaving aside the matter of Aztec “atrocities”—which mostly add up to time-honored but dubious Euroamerican mythology—the idea of applying terms like “age-old” or “petrified” to this culture, which existed for barely 500 years at the time of the Spanish conquest, speaks for itself. Roybal hadn’t a clue what he was prattling on about.
77. For a good overview of traditional American Indian concepts and modes of warfare, see Tom Holm, “Patriots and Pawns: State Use of American Indians in the Military and the Process of Nativization in the United States,” in Jaimes, State of Native America, pp. 345–70.
78. Revolutionary Communist Party USA, “Searching for the Second Harvest,” in my Marxism and Native Americans, pp. 35–58. It is illuminating to note that the RCP, which professes to be totally at odds with the perspectives held by the Euroamerican status quo, lifted its assertion that ancient Indians consumed a “second harvest” of their own excrement verbatim from an hypothesis recently developed by a pair of the most “bourgeois” anthropologists imaginable, as summarized in that “cidatel of establishment propaganda,” the New York Times, on Aug. 12, 1980. A better illustration of the confluence of interest and outlook regarding native people in Euroamerica, between what the RCP habitually (and accurately) describes as “fascism,” and the party itself, would be difficult to find.
79. In reality, about two-thirds of all vegetal foodstuffs commonly consumed by humanity today were under cultivation in the Americas—and nowhere else in the world—at the time the European invasion begin. Indians were thus the consummate farmers on the planet in 1492. Plainly, then, we taught Europe the arts of diversified agriculture, not the other way around (as eurocentric mythology insists). For further information, see Jack Weatherford, Indian Givers: How the Indians of the Americas Transformed the World (New York: Crown, 1988).
80. For example: George Wuerthner, “An Ecological View of the Indian,” Earth First!, Vol. 7, No. 7, Aug. 1987. This rather idiotic argument is closely related to that of the quasiofficial Smithsonian Institution, adopted in to to by the RCP, that native people traditionally engaged in such environmentally devastating practices as “jumpkilling” masses of bison—that is to say, driving entire herds off cliffs—in order to make use of a single animal; RCP, “Searching for the Second Harvest, p. 45.
81. Consider, for instance, editor Jason Quinn's patronizing dismissal of the idea that, since nature itself functions in terms of multitudinous interactive hierachies, certain condemnations of social hierarchy might be “anti-natural.” The very idea, he claims, is suitable only to an “authoritarian…not overly concerned with freedom”; Anarchy, No. 37, Summer 1993, p. 74. In the process, of course, he neatly (if unwittingly) replicates eurocentrism's fundamental arrogance, that of completely separating “social and institutional”—that is to say, human—undertakings from the rest of the natural world.
82. For solid rejoinders to such “worries” on the part of Euroamerican feminists, see Janet Stilman, ed., Enough is Enough: Aboriginal Women Speak Out (Toronto: Women's Press, 1987).
83. For a foremost articulation of the absurd notion that all or even most Indians were traditionally homosexual or at least bisexual—which has made its author a sudden celebrity among white radical feminists and recipient of the proceeds deriving from having a mini-bestseller on her hands as a result—see Paula Gunn Allen, The Sacred Hoop: Recovering the Feminine in Native American Traditions (Boston: Beacon Press, 1986, p. 256): “[L]esbianism and homosexuality were probably commonplace. Indeed, same-sex relationships may have been the norm for primary pair bonding…the primary personal unit tended to include members of one's own sex rather than members of the opposite sex.” For a counterpart male proclamation, see Walter Williams, The Spirit and the Flesh: Sexual Diversity in American Indian Culture (Boston: Beacon Press, 1986). Both writers waltz right by the fact that if homosexuals were considered special, and therefore sacred, in traditional native societies—a matter upon which they each remark accurately and approvingly—then homosexuality could not by definition have been “commonplace” since that is a status diametrically opposed to that of being “special.” Both Allen and Walters are simply playing to the fantasies of gay rights activists, using Indians as props in the customary manner of Euroamerica.
84. The language is taken from a note sent to me on June 7, 1993, by an airhead calling himself “Sky” Hiatt. It was enclosed along with a copy of Peter Singer's Animal Liberation (New York: New York Review of Books, 1975). Actually, the Euroamerican “animal liberation” movement is no joking matter to native people, as white activists—most of whom have never lifted a finger in defense of indigenous rights of any sort, and some of whom have openly opposed them—have come close to destroying what remains of traditional Inuit and Indian subsistence economies in Alaska and Canada; see Jerry Mander, In the Absence of the Sacred: The Failure of Technology and the Survival of the Indian Nations (San Francisco: Sierra Club Books, 1991) pp. 287, 296, 387.
85. This premise is simply a cultural paraphrase of the standard psychotherapeutic tenet that a pathology cannot begin to be cured until the person suffering from it first genuinely acknowledges that s/he is afflicted.
86. This is, of course, already happening. Witness, for example, the observation of Lance Morrow in the Aug. 19, 1991 issue of Time: “Bly may not be alive to certain absurdities in the men's movement…a silly, self-conscious attempt at manly authenticity, almost a satire of the hairy-chested… As a spiritual showman (shaman), Bly seeks to produce certain effects. He is good at them. He [therefore] could not begin to see the men's movement, and his place within it, as a depthless happening in the goofy circus of America.”
87. Quoted in Virginia Irving Armstrong, ed., I Have Spoken: American History Through the Voices of the Indians (Chicago: Swallow Press, 1971) p. 79.
1. James R.Walker, Raymond J.DeMallie and Elaine A.Jahner, Lakota Belief and Ritual (Lincoln: University of Nebraska Press, 1991).
2. See, e.g., Vine Deloria, Jr., “Native American Spirituality,” in his For This Land: Writings on Religion in America (New York: Routledge, 1999) pp. 130–35.
3. Martin Bernal, Black Athena: The Afroasiatic Roots of Classical Civilization, Vol. 1: The Fabrication of Ancient Greece, 1785–1985 (New Brunswick, NJ: Rutgers University Press, 1989); V.Y. Mudimbe, The Idea of Africa (Bloomington: Indiana University Press, 1994); Tsenay Serequeberhan, Our Heritage (Lanham, MD: Rowman and Littlefield, 2000).
4. Ermano Bencivenga, Hegel's Dialectical Logic (New York: Oxford University Press, 2000).
5. Marx would, no doubt, be supremely uncomfortable with this classification, if only because he subsequently defined his thought as having been antithetical to that of the Young Hegelians; Karl Marx, The German Ideology (New York: New World, 1963) pp. 5–7. The nature of the resulting synthesis is, however, explored rather thoroughly by Warren Breckman in his Marx, the Young Hegelians, and the Origins of Radical Social Theory: Dethroning the Self (Cambridge, U.K.: Cambridge University Press, 1999).
6. Karl Marx, Economic and Philosophic Manuscripts of 1844 (New York: International, 1964).
7. As Marx put it, “My dialectic method is not only different from the Hegelian, but is its direct opposite. To Hegel, [mystical idealism] is the demiurgos of the real world… With me, on the contrary, the ideal is nothing else than the material world reflected by the human mind”; Karl Marx, Capital, Vol. I (London: Lawrence and Wishart, 1961) p. 19. Also see Karl Marx, The Holy Family (London: Lawrence and Wishart, 1956) pp. 115–16.
8. Marx, Holy Family, pp. 79–82.
9. See the essay entitled “White Studies: The Intellectual Imperialism of U.S. Higher Education,” in my From a Native Son: Selected Essays in Indigenism, 1985–1995 (Boston: South End Press, 1996) pp. 271–94.
10. Michael Albert, Unorthodox Marxism: An Essay on Capitalism, Socialism and Revolution (Boston: South End Press, 1978) pp. 52–53. Also see John Rosenthal, The Myth of Dialectics: Reinterpreting the Marx-Hegel Relation (New York: Palgrave, 1998).
11. Marx, German Ideology, p. 197.
12. Ibid., p. 7.
13. Genesis, 1:26.
14. See, as examples, “A Contribution to the Critique of Hegel's Philosophy of Right,” in Karl Marx: Early Writing (London: C.A.Watts, 1963) pp. 43–44; Marx, Holy Family, p. 201.
15. Deloria, “Native Spirituality,” pp. 131–32.
16. Genesis, 1:26–9.
17. Vine Deloria, Jr., “The Coming of the People,” in his For This Land, pp. 235–42.
18. See generally, Robert Anchor, The Enlightenment Tradition (New York: Harper & Row, 1967); Terence M.S.Evens, Two Kinds of Rationality (Minneapolis: University of Minnesota Press, 1995). Concerning Marx specifically, see as examples, his Economic and Philosophic Manuscripts, pp. 105, 109, 111; German Ideology, pp. 13–4, 19–21; Holy Family, 79–82;
19. Russell Means, “The Same Old Song,” in my Marxism and Native Americans (Boston: South End Press, 1983) pp. 28–29; Deloria, “Native Spirituality,” pp. 131–32. For an interesting correlation to this view, coming from a completely different dirrection, see Bernard S. Silberman, Cages of Reason: The Rise of the Rational State in France, Japan, the United States, and Great Britain (Chicago: University of Chicago Press, 1993).
20. For a very good, if unintended, survey of this theme, see Robyn M.Dawes, Everyday Irrationality: How Pseudoscientists, Lunatics, and the Rest of Us Fail to Think Rationally (Boulder, CO: Westview Press, 2001).
21. For what may be the best delineation of Marx's internal/external relations schema, see Bertell Ollman, Alienation: Marx's Conception of Man in Capitalist Society (Cambridge, U.K.: Cambridge University Press, 1976).
22. Gustav A.Wetter, Dialectical Materialism (London: Routledge, 1958).
23. See, as examples, Marx, German Ideology, p. 7; The Poverty of Philosophy (London: Lawrence and Wishart, n.d.) pp. 180–82; “Preface to A Contribution to the Critique of Political Economy” in Karl Marx and Frederick Engels: Selected Works, Vol. 1 (London: Lawrence and Wishart, 1962) pp. 362–63.
24. Marx, Economic and Philosophic Manuscripts, pp. 72–73, 103. Also see Erich Fromm, Marx's Concept of Man (New York: Frederick Ungar, 1961).
25. As examples, Marx, “Wage Labour and Capital,” Selected Works, Vol. 1, pp. 82–83; German Ideology, pp. 13–4, 19–21; Capital, Vol. I, p. 361; Marx and Frederick Engels, Manifesto of the Communist Party (Moscow: Progress, n.d.) pp. 80–81.
26. For one of the better overviews, see Stanley Aronowitz, The Crisis in Historical Materialism: Class, Politics and Culture in Marxist Theory (Minneapolis: University of Minnesota Press, 1990).
27. The classic in this connection is of course Mao Zedung's On Contradiction, included in Selected Works of Mao Tse-Tung, Vol. I (Peking: Foreign Languages Press, 1975) pp. 311–47.
28. As examples, Marx, Economic and Philosophic Manuscripts, pp. 113–14; German Ideology, pp. 9– 13; Poverty of Philosophy, pp. 80–82; Holy Family, p. 125; Marx and Engels, Communist Manifesto, pp. 60–62. Overall, see Aronowitz, Historical Materialism.
29. Louis Althusser, For Marx (New York: Vintage, 1970).
30. Albert, Unorthodox Marxism, p. 58.
31. Jean Baudrillard, The Mirror of Production (St. Louis: Telos Press, 1975).
32. Means, “Same Old Song,” p. 26.
33. As examples, Karl Karx, “Wages, Price and Profit,” in Selected Works, Vol. 1, pp. 414–31; Poverty of Philosophy, pp. 40–42, 47–48, 53–54, 167; Capital, Vol. I, pp. 40, 395, 520, 522. Also see Samir Amin, Law of Value and Historical Materialism (New York: Monthly Review Press, 1979).
34. Means, “Same Old Song,” p. 22.
35. Maurice Merleau-Ponty, Adventures of the Dialectic (Evanston, IL: Northwestern University Press, 1973).
36. Jean-Paul Sartre, Critique of Dialectical Reason, Vol. 1: Theory of Practical Ensembles (London: Verso, 2001); Search for a Method (New York: Alfred A.Knopf, 1963).
37. Theodor W.Adorno, Negative Dialectics (New York: Continuum, 1983); Herbert Marcuse, Negations: Essays in Critical Theory (Boston: Beacon Press, 1969). Overall, see Martin Jay, The Dialectical Imagination: A History of the Frankfurt School and the Institute for Social Research, 1923– 1950 (Berkeley: University of California Press, 1996).
38. David Ingram, Habermas and the Dialectic of Reason (New Haven: Yale University Press, 1989).
39. J.V.Stalin, The Foundations of Leninism (Peking: Foreign Languages Press, 1970); Neil Harding, Leninism (Durham, NC: Duke University Press, 1996).
40. For further amplification, see Ronald L.Meek, Studies in the Labor Theory of Value (New York: Monthly Review Press, 1956).
41. Aronowitz, Historical Materialism; Karl Bober, Marx's Interpretation of History (Cambridge, MA: Harvard University Press, 1950).
42. “Communism is the riddle of history solved, and it knows itself to be this solution”; Marx, Economic and Philosophic Manuscripts, p. 102.
43. Marx, “Preface,” in Selected Works, Vol. 1, pp. 362–64.
44. See Elisabeth R.Lloyd, “Marx's General Cultural Theoretics,” in my Marxism, esp. pp. 80– 81.
45. As examples, see Marx, Pre-Capitalist Economic Formations (London: Lawrence and Wishart, 1964) pp. 68–83; Capital, Vol. I, pp. 356–58. For an illustration of where such conflation led, see the section entitled “The Old Feudal Society” in Mao Zedung's “The Chinese Revolution and the Chinese Communist Party,” in Selected Works of Mao Tse-Tung, Vol. II (Peking: Foreign Languages Press, 1975) pp. 307–9.
46. For apparent confirmation of this suspicion, see Marx, German Ideology, pp. 9–13.
47. For discussion, see Judith Butler, Ernesto Laclau and Slavoj Zizek, Contingency, Hegemony, Universality: Contemporary Dialogues on the Left (London: Verso, 2000).
48. “In broad outlines, the Asiatic, ancient, feudal, and modern bourgeois modes of production can be designated as progressive epochs in the economic formation of society [and] the mode of production conditions the social, political, and intellectual life processes in general”; Marx, “Preface,” pp. 363, 364.
49. It is worth noting that the cultural hierarchy thus elaborated is entirely consistent with the biological hierarchy proferred by contemporaneous scientific racists like Samuel George Morton and Josiah Clark Nott; William Stanton, The Leopard's Spots: Scientific Attitudes Toward Race in America, 1815–59 (Chicago: University of Chicago Press, 1960). That Marx shared many of these ideas seems likely, given his favorable view of Charles Darwin's tendency to analogize evolutionary theory to social contexts; see, e.g., the letter written by Marx to Engels on June 18, 1862, included in Marx and Engels: Selected Correspondence (London: Lawrence and Wishart, 1956) pp. 156–57.
50. See generally, Shlomo Alvinari, Karl Marx on Colonization and Modernization (Garden City, NY: Doubleday, 1969).
51. This is brought out rather well by Vine Deloria, Jr., in his essay “Circling the Same Old Rock,” in my Marxism, pp. 113–36.
52. Marx, Pre-Capitalist Economic Formations, Manuel Gottlieb, Comparative Economic Systems: Preindustrial and Modern Case Studies (Ames: Iowa State University Press, 1988).
53. For a good taste of this, see Samir Amin, Un-Equal Development: An Essay on the Social Formations of Peripheral Capitalism (New York: Monthly Review Press, 1976); Maldevelopment: Anatomy of a Global Failure (New York: Monthly Review Press, 1984).
54. “Our conception of history depends on our ability to expound the real process of production, starting out from the simple material production of life, and to comprehend the form of the intercourse connected with this and created by this.” Hence, cultures which remain content with “the simple material production of life…have no history, no development, [unlike] men, developing their material production, and their material intercourse, [who] alter, along with their real existence, their thinking and the products of their thinking”; Marx, German Ideology, pp. 15, 28. For implications, see Eric Wolf, Europe and the People Without History (Berkeley: University of California Press, 1982).
55. Martin Jay, Marxism and Totality: The Adventure of a Concept from Lukacs to Habermas (Berkeley: University of California Press, 1984).
56. There is of course no other way the famous phrase in the Communist Manifesto concerning “workers of the world” can be understood. This is especially telling, given the book's opening sentence, which presents “a spectre haunting Europe (emphasis added).” In any event, to fill in the blanks, see C.L.R.James, World Revolution, 1917–1936: The Rise and Fall of the Communist International (New York: Hyperion, 1973); John Gerassi, ed., The Coming of the New International (New York: World, 1971).
57. Marx, Early Writings, pp. 27–31; German Ideology, pp. 67–69; Capital, Vol. I, pp. 762–64; Capital, Vol. III (London: Lawrence and Wishart, 1962) pp. 245, 252–53. Also see Marx and Engels, Communist Manifesto, pp. 55–57, 67–68.
58. Gavin Kitching, Karl Marx and the Philosophy of Praxis (New York: Routledge, 1988).
59. Mark Seldon, “Revolution and Third World Development: People's War and the Transformation of Peasant Societies,” in Norman Miller and Robert Aya, eds., National Liberation: Revolution in the Third World (New York: Free Press, 1971) pp. 214–48; Gérard Chaliand, Revolution in the Third Word: Myths and Prospects (New York: Viking, 1977); Gordon White, “Revolutionary Socialist Devel opment in the Third World: An Overview,” in Gordon White, Robbin Murray and Christine White, eds., Revolutionary Socialist Development in the Third World (Knoxville: University of Kentucky Press, 1983) pp. 1–34.
60. M.Tamarkin, The Making of Zimbabwe: Decolonization in Regional and International Politics (New York: Frank Cass, 1990).
61. For a broader view, see Alexander J.Motyl, The Post-Soviet Nations: Perspectives on the Demise of the USSR (Berkeley: University of California Press, 1992).
62. Ivo Banac, The National Question in Yugoslavia: Origins, History, Politics (Ithaca, NY: Cornell University Press, 1989); Aleksa Djilas, The Contested Country: Yugoslav Unity and Communist Revolution, 1919–1953 (Cambridge, MA: Harvard University Press, 1996).
63. Jorge Palacios, Chile: An Attempt at Historic Compromise During the Allende Years (London: Banner Press, 1979).
64. Dennis Herbstein and John Evenson, The Devils Among Us: The War for Namibia (London: Zed Books, 1989).
65. See generally, Timothy P.Wickham-Crowley, Guerrillas and Revolution in Latin America (Princeton, NJ: Princeton University Press, 1993).
66. V.I.Lenin, Questions of National Policy and Proletarian Internationalism (Moscow: Progress, 1970).
67. For framing, see James Blaut, The National Question: Decolonizing the Theory of Nationalism (London: Zed Books, 1987); Nicole Arnaud and Jacques Dofny, Nationalism and the National Question (Montréal: Black Rose Books, 1996).
68. W.Ofuatey-Kodjoe, The Principle of Self-Determination in International Law (Hamdon, CT: Archon Books, 1972); A.Rigo-Sureta, The Evolution of the Right to Self-Determination: A Study of United Nations Practice (Leyden, Netherlands: A.W.Sijhoff, 1973).
69. See G.Stekloff, History of the First International (New York: Russell and Russell, 1968).
70. The formulation used here was advanced by Joseph V.Stalin, in a section entitled “The Nation” in his Marxism and the National Question: Selected Writings and Speeches (New York: International, 1942). Also see John Hall, “Nationalisms, Classified and Explained,” S.Periwal, ed., Notions of Nationalism (Budapest: Central European University Press, 1995) pp. 8–33.
71. Ofuatey-Kodjoe, Principle of Self-Determination; Hannum Hurst, Autonomy, Sovereignty, and Self-Determination (Philadelphia: University of Pennsylvania Press, 1990).
72. Michla Pomerance, Self-Determination in Law and Practice (The Hague: Martinus Nijhoff, 1982).
73. Roxanne Dunbar Ortiz, Indians of the Americas: Human Rights and Self-Determination (London: Zed Books, 1984); Glenn T.Morris, “In Support of the Right to Self-Determination of Indigenous Peoples Under International Law,” German Yearbook of International Law, No. 29, 1986; Catherine J.Jorns, “Indigenous Peoples and Self-Determination: Challenging State Sovereignty,” Case Western Reserve Journal of International Law, No. 24, 1992.
74. Karl Marx and Frederick Engels, Ireland and the Irish Question (New York: International, 1972).
75. See, e.g., Karl Marx, “The Civil War in France,” in Selected Writings, p. 527. Overall, see S. Shaheen, The Communist Theory of Self-Determination (The Hague: W.Van Hoeve, 1956).
76. Engels is quoted abundantly on the topic in Stekloff, First International.
77. Alvinari offers a truly remarkable selection of quotes in Marx on Colonization and Modernization.
78. Much of this is traced out by Renaldo Munck in his The Difficult Dialogue: Marxism and the National Question (London: Zed Books, 1986). Also see Blaut, National Question.
79. Again, ample quotation will be found in Alvinari, Marx on Colonization and Modernization. Also see Emmanuel Terray, Marxism and “Primitive” Societies: Two Studies (New York: Monthly Review Press, 1972).
80. A very good explication of the principles involved will be found in Alan Sica's Weber, Irrationality and Social Order (Berkeley: University of California Press, 1988). For a very solid rejoinder to the Marx/Weber conception of rationality, see Leopold Kohr, The Overdeveloped Nations: The Diseconomies of Scale (New York: Schocken Books, 1978).
81. The implications of such thinking are traced rather well in Michael S.Teitelbaum's and J.M. Winter's A Question of Numbers: High Migration, Low Fertility, and the Politics of National Identity (New York: Hill and Wang, 1998).
82. Leon Trotsky, History of the Russian Revolution (New York: Pathfinder Press, 2001) p. 1157.
83. Roman Szporluk, Communism and Nationalism: Karl Marx vs. Friedrich List (New York: Oxford University Press, 1988). Also see John Schwartzmantel, Socialism and the Idea of the Nation (Hemel Hempstead, U.K.: Harvester Wheatsheaf, 1991).
84. The concept is set forth with reasonable clarity by V.I.Lenin in an essay entitled “The Principles of Socialism and the War of 1914–1918,” in Lenin on War and Peace (Peking: Foreign Languages Press, 1970) esp. pp. 11–2, 26–27. Also see Ephraim Nimni, Marxism and Nationalism: Theoretical Origins of a Political Crisis (London: Pluto Press, 1991).
85. See, e.g., Mao Zedung's “The Chinese Communist Party and China's Revolutionary War,” in Selected Works of Mao Tse-Tung, Vol. I, pp. 191–94.
86. For discussion, see Clifford Geertz, “The Integrative Revolution: Primordial Sentiments and Civil Politics in the New States,” in his Old Societies and New States: The Quest far Modernity in Asia and Africa (New York: Free Press, 1963) pp. 107–13; Nicos Poulantzas, State, Power and Socialism (London: New Left Books, 1980); Erica Benner, Really Existing Nationalisms: A Post-Communist View from Marx and Engels (Oxford, U.K.: Clarendon Press, 1995); Berch Berberoglu, The National Question: Nationalism, Ethnic Conflict, and Self-Determination in the 20th Century (Philadelphia: Temple University Press, 1995).
87. Walker Connor, The National Question in Marxist-Leninist Theory and Strategy (Princeton: Princeton University Press, 1984) p. 14.
88. The thrust of Luxemburg's argument is set forth in The National Question (New York: International, 1976). Her ideas are carried forward to a considerable extent by Paul Brass, in his Ethnicity and Nationalism: Theory and Comparison (Beverly Hills, CA: Sage, 1991).
89. For an outline of Lenin's opposing position, see the sections entitled “Cultural-National Autonomy” and “The Utopian Karl Marx and the Practical Rosa Luxemburg” in his Critical Remarks on the National Question, The Right of Nations to Self-Determination (Moscow: Progress, 1971) pp. 14–20, 78–84.
90. Ibid., p. 26.
91. Stalin, Marxism and the National Question, p. 23.
92. Connor, National Question, p. 35.
93. Quoted in Jesse Clarkson, A History of Russia (New York: Random House, 1961) p. 636.
94. Jeremy Smith, The Bolsheviks and the National Question, 1917–1923 (New York: Palgrave, 1999).
95. Connor, National Question, p. 77.
96. See Mark von Hagen, “The Russian Empire,” and Victor Vaslavsky, “The Soviet Union,” both in Karen Barkey and Mark von Hagen, eds., After Empire: Multiethnic Societies and Nation-Building: The Soviet Union and the Russian, Ottoman, and Hapsburg Empires (Boulder, CO: Westview Press, 1997).
97. Connor, National Question, p. 79. For detail, see Dick Wilson, The Long March: The Epic of Chinese Communist Survival (New York: Viking, 1971).
98. Connor, National Question, p. 87.
99. Ibid. For fuller background see the essays collected in Frank Dittmer and Samuel S.Kim, eds., China's Quest for National Identity (Ithaca, NY: Cornell University Press, 1993).
100. Robert L.Mole, The Montagnards of Vietnam: A Study of Nine Tribes (Rutland, VT: Charles E.Tuttle, 1970); Paul Seitz, Men of Dignity: The Montagnards of South Vietnam (Paris: Jacques Barthelemy, 1975).
101. See, e.g., Ho Chi Minh, On Revolution: Selected Writings, 1920–1966 (New York: New American Library, 1967).
102. John Prados, Presidents’ Secret Wars: CIA and Pentagon Secret Operations since World War II (New York: William Morrow, 1986) pp. 255–56.
103. Ibid., pp. 244–45, 251–55.
104. Ibid., p. 255–56.
105. In July 1985, while serving as a representative of the International Indian Treaty Council, I met with Vietnamese U.N. delegates in Geneva to discuss a possible trip to Vietnam. All went well until they realized that visits to the highlands provinces of Pleiku and Kontum were included in my proposed itinerary. These, I was informed, would be impossible insofar as the government could not guarantee my security therein. When I inquired whether this was because FULRO remained active in that area, my hosts appeared startled and abruptly terminated our meeting. To this day, reference to FULRO and/or the “Montagnard Question” remains absent from official Vietnamese statements.
106. See, e.g., Noam Chomsky, “The Wider War,” in his For Reasons of State (New York: Vintage, 1973) pp. 172–211. Also see my and Glenn T.Morris’ “Between a Rock and a Hard Place: Left-Wing Revolution, Right-Wing Reaction, and the Destruction of Indigenous Peoples,” Cultural Survival Quarterly, Vol. 11, No. 3, Fall 1988.
107. For context, see George Black, Triumph of the People: The Sandinista Revolution in Nicaragua (London: Zed Books, 1981).
108. For a summary of the position(s) and agenda advanced by the representative Indian organization MISURASATA during the early 1980s, as well as maps delineating the territory involved, see the chapter entitled “Geopolitics and the Miskito Nation” in Bernard Neitschmann's The Unknown War: The Miskito Nation, Nicaragua, and the United States (Lanham, MD: Freedom House, 1989) pp. 1–57. Also see “MISURASATA Action Plan of 1981,” in Klaudine Ohland and Robin Schneider, eds., National Revolution and Indigenous Identity (Copenhagen: IWGIA Doc. 47, 1983) pp. 89–94; “Proposal of MISURASATA for Autonomy and a Treaty of Peace Between the Republic of Nicaragua and the Indian Nations of Yapti Tasba,” Akwesasne Notes, Vol. 19, No. 3, Late Fall, 1987.
109. Quoted in the New York Times, Apr. 26, 1985. It should be noted that Borgé had made almost identical statements to me during a brief meeting conducted in conjunction with a decolonization conference held in Havana during December of 1984.
110. Americas Watch, The Miskitos in Nicaragua (New York: Americas Watch, 1986); Amnesty International, Nicaragua: The Human Rights Record (London: Amnesty International, 1986).
111. Holly Sklar, Washington's War on Nicaragua (Boston: South End Press, 1988). For the record of negotiations between the Sandinistas and MISURASATA, see Neitschmann, Unknown War, pp. 67–89. On the Sandinista defeat, see Vanessa Castro and Gary Prevost, eds., The 1990 Elections in Nicaragua and Their Aftermath (Lanham, MD: Rowman and Littlefield, 1992).
112. Connor, National Question, Geertz, Societies/States; Ohland and Schneider, Revolution/ Identity, Schmuel Eisenstadt, Building States and Nations (Beverly Hills, CA: Sage, 1973); P.N.Fedoseyev, Leninism and the National Question (Moscow: Progress, 1977); Leah Greenfeld, Nationalism: Five Paths to Modernity (Cambridge, MA: Harvard University Press, 1992).
113. For coinage, see Raphaël Lemkin, Axis Rule in Occupied Europe (Washington, D.C.: Carnegie Institution, 1944) p. 79. For legal codification, see Convention on Punishment and Prevention of the Crime of Genocide (U.N. GAOR Res. 260A (III) 9 Dec. 1948; effective 12 Jan. 1951), text included in Louis Henkin, Gerald L.Neuman, Diane F.Orentlicher and David L.Leebron, eds., Human Rights: Documentary Supplement (New York: Foundation Press, 2001) pp. 155–58.
114. Considerable amplification will be found in the essay entitled “Defining the Unthinkable: Towards a Viable Understanding of Genocide,” in my A Little Matter of Genocide: Holocaust and Denial in the Americas, 1492 to the Present (San Francisco: City Lights, 1997) pp. 399–444.
115. On Avakian, see Revolutionary Communist Party, USA: Program and Platform (San Francisco: Revolution, n.d. [circa, 1980). Also see David A.Muga, “Native Americans and the Nationalities Question: Premises for a Marxist Approach to Ethnicity and Self- Determination,” Nature, Society, Thought, Vol. 1, No. 1, 1987.
116. Rudolf Bahro, Red to Green: Interviews with New Left Review (London: Verso, 1984); Building the Green Movement (Philadelphia: New Society, 1985).
117. We are confronted here with a phenomenon increasingly referred to as “post-marxism”; Stuart Kim, Post-Marxism: An Intellectual History (New York: Routledge, 2001).
118. The script conforms rather closely to that described by Walker Connor in his Ethnonationalism (Princeton, NJ: Princeton University Press, 1994). Also see Leopold Kohr, The Breakdown of Nations (New York: E.P.Dutton, 1975); Louis L.Snyder, Global Mini-Nationalisms: Autonomy or Independence? (Boulder, CO: Westview Press, 1982).
119. For an early articulation of this theme, see George Manuel and Michael Posluns, The Fourth World: An Indian Reality (New York: Macmillan, 1974). Also see Winona LaDuke, “Succeeding Into Native North America: A Secessionist View,” the preface to my Struggle for the Land: Native North American Resistance to Genocide, Ecocide and Colonization (Winnipeg: Arbeiter Ring, [2nd ed] 1999) pp. 11–14.
120. Andrew McLaughlin, Regarding Nature: Industrialism and Deep Ecology (Albany: State University of New York Press, 1993); Phillip F.Cramer, Deep Environmental Politics (New York: Praeger, 1998).
121. Despite the book's many biases, a good enunciation is contained in Jerry Mander's In the Absence of the Sacred: The Failure of Technology and the Survival of Indian Nations (San Francisco: Sierra Club Books, 1991). Also see Chellis Glendenning, My Name Is Chellis & I’m in Recovery from Western Civilization (Boston: Shambala, 1994).
122. Several keystone texts in this connection will be found in John Zerzan's Future Primitive and Other Essays (New York: Autonomedia, 1994). More broadly, see Ulrike Heider, Anarchism: Left, Right and Green (San Francisco: City Lights, 1994).
123. Kohr, Breakdown, Snyder, Mini-Nationalisms; Chellis Glendenning, Off the Map: An Exploration into Imperialism, the Global Economy, and Other Earthly Whereabouts (Boston: Shambala, 1999).
1. For background, see Peter Worsely, The Third World (London: Weidenfeld & Nicholson, [2nd. ed.] 1967), and the chapter entitled “The Making of a World” in Robert Malley's The Call from Algeria: Third Worldism, Revolution and the Turn to Islam (Berkeley: University of California Press, 1996) pp. 77–114.
2. See, e.g., Robert K.Thomas, “Colonialism: Classic and Internal,” New University Thought, Vol. 4, No. 4, Winter 1966–67. With regard to Appalachian whites in particular, see Helen Matthews Lewis, Linda Johnson and Donald Askins, eds., Colonialism in Modern America: The Appalachian Case (Boone, NC: Appalachian Consortium Press, 1978).
3. George Manuel and Michael Posluns, The Fourth World: An Indian Reality (New York: Free Press, 1974).
4. The term “Host World” was coined by Winona LaDuke in her “Natural to Synthetic and Back Again,” an essay written as the preface to my edited volume, Marxism and Native Americans (Boston: South End Press, 1983) p. vii.
5. Julian Burger, Report from the Frontier: The State of the World's Indigenous Peoples (London: Zed Books, 1987).
6. Noam Chomsky, World Orders, Old and New (New York: Columbia University Press, 1994).
7. The conceptual structure is basically Kantian, but has been shared in various ways by Western philosophers from Comte to Saint-Simon; Morris Ginsberg, “Progress in the Modern Era,” in Philip P.Weiner, ed., Dictionary of the History of Ideas: Studies of Selected Pivotal Ideas, Vol. III (New York: Scribner's, 1973) pp. 633–50.
8. Paul Buhle, “Historical Materialism,” in Mary Jo Buhle, Paul Buhle and Dan Georgakas, eds., Dictionary of the American Left (Urbana: University of Illinois Press, 1992) pp. 317–19.
9. According to the 1989 edition of Webster's Ninth New Collegiate Dictionary, which is what I happen to have closest at hand, the two primary meanings of “radical” are, “Of, relating to or proceeding from a root,” and “Of or relating to an origin.”
10. Russell Means, “The Same Old Song,” in Marxism and Native Americans, pp. 19–33.
11. Vine Deloria, Jr., “Circling the Same Old Rock,” in ibid., pp. 113–36.
12. A more detailed articulation will be found in “False Promises,” herein.
13. This circumstance continues in “neocolonial” settings; Samir Amin, Imperialism and Uneven Development (New York: Monthly Review Press, 1977).
14. Lynn Dorland Trust, “Western Metaphysical Dualism as an Element in Racism,” in John L. Hodge, Donald L.Struckmann and Lynn Dorland Trust, Cultural Bases of Racism and Group Oppression: An Examination of Traditional “Western” Concepts, Values and Institutional Structures Which Support Racism, Sexism and Elitism (Berkeley: Riders Press, 1975) pp. 50–89.
15. For perspectives on the racial/class tensions with which this circumstance has been imbued, see Napur Chaudhuri and Margaret Strobel, eds., Western Women and Imperialism: Complicity and Resistance (Bloomington: Indiana University Press, 1992).
16. Susan Brownmiller, Against Our Will: Men, Women and Rape (New York: Simon & Schuster, 1975).
17. Frantz Fanon, The Wretched of the Earth (New York: Grove Press, 1966); Albert Memmi, The Colonizer and the Colonized (Boston: Beacon Press, 1967).
18. Jean-Paul Sartre, “On Genocide,” Ramparts, Feb. 1968.
19. Sadruddin Aga Khan and Hassan bin Talal, Indigenous Peoples: A Global Quest for Justice (London: Zed Books, 1987).
20. See the chapter entitled “Hegemony, Historical Bloc, and History,” in Walter L.Adamson's Hegemony and Revolution: A Study of Antonio Gramsci's Political and Cultural Theory (Berkeley: University of California Press, 1980).
21. Jean-Paul Sartre, Search for a Method (New York: Alfred A.Knopf, 1963) p. 28.
22. Anyone doubting this should have a look at the “Resolution of the 5th Annual Meeting of the Traditional Elders Circle,” published verbatim in my Fantasies of the Master Race: Literature, Cinema and the Colonization of American Indians (Monroe, ME: Common Courage Press, 1992) at pp. 223–25.
23. See, e,g., Martin Carnoy's Education as Cultural Imperialism (New York: David McKay, 1974).
24. Frantz Fanon, Towards the African Revolution (New York: Monthly Review Press, 1967); Amilcar Cabral, Revolution in Guinea: Selected Texts (New York: Monthly Review Press, 1969).
25. Virtually all of the internal convulsions wracking Africa since the wholesale post-World War II dissolution of European empires have devolved upon the efforts of indigenous nations to recover their own rights to self-determination vis-à-vis newly independent African states, each of which has set out to consolidate itself within one or another of the territorial “compartments” created for administrative purposes by European colonialism itself. See, overall, J.M.MacKenzie, The Partition of Africa, 1880–1900 (London: Methuen, 1983); Stewart C.Easton, The Rise and Fall of Western Colonialism (New York: Praeger, 1964); John S.Saul, The State and Revolution in East Africa (New York: Monthly Review Press, 1974).
26. De Beauvoir's relationship to the Algerian liberation struggle is covered in the volume of her memoirs entitled La Force des choses (The Force of Circumstances). As for Sartre, he penned the preface to Fanon's Wretched of the Earth and an introduction to Memmi's Colonizer and Colonized while strongly and consistently endorsing the FLN's resort to armed struggle to free Algeria from French rule. The latter is covered well in B. Marie Perinbam's Holy Violence: The Revolutionary Thought of Frantz Fanon (Washington, D.C.: Three Continents Press, 1982). More broadly, see Lewis R.Gordon's Fanon and the Crisis of European Man (New York: Routledge, 1995).
27. Sartre, Search for a Method.
28. For the immediate context of Trotsky's famous remark, see Vladimir N.Brovkin, The Menshe viks After October: Socialist Opposition and the Rise of Bolshevik Dictatorship (Ithaca, NY: Cornell University Press, 1988).
29. Mark Poster, Foucault, Marxism and History: Mode of Production versus Mode of Information (Cambridge, U.K.: Polity Press, 1984).
30. Michel Foucault, The Archaeology of Knowledge & The Discourse on Language (New York: Pantheon, 1972).
31. V.I.Lenin, What Is To Be Done? Burning Questions of Our Movement (New York: New World, 1969). Attribution for the response goes to Michael Albert's What Is To Be Undone? A Modern Revolutionary Discussion of Classical Left Ideologies (Boston: Porter Sargent, 1974).
32. On the 1960s variants, see Mitchell Goodman's The Movement Toward a New America: The Beginning of a Long Revolution (Philadelphia/New York: Pilgrim Press/Alfred A.Knopf, 1970). On those of the 1930s, see the chapter entitled “Self-Help in Hard Times” in Howard Zinn's A People's History of the United States (New York: HarperPerennial, 1980) pp. 368–97.
33. Herbert Marcuse, “Repressive Tolerance,” in Robert Paul Wolff, Barrington Moore, Jr., and Herbert Marcuse, A Critique of Pure Tolerance (Boston: Beacon Press, 1965) p. 111.
34. See generally, Kenneth Alsop, The Bootleggers and Their Era (Garden City, NY: Doubleday, 1961).
35. Dan Baum, Smoke and Mirrors: The War on Drugs and the Politics of Failure (Boston: Little, Brown, 1996).
36. Probably the best enunciation of the thinking underlying this approach is contained in Lee Lockwood's Conversation with Eldridge Cleaver: Algiers (New York: Delta Books, 1970).
37. Bernstein was the first major marxian revisionist, arguing during the early 1900s that “objective conditions” had changed since Marx's day to the point that revolution was no longer necessary in industrial societies. He posed as an alternative the idea that socialism could be voted into being, thus forging the standard position of American progressivism; Eduard Bernstein, Evolutionary Socialism (New York: Schocken, 1961).
38. See “Spiritual Hucksterism: The Rise of the Plastic Medicine Men” in my From a Native Son: Selected Essays in Indigenism, 1985–1995 (Boston: South End Press, 1996) pp. 355–66. On McGaa in particular, see “Do It Yourself ‘Indianism,’” in my Indians Are Us? Culture and Genocide in Native North America (Monroe, ME: Common Courage Press, 1994) pp. 283–89. On Castaneda, see “Carlos Castaneda: The Greatest Hoax Since Piltdown Man,” in my Fantasies of the Master Race: Literature, Cinema and the Colonization of American Indians (San Francisco: City Lights, [2nd. ed.] 1998) pp. 27–66.
39. See “Indians ‘R’ Us” herein.
40. A good selection will be found in Leonard I. Krimerman and Lewis Perry, eds., Patterns of Anarchy (New York: Anchor, 1966). Also see Peter Marshall, Demanding the Impossible: A History of Anarchism (London: Fontana Press, 1993).
41. Kirkpatrick Sale, Dwellers in the Land: The Bioregional Vision (Philadelphia: New Society, 1991); John Zerzan, Future Primitive and Other Essays (New York: Autonomedia, 1994); Elements of Refusal (Columbia, MO: Columbia Alternative Library, [2nd ed.] 1999). Another worthwhile read is Ulrike Heider's Anarchism: Left, Right and Green (San Francisco: City Lights, 1994).
42. See “I Am Indigenist,” herein.
43. Manuel and Posluns, Fourth World.
44. Roxanne Dunbar Ortiz, Indians of the Americas: Human Rights and Self-Determination (London: Zed Press, 1984); John Mohawk, A Basic Call to Consciousness (Rooseveltown, NY: Akwesasne Notes, 1978).
45. Haunani-Kay Trask, From a Native Daughter: Colonialism and Sovereignty in Hawai‘i (Honolulu: University of Hawai‘i Press, [2nd ed.] 1999); Jimmie Durham, A Certain Lack of Coherence: Writing on Art and Cultural Politics (London: Kala Press, 1993).
46. See my Struggle for the Land: Indigenous Resistance to Genocide, Ecocide and Expropriation in Contemporary North America (Winnipeg: Arbeiter Ring, [2nd ed.] 1999).
47. For background, see Daniel Cohn-Bendit, Obsolete Communism: The Left-Wing Alternative (New York: McGraw-Hill, 1968).
48. Bernard Neitschmann, “The Third World War,” Cultural Survival Quarterly, Vol. 11, No. 2, 1987; “The Fourth World: Nations versus States,” in George J.Demko and William B.Wood, eds., Reordering the World: Geopolitical Perspectives on the Twenty-First Century (Boulder, CO: Westview Press, 1994) pp. 225–42.
49. Elaine Katzenberger, ed., First World, Ha Ha Ha! The Zapatista Challenge (San Francisco: City Lights, 1995).
50. See “The Bloody Wake of Alcatraz.” herein.
51. Credit for crunching the numbers goes to Bruce Johansen and Roberto Maestas, who include this and an array of other comparative data in their Wasíchu: The Continuing Indian Wars (New York-Monthly Review Press, 1979).
52. Geoffrey York and Loreen Pindera, People of the Pines: The Warriors and the Legacy of Oka (Boston: Little, Brown, 1991); Linda Pertusati, In Defense of Mohawk Land: Ethnopolitical Conflict in Native North America (Albany: State University of New York Press, 1997).
53. Jancice G.A.E.Switlow, Gustafson Lake: Under Siege (Peachland, B.C.: TIAC Communications, 1997).
54. All of these are covered in my Struggle far the Land.
55. For background on some of the struggles mentioned, see Trask, From a Native Daughter, David Robie, Blood on Their Banner: Nationalist Struggles in the South Pacific (London/ Leichhardt, N.S.W., Australia: Zed Books/Pluto Press, 1989); Gerard Chaliand, ed., People Without a Country: The Kurds and Kurdistan (New York: Olive Branch Press, [2nd ed.] 1993); Tony Hodges, Western Sahara: Roots of a Desert War (Westport, CT: Lawrence-Hill, 1983); Robert P.Clark, Negotiating with ETA: Obstacles to Peace in the Basque Country, 1975–1988 (Reno: University of Nevada Press, 1990); J.Bowyer Bell, The Irish Troubles: A Generation of Violence, 1967–1992 (New York: St. Martin's Press, 1993); Gwynfor Evans, Fighting for Wales (Talybont, Wales: Y Lolfa Cyf, 1991); Peter Beresford Ellis, The Celtic Revolution: A Study in Anti-Imperialism (Talybont, Wales: Y Lofla Cyf., 1985).
56. “A spectre is haunting Europe—the spectre of Communism”; Karl Marx and Frederick Engels, “Manifesto of the Communist Party,” in Karl Marx and Frederick Engels: Selected Works, 3 vols. (Moscow: Progress Publishers, 1969) Vol. 1, p. 108.
57. Neitschmann, “Third World War.”
58. Chomsky, World Orders.
1. For what is probably the best available account of AIM, IAT, and WARN, see Paul Chaat Smith and Robert Allen Warrior, Like a Hurricane: The American Indian Movement from Alcatraz to Wounded Knee (New York: New Press, 1996).On Oka, see Gerald R.Alfred, Heeding the Voices of Our Ancestors: Kahnewake Mohawk Politics and the Rise of Native Nationalism (New York: Oxford University Press, 1995); Linda Pertusati, In Defense of Mohawk Land: Ethnopolitical Conflict in Native North America (Albany: State University of New York Press, 1997).
2. On James Bay, see Boyce Richardson's Strangers Devour the Land (Post Mills, VT: Chelsea Green, [2nd ed.] 1991). Also see the chapter entitled “Hydrological Rape in Northern Canada,” in my Struggle for the Land: Native North American Resistance to Genocide, Ecocide and Colonization (Winnipeg: Arbeiter Ring, [2nd ed.] 1999) esp. pp. 298–309.
3. While it is hardly complete, a good point of departure for learning about many of the individuals named would be Alvin M.Josephy, Jr.'s The Patriot Chiefs (New York: Viking, 1961).
4. For implications, see Michel-Rolph Trouillot, Silencing the Past: Power and the Production of History (Boston: Beacon Press, 1995).
5. This problem is taken up in “Indians ‘R’ Us,” herein.
6. From a movie, The Outlaw Josie Wales (1976).
7. George, Manuel and Michael Posluns, The Fourth World: An Indian Reality (New York: Free Press, 1974); Bernard Neitschmann, “The Fourth World: Nations versus States,” in Geore J.Demko and William B.Wood, eds., Reordering the World: Geopolitical Perspectives on the 21st Century (Bounder, CO: Westview Press, 1994) pp. 225–42.
8. The bulk of those mentioned, and a number of others as well, appear in Roger Moody, ed., The Indigenous Voice: Visions and Realities, 2 vols. (London: Zed Books, 1988). Also see Alexander Ewen, ed., Voice of Indigenous Peoples: Native People Address the United Nations (Santa Fe, NM: Clear Light, 1994).
9. The term “Vichy Indians” comes from Russell Means, during a lecture at the University of Colorado/Denver in 1984.
10. For partial contextualization, see William E.Unrau, ed., The White Man's Wicked Water: The Alcohol Trade and Prohibition in Indian Country, 1802–1892 (Lawrence: University Press of Kansas, 1996).
11. William Thomas Hagan, Indian Police and Judges: Experiments in Acculturation and Control (New Haven, CT: Yale University Press, 1966).
12. Kenneth R.Philp, ed., Indian Self-Rule: First-Hand Accounts of Indian/White Relations from Roosevelt to Reagan (Salt Lake City: Howe Bros., 1986).
13. Ross Swimmer is an alleged Cherokee and former Philips Petroleum executive who served as head of the U.S. Bureau of Indian Affairs under Ronald Reagan and argued for suspension of federal obligations to Indians as a means of teaching native people “self-reliance.” Dickie Wilson was head of the federal puppet government on Pine Ridge Reservation during the early 1970s, and while in this position he formed an entity, called the GOONs, to physically assault and frequently kill members and supporters of AIM. Webster Two Hawk was head of the National Tribal Chairman's Association funded by the Nixon administration. He used his federally sponsored position to denounce Indian liberation struggles. Peter McDonald— often referred to as “McDollar” in Indian Country—utilized his position as head of the puppet government at Navajo to sell his people's interests to various mining corporations during the 1970s and ‘80s, greatly enriching himself in the process. Vernon Bellecourt is a former Denver wig stylist who moved to Minneapolis and became CEO of a state-chartered corporation funded by federal authorities to impersonate the American Indian Movement. David Bradley is a no-talent painter living in Santa Fe whose main claim to fame is in having made a successful bid to have the federal government enforce “identification standards” against other Indian artists; he has subsequently set himself up as a self-anointed “Identity Police,” a matter which, thankfully, leaves him little time to produce his typical graphic shlock. To hear them tell it, of course, each of these individuals acted in the service of “Indian sovereignty.” See generally, “Nullification of Native America?” and “Bloody Wake of Alcatraz,” herein.
14. See Winona LaDuke's “Natural to Synthetic and Back Again,” the preface to my Marxism and Native Americans (Boston: South End Press, 1983) pp. i–viii.
15. Guillermo Bonfil Batalla, Utopía y Revolución: El Pensamiento Político Contemporáneo de los Indios en America Latina (Mexico City: Editorial Nueva Imagen, 1981), p. 37; translation by Roxanne Dunbar Ortiz.
16. Ibid., pp. 37–38.
17. Ibid. p. 38.
18. Roxanne Dunbar Ortiz, Indians of the Americas: Human Rights and Self-Determination (London: Zed Books, 1984), p. 83.
19. Ibid. p. 84.
20. See Karl Marx, Pre-Capitalist Economic Formations (London: Lawrence and Wishart, 1964). Also see “False Promises,” herein.
21. Dunbar Ortiz, Indians of the Americas, p. 85.
22. Manuel and Posluns, Fourth World, p. 1.
23. On the Irish and Welsh struggles, see Peter Berresford Ellis, The Celtic Revolution: A Study in Anti-Imperialism (Talybont, Wales: Y Lolfa, 1985). On the Basques, see Robert P.Clark, Negotiating with ETA: Obstacles to Peace in the Basque Country, 1975–1988 (Reno: University of Nevada Press, 1990).
24. Dunbar Ortiz, Indians of the Americas, p. 89.
25. Bernard Neitschmann, “The Third World War: Militarism and Indigenous Peoples,” Cultural Survival Quarterly, Vol. 11, No. 2, 1987. Also see his “Fourth World.”
26. Geneva Offices of the United Nations, Press Release, Aug. 17, 1981 (Hr/1080).
27. See “The Law Stood Squarely on Its Head,” herein.
28. On the Iberian legal tradition, see James Brown Scott, The Spanish Origin of International Law (Oxford, U.K.: Clarendon Press, 1934).
29. Hugo Blanco, Land or Death: The Peasant Struggle in Peru (New York: Pathfinder Press, 1972). Blanco was a marxist, and thus sought to pervert indigenous issues through rigid class analysis —defining Indians as “peasants” rather than by nationality—but his identification of land as the central issue was and is nonetheless valid.
30. The complete texts of 371 of these ratified treaties are compiled in Charles J.Kappler's American Indian Treaties, 1778–1883 (New York: Interland, 1973). Additional treaty texts, plus a broad range of other relevant instruments, will be found in Vine Deloria, Jr., and Raymond J.DeMallie, Documents of American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775–1979, 2 vols. (Norman: University of Oklahoma Press, 1999).
31. The constitutional provision comes at Article I, Section 10. Codification of customary international law in this connection is explained in Ian Sinclair's The Vienna Convention on the Law of Treaties (Manchester, U.K.: Manchester University Press, [2nd ed.] 1984).
32. See generally, Sidney L.Harring, Crow Dog's Case: American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century (Cambridge, U.K.: Cambridge University Press, 1994); David E.Wilkins, American Indian Sovereignty and the U.S. Supreme Court (Austin: University of Texas Press, 1997).
33. Anyone wishing to dig into this one is referred to Cornelius J.Moynihan's Introduction to the Law of Real Property: An Historical Background of the Common Law of Real Property (St. Paul, MN: West Legal Studies, 1987).
34. “Lone Wolf” v. Hitchcock (187 U.S. 553 (1903)). For analysis, see Blue Clark, “Lone Wolf” v. Hitchcock: Treaty Rights and Indian Law at the End of the Nineteenth Century (Lincoln: University of Nebraska Press, 1999).
35. An even more straightforward enunciation of this fetid doctrine was made by the Supreme Court in its Tee-Hit-Ton opinion (348 U.S. 272 (1955)). For analysis, see Wilkins, American Indian Sovereignty, pp. 166–85.
36. See Quincy Wright, “The Law of the Nuremberg Trials,” American Journal of International Law, No. 41, Jan. 1947. Also see “Bringing the Law Home,” herein.
37. A fuller articulation of this thesis may be found in my “On Gaining ‘Moral High Ground’: An Ode to George Bush and the ‘New World Order,’” in Cynthia Peters, ed., Collateral Damage: The “New World Order” at Home and Abroad (Boston: South End Press, 1992), pp. 359– 72.
38. For the origins of such practices, see Dorothy V.Jones, License for Empire: Colonialism by Treaty in Early America (Chicago: University of Chicago Press, 1982). For a good survey of U.S. adaptations, see Donald Worcester, ed., Forked Tongues and Broken Treaties (Caldwell, ID: Caxton, 1975).
39. The travesty at Fort Wise is adequately covered in Stan Hoig's The Sand Creek Massacre (Norman: University of Oklahoma Press, 1961) pp. 13–17.
40. Deloria and DeMallie, Indian Diplomacy, Vol. 2, pp. 1237–1473.
41. See my “Charades, Anyone? The Indian Claims Commission in Context,” American Indian Culture and Research Journal, Vol 24, No. 1, 2000.
42. See “The Earth Is Our Mother,” herein.
43. The percentage is arrived at by juxtaposing the approximately fifty million acres within the current reservation landbase to the more than two billion acres of the lower 48 states. According to the Indian Claims Commission findings, Indians actually retain unfettered legal title to about 750 million acres of the continental U.S.; see Russel L.Barsh, “Indian Land Claims Policy in the United States,” North Dakota Law Review, No. 58, 1982.
44. Concerning Alaska, see M.C.Berry, The Alaska Pipeline: The Politics of Oil and Native Land Claims (Bloomington: Indiana University Press, 1975). On Hawai‘i, see the Haunani-Kay Trask, From a Native Daughter: Colonialism and Sovereignty in Hawai‘i (Honolulu: University of Hawai‘i Press, [2nd ed.] 1999).
45. Those with questions should refer to Arnold Leibowitz, Defining Status: A Comprehensive Analysis of U.S. Territorial Relations (The Hague: Martinus Nijhoff, 1990).
46. The structure of oppression is delineated rather well in Pem Davidson Buck's Worked to the Bone: Race, Class, Power and Privilege (New York: Monthly Review, 2002).
47. An in-depth and very sharp articulation of this point will be found in J.Sakai, Settlers: The Mythology of the White Proletariat (Chicago: Morningstar Press, 1989). Also see George Lipsitz, The Possessive Investment in Whiteness: How White People Profit from Identity Politics (Philadelphia: Temple University Press, 1998).
48. The problem is partially but insightfully examined in Ronald Weitzer, Transforming Settler States: Communal Conflict and Internal Security in Zimbabwe and Northern Ireland (Berkeley: University of California Press, 1992). Also see Patrick Wolfe, Settler State Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event (New York: Cassell, 1999) pp. 1–8.
49. A good exposition of this phenomenon may be found in Paul Brodeur, Restitution: The Land Claims of the Mashpee, Passamaquoddy, and Penobscot Indians of New England (Boston: Northeastern University Press, 1985).
50. Several years ago, I illustrated this point by having a group of students do an examination of 100 randomly selected books, all of them purportedly offering progressive analyses of U.S. sociopolitical or economic relations, but not specifically devoted to the study of American Indian issues. More than two-thirds (64) of the books, including a dozen that professed to deal mainly with matters of race, ethnicity and class, failed to make any reference to Indians at all. Another 19 mentioned us only in passing, usually in a list of U.S. minorities. Only three contained anything resembling a substantive consideration of things Indian. The miniscule number of Indian-focused books published by left presses—Monthly Review and Verso, to offer primary examples—is another firm indication of what I’m talking about. It is worth noting that Native Hawaiians fare even worse, as do Samoans and the Chamaros of Guam.
51. See “False Promises,” herein.
52. This, to be sure, militates against the recently fashionable postmodernist rejection of “hierarchy” in all forms, including the ordering of priorities; see Terry Eagleton, The Illusions of Postmodernism (Oxford, U.K.: Blackwell, 1996) 93–95, 113–14.
53. The form is in the first instance one of internal colonialism, the relations of which were first described by Antonio Gramsci in “The Southern Question,” an essay included in his The Modern Prince and Other Writings (New York: International, 1957) pp. 28–51. For the most detailed casestudy to date, see Michael Hector's, Internal Colonialism: The Celtic Fringe in British National Development, 1536–1966 (Berkeley: University of California Press, 1975). For application to Native North America, see my “The Situation of Indigenous Populations in the United States: A Struggle Against Internal Colonialism,” Black Scholar, Vol. 16, No. 1, Feb. 1985. It is worth noting that the Gramscian model has also been applied to Chicanos, blacks, and Appalachian whites: see, as examples, James Boggs, Racism and Class Struggle: Further Pages from a Black Worker's Notebook (New York: Monthly Review Press, 1971); Huey P.Newton, “Speech Delivered at Boston College, November 18, 1970,” in his To Die for the People: The Writings of Huey P.Newton (New York: Random House, 1972) pp. 20–38; Mario Barrera, Carlos Muñoz and Charles Ornelas, “The Barrio as an Internal Colony,” Urban Affairs Annual Reviews, Vol. 6, 1972; Rodolfo Acufia, Occupied America: The Chicanos Struggle Toward Liberation (San Francisco: Canfield Press, 1972); Helen M.Lewis, Linda Johnson and Donald Askins, eds., Colonialism in Modern America: The Appalachian Case (Boone, NC: Appalachian Consortium Press, 1978); Ada F.Haynes, Poverty in Appalachia: Underdevelopment and Exploitation (New York: Garland, 1996).
54. Although, as was indicated in the preceeding note, several populations share the status of being internally colonized in the U.S., subjugation to colonialism in its “settler” form is a status unique to American Indians; see generally, Sakai, Settlers; Weitzer, Settler States; Wolfe, Settler State Colonialism.
55. The idea that the 13 American colonies’ war for independence was somehow a “revolution” has always seemed curious to me. Insofar as the English monarchy was not overthrown— indeed, none of the “revolutionaries” involved sought such an outcome—it would be better understood as a decolonization or “national liberation” struggle. This and similar terminological/conceptual conflations greatly marred understandings of Third World liberation struggles in the twentieth century; see, e.g., Eric R.Wolf, “Peasant Rebellion and Revolution,” in Norman Miller and Robert Aya, eds., National Liberation: Revolution in the Third World (New York: Free Press, 1971) pp. 48–67.
56. One of the slipperiest—and in some ways most self-serving—confusions can be found in the propensity of many recent theorists to simply declare colonialism to be over, irrespective of its ongoing forms of existence. That which no longer exists, of course, need be neither prioritized nor confronted. For critique, see Anne McClintock, “The Angel of Progress: Pitfalls of the Term ‘Post-Colonialism’,” in Patrick Williams and Laura Chrisman, eds., Colonial Discourse/Post-Colonial Theory (New York: Columbia University Press, 1994) pp. 291–304; Stuart Hall, “When was ‘the Post-Colonial’? Thinking at the Limits,” in Iain Chambers and Lidia Curti, eds., The Post-Colonial Question: Common Skies/Divided Horizons (London: Routledge, 1996) pp. 242–60; Arif Dirlik, The Postcolonial Aura: Third World Criticism in the Era of Global Capitalism (Boulder, CO: Westview Press, 1997).
57. This is entirely in line with the analogy of American Indians to a “miners canary” affording early warning to other populations of what will surely befall them, should fundamental alterations in policy and attendant attitudes not be undertaken; Felix S.Cohen, “The Erosion of Indian Rights, 1950–53: A Case-Study in Bureaucracy,” Yale Law Journal, No. 62, 1953, p. 390.
58. We were, to use Karl Marx's term, “primitive communists”; Marx, Pre-Capitalist Economic Formations, pp. 72–73. Also see Emmanuel Terray, Marxism and “Primitive” Societies: Two Studies (New York: Monthly Review Press, 1972).
59. Lewis Henry Morgan, League of the Ho-de-no-sau-nee, Iroquois (Rochester, NY: Sage & Bros., 1851). Morgan's work greatly influenced the thinking of Marx and Engels; see especially, Frederick Engels, The Dialectics of Nature (Moscow: Progress, 1954).
60. E.Morton Coulter, “Mary Musgrove, Queen of the Creeks: A Chapter in the Early Georgia Troubles,” Georgia Historical Quarterly, Vol. 11, No. 1, 1927.
61. Evelyn Hu-DeHart, Yaqui Resistance and Survival (Madison: University of Wisconsin Press, 1984).
62. R.David Edmunds, Tecumseh and the Quest for Indian Leadership (Boston: Little, Brown, 1984).
63. See generally, Sharon O’Brien, American Indian Tribal Governments (Norman: University of Oklahoma Press, 1989).
64. Barbara Alice Mann, Iroquoian Women: The Gantowisas (New York: Peter Lang, 2000).
65. Norma Tucker, “Nancy Ward, Gighau of the Cherokees,” Georgia Historical Quarterly, Vol.. 53, No. 2, 1969; Michael Wallis and Wilma Pearl Mankiller, Mankiller: A Chief and Her People (New York: St. Martin's, 1993); Melissa Schwartz, Wilma Mankiller: Principal Chief of the Cherokees (New York: Chelsea House, 1994).
66. Marla N.Powers, Oglala Women: Myth, Ritual and Reality (Chicago: University of Chicago Press, 1986).
67. Ruth Roessel, Women in Navajo Society (Rough Rock, AZ: Navajo Resource Center, 1981).
68. Valerie Shirer Mathes, “A New Look at the Role of Women in Indian Societies,” American Indian Quarterly, Vol. 2, No. 2, 1975; Clara Sue Kidwell, “The Power of Women in Three American Indian Societies,” (Journal of Ethnic Studies, Vol. 6, No. 3, 1979); Eleanor Burke Leacock, Myths of Male Dominance: Collected Articles on Women Cross-Culturally (New York: Monthly Review Press, 1981); Janet Silman, ed., Enough Is Enough: Aboriginal Women Speak Out (Toronto: Women's Press, 1987).
69. Although both books are deeply flawed, much good information on such matters can be obtained in Paula Gunn Allen's The Sacred Hoop: Recovering the Feminine in American Indian Cultures (Boston: Beacon Press, 1986) and Walter L.Williams’ The Spirit and the Flesh: Sexual Diversity Among Native Americans (Boston: Beacon Press, 1986).
70. The Smithsonian view of Indians has been adopted even by some of the more self-consciously “revolutionary” organizations in the United States; see, e.g., Revolutionary Communist Party, USA, “Searching for the Second Harvest,” in Marxism and Native Americans, pp. 35–58.
71. The thesis is, no kidding, that American Indians were the first “environmental pillagers,” and it took the invasion of enlightened Europeans like the author of the piece to save the American ecosphere from total destruction by its indigenous inhabitants; see George Weurthner, “An Ecological View of the Indian,” Earth First! Vol. 7, No. 7, Aug. 1987. For a fuller and more recent extrapolation, see Shepard Krech III, The Ecological Indian: Myth and History (New York: W.W.Norton, 1999).
72. Paul W.Valentine, “Dances with Myths,” Arizona Republic, Apr. 7, 1991 (Valentine is syndicated, but is on staff at the Washington Post).
73. A fine selection of such early colonialist impressions can be found in the first few chapters of Richard Drinnon's Facing West: The Metaphysics of Indian Hating and Empire Building (Minneapolis: University of Minnesota Press, 1980). On the length of indigenous occupancy in the Americas, see George F.Carter, Earlier Than You Think: A Personal View of Man in America (College Station: Texas A&M University Press, 1980); Vine Deloria, Jr., Red Earth, White Lies: Native Americans and the Myth of Scientific Fact (New York: Scribner, 1995). On precontact population, see William Denevan, ed., The Native Population of the Americas in 1492 (Madison: University of Wisconsin Press, 1976); Henry F.Dobyns, Their Number Become Thinned: Native American Population Dynamics in Eastern North America (Knoxville: University of Tennessee Press, 1983).
74. For a succinct but reasonably comprehensive survey of actual precontact indigenous material and intellectual realities, see Jack Weatherford, Indian Givers: How the Indians of the Americas Transformed the World (New York: Fawcett Columbine, 1988).
75. See Jack D.Forbes, Black Africans and Native Americans: Race, Color and Caste in the Evolution of Red-Black Peoples (New York: Oxford University Press, 1988). Also see my essay, “The Crucible of American Indian Identity: Native Tradition versus Colonial Imposition in Postconquest North America,” American Indian Culture and Research Journal, Vol. 22, No. 2, 1998.
76. On federal quantum policy, see “Crucible”; also see “The Nullification of Native America?” herein.
77. This remains true even in such concerted recent efforts to prove otherwise as Steven A. Leblanc's Prehistoric Warfare in the Southwest (Salt Lake City: University of Utah Press, 1999).
78. Probably the best examination of Indian warfare and “militaristic” tradition is Tom Holm's “Patriots and Pawns: State Use of American Indians in the Military and the Process of Nativization in the United States,” in M.Annette Jaimes, ed., The State of Native America: Genocide, Colonization and Resistance (Boston: South End Press, 1992) pp. 345–70.
79. See Gianfranco Poggi, The Rise of the State (Stanford, CA: Stanford University Press, 1974); Frank J.Harrison, The Modern State: An Anarchist Analysis (Montreal: Black Rose Books, 1996).
80. A brilliant articulation of this premise will be found in Otto Hintze's “Military Organization and the Organization of the State,” in F.Gilbert, ed., The Historical Essays of Otto Hintze (Princeton, NJ: Princeton University Press, 1975). For a much fuller enunciation of the thesis, see Bruce D. Porter, War and the Rise of the State: The Military Foundations of Modern Politics (New York: Free Press, 1994).
81. One of the clearer historical examples of this concerns the creation of anarchist “autonomous zones” in Catalonia and elsewhere during the Spanish Civil War of the 1930s; see, eg., Sam Dolgoff, ed., The Anarchist Collectives: Worker's Self-Management during the Spanish Revolution, 1936–1939 (Montréal: Black Rose Books, 1974); Gaston Leval, Collectives in the Spanish Revolution (London: Freedom Press, 1975); Juan Gómez Casas, Anarchist Organization: The History of the FAI (Montreal: Black Rose Books, 1986).
82. Alexander J.Motyl, The Post-Soviet Nations: Perspectives on the Demise of the USSR (New York: Columbia University Press, 1992); Rogers Brubaker, Nationalism Reframed: Nationhood and the National Question in the New Europe (Cambridge, U.K.: Cambridge University Press, 1996).
83. Leon Trotsky, History of the Russian Revolution (New York: Pathfinder Press, 2001) p. 1157.
84. For articulation, and concurrence by nonindian radicals, see the videotape entitled US Off the Planet: An Evening with Ward Churchill and Chellis Glendenning, available from Pickaxe Productions (pickaxeprod@igc.org or www.cascadiamedia.org).
85. An excellent selection of very hardline nonindian statements to this effect will be found in Peter Stansill and David Zain Mairowitz, eds., BAM [by any means necessary]: Outlaw Manifestos and Ephemera, 1965–1970 (Brooklyn, NY: Autonomedia, 1999).
86. A lot more could be said about it, but there is a certain sufficiency in the descriptor deployed by Robert Jay Lifton and Eric Markusen in their Genocidal Mentality (New York: Basic Books, 1990).
87. Brodeur, Restitution. Also see Alan Van Gestel, “The New York Indian Land Claims: An Overview and a Warning,” New York State Bar Journal, Apr. 1981; “New York Indian Land Claims: The Modern Landowner as Hostage,” in Christopher Vecsey and William A.Starna, eds., Iroquois Land Claims (Syracuse, NY: Syracuse University Press, 1988) pp. 123–39; “When Fictions Take Hostages,” in James A.Clifton, ed., The Invented Indian: Cultural Fictions and Government Policies (New Brunswick, NJ: Transaction, 1990) pp. 291–312.
88. For a raft of comparable humor, see Deloria's Custer Died for Your Sins: An Indian Manifesto (New York: Macmillan, 1969).
89. Referred to here is the so-called “Bradley Bill” (S.1453); see the “Black Hills Land Claim” section of “The Earth Is Our Mother,” herein, esp. pp. 93–5.
90. See “TREATY: The Platform of Russell Means’ Candidacy for President of the Oglala Lakota People, 1982,” in my Struggle for the Land, pp. 405–38.
91. Barsh, “Indian Land Claims.” Also see Barbara Hooker, “Surplus Lands for Indians: One Road to Self-Determination,” Vital Issues, Vol. 22, No. 1, 1972; R.A.Hodge, “Getting Back the Land: How Native Americans Can Acquire Excess and Surplus Federal Property,” North Dakota Law Review, Vol. 49, No. 2, 1973; Laurie Ensworth, “Native American Free Exercise Rights to the Use of Public Lands,” Boston University Law Review, No. 63, 1983.
92. See Bradford L.Thomas, “International Boundaries: Lines in the Sand (and Sea),” in George J.Demko and William B.Wood, eds., Reordering the World: Geopolitical Perspectives on the 21st Century (Boulder, CO: Westview Press, [2nd ed.] 1999) pp. 69–93.
93. For background, see Frank J.Popper, The Politics of Land-Use Reform (Madison: University of Wisconsin Press, 1981).
94. For contrast, see Kathleen Ann Pickering, Lakota Culture, World Economy (Lincoln: University of Nebraska Press, 2000).
95. Much of this is updated in the chapters entitled “Community and Economic Resources,” “Great Plains Agriculture,” and “Energy and Mineral Resources,” in S.R.Johnson and Aziz Bouzaher, Conservation of Great Plains Ecosystems: Current Science, Future Options (New York: Kluwer Academics, 1995).
96. Paul Andrew Hutton, Phil Sheridan and His Army (Lincoln: University of Nebraska Press, 1985) p. 246. Also see William T.Hornaday, Exterminating the American Bison (Wasington, D.C.: Smithsonian Institution, 1899).
97. Unfortunately, the only reasonably accessible information on the Buffalo Commons proposal is contained in Anne Matthews’ rather frothy Where the Buffalo Roam: The Storm Over the Revolutionary Plan to Restore America's Great Plains (New York: Grove Weidenfeld, 1992).
98. For detailed renderings, see Charles C.Royce, Indian Land Cessions in the United States: 18th Annual Report, 1896–97, 2 vols. (Washington, D.C.: Bureau of American Ethnography, Smithsonian Institution, 1899). Also see the composite included in my Struggle for the Land, p. 10.
99. Pickering, Lakota Culture, World Economy, Also see John H. Moore, ed., The Political Economy of North American Indians (Norman: University of Oklahoma Press, 1993).
100. For data, see C.Matthew Snipp, American Indians: First of This Land (New York: Russell Sage Foundation, 1989).
101. Doing so, would of course necessitate some rather complex Indian/Indian negotiations as well. Fortunately, there is a very strong tradition in this regard; see Deloria and DeMallie, Record of Diplomacy, pp. 681–744.
102. See the maps deployed by Valerie L.Kuletz in her book, The Tainted Desert: Environmental and Social Ruin in the American West (New York: Routledge, 1998).
103. Royce, Indian Land Cessions.
104. David B.Knight, “People Together, Yet Apart: Rethinking Territory, Sovereignty and Iden-ties,” in Demko and Wood, Reordering the World, pp. 209–26. Also see the essays collected by Frederick Barth in his Ethnic Boundaries (Oslo: Norwegian University Press, 1969).
105. The Hawaiian sovereignty struggle is detailed in Trask, Native Daughter. Also see my and Sharon H.Venn's coedited Islands in Captivity: The Record of the International Tribunal on the Rights of Indigenous Hawaiians, 3 vols. (Boston: South End Press, 2002).
106. On the efforts of the Puerto Rican independence movement to obtain a plebiscite, etc., see Ronald Fernandez, Prisoners of Colonialism: The Struggle for Justice in Puerto Rico (Monroe, ME: Common Courage Press, 1994).
107. Along with Belorussia (now Belarus), the Ukraine held U.N. membership from the outset, but only as an extension of the Soviet vote included in a compromise arrangement designed to bring about participation of the USSR; Motyl, Post-Soviet Nations, p. 113. The independent functioning of both member states should be dated from 1991. Several other former Soviet “republics,” none of which were previously U.N. member states, have also been recently accorded such standing in independent terms. These include Estonia, Latvia, and Lithuania (all on Sept. 17, 1991), Armenia, Azerbaijan, Kazahkstan, the Kyrgyz Republic, Moldova, Tajikistan, Turkmenistan, and Uzbekistan (all on Mar. 2, 1992), and Georgia (July 31, 1992). Although Serbia continues to refer to itself as Yugoslavia, and thus retains that country's U.N. member-state status, several of its former provinces have now gained equal standing. These include Croatia, Bosnia-Hervegovenia, and Slovenia (all on May 22, 1992), and Macedonia (Apr. 8, 1993). Additionally, while Czechoslavakia held member-state standing, its devolution into two countries—the Czech and Slovak republics— resulted in the admission of both to the U.N. on Jan. 19, 1993. Obviously, the principle of preserving the territorial integrity of existing member states against self-determining claims by peoples encapsulated within them is hardly set in stone; Knight, “Rethinking Territory,” pp. 218–20.
108. The attainment of U.N. member-state status by the Federated States of Micronesia (Sept. 17, 1991) and Palau (Dec. 15, 1994) already points in this direction, as does the according of such standing to the tiny European protectorate of Monaco (May 28, 1993). On Palau, see Thomas, “International Boundaries,” p. 90; on Monaco, see Saul B.Cohen, “Geopolitics in the New World Era: New Perspectives on an Old Discipline,” in Demko and Wood, Reordering the World (2nd ed.), p. 60. Also see Walker Connor's Ethnonationalism (Princeton, NJ: Princeton University Press, 1994).
109. For indication of where this could lead, see Richard Falk, The End of World Order: Essays in Normative International Relations (New York: Holmes &Meier, 1983).
110. For one of the best elaborations of these principles, see Ved Nanda, “Self-Determination in International Law: Validity of Claims to Secede,” Case Western Reserve Journal of International Law, No. 13 1981. Also see Lee C.Buchheit, Secession: The Legitimacy of Self-Determination (New Haven, CT: Yale University Press, 1978).
111. A very clear delineation of the available options will be found in Hannum Hurst's Autonomy, Sovereignty, and Self-Determination (Philadelphia: University of Pennsylvania Press, 1990).
112. A prototype for this sort of arrangement exists between Greenland (populated mainly by Inuits) and Denmark. See Gudmundur Alfredsson, “Greenland and the Law of Political Decolonization,” German Yearbook on International Law, No. 25, 1982.
113. This is essentially the idea advanced by Richard Falk in an essay entitled “Anarchism and World Order,” in his End of World Order. Also see Harvey Starr, Anarchy, Order and Integration: How to Manage Interdependence (Ann Arbor: University of Michigan Press, 1999).
114. A good argument as to why megastates will “inevitably fall apart” is made by Martin Van Creveld in his The Rise and Decline of the State (Cambridge, U.K.: Cambridge University Press, 1999). Also see Leopold Kohr, The Breakdown of Nations (New York: E.P.Dutton, 1975).
115. Barth, Ethnic Boundaries; Connor, Ethnonationalism; John Hutcheson, The Dynamics of Cultural Nationalism (New York: HarperCollins, [2nd ed.] 1994); Kirkpatrick Sale, Dwellers in the Land: The Bioregional Vision (Philadelphia: New Society, 1991).
116. This is the basic idea set forth in “TREATY.” Also see Reinhard Bendix, Nation-Building and Citizenship (Berkeley: University of California Press, 1964).
117. The concepts at issue here are brought out very well in William R.Catton, Jr., Overshoot: The Ecological Basis of Revolutionary Change (Urbana: University of Illinois Press, 1982).
118. Such ideas have even caught on, at least as questions, among some Euroamerican legal practitioners; see Christopher D.Stone, Should Trees Have Standing? Towards Legal Rights far Natural Ob-jects (Los Altos, CA: William Kaufman, 1972).
119. For further elaboration, see Vine Deloria, Jr., God Is Red (New York: Delta, 1973); “Native American Spirituality” in his For This Land: Writings on Religion in America (New York: Routledge, 1999) pp. 130–34. Also see “False Promises,” herein.
120. I base my estimate in large part upon the regional preinvasion demographic estimates extrapolated by Henry F.Dobyns towards the end of his Their Number Become Thinned.
121. CNN “Dollars and Cents” reportage, May 27, 1992. Interestingly, the same sort of thinking has marked the analyses of marxists with regard to the “developmental problems” confronting Africa; see, e.g., Gérard Chaliand, Revolution in the Third World: Myths and Prospects (New York: Viking, 1977) p. 114.
122. The idea is developed in detail in Jeremy Rifkin's Entropy: A New World View (New York: Viking, 1980). It should be noted, however, that the worldview in question is hardly “new,” since indigenous peoples have held it all along; see, e.g., Russell Means, “The Same Old Song,” in my Marxism and Native Americans (Boston: South End Press, 1983) p. 22.
123. I am, however, borrowing the “controversial” definition of insanity offered by R.D.Laing in his The Politics of Experience (New York: Ballantine, 1967).
124. One good summary of this, utilizing extensive native sources—albeit many of them go unat-tributed— is Jerry Mander's In the Absence of the Sacred: The Failure of Technology and the Survival of Indian Nations (San Francisco: Sierra Club Books, 1991).
125. If this sounds a bit scriptural, it is meant to. A number of us see a direct line of continuity from the core imperatives of Judeochristian theology, through the capitalist secularization of church doctrine and its alleged marxian antithesis, right on through to the burgeoning technotopianism of today. This is a major conceptual cornerstone of what indigenists view as eurocentrism (a virulently anthropocentric outlook in its essence); see Vine Deloria, Jr., “Secularism, Civil Religion, and the Religious Freedom of American Indians,” in his For This Land, pp. 218–28. Also see “False Promises,” herein.
126. The information is in André Gunder Frank's Capitalism and Underdevelopment in Latin America: Historical Studies of Chile and Brazil (New York Monthly Review Press, 1967), but the conclusion is avoided.
127. See generally, Jerome Ch’en, Mao and the Chinese Revolution (New York: Oxford University Press, 1967); Alice Goldstein, ed., China: The Many Facets of Demographic Change (Boulder, CO: Westview Press, 1996); Kuttan Mahadevan, Chi-Hsien Tuan, Jing-Yuan Yu and P.Kishnan, Differential Development and Demographic Dilemma: Perspectives from China and India (New Delhi: South Asia, 1994).
128. Paul R.Ehrlich and Anne H.Ehrlich, The Population Explosion (New York: Simon and Schuster, 1990); Michael Tobias, World War III: Population and the Biosphere at the End of the Millennium (New York: Continuum, 1998); United Nations, World Population Prospects: A Report (New York: United Nations, 2000).
129. I am extrapolating from the calculations of Catton in Overshoot.
130. This consideration, unfortunately, may have a certain bearing in China; see Song Jian, ChiHsien Tuan and Jing-Yuan Yu, Population Control in China: Theory and Applications (Westport, CT: Greenwood, 1985); H.Yuan Tien, China's Strategic Demographic Initiative (New York: Praeger, 1991); United Nations, Case Studies in Population Policy: China (New York: United Nations, 1991). It also has bearing in the U.S., however; see Brint Dillingham, “Indian Women and IHS Sterilization Practices, American Indian Journal, Vol. 3, No. 1, 1977; Committee for Abortion Rights and against Sterilization Abuse, Women Under Attack: Abortion, Sterilization Abuse, and Reproductive Freedom (New York: CARASA, 1979); Margarita Ostalaza, Politica Sexual y Socialización Politica de la Mujer Puertorriqueña la Consolidación de Bloque Histórico Colonial de Puerto Rico (Río Piedras, PR: Ediciones Huracán, 1989).
131. Sound arguments to this effect are advanced in Paul R.Ehrlich and Anne H.Ehrlich, Population/Resources/Environment (San Francisco: W.H.Freeman, 1970).
132. Paul R.Ehrlich and Anne H.Ehrlich, from their book Healing the Earth, quoted in CNN series The Population Bomb, May 1992.
133. This is yuppie self-indulgence disguised as a health issue. The fact is that, after decades of increasingly intensive and heavily-subsidized research, those who years ago proclaimed “environmental” tobacco smoke a “major public health hazard” are still unable to conclusively demonstrate that such “secondhand” or “passive” smoking produces any negative health effect whatever. To get the picture, one need only compare the chapter entitled “Smoke Exposure and Health” in Roy J.Shepard's seminal The Risks of Passive Smoking (New York: Oxford University Press, 1982) to Peter N.Lee's “Difficulties in Determining Health Effects Related to Environmental Tobacco Smoke,” in Ronald A. Watson and Mark Seldon's coedited and currently definitive Environmental Tobacco Smoke (Washington, D.C.: CRS Press, 2001) pp. 1– 24. Meanwhile, the official response to these nonfindings—that of banning smoking, which is primarily a poor people's behavior, from most public spaces—should be compared to the responses accorded the ongoing and massive environmental release of military/industrial contaminants, the negative health effects of which are exceedingly well documented; see, as examples, Lois Marie Gibbs, Dying From Dioxin (Boston: South End Press, 1995); Jay M.Gould, The Enemy Within: The High Cost of Living with Nuclear Reactors (New York: Four Walls Eight Windows, 1996). Also see “A Breach of Trust,” herein.
134. This would be about fifty million, or about one-sixth of the present U.S. population; Catton, Overshoot, p. 53.
135. G.Wesley Johnson, Jr., ed. Phoenix in the Twentieth Century: Essays in Community History (Norman: University of Oklahoma Press, 1993).
136. Both the environmental and the social costs attending the L.A. catastrophe have been staggering. See Mike Davis, City of Quartz: Excavating the Future in Los Angeles (London: Verso, 1990); Ecology of Fear: Los Angeles and the Imagination of Disaster (New York: Henry Holt, 1998).
137. See, e.g., Mark Reisner, Cadillac Desert: The American West and Its Disappearing Water (New York: Viking, 1986).
138. See my “Water Plot,” pp. 314–20.
139. Ronald L.Myers, ed., Ecosystems of Florida (Gainesville: University of Florida Press, 1990); John Ogden and Steve Davis, eds., Everglades: The Ecosystem and Its Restoration (Washington, D.C.: CRC Press, 1994).
140. See “A Breach of Trust,” herein.
141. Although I take considerable exception to the blatant eurosupremacism lacing much of his work, some of the most powerful statements on why the dams must come down will be found in the work of the late Edward Abbey; see his Down the River (New York: E.P.Dutton, 1991).
142. On the human as well as environmental costs attending coal stripping in the Four Corners region, see the essay entitled “Genocide in Arizona: The ‘Navajo-Hopi Land Dispute’ in Perspective,” in my Struggle for the Land, pp. 135–72.
143. See generally, U.S. Department of Commerce, Bureau of the Census, Economics and Statistics Division, U.S. Census of Population: General Population Characteristics, United States (Washington, D.C.: U.S. GPO, 1990). For background, see Kirkpatrick Sale, Power Shift: The Rise of the Southern Rim and Its Challenge to the Eastern Establishment (New York: Random House, 1975). For more recent contextualization, see Davis, City of Quartz and Ecology of Fear.
144. A good deal of the impact could also be offset by implementing the ideas contained in John Todd and George Tukel, Reinhabiting Cities and Towns: Designing for Sustainability (San Francisco: Planet Drum Foundation, 1981). Also see Sale, Dwellers.
145. For purposes of comparison, see Funding Ecological and Social Destruction: The World Bank and International Monetary Fund (Washington, D.C.: Bank Information Center, 1990). By contrast, the principle I advocate might be described as “Demanding Ecological and Social Preservation.”
146. For the extent to which this is an issue, see Paul Harrison, Inside the Third World: The Anatomy of Poverty (New York: Penguin, [3rd ed.] 1993).
147. Many indigenous peoples take the position that all social policies should be entered into only after consideration of their likely implications, both environmentally and culturally, for our posterity seven generations in the future. Consequently, a number of seemingly good ideas for solving shortrun problems are never entered into because no one can reasonably predict their longer-term effects; see Sylvester M.Morey, ed., Can the Red Man Help the White Man? A Denver Conference with Indian Elders (New York: Myrin Institute, 1970); also see the concluding chapter of Deloria, God Is Red.
148. For an analogous argument, see Thomas Kuhn's The Structure of Scientific Revolutions (Chicago: University of Chicago Press, [3rd ed.] 1996).
149. A contemporaneous description is offered by the man who in all probability coined the slogan; see Daniel Cohn-Bendit, Obsolete Communism: The Left-Wing Alternative (New York: McGraw-Hill, 1968). Ample contextualization will be found in George Katsiaficas’ The Imagination of the New Left: A Global Analysis of 1968 (Boston: South End Press, 1987).
150. See, e.g., Virginia Irving Armstrong, ed., I Have Spoken: American History Through the Voices of the Indians (Chicago: Swallow Press, 1971).
151. Laing, Politics of Experience. Also see R.D.Laing, The Divided Self An Existential Study of Sanity and Madness (New York: Routledge, 1999).
152. See generally, Daniel Burton-Rose, Dan Pens and Paul Wright, eds., The Celling of America: An Inside Look at the U.S. Prison Industry (Monroe, ME: Common Courage Press, 1998).
153. Armstrong, I Have Spoken, p. 79.