It’s in all of our interests to show respect for the protests now underway at the Standing Rock Indian Reservation (and nearby). I acknowledge that the pipeline company has a right to extend its oil pipeline across the Missouri River (willing buyer–willing seller, the very essence of American capitalism). I acknowledge that the state of North Dakota has a legitimate interest in seeking to protect public order and make sure that legitimate business contracts are protected. And I even acknowledge that the Standing Rock Lakota may have missed better opportunities to protest the siting of this oil pipeline on the northern perimeter of its sovereign homeland.
Still, my heart and my head are with the protesters. Here’s why.
- In the Declaration of Independence, Jefferson said we ought not to rebel for “light and transient causes,” 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….” The pipeline issue comes at the end of an almost endless train of “abuses and usurpations.” Short list: Broken treaties; treaties forced on tribal leaders who were not even aware of their contents; deliberately exploitative trade, often “facilitated” by liberal use of trade whiskey, for which Native Americans had little resistance; profound reduction of tribal homelands by Congressional action or executive orders without any consultation with tribes; the Dawes Act (1887), which permitted non-Indians to file on “surplus” lands on Indian reservations, thus checkcrboarding what appear to be sovereign tribal homelands; the Indian Boarding Schools, whereby Indian children were taken from their families often without consent, their hair shorn, beaten for any use of their native language, their religious acts prohibited, and a severe form of assimilation imposed on them; U.S. government prohibition of Native American religion, including the sun dance and peyote rituals; the imposition of non-Indian constitutional forms on tribes following the Indian Reorginazation Act of 1934; and here in North Dakota, the flooding of the Mandan, Hidatsa, and Arikara homelands, without consultation, in the 1950s, an act that the Lakota historian Vine Deloris, jr., called “the greatest act of aggression against Indians of the twentieth century.” And that is the short list. The Standing Rock Lakota and their friends and supporters join this protest after what Helen Hunt Jackson called a “Century of Dishonor.”
“I like a little rebellion now and then.” - A water issue has a particular potency for the Indians of the Dakotas. Garrison Dam and Oahe Dam were sited by the U.S. Army Corps of Engineers at places where those dams did maximum damage to Indian homelands, and minimum damage to white communities. All nine of the Mandan, Hidatsa, and Arikara towns were inundated by Garrison Dam, the residents, often on short notice, forced to relocate up on the windswept bluffs at New Town, where their traditional agriculture was impossible. The Lakota writer Elizabeth Cook-Lynn has said that the damming of the Missouri River north of Pierre, SD, in the 1960s “cut the spiritual artery” of the Lakota people. When these post World War II dams were created, native peoples were not at the table; when they protested in a very muted way, Corps officials, particularly Lewis Pick, vowed to punish them for their refusal merely to acquiesce in the destruction of their homelands; the compensation packages offered to the tribes were pitiful, even by the standards of those times; when the tribes asked for the dams to be moderately re-engineered to do less damage to their lands, they were dismissed and derided. The pipeline issue, just north of Standing Rock reservation boundaries, does not exist in a cultural vacuum.
- Moreover, Native Americans think about natural resources and human responsibility differently from their white counterparts. They do not regard water as a mere commodity. They continue to regard non-human entities (from pronghorn antelope to water sources to trees and rocks, for that matter) as being imbued with spiritual energies and legitimacy that humans must observe, acknowledge, and–where possible–conserve. The commodification, extraction, and instrumental worldview of white Americans is understood but not entirely shared by Native Americans. It’s this simple: the two cultures do not see things in the same way. It should be remembered, too, that when Oahu Reservoir was drawn down during the last significant drought, the water supply in Fort Yates was jeopardized, until a new intake could be built. The reliability of a healthy water supply is not taken for granted on the Standing Rock reservation.
- The Standing Rock Lakota are a sovereign nation. Although Chief Justice John Marshall famously called Indians “domestic dependent nations, the judicial interpretation in recent decades has emphasized the sovereignty of Indians nations with greater and greater legal respect. Wherever pipelines approach or cross boundaries (county, municipal, state, and especially international), special care and respect must be shown by all parties. Non-Indians have a moral duty to show particular respect to Standing Rock concerns, just as we routinely show such respect in North Dakota’s relations with Canada. Most North Dakotans are unaware of the sovereign status of the tribes who live in the state, or just indifferent to those constitutionally protected rights.
- The protests at Standing Rock represent a healthy new era in white-Indian relations in North Dakota. Remember, that Thomas Jefferson said, in a letter to James Madison, “I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical. .. It is a medicine necessary for the sound health of government.” Jefferson also wrote, to his friend John Adams, “The spirit of resistance to government is so valuable on certain occasions, that I wish it to be always kept alive. It will often be exercised when wrong, but better so than not to be exercised at all.” I’m delighted that the Standing Rock Lakota and their many allies from all over the nation (and world) have recovered sufficient confidence, solidarity, and vitality to protest what they regard as a serious injustice. I like it that the Lakota are feeling their oats. The protest is a sign that the spirit of democracy is alive and well in the United States, and that people (in this case the Lakota) care enough about their interests to put an end to a very long era of silent suffering. Those who see these protests as illegitimate are simply wrong: protest is one of the central dynamics of American life. Jefferson understood that protest and rebellion are a measure of cultural health, and a lively commitment to the protection of essential rights.
- The Northwest Ordinance of 1787 has an almost constitutional status in American jurisprudence. In a sense, the Ordinance puts finishing touches on the constitutional settlement of that same year. The Northwest Ordinance, based somewhat on Jefferson’s 1784 Plan for the Government of the Western Territories, declares: “The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed.” I believe that any reasonable analysis of the pipeline controversy indicates that the requisite non-Indian entities, including the State of North Dakota, have not passed the test of “the utmost good faith.” I do not believe that all righteousness resides with the Lakota in this controversy, and none with non-Indian entities, but the spirit of the Northwest Ordinance requires that non-Indians bring a heightened consideration and respect to Indians concerns and rights.
My point in all of this is that the Dakota Pipeline controversy is not finally about the siting of the pipeline. Now, thanks to the protest, the whole world is watching. In a sense, this is the first great test in white-Indian relations in the twenty-first century. It is critically important that the non-Indian community inaugurate a new era of greater cultural sensitivity, cultural respect, and cultural understanding. Hundreds of Indian children are involved in the gatherings on and near the Standing Rock reservation. Hundreds of thousands are watching with curiosity and concern. The way they will come to see the white community and non–Indian governments is being formed in this historic event. It is long past time for all of us to break with the tragic past. It would be quite simple to accommodate the deep concerns of the Standing Rock nation. The non-Indian community loses nothing fundamental in bringing a new spirit of generosity to bear on this and subsequent issues important to American Indian tribes.
The whole world is watching, North Dakota. Let’s get this right.
Clay Jenkinson
I think you put it very well. When the site was moved from North of Bismarck to North of Fort Yates, what they were doing was questionable. The Native Americans have every right to protest. They have not been treated well by the white man. Their treaties were ignored, they were put on reservations of poor land, and their children were taken to schoosl to learn to white man’s ways. I wonder what will become of this protest. I guess we wait and see.
Actually, their children were taken off to boarding schools to learn how to be satisfactory servants in the homes of White Americans. It wasn’t so much to learn White men’s ways as to forget Indian ways. Such a tragic history we have imposed on those Native Americans that we didn’t slaughter. Thanks for the highlight reel, Clay. None of would live long enough for the full story.
In addition to ur remarks i would hav added, If we the people do not take care of our waters, we would b committing an un wanted gargantuan suicide of that would include all living things necessary for the survival of the human race…..The poisoning of the river waters that branch out into the bigger water ways would eventually reach the seas n oceans….imagine the magnitude of these consequences for all people, wild life, n sea life……there should always b an alternative method for ensuring that we not continue or provoke more polution of seas,skys, air, n land….for this mother earth is our livelihood and our sheer existance and those all living species on her, depends on it….
We must all work together to figure how to accomplish our goals without causing more decaying of our life sustaining resources…..
This is not bout blk white or indian issues, its bout the human race n animal kindoms survival…its about life for all of us….
Let us not forget the poisoned river in the Dine Nations River….
Lita Cochran, well said….deeply felt…as a 75 Native Elder of the Great Lakes, Water is so taken for granted, the rain that falls on our faces as we lift our faces to the Heavens on the first drops of Spring rain that fall, and now our tears for all the waste of those who do not heed the warning of destroying our Mother Earth by using up her body of supplies in a harsh short span of time, fracking out her breath and causing her to taste the last bitter days of her life. Water is life.
Betty, I heard this during the podcast but when I brought it up in a Facebook discussion I was asked to provide proof. I am at a loss. Can you show me a link to the Bismarck to north of Fort Yates? Thanks!
The Bismarck Tribune, August 18, 2016.
Well said Clay. Thank you.
Thank you for this thoughtful call to understanding.
Yep.
A good-spirited and well articulated article.
As always, well spoken, well thought out and well written by an articulate man.
Bravo! Clay Jenkinson…Bravo!
David Whitethunder Trottier
A fair assessment, but still the ‘white’ political quorum is to often demanding their way with (maybe) some consideration of a compromise or submission to Indian rights “next time”. “You see, THIS dam must be built!” We all need to be working to stop the erosion. I’m also a firm believer in retribution for past wrongs. I applaud Georgetown University for finally agreeing (after lengthy protests) to compensate descendants of the black slaves who built the school and were then sold to slave owners in the south to obtain the needed funding to get the school underway. More ‘white folk’ who share this view should be joining protests against current and past injustices.
I fear that even the best-articulated reasoning will fail to stop those who just want what they want regardless of the consequences to others, and even to the earth. Witness the national political scene. I have close friends and relatives supporting Trump. I despair of critical thinking and the greater good prevailing. Thank you for raising your voice. May it be heard.
You call a vote for a felon critical thinking and and for greater good? Or perhaps you are not thinking of Clinton. In which case, never mind.
Whatever anyone may say about Hilary Clinton she has compassion for others. She has worked for others from the beginning of her career. I don’t see anything Trump has ever done that shows compassion or respect for others. I understand the fear ppl are feeling. I understand the disgust for gov’t that fails us over and over. Electing a man who has no respect for anyone and no gov’t experience and lawsuit after lawsuit and bankruptcy after bankruptcy is not something we need.
Her “compassion” for the women Bill raped and molested, consisted of destroying them! With compassion like that, I will pass.
Clay, Great article and I have waited a long time for your input. Well said and now we need to go forward for the future of the country. The people. Red,black and white what other race to remember the children of the future. We must have water to live. The First of the land are not second class citizens. They were here first.
Writing with authority and heart. Thank you.
Thanks for this beautiful (dare I say “brilliant”) essay. I will be sharing this with a lot of people including my students at UTTC.
yes you dare, it is
I think this is a very well-reasoned and passionate argument, marred by typos and spelling errors. Former English teacher here, be happy to be a copy editor before you post. It’s imperative to have no mistakes in these kinds of arguments.
I hope you personally sent this column to Dalrymple (I cannot even call him governor) and Wrigley. I’m sure it will go right over their heads. But they need to be continuously challenged in how they have handled this situation with ineptitude and perfectly illustrate why indigenous peoples have every reason to distrust the white institutions.
Thanks so much for this post. Recognizing the continued attempts at genocide, with the continuous bleed of resources and power, in this short powerful list of transgressions was heart-wrenching. I agree that it is time to take responsibility for our actions as a state and nation. We often depend on Native American sovereignty and their willingness to defend Earth to safeguard our existence and our abuse of resources. We do not have to be bystanders in this resistance.
Wonderful, rich writing of history and today. We all need to understand and do the right things as we take care of each other and the world – we live her together.
Clay Jenkinson is the scholar’s scholar, and he played a super good Thomas Jefferson during the L&C Bicentennial
Well said.
I am a Lakota winyan (woman) and grandmother from the Cheyenne River Sioux Reservation. I ask your apologes for not knowing who exactly you are Clay, but you have written a clear understanding of the way we see history which these atrocities still exist and continue on today with our people on our reservations, inadequate health care where IHS tries to save a few bucks at the end of the year to give themselves bonuses, no adequate increases in any sort of funding by the government for services that directly affect the people from Law Enforcement, health care, domestic violence services, schools including special needs services, equal opportunity for college, cutting of food stamps, no jobs for people-we have around 87.5 percent unemployment, no social services for financial assistance, which happens about three months or more through out the year and especiaaly during winter months, people freezing to death, elderly and children going hungry, etc, etc, i am one of the lucky few who went to college and came home to try and help our people, i have been paying on my student loans for many many years and live in a poverty stricken reservation where i depend on my salary check from one pay check to the next, most of us employed help our children, grand children and elderly parents so they can survive until EBT comes in and Social Services/social security check. According to our Treaty with the Federal Government, it states that we are to get free health care, paid schooling, rations every month, housing, etc, and that all this and the land and water that we have is until the grass quits growing and the water quits flowing. Thank you for your support of our right to protect the water, for our generations to come and for all peoples down river.
Amen.
Just some of the many ‘trust responsibilities’ the govt has to the native Americans. The powers that be have conveniently slight, short-change or just tossed in the trash. 4000 + broken treaties later they are praying we forget, just my humble opinion.
Excellent summary of which is happening on most Indian reservations. In the land of the free who are not free to express and protect what has been theirs since the beginning of time on their land.
A’ho, Lynn well said.
I guess The Govenor of North Dakota, who owns shares in oil companies such as Exxon has utilized his resources as Govenor, bringing in helicopters today and pit bulls to attack children at the camp, i understand the ND Law Enforcement has cut off the spiritual “Sacred Stone Camp” and people are not allowed to leave the camp, unless you are leaving to go home, and the Law Enforcement are not allowing other people to go into the camp. Law Enforcement is not allowing food and water into the camp as of today.
I suppose anyone who tried a supply drop from a private chopper would be forced to land before the got near the camp. This is America?
At what point does raw, unfettered capitalism (even though, as you know, America is not a purely capitalist republic) compromise the public good? Putting a pipeline over the Oglala reservoir potentially adversely affects millions of Americans – Native and otherwise. I do not agree the company has the right to do this. Something needs to be fixed in our environmental survey/permitting system when the greater good of an entire nation is at stake for the profit of a few. Now that these global corporations can buy Anerican elections and put their people in place, our future, health and well being are at risk. We should all be standing with Anerican Indians at Standing Rock. The US can never repair the genocide that took place from the time of colonization onward. However, now is the time to show respect, honor treaties and learn about the importance of the Earth from the people who have always known how important it is. Yet, we are repeating the transgressions at this very moment with trumped up arrests, physical assaults of peaceful protesters, and I’m sure, there is more to come.
I agree with Elizabeth above. Praying for Divine intervention.
Thank you Clay,
Standing Rock has been involved in challenging the DAPL plan from early on. They, as all tribal nations would, have been communicating to the US Army (sound familiar?) Corp of Engineers and other federal agencies. The Corp wasn’t appropriately responsive. Tribal nations and the US government have a unique relationship. Tribal governments have a trust relationship with the US. In many ways, the relationship is similar to the one that states have with the feds. The Public Service Commission of ND, asserts that the Standing Rock Tribe didn’t come to them with comments. The Tribe, first off is a sovereign nation that may feel that going to the ND government with their hat in their hand is not appropriate. And I agree. I also think that the PSC would have said “thank you for your comments” and gone on with their approval. I have experience with ND and US agencies that gives me the impression that the decisions are made long before the public is invited to comment
Clay, when you suggest that the SRST should have, or could have done more earlier, misses the nature of resistance organizing and mobilization. The Sacred Stone Camp has been there since April. As I understand it, that was when it became clear that the multiple states and the Corp were all in on approving the route. The Camp started with only a very few people who came together to pray and stand up. Who could have know that, when site work began for boring under the river, thousands of people would show up. This standoff has galvanized hearts and brought a regeneration of hope, identity, unity and warrior spirit.
I stayed at the camp recently. I have friends among the leaders, I got together with old friends from the Flathead Reservation, and I am finding many friends sharing news on social network. This has become a movement and is something to be reckoned with. I think this a perfect time here in North Dakota to educate ourselves on the history of the northern plains and all of “Indian Country”. We owe it to ourselves as lovers of freedom and fairness.
A great article regarding the objections by Standing Rock Nation to the Dakota Access Pipeline with the support of over 188 Tribal Nations and individuals from across the country and world. I have met people from all over the U.S. and I hope the article may prompt many of our North Dakota neighbors to come to the Oceti Sakowin Camp including yourself Mr. Jenkinson.
The camp is founded on prayer but when the need arises action is non-violent direct action is taken. Yesterday, with construction still continuing along the pipeline route, it came within a mile of the camp, upon hearing about it many of the people responded by overrunning the site and forcing construction to halt. In that action, Dakota Access Security maced and allowed their attack dogs to bite at least six individuals, including a child.
At the risk of being being trolled, I would ask several things – and before anyone goes nuclear, remember that people are allowed to ask questions without fear of being brutalized for doing so – discourse begins with openness so please try and respect that. Here goes: 1) Have things changed since the numerous acts listed above? 2) What else could have been done during those events – mainly was a series of negotiations performed so as to reach better conclusions and sets of events? 3) Was what occurred the “best” set of answers to a very complicated problem? It’s clear that all of the acts occurred as means by which to provide white settlers more resources with the least amount of hardship & without regard to any Native American – but you must ask, what was the alternative? All out and continued war and slaughter? 5) Are the Europeans the only ones at fault – surely all sides have done wrong. And before anyone says the Native Americans were there first – really? The Native Americans claimed all of North America – does that seem remotely reasonable? 6) When do the debates about the past cease? Of course we must never forget about the past but mostly so that we strive to not repeat – which then leads into 7) What do we do now if anything? What is the right set of answers? People always get whipped up about these issues but in the end, very few people alive right now are truly willing to do anything meaningful or serious re: the issues. For example, I dare say not one American would be willing to give even a small amount of their own land back to the Native Americans. One obvious answer is to find a way to co-exist and integrate but haven’t we tried that? Is anyone willing to admit what seems pretty clear – that many Native Americans simply do not want to integrate with the rest and frankly, the rest do not want to integrate with the Native Americans – so then, how do you crack that impossible nut?
Again, in asking the above, not for one minute do I justify nor agree with the tragedies and I only hope I would have made better decisions and performed different actions. However, I’m also humble and honest enough to state I’m not sure if I would have. We have an increasingly horrible habit of judging past decisions based on information available only in the present as opposed to properly judging them based only on what was actually known at the time the decisions were made. I want to believe there were better ways but the realist in me feels without equivocation that the Europeans of the time simply would not be deterred…
Thank you so much, Mr. Jenkinson.
How come so few people ever talk about the fact that we are well on our way to destroying virtually all life on the planet as a reason to protest/fight against the fossil fuel industry?
Money talk$ and bulls**t walks. Words are only vibrations in the air, soon forgotten and soon revised.
Thank you, Clay. Heartbreaking photo accompanying your thoughtful, timely, important words.
Very nice post, I do agree. I don’t agree that the company has a right to extend this pipeline across the Missouri River – or to continue it in any fashion. There is overriding public interest and eminent domain.
The pipeline is an environmental hazard, poisonous to the drinking water of surrounding communities, and, since it is going through one the world’s largest fresh water aquifers, the drinking water for millions of Americans.
This is not a matter of “if” an accident will happen; it’s a matter of when.
It is a hazardous and terrible way to transport oil. We also need to move swiftly away fossil fuels into green alternatives. For the sake of our climate and planet and survival as a species. Investing in such an ultimately destructive project, is not the way to do it.
If these oil companies cannot cooperate with needed transitions and safety requirements for water supplies and communities, they should be seized and nationalized.
In the meantime, they will have to find another (and less destructive) way to move their product. Or find another way to make money. They do not have an unfettered right to wreck havoc everywhere they go just for the sake of their Almighty Dollar.
Interestingly enough, the billionaire responsible for this project owns a private island with beautiful clean water in the Carribean, and his emergency contact for this company, is never available for comment, though she has plenty to post with regard to her daughter swimming in beautiful and clean rivers.
Well, what about the children of Standing Rock? Sorry, they are far more important than this selfish slob and his overpaid and selfish employees – some of who were mercenaries spraying unsampled chemicals on pregnant women, and sic’ing vicious dogs on the People of Standing Rock – dogs that bit children and elders and horses.
In this incident alone, in which these dogs were illegally on that land – whatever permits they possess with federal and state agencies should be immediately revoked and their contract rights to this project canceled. In addition, all of these dogs should be seized, and, minimally, for up to a month’s observation for rabies, and, both this billionaire executive, along with his unresponsive “emergency” contact should be arrested – along with every single one of those mercenaries and dogs.
There are serious civil rights issues here, as well. The State Department should be involved at this point with the company charged and prosecuted to the full extent of the law. This is not the 19th century anymore where the U.S. government or any private company can go in with dogs and start attacking and chewing apart Native Americans.
To hell with the oil company. Any capitalism must be heavily, heavily regulated – something they understand quite clearly in Europe where you see a much healthier balance of private and public interests. And, this situation shows all the more clearly, in contrast, why.
“Only when the Last Tree Is Cut Down, the Last Fish Eaten, and the Last Stream Poisoned, You Will Realize That You Cannot Eat Money.”
Truthspeaker!
Bravo – thank you for this. It has increased my understanding of this issue and made me much more capable of articulating the issues to those with whom I discuss this issue.
Thank you Clay for sharing your research and talent of writing the historical details. Now we hope and pray that people will listen to each other.
The sounds of sane voices ! I feel so vindicated. To state that we have a different understanding of creation is an understatement. We pray for the water beings, the creatures that live within the earth, some never encountered by human eyes known only from ancient stories told by elders. These water beings, many microscopic all but extinct in most water systems, beings essential to the life of the water. Hearts broken by yet another animal brought to extinction, a creature our grandchildren will only hear stories of. We are one with each other, we need one another for existence. Our failure (refusal) to communicate and respect between native and non-native has brought about the destruction of many tribes, languages and basic human compassion visible today. Hatred for our people ever present, constant threats to our mere existance, our water our lands. No justice in America for the American Indian. The police and justice system so corrupt towards are men and boys. It is painful ever still to be in the land of the free.
Ghost-Dancing 4Ever
A change will come…
The Great Spirit will endure…
The FIRST and TRUE Americans…
Will be untouched and pure…
There will be freedom…
Like before the white-man was…
Stand with the SIOUX now…
The Great Spirit surely does…
I’m glad you provided the “short” list of grievances…for indeed the abominations were endless and most were undocumented. Thank you for this enlightening article…I hope all whitey’s, like me, take the time to read just a “short” list of our government’s transgressions against a noble race of humankind. It’s sickening and sad, that this elitist government has bamboozled everyone…red, white, black, everyone. Perhaps a new day is dawning, where PEACEnotWAR is established among all of The Great Spirit’s people on this heavenly planet…but, that is such a long road and we have not even begun to make that LONG MARCH. I’m praying that for once, we march together as one in peace…and that the peace is eternal.
Thank you, Clay. Thanks to you and David Swenson for airing your views on The Thomas Jefferson Hour. I am so happy that the Lakota Nations have come together to protest, which is their American right. I am so happy that other tribes have come to join with the Lakotan tribes, their brothers and sisters.
Aboriginal and indigenous people have been been abused and persecuted for a long time, in the US, Canada, Mexico and all over this world. It is time for all of us to respect aboriginal and indigenous people.
Solidarity with Standing Rock: YOUR WORDS ARE MY WORDS TOO!!! You would think america as a whole (governnent included) would stand up and rebuke the evil allowed by dogs being used against unarmed protesters….oh, so it is true–history does repeat itself!!! No matter YOUR color, race, creed or preferences–if you require water to live this affects YOU! i am seriously wondering what or who is holding down our “elected” leader’s fist from being raised in protest of this rape!!! That protest has been so evident that the lack of it here speaks volumes!
Thank you so much for your thoughtful and insightful comments. I have been bothered by the sloppiness and disrespect the oil companies and contractors have displayed towards the land, fields, water, human and animal life. I have not been impressed with our State leadership as it had tendency to do whatever the Oil drilling industry wanted them to do. I don’t like what our congressional delegation is doing either about Indian lands, treaty and water rights. However I think that this crisis provides opportunities us to get it right–start listening, reading, and holding our political leaders accountable to be part of a problem solving process. Hang in there.