Republic of Lakotah: Rebirth of a Nation

So much of my energy for the past year was tied up in the election that I missed something, something I had been hoping to see for a long time.  It wasn't until I received Debi McLeod's email calling for aid to Pine Ridge that I saw this (let this be a cautionary tale on the trap of myopia).   On 17 December 2007, a delegation of leaders of the Lakotah Nation delivered a message to the U.S. Department of State that they were unilaterally withdrawing from treaties between their nation and the United States.  Lakotah leader, and indigenous rights activist Russell Means declared, "We are no longer citizens of the United States of America and all those who live in the five-state area that encompasses our country are free to join us."  To that end the Lakotah have moved to establish what is being called the Republic of Lakotah.

Here is the Republic's partial statement on unilateral withdrawal.

“We as the freedom loving Lakotah People are the predecessor sovereign of Dakota Territory as evidenced by the Treaties with the United States Government, including, but not limited to, the Treaty of 1851 and the Treaty of 1868 at Fort Laramie. Lakotah, formally and unilaterally withdraws from all agreements and treaties imposed by the United States Government on the Lakotah People. Lakotah , and the population therein, have waited for at least 155 years for the United States of America to adhere to the provisions of the above referenced treaties. The continuing violations of these treaties’ terms have resulted in the near annihilation of our people physically, spiritually, and culturally.

Lakotah rejects United States Termination By Appropriation policy from 1871 to the present. In addition, the evidence of gross violations of the above referenced treaties are listed herein. Lakotah encourages the United States of America, through its Government,

to enter into dialogue with Lakotah regarding the boundaries, the land and the resources therein.

Should the United States and its subordinate governments choose not to act in good faith concerning the rebirth of our nation, we hereby advise the United States Government that Lakotah will begin to administer liens against real estate transactions within the five state area of Lakotah.

Lakotah, through its government, appointed the following representatives to withdraw from all the treaties with the United States of America based on the Vienna Convention on the Law of Treaties entered into force in 1980 and the U.N. Declaration on the Rights of Indigenous Peoples 2007.”

Teghiya Kte Canupa
Heretofore known as Gary Rowland

Gluha Mani
Heretofore known as Duane Martin Sr.

Oyate Wacinyapin
Heretofore know as Russell Means

Mni yuha Najin Win
Heretofore known as Phyllis Young

Republic Of Lakotah P.O. Box 99 Porcupine SD 57772, SD 57772
http://wwwrepublicoflakota.com

Go here to read the full statement, including the legal basis for this action here.  

I, like every student in American public schools, was sold the legendary heroic tales of the European explorers (who mostly turned out to be slave traders and mass murderers), but never got much in the way of anything resembling a history of America's First Nations beyond the story that they were wild, blood thirsty savages that had to be subdued (and the Trail of Tears was really sad).  Nothing about their religions, cultures, history, languages...nothing; so I decided to educate myself.

Part of my research led me to my university's graduate library where there were volumes upon volumes containing every treaty made between the United States and Plains nations including the Cheyenne, Kiowa, Arapaho, and Lakotah.  My original theory was that these nations could invalidate these treaties based on the presence of illegitimate signatures.  Terms were set that certain numbers of members of each signatory band had to sign.  Many were just an "X", some were dead people (and you thought Chicago invented that game).  If a precise number of false signatures could be found, bringing the required number below that legal standard, then the treaties were never properly ratified, and thus invalid.  The wind of time makes this a difficult procedure at best, but not impossible.

There were obvious points before I began this research, the most glaring being that the United States government repeatedly violated treaties it signed with the bands of the Lakotah Nation.  But there was this missing piece, and of course it was right in front of my face.  Article VI of the Constitution of the United States:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Regardless of the protestations of the United States government, its breaking of treaties with the Lakotah, and other indigenous nations, was a violation of the Constitution.  But it wasn't until the signing of the Declaration of Indigenous Rights that the pieces could fall into place. 

Article 37 states:

1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.
2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.

Now, Lakotah leaders are at last standing up, with the full weight of constitutional and international legitimacy, and saying, as we did in 1776, "We have a country."  

The land represented in the territory of the Lakotah Republic encompasses all the territory that was granted to their nation in the Fort Laramie Treaty of 1868 (see the above map), a treaty the United States chose to violate after an expedition to the Paha Sapa (the Black Hills), led by George Custer no less, found gold there.  It is exactly as I envisioned it when I first read those treaties; that the Lakotah are entitled to take back all of that land and live a free life, as they never really legally surrendered it.

I have been arguing here that all three branches of the federal government have been acting in violation of the Constitution vis a vis FISA, the suspension of habeas corpus, and the SCOTUS decision to strike down the ruling of the 6th District Court of Appeals ruling regarding the voter registration fraud in Ohio.  I cannot demand constitutional legitimacy from the United States government in regard to my own liberties and freedoms without demanding it on behalf of the Republic of Lakotah, and all indigenous peoples with whom the U.S. treated, as well as recognizing the new Republic's sovereignty and borders.

For the record, Means and the other leaders of the Republic of Lakotah are not speaking on behalf of the entire nation, but in the recent tribal elections on Pine Ridge 45% of voters supported Means, the Freedom ticket, and independency. That means 45% of people on Pine Ridge are willing to give up the slavery of U.S. welfare and handouts in order to rebuild their nation free of the United States. The remaining 55% voted for dependency. It will be interesting to see how the Freedom ticket does on the other Lakotah reservations. I for one stand on the side of freedom.

In my view, in light of July 4, 1776, any American who fails to recognize the independence and sovereignty of the R.o.L. is a flaming hypocrite.

Here is Russell Means talking about the vision of Lakotah

Blessings of success, protection and peace to the Republic of Lakotah as you embark on this new venture.

                                         יְבָרֶכְךָ יְהוָה, וְיִשְׁמְרֶךָ
                                  יָאֵר יְהוָה פָּנָיו אֵלֶיךָ, וִיחֻנֶּךָּ
                              יִשָּׂא יְהוָה פָּנָיו אֵלֶיךָ, וְיָשֵׂם לְךָ שָׁלוֹם

May the Creator bless you and protect you.

May the Creator's countenance shine upon you and be gracious to you.

May the Creator's countenance shine upon you and grant you peace.