Dancing the Way to Peace 1493—1872

Tribal code

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Text

Umonhon Tribal Government: Then and Now

M’kaçi: Coyote and Te: Buffaloes

Proposed Constitution for the

Umonhon Nation: Nebraska - Iowa

Omaha Tribal Historical Research Project, Inc.

501(c)(3) non-profit since 1992

PO BOX 279 ROSALIE, NE 68055

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jacklopearts.org OTHRP on Pay-Pal OTHRP on Go Fund Me

Umonhon Tribe traveling along the ridge next to Nishu'de Ke: Missouri River

Smithsonian

Front Cover photograph: Nishu’de Ke: Missouri River Jeff Mohr, OTHRP Archives

OTHRP NOTE: The treaties, background information and discussion about them, were taken from

the work of both Dr. Hastings and Dr. Coffey including their research and writing for their joint

PhD dissertation: “Completely Illustrated: Grandfather Remembers — Broken Treaties/

Stolen Land: The Umonhon Land Theft,” unpublished, 2009. Other material has been taken

from the following Hastings and Coffey’s manuscripts: “Umonhon Cultural Anthology,” 2017

”Dancing the way to Peace Umonhon Government: Then and Now,” 2017, ”Mi’kaçi: Coyote

No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the authors.

Omaha Tribal Historical Research Project, Inc., PO BOX 279, Rosalie, NE 68055

402–846-5454, OTHRP.com,

jackalopearts.org,

OTHRP on Facebook

The

Umo ho Nation

(above) Bouquet, Dover, Cottonwood leaves, Coffey, OTHRP Archives,

(below) Umonhon Woman Cooking Smithsonian

Acknowledgements:

Umonhon Nation: on and off the reservation

The legacy of the Umonhon Nation that managed to survive

through centuries of cultural genocide.

Susette La Flesche Tibbles

Dr. Francis La Flesche, Esq.

Stephen E. Ambrose

Louise Barry

Brian Bull

James O. Dorsey

Clyde A. Milner, II

Tamie Sawaged

Ernest Widtsoe Shumway

Thomas H. Tibbles

Robert A. Trennert, Jr.

Dr. John Bilorusky, President

Western Institute for Social Research

WISR’s Staff, Faculty, and Students

Jeff Mohr, MSW

Nebraska Wesleyan University

Joseph Wetmore, MA, Autumn Leaves Used Books, Ithaca, NY

Contributors on the Proposed Constitution:

Charles Baxter

Joe Harlan

Community Environmental Legal Defense Fund

Ecuadorian Constitution

United Nations Declaration on the Rights of Indigenous Peoples

Dover Publications

The many people who reached out to help OTHRP along this cultural journey.

We couldn't have done it without you: family, friends, and complete strangers.

Wi'bthahan Ewithe Wongithe

Thank you all my relatives

Umonhon travois

I shta-theamba: Bright Eyes: Susette La Flesche Tibbles

Fannie Reed Giffen and Susette La Flesche Tibbles, with illustrations by Susette

Oo-Mah-Ha Ta-Wa-Tha (Omaha City), published by authors, Lincoln NE, 1908, p. 23

Table of Contents

Dedication

Acknowledgements

Table of Contents

Illustrations

Section 1: Dancing the Way to Peace 1493-1872

Dancing the Way to Peace 1492-1872

Country Known to the Umo ho

Dancing the Way to Peace 1492-1872: Introduction

Umo ho Government Then: Development of Political Unity

Leader]ship

Orders of [Leaders]

Wathi ’ethe: Performance of Certain Acts

[The Council of Seven [Leaders]

The Ceremonial Manner of Smoking the Sacred Pipes was as follows:

[Compensation] of [Leaders] and Keepers

Offenses and Punishments

Establishment of "The Council"

Robert Furnas

Joseph La Flesche

Umo ho Government Now: A Possible Model for the Future

Consensus

Alternative to Common Decision-making Practices

Agreement Vs. Consent

Blocking and Other Forms of Dissent

Dissent Options

Process Models

Blocking

Religious Society of Friends (Quaker) based model

Elements of [Umo ho ] Progressive Peace

Formatting the Traditional [Umo ho ] Progressive Peace

It is Time to Heal

Papal Bull Inter Caetera May 4, 1493, What are the "PAPAL BULLS"? 53

Historical Introduction

The Papal Bull "Inter Caetera," issued by Pope Alexander VI, 1493

Declaration of Vision

Pope Francis Takes a First Step Toward Revoking the Papal Bulls

Preliminary convention between the Kings of France and Spain

for the cession of Louisiana to the latter, 1762

Definitive act of cession of Louisiana by the King of France

to the King of Spain

Treaty of San Ildefonso: October 1, 1800

Louisiana Purchase History

The Louisiana Purchase, 1803 Treaty Between the U. S. A.

and the French Republic

Lewis & Clark

Taking a close look at Lewis and Clark History

Lewis and Clark: a Native American Point of View, 1804

Background

The Leaders

John Evans' Map of the Upper Missouri River Area (1795)

Detail from Clark's Map, 1814

Official Greetings to Native American Governments

Sacajawea

York

Seaman

Cruzatte and La Biche

Cruzatte and La Biche: Multiple Languages

Cruzatte and La Biche: Umonhon Background

The Journey: The River

The Journey: Umonhon Camp

The Journey: Gifts of Alcohol

The Journey: Teton Sioux

Cloud-Shield's Winter Count, 1804-1805

The Journey: Cruzatte shoots Lewis

Sex Lives of the Corps of Discovery

Prairie Dogs

Aftermath

Summary

Lewis and Clark Endnotes

Umonhon Life

Duties Assumed by Men and Women of all Ages

Marriage, Reproduction, and Child-Rearing

Social Status and Personal Property

Material Culture

Umonhon Treaties, 1815 — 1872

Umonhon Treaties, 1815 — 1872 Introduction

Presidents of the Treaty Period

Portage des Sioux Treaty History 1815

Portage des Sioux Treaty with the Omaha, 1815

Portage des Sioux Treaty Discussion, 1815

Treaty with the Mahas History, 1820

Treaty with the Mahas, 1820

Treaty with the Mahas, Discussion, 1820

Indian Commodities

Fort Atkinson Treaty History, 1825

Fort Atkinson Treaty with the Omaha, 1825

Fort Atkinson Treaty Discussion 1825

Prairie Du Chien Treaty with the Sauk and Foxes, etc., History, 1830

Prairie Du Chien Treaty with the Sauk and Foxes, etc., 1830

Prairie Du Chien Treaty with the Sauk and Foxes, etc., Discussion, 1830

Half-Breed Tract Treaty with the Oto and Missouria, History, 1833

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Half-Breed Tract Treaty with the Oto and Missouria, 1833

Half-Breed Tract Treaty with the Oto and Missouria, Discussion, 1833

Platte Purchase Treaty with the Oto, etc., History, 1836

Platte Purchase Treaty with the Oto, etc., 1836

Platte Purchase Treaty with the Oto, etc., Discussion, 1836

The Illegal Mormon Treaty 1846

The actual text of the Mormon treaty

Brigham Young

Illegal Mormon Treaty, 1846

The Mormon Situation

Go West to the Indians

Culture Clash

Mormons face the Western Frontier

St. Louis' Indian Affairs Jurisdiction

Nauvoo arrives in Nebraska

Illegal Mormon Treaty

40,000 Impact Prairie Ecosystem

Umonhon dine on Mormon Cattle

Young moves in and then asks the Government

Harvey visits the Mormon Camp

Harvey says, "NO."

Mormons send Kane to Washington D. C.

Hoses Stout describes a Sioux raid

Trouble in Indian Country

Mormons dig in for duration

Mormons Hustle for Survival

Young returns from success in Utah

Mormons agree to move out of Umonhon lands

Mountain Meadows Massacre

Gatewood Treaty History, 1854

Preamble and Articles of the Gatewood Treaty

Gatewood Treaty Discussion 1854

Treaty with the Omaha History1854

Treaty with the Omaha 1854

Treaty with the Omaha, Discussion 1854

Treaty with the Omaha, History 1865

Treaty with the Omaha, 1865

Treaty with the Omaha, 1865 Discussion

Treaty with the Winnebago History, 1865

Treaty with the Winnebago, 1865

Treaty with the Winnebago Discussion, 1865

An Act to Confirm Agreements History, 1872

An Act to Confirm Agreements 1872

An Act to Confirm Agreements Discussion, 1872

Summary

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Section Two: Mi’kaçi: Coyote & the Te: Buffaloes

Mi’kaçi: Coyote and the Te: Buffaloes Section Two

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Mi’kaçi: Coyote and the Te: Buffaloes Part One

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Reservation Maze

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Dr. Francis La Flesche, Esq.'s Pronunciation Guide

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Help Mi’kaçi: [Coyote] find the Te: [Buffalo]!

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Mi’kaçi: Coyote and the Te: Buffaloes Part Two

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Umo ho : Omaha Vocabulary

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Section 3: Constitution for the Umonhon Nation: Nebraska — Iowa

Traditional Umonhon Hu'thuga

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History of this Constitution

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Introduction

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Proposed Constitution for the Umo ho Nation: Nebraska — Iowa PREAMBLE 259

LAND

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DIVISION 1: LAND

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SECTION 1: Umo ho Territory

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SECTION 2: Allotted and Heirship Lands

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SECTION 3: Ancestral Tribal lands of the Umo ho Nation

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SECTION 4: Exchange Assignment

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SECTION 5: Occupancy

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SECTION 6: Unassigned Land

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SECTION 7: Acquiring Land for Tribe

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SECTION 8: Final Decision

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DIVISION 2: BIODIVERSITY AND NATURAL RESOURCES

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SECTION 1: Nature and the Environment

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SECTION 2: Biodiversity

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SECTION 3: Natural Assets and Ecosystems

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SECTION 4: Natural Resources

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SECTION 5: Soil

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SECTION 6: Water

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SECTION 7: Biosphere, Urban Ecology, and Alternative Sources of Energy

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THE PEOPLE

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UMO HO PEOPLE

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DIVISION 3: UMO HO BILL OF RIGHTS

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OTHRP Note: Neuralink

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DIVISION 4: UMO HO CITIZENSHIP RIGHTS

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SECTION 1: Citizenship

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SECTION 2: Water and Food

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SECTION 3: Healthy Environment

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SECTION 4: Information and Communication

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SECTION 5: Culture and Science

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SECTION 6: Education

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SECTION 7: Habitat and housing

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SECTION 8: Health

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SECTOPM 9: Labor

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SECTION 10: Rights of Priority Persons and Groups

SECTION 11: Elderly Women and Men

SECTION 12: Young People

SECTION 13: Freedom of Movement

SECTION 14: Pregnant Women

SECTION 15: Children and Adolescents

SECTION 16: Adoptions

SECTION 17: Persons with disabilities

SECTION 18 Persons with Disastrous Diseases

DIVISION 5: THE GOOD WAY OF LIVING SYSTEM

SECTION 1: Inclusion and Equity

SECTION 2: Education

SECTION 3: Health

SECTION 4: Social Security

SECTION 5: Habitat and Housing

SECTION 6: Culture

SECTION 7: Physical Education and Leisure

SECTION 8: Media

SECTION 9: Science, Technology, Innovation and Ancestral Wisdom

SECTION 10: Risk Management

SECTION 11: Population and Human Mobility

SECTION 12: Human Safety

SECTION 13: Transportation

UMOnHOn GOVERNMENT, Proposed New HU’THUGA

Traditional Umonhon Family Clan Names

Proposed Umonhon Government Structure

Proposed Transition Period

DIVISION 6: FOUR BRANCHES OF GOVERNMENT

SECTION 1: Hu’thuga: Tribal Circle

SECTION 2: Four Government Bodies

SECTION 3. Ni'kagahi xu'de: Earth Leaders: Council

SECTION 4: Keepers or Advisors of the Sacred

SECTION 5: Governing Body

SECTION 6 Ni'kagahi sha'be: Dark Leaders: Ombudsman

SECTION 7 Enumerated powers

SECTION 8: Ni’kagahi xu’de: Council Procedures

SECTION 9. Duties of Umonhon Officers

SECTION 10: Oath

SECTION 11: Salaries and Expenditures of Umonhon Nation’s Funds

SECTION 12: Umonhon National Assembly Meetings

SECTION 13: Cooperation

SECTION 14: Elections

SECTION 15: Electoral Council

SECTION 16: Referendum

SECTION 17: Suspension, Removal and Vacancies

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SECTION 18: Referendum

SECTION 19: Common Standards for Political and Social Monitoring

SECTION 20: Monitoring Government Action

DIVISION 7: PARTICIPATION AND ORGANIZATION OF POWER

SECTION 1: Habeas Data Proceedings

SECTION 2: Proceedings for Failure to Comply

SECTION 3: Special Proceedings for Protection

SECTION 4: Principles of Participation

SECTION 5: Community Organization

SECTION 6: Participation in the Different Levels of Government

SECTION 7: Umonhon Warrior: Police Force

Progressive Peace

DIVISION 8: Judicial Branch of Government

SECTION 1: Principles of the Judicial Branch

SECTION 2: Organization and Functioning

SECTION 3: Alternative Means of Dispute Settlement

SECTION 4. Office of the Prosecutor and Defense Lawyer

SECTION 5: Tribal Lawyer’s Office

SECTION 6: Notary Services

SECTION 7: Social Rehabilitation

SECTION 8: Office of the Comptroller

DIVISION 9: Transparency and Social Reach of Government

SECTION 1: Nature and Duties

SECTION 2 Office of the Ni'kagahi sha'be: Ombudsman

DIVISON 10: Public Administration

SECTION 1: Public Sector

SECTION 2: Public Administration

SECTION 3 Public servants

DIVISION 11: LABOR AND PRODUCTION

SECTION 1: Forms of Organizing Production and Their Management

SECTION 2: Types of Property

SECTION 3: Forms of Work and Pay

DIVISION 12: Umonhon DEVELOPMENT STRUCTURE

SECTION 1: General Principles

SECTION 2: Participatory Planning for Development

DIVISION 13: ECONOMIC SOVEREIGNTY

SECTION 1: Umonhon Economic System and Economic Policy

SECTION 2: Umonhon Fiscal Policy

SECTION 3: Public Borrowing

SECTION 4: Umonhon General Budget

SECTION 5: Umonhon Tax System

SECTION 6: Umonhon Monetary, Foreign Exchange, Credit & Financial Policy

SECTION 7: Umonhon Trade Policy

SECTION 8: Umonhon Financial System

SECTION 9: Strategic Sectors, Services and Enterprises

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SECTION 10: Democratization of Inputs

SECTION 11: Commerce and Fair Trade

SECTION 12: Savings and Investment

DIVISION 14: INTERNATIONAL RELATIONS

SECTION 1: Principles Governing International Relations

DIVISION 15: SUPREMACY OF THE CONSTITUTION

SECTION 1: Principles

SECTION 2: Umonhon Constitutional Court

SECTION 3: Amending the Umonhon Constitution

SECTION 4:Transitory Provisions

SECTION 5: Repeal Provision

SECTION 6: Transition System

SECTION 7: Adoption of Constitution and Bylaws

CERTIFICATION

Indian Police Force Umonhon and Winnebago Agency 1892-1902

Bibliography

APPENDIX

United Nations' Declaration on the Rights of Indigenous Peoples

United States Endorses International Declaration On Indigenous Rights

Dennis Hastings, BA, MA, Ph.D.

Margery Coffey, BFA, MA, Ph.D.

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“Eyonia,” Ilka Hartman, OTHRP Archives

Illustrations

Nishu’de Ke: Missouri River

Umonhon Tribe traveling along the ridge next to Nishu'de Ke

Dedication Bouquet, Cottonwood leaves, Umonhon Woman Cooking

Umonhon travois

Eyonia

Unknown Umonhon boy and girl

Front Cover

Section One: Dancing the Way to Peace 1493-1872

Dancing the Way to Peace 1493—1872

Country Known to the Umonhon [MAP]

Legal Signature, Waiting for Rent Money

Gahi'ge, an Old Umonhon [Leader]

Kaxe'nonba, Who frequently served as a "soldier"

Rattlesnake heads and fangs

Ni Shu’de Ke: Missouri River

Robert Furnas

Frank La Flesche, Henry Fontenelle, I'-ba'han-bi Ka'xe' thon-be, Inshta

monze: Iron Eyes: Joseph La Flesche and La Flesche Trading Post

Joseph La Flesche, 1854

Plowing on the reservation

Consensus Flow Chart [CHART]

Meadowlark

Perch

Original Umonhon Government in diagram form [DIAGRAM]

Maize

Unknown Umonhon baby, Home

Starting at the beginning . . . ., Mu’xanonzhin

Pope Alexander VI and Christopher Columbus

Umonhon Earthen Lodge

"Mission at Bellevue"

Bison in the Snow

Carlos IV, King of Spain and the Indies

Thomas Jefferson, 1810, Map of the Louisiana Purchase [MAP]

Thomas Jefferson

1803 United State’s Silver Dollar: Liberty

Lewis & Clark, Missouri River Pilings

Keelboat reproduction of those used by Lewis and Clark

Pirogue boats reproductions of those used by Lewis and Clark

Meriwether Lewis

John Evans' Map of the Upper Missouri River Area (1795) [MAP]

Detail from Clark's Map, 1814 [MAP]

William Clark

Sacajawea

Bust of York, Clark’s Manservant

York, Clark's Manservant

Adult Newfoundland dog

Bellevue

Interior of the trading post at Bellevue, 1852

Snags on the Missouri River

Umonhon Bull boat

Bald Eagle

Frontier alcohol as it was served in the 19th century

Cloud Shield’s Winter Count Pictograph

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Elk

Daytime Smoker

Sketch of Prairie dogs in traditional greeting

Sketch of Bison with Prairie Dog on the Great Plains

Crow

Typical Prairie Dog eradication kill

White Buffalo

Four Leaders

Home

[A]Wehe: Pestle, [B] Uhe: mortar; Maize

Umonhon tipi

Umonhon home life around a tipi

Umonhon Coming Home

Umonhon Council, Umonhon Couple, Umonhon Children

Portraits from the Res

General William Clark

Presidents of the Treaty Period [CHART]

James Madison

Spear and Shield

James Monroe

Fort Atkinson

John Quincey Adams

Language of the Robe: Watching for a Sweetheart

View of the Great Treaty Held at Prairie du Chien, September, 1825

Andrew Jackson

Language of the Robe: Old Man Walking

Old House, Hastings place

Language of the Robe: Hesitation

Leaf Motif

Andrew Jackson

Umonhon beading on panel, Nishu'da Ke: Missouri River bluffs

Home at a tipi

American Flag

Andrew Jackson

Illegal Mormon Treaty 1846

James Knox Polk, Damage from the Mormon Trail — Iowa and Nebraska

Brigham Young, Brigham Young when he was in Nebraska

21 of Brigham Young’s 55 wives [picture]

James Knox Polk

Joseph Smith, Jr.

Mormon wagon train fording the South Platte River near Fremont’s Spring

Mormons crossing the plains with Hand carts from Florence, Neb.

Trail ruts in Nebraska’s Sandhills from the Mormon Trail

Trail ruts from the Mormon Trail in Iowa

Mormon camp, Wyoming, Nebraska

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Gadsden Purchase of 1854 [MAP]

Umonhon Gloves

Franklin Pierce

Umonhon moccasins

Language of the Robe: Admonition — Change of Mind

Language of the Robe: Addressing Tribe or Council

Franklin Pierce

Axe and hand ball catcher

Language of the Robe: Walking

Andrew Johnson,

Yellowstone Steamboat

Hin-na-gi” and “Mud Lodge

Andrew Johnson,

Language of the Robe: Anger

Language of the Robe: Public Watching

Ulysses S. Grant

Language of the Robe: About to Run

Sacred Medicine, Skunk Hollow [Old Macy]

The era was ending

Umonhon: Omaha

Ewithe Wongithe

Changing Times

Canoe, Two Umonhon Women and baby

Section 2: Mi’kaçi: Coyote and the Te: Buffaloes

Mi’kaçi: Coyote and the Te: Buffaloes Part One

Reservation Maze

Dr. Francis La Flesche, Esq.'s Pronunciation Guide

Help Mi’kaçi: [Coyote] find the Te: [Buffalo]!

Mi’kaçi: Coyote and the Te: Buffaloes Part Two

Missouri River Ferry, Missouri River

Section 3: Constitution for the

Umonhon Nation: Nebraska — Iowa

Traditional Umonhon Hu’thuga

OTHRP Logo, Canoe and Sun

Peyote Prayer

Going Home, Snow Trillium

Feathering the Four Hills

Umonhon

LAND, Reservation Hills

Sacred Road

Sacred Objects from the Peabody Museum

Mrs. George Miller and baby in cradleboard, 1935 He’dewachi, Umonhon

Moccasins, 1938 He’dewachi

Crossing Culture

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The People, He’dewachi, Umonhon family at He’dewachi ca. 1918

The People

Tribal Council 1910

Umonhon Pipe

Proposed New Hu’thuga

James Blackbird

Scraping a skin, Dressing Skins Tools A. We'bazhabe, B. We'uhi

The Government

Tribal Council with Thomas Sloan

Bison

The Weawan or Calumet pipe

Oliver Turner, Howard Frost, Calvin Tyndall, Jr., Umonhon Tribal

Council 1936

Migration of the Five Cognate Tribes

Omaha: Umonhon

Lieutenant Colonel Caryl L. Picotte, Sr. on his horse "Radar

Umonhon voters, 1883-84, 1800 desk set

Mrs. Harry Lyons with horse travois in front of the Old Macy

school building, Presbyterian Mission School

Louis Saunsoci, Ma-ha-nini-ga: No Knife, Joseph La Flesche,

Inshta-monçe Reservation hills

Arrow Release

Umonhon Carpenters 1868, Umonhon Moccasins

Umonhon Moccasins

He’dewachi 1918, Anna Sloan

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He’dewachi 1971 Ilka Hartman

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Old Pier Pilings on the Missouri River 1

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Old Pier Pilings on the Missouri River 2

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Dennis Hastings

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Margery Coffey

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The Feeding, Umonhon Wau, Baby Mama 396

Jingle Dancer on the ridge

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Umo ho Prayer

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Ewithe Wo githe

Back Cover

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Unknown Umonhon boy and girl,

OTHRP Archives

1493 — 1872

“The Umonhon and Oglala made peace.”

Cloud-Shield's winter count 1791-1792

The Umonhon and the Oglala danced their way into a peace

treaty in 1791-1792 as depicted in this pictograph.

The Umonhon is on the left and the Oglala on the right.

OTHRP Archives

Missouri River on the Reservation, Jeff Mohr, OTHRP Archives

"Explanation: The extensive shaded area represents the country known to the

[Umonhon]; the included area of darker shading (cross hatched), the country occupied by

the [Umonhon]; and the small rectangle bounded on the east by the Missouri River, the

[Umonhon] reservation." Dr. Francis La Flesche, Esq. and Alice Cunningham Fletcher.

“Omaha Tribe” 27, Annual Report of the Bureau of American Ethnology to the Secretary of the Smithsonian Institution, 1905-1906, Washington DC. 1911, Insert

Country Known to the Umonhon

TRP has superimposed the outline of the states on this map, shading Nebraska (1), to place the lands in perspective; (2) corresponds to the country

known by the Umonhon after they left the Ohio River valley. It was shared hunting territory with related nations and nations who were friends. It includes almost all of Nebraska; the "area of darker shading." The country exclusively used

by the Umonhon is (3) and (4) is the Umonhon reservation. The date of the map

is ca. 1906.

The area known to the Umonhon was not recognized by the United States; arbitrary boundaries were drawn. The Umonhon claims of the lands in Iowa and Missouri were conceded in 1830 and 1836 treaties. The Umonhon rightful claim to a

portion of South Dakota was totally ignored. Section (3) should cross the Missouri and include large portions of northern Iowa and parts of Kansas and Missouri as well. The Iowa portion was recognized in the 1830 treaty, Missouri 1836

treaty. Colorado, Wyoming, Kansas and South Dakota portions are still not recognized. Umonhon got their pipestone from Minnesota so there is a claim, too.

Dancing The Way To Peace

1493 — 1872

Introduction

he Umo ho , a sovereign Indigenous People of the Americas, are one of the

most documented Aboriginal People of the North American Continent. Starting

with French traders in the 17th Century and prominently noted in the 1804-06

Corps of Discovery, military expedition of Lewis and Clark, which documented the

He'dewachi Harvest celebration now known as “Powwow”, the Umonhon have

been consistently spoken of in both Euro-American scholarly and historic literature.

While many rituals and much of the ancestral practice has been lost due to diseases, wars and cultural genocide, enough has survived to be able to restructure

and rebuild a successful way of life from the past into a new modern, uniquely,

Umonhon Nation of the 21st Century.

The current mode of tribal government does not work for the people. A few tribal

families dominate and the majority's needs are not addressed. Why? An imposed

Federal system based upon and controlled by the United States Government,

which, after a mere 240 years, is collapsing from the same problems that were

built into both the U.S. and the "make-believe" tribal infrastructures.

Flawed from the beginning, this system creates inequality. While both the Continental Congress and later U.S. Constitution itself used as a model the Law of

Great Peace of the Six Nations Confederacy — the U.S. Congress acknowledged

as such in 1988 — the Euro-Americans had left out two vital parts: abolition of

slavery and equality for women. This tipped the balance to the Euro-American

male landowners, who later provided landless Euro-American males parcels

through the Homestead Act to move up the system and the middle class was

born. All others were forced into poverty. In order to have value, there must be

no-value as well.

The U.S. Constitution also took much of its content from earlier European governmental and legal systems which date back to antiquity, dealing primarily with economic issues. This is how Capitalism originated upon the American continent, and

the resultant practice and the inequitable policies it follows kept much of the

failed concepts with it. Ultimately capitalism created class systems where a few

become fabulously wealthy while the vast majority is forced into a peasant or poverty class.

A system based upon creating "Value" automatically creates No-Value as a byproduct. A system based instead on “Nurture” serves all the people. It is the exact reverse of Capitalism.

The second flaw “in the ways of governance” imposed by Euro-Americans upon

tribal people is a small book called Robert's Rules of Order, which lays out a

voting system presented “as the fairest way to make decisions.” It is not. The

structure is highly corruptible and leaves an unhappy minority who is not heard. A

much older tribal system called Consensus is far more equitable and creates a united people with no disgruntled minority. That is often what ancestral tribal government used to solve problems rather than to make a profit off of creating problems.

A major stumbling block for the Umonhon and several other tribes as well, is the

constitution they were forced to accept in 1934. It is a “cookie cutter” document

that does not reflect Native American wisdom but instead reinforces the corrupt

Indian agent’s schemes of the 19th century by creating a paper chief system that

has absolute power and no method to appeal a decision. This codified the government into looting the monies that came into the poorest Nations with a highway

for officials to loot the treasury for their own personal gain complete with corrupt

lawyers and government agents to assure that the system continues. Many Native Nations have rejected such a sloppy and nonproductive document for locally

created ones. The Umonhon are working towards a similar solution to stop the

massive corruption and to help heal their people.

The first section of this book, Dancing The Way To Peace 1493 — 1872, is based

upon OTHRP's Umonhon studies over its 40 year existence. It shows the possibility

of returning to the original Umonhon government in 21st Century terms.

The first article is drawn from La Flesche and Fletcher in 1911, [27th Annual Report] and has been changed from the original. Old-fashioned words and phrases

have either been removed or modernized, such as "gens" and "gentes" replaced

with "clan". This is because Euro-American scholars emphasize inheritance and distinguish "gens" as patriarchal — "clan entry" determined by the father's gens —

and the term "clan" is then given to the matriarchal tribes who determine "clan

entry" through the mother's clan. Umonhon are considered patriarchal by this

thinking and therefore would be "gens." The Umonhon do not use the word "gens"

at all but instead use "clan,” and their inheritance is not distributed according to

Euro-American beliefs.

The “proper” language used to describe another culture at the turn of the 19th

century is no longer appropriate in the 21st century. Words like “squaw” and

“chief” have become insults, logos and jokes, not respectful terms for either

women or men. The use of “tribe” instead of “Nation” is also a put down. Even

rendering the words of sacred songs are put in the terms “Christians” understand

instead of understanding the real definitions of sacred items for Native Americans. The English language, certainly as Americans define it, is made up of many

languages and most of them negative or overly dramatic terms. OTHRP takes

care in finding alternative terms that will be readily understood that reflect the

spirit of the beauty of simplicity of ancient songs. When we make such changes

we put our choice in [brackets].

After the La Flesche/Fletcher section, there is a brief showcase of a pivotal point

in history where the Indian Agent of record threw an Umonhon leader off his own

reservation. Thus the beginning of agent approved leaders only and the term for

it became “paper chiefs.”

This is followed by a discussion of the Consensus process which is how decisions

were made prior to the Euro-American. There is a brief discussion as to how a

new constitution can change the focus from self to community by using the ancient system as a blueprint.

The first attempt to create a legal definition for stealing land came from Rome.

Pope Alexander VI on May 4, 1493 created a Papal Bull at the urging of Christopher Columbus. This document gave Euro-Americans the “right” to take the lands

of non-Christians for their own. A license to steal was what it became. We show

the history and a copy of the document as well as the rescinding pronouncement

from Pope Francis in 2015.

This book then presents a copy of all the documents that were used to toss the

Louisiana Territory back and forth between France and Spain ending up with the

Louisiana Purchase. This sets up the Lewis and Clark’s famous “Corps of Discovery” which highlights major differences from the “official” point of view.

After Lewis and Clark we have added portions from a Master Thesis by Tamie

Sawaged in 2001 at the University of Nebraska. Sawaged created a nice overview

of 19th century Umonhon life based upon James Owen Dorsey, Dr. Francis La

Flesche, Esq. and Alice Fletcher. It gives a good contrast to the “Corps of Discovery” by understanding that there was an Umonhon Nation that functioned very

well before the Euro-Americans invaded their lands.

There were nine treaties that were signed officially with the Umonhon along with

an illegal treaty created by the Mormons as they passed through Umonhon country. There was also a precursor to the 1854 treaty called the Gatewood Treaty

which was never signed by either side and then finally the first Act, a form that

replaced the treaties in 1872.

The second section is an Umonhon traditional folk tale of Coyote and Buffalo.

Umonhon words and their meaning are used in within the text and a pronunciation

guide by Dr. La Flesche follows. There are games to play.

The third section, Constitution for the Umonhon Nation: Nebraska — Iowa, contains a proposed constitution that OTHRP created at the request of some of the

elders of the tribe. An appendix follows with the Declaration of Indigenous Rights

created by the United Nations and passed September 13, 2007. The U. S. adopted it in December 17, 2010.

The book ends with the listing of Indian Police Force at the Umo nhon and Winnebago Agency from 1892-1902. Many of these men also served in World War I, in

spite of the fact that they were not U. S. citizens.

The Umonhon people’s story lies unfolding across these pages. They are the reasons that Native Americans cannot let go of the genocide experienced at the

hands of the Euro-Americans. It is the example as to why war will never solve

problems, it only makes a bad situation worse. When people are wronged, they

never forget. It is passed on both genetically and generationally.

If the United States is going to survive at all, it must end the current collapse of a

failing capitalism that cannot succeed because its failure is built into the system.

When fabulous wealth is created within a society, devastating poverty is also created. In order to define value, non value must exist. When this is applied to sexual orientation, gender, race, religion or even township, etc. its very destruction is

built into the prosperity of a few.

It has been a privilege to work with the historical record of a Native American Nation. The treatment of the Native Americans is the point where everything went

wrong. It will not return to balance until this is faced and changed. It can never

go back to what it was, but it will be able to at long last begin the ancient healing

practice that will eventually spread throughout the world.

Wi’bthahan

Ine-çka [Dennis Hastings]

Margery Coffey [Mi'onbathin]

richard chilton

His Mark [L. S.]

Her Mark [L. S.]

His Mark (L. S.]

[L. S.] stands for “Legal Signature.

Waiting for Rent Money OTHRP Archives

Umonhon TRIBAL GOVERNMENT: Then

Development of Political Unity

he tribal organization of the [Umonhon] and

[related nations], as it stood in the early

part of the nineteenth century, shows that a

tendency had existed toward disintegration

because of a lack of close political organizations, and that various expedients for holding

the people together had been tried. This weakness seems to have been especially felt when

the people were in the buffalo country; groups

would wander away, following the game, and

become lost. Occasionally they were discovered and would rejoin the main body, as has

been shown in the case of the Hon'ga utanatsi

of the Osage tribe. The environment of the

people did not foster sedentary habits, such as

would have tended toward a close political union; therefore the nature of the country in

which these [related nations] dwelt, added to

rather than lessened the danger of disintegration.

Some form of organization had long existed

among the people, but the frequent separations that took place emphasized the importance of maintaining the unity of the tribe,

and the problem of devising means to secure

this essential result was a matter of serious concern to the thinking and constructive minds

among the people. The Sacred Legend. . .says:

And the people thought,

How can we better ourselves?

Gahi'ge

an Old Umonhon [Leader]

La Flesche/Fletcher, Ibid.

insert between pp. 204-205

The ideas [are] fundamental to the tribal organization of the [Umonhon] and their [related nations connected] to the

creation and perpetuation of living creatures. The expression of these ideas

in the dramatic form of rites seems to have been early achieved and those

which symbolically present the connection of cosmic forces with the birth

and well-being of mankind seem to have persisted in whole or in part

throughout the various experiences of the five cognate tribes, and to have

kept an important place in tribal life. These rites constitute what may be regarded as the lower stratum of religious ceremonies — for example, in the

recognition of the vital relation of the Wind, as shown in the ceremony of

Turning the Child, performed when it entered on its tribal life; in the names

bestowed on females, which generally refer to natural phenomena or objects rather than to religious observances; in the ceremonies connected with

Thunder as the god of war and arbiter of the life and death of man. There

are indications that other rites relating to cosmic forces have been lost in

the passage of years. Among the [Umonhon] certain articles still survive

rites long since disused, as the Cedar Pole and the Sacred Shell, both of

which were preserved until recently in the Sacred Tent of War in charge of

the We'zhinshte [clan]. It is probable that the rites connected with the Sacred Shell were the older and that they once held an important place and

exercised a widespread influence in the tribe, as indicated by the reverence

and fear with which this object was regarded by the people of every

[Umonhon] clan. Other [Umonhon] rites, as has been shown, have ceased to

be observed — those connected with the thunder, the stars, and the winds.

The disappearance of former rites may indicate physiographic changes experienced by the people, which affected their food supply, [job]s, and other

phases of life, thereby causing certain rites to be superseded by others

more in harmony with a changed environment. Thus life in the buffalo country naturally resulted in rites which pertained to hunting the buffalo finally

taking precedence over those which pertained to the cultivation of the

maize.

There are indications that under these and other disturbing and disintegrating influences certain ceremonies were instituted to counteract these

tendencies by fostering tribal consciousness in order to help to bind the people together. The Hede'wachi ceremony is of this character and seems to

date far back in the history of the [Umonhon] tribe. It is impossible to trace

as in a sequence the growth of the idea of the desirability of political unity,

for there were many influences, religious and secular, at work to bring

about modifications of customs and actual changes in government. The efforts to regulate warfare and to place it under greater control and at the

same time to enhance the honor with which the warrior was to be regarded

seem to have been among the first steps taken toward developing a definite

governing power within the tribe. The act of placing the rites pertaining to

war in charge of one clan was probably the result of combined influences.

When this modification of earlier forms was accomplished a new name

seems to have been given to the clan holding this office, and thus the present term We'zhinshte came into use. The former name of this kinship group

is not known, but judging from analogy it probably had reference to one or

the other of the lost ceremonies connected with the sacred articles left in its

care. While the segregation of the war power may have tended to stay some

of the disintegrating tendencies it did not have the positive unifying force

that was desired. If other devices were tried to bring about this result nothing is known of them.

The Sacred Legend and other accounts tell the story of the way in which a

central governing body was finally formed and all agree that it was devised

for the purpose of "holding the people together." One version speaks of seven old men who, while visitors to the tribe, inaugurated the governing council. The Sacred Legend declares that the council was the outcome of

"thought" and "consultation among the wise old men," their purpose taking

form in the plan to establish a Nini'baton* subdivision in some of the clans,

each subdivision to furnish one member to the council, which was to be the

governing authority, exercising control over the people, maintaining peace

in the tribe, but having no relation to offensive warfare. According to the

Legend account of the formation of the Nini'baton, "two old men," one from

the Hon'ga clan and the other from the Inke'çabe clan, were commissioned

to carry out the plan of the "wise old men." The term "old" is one of respect

and indicates that these men had gained wisdom from experience, and that

their plan was the result of knowledge and thought concerning actual conditions in the past and in the present, rather than one based on speculative

notions. The "two old men" were entrusted with the two Sacred Tribal Pipes;

as they passed around the hu'thuga they would stop at a certain [clan],

designating a family which was to become a Nini'baton and making this

choice official by the presentation of a pipe. For some unknown reason in

this circuit of the tribe the "old men" passed by the I ngthe'zhide [clan] and

did not give them a pipe. Nor was a pipe given to the We'zhinshte [clan] or

to the Hon'ga [clan]. It was explained concerning these latter omissions that

the We'zhinshte had already been given the control of the war rites of the

tribe, while the duties of the council formed from the Nini'bato n subdivisions

were to be solely in the interest of peace, and to the Hon'ga [clan] was to

belong the duty of calling together this governing council.

The two Sacred pipes carried by the "two old men" were their credentials.

The authority of these two pipes must have been of long standing and undisputed by the people in order to have made it possible for their bearers to

inaugurate such an innovation as setting apart a certain family within a

[clan] and giving it to a new class of duties — duties that were to be civil

and not connected with the established rights of the [clans]. These new duties did not conflict with any of such rites, nor did they deprive the Nini'baton families from participating in them. A new class of obligations to Wakon'da and to all persons composing the tribe were laid upon the Nini'bato n

and the new council.

*The word nin'baton means "to possess a pipe." The origin of the significant use of the pipe

lies in a remote past. Among the [Umonhon] and [related nations,] the pipe was regarded as

a medium by which the breath of man ascended to Wakon'da through the fragrant smoke

and conveyed the prayer or aspiration of the person smoking; the act also partook of the

nature of an oath, an affirmation to attest sincerity and responsibility. The pipe was a credential known and respected by all.

[Leader]ship

he earliest tradition among the [Umonhon] as to the establishment of

leaders is contained in the story already recounted concerning the formation of the Nini'baton and governing council, which was to be composed of

hereditary leaders. How long the hereditary character was maintained and

what had previously constituted leadership in the tribe are not known, nor is

there any knowledge as to how the change from hereditary to competitive

membership in the council came about. It may be that the change was the

result of increasing recognition of the importance of strengthening the power

of the governing council by making it both the source and the goal of tribal

honors, thus enhancing its authority and at the same time emphasizing the

desirability of tribal unity. All that [La Flesche/Fletcher] have been able to

ascertain concerning the change in the composition of the council from hereditary to competitive membership has been that it took place several generations ago, how many could not be learned.

Orders of [Leaders]

he period of the establishment of these orders is lost in the past, but internal evidence seems to point to their formation after the council with

its Nini'baton membership had been fully established and accepted by the

people.

There were two orders of [leader]s, the Ni'kagahi xu'de and the Ni'kagahi

sha'be. The name of the first (ni'kagahi, "[leader];" xu'de, "brown") has reference to a uniform color, as of the brown earth, where all are practically alike,

of one hue or rank. The Ni'kagahi xu'de order was unlimited as to membership, but admittance into it depended upon the consent of the Ni'kagahi

sha'be (ni'kagahi, "[leader];" sha'be, "dark"). The word sha'be does not refer

to color, but to the appearance of an object raised above the uniform level

and seen against the horizon as a dark object. Men who had risen from the

Ni'kagahi xu'de into the limited order of the Ni'kagahi sha'be were regarded

as elevated before the people.

Wathin'ethe: performance of certain acts

ntrance into the Ni'kagahi sha'be was possible only when a vacancy occurred, and then only to a member of the order of Ni'kagahi xu'de after

the performance of certain acts known as within'ethe (from wa, "thing having power;" thin, from thin'ge, "nothing;" the, "to make" or "to cause," the

word meaning something done or given for which there is no material return

but through which honor is received). Wathin'ethe stands for acts and gifts

which do not directly add to the comfort and wealth of the actor or donor,

but which have relation to the welfare of the tribe by promoting internal order and peace, by providing for the [leaders] and keepers, by assuring

friendly relations with other tribes; they partook therefore of a public rather

than a private character, and while they opened a man's way to tribal honors and position, they did so by serving the welfare of all the people. Entrance into the order of Ni'kagahi xu'de was through the performance of certain wathin'ethe;in this instance the gifts of the aspirant were made solely to

the Seven [Leaders].

The election of members to the order of Ni'kagahi xu'de took place at a

meeting of the Ni'kagahi sha'be called by the leaders of the Hon'ga clan for

this purpose. After the tribal pipes had been smoked the name of a candidate was mentioned, and his record and the number and value of his gifts

were canvassed. The prescribed articles used in making these gifts were eagles, eagle war bonnets, quivers (including bows and arrows), [pipestone]

pipes with ornamented stems, tobacco pouches, otter skins, buffalo robes,

ornamented shirts, and leggings. In olden times, burden-bearing dogs,

tents, and pottery were given; in recent times these have been replaced by

horses, guns, blankets, blue and red cloth, silver medals, and copper kettles.

It is noteworthy that all the raw materials used in construction, as well as

the unmanufactured articles of the early native type, were such as required

of the candidate prowess as a hunter, care in accumulating, and skilled industry. A man often had to travel far to acquire some of these articles, and

be exposed to danger from enemies in securing and bringing them home, so

that they represented, besides industry as a hunter, bravery and skill as a

warrior. Moreover, as upon the men devolved the arduous task of procuring

all the meat for food and the pelts used to make clothing, bedding, and

[tipis], and as there was no common medium of exchange for labor in the

tribe, such as money affords, each household had to provide from the very

foundation, so to speak, every article it used or consumed. It will therefore

be seen that persistent work on the part of a man aspiring to enter the order

of [leader] was necessary, as he must not only provide food and clothing for

the daily use of his family, but accumulate a surplus so as to obtain leisure

for the construction of the articles to be counted as wathin'ethe. The men

made the bows and arrows, the war bonnets, and the pipes; the ornamentation was the woman's task. Her deft fingers prepared the porcupine quills after her husband or brother had caught the wary little animals. For the slow

task of dyeing the quills and embroidering with them she needed a house

well stocked with food and defended from lurking war parties, in order to

have time and security for her work. A lazy fellow or an impulsive, improvident man could not acquire the property represented by these gifts. There

was no prescribed number of gifts demanded for entrance into the Xu'de order but they had to be sufficient to warrant the [leaders] in admitting him,

for the man once in the order could, by persistent industry and care, rise so

as to become a candidate for the order of Sha'be when a vacancy occurred.

When a favorable decision as to the candidate was reached the [leaders]

arose and followed the Sacred Pipes, borne reverently, with the stems elevated, by the two leading [leaders]. Thus led, the company walked slowly

about the camp to the lodge of the man who had been elected a Xu'de and

paused before the door. At this point the man had the option to refuse or to

accept the honor. If he should say" "I do not wish to become a [leader],"

and wave away the tribal pipes offered him to smoke, thus refusing permission to the [leaders] to enter his lodge, they would pass on, leaving him as

though he had not been elected. When the man accepted the position he

smoked the pipes as they were offered, whereupon the [leaders] entered his

lodge, bearing the pipes before them, and slowly passed around his fireplace. This act signified to all the tribe that the man was thenceforth a

[leader], a member of the order of Ni'kagahi xu'de. He was now eligible to other honors — all of which, however, depended upon further efforts on his part.

Eligibility to enter the order of Ni'kagahi sha'be depended upon the performance of certain graded within'ethe. Vacancies occurred only by death or by

resignation of very old men. A vacancy was filled by the one in the Xu'de order who could "count" the most within'ethe given to the [leader]s or who had

performed the graded acts of the within'ethe. The order and value of these

graded acts were not generally known to the people, nor even to all the

[leaders] of the Xu'de. Those who became possessed of this knowledge were

apt to keep it for the benefit of their aspiring kinsmen. The lack of this

knowledge, it is said, occasionally cost a man the loss of an advantage which

he would otherwise have had.

There were seven grades of within'ethe the performance of which made a

man eligible to a place in the order of Ni'kagahi sha'be. They ranked as follows:

First. Washa'be ga'xe (washa'be, "and official staff;" ga'xe, "to make").

This grade consisted in procuring the materials necessary to make the

washa'be, an ornamented staff carried by the leader of the annual buffalo

hunt. These materials were a dressed buffalo skin, a crow, two eagles, a

shell disk, sinew, a pipe with an ornamented stem, and, in olden times, a

cooking vessel of pottery, replaced in modern times by a copper kettle.

The money value of these articles, rated by ordinary trading terms, was

not less than $100 to $130. The performance of the first grade four times

would constitute the highest act possible for a man. No [Umonhon] has ever

accomplished this act so many times.

Second. Bon'wakithe ("I caused the herald to call"). The aspirant requested the tribal herald to summon the Ni'kagahi sha'be together with the

keeper of the ritual used in filling the Sacred Pipes, from the Inshta'çunda

clan, to a feast. Besides providing for the feast, gifts of leggings, robes,

bows and arrows, and tobacco were required as gifts for the guests. If it

chanced that the aspirant for honors was not on friendly terms with the

keeper of the ritual, or if from any other motive the keeper desired to

check the man's ambition, it lay in his power to thwart it by allowing the

pipes to remain unfilled, in which case the gifts and feast went for nothing.

Third. U'gashkegthon ("to tether a horse"). A man would make a feast for

the Ni'kagahi sha'be and tie at the door of his [tipi] a horse with a new

robe thrown over it. The horse and the robe were gifts to his guests. A

man once gained renown by "counting" seven acts of this grade performing four in one day.

Fourth. Gaçi'ge nonshton wakithe (gaçi'ge, "marching abreast;" nonshton,

"to halt;" wakithe, "to make or cause", "causing the people to halt." This

act was possible only during the annual hunt. As the people were moving,

the Sacred Pole and the governing [leaders] in advance, a man would

bring a horse or a new robe and present it to the Pole. The gift was appropriated by the Waxthe'xeton sub[clan] of the Hon'ga, who had charge of

the Pole. During this act the entire tribe halted, while the herald proclaimed the name of the giver. This act should be repeated four times in

one day.

Fifth. Te thishke' wakithe (te, "buffalo;" thishke', "to untie;" wakithe, "to

make or cause"), "causing the Sacred White Buffalo Hide to be opened and

shown." During this ceremony of exhibiting the White Buffalo Hide a shell

disk or some other article of value was presented to the Hide, the gifts becoming the property of the Waxthe'beton sub-[clan] of the Hon'ga, who

had charge of this sacred object. This act had to be repeated four times in

one day.

Sixth. Wa't'edonbe (wa, "things having power and purpose;" t'e, "dead;"

donbe, "to see"). This act consisted in taking gifts to the family of a

[leader] when a death occurred. The costliest donation remembered to

have been made under this class was on the occasion of the death of the

son of old Big Elk, who died of smallpox in the early part of the nineteenth

century, when a fine horse on which was spread a bearskin was offered in

honor of the dead.

Seventh. When a person had been killed accidentally or in anger the

[leaders] took the Sacred Tribal Pipes to the kindred of the man, accompanied by gifts, in order to prevent any revengeful act. All those who contributed toward these gifts could "count" them as belonging to the seventh

grade. If the aggrieved party smoked the pipe and accepted the gifts,

bloodshed was averted and peace maintained in the tribe.

All of the gifts constituting these seven grades were made to the [leaders]

of the governing council in recognition of their authority. They were for a

definite purpose — to enable the giver to secure entrance into the order of

Ni'kagahi sha'be whenever a vacancy should occur in that body.

It will be noticed that the act constituting the first grade differed from the

other six in that it was not a direct gift made to the [leaders], but was connected with the ceremonial staff of the leader of the annual buffalo hunt. It

was, however, a recognition of authority, an authority which held the people

in order and made it possible for each family to secure its supply of food

and clothing. It was therefore, in its intrinsic character, in harmony with the

purpose of the other six graded within'ethe.

Waba'hon, designated an act not belonging to the regular within'ethe, but

esteemed as a generous deed that redounded to the credit of the doer. The

term means "to raise or push up," and refers to placing a deer, buffalo, or

elk on its breast and putting bits of tobacco along its back, all of which signified that the hunter had dedicated the animal as a gift to the [leaders]. A

[leader] could not receive such a gift unless he had performed the act of

waba'hon four times. If he had not performed the acts and desired to receive

the gift he could call on his near of kin to help him to "count." If he was able

to "count" four waba'hon himself, he could then keep the entire animal for

his own use.

In admitting a man to either order of [leaders] his personal character was

always taken in-to consideration. If he was of a disputatious or quarrelsome

nature no amount of gifts would secure his election to the order of Ni'kagahi

xu'de or make possible a place for him in the Ni'kagahi sha'be. The maxim

was: "A [leader] must be a man who can govern himself."

The Council of Seven [Leaders]

he origin of this governing council as given in the Sacred Legend and

elsewhere has been recounted and the change from the early form of hereditary membership mentioned. The institution of a small body representing

the entire tribe, to have full control of the people, to settle all contentions,

and to subordinate all factions to a central authority, was an important governmental movement. The credential of this authority both for the act of its

creation and for the exercise of its functions was the presence and ceremonial use of the two Sacred Tribal Pipes. The two stood for the fundamental

idea in the dual organization of the hu'thuga. This was recognized also in the

ceremonial custody and preparation of the Pipes. The keeping of them belonged to the Inke'çabe [clan] of the southern (earth) side of the hu'thuga;

the office of ceremonially filling the Pipes, making them ready for use, was

vested in the Inshta'çunda [clan] of the northern (upper) realm of the hu'thuga, representative of the abode of the supernatural forces to which man

must appeal for help. Through the ceremonies and use of the two Sacred

pipes the halves of the hu'thuga were welded, as it were, the Pipes thus becoming representative of the tribe as a whole. The prominence given to the

Pipes, as the credential of the "old men," as their authority in the creation of

[leader]s and the governing council, seems to indicate that the institution of

the Nini'baton and the establishment of the Council, although a progressive

movement, was a growth, a development of earlier forms, rather than an

invention of arbitrary arrangement of the "old men." The retaining of the

two Pipes as the supreme or confirmatory authority within the council rather

than giving that power to a head [leader] was consonant with the fundamental idea embodied in the tribal organization! The number of the council

(seven) probably had its origin in the significance of the number which represented the whole of man's environment — the four quarters where were

the four paths down which the Above came to the Below, where stood man.

The ancient ideas and beliefs of the people concerning man's relation to the

cosmos were thus interwoven with their latest social achievement, the establishment of a representative governing body.

Whether the ornamentation of the two Tribal Pipes was authorized at this

time is not known; but it is probable that in this as in every other arrangement there was the adaptation or modification of some old and accepted

form of expression to meet the needs of newer conditions. It is said that the

seven woodpecker heads on one of the Tribal Pipes stood for the seven

[leader]s that composed the governing council, while the use of but one

woodpecker head on the other pipe represented the unity of authority of the

[leaders]. This explanation explains only in part. The reason for the choice of

the woodpecker as a symbol lies far back in the history of the people, and it

may be that it did not originate in this linguistic group. In myths found

throughout a wide region this bird was connected with the sun. It was used

on the calumet pipes, which had a wide range, covering almost the whole of

the Mississippi drainage. It is not improbable that the woodpecker symbol

was accepted at the time the calumet ceremony became known to the

[Umonhon] and adopted as a symbol of peaceful authority, but a definite

statement on the subject [in 1906] is impossible.

The seven members of the council belonged to the order of Ni'kagahi sha'be, in

fact they may be said to have represented that order in which each man held

his place until death or voluntary resignation. Five other persons were entitled to attend the meetings of the council, being of an ex officio class: The

keeper of the Sacred Pole; the keeper of the Sacred Buffalo Hide; the keeper

of the two Sacred Tribal Pipes; the keeper of the ritual used when filling

them; and the keeper of the Sacred Tent of War. None of these five keeper s

had a voice in the decisions of the council, the responsibility of deciding devolving solely on the Seven [Leader]s who composed the council proper.

At council meetings the men sat in a semicircle. The two [leaders] who could

count the greatest number of within'ethe were called Ni'kagahi u'zhu (u'zhu

"principal"); these [leaders] sat side by side back of the fireplace, facing the

east and the entrance of the lodge. They represented the two halves of the

hu'thuga, the one who sat on the right (toward the south) representing the

Hon'gashenu, the one who sat on the left (toward the north), the I nshta'çunda. The other members sat in the order of their "counts" on each side of the

principal [leaders], the highest next to those [leaders] and so on to the end

of the line. The position assigned each member on entrance into the council

remained unchanged until a death or resignation took place. In the case of a

vacancy in the u'zhu, the place was taken by whoever could count the most

within'ethe; he might be an old member of the council or a new man from

the order of Ni'kagahi xu'de. Any vacancy occurring was likely to cause a

change in the places of the members, according to the "count" of the new

member, but the place and position of u'zhu were affected only by death or

resignation. An u'zhu held his rank against all claimants.

The manner of deliberating and coming to a decision in the Council of Seven

is said to have been as follows: A question or plan of operation was presented by a member; it was then referred to the [leader] sitting next, who took

it under consideration and then passed it on to the next person and so on

around the circle until it reached the man who first presented it. The matter

would pass again and again around the circle until all came to agreement. All

day was frequently spent in deliberation. No one person would dare to take

the responsibility of the act. All must accept it and then carry it through as

one man. This unity of decision was regarded as having a supernatural power and authority. Old men explained to the writers that the members of the

council had been made [leaders] by the Sacred Tribal Pipes, which were

from Wakon'da; therefore, "when the [leaders] had deliberated on a matter

and had smoked, the decision was as the word of Wakon'da."

The Ceremonial Manner of Smoking

the Sacred Pipes was as follows:

fter the members of the council were in their places the keeper of the

Sacred Pipes laid them before the two principal [leaders], who called on

the keeper of the ritual to prepare the Pipes for use. As he filled them with

native tobacco he intoned in a low voice the ritual which belonged to that

act. He had to be careful not to let either of the Pipes fall. Should this happen, that meeting of the council would be at an end, and the life of the

keeper would be in danger from the supernatural powers. After the Pipes

were filled they were again laid before the two principal [leaders]. When the

time came to smoke the Pipes in order to give authority to a decision, the

Inke'çabe keeper arose, took up one of the Pipes, and held it for the principal [leader] sitting toward the north, to smoke. The assistant from the Te'pa

sub[clan] of the Tha'tada [clan] followed, taking up the other Pipe and holding it for the principal [leader] sitting toward the south, to smoke. The Pipes

were then passed around the council, the Inke'çabe keeper leading and

carefully holding the Pipe for each member to smoke, the assistant following

and serving the other Pipe in the same manner. The principal [leader] sitting toward the south was the last to smoke from the Pipe borne by the

Inke'çabe keeper, who then laid the Pipe in the place from which he had taken it. When the Te'pa assistant reached the [leader] to whom he had first

offered the Pipe he laid it down beside the other. The keeper of the ritual

from the Inke'çabe clan then arose and cleaned the Pipes, after which he

*All the other sacred articles used in tribal ceremonies have been turned over to [La

Flesche/Fletcher] for safekeeping, but no arguments could induce the leading men to part

with the two Sacred Pipes. The answer was always, "They must remain." And they are still

with the people. La Flesche/Fletcher Ibid., p. 209

laid them back before the two [leaders], who then called the keeper from

the Inke'çabe clan to take them in charge.*

"The seven must have but one heart and speak as with one mouth," said the

old men who explained these things to [La Flesche/Fletcher], adding: "It is

because these decisions come from Wakon'da that a [leader] is slow to

speak. No word can be without meaning and every one must be uttered in

soberness. That is why when a [leader] speaks the others listen, for the

words of a [leader] must be few." When a conclusion was reached by the

council the herald was summoned, and he went about the camp circle and

proclaimed the decision. No one dared to dispute, for it was said; "This is

the voice of the [leaders]."

Among the duties of the Council of Seven besides that of maintaining peace

and order within the tribe were making peace with other tribes, securing allies, determining the time of the annual buffalo hunt, and confirming the

man who was to act as leader, on whom rested the responsibility of that important movement. While on the hunt the Seven [Leaders] were in a sense

subordinate to the leader, their duties being advisory rather than governing

in character; and place the entire tribe under the control of one man,

Wa'baçka, who led the people against the Pawnee. This exception to all tribal rule has been preserved in both story and song. When a man desired to

perform the Wa'wan ceremony and carry the pipes to another tribe or to a

man within the tribe, permission from the [leaders] had first to be obtained.

The consent of the Seven [Leaders] was also necessary to the admission of

a candidate to the Hon'hewachi.

There were no other governing [leaders] in the tribe besides those of the

council. No clan had a [leader] possessing authority over it, nor was there

any council of a [clan], nor could a [clan] act by itself. There was one possible exception; sometimes a [clan] went on a hunt under the leadership of

its [leaders], for there were [leaders] in every [clan], men who belonged to

the order of Ni'kagahi xu'de or who had entered the ranks of the Ni'kagahi

sha'be; but none of these men could individually exercise governing power

within a [clan] or in the tribe. The [clan], as has been shown, was not a political organization, but a group of kindred, united through a common rite.

The leading men of a [clan] were those who had charge of its rites; those

who could count many within'ethe, and those who had been designated to

act as "soldiers." Such men were invited on various occasions to sit with the

Council of Seven, as in the communal tent when the ceremony of anointing

the Sacred Pole took place, There was no tribal assembly or tribal council.

All power for both decision and action was lodged in the Council of Seven.

*All the other sacred articles used in tribal ceremonies have been turned over to [La

Flesche/Fletcher] for safekeeping, but no arguments could induce the leading men to part

with the two Sacred Pipes. The answer was always, "They must remain." And they are still

with the people. La Flesche/Fletcher Ibid., p. 209

The old [Umonhon] men, who are the authority

for the interpretations of tribal rites and customs

contained in this memoir, have earnestly sought

to impress upon [La Flesche/Fletcher] that peace

and order within the tribe were of prime importance; without these it was declared neither

the people nor the tribe as an organization could

exist. War was secondary; its true function was

protective — to guard the people from outside

enemies. Aggressive warfare was to be discouraged; any gains made by it were more than offset by the troubles entailed. It was recognized

that it was difficult to restrain young men; therefore restrictions were thrown about predatory

warfare, and all who went on the war path

should first secure permission, while the special

honors accorded to those whose brave acts were

performed in defense of the tribe tended to

make war secondary to peace.

Kaxe'nonba,

Who frequently served

as a "soldier"

La Flesche/Fletcher Ibid.

p. 210

"Plentiful food and peace," it was said,

"are necessary to the prosperity of the tribe."

In later years, under the influence of traders and of United States Government officials, the old order of [leader]ship lost much of its power. Men who

were pliant were enriched by traders and became unduly important, and the

same was frequently true of the men who were made "[leaders]" by United

States Government officials. Some of these have been men who had no

rightful claim according to tribal usage to that office. [Leaders] made by the

Government were called "paper [leaders]." These men sometimes exercised

considerable influence, as they were supposed by the people to be supported by the government, but their influence was that born of expediency rather than that growing out of the ancient belief that the [leader] was one

who was favored by Wakon'da and who represented before the people certain aspects of that mysterious power.

[Compensation] of [Leaders] and Keepers

ntrance into the order of [leader]ship was secured through certain prescribed acts and gifts called within'ethe. All of the gifts, except those belonging to the first and second grades, were made to the Seven [Leaders].

The two exceptions were contributions to ceremonies connected with the

maintenance of order and the consequent welfare of the tribe. While all the

within'ethe were in a sense voluntary, they were obligatory on the man who

desired to rise to a position of prominence in the tribe. It was explained that

"the gifts made to the [leader]s were not only in recognition of their high

office and authority as the governing power of the tribe but to supply them

with the means to meet the demands made upon them because of their official position." It was further explained that — "[Leaders] were expected to

entertain all visitors from other tribes, also the leading men within the tribe

and to make adequate gifts to their visitors. Both [Leaders] and Keepers

were often deterred from hunting by their official duties and thus were prevented from securing a large supply of food or of the raw material needed

for the manufacture of articles suitable to present as gifts to visitors. The

gifts made by aspirants to tribal office therefore partook of the nature of

payment to the [Leaders] and Keepers for the services they rendered to the

people."

Not only did the within'ethe accomplish the purpose as explained above, but

the custom stimulated industry and enterprise among the men and women,

and thus indirectly served the cause of peace within the tribe.

Beside their use as stated above, gifts were demanded as entrance fees to

the various societies. Those requisite for admission to the Hon'hewachi were

particularly costly. More over, the meetings of the societies made demands

on the accumulated wealth, so to speak, of the family. Food was required for

the "feasts" of the members, and gifts were expected as a part of some of

the ceremonies. All these had to be drawn from the surplus store, a store

that had to be created by the skill of the man as a hunter and by the industry of the woman. No one gave feasts or made gifts which left the family in

want of food or of clothing.

At the anointing of the Sacred Pole a supply of meats of the cut called tezhu'

was expected from every family in the tribe except from those of the Ho n'ga

sub[clan], that had charge of the Pole and its ceremonies. While there was

no penalty attached to the non-fulfillment of this tribal duty, as it was considered, yet from a series of coincidences a belief had grown up that a refusal would be punished supernaturally.

These customs in reference to gifts made as within'ethe show that the people

had progressed to the recognition that something more was required of a

man than merely to supply his own physical needs; that he had social and

public duties to perform and must give of his labor to support the [leaders]

and keepers, officers who served and promoted the general welfare of the

people.

Offenses and Punishments

he authority of the [leaders] and social order were safeguarded by the

following punishment:

Within the Tent Sacred to War was kept a staff of ironwood, one end of

which was rough, as if broken. On this splinted end poison was put when the

staff was to be used officially for punishment. In the pack kept in this tent

was found a bladder, within which were four rattlesnake heads, and with

them, in a separate bundle, the poison fangs. These were probably used to

compound the poison put on the staff. As men's bodies were usually naked,

it was not difficult when near a person in a crowd to prod him with the staff,

making a wound and introducing the deadly poison, which is said always to

have resulted in death. This form of punishment was applied to a man who

made light of the authority of the [leaders] or of the wain' waxube, the

packs which could authorize a war party, such a person being a disturber of

the peace and order of the tribe. The punishment was decided on by the

Council of Seven [Leaders], which designated a trustworthy man to apply

the staff to the offender. Sometimes the man was given a chance for his life

by having his horses struck and poisoned. If, however, he did not take this

warning, he paid the forfeit of his life, for he would be struck by the poisoned staff end and killed. Thieving (wamon'thon) was uncommon. Restitution was the only punishment. Assaults were not frequent. When they occurred they were settled privately between the parties and their relatives.

In all offenses the relatives stood as one. Each could be held responsible for

the acts of another — a custom that sometimes worked injustice, but on the

whole was conducive to social order.

Running off with a man's wife or committing adultery was severely punished.

In this class of offenses the husband or his near relatives administered punishment. The woman might be whipped, but the heavy punishment fell on

the guilty man. Generally his property was taken from him, and if the man

offered resistance he was either slashed with a knife or beaten with a bludgeon, the revenge taken by a husband on a man making advances to his wife

was called miwa'da.

A wife jealous of another woman who was attentive to her husband was apt

to attack her with a knife. An assault of this kind, called no n'wonçi, was seldom interfered with. If a man's wife died and left children, custom required

that he marry his wife's sister. Should he fail to do so, the woman's relatives

sometimes took up the matter and threatened the man with punishment.

Rattlesnake heads and

fangs La Flesche/Fletcher,

Ibid., p. 214

The term wanon'kathe was used in reference to

murder, or to any act which caused personal injury

to another, even if it was unpremeditated. in the

latter case the act would be condoned by gifts made

to the injured party or his relatives. Deliberate murder was punished by banishment. When the

knowledge of such a deed was brought to the notice

of the [leaders], banishment was ordered, the offender was told of the decision and he obeyed. Banishment was four years, unless the man was sooner

forgiven by the relatives of the murdered man. During this period the man had to camp outside the village and could hold no communication with anyone

except his nearest kindred, who were permitted to

see him. He was obliged to wear night and day a close fitting garment of

skin, covering his body and legs, and was not allowed to remove this covering during his punishment. His wife could carry him food but he was obliged

to live apart from his family and to be entirely alone during the period of his

exile.

It was believed that the spirit of a murdered man was inclined to come back

to his village to punish the people. To prevent a murdered man from haunting his village he was turned face downward, and to impede his steps the

soles of his feet were slit lengthwise. The return of a spirit to haunt people

was called wathi'hide, "disturbance." such a haunting spirit was supposed to

bring famine. To avert this disaster, when a murdered man was buried, besides the precautions already mentioned, a piece of fat was put in his right

hand, so that if he should come to the village he would bring plenty rather

than famine, fat being the symbol of plenty. Even the relatives of the murdered man would treat the body of their kinsman in the manner described.

The sentence being passed on a murderer, the [leaders] at once took the

Tribal Pipes to the family of the murdered man and by gifts besought them

to forego any further punishment upon the family of the murderer. If they

accepted the gifts and smoked the pipe, there was no further disturbance

connected with the crime.

The offense of wathi'hi, that of scaring off game while the tribe was on the

buffalo hunt, could take place only by a man slipping away and hunting for

himself. By this act, while he might secure food for his own use, he imperiled the food supply of the entire tribe by frightening away the herd. Such a

deed was punished by flogging. Soldiers were appointed by the [leaders] to

go to the offender's tent and administer this punishment. should the man

dare to resist their authority he was doubly flogged because of his second

offense. Such a flogging sometimes caused death. Besides this flogging, the

man's tent was destroyed, his horses and other property were confiscated,

and his tent poles burned; in short, he was reduced to beggary.

The punishment of a disturber of the peace of the tribe, by the exercise of

washin'agthe, the placing of will power on the offender by the [leaders], was a

peculiar form of chastisement by which the person was put out of friendly

relations with men and animals. For a similar placing of the mind on an offender.

White Eagle (Ponca) narrated the following as a showing the Ponca treatment of a murderer, even if the killing was an accident:

A Ponca killed a man. It was not intentional, but nevertheless he was,

by the consent of the people, punished by the father of the man who

was killed. The father cut all the edges of the man's robe, so that

nothing about him could flutter should the wind blow. The spirit of a

murdered person will haunt the people, and when the tribe is on the

hunt, will cause the wind to blow in such a direction as to betray the

hunters to the game and cause the herd to scatter, making it impossible for the people to get food. (The Umonhon have the same belief

about ghosts scattering the herds by raising the wind.) After the man's

robe was cut it was sewed together in front, but space was left for his

arm to have freedom. He was then bade to say, as he drew the arrow

from the wound and rubbed it over the dead man, "I did not kill a

man, but an animal." Then his hair was cut short for fear it might blow

and cause the winds to become restless. The covering about the heart

of a buffalo was taken and put over the man's head, and he was banished from the tribe for four years. The man obeyed strictly all the directions given him, and, further than that, he wept every day for the

man he had slain. This action so moved the relatives of the dead, it is

said, that in one year they pardoned him, gave him his liberty, and he

returned to the tribe and his family. La Flesche/Fletcher, Ibid., pp. 199-216

Establishment of "The Council"

he enforced abandonment of the annual hunt and the changes taking place in

the life and habits of the tribe led to a modification in tribal government, one

favored by the United States agency officials. Questions frequently arose the determination of which required cooperation between the tribe and the Agent. Tribal

meetings were cumbersome and difficult to manage, so it came about that a

"council" was formed from a small number of leaders and other cooperative men,

who could be easily called together by the agent. Leadership in the old meaning

of the term thereby lapsed. The council represented the people but all governing

power had become centered in the United States Indian Agent.

Nothing belonging to the past now seemed stable to the [Umo nhon];

only the familiar landscape remained

to remind them that they were still

in the land of their fathers.

La Flesche/Fletcher, Ibid., p. 635

Ni shu’de Ke: Missouri River, OTHRP Archives

OTHRP Note: The following information comes from the Hastings/Coffey PhD dissertation

["Completely Illustrated: Grandfather Remembers -- Broken Treaties/Stolen Land: The [Umonhon]

Land Theft," 2009] that helped to win unanimously the U.S. Supreme Court case Nebraska vs.

Parker over the boundaries of the reservation. It reveals how the Umo nhon really lost their tribal

government between 1864-1866 from the Indian point of view. It explains the terse and somewhat curt remarks at the end of the 27th Annual Report. After all, Joseph La Flesche was Dr.

Francis La Flesche, Esq.'s father.

Robert Furnas

Robert Wilkinson

Furnas (1824-1905)

<http://en.wikipedia.org/

wiki/Robert_Wilkinson

_Furnas>7-25-08

obert Wilkinson Furnas was born on May 5,

1824, to William and Martha (Jenkins) Furnas

near Troy, Miami County, Ohio. His parents were of

English Quaker stock and were natives of South

Carolina. Robert was orphaned in 1832 when his

parents died from cholera, and he went to live with

his paternal grandparents in Troy. Later while still a

youth, he left this home and worked as a tin and

printing apprentice. In the late 1840's he became

engaged in a number of business enterprises in the

southern Ohio-northern Kentucky region, including

book and job printing, publishing a newspaper in

Troy, and various positions as a railroader, including

station agent, conductor and engineer. In 1852,

while still living in Ohio, he became involved in the

insurance business which he continued until he

moved to Nebraska Territory in April 1856.

Furnas established the Nebraska Advertiser in Brownville and it soon became a newspaper of note, primarily because of his frank comments on

contemporary issues. He participated actively in promoting the Territory,

and wrote a number of pamphlets advertising the region to prospective

settlers. He was also extremely interested in developing the full agricultural potential of the land and to this end founded the Nebraska Farmer, Nebraska's first agricultural periodical.

Furnas attempted to be politically neutral when he arrived in the Territory,

although he had been a Whig in Ohio. He soon found himself, however,

aligned with the newly organized Republican Party. He served in the 3rd6th Territorial Councils which met during 1857-1860, and was a member

of the Agriculture, Education and Horticulture committees.

Furnas was an officer in the Territorial Militia when the Civil War started,

and was soon appointed a colonel in the U.S. Army. He organized several

Indian regiments prior to commanding the Second Nebraska Cavalry which

participated in campaigns against the Plains Indians, most notably in the

battle of White Stone Hill. He returned to civilian life after the Civil War

and served from 1864 to 1866 as Agent for the [Umo nhon] Indians. He returned to Brownville in 1867, where he became actively engaged in a

nursery business in which he had purchased half interest. Although he was

owner and editor of the Nebraska Advertiser from 1870 to 1871, his main

vocation after his term as Indian Agent was the operation of his nursery

business located on the outskirts of Brownville, where he resided until his

death on June 1, 1905.

In 1872 Furnas was elected governor of Nebraska on the Republican ticket

even though prior to the election he was involved in a controversy when it

was charged that he had accepted a bribe in voting against the removal of

the capital from Omaha in 1857. His two years as governor were clouded

with a number of problems including administrative questions and economic hardship, originating from Nebraskans being plagued by grasshoppers which necessitated various relief measures. Furnas did not seek reelection in 1874 and he never again held an elective public office. Later,

he was interested in a number of appointive positions, particularly that of

Commissioner of Agriculture. "Guide to the Microfilm Ediition of the Robert W.

Furnas Papers 1844-1905," Nebraska State Historical Society. n. d.

. . .Furnas' three year residence at the [Umonhon] Agency, [covered] the

problems of the Winnebago removal to the reservation, the selection of a

licensed trader, and Sioux attacks, caus[ing] considerable tension.*

How much of these problems were caused by Furnas' manipulations needs to

be addressed. Furnas' stay on the reservation, a scant two years, financed his

career. Not likely on an Indian agent's salary.

Joseph La Flesche

n 1866, for reasons which remain obscure, La Flesche had moved

his family off the reservation because of a dispute with the

[Umonhon’s] government agent. That agent, Robert W. Furnas, told

the director of the Presbyterian Board of Foreign Missions that he had

not ordered La Flesche to leave the reservation as some claimed. Yet

Agent Furnas also stated that in order for La Flesche to return, "he

must conduct himself properly, and be subordinate to the agent."

Furnas called La Flesche "a shrewd, cunning, ambitious and aspiring

Indian politician, who has never been willing to be subordinate to an

agent, or even [to] the Hon. Comr. of Indian Affairs." Evidently Furnas and La Flesche had clashed over the issue of political authority,

and the agent had won. When La Flesche returned to the reservation,

he did not serve as a "paper chief" and his influence as a traditional

[leader] may have been limited to some loyal followers among the

*Tate, Michael L. The Upstream People: An Annotated Research Bibliography of the Oma-

ha Tribe, The Scarecrow Press, Inc., Metuchen, New Jersey & London, 1991, p. 230. 821. Farb,

Robert C. "Robert W. Furnas as [Umonhon] Indian Agent, 1864-1866" Nebraska History, 32

(September 1951), 186-203; (December 1951), 268-83 This article, largely based upon the Robert W. Furnas Papers at the Nebraska State Historical Society, offers a good view of Umonhon

leaders, annuity distribution process, and an 1865 trip to Washington, D.C., to negotiate a treaty

for the creation of a Winnebago Reservation from Umonhon lands.

[standing] Frank La Flesche

[seated left to right]

Henry Fontenelle, I'-ba'han-bi

and Ka'xe' thon-be

OTHRP Archives

Cottonwood leaves, Coffey, OTHRP Archives

Inshta monze: Iron Eyes: Joseph La Flesche [above] and La Flesche Trading Post

[below] note the earth lodge behind it. Smithsonian

"'make-believe' white men," or the "young

men's party," as they came to be called.

Whatever the case, La Flesche's leadership

among the [Umonhon] had waned. The political role of the traditional [leaders] disappeared, and the agent's council of "paper

chiefs" replaced the Council of Seven as the

governing body of the society.

Clyde A. Milner, II, With Good Intentions: Quaker

Work Among the Pawnees, Otos and Omahas in the

1870s, University of Nebraska Press, Lincoln, 1982, p.

159

Whatever Mr. Furnas claimed, the truth of the

matter was, that Joseph La Flesche was difficult

for those who did not align themselves with his

Young Men's Party. Joseph represented a political

faction of the Umonhon. He was involved with land

speculation and the La Flesche family sat in a

unique position with their friendship with Alice

Fletcher who was in charge of both enrollment

and allotments for the tribe.

Furnas' hands were not clean either. It is clear

that he did, indeed, throw an Umonhon Indian off

of his own reservation because he could not deal

with him. Involved with both the railroads and the

insurance business, Furnas was a speculator who

Joseph La Flesche, 1854

settled in the Half Breed Tract area, became the

Nebraska State

Historical Society

Indian Agent for the Umonhon area for a short

term and then retired to the Half Breed Tract area when he left that post. He

apparently made money in land speculation of some form and then invested

it into his nursery business.

The important significance of the Furnas/La Flesche argument was that at

the end of it, the Nation was no longer governed by those representing the

people but instead became a Nation governed by those representing the

agent. Thus democracy died aborning in the hands of those who most

aligned themselves with it.

How valid are treaties when the Government controls the votes on both sides?

"Completely Illustrated: Grandfather Remembers -- Broken Treaties/Stolen Land: The Omaha

Land Theft," Ph D. dissertation, Western Institute for Social Research, 2009,

unpublished manuscript, pp. 359-361

First the Americans refused to negotiate with the women of the tribe, eliminating

half of the adults which laid the ground for patriarchy. Then they promised protection in exchange for a small piece of land, establishing the American concept

of land ownership. Swift action occurred after the American Civil War. Railroads

were established along with the systematic elimination of the bison so that the

food, clothing and housing source was broken. Restricting the remaining lands to

a small acreage imprisoned the Tribe. Education was forced by literally stealing

children and placing them into boarding schools where they were stripped their

clothes, their names, their religion and culture. All decisions had to be approved

by the appointed Indian Agents who favored the pioneers and profited off of the

"deals" made to supplement their low salaries from the U.S. Government.

Robert Furnas, a one term [1864 to 1866] Indian Agent, single handedly ended

the "by the people government" of the [Umonhon] and created what are known as

"Paper Chiefs" which are constructs of the U.S. Government. The Reorganization

Act of 1934 codified it.

If the Euro-Americans had not invaded this continent and Native Americans had

been allowed to develop naturally, the Umonhon would have had a different government today than existed seven centuries ago. It is the nature of this planet

that change is the one constant thing for all those who reside upon it, within it or

above it. In the 21st century it is impossible to recreate the past no matter how

hard one tries.

That does not mean that the Umonhon are stuck with the miniature failed United

States Government model that has been forced upon them. With the development of the Reorganization Act and its implementation, the Umonhon are now in a

position to create their own version of government by studying what once was,

as clearly as they can. They would be, not only, working with a past record, but

also, with the fact that the reality that is being faced today is totally different

than what existed even one hundred years ago.

Plowing on the reservation OTHRP Archives

Umonhon Government Now:

A Possible Model for the Future

"A [leader] must be a man who can govern himself."

La Flesche/Fletcher, Ibid., p. 202

s the 21st Century gains momentum the Umonhon are in a position to study

the model documented by Dr. Francis La Flesche, Esq. in order to create a

new government based upon ancestral practice. After all, this worked for centuries, whereas the current government only benefits the few at the expense of the

many. Hoarding value is the basic premise for the capitalistic system, just the opposite of ancestral Umonhon practice. In order to determine value capitalism must

also determine no value. That sets up and institutionalizes inequality.

Ancestral Umonhon tribal government was based on the spirituality of relationships carried out on a day-to-day basis. In other words, it is founded upon nurturing the individual, family, clan and Tribal Circle, while taking care of the

plants, the wildlife, the land and the People that sat within this Circle. It is the

way of Mother Earth.

In 2016 the original Umonhon Reservation was officially defined by four courts, including the U. S. Supreme Court, which made its decision unanimously. Each upheld the 1854 Treaty, which created the boundaries of the Umonhon Nation's designated land. And in the center of this territory is a circle facing east: the Hu'thuga. The Hu'thuga contains the two divisions of the clans, the Hongashenu: Earth

People, and the Inshta'çunda: Sky People. The divisions are separated by the Path

of the Sun with the entrance set to the East, toward the sunrise.

However, there are a group of Umonhon who have no defined place in this Hu'thuga. The people whose ancestry is "no clan." They are not disappearing over time,

but are increasing in numbers, and in fact, they may be a larger group than some

of the original clans today.

In the past, there have been many clans that have come and gone. This action

created the five related tribes. History notes that there may have been as many

as 12 clans in the past and since it all started with a few clans, it is reasonable to

assume that in ancient history there could have been far fewer. The simplest way

to solve the large "no clan" problem is to create two "No Clan" clans: one in the

Hongashenu and the other in Inshta'çunda. The Umonhon would then be twelve

clans again, with every Umonhon included. The following article on Consensus,

while not written for tribal members, describes in a non-tribal way a basis for

consensus decision making.

Consensus

s a decision-making process, consensus decision-making aims to generate as much agreement as possible.

Collaborative: Participants contribute to a shared proposal and shape it into

a decision that meets the concerns of all group members as much as

possible.

Cooperative: Participants In an effective consensus process should strive to

reach the best possible decision for the group, rather than competing for

personal preferences.

Egalitarian: All members of a consensus decision-making body are afforded,

as much as possible, equal input into the process. All members have the

opportunity to present, and amend proposals.

Inclusive: As many stakeholders as possible are allowed to participate in the

consensus decision-making process.

The consensus process actively solicits the input and participation of all

tribal decision-makers.

[Knowledge]: The consensus should track the truth to the greatest extent

possible. [Which means that the process examines each question from all

possible positions instead of pushing an agenda.]

Alternative to Common

Decision-Making Practices

onsensus decision-making is an alternative to commonly practiced group

decision-making processes. Robert's Rules of Order, for instance, is a

guide book used by many organizations. This

book allows the structuring of debate and

passage of proposals that can be approved

through majority vote. It does not emphasize the goal of full agreement. Critics of

such a process believe that it can involve

adversarial debate and the formation of

competing factions. These dynamics may

harm group member relationships and undermine the ability of a group to cooperatively implement a contentious decision.

Consensus decision-making attempts to address the beliefs of such problems. Advocates of consensus believe that outcomes of

the process include:

•

Better decisions: Through including the

input of all stakeholders the resulting proposals may better address all potential

concerns.

Better implementation: A process that

includes and respects all parties, and gen43

Consensus Flow Chart

grant horwood, aka frymaster

<https://en.wikipedia.org/wiki/

Consensus_decision-making>

6-14-16

erates as much agreement as possible sets

the stage for greater co-operation in implementing the resulting decisions.

•

Better group relationships: A cooperative, collaborative group atmosphere can

foster greater group cohesion and interpersonal connection.

Agreement Vs. Consent

iving consent does not necessarily mean that

the proposal being considered is one’s first

choice. Group members can vote their consent to

a proposal because they choose to cooperate with

Meadowlark

Coffey, OTHRP Archives

the intent and direction of the group, rather than

insist on their personal preference. Sometimes

the vote on a proposal is framed, “Is this proposal something you can live

with?” This relaxed threshold for a “yes” vote can achieve full consent. This

full consent, however, does not mean that everyone is in full agreement.

Consent must be “genuine and cannot be obtained by force, duress or

fraud.” The values of consensus are also not realized if "consent" is given

because participants are frustrated with the process and wanting to move on.

Blocking and Other Forms of Dissent

n order to ensure that the agreement or consent of all participants is valued, many groups choose unanimity or near-unanimity as their decision

rule. Groups that require unanimity allow individual participants the option

of blocking a group decision. This provision motivates a group to make sure

that all group members consent to any new proposal before it is adopted.

Proper guidelines for the use of this option, however, are important. The

ethics of consensus decision-making encourage participants to place the

good of the whole group above their own individual preferences. When

there is potential for a block to a group decision, both the group and dissenters in the group are encouraged to collaborate until agreement can be

reached. Simply vetoing a decision is not considered a responsible use of

consensus blocking. Some common guidelines for the use of consensus

blocking include:

•

Limiting the allowable rationale for blocking to issues that are fundamental to the group’s mission or potentially disastrous to the group.

•

Limiting the option of blocking to decisions that are substantial to

the mission or operation of the group and not allowing blocking on

routine decisions.

•

Providing an option for those who do not support a proposal to

“stand aside” rather than block. Requiring a block from two or

more people to put a proposal aside.

•

Requiring the blocking party to supply an alternative proposal or a

process for generating one.

Dissent Options

hen a participant does not support a proposal, he or she does not necessarily need to block it. When a call for consensus on a motion is

made, a dissenting delegate has one of three options:

•

Declare reservations: Group members who are willing to let a motion pass but desire to register their concerns with the group may

choose "declare reservations." If there are significant reservations

about a motion, the decision-making body may choose to modify or re

-word the proposal.

•

Stand aside: A "stand aside" may be registered by a group member

who has a "serious personal disagreement" with a proposal, but is willing to let the motion pass. Although stand asides do not halt a motion,

it is often regarded as a strong "nay vote" and the concerns of group

members standing aside are usually addressed by modifications to the

proposal. Stand asides may also be registered by users who feel they

are incapable of adequately understanding or participating in the proposal.

•

Object: Any group member may "object" to a proposal. In groups with

a unanimity decision rule, a single block is sufficient to stop a proposal. Other decision rules may require more than one objection.

Blocks are generally considered an extreme measure — only used when a

member feels a proposal endangers the organization or its participants, or

violates the mission of the organization (i.e., a principled objection). In some

consensus models, a group member opposing a proposal must work with its

proponents to find a solution that works for everyone.

Process Models

here are multiple stepwise models of how to make decisions by consensus. They vary in the amount of detail the steps describe. They also vary

depending on how decisions are finalized. The

basic model involves:

•

collaboratively generating a proposal,

•

modifying the proposal to generate as

much agreement as possible.

After a concerted attempt at generating full

agreement, the group can then apply its final decision rule to determine if the existing level of

agreement is sufficient to finalize a decision.

Perch

Coffey, OTHRP Archives

Blocking

roups that require unanimity commonly use a core set of procedures depicted in the flow chart.

Once an agenda for discussion has been set and, optionally, the ground rules

for the meeting have been agreed upon, each item of the agenda is addressed in turn. Typically, each decision arising from an agenda item follows

through a simple structure:

•

Discussion of the item: The item is discussed with the goal of identifying opinions and information on the topic at hand. The general

direction of the group and potential proposals for action are often

identified during the discussion.

•

Formation of a proposal: Based on the discussion a formal decision proposal on the issue is presented to the group.

•

Call for consensus: The facilitator of the decision-making body

calls for consensus on the proposal. Each member of the group usually must actively state whether they agree or consent, stand aside, or

object, often by using a hand gesture or raising a colored card, to

avoid the group interpreting silence or inaction as agreement. The

number of objections is counted to determine if this step's consent

threshold is satisfied. If it is, dissenters are asked to share their

concerns with proceeding with the agreement, so that any potential

harms can be addressed/minimized. This can happen even if the consent threshold is unanimity, especially if many voters stand aside.

•

Identification and addressing of concerns: If consensus is not

achieved, each dissenter presents his or her concerns on the proposal, potentially starting another round of discussion to address or

clarify the concern.

•

Modification of the proposal: The proposal is amended, rephrased or noted in an attempt to address the concerns of the decision-makers. The process then returns to the call for consensus and

the cycle is repeated until a satisfactory decision passes the consent

threshold for the group.

Religious Society of Friends

(Quaker)-based model

consensus is effective because it puts in place a simple,

Q uaker-based

time-tested structure that moves a group towards unity. It has been

successfully used for over 360 years. The Quaker model has been employed in

a variety of secular settings. The process allows the hearing individual voices

while providing a mechanism for dealing with disagreements.

The following aspects of the Quaker model can be applied in any consensus

decision-making process, and is an adaptation prepared by Earlham College

of Illinois:

•

Multiple concerns and information are shared until the sense of

the group is clear. Discussion involves active listening and sharing

information.

•

Norms limit number of times one asks to speak to ensure that

each speaker is fully heard.

•

Ideas and solutions belong to the group; no names are recorded.

Ideally, differences are resolved by discussion. The facilitator ("clerk" or

"convener" in the Quaker model) identifies areas of agreement and names

disagreements to push discussion deeper.

The facilitator articulates the sense of the discussion, asks if there are other

concerns, and proposes a "minute" of the decision.

•

The group as a whole is responsible for the decision and the decision belongs to the group.

•

The facilitator can discern if one who is not uniting with the decision is acting without concern for the group or in selfish interest.

Ideally, all dissenters' perspectives are synthesized into the final outcome

for a whole that is greater than the sum of its parts.

Should some dissenter's perspective not harmonize with the others, that

dissenter may stand aside" to allow the group to proceed, or may opt to

"block". "Standing aside" implies a certain form of silent consent. Some

groups allow "blocking" by even a single individual to halt or postpone the

entire process.

Key components of Quaker-based consensus include a belief in a common

humanity and the ability to decide together. The goal is "unity, not unanimity." Ensuring that group members speak only once until others are heard

encourages a diversity of thought. The facilitator is understood as serving

the group rather than acting as person-in-charge. In the Quaker model, as

with other consensus decision-making processes, by articulating the emerging consensus, members can be clear on the decision, and, as their views

have been taken into account, are likely to support it.

Adapted from <https://en.wikipedia.org/wiki/Consensus_decision-making> 6-14-16

Elements of [Umonhon] Progressive Peace

he manner of deliberating and coming to a decision in the Council of

Seven was said to have been as follows: “A question or plan of operation was presented by a member; it was then referred to the [leader] sitting

next, who took it under consideration and then passed it on to the next person and so on around the circle until it reached the man who first presented

it. The matter would pass again and again around the circle until all came to

agreement. All day was frequently spent in deliberation. No one person

would dare to take the responsibility of the act. All must accept it and then

carry it through as one man. This unity of decision was regarded as having

a supernatural power and authority. Old men explained to the writers that

the members of the council had been made [leaders] by the Sacred Tribal

Pipes, which were from Wakon'da; therefore, "when the [leaders] had deliberated on a matter and had smoked, the decision was as the word of Wakon'da." La Flesche/Fletcher, Ibid., p. 208

The Umonhon have used this system for much longer than the Quakers have.

Formatting the Traditional [Umonhon]

Progressive Peace

he original Umonhon governmental design was one of checks and balances, so

that power would not be corrupted. The format works. It can be used as the

basis for a 21st century Umonhon Government that will pass the approval of the

U. S. Government, since it is a form of Consensus that has already been recognized and approved by that Government as appropriate for signatories of the Indian Reorganization Act, of which the [Umonhon] are one. Since the original Umonhon government was based upon relationship with all relatives it would be, in 21st

Century terms, an appropriate concept for adaptation as well.

Ni'kagahi sha'be

5 Sacred Keepers

Council

of Seven

Nini'bato

The people wandered about the shores of

the great water and were poor and cold.

And the people thought,

“What shall we do to help ourselves?”

— Umonhon Sacred Legend

Two old

men

It is Time to Heal

wo old men, one from the Hon'ga clan and

Ni'kagahi xu'de

the other from the Inke'çabe clan, carried the

two pipes to each of the selected seven clans and

Original Umonhon Government asked a leader among them to serve their people. They were chosen because of the service

in diagram form

they had done for the community in order to betOTHRP Archives

ter the community: Nurture. This was the origin

of the Nini'bato subclans. Perhaps this time an elder from each of those two

clans (male and female this time?) would chose which people from each clan

could be brought together to form the Ni'kagahi xu'de. They could be guided by

clan elder meetings within each clan to nominate appropriate people. The key

would be "What have you done for the people." Both males and females could be

chosen in this manner. Or it could be left open for the interested people to apply.

Or both.

Ni'kagahi sha'be would be taken from the Ni'kagahi xu'de for the next step. This

organization would then chose which applications to the Ni'kagahi xu'de would be

accepted. Originally this group would then choose the Council of Seven from their

membership. In the 21st Century this could be reconfigured for the needs of today’s Umonhon.

Instead of a Council of Seven, the Umonhon could enlarge it to a Council of 12, so

that each clan — including the two no clans — are represented, and make it an

elected office with four year staggered terms, with term limits of two terms, or

eight years total.

Keepers [Advisors] were originally those in care of the sacred objects. The Umo nhon could instead have the Keepers represent the sacred trust the people have

given the Tribe in distributing services and have the actual Keepers elected by

employees in each division. They too, would have an elected office of 4 year

staggered terms and term limits of two consecutive terms.

The following is a list of the Tribal industries that serve to help the people:

1. Agriculture

2. Business Growth

3. Education

4. Housing

5. Indian Child Welfare

6. Medical

7. Security & Fire

8. Social Services

9. Traditional Religion

10. Umonhon Culture

11. Utilities

12. Wildlife

Maize

Coffey, OTHRP Archives

This is one way of solving the problems with the

current form of Umonhon tribal government. The

Keepers are the advisory board, in their area of

expertise, for the leadership of the Nation.

There may be other ways that the Umo nhon can

think of as well that are even better. It is time

for the Umonhon Hu’thuga, consisting of more

than 7,000 enrolled members both on and off

the Reservation, to discuss such changes and to

think carefully within the Umonhon community

about what the future may hold.

Remember these ideas are not carved in stone.

It is up to the Umonhon people

to decide.

Unknown Umonhon baby

Nebraska State Historical Society

Ewithe wongithe:

All my relatives

Home

Giffen & Tibbles, Ibid., p. 90

Mu’xanonzhin

La Flesche/Fletcher, Ibid., Insert between pp. 170-171

Missouri River in the Winter, Jeff Mohr, OTHRP Archives

The Papal Bull “Inter Caetera,”

Issued by Pope Alexander VI

May 14, 1493

<https://enWikipedia.org/wiki/

Pope_AlexanderVI>

3-31-2017

Christopher Columbus

Sebastiano del Piombo

1492—1500

<http://www.learnnc.org/lp/

Multimedia/6254> 8-18-09>

Papal Bull Inter Caetera May 4, 1493

issued by Pope Alexander VI

What are the "PAPAL BULLS"?

apal Bulls are decrees or "solemn edicts" granted by the Vatican. The

bulls we are concerned with essentially sanctioned 15th century Portuguese and Spanish genocide campaigns into Africa and the Americas.

These decrees established Christian dominion and subjugation of nonChristian "pagan" peoples and their lands (Newcomb, 1992). The 1493 Bull

"Inter Caetera" granted unlimited rights to Spain, and the subsequent

1494 "Treaty of Tordesillas" (inspired by the Bull "Inter Caetera") divided

the world in half, everything 370 leagues west of the Cape Verde islands

went to Spain, everything east went to Portugal (Gottschalk, 1927). Because the Bull "Inter Caetera" concedes rights of conquest to both Spain

and Portugal, the movement has focused on revoking the 1493 document

(Newcomb, 1999). On October 12, 1998, over 50 indigenous and human

rights advocates gathered in Honolulu, Hawaii to demand the revoking of

the 1493 bull and called for it to be revoked by the year 2,000. This response parallels Pope John Paul II's call that Christianity's 2,000 anniversary be "a year of mercy," saying "the church will seek forgiveness,"

"atonement," and that he "wants the church to enter the third millennium

with a clear conscience". (Associated Press, November 28, 1998). For

more information on the papal bulls movement and our annual burning

event, please see our website: <http://bullsburning.itgo.com/Papbull.htm>

The Papal Bulls as Pertaining to the Americas The historical introduction below is taken

from Paul Gottschalk, "The Earliest Diplomatic Documents on America: The Papal Bulls of

1493 and the Treaty of Tordesillas Reproduced and Translated," Berlin, 1927. The introduction and bull "Inter Caetera" of May 4, 1493 are provided by Frances Gardiner Davenport, ed., "European Treaties bearing on the History of the United States and its Dependencies to 1648," Washington, D.C., 1917. Historical Introduction.

Historical Introduction

eturning from his first voyage, Columbus landed on the Portuguese

coast and was at once invited to Court. He reached Lisbon March 4,

1493, upon the invitation of the King of Portugal. On hearing his report,

King John II claimed the newly discovered lands for Portugal by virtue of

the Treaty of Alcacovas of 1479, sanctioned by the Bulls of Pope Sixtus IV,

dated June 21, 1481. The text of the Treaty and the Bull contain some

slight variations and thereby allow of different interpretations. It is difficult

to decide, therefore, whether this claim of the Portuguese King was justified. Contemporary as well as modern historians have always differed

widely in their opinions. It is generally believed that, with his famous message on his discoveries, Columbus dispatched to the Spanish Kings, who

were at Barcelona, a report on the difficulties raised by the Portuguese

King, but it is questioned whether this was sent from Lisbon by land or

from Palos after having reached the latter port, March 14, 1493. King Ferdinand and Queen Isabella of Spain reported the great news at once to

Pope Alexander VI. It is again doubtful whether this was done by a special

messenger or by a courier sent to Cardinal Bernardin de Carvajal and to

Ruiz de Medina, then Spanish ambassadors at the Holy See, and whether

this was done in consequence of the Portuguese claims or according to a

general custom of that period.

Pope Alexander VI, himself a Spaniard, granted the request to confer the

lately discovered lands on the Crown of Spain by three Bulls issued on May

3 and May 4 1493 (all much in favor of Spain, and depriving Portugal of

nearly all privileges bestowed upon it by the Bulls of 1452 and 1454, issued by Nicholas V, and by that of 1481 of Sixtus IV and one of 1484 of

Innocentius VIII). Some months later, on September 26, 1493, a fourth

Bull was issued granting to Spain almost unlimited rights. But this act remained without consequence; for in the meantime, at the suggestion of

the King of Spain, it was agreed that, to avoid complications already

threatening, a conference should be held. Portuguese ambassadors were

sent to Barcelona and, after many negotiations and some interruptions, a

settlement was finally reached at the small Spanish town of Tordesillas and

a treaty was signed on June 7, 1494. Obviously inspired by the corresponding passage in the second Bull "Inter caetera", but not referring to

this or any other bulls or treaties, it was provided that there should be

drawn a line running from North to South, 370 leagues west from Cape

Verde Islands, and that everything west of this line should belong to Spain,

everything east of it to Portugal. The sanction, which by the terms of the

Treaty was to be asked, was never given by Alexander VI and not before

the 24th of January, 1506, was a Bull to such effect issued by Pope Julius II.

Although much disputed and very differently interpreted, this Treaty remained in force until January 13, 1750, when the Treaty of Madrid annulled

the boundary line. It would seem, however, that this boundary line, first

provided for in the second Bull "Inter caetera" and later corrected in the

Treaty of Tordesillas, decided what parts of the western hemisphere as well

as which regions of the eastern hemisphere were discovered, possessed

Umonhon Earthen Lodge National Archives

and civilized by Spain and by Portugal respectively, and which still speak

the language and show the influence of the culture of their first discoverers. Introduction to the Bull Inter Caetera — May 4, 1493 Like the bull

"Eximiae devotionis" of May 3, the bull "Inter caetera" of May 4 is a restatement of part of the bull "Inter caetera" of May 3. Taken together the

two later bulls cover the same ground as the bull "Inter caetera" of May 3,

for which they form a substitute. The changes introduced into the bull

"Inter caetera" of May 4, are, however, of great importance, and highly favorable to Spain.

Instead of merely granting to Castile the lands discovered by her envoys,

and not under Christian rule, the revised bull draws a line of demarcation

one hundred leagues west of any of the Azores or Cape Verde Islands, and

assigns to Castile the exclusive right to acquire territorial possessions and

to trade in all lands west of that line, which at Christmas, 1492, were not

in the possession of any Christian prince. The general safeguard to the

possible conflicting rights of Portugal is lacking. All persons are forbidden

to approach the lands west of the line without special license from the rulers of Castile. It is not probable that by this bull Alexander VI intended to

secure to Portugal an eastern route to the Indies, as some writers have

maintained. In the bulls of May 3, the earlier papal grants to Portugal are

said to have given her rights in the region of Guinea and the Gold Mine,

but the Indies are not mentioned. The bull of May 4 does not name Portugal and refers to her only in the clause which excepts from the donation

any lands west of the demarcation line, which at Christmas, 1492, might

be in the possession of any Christian prince.

The Papal Bull "Inter Caetera,"

issued by Pope Alexander VI on May 4, 1493

he Bull Inter Caetera (Alexander VI.) May 4, 1493 Alexander, Bishop,

servant of the servants of God, to the illustrious sovereigns, our very

dear son in Christ, Ferdinand, king, and our very dear daughter in Christ,

Isabella, queen of Castile, Leon, Aragon, Sicily, and Granada, health and

apostolic benediction. Among other works well pleasing to the Divine Majesty and cherished of our heart, this assuredly ranks highest, that in our

times especially the Catholic faith and the Christian religion be exalted

and be everywhere increased and spread, that the health of souls be

cared for and that barbarous nations be overthrown and brought to the

faith itself. Wherefore inasmuch as by the favor of divine clemency, we,

though of insufficient merits, have been called to this Holy See of Peter,

recognizing that as true Catholic kings and princes, such as we have

known you always to be, and as your illustrious deeds already known to

almost the whole world declare, you not only eagerly desire but with every effort,

zeal, and diligence, without regard to hardships, expenses, dangers, with

the shedding even of your blood, are laboring to that end; recognizing also

that you have long since dedicated to this purpose your whole soul and all

your endeavors — as witnessed in these times with so much glory to the

Divine Name in your recovery of the kingdom of Granada from the yoke of

the Saracens — we therefore are rightly led, and hold it as our duty, to

grant you even of our own accord and in your favor those things whereby

with effort each day more hearty you may be enabled for the honor of God

himself and the spread of the Christian rule to carry forward your holy and

praiseworthy purpose so leasing to immortal God.

We have indeed learned that you, who for a long time had intended to

seek out and discover certain islands and main lands remote and unknown

and not hitherto discovered by others, to the end that you might bring to

the worship of our Redeemer and the profession of the Catholic faith their

residents and inhabitants, having been up to the present time greatly engaged in the siege and recovery of the kingdom itself of Granada were unable to accomplish this holy and praiseworthy purpose; but the said kingdom having at length been regained, as was pleasing to the Lord, you,

with the wish to fulfill your desire, chose our beloved son, Christopher Columbus, a man assuredly worthy and of the highest recommendations and

fitted for so great an undertaking, whom you furnished with ships and

men equipped for like designs, not without the greatest hardships, dangers, and expenses, to make diligent quest for these remote and unknown

main lands and islands through the sea, where hitherto no one had sailed;

and they at length, with divine aid and with the utmost diligence sailing in

the ocean sea, discovered certain very remote islands and even main

lands that hitherto had not been discovered by others; wherein dwell very

many peoples living in peace, and, as reported, going unclothed, and not

eating flesh. Moreover, as your aforesaid envoys are of opinion, these very

peoples living in the said islands and countries believe in one God, the

Creator in heaven, and seem sufficiently disposed to embrace the Catholic

faith and be trained in good morals. And it is hoped that, were they instructed, the name of the Savior, our Lord Jesus Christ, would easily be

introduced into the said countries and islands. Also, on one of the chief of

these aforesaid islands the said Christopher has already caused to be put

together and built a fortress fairly equipped, wherein he has stationed as

garrison certain Christians, companions of his, who are to make search for

other remote and unknown islands and main lands.

In the islands and countries already discovered are found gold, spices, and

very many other precious things of divers kinds and qualities. Wherefore,

as becomes Catholic kings and princes, after earnest consideration of all

matters, especially of the rise and spread of the Catholic faith, as was the

fashion of your ancestors, kings of renowned memory, you have purposed

with the favor of divine clemency to bring under your sway the said main

lands and islands with their residents and inhabitants and to bring them to

the Catholic faith. Hence, heartily commending in the Lord this your holy

and praiseworthy purpose, and desirous that it be duly accomplished, and

that the name of our Savior be carried into those regions, we exhort you

very earnestly in the Lord and by your reception of holy baptism, whereby

you are bound to our apostolic commands, and by the bowels of the mercy

of our Lord Jesus Christ, enjoy strictly, that in as much as with eager zeal

for the true faith you design to equip and dispatch this expedition, you

purpose also, as is your duty, to lead the peoples dwelling in those islands

and countries to embrace the Christian religion; nor at any time let dangers or hardships deter you there from, with the stout hope and trust in

your hearts that Almighty God will further your undertakings. And, in order that you may enter upon so great an undertaking with greater readiness and heartiness endowed with benefit of our apostolic favor, we, of

our own accord, not at your instance nor the request of anyone else in

your regard, but out of our own sole largess and certain knowledge and

out of the fullness of our apostolic power, by the authority of Almighty God

conferred upon us in blessed Peter and of the vicarship of Jesus Christ,

which we hold on earth, do by tenor of these presents, should any of said

islands have been found by your envoys and captains, give, grant, and assign to you and your heirs and successors, kings of Castile and Leon, forever, together with all their dominions, cities, camps, places, and villages,

and all rights, jurisdictions, and appurtenances, all islands and main lands

found and to be found, discovered and to be discovered towards the west

and south, by drawing and establishing a line from the Arctic pole, namely

the north, to the Antarctic pole, namely the south, no matter whether the

said main lands and islands are found and to be found in the direction of

India or towards any other quarter, the said line to be distant one hundred

leagues towards the west and south from any of the islands commonly

known as the Azores and Cape Verde. With this proviso however that none

of the islands and main lands, found and to be found, discovered and to

be discovered, beyond that said line towards the west and south, be in the

actual possession of any Christian king or prince up to the birthday of our

Lord Jesus Christ just past from which the present year one thousand four

hundred ninety three begins. And we make, appoint, and depute you and

your said heirs and successors lords of them with full and free power, authority, and jurisdiction of every kind; with this proviso however, that by

this our gift, grant, and assignment no right acquired by any Christian

prince, who may be in actual possession of said islands and main lands

prior to the said birthday of our Lord Jesus Christ, is hereby to be understood to be withdrawn or taking away.

Moreover we command you in virtue of holy obedience that, employing all

due diligence in the premises, as you also promise--nor do we doubt your

compliance therein in accordance with your loyalty and royal greatness of

spirit--you should appoint to the aforesaid main lands and islands worthy,

God-fearing, learned, skilled, and experienced men, in order to instruct

the aforesaid inhabitants and residents in the Catholic faith and train them

in good morals. Furthermore, under penalty of excommunication "late

sententie" to be incurred "ipso facto," should anyone thus contravene, we

strictly forbid all persons of whatsoever rank, even imperial and royal, or

of whatsoever estate, degree, order, or condition, to dare without your

special permit or that of your aforesaid heirs and successors, to go for the

purpose of trade or any other reason to the islands or main lands, found

and to be found, discovered and to be discovered, towards the west and

south, by drawing and establishing a line from the Arctic pole to the Antarctic pole, no matter whether the main lands and islands, found and to

be found, lie in the direction of India or toward any other quarter whatsoever, the said line to be distant one hundred leagues towards the west

and south, as is aforesaid, from any of the islands commonly known as

the Azores and Cape Verde; apostolic constitutions and ordinances and

other decrees whatsoever to the contrary notwithstanding. We trust in

Him from whom empires and governments and all good things proceed,

that, should you, with the Lord's guidance, pursue this holy and praiseworthy undertaking, in a short while your hardships and endeavors will

attain the most felicitous result, to the happiness and glory of all Christendom.

But inasmuch as it would be difficult to have these present letters sent to

all places where desirable, we wish, and with similar accord and

knowledge do decree, that to? copies of them, signed by the hand of a

public notary commissioned therefore, and sealed with the seal of any ecclesiastical officer or ecclesiastical court, the same respect is to be shown

in court and outside as well as anywhere else as would be given to these

presents should they thus be exhibited or shown. Let no one, therefore,

infringe, or with rash boldness contravene, this our recommendation, exhortation, requisition, gift, grant, assignment, constitution, deputation,

decree, mandate, prohibition, and will. Should anyone presume to attempt this, be it known to him that he will incur the wrath of Almighty

God and of the blessed apostles Peter and Paul. Given at Rome, at St. Peter's, in the year of the incarnation of our Lord one thousand four hundred

and ninety-three, the fourth of May, and the first year of our pontificate.

Gratis by order of our most holy lord, the pope.

June.

For the referendary,

For J. Bufolinus,

A. de Mucciarellis.

A. Santoseverino.

L. Podocatharus.

Declaration of Vision

movement to revoke the Papal Bull "Inter Caetera" was initiated by the

Indigenous Law Institute in 1992. At the Parliament of World Religions in

1994, over 60 indigenous delegates drafted a DECLARATION OF VISION.

It reads, in part:

We call upon the people of conscience in the Roman Catholic hierarchy to

persuade Pope John II to formally revoke the Inter Cetera Bull of May 4,

1493, which will restore our fundamental human rights. That Papal document

called for our Nations and Peoples to be subjugated so the Christian Empire

and its doctrines would be propagated. The U.S. Supreme Court ruling Johnson v. McIntosh 8 Wheat 543 (in 1823) adopted the same principle of subjugation expressed in the Inter Cetera Bull. This Papal Bull has been, and continues to be, devastating to our religions, our cultures, and the survival of

our populations. Steven Newcomb <https://indiancountrymedianetwork.com/news/

opinions/pope-francis-takes-a-first-step-toward-revoking-the-papal-bulls/> 3/22/17

Pope Francis Takes a First Step

Toward Revoking the Papal Bulls

Steven Newcomb, July 13, 2015

n July 9 the Associated Press reported that while visiting La Paz, Bolivia,

“Pope Francis apologized. . .for the sins, offenses and crimes committed

by the Catholic Church against indigenous peoples during the colonial-era

conquest of the Americas,” (story by Nicole Winfield and Frank Bajak). The pope’s

statement in Bolivia was made in advance of his trip to North America

where, he plans to give sainthood to Junipero Serra as the founder of nine of

the 21 California missions which proved so deadly and destructive for the

Native peoples of California.

As the representative of the Holy See, Pope Francis is the successor to previous popes, such as Nicholas V and Alexander VI, who created, on behalf of

the Holy See, the institutional framework within which “the sins, offenses

and crimes” to which Pope Francis referred were committed, including in the

Spanish Catholic mission system.

We must not overlook a key fact: the edicts of various popes created the

predatory framework of Christian empire (“emperii Christiani”) and domination

in the name of Christian “evangelism.” That framework became the basis for

centuries of death and devastation experienced by our original free nations

and peoples (now typically called “indigenous”) throughout the western

hemisphere and elsewhere.

What terminology did the Holy See use to create the framework found in the

papal bulls or edicts? It was that terminology which provided the very basis

for the sins, offenses, and crimes to which Pope Francis alluded. In the papal

edict Dum Diversas of 1452, as one example, Pope Nicholas V authorized

King Alfonso of Portugal, or his representatives, to sail to non-Christian

lands, and “to invade, capture, vanquish, and subdue, all Saracens, pagans,

and other enemies of Christ, to reduce their persons to perpetual slavery,

and to take away all their possessions and property.”

The king was further instructed to “convert” the lands of the non-Christians.

In legal terms, the word “convert” can mean “to unlawfully or wrongfully

take away that which rightfully belongs to another.” Accordingly, Pope Nicholas V then declared the king’s actions against the non-Christians to be “just

and lawful.”

The above quoted terminology (invade, capture, vanquish, subdue, reduce

to slavery, and convert the lands and property of the non-Christians) not

only declared war on the non-Christian world. It also created a framework or

paradigm of DOMINATION that continues to operate in plain sight while generally going unnoticed and unnamed.

In La Paz, Pope Francis was said to be addressing “the indigenous” peoples

of Bolivia and elsewhere. What is the definition of “indigenous” at the United

Nations? As stated in one definition, our nations and peoples are considered

“indigenous” because we regard ourselves as “distinct from other sectors of

society now prevailing.” To prevail is “to gain ascendancy,” and ascendancy

is defined as “governing or controlling influence: DOMINATION.” (Webster’s

Third New International Dictionary Unabridged, 1993).

To be taken seriously, an “apology” or “begging of forgiveness” by Pope

Francis, or any other pope, must be the basis for the papacy explicitly addressing the system of domination that the Holy See created and set into

motion in the name of, “Him from whom empires, and dominations, and all

good things proceed” (papal bull of May 3, 1493). That same system of domination is what ended up being spread by the Holy See and Christian monarchies, and missionaries such as Serra. To this day that system’s domination

framework is still being used against our original nations and peoples.

This being the case, Pope Francis can show true courage and moral authority for the Catholic Church by taking a next logical step: Revoke those papal

bulls that have resulted in the domination and dehumanization of our original nations and peoples. In 1993, the Indigenous Law Institute wrote a letter to Pope John Paul II calling on him to revoke the Inter Caetera papal bull

of May 4, 1493 in representation of the entire series of papal documents.

We wrote another to Pope Benedict XVI. We have maintained that campaign

ever since the 1990s with the spiritual guidance and leadership of Birgil Kills

Straight, an Elder and Traditional Head Man of the Oglala Lakota Nation, and

with the solidarity of many Christian supporters throughout the world.

Given his statement of papal contrition in La Paz, Pope Francis has taken an

important first step toward revoking the papal bulls of empire and domina60

tion. Yet, as the saying goes, actions speak louder than words. The pope has

some choices to make regarding possible papal edicts. For the Church, a lot

is riding on his decision.

Possible papal edict one: Pope Francis can make a clean break with the

dominating tradition of the papal bulls by issuing an edict officially revoking

those documents issued by his predecessors, and by refusing to canonize

Junipero Serra. Possible papal edict two: Pope Francis can go through with

his decision to bestow sainthood on Junipero Serra, and thereby choose to

validate, legitimize, and sanctify the deadly trajectory of Christian empire

and domination formed by the papal bulls. If he does, he will thereby

demonstrate the emptiness of his expression of contrition. As a less likely

papal “wild card,” he may even try a complete contradiction: Grant sainthood to Serra and revoke the papal bulls, which would be an attempt to

simultaneously reject and embrace the domination tradition.

Steven Newcomb (Shawnee, Lenape) is co-founder and co-director of the Indigenous Law

Institute and author of Pagans in the Promised Land: Decoding the Doctrine of Christian

Discovery (Fulcrum, 2008). He is co-producer of the soon-to-be-released documentary

movie, The Doctrine of Discovery: Unmasking the Domination Code, directed by Sheldon

Wolfchild (Dakota), with narration by Buffy Saint-Marie (Cree). Steven Newcomb

<https://indiancountrymedianetwork.com/news/opinions/pope-francis-takes-a-first-step-towardrevoking-the-papal-bulls/> 3/22/17

"Mission at Bellevue"

Stanislaw W. Y. Schymonsky ca. 1855 Schymonsky was a draftsman and surveyor at Bellevue.

The original of this painting is owned by Mrs. J. M. Johnson 123 No. 33 rd St. at Omaha

SEE: "Nebraska Art and Artists" p. 11 & 12. Nebraska State Historical Society

1762

Preliminary convention between

the Kings of France and Spain

for the cession of Louisiana to the latter.

Translated from a certified copy of the original in the French language, deposited in

the archives of the Department of State at Madrid.

he most Christian King being firmly resolved to strengthen and

perpetuate the bonds of tender amity which unite him to his

cousin the Catholic King, proposes in consequence to set with his

Catholic Majesty at all times and in all circumstances, in a perfect

uniformity of principles, for the common glory of their house and the

reciprocal interests of their kingdoms.

With this view, his most Christian Majesty, being fully sensible of the

sacrifices made by the Catholic King, in generously uniting with him

for the restoration of peace, desires, on this occasion, to give him a

proof of the strong interest which he takes in satisfying him and affording advantages to his crown.

The most Christian King has accordingly authorized his minister, the

Duke of Choiseul, to deliver to the Marquis de Grimaldi, the ambassador of the Catholic King, in the most authentic form, an act, whereby

his most Christian Majesty cedes in entire possession, purely and

simply, without exception, to his Catholic Majesty and his successors,

in perpetuity, all the country known under the name of Louisiana, as

well as New Orleans and the island in which that place stands.

But as the Marquis de Grimaldi is not informed with sufficient precision of the intentions of his Catholic Majesty, he has thought proper

only to accept the said cession conditionally, and sub spe rati, [under

expectation that it will be ratified,] until he receives the orders expected of

his most Christian Majesty, as he hopes they will be, will be followed

by the authentic set of cession of the said country; stipulating also

the measures and the time, to be fixed by common accord, for the

evacuation of Louisiana and New Orleans, by the subjects of his most

Christian Majesty, and for the possession of the same by those of his

Catholic Majesty,

In testimony whereof, we, the respective ministers, have signed the

present preliminary convention, and have affixed to it the seals of our

arms.

Done at Fontainebleau, on the third of November, one thousand seven hundred and sixty-two.

The DUKE DE CHOISEUL,

The MARQUIS DE GRIMALDI

A true copy from the original

The DUKE DE CHOISEUL.

1762

Definitive act of cession of Louisiana

by the King of France to the King of Spain.

The translation was faithfully made by Robert Greenhow, translator of foreign languages to the

Department of State of the United States. Washington, March 24, 1836.

Translated by Robert Greenhow, translator of foreign languages to the Department of

State, from an authentic copy of the original in the Department of State of Spain, to which

copy are appended the certificate of Don Ceferino Cervallos, archivist of the Department of

State of Spain, that it is a true copy from the original, and of Don Angel Calderon de la

Barca, envoy extraordinary and minister plenipotentiary of Spain in the United States, that

it was received by him officially from the first Secretary of State of Spain, and delivered to

the Hon. J. M. White, of Florida.

ouis, by the grace of God, King of France and Navarre, to all to whom

these presents shall come, greeting: Whereas our very dear and wellbeloved cousin the Duke de Choiseul, peer of our realm, knight of our orders

and of the golden fleece, lieutenant general of our armies, governor of Touraine, colonel general of the Swiss and Grisons, grandmaster and superintendent general of the posts and relays of France, our minister and secretary of state for the departments of war and marine and the correspondence

with the courts of Madrid and Lisbon, did sign, in our name, with the Marquis de Grimaldi, knight of our orders, gentleman of the chamber, in exercise of our very dear and well-beloved brother and cousin the Catholic King,

and his ambassador extraordinary near us, a preliminary convention, whereby, in order to give to our said brother and cousin a new testimonial of our

tender friendship, of the strong interest which we take in satisfying him and

promoting the welfare of his crown, and of our sincere desire to strengthen

and render indissoluble the bonds which unite the French and Spanish nations, we ceded to him entire and perpetual possession of all the country

known under the name of Louisiana, together with New Orleans and the island in which that city stands, which convention had only been signed conditionally and sub spe rati, by the Marquis de Grimaldi; and whereas our said

brother and cousin the Catholic King, animated by the same sentiments towards us which we have evinced on this occasion, has agreed to the said

cession, and ratified the conditional acceptation made by his said ambassador extraordinary, which convention and ratification are here inserted word

for word as follows :

Don Carlos, by the grace of God, King of Castile, of Leon, of Arragon, of the

Two Sicilies, of Jerusalem, of Navarre, of Granada, of Toledo, of Valencia, of

Gallicia, of Majorca, of Seville, of Sardinia, of Cordova, of Corsica, of Murcia,

of Jaen, of the Alarves, of Algesires, of Gibraltar, of the Canary Islands, of

the East and West Indies and the island and main land of the ocean, archduke of Austria, duke of Burgundy, of Brabant and Milan, count of Hapsburg,

of Flanders, of Tyrol, and of Barcelona, lord of Biscay and of Molina, &c.

Whereas, on the third day of the present month, the preliminaries of a peace

were signed between the crowns of Spain and France on the one part, and

those of England and Portugal on the other, and the most Christian King my

very dear and well-beloved cousin, purely from the nobleness of his heart,

and the love and friendship in which we live, thought proper to dispose that

France to Spain 1762 continued

the Marquis de Grimaldi, my ambassador extraordinary near his royal person, and the Duke de Choiseul, his minister of state, should on

the same day sign a convention by which the crown of France ceded immediately to that of Spain the country known by the name of Louisiana, together with New Orleans and the island in which that city stands, and by

which my said ambassador agrees to the cession only conditionally sub spe

rati, as he is not furnished with orders to execute it absolutely; the tenor of

which convention is the following:

The most Christian King being firmly resolved to strengthen and perpetuate

the bonds of tender amity which unite him to his cousin the Catholic King,

proposes in consequence to act with his Catholic Majesty at all times and in

all circumstances, in a perfect uniformity of principle, for the common glory

of their house and the reciprocal interests of their kingdoms.

With this view, his most Christian Majesty being fully sensible of the sacrifices made by the Catholic King in generously uniting with him for the restoration of peace, desires, on this occasion, to give him a proof of the strong interest which he takes in satisfying him and affording advantages to his

crown.

The most Christian King has accordingly authorized his minister, the Duke

of Choiseul, to deliver to the Marquis de Grimaldi, the ambassador of the

Catholic King, in the most authentic form, an act whereby his most Christian

Majesty cedes in entire possession, purely and simply without exception, to

his Catholic Majesty and his successors, in perpetuity, all the country known

under the name of Louisiana, as well as New Orleans and the island in which

that place stands.

But, as the Marquis de Grimaldi is not informed with sufficient precision of

the intentions of his Catholic Majesty, he has thought proper only to accept

the said cession conditionally and sub spe rati, until he receives the orders

expected by him from the king his master, which, if conformable with the

desires of his most Christian Majesty, as he hopes they will be, will be followed by the authentic act of cession of the said country, stipulating

also the measures and the time, to be fixed

by common accord, for the evacuation of Louisiana and New Orleans by the subjects of his

most Christian Majesty, and for the possession

of the same by those of his Catholic Majesty.

In testimony whereof, we, the respective

ministers, have signed the present preliminary convention, and have affixed to it the

seals of our arms.

Done at Fontainebleau on the third of November, one thousand seven hundred and sixtytwo.

The DUKE DE CHOISEUL,

The MARQUIS DE GRIMALDI.

Bison in the Snow

NEBRASKAland Magazine

Treaty of San Ildefonso: October 1, 1800

reliminary and Secret Treaty between the French Republic and His

Catholic Majesty the King of Spain, Concerning the Aggrandizement of

His Royal Highness the Infant Duke of Parma in Italy and the Retrocession

of Louisiana.

His Catholic Majesty having always manifested an earnest desire to procure for His Royal Highness the Duke of Parma an aggrandizement which

would place his domains on a footing more consonant with his dignity; and

the French Republic on its part having long since made known to His Majesty the King of Spain its desire to be again placed in possession of the colony of Louisiana; and the two Governments having exchanged their views

on these two subjects of common interest, and circumstances permitting

them to assume obligations in this regard which, so far as depends on

them, win assure mutual satisfaction, they have authorized for this purpose the following: the French Republic, the Citizen Alexandre Berthier

General in Chief, and His Catholic Majesty, Don Mariano Luis de Urquijo,

knight of the Order of Charles III, and of that of St. John of Jerusalem, a

Counselor of State, his Ambassador Extraordinary and Plenipotentiary appointed near the Batavian Republic, and his First Secretary of State ad interim, who, having exchanged their powers, have agreed upon the following articles, subject to ratification.

Article 1 The French Republic undertakes to procure for His Royal Highness the Infant Duke of Parma an aggrandizement of territory which shad

increase the population of his domains to one minion inhabitants, with the

title of King and with all the rights which attach to the royal dignity; and

the French Republic undertakes to obtain in this regard the assent of His

Majesty the Emperor and King and that of the other interested states' BO

that His Highness the Infant Duke of Parma may be put into possession of

the said territories without opposition upon the conclusion of the peace to be

made between the French Republic and His Imperial Majesty.

Article 2 The aggrandizement to be given to His Royal Highness the Duke

of Parma may consist of Tuscany, in case the present negotiations of the

French Government with His Imperial Majesty shall permit that Government to dispose thereof; or it may consist of the three Roman legations or

of any other continental provinces of Italy which form a rounded state.

Article 3 His Catholic Majesty promises and undertakes on his part to retrocede to the French Republic, six months after the full and entire execution of the above conditions and provisions regarding His Royal Highness

the Duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain and that it had when France possessed it, and such as it ought to be according to the treaties subsequently

concluded between Spain and other states.

Article 4 His Catholic Majesty will give the necessary orders for the occupation of Louisiana by France as soon as the territories which are to form

the aggrandizement of the Duke of Parma shall be placed in the hands of

His Royal Highness. The French Republic may, according to its convenience, postpone the taking of possession; when that is to be executed, the

states directly or indirectly interested will agree upon such further conditions as their common interests and the interest of the respective inhabitants require.

Spain to France 1800 continued

Article 5 His Catholic Majesty undertakes to deliver to the French Republic in Spanish ports in Europe, one month after the execution of the provision with regard to the Duke of Parma, six ships of of war in good condition built for seventy-four guns, armed and equipped and ready to receive

French crews and supplies.

Article 6 As the provisions of the present treaty have no prejudicial object

and leave intact the rights of an, it is not to be supposed that they will

give offense to any power. However, if the contrary shall happen and if the

two states, because of the execution thereof, shall be attacked or threatened, the two powers agree to make common cause not only to repel the

aggression but also to take conciliatory measures prosper for the maintenance of peace with all their neighbors.

Article 7 The obligations contained in the present treaty derogate in no

respect from those which are expressed in the Treaty of Alliance signed at

San Ildefonso on the 2d Fructidor, year 4 [August 19, 1796]; on the contrary

they unite anew the interests of the two powers and assure the guaranties

stipulated in the Treaty of Alliance for all cases in which they should be applied.

Article 8 The ratifications of these preliminary articles shall be effected

and exchanged within the period of one month, or sooner if possible,

counting from the day of the signature of the present treaty.

In faith whereof we, the undersigned Ministers Plenipotentiary of

the French Republic and of His

Catholic Majesty, in virtue of our

respective powers, have signed

these preliminary articles and have

affixed thereto our seals.

Done at San Ildefonso the 9th Vendemiaire, 9th year of the French

Republic. [October 1, 1800]

[Seal] ALEXANDRE BIRTHIER

[Seal] MARIANO LUIS DE URQUIJO

<http://avalon.law.yale.edu/19th_century/

ildefens.asp> 3-21-08

Carlos IV, King of Spain and the Indies

T. J. López Enguídanes Early 19th Century

<http://lsm.crt.state.la.us/cabildo/cab4.htm>

5-1-09

Michigan

Terr.

Oregon

Country

Illinois

Terr.

Indiana

Terr.

Ohio

Territory

Spain

Mississippi

Territory

Spain

Orleans

Territory

[above] Thomas Jefferson, Democrat/Republican, Slave owner

<https://commons.wikimedia.org/wiki/File:Official_Presidential_portrait_of_Thomas_Jefferson

(by_Rembrandt_Peale,_1800).jpg>

[below] 1810 Map of the Louisiana Purchase OTHRP, based upon

<http://en.wikipedia.org/wiki/File:National-atlas-1970-1810-loupurchase-1.png> 5-1-09

Louisiana Purchase History

he story of the way in which the United States acquired Louisiana is

complicated, involving power, politics, intrigue, and suspicion. It also

reveals the foresight of Thomas Jefferson, who considered the purchase as

one of his greatest achievements.

At the end of the French and Indian Wars in 1763, France lost all of its possessions in North America, dashing hopes of a colonial empire. This empire

was centered on the Caribbean island of Santo Domingo and its lucrative

cash crop of sugar. The French territory called Louisiana, extending from

New Orleans up the Missouri River to modern day Montana, was intended

as a granary for this empire and produced flour, salt, lumber, and food for

the sugar islands. By the terms of the 1763 Treaty of Fontainebleau, however, Louisiana west of the Mississippi was ceded to Spain, while the victorious British received the eastern portion of the huge colony.

When the United States won its independence from Great Britain in 1783,

one of its major concerns was having a European power on its western

boundary, and the need for unrestricted access to the Mississippi River. As

American settlers pushed west, they found that the Appalachian Mountains

provided a barrier to shipping goods eastward. The easiest way to ship produce was to build a flatboat and float down the Ohio and Mississippi Rivers

to the port of New Orleans, from which goods could be put on ocean-going

vessels. The problem with this route was that the Spanish owned both

sides of the Mississippi below Natchez.

In 1795 the United States negotiated the Pinckney Treaty with Spain,

which provided the right of navigation on the river and the right of deposit

of U.S. goods at the port of New Orleans. The treaty was to remain in effect for three years, with the possibility of renewal. By 1802, U.S. farmers,

businessmen, trappers and lumbermen were bringing over $1 million worth

of produce through New Orleans each year. Spanish officials were becoming concerned, as U.S. settlement moved closer to their territory. Spain

was eager to divest itself of Louisiana, which was a drain on its financial resources. On October 1, 1800, Napoleon Bonaparte, First Consul of France,

concluded the Treaty of San Ildefonso with Spain, which returned Louisiana

to French ownership in exchange for a Spanish kingdom in Italy.

Napoleon's ambitions in Louisiana involved the creation of a new empire

centered on the Caribbean sugar trade. By terms of the Treaty of Amiens

of 1802, Great Britain returned ownership of the islands of Martinique and

Guadeloupe to the French. Napoleon looked upon Louisiana as a depot for

these sugar islands, and as a buffer to U.S. settlement. In October of 1801

he sent a large military force to retake the important island of Santo Domingo, lost in a slave revolt in the 1790s.

Thomas Jefferson, third President of the United States, was disturbed by

Napoleon's plans to re-establish French colonies in America. With the possession of New Orleans, Napoleon could close the Mississippi to U.S. commerce at any time. Jefferson authorized Robert R. Livingston, U.S. Minister

to France, to negotiate for the purchase for up to $2 million of the City of

New Orleans, portions of the east bank of the Mississippi, and free navigation of the river for U.S. commerce.

An official transfer of Louisiana to French ownership had not yet taken

place, and Napoleon's deal with the Spanish was a poorly kept secret on

the frontier. On October 18, 1802, however, a strange thing happened.

Juan Ventura Morales, Acting Intendant of Louisiana, made public the intention of Spain to revoke the right of deposit at New Orleans for all cargo

from the United States. The closure of this vital port to the United States

caused anger and consternation, and commerce in the west was virtually

blockaded. Historians believe that the revocation of the right of deposit

was prompted by abuses of the Americans, particularly smuggling, and not

by French intrigues as was believed at the time. President Jefferson ignored

public pressure for war with France, and appointed James Monroe special

envoy to Napoleon, to assist in obtaining New Orleans for the United

States. Jefferson boosted the authorized expenditure of funds to $10 million.

Meanwhile, Napoleon's plans in the Caribbean were being frustrated by

Toussaint L'Ouverture, his army of former slaves, and yellow fever. During

ten months of fierce fighting on Santo Domingo, France lost over 40,000

soldiers. Without Santo Domingo Napoleon's colonial ambitions for a French

empire were foiled in North America. Louisiana would be useless as a granary without sugar islanders to feed. Napoleon also considered the temper

of the United States, where sentiment was growing against France and

stronger ties with Great Britain were being considered. Spain's refusal to

sell Florida was the last straw, and Napoleon turned his attention once

more to Europe; the sale of the now-useless Louisiana would supply needed funds to wage war there. Napoleon directed his ministers, Talleyrand

and Barbe-Marbois, to offer the entire Louisiana territory to the United

States — and quickly.

On April 11, 1803, Talleyrand asked Robert Livingston how much the United States was prepared to pay for Louisiana. Livingston was confused, as

his instructions only covered the purchase of New Orleans and the immediate area, not the entire Louisiana territory. James Monroe agreed with Livingston that Napoleon might withdraw this offer at any time. To wait for

approval from President Jefferson might take months, so Livingston and

Monroe decided to open negotiations immediately. By April 30, they closed

a deal for the purchase of the entire 828,000 square mile Louisiana territory for 60 million Francs (approximately $15 million). Part of this sum was

used to forgive debts owed by France to the United States. The payment

was made in United States bonds, which Napoleon sold at face value to the

Dutch firm of Hope and Company, and the British banking house of Baring,

at a discount of 87½ per each $100 unit. As a result, Napoleon received

only $8,831,250 in cash for Louisiana. Dutiful banker Alexander Baring

conferred with Marbois in Paris, shuttled to the United States to pick up the

bonds, took them to Britain, and returned to France with the money — and

Napoleon used these funds to wage war against Baring's own country!

When news of the purchase reached the United States, President Jefferson

was surprised. He had authorized the expenditure of $10 million for a port

city, and instead received treaties committing the government to spend

$15 million on a land package which would double the size of the country.

Jefferson's political opponents in the Federalist Party argued that the Louisiana purchase was a worthless desert, and that the Constitution did not

provide for the acquisition of new land or negotiating treaties without the

consent of the Senate. What really worried the opposition was the new

states which would inevitably be carved from the Louisiana territory,

strengthening Western and Southern interests in Congress, and further reducing the influence of New England Federalists in national affairs. President Jefferson was an enthusiastic supporter of westward expansion, and

held firm in his support for the treaty. Despite Federalist objections, the

U.S. Senate ratified the Louisiana treaty in the autumn of 1803.

A transfer ceremony was held in New Orleans on November 29, 1803.

Since the Louisiana territory had never officially been turned over to the

French, the Spanish took down their flag, and the French raised theirs. The

following day, General James Wilkinson accepted possession of New Orleans

for the United States. A similar ceremony was held in St. Louis on March 9,

1804, when a French tricolor was raised near the river, replacing the Spanish national flag. The following day, Captain Amos Stoddard of the First U.S.

Artillery marched his troops into town and ran the stars and stripes up the

fort's flagpole. The Louisiana territory was officially transferred to the United

States government, represented by Meriwether Lewis.

The Louisiana Territory, purchased for less than 5 cents an acre, was one

of Thomas Jefferson's greatest contributions to his country. Louisiana doubled the size of the United States literally overnight, without a war or the

loss of a single American life, and set a precedent for the purchase of territory. It opened the way for the eventual expansion of the United States

across the continent to the Pacific, and its consequent rise to the status of

world power. International affairs in the Caribbean and Napoleon's hunger

for cash to support his war efforts were the background for a glorious

achievement of Thomas Jefferson's presidency, new lands and new opportunities for the nation.

<http://www.nps.gov/archive/jeff/lewisclark2/Circa1804/Heritage/

LouisianaPurchase/LouisianaPurchase.htm> 5-1-09

The Louisiana Purchase, 1803

President Thomas Jefferson, slave owner

Treaty Between

the United States of America

and the French Republic

he President of the United States of America and the

First Consul of the French Republic in the name of

the French People desiring to remove all Source of misThomas Jefferson

understanding relative to objects of discussion menWikipedia

tioned in the Second and fifth articles of the Convention

of the 8th Ven- démiaire an 9/30 September 1800 relative to the rights

claimed by the United States in virtue of the Treaty concluded at Madrid

the 27 of October 1795, between His Catholic Majesty & the Said United

States, & willing to Strengthen the union and friendship which at the time of

the Said Convention was happily reestablished between the two nations

have respectively named their Plenipotentiaries to wit The President of the

United States, by and with the advice and consent of the Senate of the

Said States; Robert R. Livingston Minister Plenipotentiary of the United

States and James Monroe Minister Plenipotentiary and Envoy extraordinary of the Said States near the Government of the French Republic; And

the First Consul in the name of the French people, Citizen Francis Barbé

Marbois Minister of the public treasury who after having respectively exchanged their full powers have agreed to the following Articles.

Article I Whereas by the Article the third of the Treaty concluded at St Ildefonso the 9th Vendémiaire an 9/1st October 1800 between the First Consul of the French Republic and his Catholic Majesty it was agreed as follows.

"His Catholic Majesty promises and engages on his part to cede to the

French Republic six months after the full and entire execution of the conditions and Stipulations herein relative to his Royal Highness the Duke of

Parma, the Colony or Province of Louisiana with the Same extent that it

now has in the hand of Spain, & that it had when France possessed it; and

Such as it Should be after the Treaties subsequently entered into between

Spain and other States."

And whereas in pursuance of the Treaty and particularly of the third article

the French Republic has an incontestable title to the domain and to the

possession of the said Territory — The First Consul of the French Republic

desiring to give to the United States a strong proof of his friendship doth

hereby cede to the United States in the name of the French Republic for

ever and in full Sovereignty the said territory with all its rights and appurtenances as fully and in the Same manner as they have been acquired by

The Louisiana Purchase 1803 continued.

the French Republic in virtue of the above mentioned Treaty concluded

with his Catholic Majesty.

Article II In the cession made by the preceding article are included the

adjacent Islands belonging to Louisiana all public lots and Squares, vacant

lands and all public buildings, fortifications, barracks and other edifices

which are not private property. — The Archives, papers & documents relative to the domain and Sovereignty of Louisiana and its dependences will

be left in the possession of the Commissaries of the United States, and

copies will be afterwards given in due form to the Magistrates and Municipal officers of such of the said papers and

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