Distinguished

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Distinguished Lecture Series
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Filmed at Rountree Hall, the University of
ArizonaFebruary 3, 2005
Prepared especially for the Northwest Indian
Fisheries Treaty Conference, Olympia, Washington
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Vine Deloria, Jr.Professor EmeritusIndigenous
Peoples Law Policy ProgramUniversity of
ArizonaJames E. Rogers College of Law2001-2005

• Northwest Indian Fisheries
• Treaties
• 2005

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STEVENS TREATIES
The right of taking fish, at all usual and
accustomed grounds and stations, if further
secured to said Indians, in common with all
citizens of the Territory. 1854 Treaty with
Puyallup (emphasis added).
Isaac Stevens
http//washingtonhistory.org/wshm/education/protot
ype/three-faces.htmportraits
Click picture for video

• STEVENS TREATIES
• Treaty of Medicine Creek, 1854 Full Text
• Treaty of Point Elliott, 1855 Full Text
• Treaty of Point No Point, 1855 Full Text
• Treaty of Neah Bay, 1855 Full Text
• Treaty with the Yakama, 1855 Full Text
• Walla Wall Treaty of Camp Stevens, 1855
  Full Text
• Quinault Treaty, 1856 Full Text

• CASES ASSOCIATED WITH THE STEVENS TREATIES
• Puyallup Tribe v. Department of Game of
  Washington, 391 U.S. 392 (1968) Full Text
• Department of Game of Washington v. Puyallup
  Tribe, 414 U.S. 44 (1973) Full Text
• Puyallup Tribe v. Department of Game of
  Washington, 433 U.S. 165 (1977) Full Text
• Antoine v. Washington, 420 U.S. 194, (1975)
  Full Text

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U.S. v. WINANS, 198 U.S. 371 (1905)
This suit was brought to enjoin the respondents
from obstructing certain Indians of the Yakima
Nation, in the state of Washington, from
exercising fishing rights and privileges on the
Columbia river, in that state, claimed under the
provisions of the treaty between the United
States and the Indians, made in 1859.
Click picture for video
Doctrine of Reserved Rights The treaty was not
a grant of rights to the Indians, but a grant of
rights from them, - a reservation of those not
granted. - Justice McKenna (198 U.S. at 377.)
Full Text
Justice McKenna
http//www.historycentral.com/bio/rec/JosephMcKenn
a.jpg
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Deloria, Vine, Jr. Clifford M. Lytle,  
American Indians, American Justice, 1983.
FEDERAL INDIAN POLICY

• Six Policy Periods
• Discovery, Conquest, Treaty making (1532-1828)
• Removal Relocation (1828-1887)
• Allotment Assimilation (1887-1928)
• Reorganization Self-government (1928-1945)
• Termination (1945-1961)
• Self-determination (1961-present)

Click picture for video
Fort Berthold Case Fort Berthold Reservation v.
United States, 390 F.2d 686 (1968) Full Text
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NORTHWEST ORDINANCE (1787)
PROCLAMATION OF 1763
In the Proclamation of 1763, King George III of
England declared a British system of governing in
the areas that had been surrendered by France,
and pronounced that the Indians and their lands
would be treated with respect.
(http//www.historicaldocuments.com/Proclamationof
1763.htm)
Click picture for video
Full Text

• Article the Third. 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, unless in just and lawful wars
  authorized by Congress but laws founded in
  justice and humanity, shall from time to time be
  made for preventing wrongs being done to them,
  and for preserving peace and friendship with
  them.

(http//www.earlyamerica.com/earlyamerica/maps/nor
thwest/)
Full Text
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ALLOTMENT
Indian Land Cessions
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• Indian General Allotment Act (1887) (aka Dawes
  Act)
• Standard Formula
• 160 acres to head of household
• 80 acres to adults over 18
• 80 acres to spouse
• 40 acres to minors under 18
• Amended 1891 (25 U.S.C.A. 331)
• 160 acres grazing land or 80 acres farming land,
  to each Indian

http//www.archives.gov/education/lessons/fed-indi
an-policy/
Allotment Act Full Text

Graphic by Bittle Productions, in OBrien, S.,
American Indian Tribal Governments, 1989.
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http//historicaldocuments.com/IndianRemovalActMap
lg.htm
REMOVAL
On December 6, 1830, in a message to Congress,
President Andrew Jackson called for the
relocation of eastern Native American tribes to
lands west of the Mississippi River in order to
open new land for settlement by citizens of the
United States. (httpwww.ourdocuments.gov/doc.php
?flashtruedoc25)
Full Text
President Andrew Jackson
Trail of Tears
http//www.historicaldocuments.com/indianremovalac
t.htm
http//www.historicaldocuments.com/indianremovalac
t.htm
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1868 SIOUX TREATY
Click picture for video
(National Archoves, Still Picture Branch,
111-SC-82538)
"This war was brought upon us by the children of
the Great Father who came to take our land from
us without price." --Spotted Tail (http//www.arc
hives.gov/exhibits/american_originals/sioux.html)
(http//www.canku-luta.org/PineRidge/laramie_treat
y.html)
Lakota Nation Reserved by the 1868 Treaty for
the undisturbed use of the Lakota people 1876
Lakota reservation after the US stole the Black
Hills Lakota reservations after 100 years of
court actions
(http//www.canku-luta.org/PineRidge/laramie_treat
y.html)
Treaty signing by William T. Sherman and the
Sioux at Fort Laramie, Wyoming.
1868 Sioux Treaty Full Text
(www.archives.gov/research/native-americans/pictur
es/select-list-030.html)
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IRA The Indian Reorganization Act,
(Wheeler-Howard Act) June 18, 1934

• An Act to conserve and develop Indian lands
  and resources to extend to Indians the right to
  form business and other organizations to
  establish a credit system for Indians to grant
  certain rights of home rule to Indians to
  provide for vocational education for Indians and
  for other purposes.

IRA Full Text
Click picture for video
Indian Reorganization Act Era Constitutions and
(Samples) Full Text
The Indian sovereignty doctrine is
relevantbecause it provides a backdrop against
which the applicable treaties and federal
statutes must be read. Justice Marshall
(McClanahan v. Arizona State Tax Commission)
Indian Reorganization Act Era Charters (Samples)
Full
Text
Indian Claims Commission Decisions Full Text
Solicitors Opinion Full Text
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MODERN INDIAN LAW TAXATION CASES
Click picture for video

• Squire v. Capoeman, 351 U.S. 1 (1956).
• Full Text

McClanahan v. Arizona Tax Commn, 411 U.S. 164
(1973). Full Text
Merrion v. Jicarilla Apache Tribe, 455 U.S. 130
(1982). Full Text
Washington v. Confederated Tribes of Colville
Indian Reservation U.S. 134 (1980).
Full Text
White Mountain Apache Tribe v. Bracker, 448 U.S.
136 (1980). Full Text
http//content.lib.washington.edu/aipnw/rs3.html
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In Memory of Vine Deloria, Jr. 1933-2005