Wednesday, August 18, 2010

Letter to Indian Country Today 8-18-10

The most vicious criminal convict sitting in federal prison has had justice in the federal courts, but 17,000 Indian claimants nationwide have been denied justice and compensation for nearly 100 years in America. You must realize that not every conspiracy is a theory, as most are proven to be true. The BIA forced patent conspiracy to defraud thousands of innocent Indian allottees nationwide of their trust allotments has not only been proven by Congressional Investigations dating back to the allotment period, but there is a public confession of guilt by the federal trustee in Congress. What more does the Congress need to provide justice and make things right with the Indian people?
In Oversight Hearings On Statute Of Limitations Before The Senate Select Committee On Indian Affairs, 96th Cong., 1st Sess. 3-13 (1979) Statement of Forest Gerard, Assistant Secretary for Indian Affairs: “Litigation was thought inappropriate in these cases because the government would have to sue itself on behalf of Indian claimants.” Is that a public confession of guilt?
Congress was acutely aware that litigation in many instances would be unfair to third parties who had purchased their property many years ago without knowledge of the Indian claims. This is a dubious statement because the forced patents were investigated and known to Congress since the 1920’s in the Survey of Conditions of Indians in the United States conducted by the Subcommittee of the Committee on Indian Affairs of the United States Senate. Many of the Blackfeet Chiefs and allottees testified to the committee in 1929 and the senate investigator provided reports on the crimes. As for “innocent third parties” occupying the stolen Indian allotments without knowledge of the thefts, it would be hard to find a white man on the Blackfeet reservation who did not know he was on stolen Indian lands.
It is a subject of great satisfaction to the illegal white emigrants on the reservation and border-towns adjoining the Blackfeet Indian Reservation because they are the guilty parties to the conspiracy who have benefited by conspiracy. In 1980 Congress was troubled by the serious problem of complicity on the part of the federal government in bringing about many improper transfers and encumbrances of Indian land (e.g. Secretarial transfer, forced fee patent, and old age assistance claims), S. Rep. 96-569, supra at 3. Senator Cohen’s remarks in introducing legislation to extend the statute of limitations yet another time exposed the Interior Department’s plan to will the remainder of 17,000 Indian claims out of existence.
The Sampsel Report submitted by the Interior Department contained one legislative proposal to 50% of the O.A.A. claims and threw out 17,000 Indian claims by departmental rule and claimed this report brought the Interior Dept. into substantial compliance with P.L. 96-217.
Section 2 of P.L. 96-217 provided that all Indian claims not litigated by the Interior Dept. that legislative proposals would developed and be sent to Congress to resolve outstanding Indian claims by legislative solutions.
Congress was also troubled that waiving claims for damages on the grounds that the claim for title to the land is not barred does not do justice for the Indian landowner or the non-Indian who is occupying the Indian land in good faith and under color of title. Indian water rights claims were waived by the Interior Department on the stolen Indian allotments which Chairman Cohen thought “will almost certainly adversely affect the bargaining position of the United States and the tribes in attempting to reach settlement of these claims.” In the light of Blackfeet Tribe-State of Montana Water Compact negotiations the water rights of the Blackfeet forced patent victims were thrown out in the settlement. We estimate there are 500,000 acres in play in the Blackfeet forced patents claims. I suspect tribes nationwide suffered diminished tribal and allotted reserved water rights claims on their reservations water quantification absent settlement of Indian land fraud claims prior to state-tribal water compact negotiations.
Indian claimants nationwide are the victims of the impasse between the Executive Branch and Legislative Branch of the United States Government to settle 17,000 outstanding Indian claims to 10,000,000 acres of allotted lands. The Interior Department is the admitted perpetrator of the land frauds, but has been allowed to function as criminal, judge, and jury in their complicity with non-Indians. What was their verdict? It is the same verdict reached in any oppressive government, not guilty on all charges.
This is now a political fight and the absence of national Indian advocacy organizations support, that constantly bray to the world on injustices to the Indians have remained silent on this issue and their silence is duly noted.
It was Thomas Jefferson who noted that ownership of land is the only way to generate wealth in America. The root of tribal and Indian poverty is the land frauds committed by the federal trustee and their co-conspirators. Welfare is the band aid that covers the wounds of generations of Indian families after the theft of their family lands. It is time to heal those wounds. Nobody has paid for the crimes against the Indian property in one hundred years and we will not let the United States Government forget their role in the impoverishment of Indians nationwide. It would seem to me that the best foreign policy the United States can exhibit to the world is to live up to the original American treaties with the Indian people. We have our Indian troops fighting in Iraq for the freedom and liberty of Iraqi’s. We need our national Indian leaders to stand up for us reservation Indians who they represent. I would like to live on my grandma’s allotment but there is a white man with a tax deed from the county on it. There is something basically wrong with that scenario, white ranchers on Indian trust lands. It is the visible head of the conspiracy. The loose change claims [BIA-IIM] will buy you a smoking used car. It is not the answer we are seeking because it did not consider the 17,000 Indian claims to 10,000,000 acres of stolen Indian lands nationwide. We will stay impoverished until we regain our stolen treaty lands to all of the reservations nationwide. It is a treaty right to be free of white rule [state law and speculators]. It is up to us to demand our lands and treaty rights taken by conspiracy. The white ranchers and landowners on our reservation are a constant reminder of the loss of our lands and a continual source of anger and repressed feelings for the Indian people. We cannot be made whole again until justice is provided and the return of our home lands is accomplished. We have the evidence and the confession but we lack the support of national Indian organizations to lobby for us. Please help us.

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