Lakotah Unilateral Withdrawal from All Agreements and Treaties with the United States of America
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. Please contact the Republic of Lakotah at (605) 867-1111 or firstname.lastname@example.org.
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
Heretofore known as Duane Martin Sr.
Heretofore know as Russell Means
Mni yuha Najin Win
Heretofore known as Phyllis Young
Political and Diplomatic Relations with the United States of America
The first official contacts between Lakotah and the government of the United States of America began in earnest after the United States conducted a commercial transaction with France, commonly known as the Louisiana Purchase, in1803. Prior to that time, Lakotah exercised complete and unfettered freedom and independence in their territory. According to the fantasy of United States’ history, the Louisiana Purchase was a purported sale by France to the United States of 530 million acres (2.1 million sq.km.) for $15 million. Part of this sale included the territory of Lakotah who, of course never had knowledge of, nor gave consent to, the sale of their national territory.
The first treaty between the U.S. and any segment of Lakotah occurred in 1805, and various other treaties of “peace and friendship,” between Lakotah and the U.S. As citizens of the U.S. began to invade and encroach on the territory of Lakotah in increasing numbers, tensions and violence erupted. To prevent full-scale war, the Fort Laramie Treaty of 1851 was requested by the U.S., to allow a transportation route through Lakotah territory. The treaty did not impair the sovereignty or the independence of Lakotah. In fact, the treaty expressly recognized Lakotah as an independent nation, and the treaty respected “all national business” of Lakotah.
After repeated violations by the United States of the 1851 Treaty, warfare broke out between Lakotah and the U.S. Lakotah defeated the U.S. in the so-called “Red Cloud War,” leading to the U.S. to call for another treaty conference at Fort Laramie. The second treaty agreed for the U.S. to abandon the Bozeman Road, and the accompanying military forts that had been built along it, and promised to keep U.S. troops and settlers out of Lakotah territory. Almost immediately, the U.S. began violating terms of the treaty, allowing railroad and
mining interests to trespass and steal Lakotah resources and territory. In 1874, the infamous U.S. military commander, George Custer, led an invasion of the most sacred part of Lakotah territory, the Paha Sapa (Black Hills), prompting an invasion of gold seekers, and provoking another war between the U.S. and Lakotah. As a result of the war, Lakotah territory was illegally occupied by the U.S., and billions of dollars of natural resources have been stolen from the occupied territories of Lakotah.
The United States has engaged in multiple military, legal and political strategies for more than a century to deny Lakotah our right to freedom and self-determination. In 1876-77, in violations of the treaties that it had signed with Lakotah, the U.S. engaged in a sell-or-starve policy to coerce Lakotah to sell our national
homeland. Lakotah refused, and has consistently refused to the present time.
In 1871, the U.S. decided no longer to enter into treaties with indigenous nations, but the U.S. treaty-ending legislation made explicit that the new policy of the United States would in no way impair or limit those treaties already in force between indigenous nations and the U.S. Lakotah have consistently relied on the sanctity of the treaty between the U.S. and Lakotah.
As mentioned above, the United States has consistently violated the treaties between Lakotah and the U.S., resulting in the loss of life, resources, and territory for Lakotah. Although the United States was willing to take the benefit of its bargain (i.e., territory and natural resources) in signing treaties with Lakotah, it was almost immediately unwilling to respect the mutual bargain to the Lakotah. The U.S. began to use U.S. law and policy to attempt to diminish the political, economic and cultural freedom of Lakotah. After signing the 1868 Fort Laramie Treaty, the U.S. allowed its military, and its civilian citizens to invade Lakotah territory to steal gold, silver and other natural resources. The U.S. unilaterally violated the 1868 Treaty throughout the 1870s and 1880s by coercing alterations in the Treaty onto Lakotah, without the required 2/3 agreement of Lakotah, as required in the Treaty.
Although the U.S. Supreme Court recognized the ongoing freedom and independence of Lakotah in the landmark case of Ex Parte Crow Dog (1883), two years later, the U.S. Congress attempted to steal Lakotah independence through the passage of the Major Crimes Act, that unilaterally extended U.S. criminal jurisdiction into Lakotah territory.
These actions were followed by more arrogant actions of the United States, culminating in the shocking Supreme Court Case of Lone Wolf v. Hitchcock (1903). Although Lone Wolf involved the Kiowa and Comanche Nations in what is now the State of Oklahoma, its impact adversely affected Lakotah. In Lone Wolf, the United States not only said that it could violate, change or abrogate treaties with Indian nations unilaterally, but it also said that the U.S. Congress possesses plenary (absolute) power to legislate in any way in indigenous affairs without the consent or consideration of indigenous nations.
By extension, Lone Wolf has been used to violate hundreds of treaties between the U.S. and indigenous peoples, including Lakotah. Through the operation of Lone Wolf, the U.S. stole the sacred Black Hills, allowed the mining of billions of dollars of gold from them, admitted that the Black Hills were taken in violation of the 1868 Fort Laramie Treaty, and then offered to compensate Lakotah at 1874 land values. Lakotah have, to
this day, rejected the offer of payment, and continue to insist on the return of the Paha Sapa (Black Hills).
An overview of violations follows:
• Homestead Acts
• Allotment Acts
• Citizenship Act forcing United States citizenship upon all American Indians
• Indian Reorganization Act a.k.a. Howard Wheeler Act (the first Apartheid Act)
• Forced relocation during the decades of the 1950’s over the 1960’s.
• Supreme Court decision disallowing our religions.
• Even though we are citizens of the United States of America, we are denied
protections of the United States Constitution while living on Indian reservations, etcetera, etcetera, etcetera.
The operation of the United States in the nefarious ways outlined above are a violation, not only of the sovereignty and independence of Lakotah, not only of the solemn treaty signed between the U.S. and Lakotah, but it is a violation of the fundamental law of the United States itself. Article Six of the United States Constitution explicitly states that treaties signed by the United States are the supreme law of the land, and must be respected by every court and by every lawmaker, as such.
1. Treaties of Fort Laramie, 1851 and 1868
2. Article VI of United States Constitution
Article. VI. – Debts, Supremacy, Oaths
All Debts contracted and Engagements entered into, before the Adoption of this
Constitution, shall be as valid against the United States under this Constitution, as under
the Confederation. 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. The Senators and 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; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States.
3. Vienna Convention on Treaties 1969; specifically Article 49,
Article 60 Parts I and II
Article 49- Fraud
If a State has been induced to conclude a treaty by the fraudulent conduct govern questions not regulated by the provisions of the present Convention, Have agreed as follows:
PART I INTRODUCTION
Scope of the present Convention
The present Convention applies to treaties between States.
Use of terms
1. For the purposes of the present Convention:
(a) ‘treaty’ means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation;
(b) ‘ratification’, ‘acceptance’, ‘approval’ and ‘accession’ mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty;
(c) ‘full powers’ means a document emanating from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with respect
to a treaty;
(d) ‘reservation’ means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State;
(e) ‘negotiating State’ means a State which took part in the drawing up and adoption of the text of the treaty;
(f) ‘contracting State’ means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force;
(g) ‘party’ means a State which has consented to be bound by the treaty and for which the treaty is in force;
(h) ‘third State’ means a State not a party to the treaty;
(i) ‘international organization’ means an intergovernmental organization.
Termination or suspension of the operation of a treaty as a consequence of its breach
1. A material breach of a bilateral treaty by one of the parties entitles the other to invoke the breach as aground for terminating the treaty or suspending its operation in whole or in part.
2. A material breach of a multilateral treaty by one of the parties entitles:
(a) the other parties by unanimous agreement to suspend the operation of the treaty in
whole or in part or to terminate it either:
(i) in the relations between themselves and the defaulting State, or
(ii) as between all the parties;
(b) a party specially affected by the breach to invoke it as a ground for suspending the
operation of the
treaty in whole or in part in the relations between itself and the defaulting State;
(c) any party other than the defaulting State to invoke the breach as a ground for suspending the operation
of the treaty in whole or in part with respect to itself if the treaty is of such a character that a material breach of its provisions by one party radically changes the position of every party with respect to the further performance of its obligations under the treaty.
3. A material breach of a treaty, for the purposes of this article, consists in:
(a) a repudiation of the treaty not sanctioned by the present Convention; or
(b) the violation of a provision essential to the accomplishment of the object or purpose of the treaty.
4. The foregoing paragraphs are without prejudice to any provision in the treaty applicable in the event of a breach.
5. Paragraphs 1 to 3 do not apply to provisions relating to the protection of the human person contained in
treaties of a humanitarian character, in particular to provisions prohibiting any form of reprisals against persons protected by such treaties.
4. United Nations Declaration of Indigenous Rights 2007;
specifically Article 37
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 honor 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.
5. Lone Wolf v. Hitchcock (1903)
Note: Lakotah precludes all litigation and political intrusions not relevant to Lakotah.
The Government of the United States has a long, well document His-Story of lying to the American Indians and violating its Treaties with us. This genocidal colonialism has directly led to the inhumane and tragic living conditions on this, and most Indian Reservations.
“They made us many promises, more than I can remember, but they never kept but one; they promised not to take our land, and they did.” – Mahpiua Luta “Red Cloud” Oglala Lakotah
Now, it is clearly evident that our Government is using even more refined tactics of Orwellian propaganda to hypnotize ALL Americans into endorsing it’s hegemony of the World:
- Homeland security is the new, expanded, version of the B.I.A.: Just last night, we see that the ABC network is promoting a new show, “Homeland Security USA,” Every day the men and women of the Department of Homeland Security patrol more than 100,000 miles of America’s borders. This territory includes airports, seaports, land borders, international mail centers, the open seas, mountains, deserts and even cyberspace (and remember anytown U.S.A. too!) . Now viewers will get an unprecedented look at the work of these men and women while they use the newest technology to safeguard our country and enforce our laws, in “Homeland Security USA,” … This strategy of brainwashing the public and glorifying the violence that our Government foments is apparent in the comments of one of this shows new fans, “I think America needs to be educated in how hard our Homeland Security officers work everyday to protect THEM! They do risk their lives every moment. I do think a few things in the show were a bit ridiculous but then again I’m hoping that they will learn from their mistakes and improve the show. Also if you have ever seen Australia’s reality show about their Homeland security you will see how interesting and exciting they can make it.” (emphasis added)
- A Nation of Laws?: How many times have we heard this rhetoric about the U.S. being a nation of laws? Just as the Indian’s have been denied their sovereign rights, the Government, through the ‘Patriot Act’ and other legislation, is dramatically eroding the sovereign rights of ALL Americans. Beware the erosion, nay extinction, of the Posse Comitatus Act.
- History of Government misconduct in the Court room (Sacrosanct?) During the Wounded Knee trial in 1973, the court supplemented its oral ruling with a written decision on October 9, 1974, finding governmental misconduct due to:
(1) The prosecutor’s deliberate or at least negligent conduct in offering and failing to correct the “obviously false” testimony of Government witness Louis Moves Camp (concocted by the F.B.I.);(2) The prosecutor’s “intentional deception” of the court with respect to an alleged rape incident involving the witness Louis Moves Camp;(3) The prosecutor’s “grossly negligent conduct,” if not “deliberate deception,” in offering the testimony of Government witness Alexander David Richards when that testimony was directly contradicted in a previously transcribed interview;(4) The prosecutor’s having been “either deliberately or negligently dilatory” in searching for information detailing the extent of military involvement at Wounded Knee and Government “cover up” of the extent of that involvement;
- He DID Promise Change: (VIEW THE VIDEO BY RUSSELL MEANS) Lastly, we must again address, Prez Obama’s pick for Chief of Staff, Rahm Emanuel. We maintain that this choice is not a new one, but part of a larger plan to ‘change’ the government from one run by neo-cons to one run by zionists. Rahm Israel Emanuel (Hebrew: ?? ???????) was born in Chicago, Illinois. His first name, Rahm, means “high” or “lofty” in Hebrew, while his last name, Emanuel, means “God is with us.” According to his father, his son is the namesake of Rahamim, a Lehi combatant who was killed. Rahm
Where is the Constitution? Where is the Law? What will happen to us in the coming months and years? Legislation Eroding Your Civil Rights!
A note from Russell: Albert Einsteins definition of insanity: doing the same thing over and over again and expecting different results.
Anyone capable of critical thinking has known for some time that at least since 1948 America is being raped by the DemoPublicans for the purpose of profiteering and control. This is clearly evident by this Country’s intentional transformation from a productive, producing Nation to a greed-based “consumer” mentality! Through mass psychological manipulation via the media and the government takeover of the schools, American Citizens have become nothing more than lemmings following the Pied Piper, e.g. the U.S. GOVERNMENT, totally forgetting there responsibilities as free, sovereign individuals. Always remember the axiom, “Freedom means you are free to be responsible!”
Ward Churchill has written a book entitled, On the Justice of Roosting Chickens, where he uses U.S. government documents to dispel the two public relations claims of the government, which are that; 1) America is a nation of laws, and 2) America is a peace loving nation. In this book he proves that America has been at war every year of its existence and, since 1946, has violated U.S. Constitutional and International Laws each and every year.
IN THIS ARTICLE:
1. Posse Comitatus Act Eliminated
The Act was a response to, and subsequent prohibition of, the military occupation by U.S. Army troops of the former Confederate States during the ten years of Reconstruction (1867