“We Call Upon Your Constitutional Oaths!”: A Plea to All U.S. Officials to Defend Standing Rock!

     There are approximately 1,300 professional Army Civilians and military service members within The Army Corps of Engineers Omaha District[1] brave young men & women who set aside their political opinions- their differences with each other and with the people with whom they were about to swear to protect- before affirming their Constitutional Oaths of Enlistment:

I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.[2]

    Now, it is likely that many of those young men & women did not fully comprehend- at the time they affirmed such Oath– what, exactly, they were about to swear to uphold, when swearing- for instance- “to defend The Constitution of The United States against all enemies, foreign & domestic” – nor did they, perhaps, know where in The Constitution their Oath was derived from- Article VI of The Constitution of The United Stateswhich reads as follows:

    “This Constitution, & the laws of the United States which shall be made in pursuance thereof; & all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; & the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

    The Senators & Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution[3]

    And so – which treaty is it – in which “shall be the supreme law of the land“, with “anything in the Constituiton or laws of any State to the contrary notwithstanding in which the Standing Rock Sioux Tribe lays claim to The Missouri River? Such lawful claim is inarguably asserted within ARTICLE 5 of The Treaty of Fort Laramie of 1851, which reads as follows:

    The territory of the Sioux or Dahcotah Nation, commencing the mouth of the White Earth River, on the Missouri River: thence in a southwesterly direction to the forks of the Platte River: thence up the north fork of the Platte River to a point known as the Red Bute, or where the road leaves the river; thence along the range of mountains known as the Black Hills, to the head-waters of Heart River; thence down Heart River to its mouth; and thence down the Missouri River to the place of beginning.

    It is, however, understood that, in making this recognition and acknowledgement, the aforesaid Indian nations do not hereby abandon or prejudice any rights or claims they may have to other lands; & further, that they do not surrender the privilege of hunting, fishing, or passing over any of the tracts of country heretofore described.“”[4]

    But the “Dakotah” & “Sioux” Nations are not the only nations listed within The Treaty of Fort Larmie of 1851: so are several other Tribes & Tribal Nations as well:

     Map of The Treaty of Fort Laramie:      (from The Official Portal of The North Dakota State Government website)

From “The History and Culture of the Mandan, Hidatsa, and Sahnish” from Official Portal of The north Dakota State Government website: http://www.ndstudies.org/resources/IndianStudies/threeaffiliated/historical_laws.html
From “The History and Culture of the Mandan, Hidatsa, and Sahnish” from Official Portal of The north Dakota State Government website: http://www.ndstudies.org/resources/IndianStudies/threeaffiliated/historical_laws.html

Which Bears The Question:

    Where did this “Treaty of Fort Laramie” come from?  Why was it made, & how was sacred trust gained between the people of Europe, & with our recent ancestors- the Dakota, Lakota, Nakota, & other Great Plains Nations?

Here is an answer:

    Much of the trust in which our ancestors placed in your ancestors came from a young leader among your people- a 32 year old man named Thomas Jefferson– a 32 year old man who put the people of his country before everything else- just like each of you did when you all swore to uphold your Constituional Oaths.  In 1776, Jefferson wrote the following within the opening section of The Declaration of Independence:

    “We hold these truths to be self-evident: that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.  Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed.  But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies.[5]

    Jefferson- despite popular belief- was an ardent abolitionist (anti-slavery advocate) – even though he was born into an unjust paradigm of slavery.  When Jefferson included a passage which attacked & denounced slavery in his original draft of the Declaration of Independence, it initiated the most intense debate among the delegates gathered at Philadelphia in the spring and early  summer of 1776.  Jefferson’s passage on slavery was the most important section removed from the final document, & it was replaced with a more ambiguous passage about King George’s incitement of “domestic insurrections among us.”  Decades later Jefferson blamed the removal of the passage on delegates from South Carolina, Georgia, & also Northern delegates who represented merchants who were at the time actively involved in the Trans-Atlantic slave trade.

Jefferson’s original passage on slavery:  

    “He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating & carrying them into slavery in another hemisphere or to incur miserable death in their transportation thither.  This piratical warfare, the opprobrium of infidel powers, is the warfare of the Christian King of Great Britain.  Determined to keep open a market where Men should be bought & sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or restrain this execrable commerce.  And that this assemblage of horrors might want no fact of distinguished die, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people on whom he has obtruded them: thus paying off former crimes committed again the Liberties of one people, with crimes which he urges them to commit against the lives of another.[6]

    This “Declaration”, a founding document for what would become The United States of America, of which the principles within The Constitution of The United States, The Emancipation Proclamation, glorious speeches by Martin Luther King, jr., & inspirations for research regarding what “unalienable rights” would come to mean for human dignity among a future to come, was written years before this “Third President of The United States” (Jefferson), would state the following to the Miami, Potawatamie, & Weeauh tribes in a speech on January 7th, 1802:

    “I receive with great satisfaction the visit you have been so kind as to make us at this place, & I thank the great spirit who has conducted you to us in health & safety, it is well that friends should sometimes meet, open their minds mutually, & renew the chain of affection, made by the same great spirit, & living in the same land with our brothers the red men.  We consider ourselves as of the same family; we wish to live with them as one people, & to cherish their interests as our own.  The evils which of necessity encompass the life of man are sufficiently numerous; why should we add to them by voluntarily distressing & destroying one another?  Peace, brothers, is better than war.  In a long & bloody war, we lose many friends, & gain nothing; let us then live in peace & friendship together, doing to each other all the good we can; the wise & good on both sides desire this, & we must take care that the foolish & wicked among us shall not prevent it.  On our part, we shall endeavor in all things to be just & generous towards you, & to aid you in meeting those difficulties which a change of circumstances is bringing on… I consider it as fortunate that you have made your visit at this time when our wise men form the sixteen states are collected together in council, who being equally disposed to befriend you can strengthen our hands in the good we all wish to render you.  The several matters you opened to us in your speech the other day, & those on which you have since conversed with the Secretary at war, have been duly considered by us, he will now deliver answers, & you are to consider what he says, as if said by myself, & that what we promise we shall faithfully perform.[7]

     Two  years after delivering the aforementioned speech, Jefferson commissioned the famed Corps. of Discovery to explore northward from St. Louis, Missouri along The Missouri River, to where the renown explorers Captain Meriwether Lewis & Second Lieutenant William Clark, as well as a young childhood friend of Clark’s, an African American man named York (whom our people named “Big Medicine”), would come to meet our people, & we would begin to earn one another’s trust in the same way that any lifelong friends gain trust- a sacred bond which is never given lightly by anyone, nor re-gained overnight when such sacred bond of trust has been dishonored. 

Before continuing, please read the following sections we have assembled from a place of love & understanding, & to “grab the hand of a friend who has lost their way”:

Pre-Contact Lakota

First Contact with Europeans

The Two Treaties of Fort Laramie

                       All Major Treaty Violations                    (& the laws that were violated at those times)

Note:  Please contact us if there are any amendments which ought be considered; some sections of thie website are still being assembled, but releasing to the public is, at this time, an urgent matter.

    Now, it is difficult to trust someone who has hurt you again & again, & we have trusted your people for generations, but for generations, now, things have not been made right, & instead have continued to decline.  Today- our friendship- is wounded.  Our friendship- is in many ways beyond repair- for today we can relate more to the words of Thomas Jefferson, than we can with the America of today.  Our treaty has been violated time & time again, & today it appears as if government officials act as if The Treaty of Fort Laramie, Article VI of The Constitution, or our well-being in general- does not exist or matter- & it has been going on like this now for decades- going back to the days of Andrew Jackson when our Dakota neighbors- as well as many other tribes- came fleeing westward to escape the horrors caused by The Indian Removal Act of 1830– but we forgave & gave another chance years later, when signing the aforementioned Treaty of Fort Laramie of 1851.  

FAQ:  Is The 1851 Treaty of Fort Laramie still in effect?

    Yes.  Though countless treaty violations against the treaty have occurred, there has been no lawful negation of the original treaty contract.  When violations have occurred, they have been color of law crimes, wherein “the appearance of law” has been used in order to deprive the BODY POLITIC known as (among other names) The Great Sioux Nation, of our Constitutional Rights, both as a tribe and as individuals: such violations have been in direct violation of United States Code Title 18-CRIMES AND CRIMINAL PROCEDURE, PART I-CRIMES, CHAPTER 13- CIVIL RIGHTS, §242. Deprivation of rights under color of law.[8]

7-deprivation-of-rights

    Conspiracy is a continuing offense.  For statutes such as 18 U.S.C. § 371, which require “an overt act in furtherance of the conspiracy“, the statute of limitations begins to run on the date of the last overt act.[9]  

    Section 3282 of Title 18, United States Code states that, “prosecution for a non-capital offense shall be instituted within five years after the offense was committed.[10]

    Whereas unconstitutional violations upon the  Treaty of Fort Laramie of 1851 have been comprised of “overt acts of furtherance” by “2 or more persons” as part of a “continuing offense”, the approval of the construction of the Dakota Access Pipeline Project, through Extortion has merely extended the statute of limitations going back all the way to the very first treaty violation upon the Treaty of Fort Laramie- the so-called “Grattan Massacre”.; the Treaty of Fort Laramie of 1851 is in full effect.

WHEREAS:

   When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Tribes.  Recent abuses include:

Civil Rights Violations Against Water Protectors

The Destruction & Desecration of Federally-Protected, Sacred Ancestral Burial Sites

Constant FAA Violations, harassment by aircraft

Failure of Officers to Identify Themselves; Evasion of Federal Law & Public Endangerment

Violations of The American Indian Religious Freedom Act

The Destruction & Theft of Drones being used for First Amendment Purposes (to monitor our sacred sites to gather evidence so we are not abused in court through ‘lack of evidence’)

Officers Operating Outside Their Jurisdiction (“Diversity of Jurisdiction”)

Countless Cases of Media Slander Against Our Character as Individuals and As People

Treaty Violation After Treaty Violation After Treaty Violation

WHEREAS:

We have gathered significant number of Petition signatures for our cause (thank you Water Protectors!!)

We, The People of The Great Plains Tribal Nations, & Our Allies Who Come From Many Races, Classes, & Creeds from Around the World aka “Water Protectors”, do hereby assume & exert our inalienable right to peaceably to assemble, & to Petition the Government for a

Redress of Grievances

 

Source Links:

[1]:   From Army Corps of Engineers, Omaha District’s “Colonel John W. Henderson, Commander and District Engineer”page: http://www.nwo.usace.army.mil/Media/Bio-Article-View/Article/602063/colonel-john-w-henderson/
[2]:  Army Values; “Oath of Enlistment”:  https://www.army.mil/values/oath.html
[3]:  Library of Congress, “Transcript fo The Constitution of The United States”:  https://www.ourdocuments.gov/doc.php?flash=true&doc=9&page=transcript
[4]:  Government Printing Office:  “INDIAN AFFAIRS: LAWS AND TREATIES; TREATY OF FORT LARAMIE WITH SIOUX, ETC., 1851”:  http://digital.library.okstate.edu/kappler/Vol2/treaties/sio0594.htm
[5]:  Transcript of The Declaration of Independence:  http://www.ushistory.org/declaration/document/
[6]:  Removed section of The Declaration of Independence:  Thomas Jefferson, The Writings of Thomas Jefferson: Being His Autobiography, Correspondence, Reports, Messages, Addresses, and other Writings, Official and Private (Washington, D.C.: Taylor & Maury, 1853-1854):  http://www.blackpast.org/primary/declaration-independence-and-debate-over-slavery#sthash.GEqtBhOw.dpuf
[8]:  United States Code Title 18-CRIMES AND CRIMINAL PROCEDURE, PART I-CRIMES, CHAPTER 13- CIVIL RIGHTS, §242. Deprivation of rights under color of law:  http://uscode.house.gov/view.xhtml?req=deprivation+of+rights+under+color+of+law&f=treesort&fq=true&num=1&hl=true&edition=prelim&granuleId=USC-prelim-title18-section242

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