GANNON UNIVERSITY

Wiping the Sorrow from the Trail of Tears:

Realizing the need for healing within the American Indian culture

Stephnie Retkofsky

10/21/2008

The purpose of this research is to look at the history of interactions between Western European settlers and the indigenous people of North America. Through the roughly 500 year history of relations between these two extremely diverse cultures, we have seen genocide, cultural annihilation, attempts at Christian conversion through positive and negative means as well as treaties and other dealings that sought to control and dominate what has been called the “New World” by the Europeans. Because of this past there is now a need to seek healing and perhaps a means of dialogue that can bring the importance and relevance of the American Indian culture and spirituality to the rest of the world. I am hoping that through this investigation that I will find the means to bring understanding of the need for healing as well as means to heal.

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Table of ContentsTable of Contents........................................................................................................................................2

Part One: The Broken Road: The Need for Ministry.....................................................................................4

Introduction: What is a “Red Man”?.......................................................................................................4

Understanding a Wounded People..........................................................................................................6

Rights to human dignity...........................................................................................................................8

A Call to Social Justice............................................................................................................................12

The Need for Healing.............................................................................................................................16

Part Two: The Wounded Road: A brief history of US & Native relations..................................................20

Introduction: Trying to understand the past.........................................................................................20

The Treaty Years....................................................................................................................................21

Dealing with the “Indian Problem”........................................................................................................26

Forced Emigration.................................................................................................................................37

Extermination Policies...........................................................................................................................45

Part Three: The Road Less Travelled: Becoming the pastoral minister....................................................55

Introduction: The calling of a healing minister.....................................................................................55

One Creator...........................................................................................................................................55

The Good Red Road...............................................................................................................................62

How can we become pastoral ministers?..............................................................................................77

Bibliography...............................................................................................................................................80

Appendixes................................................................................................................................................82

Appendix A: The Indian Removal Act of 1830........................................................................................83

Appendix B: Removal of the Indians Debate.........................................................................................86

Appendix C: Worcester v. Georgia 6 Pet. 515 (1832) Supreme Court...................................................91

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Part One: The Broken Road: The Need for Ministry

Introduction: What is a “Red Man”?

Injun, Indian, Native American, American Indian, Redman, indigenous people, First

Nations People. There are many terms that people use to describe the group of nations that

inhabited North and South America, yet none of these terms really describe the complexity of

cultures of the many different tribes and nations that live on this land. First Nations descendants

are seeking to understand a culture as a whole, yet all of the different nations from the Eastern

Woodlands tribes to the Plains and the South and Northwest peoples, are as different from one

another as they are all different from those that came across the Atlantic Ocean. Therefore it is

important to begin with a definition of who we are as a people and as a diverse culture. The

Iroquois, Tsalgi (Cherokee), Lakota & Dakota Sioux, the Choctaw, Ojibwa, Osage, Chinook,

Cowlitz are but a few of the hundreds of nations that inhabit this continent. Just as the different

nations in Europe walk different paths and enjoy a diverse culture, so do the people of these

many nations. Be aware that what is important and relevant in one or ten nations may not be the

same for others, yet too often are all of these cultures lumped into one category: Red. This is a

false assumption to make because not all of the nations have the same type of skin color, eye

color or hair. While many are dark with brown eyes and black hair, not all shared the same deep

colorings. Those that spent time in the shaded and cold damp areas did not get as dark as those

on the plains in the open sun. Anyone around you can be a member of an American Indian

nation, the blonde, the blue eyed, the dark, and the light.

Another assumption is the blood quantum question that goes along with the different

colors of American Indians. “You can’t be an Indian, you aren’t dark enough!” A culture and an

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upbringing cannot be quantified by what degree your parents were of blood. Raised in the

culture is a sign that you are of that culture. Being a light skinned “Indian” I have often had this

question posed to me, yet I remember meeting Chief Wilma Mankiller and she said to me “It is

not your looks that make you Native, it is your heart. Do not let anyone tell you that you are not

Cherokee.”1 Too often people like me, people who did not grow up on a reservation or in the

blatant Native culture feel lost, disjointed and alone because of the stereotypes we are faced with.

All American Indian people, whether those born on a res or those who are called “urban Indians”

because of growing up in mainstream culture seek to understand their history without the

stereotypes and misinformation that bombards us. Kenneth Cohen, author of Honoring the

Medicine: The essential guide to Native American healing, aptly described the issue that many

people have in claiming their heritage.

For example, during the early nineteenth century, many Native people did not register on U.S. government-sponsored tribal rolls. They did not recognize United States jurisdiction or care about the government’s attempts to quantify them. Today, their descendants are clearly Native American, though not in the eyes of the U.S. government. Entire tribes, such as the forty-thousand member Lumbee of North Carolina and the Duwamish of Washington (tribe of the famous Chief Seattle), remain unrecognized and are defined by the United States as non-existent, often because of ignorance of a tribe’s history and continuity; a lack of distinct, treaty guaranteed lands; and greed for title over contested tribal homelands and their resources.2

In order to learn how to minister within the First Nations culture, educators and ministers must

first look at the history between the relations of White and Red and come to understand that our

past has shaped and formed us, yet it does not hold us captive, thus working past the pain and the

1 I met Chief Mankiller in Portland, OR in 1995. She spoke about the importance of understanding our heritage and not letting that culture die away. This impacted me so greatly that I really sought to learn more about my heritage and understand that how my grandparents raised me spoke of the American Indian culture.2 Cohen, Kenneth. Honoring the Medicine: The essential guide to Native American healing. New York City: Ballantine Books, 2003.

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hurt to look at a brighter future as people not only of one tribe or another, or even one culture or

another, but as People of God, who created all things.

Understanding a Wounded People

As the old saying goes, “In 1492, Columbus sailed the ocean blue” and the entire world

went from a flat surface to a broader and more complex planet. Upon meeting the native

Arawaks, Columbus saw an opportunity for money and power, thus beginning centuries of

oppression and hardship for the indigenous peoples of North and South America. “The Indians,

Columbus reported, "are so naive and so free with their possessions that no one who has not

witnessed them would believe it. When you ask for something they have, they never say no. To

the contrary, they offer to share with anyone...." He concluded his report by asking for a little

help from their Majesties, and in return he would bring them from his next voyage "as much gold

as they need . . . and as many slaves as they ask." He was full of religious talk: "Thus the eternal

God, our Lord, gives victory to those who follow His way over apparent impossibilities."3

Columbus saw a people that were too innocent to be on their own and thus easy to exploit. Soon

after this, missionaries came across the ocean to convert as well as subjugate. By the time the

English and French settlers came to what was to become the United States of America, a couple

centuries of interaction between certain tribes and the Whites shaped the attitude of fear and

prejudice on both sides of the Atlantic Ocean. What soon followed could be described as

genocide of proportions that put the horrors of Adolf Hitler during World War Two to shame.4

This led to generations of people not wanting to admit to their heritage, hiding behind closed

doors and forcing their children to lose the past in order to keep them safe from harm. Guilt and

3 Zinn, Howard. Christopher Columbus and the Indians by Howard Zinn. http://www.newhumanist.com/md2.html (accessed October 21, 2008).4 Mankiller, Wilma & Michael Wallace. Mankiller: A Chief and her People. New York: St. Martin’s Griffon, 1999.

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shame ruled with an iron fist and the people seeking to protect their family suffered as did their

children. To this day there are grandmothers and grandfathers that will not admit to being of

American Indian descent because of that shame people associate with being an American Indian.

This gives the pastoral minister an opportunity to offer healing and acceptance of culture. A

pastoral minister should be open minded and willing to learn the environment they are

ministering in. Comforting and nonjudgmental become the primary qualities of a pastoral

minister working in a healing ministry.

From early periods of massacring the indigenous people to the cultural and social

annihilation that continued openly up to the 1990s, these people have suffered and continue to

suffer the ramifications of these centuries of warfare against their way of life. Suffering through

these attempts at destruction, the American Indians developed a hard shell of animosity, mistrust

and depression that permeates their society even today. One example is the need for a BIA

(Bureau of Indian Affairs) card in order to gain any sort of aid from the government, such as

student loans or grants. American Indians must be registered with a number in order to be

recognized as an Indian according to the government. No other ethnic race in the United States

has to register and prove their lineage for generations. This is just another way to continue the

gap of distrust between Red and White cultures. In order to begin the healing and gain back this

trust, the United States needs to recognize the ongoing segregation and racism that occurs. From

the decimation of entire tribes through warfare and disease, to the forced removal of entire

nations to hostile climates they were unaccustomed to the American Indians became a wounded

people, yet this was only the beginning of what became the foundation for the Indian Boarding

School experience and years of cultural and spiritual suppression within the United States.

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As a result of centuries of injustice, persecution and destruction, many American Indian

people feel disconnected with their heritage. Ashamed of their Native heritage many are angry

and bitter towards a government that has belittled and continues to oppress their culture and way

of life through legislation designed to continue the process of destruction that started when

settlers first decided to walk upon our shores. Today pastoral ministers are called to not only

acknowledge what has happened with these rich cultures, but to also be a healing force that does

not pity the plight of the American Indian peoples, but is willing to learn and understand their

cultural differences and repair the damage that centuries of mistreatment has caused. The only

way pastoral ministers can do that is by understanding what the call is to all Christians in the

points of the dignity of the human person and social justice as was taught through the Vatican II

Council. As ministers, our responsibility is not only to ourselves, but also to our fellow man and

ultimately to God is to realize our past and pave a future that is filled with hope and promise

rather than dissention and pain. Understanding that the high level of mistrust continues,

ministers need to focus on the fundamental principles of Christian faith, that of loving your

neighbor as yourself and doing for others instead of for yourself. Seeing the validity and

importance of a rich spiritual heritage, even if it is fundamentally different, will aid the minister

in working in this field. Faith speaks more than doctrine. No matter what our doctrines speak

of, the primary source must be scripture. Jesus’ example of how to live with others and reach out

to all people, accepting them for who they are and treating others with love before all else should

be the end goal of anyone working in ministry.

Rights to human dignityEvery human being has certain rights to human dignity. This means that all people

deserve respectful treatment, no matter our cultural or ethnic heritage. All too often, though

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people forget that everyone is the same under the skin and because of those differences, people

seek to change, dominate or judge others by standards they are accustomed. When the council of

Vatican II met, they concluded that all people have certain rights and grace is given to all

members of the human race. In Gaudium et Spes, the importance and responsibility of each

Christian to our fellow man becomes clear. This document, created as a response to the need to

see all people equally and to repair the damage done by those who held power throughout

history. The Vatican Council held true to the knowledge that Jesus called us to be ministers to

all, not oppressors or conquerors. Human dignity is the right of all people, no matter their color,

race, cultural background or spiritual formation. This dignity is not reserved merely for

Christians, but for every person:

All this holds true not for Christians only but also for all men of good will in whose hearts grace is active invisibly. For since Christ died for all, and since all men are in fact called to one and the same destiny, which is divine, we must hold that the Holy Spirit offers to all the possibility of being made partners, in a way known to God, in the paschal mystery.5

Jesus Christ died for all people for all time, not just a few people of a certain lineage. Jesus

accepted all walks of life; the poor, the marginalized, those that spoke against him and even the

one who sought to betray him. As he did this, he gave every person throughout the world a

common bond to righteousness. Because of this, Christians should treat each person they

encounter with dignity and justice. The idea of human dignity should brighten the hopes of

Christians that wish to follow closely to the mission that Jesus left for those who would follow

him, yet too often people failed in this duty and caused the opposite of dignity to prevail in

society. Often Christians and those who desire to follow the scriptures created a sense of shame

and despair towards people that knew nothing of the scriptures, but still carried a deep sense of

faith and spirituality. Pastoral ministers respond to a greater mission, the call to heal and bring

5 Vatican II. Guadium et Spes, Northport, NY. 1965, p. 924.

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two diverse cultures to see the value in one another as Christians and to views each other as

equals. Reminded of the scripture where Jesus tells us that his followers must love one another

as they love their own self. In Gaudium et Spes, the authors remind us of this scripture and the

purpose of the scripture: “Love of God and of one’s neighbor, then, is the fist and greatest

commandment. Scripture teaches us that love of God cannot be separated from love of one’s

neighbor: ‘Any other commandment [is] summed up in this sentence: ‘You shall love your

neighbor as yourself…’ therefore love is the fulfilling of the law”6 If all people are to love one

another as ourselves, all people should respect the lives and cultures of all everyone. The

Vatican Council clearly set forth this basic human right to dignity in the documents pertaining to

human dignity and cultural awareness.

Each culture and society has value and something to offer the rest of the world. Seeing

the beauty and value in the diversity that God created holds value and should be encouraged, yet

too often instead people seek to discriminate, hold back and insult what they do not know.

Pastoral ministers need to see that value and not judge because of differences, but recognize the

commonalities that strengthen our catholic faith. For not just those of the Roman Church need to

follow the path to human dignity, but all people who say they follow Jesus Christ are called to

love and respect all life, including the right to live in a society that will not persecute because of

cultural differences. Since Christians believe that it is every person’s right to a life of human

dignity, therefore the conclusion is that every person also has the basic right to fulfill that dignity

in a positive manner.

He ought, therefore, to have ready access to all that is necessary for living a genuinely human life: for example, food, clothing, housing, the right to freely to choose his state of life and set up a family, the right to education, work, to his good name, to respect, to

6 Vatican II. Guadium et Spes, (Northport, NY 1965), 925.

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proper knowledge, the right to act according to the dictates of conscience and to safeguard his privacy, and rightful freedom even in matters of religion.7

Within this statement, the leaders of the Vatican II council teach us that it is not only the

Christian, but all people who are called to give dignity and basic human rights. Instead of

limiting people who are different, ministers see their value and therefore see the importance and

validity of different cultural experience. The Creator, expressed in human thought and emotion

stands as the beacon of the healing process. Our responsibility as humans as well as Christians is

to ensure that all people have these basic rights. Forcing or coercing others into a certain norm

creates barriers to ministry that benefits no one. A Christian, one who follows the teachings of

Jesus Christ, should exemplify the teachings from scripture and seek to uphold the rights and

dignity of all persons.

When people respect the culture and dignity of others, then they can come to understand

the strengths of diversity. Using a positive approach to understanding differences allows others

to learn and grow without seeking to destroy another. If everyone lives to see the value of each

person, giving them the rights of dignity and acceptance they should show respect to them.

Today there is an inescapable duty to make ourselves the neighbor of every man, no matter who he is, and if we meet him, to come to his aid in a positive way, whether he is an aged person abandoned by all, or foreign worker despised without reason, a

refugee, an illegitimate child wrongly suffering for a sin he did not commit, or a starving human being who awakens our conscience by calling to mind the words of Christ: “As you did it to tone of the least of these my brethren, you did it to me (Mt. 25:4)8

This statement includes the American Indian people, who seemed to be forgotten even during the

1960s when the Vatican II council took place. During a volatile time period in the United States,

where the civil rights movement sought to find freedom for people of color, the American Indian

7 Vatican II. Guadium et Spes, (Northport, NY 1965), 927.8 Ibid, 928.

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still remained left out. Since it can be socially acceptable to make fun of American Indians,

American society continued to stereotype the culture. Even today many times it is okay to make

fun of or insult American Indian culture and society, whereas it is not okay to do the same with

other non-White ethnic groups. Too long did the First Nations people suffer the lack of human

dignity by being forced and mistreated for hundreds of years. All Americans, no matter their

genetic heritage, must acknowledge what happened in the past. Not because of a need to feel as

if leaders failed, but instead to see how people can overcome these stereotypes and move towards

breaking down cultural barriers. Ministers now have an understanding about the wounds that the

American Indians and an opportunity to learn from these mistakes and move towards

understanding the rich heritage and value that all people share. Healing these wounds of fear,

hatred and misinformation offers many rewards for the pastoral minister.

A Call to Social Justice

What is dignity? The World English Dictionary defines dignity as “2. The state or

quality of being worthy of honor.”9 How often do others subjugate or press others into the

ground because they feel unworthy? Dignity means to see the importance of your own life.

When hurt people let others take this pride and hope away, they lose their dignity and sense of

honor. In doing so, they lose a part of ourselves and become wounded. The idea of pro-life

becomes clouded through the political debates between pro/anti abortionist activists, yet pro-life

is really a form of social justice. When Christians see a wounded person, they should reach out

to them and offer what succor we can. Christians need to be for all life, for the betterment, not

the diminishment of life. The Catechism of the Catholic Church, Part Three: The Life of Christ,

looks at the human rights and issues of social justice, helping the faithful understand not only

9 www.dictionary.com.

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what it means to be a community, but to also respect one another, learn from them and support

social justice. Learning from the past helps the pastoral minister see the path of healing before

them. “Where sin has perverted the social climate, it is necessary to call for the conversion of

hearts and appeal to the grace of God. Charity urges just reforms. There is no solution to the

social question apart from the Gospel.”10 As human nature can rule each person, all are subject

to sin. In the past 500 years, social sin in dealing with American Indians continued to prevail.

These sins, demonstrated by forced relocation, internment camps, forced re-education programs

and a denial of basic humane living conditions, only scratch the surface that necessitates the need

for healing. Pastoral ministers, now aware of that sin and many seek an opportunity to wipe

away the taint of that sin by trying to find solutions and a means to repair the harm done by the

past.

Working hand in hand with the dignity of the human person, social justice becomes the

means in which we can apply the knowledge on how to treat our fellow man. Dignity, that

which gives us a sense of pride and self worth, should help a person face any situation. Too

often though people have looked down upon other cultures, especially ones radically different,

making the people feel ashamed of who they are as well as how and what they believe in.

“Respect for the human person entails respect for the rights that flow from his dignity as a

creature. These rights are prior to society and must be recognized by it.”11 Social justice and

human dignity is about respect. Society is responsible for the formation and attitude of all

generations; therefore, it is upon society that we teach respect of life and people. Pastoral

ministers need to make sure that we do not fall into complacency by ignoring the past, but

instead look at it objectively and see what has happened and how we can learn from that and

10 Catechism of the Catholic Church, (Liberia Edirice Vaticana, 2000), 462.11 Ibid, 469.

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never repeat this sort of horror again. Taking the time to understand another culture, looking for

the similarities as well as learning new lessons helps someone who is seeking to aid in the

process of healing past hurts. The best approach then to the First Nations people is that one of

quiet respect. Listening and learning of the culture, participating in the rituals and the life. In

those actions, the dialogue of mending the hurts of the past can begin.

For all people that desire to have a healthy lifestyle will keep the traditions and the

culture of his or her people alive. Social justice is the means in which we can help people see the

importance of this cultural diversity and its relevance to each and every person, not just the

social majority. Gaudium et Spes continues to elaborate on the importance of human dignity and

social justice, by reminding us that culture is not just one person or nation, but every nation

across the world. “Undoubtedly not all men are alike as regards to physical capacity and

intellectual and moral powers. But forms of social or cultural discrimination in basic personal

rights on the grounds of sex, race, color, social conditions, language or religion must be curbed

and eradicated as incompatible with God’s design.”12 The United States is a land of different

people with different capacities and therefore judgment based upon a single norm that society

sees as the perfect model creates adversity and closes the door to healing and ministry. God has

called us to support and care for one another. As Jesus said in the Gospel of St. Matthew, “Then

He will answer them, 'Truly I say to you, to the extent that you did not do it to one of the least of

these, you did not do it to Me.'”13 What we do to one another, we do to Jesus Christ and to

ourselves. If there is an action, then there will be a reaction. As a result of these years of

oppression, many American Indian people harbor anger, mistrust, hatred and fear of the U.S.

12 Vatican II, Gaudium et Spes. (Northport, NY, 1965), 929.13Bible Gateway.com New American Bible. http://www.biblegateway.com/passage/?book_id=47&chapter=25&verse=45&version=49&context=verse (accessed October 28, 2008).

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government and the ruling cultural class. Many still live on reservations that are akin to most 3rd

world nations or have lost a sense of identity because of years of cultural warfare. Since Vatican

II, we have had the documents and the calling to social justice reform, yet we still lack in many

ways to implement these teachings.

In 1987, Pope John Paul II came to the United States and to Canada speaking to the

indigenous peoples. In his address to the Nations on September 14th, Pope John Paul II began a

process of confronting the years of social injustice and thus opened the door for both participants

in the healing dialogue to begin a journey of understanding and hopefully healing. “The early

encounter between your traditional cultures and the European way of life was an event of such

significance and change that it profoundly influences your collective life even today. That

encounter was a harsh and painful reality for your peoples. The cultural oppression, the

injustices, the disruption of your life and of your traditional societies must be acknowledged.”14

Only after twenty years do we see the effects of Vatican II coming into play on such a public

venue. Here is a call and an acknowledgement that there had been a lack in social justice and in

dignity towards the American Indian peoples. Yet for people to truly heal, they have to have an

understanding of that injustices did occur and why there is so much pain. Many of the First

Nations people know that there is still a rift between their culture and that of the mainstream, but

they do not know all of the details, just enough to know that the US Government betrayed them

while the educational system and cultural system in place in the US paints a different picture.

Therefore, no one truly understands the need for healing because they are not informed. Without

14 Pope John Paul II. “Meeting with the Native Peoples of the Americas Address of His Holiness John Paul II.” http://www.vatican.va/holy_father/john_paul_ii/speeches/1987/september/documents/hf_jp-ii_spe_19870914_amerindi-phoenix_en.html (accessed October 29, 2008).

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knowing about these past relations, the pastoral minister could inadvertently create more barriers,

thus they need to learn so they may be a force of healing and ministry.

When a Christian Indian states to your average non-First Nations person that their

cultural heritage as well as a Christian, the typical response they always hear is, “How can you

be an Indian and a Christian?” The misconceptions of faith and spirituality bred an air of

suspicion for anyone who chooses to keep hold of their cultural beliefs as well as follow the path

of Jesus Christ. When this happens, invariably a door opens to begin a discussion on faith, how

Jesus taught us to see God and the importance of the tenets of faith. Respect, Love, Honor. To

respect God and all of God’s creation is vitally important. This means understanding the world

we live in and do our best not to destroy what we these gifts. Loving our neighbors, means that

we seek to see the best in each person, even when we do not agree with their point of view.

Finally, to honor others, the land and everything around us because God created it all and

therefore we should treat it as the precious gift that God intended the world to be.

The Need for Healing

When Columbus first came to the Americas, he sought to bring the concepts of European

enlightenment and Christianity to the indigenous people. Dee Brown, author of Bury My Heart

at Wounded Knee introduces the dialogue about the first settlers and Columbus’ view on the

American Indians:

“So tractable, so peaceable, are these people,” Columbus wrote to the King and Queen of Spain, “that I swear to your Majesties there is not a in the world a better nation. They love their neighbors as themselves, and their discourse is ever sweet and gentle, and accompanied with a smile; and though it is true that they are naked, yet their manners are decorous and praiseworthy.”

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All this of course, was taken as a sign of weakness, if not heathenism and Columbus being a righteous European was convinced the people should be “made to work, sow and do all that is necessary and to adopt our ways.”15

This set the precedent that the indigenous people are ones that should be suppressed, enslaved

and conquered in the New World. As European upper classes treated their own peasantry, thus

they treated the Indian people with that same lesser status. Thus as defeated prisoners they

became wounded by the cruelties of the early explorers, yet it was not until after the United

States became a nation that the true need for healing started to emerge.

Since even before the Revolutionary War there have been hundreds of treaties between

the American Indian people and the U.S. Government. There are too many treaties to discuss,

but the important fact is that the United States Government broke the majority of these treaties.

The US government abused and ratified treaties in order to meet the needs of greedy politicians

and settlers that wished to own lands that they saw as valuable. Because of this attitude, many

American Indian people became frustrated, hurt and angered by the treatment of their families

and clans. By 1830, President Jackson, a man known for hating all Indians, created the Indian

Removal Act, which was seen as the first step at getting rid of the “Indian Problem.” The act

states in the beginning that it is “An Act to provide for an exchange of lands with the Indians

residing in any of the states or territories, and for their removal west of the river Mississippi”16

There was no treaty or discussion with the American Indians. Rather the U.S. congress decided

to remove any Indian to further west, without taking into consideration the tribal nations that

lived in those areas or the previous treaties that had been agreed upon. Because of this Indian

Removal Act, thousands of American Indians suffered and died, leaving a trail of blood that still

leads to wounds and hatred.

15 Brown, Lee. Bury My Heart at Wounded Knee. New York: Henry Holt and Company, 2007.16 Library of Congress. 21st Congress, Session I, Chapter 48. May 28, 1830.

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After the Indian Removal Act sent the American Indians west there was a push of

dominant culture settlers westward and once again lands that had been granted seemed to be

overrun by settlers. Another form of removal seemed to become necessary to solve the Indian

problem. In the latter half of the 19th century the government came up with the idea of boarding

and day schools that would teach Indian children the benefits of White Society, this began a

nearly 100 year attack on the cultural identity and heritage of a beaten and already suffering

people. Stuck on reservations without decent sources of survival, the only opportunity many saw

as a chance for survival was to send their children to these boarding schools. “Under the proper

conditions, that is to say under white tutelage, Indians too might one day become as civilized as

their white brothers.”17 Rather than providing a means for survival, this became a period of time

where the physical wars of killing Indians became a means of killing their heritage and culture.

This stage of our history brings shame, pain and hardship to those that suffered as well as their

children and grandchildren who became lost in a mix between worlds.

When the average person thinks of American Indians, they picture the Hollywood

portrayals or think about controversies with casinos and gambling. Neither of these concepts

truly portrays the life of the American Indian or how many of them deal with such pains as

cultural identity, acceptance in their own society as well as mainstream culture in the United

States. Stereotypes that make Americans looking like some sort of displaced foreigner in a

world that will not accept them or ignorant to modern society and health issues with alcohol

abuse and dietary problems.

There is a need for healing in so many ways. In order for that to occur, pastoral ministers

must understand the depth of these issues within the American Indian culture and how this

17 Adams, David Wallace. Education for Extinction: American Indians and the Boarding School Experience 1875 – 1926. Kansas: University Press of Kansas, 1995.

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suppressed cultural war continues to flourish even today. As the journey unfolds, the reader will

see how the physical and cultural terrorism has created a culture that is suffering spiritually as

well as culturally as they fight to regain all that was lost. Healers who wish to serve need to

understand fully what it is that needs mended before the healing process can begin. Therefore,

we will look at some of this long history of oppression so we can gain that understanding and the

process of healing can begin for all people, both Indian and White.

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Part Two: The Wounded Road: A brief history of US & Native relations

Introduction: Trying to understand the past

Ministry begins with an understanding of the mission field. When a minister goes to

Africa, South America or other mission fields, they study the history, the language and the

culture of the people they are ministering to. The same is important when seeking to minister to

those of this nation. Historically the clashes between the immigrant culture and that of the

indigenous created such a gap that ministry is difficult to accomplish today. One way to

overcome this hurdle is to look at a brief synopsis of how these barriers rose in order to break

them down in a healing ministry.

When the two cultures first met upon the lands of the eastern United States, they learned

some sort of acceptance and understanding, yet as the immigration of Europe continued and land

became more valuable, those early relations began to fall apart. Treaties led to arguments and

territory wars which then led to a sort of war for land and dominance. That in turn led to the

forced migration westward and the battle to assimilate the First Nations people into the dominant

culture.

Pastoral ministers now have the opportunity to learn from these mistakes in the past and

move towards a common dialogue, embracing their faith and the rich spiritual heritage that calls

too many.

Retkofsky 21

The Treaty Years

As children, many people use the term “Indian Giver” to represent a person who gives

something to another and then turns around and takes it back. Many people still believe that this

term is a derogatory comment about how Indians are not honorable, but it really is the opposite.

If a person gives something (like the United States gave to the Indians in treaties) to another

person, then in a day, week or year later they take what they gave and leave the person wanting

(broken treaties, diseased food, starvation, inadequate materials for survival), then they are an

Indian giver. It is not the Indian that is in the wrong in this saying, but it is the government that

broke the treaties. During the time between 1776 and 1902 hundreds of treaties between

American Indians and the United States government outlined boarder disputes, mineral rights,

territorial rights as well as responsibilities for times of war, prisoner release and criminal

activities. These treaties represent the years of betrayal, lies and corruption that became the

foundation of the animosity between American Indians and the White government. Many

American Indians say that the treaties are not worth the paper that they are printed on because of

the double dealing and lies within lies that each of the treaties seemingly represented. The

United States worked on these treaties to give things to the American Indian nations, yet would

turn around only a couple of years later to take those provisions back, often by allowing theft and

encroachment of territories without reprisals.

Because of the sheer number of treaties, it is impossible to discuss all of them. For

instance, there were 21 treaties between the years 1785 and 1865 with the U.S. and the Cherokee,

each one chipping away at land, mineral and trade rights for the Cherokee people. The first

treaty in 1785 outlines territorial disputes, the releasing of prisoners on both sides, trade issues,

crime and punishment for civil law breaking as well as articles that deal with alerting the United

Retkofsky 22

States government of any threats against the U.S. In article four of the treaty, the territorial land

for the Cherokee is outlined clearly.

The boundary allotted to the Cherokees for their hunting grounds, between the said Indians and the citizens of the United States, within the limits of the United States of America, is, and shall be the following, viz. Beginning at the mouth of Duck river, on the Tennessee; thence running north-east to the ridge dividing the waters running into Cumberland from those running into the Tennessee; thence eastwardly along the said ridge to a north-east line to be run, which shall strike the river Cumberland forty miles above Nashville; thence along the said line to the river; thence up the said river to the ford where the Kentucky road crosses the river; thence to Campbell's line, near Cumberland gap; thence to the mouth of Claud's creek on Holstein; thence to the Chimney-top mountain; thence to Camp-creek, near the mouth of Big Limestone, on Nolichuckey; thence a southerly course six miles to a mountain; thence south to the North-Carolina line; thence to the South-Carolina Indian boundary, and along the same south-west over the top of the Oconee mountain till it shall strike Tugaloo river; thence a direct line to the top of the Currohee mountain; thence to the head of the south fork of Oconee river.18

They clearly set the boundaries for the Cherokee, yet within a year of this treaty; white settlers

were already moving into this area and claiming lands that belonged to the Cherokee people. In

article 5 of the same treaty, it states that no settlers may reside in these territories and if they do,

the Indians will have the authority to deal with said persons as they see fit. Then in the next two

articles, it states that if any person residing on Cherokee lands commits a crime, they must turn

over the land to the United States government for trial and punishment.19 This sort of double talk

led to hostility between the U.S. government and the Cherokee because if they were to deal with

the land poachers as stipulated in articles four and five, they were often outlawed and then forced

to be tried as stipulated in article 6. No matter what the Cherokee could do or did do, the

government said that they were in the wrong and that the treaty said that the United States still

had final authority.

18 Indian Affairs: Laws and Treaties. “Treaty with the Cherokee 1785.” http://digital.library.okstate.edu/kappler/Vol2/treaties/che0008.htm (accessed October 30, 2008).19 Ibid.

Retkofsky 23

While the territory issues seem to be the prevailing issues with the treaties, the

stipulations on trade and commerce actually have a more insidious plan. By taking away the

rights for the Cherokee to choose who to trade with, the U.S. government created a dependency

which eventually led to destruction. The wording of article 9 states: “For the benefit and

comfort of the Indians, and for the prevention of injuries or oppressions on the part of the

citizens or Indians, the United States in Congress assembled shall have the sole and exclusive

right of regulating the trade with the Indians, and managing all their affairs in such manner as

they think proper.”20 This wording gives an air of protection, yet in reality it says more to the

attitude that the Cherokee do not have the ability to discern what would be good or bad for their

own people. The article also forces the Cherokee to deal only with one type of person and thus

devaluing the materials that the Cherokee have to offer since they can no longer trade with

anyone but who the treaty states.

By limiting trade as well as resources by territorial boundaries, the Cherokee, fettered in a

bureaucracy that sought to control and eliminate the Indian culture, began to suffer so that the

people of North American would assimilate into their European society and forget the rich

history and culture that lived before the White Man came. While the Cherokee were only

allowed to trade with the government, the government allowed in article 10 for any persons to go

to Cherokee people to sell goods and we see once more how the double talk of the trade talks

benefit the United States rather than the Indians.

Finally the treaty ends with statements of good faith and the ability to send

representatives to Congress at any time that the Cherokee see fit as well as the animosity

between the two nations. They shall have “The hatchet shall be forever buried, and the peace

20 Ibid.

Retkofsky 24

given by the United States, and friendship re-established between the said states on the one part,

and all the Cherokees on the other shall be universal; and the contracting parties shall use their

utmost endeavors to maintain the peace given as aforesaid, and friendship re-established.”21

From this statement, we see another common saying that we have today about “burying the

hatchet.” It means trying to make peace, the treaty uses terms that seem familiar to the Cherokee

people, but since language differences and cultural attitudes between Indians and Whites is so

different, the connotations shift and we see no clear resolution to the situations that brought the

people together to make this treaty.

Six years after the signing of the treaty, once again, the United States and the Cherokee

people gathered to reformat relations as well as land disputes. The Cherokee ended up ceding

more lands to the United States, giving up more territory stolen by settlers in the past six years.

One of the positive aspects of this treaty was that in article six of the treaty it rescinds the

previous treaty’s article nine and states “It is agreed on the part of the Cherokees, that the United

States shall have the sole and exclusive right of regulating their trade.”22 Here is a concession

almost because of the ceding of lands from the Cherokee to the United States, but within the

same treaty, we see a subtle attempt at shifting Cherokee culture towards a more European

culture that begins to take hold in the United States.

That the Cherokee nation may be led to a greater degree of civilization, and to become herdsmen and cultivators, instead of remaining in a state of hunters, the United States will from time to time furnish gratuitously the said nation with useful implements of husbandry, and further to assist the said nation in so desirable a pursuit, and at the same time to establish a certain mode of communication, the United States will send such, and so many persons to reside in said nation as they may judge proper, not exceeding four in number, who shall qualify themselves to act as interpreters. These persons shall have

21 Ibid.22 Indian Affairs: Laws and Treaties. “Treaty with the Cherokee, 1791.” http://digital.library.okstate.edu/kappler/Vol2/treaties/che0029.htm (accessed October 30, 2008).

Retkofsky 25

lands assigned by the Cherokees for cultivation for themselves and their successors in office; but they shall be precluded exercising any kind of traffic.23

By saying that the Cherokee are being “led to a greater degree of civilization”, the treaty makers

are inferring that the society and culture of the Cherokee is not valid because it does not meet the

requirements of the culture and society that they brought from Europe. This devaluing of a rich

culture and attitude to force the Indian people into thinking and behaving in a like manner to the

settlers became the first wounds that would not heal between the American Indian people and the

dominant White culture. The attitude emerging in this document sends a message that the

American Indian people are not able to care for themselves, because they do not have the model

of civilization that seemed to be the norm for society at that period.

Between 1791 and the Indian Removal Act of 1830, there were 13 treaties between the

Cherokee and the United States, each one taking more and more lands and rights from the

Cherokee until there seemed to be nothing but a bare minimum left for the survival of their

society. Where the United States either took lands by force or by paying meager sums, they

limited the hunting and farming areas for the Cherokee, thus cutting off food supplies and

making the people even more dependent on the United States for sustenance. After the Indian

Removal Act, there were only five treaties between 1833 and 1865. We see that in a short

amount of time between 1791 and 1830, a mere 39 years the majority of treaties took place that

cemented the misconceptions, ideology and attitude of the Indian people in the eyes of the

United States government and that White society.

While this treaty guarantees lands for the Cherokee west of the Mississippi River, it does

not take into account that those lands were already inhabited by other nations that had lived there

for centuries. Article One of this treaty stipulates the amount of land as well as the financial

23 Ibid.

Retkofsky 26

remuneration for the lands that the United States and the state territories sought to claim as their

own. These lands were also shared by the Osage and the Choctaw, two other nations that would

be forced westward in the years to come.24

In 1833, the treaty between the Cherokee and the United States marks the turning point in

the culture for the Cherokee. Here the treaty that states that the Cherokee are now to give up all

lands east of the Mississippi and are forced to move westward that will begin one of the hardest

times in American Indian History. A time-period overlooked and seemingly forgotten by the

United States that created a bloody trail of blood and tears as not only the Cherokee people, but

also all of the Eastern Nations that resided in lands coveted by the growing United States of

America.

This history of mistrust created a large obstacle for those wishing to do ministry.

Actions, not words hold relevance. Empty treaties taught First Nations people to view paper as

something filled with lies. Because of this, the pastoral minister must prove with their actions

and deeds and not preach with words.

Dealing with the “Indian Problem”

Even with treaties in place, many of the people in the United States continued to encroach

upon American Indian lands. Because the US government did not enforce the treaties, the Indian

people used their sovereign right to remove people from their lands. This led to several wars

between the United States and different American Indian Nations. It is important to understand

that the idea of warfare from the First Nations people perspective differs greatly from the

European style of the United States.

24 Indian Affairs: Laws and Treaties. “Treaty with the Western Cherokee, 1833.” http://digital.library.okstate.edu/kappler/Vol2/treaties/che0385.htm (accessed October 30, 2008).

Retkofsky 27

Like Europeans, the eastern woodland Indians of North America engaged in near-constant fighting during the centuries prior to first contact. Native American warfare differed dramatically from European hostilities, however, in terms of its roots, aims, and nature. Old World wars of the fifteenth and sixteenth centuries such as the Spanish Reconquista or the Hapsburg-Valois Wars were costly, large-scale affairs that had religious or dynastic origins, produced comparatively high casualties, and were fought to achieve territorial or economic gains. The indigenous peoples living throughout the eastern half of North America, in contrast, engaged in low-intensity, low-casualty conflicts known as blood feuds or mourning wars. Through these wars tribes such as the Mohican, Cofitachequi, Susquehannock, Petun, Oneida, and Micmac retaliated for the deaths of relatives and clan members by taking captives or killing Indians from rival bands. Such an approach to war, not surprisingly, rarely resulted in large, bloody battles or in decisive defeats.25 (HighBeam™ Research 2010)

Warfare by definition by the First Nations people, stayed small scale and usually ended up with

marriages and alliances rather than large-scale death.26 By the turn of the 19th century, many

lands stolen by squatters and Indians sought justice by the means their culture allowed. They

would raid villages and forts to let the opposition know that they did not appreciate or condone

this sort of breach of contract.

In 1813 the Creek nation attacked Fort Mims, a small settlement in what is present day

Alabama. This attack came at the height of the Creek War between the United States and the

Creek people. The attack on this settlement seemed to be one that was completely unprovoked

as most of the people there had positive relations with the Indian peoples and many were of

mixed heritage, claiming Indian ancestry. The Red Sticks, a militant branch of the Creek Nation,

decided to attack the fort in opposition of land encroachment in the area. As a result, roughly

250 of the settlers died and 100 people were taken as slave by the Creek to be later used in their

battles against the Whites.27 After this battle, a politician and Revolutionary War veteran raised a

25 HighBeam™ Research, Inc. “Native American Warfare in the East: Mourning Wars”http://www.encyclopedia.com/doc/1G2-2536600186.html. (accessed December 30, 2010).26 These wars often were an opportunity to work through problems and grief in a manner that promoted healing, rather than mere vengeance. This concept caused a lot of strife and still does because the mindset is completely different than European styled warfare.27 Encyclopedia of Alabama. “Fort Mims Battle and Massacre.” http://www.encyclopediaofalabama.org/face/Article.jsp?id=h-1121 (accessed November 10,

Retkofsky 28

militia force to deal with the Red Sticks. That man, Andrew Jackson, began a campaign to

eradicate the Indian problem that culminated during his term as the 7th President of the United

States of America. Jackson retaliated against the Creek people by attacking the small village

called Tallussahatchee. Sending his subordinate, John Coffee, to Tallussahatchee, Jackson gave

Coffee free reign to do what was necessary to find the Red Sticks and deal with that problem.

Tallussahatchee became the retribution point that ended the Creek War. Coffee’s men held no

quarter in the attack, killing the warriors and then moving on to the women and children, even

babes in arms. “For good measure, they shot down women and babies until the ground ran

vermillion.”28 A militiaman, famous Davy Crockett commented on the massacre at

Tallussahatchee: “One of the women ‘had at least twenty balls blown through her,’ David

Crockett noted. Afterward he added, ‘we shot them like dogs.’ The avenging of Fort Mims was

crueler than the original massacre since it involved a place utterly without fortifications.”29 The

men in the attack felt no remorse for killing the entire village; instead they spent the next day

relaxing before moving onto other targets. Next on Jackson’s list was a village call Talladega.

There Jackson said “We shall repeat Tallussahatchee,”30 yet there he met with resistance from

even his own troops. Many threatened mutiny and he held them at bay saying that he would

shoot anyone that broke ranks. Finally, the leader of the Red Sticks, Bill Weatherford also

known as Red Eagle a man of mixed blood, surrendered to then General Jackson in the hopes

that there would be no more bloodshed for either people.

Jackson continued his war with the different Indian nations until his acquisition of

Florida in 1819. There he became the first Florida Governor from 1820-1821. Then he returned

2008).28 Jahoda, Gloria. The Trail of Tears. New York: Wings Books, 1975.29 Ibid.30 Ibid

Retkofsky 29

to Tennessee to renew his political ambitions. From there he was senator (1823-1825) before

running for president in 1824.31 Jackson believed that in order to get rid of the Indian problem

the United Stated would need to remove the Indians from the territories occupied by the White

settlers west of the Mississippi River.

In 1830 President Jackson introduced the Indian Removal Act (see Appendix A) into the

21st Congress. Chapter CKLVIII, statue I on May 28, 1830 brought forth the bill that would

change the lives of millions of people for the next two hundred years.

An act to provide for an exchange of lands with the Indians residing in any of the state or territories, and for their removal west of the river Mississippi.

Be it enacted by the Senate and House of Representatives of this United States of America, in Congress assembled, That it shall and may be lawful for the President of the United States to cause so much of any territory, and to which the Indian title has been extinguished, as he may judge necessary, to divide into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and removal there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other.32

The opening of the Indian Removal Act seems to be written in a jargon of confusion and

misconceptions that basically points to the power that the President alone is able to decide the

fate of all Indian people throughout the territories that the United States government claimed. In

the eight sections of the act, we see an erosion of honor and ambassadorial decorum that makes

the hundreds of treaties and councils between Whites and Indians worth no more than kindling.

Each section elaborates upon the fact that it is ultimately the President of the United States that

controls the fate of all the American Indians living east of the Mississippi River.

Sec. 2. And be it further enacted, That it shall and may be lawful for the President to exchange any or all of such districts, so to be laid off and described, with any tribe or nation of Indians now residing within the limits to any of the states or territories, and with

31 Waldman, Carl. Biographical Dictionary of American Indian History to 1900. Rev. Ed. New York: Checkmark Books, 2001.32 21st Congress. Indian Removal Act. May 28, 1830. http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=004/llsl004.db&recNum=459 (accessed November 10, 2008).

Retkofsky 30

which the United States have existing treaties, for the whole or any part or portion of the territory claimed and occupied by such tribe or nation, within the bounds of any one or more of the states or territories where the land claimed and occupied by the Indians, is owned by the United States, or the United States are bound to the state within which it lies to extinguish the Indian claim thereto.33

Once again, it is the President who is the one that gets to make the decision where the relocation

of Indians take place and seems to have little respect for the Indian people that are living in these

territories that those on the east coast will be moved to. Many of the people that were forced

ended up in territorial disputes with the original inhabitants of each district. Treaties are

mentioned, yet only with a side notice of how their importance and relevance has diminished

through time. By claiming all the land without a council between the different chiefs and leaders

of the various tribes, the Unites States took claim of lands that they had taken by force from the

indigenous peoples. Section three goes on to discuss how the lands will be dealt with for the

next generations, yet it still has a provision that the United States can still take those lands at any

point, if the president so chooses. “…Provided always, That such lands shall revert to the United

States, if the Indians become extinct, or abandon the same.”34 This sort of clause at the end of

the sections almost negates the promises made for the safety and provisions for the Indian people

after they are forced from their homes.

Section Four of the act is possibly the most insidious of them all. Within that section

congress eliminates for the Indian People the ability to improve or benefit from the lands that

they are forced upon.

…That if, upon and of the lands occupied by the Indians, and to be exchanged for, there should be such improvements as add value to the land claimed by any individual or individuals of such tribes or nations, it shall and may be lawful for the President to cause such value to be ascertained by appraisement or otherwise, and to cause such ascertained value to be paid to the person or persons rightfully claiming such improvements. And upon the payment of such valuation, the improvements so valued and paid for, shall pass

33 Ibid.34 Ibid.

Retkofsky 31

to the United States, and possession shall not be afterwards be permitted to any of the same tribe.35

The government therefore can remove Indians from the lands that they work hard at improving at

any point in time they see fit, by paying not for the whole land, but merely the improvements on

the land. Even today, if a person goes onto a reservation, they would see barely improved upon

lands. Shacks, trailers, ill made houses and sometimes no plumbing, many of the reservations

are more akin to a third world country than the heartland of the United States. Healthcare and

education suffer on the reservations with sometimes the closest hospital being at least 50 to 200

miles from the reservation. Schools, barely adequate to meet the needs of the students do their

best to educate the children, yet it is difficult especially when they may only have 200 books for

an entire library. The legacy of this section in the Indian Removal lives if not mentally in the

minds of the Indian people, it is there in the spirit of fear that they could lose even these meager

forced upon lands at any time that the government sees fit. There is no doubt that this sort of

attitude permeates Indian society today. Where the ability to improve oneself is punished, yet at

the same time the dominating culture admonished the Indians for being primitive and uncultured.

A double standard that works for the benefit of the dominant society while punishes those that

are merely seeking to retain their cultural heritage.

After the attitude in section four, section five seems to make an appearance of aid to the

Indian people, but double talk that makes assumptions and false promises fill the sections,

nothing concrete for the Indians.

Sect. 5. And be it further enacted, That upon the making of any such exchange as is contemplated by this act, it shall and may be lawful for the President to cause such aid and assistance to be furnished to the emigrants as may be necessary and proper to enable them to remove to, and settle in the country for which they may have exchanged; and

35 Ibid.

Retkofsky 32

also, to give them such aid and assistance as may be necessary for their support and substance or the first year after their removal.36

To give only one year’s assistance and that is not even an assuredly, that is merely a “may” be

happening to make sure that the Unites States world view is not looked upon as total conquerors

and slavers. By using the word emigrant, they place a misnomer upon the First Nations people,

almost as if they had a choice to move from their ancestral lands to a foreign soil that not only

belonged to others, but was of a hostile climate to the people being moved. There are no

concrete promises, yet even if there were, they would not hold water to the people because the

years of broken treaties left a stain of mistrust.

Section six seems to protect the different tribes from one another, yet in the west where

the government was sparse at best, they did little to nothing to protect the people and did not

enforce this section of the Act. “…That it shall and may be lawful for the President to cause

such tribe or nation to be protected, at their new residence, against all interruption or disturbance

from any other tribe or nation of Indians, or from any other person or persons whatever.”37

While this sounds as a provision for the Indian people, the section gave an opportunity for the

government to seize power from the people. All too often, when others encroached on Indian

lands, the President acted upon the first four sections of the Indian Removal Act and changed the

district lines of the reservations, removing the Indians from their lands and taking what

previously given to them when they were first moved from their lands. One such example of

this is the Black Hills Mountains and when gold was found in the hills and thus the Unites States

government re-allotted the lands, taking them away from the Sioux and making the lands

available for mining.

36 Ibid.37 Ibid.

Retkofsky 33

Section seven looks at how the President shall be the overseer of the First Nations people.

Sounding as if the President would be a protector, but the wording of the act implies something

more of an overlord that makes sure that they will not have their own say, but they will always

be subject to the whims of the majority government that presides across the land. Yet even in the

act, it mentions the previous treaties, almost as if they are trying to find a way to look honorable

at the same time punishing and hurting those that were residing on this land long before the

White people knew of its existence.

Finally in the last section of this act details the monies to be spent to implement this large

endeavor. “And be it further enacted, That for the purpose of giving effect to the provisions of

this act, the sum of five hundred thousand dollars is hereby appropriated, to be paid out in any

money in the treasury, not already appropriated.”38 This money, supposedly to go to the safe

removal of the First Nations people mostly went to pay the soldiers that led the marches across

the continent to their new homelands. For five hundred thousand dollars, the Unites States stole

millions of acres of land from the indigenous population, yet it was not without debate and even

turmoil within the US Congress.

One man, William Storrs, a House Representative, gave an eloquent speech about the

situation in Georgia with the Cherokee and Georgians fighting over land and the abuses of the

people harming the Indian people (see Appendix B).

I hope that I am too well aware of the responsibility of the country to the opinion of the world, and too sensible of the duties we owe these people, to improve their condition, or encouraging them to reject any propositions of the Government which may be offered to them for their free acceptance or refusal. But, sir, although the bill now before you presents nothing on its face, which, on a superficial examination, appears to be objectionable, yet we cannot shut our eyes, if we would, to the circumstances which have brought this subject before us at the present session. The papers before the House have convinced me that it is chiefly intended and expected to come in aid of the measure recently taken by the States along the southern line of the Union, for removing the Indian

38 Ibid.

Retkofsky 34

nations within their limits from the country which they now occupy; and finding a purpose so unjust to these people, and so mischievous to the reputation of the country, lurking under it, I cannot give any countenance or support.39

Mr. Storrs impassioned speech gives a voice to the voiceless in congress. His words speak not

only about the plight of the First Nations people, but also of the responsibility and foundation

that the United States supposedly based their own freedom upon. Reminding the congress of the

obligation to be honorable, Storrs continues to discuss the situations that brought about President

Jackson’s Indian Removal Act, specifically the dealings between the Territory of Georgia and

the Cherokee People. There Georgians continued to encroach on Cherokee lands and when the

Cherokee went to Washington to demand that the United States uphold the treaties previously

discussed, they were turned away. Storrs brings this to the face of the men in congress and

reminds them that they had a duty to honor these treaties. Elaborating on that discussion in this

speech, he retells how the Secretary of the Department of War, Colonel McKenney goes to the

Cherokee delegation to tell them that the treaty will not be honored. In recounting this letter and

conversation, it is impossible not to see the pain and the anger on this Representative’s thoughts

even nearly 200 years later. His words are filled with harsh statements against President Jackson

and all those that wish to do harm to the American Indian People.

When you shall have passed the bill now under consideration, which places your territory west of the Mississippi at his sole disposal, the two bills relating to the army and navy, the reciprocity act reported a few days go by one of my colleagues, and yielded up the power claimed over your treaties, this Government will scarcely be a masked monarchy,. The constitution will have become a blank paper and the first dictator may come to your table and write his decrees upon it at his pleasure. It may not become me to address an admonition to this House, and it would profit nothing from me, or any man, if history has already done it so often in vain.40

39 Library of Congress. “Removal of the Indians.” http://lcweb2.loc.gov/cgi-bin/ampage?collId=llrd&fileName=009/llrd009.db&recNum=333 (accessed November 11, 2008).40 Ibid.

Retkofsky 35

Not even 75 years prior to this statement, thirteen colonies on the eastern shores of North

America wrote “When in the Course of human events, it becomes necessary for one people to

dissolve the political bands which have connected them with another, and to assume, among the

Powers of the earth, separate and equal station to which the Laws of Nature and of Nature’s God

entitle them, a decent respect to the opinions of mankind requires that they should declare the

causes which impels them to separation.”41 These men thought that they spoke only for the

White people that were freeing themselves from British rule, yet in less than a century, these

people seeking freedom from tyranny became the tyrants, lying and cheating the indigenous

people out of lands that had been the living and resting places for thousands of years prior to the

European discovery of the Western Continents. The very next line in the declaration speaks

about equality. “We hold these truths to be self evident, that all men are created equal, that they

are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty,

and the Pursuit of Happiness.”42 Without a doubt that the American Indian people believed in

the Creator, that they are men, not an alien or lesser being, yet by 1830, this declaration and

founding principle on which the United States found its birth is tossed aside to gain power and

fortune for those that now have become the oppressor.

Mr. Storrs reminds this congress of these principles and is the advocate for the American

Indian people when their own voices and cries were silenced by a presidency that sought to

exterminate the Indian Problem based on personal bias from President Jackson. One thing that

sticks out among all of the statements that Mr. Storrs says about this Indian Removal Act is

41 Library of Congress. “Declaration of Independence.” A Century of Lawmaking. http://memory.loc.gov/cgi-bin/ampage?collId=lljc&fileName=005/lljc005.db&recNum=94 (accessed November 11, 2008).42 Ibid.

Retkofsky 36

“There can be no tyranny worse than that which refuses to be governed by its own rules.”43 This

one sentence strikes a chord that says the American Indian People are not ones to be dismissed

unilaterally, but instead no matter what time period we see in dealings with the American

Indians, there are those that were willing to stand up for the basic human rights of the individual.

Because of men like Mr. Storrs, there is the ability to seek healing and justice for all people. We

are not a people that are White against Red, we are all a hurting people because we are

uninformed of those that sought to seek justice as well as those that hide behind false pretenses

and caused the deaths of thousands, if not millions of people.

The records of Mr. Storrs speech bring an emotional appeal to those seeking to find

healing and justice for the acts that occurred following the approval of this bill. He continues to

remind his fellow senators that the American Indian people are not just a people who are in the

way of an expanding occupying nation. Instead, they are a people that could work with the

United States and that together we could have built a better nation, built upon combining

principles and ideologies. His words speak to generations of suffering people that felt that they

had no voice and went without a fight, yet there were people willing to fight and even die

alongside the American Indians because they believed in the precepts of freedom and justice for

all mankind, not just one group of people or race of people. Amidst the horror of this defeat for

the American Indians, we see a ray of hope, that perhaps someday there could be more

advocates, just as loud and just as eloquent as Mr. Storrs and through that, we have the

opportunity to grow as a whole nation on this continent. His impassioned plea strikes a chord

with many people and when reading his words you are able to understand that not everyone who

tried to lead the United States agreed with what President Jackson pushed through. We cannot

43 Library of Congress. “Removal of the Indians.” http://lcweb2.loc.gov/cgi-bin/ampage?collId=llrd&fileName=009/llrd009.db&recNum=333 (accessed November 11, 2008).

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see the US government as completely evil, yet instead view the participants by their actions so

that the focus on healing is towards the policies set forth, rather than all of the people of the

system that needs ratification.

His example helps those wanting to enter the healing ministry. This gives proof that not

all of the politicians or government officials believed in these policies and fought for the rights of

the First Nations people. Ministers then can take his words to heart, using them to mend some of

these wounds.

Forced Emigration

After the Indian Removal Act passed, it took a few years for the government to enact the

policies, finding a place to move the American Indians to as well as the logistics of said removal.

During this time the Cherokee people and the Georgians continued a bitter battle for territory and

survival. At one point the governor of Georgia passed a law that forbade any White missionaries

or people to go to the Cherokee to incite revolt or help them keep their lands. Even with this law

in place, men still went to the Cherokee People and fought for the rights of the Indians. One man

ended up imprisoned because of this law and he appealed it all the way to the Supreme Court of

the United States. In Worcester v. Georgia (Appendix C), Chief Justice Marshall delivered the

opinion of the court, siding on behalf of Worcester and the Cherokee People.

The Cherokee Nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves or in conformity with treaties and with the acts of Congress. The whole intercourse between the United States and this nation is, by our Constitution and laws, vested in the government of the United States.44

44 Wocester v. Georgia. United States Supreme Court. 6 Pet. 515 (1832). http://thorpe.ou.edu/treatises/cases/Worcester.PDF (Accessed October 15, 2008).

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Chief Marshall outlines the history of relations between Indian Nations and the European

settlers, going back to the original treaties between Great Britain and Indian Nations. He states

that they are called nations not on a whim, but in recognition of their place and their society to

the original settlers. He overturns Georgia’s sentence on Worcester and he is let out of prison,

yet this is not the victory it would seem for the Cherokee people. No action took place on the

behalf of the Cherokee to enforce this decision made by the Supreme Court, because the

administration of President Jackson refused to acknowledge this decision and continue with the

plans for Indian removal.

December 7, 1835 President Jackson addressed congress, specifically speaking about the

Indian Removal and how it must begin. “All preceding experiments for the improvement of the

Indians have failed. It seems now to be an established fact that they cannot live in contact with a

civilized community and proper.”45 He continues to speak about how “fruitless endeavors have

at length brought us to knowledge of this principle of intercommunication with them.”46 This

seems to imply that the First Nations People are not only on a sub level than the White People.

That they are unable to communicate effectively with the government and therefore must be

removed from the lands occupied by the United States to a place where they would not be able to

interact with the White settlers and people. Jackson’s prejudice seeps through his words and his

agenda becomes clear; that American Indians must be eliminated because they pose a threat to

the expansion and livelihood of the “American” people. Soon after this speech, the United States

began the removal of the Indians by force to points west of the Mississippi River.

45 PBS – The West. Indian Removal Extract from Andrew Jackson’s Annual Message to Congress. 2001. http://www.pbs.org/weta/thewest/resources/archives/two/removal.htm (accessed November 4, 2008).46 Ibid.

Retkofsky 39

There are so many accounts of actions done along the Trail of Tears, yet more than one

“trail” marks the land that the American Indians walked upon. Different nations, all pushed

westward, most often during the harsh winter months or during times where they could have

prospered by getting supplies enough to last the journey. In looking at only a couple of the

accounts from people and the trials that they endured demonstrate how this need for healing must

take place in order for all Americans, no matter their skin color, to move forward.

One of the most impressive accounts is that of the Potawatomi and Father Benjamin Petit

on the Trail of Death Indian to Kansas, September 4 – November 4, 1838.47 Father Petit was a

French lawyer who heard a talk from an American Roman Catholic Bishop, Simon Guillaume

Gabriel Brute` de Remur about the American Indians and their thirst for more “Black Robes” to

come and teach about Christianity. Upon hearing about the missions, Father Petit left his law

career and became a priest to specifically work in the Catholic Missions to the Indian People.

Once able to move again, Father Petit travelled to America and became integrated with the

Potawatomi people in Indiana. There he earned their respect and trust, becoming a part of their

culture as well as ministering to the people.48 One hundred and thirty years before Vatican II,

Father Petit exemplified the documents in treating the human person with dignity and respect.

He served the people not only as a missionary and priest, but also as a healer and medicine

person in Indian eyes. His acceptance by the Potawatomi’s is evident in the fact that they gave

him a name. In Indian culture, names are not light words or merely a means of identification.

Names are an acceptance and a mission to say, “You are one of us, you are one with us.” They

gave him the name Little Duck and so honored by that name, Father Petit named his Mission

47 Fulton Country Historical Society, Inc. Father Benjamin Petit. http://www.htctech.net/~fchs/petit.htm (accessed September 30, 2008).48 Jahoda, Gloria. Trail of Tears. 1975.

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Chichipe` Outipe`. During his time there he became known to the tribes and he started to love

them as his own family.

A part of Potawatomi culture was to understand Totentanz. As Father Petit learned of the

deep spirituality of the Indian people, he came to understand himself even better as well. A

holistic approach to life and by connection faith, he learned that to breathe was the same as

giving thanks to God. As he worked with the village, he learned a deeper faith that he could

share with others. Other missionaries came to the Potawatomi people, commenting on this faith.

But even they would have gaped at the report of one of the Sisters of Charity, who had been working with the Michigan Catholic Potawatomis: “I could not believe that such piety existed among them. On the contrary, I had always believed them to be a very barbarous people that had neither laws nor religion, but I am now convinced of their sincerity and simplicity.” For Sisters Magdalene and Lucina understood what Leopold Pokagon was helping Benjamin Petit to understand as he recalled his nation’s Totentanz: that two souls warred in every red man, and two worlds. The head of the contest either consumed him or forged him a spirit of steel.49

The spirituality and the deep devotion to the Creator, seen not only by Father Petit, but by others

that come to the village. Leopold eloquently spoke of the struggle within people, no matter his

or her skin color to do what is right or let destruction consume them. This mantra seemed to

serve Father Petit as his dealings with the Indian Agents and protestant missionaries began to

deteriorate. As the Protestants complained about Father Petit’s acceptance into the culture, the

Indian Agents also harangued Petit.

To Indiana’s Protestants, Petit’s absorption into the tribe smacked of “Catholic high treason.” An Indian agent provoked Petit into telling him that the right to preach to the Potawatomis was a right guaranteed to him by the Constitution of the United States.

“I do not know, Father, why the Indians always believe we are lying.”“That is very simple, sir. During the last few years ten or twelve men have come

who have so grossly lied to the Indians that today they naturally believe an agent is a man paid to deceive them.”50

49 Ibid.50 Ibid.

Retkofsky 41

This small interchange speaks not only of the dealing with the Potawatomis, but with all Indian

nations. The term Indian Agent is one synonymous with lying, cheating and stealing from the

American Indian People. Soon after this exchange, Father Petit knew that the people of his

village would soon be relocated because of the Indian Removal Act. He begged the Bishop to

allow him to walk with his people, to minister to them on this trek.”My Bishop could not refuse

me this without reducing these poor children to the plight of exposed infants whom Providence,

it is true, can save but who, humanly speaking, are completely destitute of aid.”51 Allowed to go

with the Potawatomis, Father Petit began the final journey of his earthly life. Even while sick

himself, he spent his time advocating for the prisoners and those being forced to march on this

road. Hundreds of the Indians were ill and dying, yet little was done to aid the people who were

suffering. Out of the 859 Indians forced on this march 42 died along the route, mostly children,

and even more died when they reached their destination where the homes promised to them were

not built.52 At the end of the journey, Father Petit himself became gravely ill, yet he served

others until he could no longer do anything else. Different accounts from people that witnessed

this forced emigration commented on the deaths of the children so callously, that you would

think they were writing a shopping list.

Wednesday 3d - Thursday 4th Oct. 9 mi., Naples, Ill.  Spent 9 hours fording Illinois River.  Able to wash clothes & make moccasins.  2 children died.

Friday 5th Oct. 12 mi., McKee's Creek.  Subsistence: beef & flour.  Had to hunt for water, found only in stagnant ponds.

Saturday 6th Oct. 18 mi., Barren encampment we named Hobson's Choice.  Beef and potatoes issued to Indians tonight.  A child died this evening.  Rain, cooler.

Sunday 7th Oct. 12 mi., Mill Creek in Illinois.  A child died.

51 Ibid.52 Fulton Country Historical Society. New Potawatomi Trail of Death Highway Signs Erected in Indiana. http://www.htctech.net/~fchs/update14.pdf (accessed September 30, 2008).

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Monday 8th - Wednesday 10th Oct. 7 mi., Quincy, Illinois.  Steam ferry across river, entered Missouri.  3 children died.  Permission granted to remain in camp each succeeding Sabbath for devotional services (note: attended Mass at St. Boniface Catholic Church in Quincy).53

Within a mere four days, seven children died along the Trail of Death. With little time to do

anything but bury the dead, the Potawatomi people became more and more demoralized, their

only succor being Father Petit and the nightly hymns and catechesis. The attitude of those

having to “escort” the Potawatomis and other Indian tribes seemed to be strained at best and

more of an inconvenience most of the time.

At the end of the journey, Father Petit became so ill that he could not continue. His frail

body no longer could withstand the rigors of the forced march and he was sent to St. Louis to

heal, yet it was there that he had his final breath. He was only 27 years old at the time of his

death on February 10, 1839. He passed away at the Jesuit Seminary at the St. Louis University,

MO. Buried in a cemetery in town, his body rested there until 1856, when the cemetery moved

to a new location, but his body instead moved back to Indiana and now rests at the Log Chapel of

Notre Dame University.54 Father Petit shines out as an advocate and a martyr that did his best to

offer what he could to a suffering people. He gave everything he had even though his health

fought against him. While many did nothing to stop the government from removing these

people, several in fact stole lands to make sure that the Indians were removed, there are those

that stand as beacons for hope that say it is possible to do something and one person can make a

difference, no matter how little they do to accomplish those goals. Taking to heart what Pope

Paul III and Pope Urban VIII and Benedict XIV decreed concerning the compassion and rights

53 Douglas, Jesse C. Jessie C Douglas’ Journal Entries on the Trail of Death. 1838. http://www.usd116.org/mfoley/trail/douglas.html (accessed November 11, 2008).54 Fulton Country Historical Society. Father Benjamin Petit. June, 30, 2008 http://www.htctech.net/~fchs/petit.htm (accessed September 30, 2008).

Retkofsky 43

of the First Nations people55, Father Petit demonstrated once again that while some chose to not

follow the compassion of God, he would stand for what he believed important. Today, every

year there are people who will walk the trail once again in memory for those that lost their lives

and speak of dedication to the people no matter what. Along the path, signs speak of what

happened along those roads, giving people the opportunity to learn from the past and remember

that sacrifices happen everywhere. In remembering these accounts, healing takes place. Thus a

pastoral minister can share and experience before they can effectively council.

While the plight of the Potawatomi is one that is not as widely spread as others on Indian

Removal, it is one of passion and of love for the person that made a difference in the lives of the

Indian people. Father Petit offers us all a lesson in working with others and how we can be

ministers to people foreign from ourselves. It is not about our differences that make us able to

minister, but to find the similarities that can help us grow stronger thus understanding the

importance of true pastoral communion. A minister must be willing to adapt to the culture,

rather than force their own views upon the lands they are ministering. Only then healing occurs.

During the time-period that the Trail of Death occurred, thousands of Cherokee people

also were being marched from their homelands along the eastern boarders of the United States.

1838 was the same year as the Cherokee Trail of Tears from the Smoky Mountains to Oklahoma but the Cherokees had more deaths. There were 15,000 Cherokees who started west but about 4,000 died. Nearly every Indian tribe suffered a forced removal, even the western Indians. The Navajo removal in 1863 was known as The Long Walk. Many euphemisms exist but the Trail of Death is the real name for the forced removal of the Potawatomi from Indiana to Kansas.56

55 All of these popes wrote about the rights of the American Indian people. They condemned slavery, injustice by official papal decree, yet many times these decrees fell upon deaf ears, and the injustices continued save for the brave souls like Father Petit.56 History of the Trail of Death. http://www.potawatomi-tda.org/ptodhist.htm (accessed November 11, 2008).

Retkofsky 44

There is no dignity of the human person; they had no rights according to the government, no

citizenship. Akin to the marches done to the Jewish people in World War II in Eastern Europe,

the United States stole property, artifacts and the livelihood of thousands of people in just a few

years time. There is little doubt as to the reasons for the pain felt even today for a people tied

closely with their ancestors. Learning about and remembering the past can help with the healing

process. These tales of hardship, death and destruction live within the hearts of most American

Indians today. Not easily forgotten, this legacy of betrayal still sits in the hearts of many people

descended from those that suffered. Hatred and animosity is still rampant within both cultures,

White and Red. Because we know of the accountings, does not mean the memories limit us.

Instead, an opportunity of discovery and of healing by understanding how people have suffered

and what we can do to repair this damage.

Extermination Policies

After the relocation and forced emigration to the “American Desert” (Oklahoma and

Nebraska), the government continued to alter treaties and shrink lands as more and more settlers

moved westward. As a result, many tribes attacked these poachers, holding true to all of the

previously signed treaties, yet those that the United States wished to forget. Each nation had

limited resources and the government subsidies were scant at best and poisonous at worst. “The

image of the Indian agent, fraudulently lining his pockets while starving Indians feasted on

diseased cattle and worm infested flour, was now firmly fixed in the public mind.”57 Life on the

57 Adams, David Wallace. Education for Extinction: American Indians and the Boarding School Experience 1875 – 1928. Lawrence, KS: University Press of Kansas, 1995.

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reservations became like death camps, filled with starving children and elders and little ability to

do anything other than accept what the United States government handed them through the

Indian Agencies on the reservations.

You have driven me from the East to this place, and I have been here two thousand years or more….My friends, if you took me away from this land it would be very hard for me. I wish to die in this land. I wish to be an old man here…I have not wished to give even a part of it to the Great Father [President of the United States]. Though he were to give me a million dollars I would not give him this land…When people want to slaughter cattle they drive them along until they get them to a corral, and then they slaughter them. So it was with us….My children have been exterminated; my brother has been killed. – Standing Bull of the Poncas.58

The attitude of the Indian was of a cornered animal, forced and driven to a desolate place that

became more of a burial ground than a reservation, a place of protection. Death from maggot

ridden foodstuffs, rotten meat and no means to get their own because of dwindling buffalo

resources and the restrictions on weapons to hunt created a hostile climate between the Indians

and the Whites.59 Different wars and skirmishes of the next thirty to fifty years made it apparent

that something else should occur to end the hostility and make the Indian people assimilate into

dominant society. Neither side could win this type of war and the blending of the two cultures

seemed impossible.

By the 1880s, the Indian people had little to hope for as they saw their numbers rapidly

decreasing. Great leaders like Sitting Bull and Crazy Horse offered a different solution to these

problems. Outspoken by the United States government opinion, these men led their people to a

new hope for survival in a land that after thousands of years of rich cultural heritage suddenly

became a land of industrialization and progress.

If a man loses anything and goes back and looks carefully for it he will find it, and that is what the Indians are doing now when they ask you to give them the things that were promised them in the past; and I do not consider that they should be treated like beasts,

58 Brown, Dee. Bury My Heart at Wounded Knee. New York: Holt Paperback, 2007.59 Ibid.

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and that is the reason I have grown up with the feelings I have….I feel that my country has gotten a bad name, and I want it to have a good name; it used to have a good name’ and I sit sometimes and wonder who is it that has given it a bad name – Takanka Yotanka (Sitting Bull).60

In looking for a purpose and meaning to these occurrences, the Indian people sought out the

prophets and wise men of the nations. It was then that the Ghost Dance came to the people.

The Ghost Dance was a religious revitalization movement among Indians after 1870, inwhich believers were assured that a day was near when Indians would be relieved oftheir oppression by the white people. It had spread among the Sioux in South Dakota.In 1890, the U.S. agent on the Sioux reservation ordered Indian police to arrest SiouxChief Sitting Bull; when he refused to cooperate, he and his son were shot dead in astruggle. The other Sioux—mostly women and children—fled in a panic into theBadlands, but severe weather and hunger soon forced them to return and surrender tosoldiers at Wounded Knee Creek, South Dakota.61

The Ghost Dance to the Indian people was not a pagan ritual meant to spread chaos or

destruction. It spoke of a means of worship to a people who, suffering under the oppression of

their victors, to express themselves and their spirituality through dance. Instead, it became a

movement that ended with the first massacre at Wounded Knee. Worship takes on many forms

and for the Indian People; the greatest form of worship is in the dance circle, where you give

yourself over to Creator body, mind, and soul. Even today the dance circle represents a

communion with God in prayer. To go in and leave all else behind and worship purely in prayer.

Yet the government did not see this as a cry out because of the deep hurting and frustration of the

Indian people caused by the cultural extermination policies.

All Indians must dance, everywhere, keep on dancing. Pretty soon in next spring Great Spirit comes. He bring back all game of every kind. The game be thick everywhere. All dead Indians come back and live again. They all be strong just like young men, be young again. Old blind India see again and get young and have fine time. When Great Spirit comes this way, then all the Indians go to mountains, high up away from whites. Whites can’t hurt Indians then. Then while Indians way up high, big flood comes like water and

60 Ibid.61 Jason, Alli. “The Ghost Dance: Indian Removal after the War” http://nchs.ss.ucla.edu/previews/NH126-preview.pdf (Accessed December 30, 2010.)

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all white people die, get drowned. After that, water go way and then nobody but Indians everywhere and game all kinds thick. Then medicine man tell Indians to send word to all Indians to keep up dancing and the good time will come. Indians who don’t dance, who don’t believe in this word, will grow little, just about a foot high, and stay that way. Some of them will be turned into wood and be burned in fire. – Wovoka, The Paiute Messiah62

This prophecy speaks not only of the deep pain of the Indian people, but also of hope, spirituality

and the deep belief that Creator, God, will come and restore the balance of what had been

destroyed in the Indian way of life. If one does not hold true to their heritage, their beliefs, they

become lost to the void and as a people, the Indian culture dies. The Ghost Dance gave the

Indians a chance to worship and pray to Creator God for deliverance, just as the Hebrew people

danced and prayed to the LORD when held captive in Egypt. Indians danced for days, not taking

anything for sustenance, seeking freedom from oppression, because they had nothing else to live

for. Their people and their culture, dying already, seemed worth the risk, yet this was not the

worst to come. After the end of the Ghost Dance at Wounded Knee where between 150 and 350

men women and children lay massacred by United States Calvary63, another option presented

itself to the powers in Washington. A means for killing the Indian and salvaging the “white” in a

person and assimilating them into dominant society as they had for the Black population and

other cultures that emigrated to the United States.

The United States therefore knew that they had to change the means of altering the

attitudes of the Indians and the best way to do that started with re-educating the children to a

European viewpoint. “Under the proper conditions, that is to say under white tutelage, Indians

too might one day become as civilized as their white brothers. Indeed, the idea of civilization

embodied within itself one of the most cherished ideas of the eighteenth and nineteenth

62 Ib Brown, Dee. Bury My Heart at Wounded Knee. New York: Holt Paperback, 2007.63 Ibid, pg 444.

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centuries, the idea of progress.”64 Civilization according to dominant culture meant a certain

way of living and need for possessions and earthly gains. These concepts though are

diametrically opposed to the Indian way of thought that in order to demonstrate true wealth, one

must show their capacity to give rather than receive. That culture, based on a deep connection

with the Creator, stands for a balance with all that before us and a means to keep the community

rather than the individual prosperous.

Richard Pratt, a retired military officer opened the first boarding school at Carlisle, PA in

1879. This school became the foundation of the boarding school experiment where the United

States sought to change the mindset and the ideologies of the Indian people to something that

would assimilate them into their culture. In a convention speech given by Pratt, he outlines the

purpose of the school and how he planned to reach those goals.

As we have taken into our national family seven millions of Negroes, and as we receive foreigners at the rate of more than five hundred thousand a year, and assimilate them, it would seem that the time may have arrived when we can very properly make at least the attempt to assimilate our two hundred and fifty thousand Indians, using this proven potent line, and see if that will not end this vexed question and remove them from public attention, where they occupy so much more space than they are entitled to either by numbers or worth. 

The school at Carlisle is an attempt on the part of the government to do this.  Carlisle has always planted treason to the tribe and loyalty to the nation at large. It has preached against colonizing Indians, and in favor of individualizing them. It has demanded for them the same multiplicity of chances which all others in the country enjoy. Carlisle fills young Indians with the spirit of loyalty to the stars and stripes, and then moves them out into our communities to show by their conduct and ability that the Indian is no different from the white or the colored, that he has the inalienable right to liberty and opportunity that the white and the negro have.  Carlisle does not dictate to him what line of life he should fill, so it is an honest one. It says to him that, if he gets his living by the sweat of his brow, and demonstrates to the nation that he is a man, he does more good for his race than hundreds of his fellows who cling to their tribal communistic surroundings. . . . 65

64 Adams, David Wallace. Education for Extinction: American Indians and the Boarding School Experience 1875 – 1928. Lawrence, KS: University Press of Kansas, 1995.65 Pratt, Richard, “Kill the Indian, Save the Man.” http://historymatters.gmu.edu/d/4929/ (accessed November 14, 2008).

Retkofsky 49

Citing the examples of assimilating all other cultures such as the Blacks into dominate society,

Pratt sets forth a plan to destroy the Indian culture completely by poisoning the children against

their families. “Carlisle has always planted treason to the tribe and loyalty to the nation at

large.”66 This statement cries out as cruelty against a people who are already wounded and dying.

To take away the hopes for future generations by trying to get them to turn against their own

people is not a spirit of acceptance or refuge that the United States supposedly had been founded

upon.

The boarding schools in theory aimed to teach Indian children language, writing skills,

industrial occupations and means of dealing with dominant white culture. These skills taken

back to the reservations would hopefully create a more “civilized” society. “The forced

separation of parents and children was traumatic for the children, and following that they were

thrown into a completely alien environment where strangers (white ones at that) stripped away

all exterior indicators of tribal identity, even to the point of changing names.”67 Arriving at the

schools with the best intentions, these children often dressed in their finest buckskin clothing,

best blankets and jewelry the children, herded to rooms where teachers stripped them of all their

possessions and given uniforms that resembled military uniforms of the time-period, began to

lose their cultural identity. Then the children went to get haircuts, a sign that long hair is

inappropriate for men and a means to control pride in the Indians. With their hair now cut short,

their clothing gone, they sat in a classroom and picked a “proper” name to use while at school.

Many did not know how to read and would just point at a name on a blackboard and therefore

66 Ibid.67 Adams, David Wallace. Education for Extinction: American Indians and the Boarding School Experience 1875 – 1928. Lawrence, KS: University Press of Kansas, 1995.

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choose a name at random to mark them as a member of the White society.68 The boarding school

then ushered the children into dormitories, giving them often other children of different nations

to speak to in a means to make sure that they did not speak their natural tongue, as all other

languages except English were forbidden. At the boarding schools, the children learned basic

crafts and farming techniques, yet many of them when they returned the reservation had no

means to continue that craft or a means of support. Lost between two worlds, these children

often had no sense of identity and became shunned or feared by their people for being too white

nor would regular society accept them because of their race.

The boarding school experience left many thousands of now adults lost in a world that

they did not understand. Because of corruption and greed, the boarding schools often had abuses

and neglect that only heightened the sense of isolationism and disparity. To be Indian, according

to the schools, meant being a savage and someone who is uncultured. Once these students

returned to their families fully indoctrinated by the schools, found only disdain for their families

and the primitive way of life that the reservations offered. They saw their own family as low and

uncivilized, yet they had no way of bridging a gap that the United States created by this

experiment of cultural annihilation. “If one has never seen a grandmother who was prohibited

from speaking her own language in a government boarding school overcome with love and joy

when a young child proudly says a few words in her own language, how can one understand the

people?”69 Despite the abuses and the successes of the boarding school experience, we see a loss

of heritage, culture and identity, yet not a complete destruction of these things. People who lose

their sense of self can never prosper. Those that do not have the basic human rights as spoke of

68 Adams, David Wallace. Education for Extinction: American Indians and the Boarding School Experience 1875 – 1928. Lawrence, KS: University Press of Kansas, 1995.

69 Mankiller, Wilma. Every day is a good day. Golden CO: Fulcrum Publishing, 2004.

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in the United States’ own Declaration of Independence creates a lie in which this government

and people have ignored and brushed aside.

These schools, which numbered roughly 153 boarding schools and 154 Day schools by

1900 speak to generations during and after as a period of shame and secrecy.70 In the short time

of the boarding school era, tens of thousands of Indian children, indoctrinated into White

Society, lost their heritage and their culture. As a result, wounded adults for the next several

generations fought for identity and acceptance into society.71 Wounded and yet still not beaten,

the Indian people strove to make sense of these injustices. “At one point some people kind of got

lost. This had to do with them going to the government boarding schools where they were taught

not to think Indian….When they came back, they were completely different people. They were no

longer Western Shoshone. They were not traditional indigenous people. They were hollow –

Mary and Carrie Dann.”72 This discussion is typical of many Indian people about the boarding

school experience. Forced into a Christian White school at roughly age six, these children spent

their childhood being indoctrinated that everything they had was wrong and that their parents,

elders and people were wrong. Even today, both cultures see the need for healing for not only

the children that became broken adults, but also their children, grandchildren and great

grandchildren that lost their identity and culture. These victims seek a culture and heritage they

do not understand; lost by decades of oppression and a war of cultural attrition. Assimilating all

people under one cultural identity, that of the Western European thought, seemed to be the true

70 Adams, David Wallace. Education for Extinction: American Indians and the Boarding School Experience 1875 – 1928. Lawrence, KS: University Press of Kansas, 1995.71 At many powwows I have talked with elders and with people who speak of how their grandparents or great grandparents lived in the boarding schools. Often they would cry because they lost so much and tell of how these parents and grandparents would even deny being of First Nations descent, the shame ran so deep.

72 Mankiller, Wilma. Every day is a good day. Golden, CO: Fulcrum Publishing, 2004.

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mission of the boarding school project. A White society where all other cultures would

assimilate into a melting pot and lose the identity previously known became the focus. Instead,

the victims of the boarding schools became more lost, resorting to alcohol, despondency and

apathy. This type of education created an entirely new set of problems with people seeking their

identities through various means of drugs, rebellion and hate groups that sought only to point

fingers and divide rather than heal. Thus, the United States gained generation of souls that did

not understand the calling of their hearts that seemed in competition with their knowledge. After

the boarding school era dwindled down, means of cultural extermination still happened. By

removing Indian children to foster homes to better care for them or other types of day schools,

we see a pattern that continued even until the 1990s about the shame in being Indian. “Until the

1960s many Native Americans were forbidden to teach their own culture and languages in

schools or hold spiritual ceremonies, and their children were forced into Christian boarding

schools, as if the separation of church and state didn’t exist.”73 Rights for Indians and their

children greatly differed in rights for all other people in the United States, even after the Civil

Rights movement. Protests occurred throughout history of the treatment and abuses that came

from the boarding schools, yet we cannot protest the past, we can only learn about it and see

what happened so that ministers have an understanding of the need to heal and the wounds that

are there that need healing.

As healers, there is a need to see the damage that ran rampant through the boarding

schools, as well as looking at those that fought for Indian rights, sought justice within the system

wherever they could and how to mend these breeches in human dignity today. Many texts detail

the experiences, traumas, successes and pains of the American Indian people with the boarding

school experience. There is no need to look closely at these instances, for the mission of the

73 Mankiller, Wilma. Every day is a good day. Golden CO: Fulcrum Publishing, 2004.

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healer and minister in relation to the dignity of the human person, is the mission of all Christians

to seek a means of healing, rather than pity, recrimination or finger pointing.

God, Who has fatherly concern for everyone, has willed that all men should constitute one family and treat one another in a spirit of brotherhood. For having been created in the image of God, Who "from one man has created the whole human race and made them live all over the face of the earth" (Acts 17:26), all men are called to one and the same goal, namely God Himself.

For this reason, love for God and neighbor is the first and greatest commandment. Sacred Scripture, however, teaches us that the love of God cannot be separated from love of neighbor: "If there is any other commandment, it is summed up in this saying: Thou shalt love thy neighbor as thyself.... Love therefore is the fulfillment of the Law" (Rom. 13:9-10; cf. 1 John 4:20). To men growing daily more dependent on one another, and to a world becoming more unified every day, this truth proves to be of paramount importance.74

If Christians, called to treat all brethren equally, see in each person the face of our Creator, how

vital it is now for us as healers to see the power and the beauty of our Lord within the culture of

the American Indian People. A deep sense of spirituality and reverence follows in the heart of

these wounded and suffering people, even after years of oppression. The massacres and failed

treaties did not smother the Indians, nor did the forced removals to distant lands foreign to their

own. Why then would this form of cultural extermination completely succeed? While thousands

became lost in a system of corruption and isolationism, today many of the descendants of these

people now actively seek their forgotten heritage, wanting to retain the old ways that once had

been lost to them.

74 Vatican II Council. Pastoral Constitution on the Church in the Modern World: Gaudium et Spes. http://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat-ii_const_19651207_gaudium-et-spes_en.html (accessed November 14, 2008)

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Part Three: The Road Less Travelled: Becoming the pastoral minister

Introduction: The calling of a healing minister

With a desire to mend the wounds of the past, the pastoral minister steps into a world of

discover and of growth. In learning about the First Nations people and working at healing, the

pastoral minister gains a knowledge to help not only the Native Americans, but also the dominate

culture within the United States. Thus, true healing can happen. Armed with compassion,

knowledge and understanding, the pastoral minister can fulfill the mission of Jesus Christ, that of

bringing knowledge of God’s saving grace to all people for all time.

One Creator

Many prophecies from the American Indian Peoples speak of times of turmoil, of

learning, searching and growth. Among the Cherokee, there were stories of the “Pale One” who

came to teach the rules of right living and how to be one with each other. These stories came

during a time of confusion and upheaval in Cherokee society.

In 873 B.C., as the people began to forget some of these wise teachings, there came again to the Smokey Mountains, the people of the Tsalagi (Cherokee), one that we call the Pale One. He was fair-skinned, born of a woman who knew no man; her grandmother dreamed of miracles to come, and they waited and saw that the granddaughter was with child, although they lived alone.75

Stories of a type of savior, a person to come, teach and bring the people back closer to God, lived

within American Indian culture. When the Europeans arrived, there was an opportunity for these

explorers and missionaries to give knowledge of faith to the indigenous people and be

75 Ywahoo, Dhyani. Voices of Our Ancestors. Boston: Shambhala, 1987, 18.

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welcomed. “The Pale One rekindled the sacred fires and reaffirmed to the people basic

principles of creation, that the temples might ever resound with the light of clear mind and the

people live in harmony with the Earth and one another.”76 The stories that the Cherokee people

hold dear are so close to our Christian Scripture, that we as Christians should understand that

there is search within the indigenous people for truth. Therefore, these people waited to have an

understanding of God that was different than their own, one that completed the basics of their

faith.

When the missionaries came to teach to the Indian people, they saw the rituals,

ceremonies and practices of the indigenous people barbaric and crude. “While the missionaries

and conquerors interpreted the native ceremonies of animism as deplorable pagan rites, the

Christian forms of worship and the stories of the Son of God initially intrigued the Native

Americans.”77 A clash of cultures and viewpoints created a rift between the Europeans and the

First Nations people that continues even to this day. Many times when a person who follows the

Red Road, that is the First Nations path of spirituality and is a Christian, they are asked, “How

can you be an Indian and a Christian? Aren’t Indians pagans?”78 Does it matter who lights

incense and who does not? Or who sings to rock music or to an organ? If worship follows what

Jesus taught us, then can we truly condemn for the variances in that worship which brings value?

In the 4th century CE the ecumenical councils came together to formulate the basis of the

Christian Faith. At the end of the Nicene-Constantinople councils, the Father of the Church

76 Ibid, 18.77 Coulter, Michael; Krason, Stephen; Myers, Richard; Varacalli, Joseph. Encyclopedia of Catholic Social Thought, Social Science, and Social Policy. Toronto: The Scarecrow Press, Inc., 741.78 I have heard this very question so many times that now I sigh softly to myself and rather than get angry or frustrated I proceed to educate on the meaning of worship.

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came up with what we know now as the Nicene Creed. Outlined in this profession of faith are

the fundamentals of the Christian ideology.

I believe in one God, the Father Almighty, Maker of heaven and earth, and of all things visible and invisible.And in one Lord Jesus Christ, the only-begotten Son of God, begotten of the Father before all worlds; God of God, Light of Light, very God of very God; begotten, not made, being of one substance with the Father, by whom all things were made.Who, for us men and for our salvation, came down from heaven, and was incarnate by the Holy Spirit of the virgin Mary, and was made man; and was crucified also for us under Pontius Pilate; He suffered and was buried; and the third day He rose again, according to the Scriptures; and ascended into heaven, and sits on the right hand of the Father; and He shall come again, with glory, to judge the quick and the dead; whose kingdom shall have no end.And I believe in the Holy Ghost, the Lord and Giver of Life; who proceeds from the Father and the Son; who with the Father and the Son together is worshipped and glorified; who spoke by the prophets.And I believe one holy catholic and apostolic Church. I acknowledge one baptism for the remission of sins; and I look for the resurrection of the dead, and the life of the world to come. Amen.79

The opening statement, “I (We) believe in one God…”80 stats that in order to be a Christian, the

first thing is to believe in one God, Creator of all that is seen and unseen, yet it does not say that

this God only believes that worship can only occur within the certain constraints of a specific

denomination or culture. The Nicene Creed is one of faith, not of cultural biasness. The

Christian faith is a set belief in the Trinity, the Death and Resurrection of our Lord Jesus Christ

and our belief in God, the Maker (Creator) of Heaven and Earth. Across the world different

cultures and people have celebrated this basic belief with music, dance, drama, incense, prayer,

silence and many other forms of worship, why then would the American Indian forms of

worship, those of drumming, song, dance, incense, prayer, vision questing used in a Christian

manner be less valid? During a pow wow, a time of gathering of First Nations people that is

open to everyone who wishes to see and learn of this diverse cultural system, people come

79 Nicene-Constantinople Council. The Nicene Creed. (c. 4th C. CE).80 Ibid.

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together in worship. Prayer is the focal point at a pow wow, the drumming and dancing, the

outlet for that prayer. A sacred fire, representing Creator God is at the center, lit continuously.

The dancers ring the prayers around the fire, dancing for themselves, for others and the whole

world. Such an introspective form of worship has no less validity than sitting in a living room

holding a prayer service.

Many forms of dance walk into the circle. Traditional dance, which is more reserved,

usually takes the place on the outer rim of the circle, protecting the dancers within. Then there

are different dances for men and women. Fancy dress for both is for the young, the grass dance

is for the men to prepare the grounds, the jingle dress dance for women is to heal, the eagle

dance for warriors are examples of dance. All of these offer distinct types of prayer and worship,

blending in a circle to show many nations going together in one place, working together in

harmony to the music.

It is not the manner of worship that is the true importance, but instead the heart and soul.

Looking at where Jesus Christ worshiped, scholars see mountaintops, beaches, cities, gardens.

Our true faith, measured in following as Jesus taught us, helps us take those lessons and apply

them to our cultural heritage. As a result, people see many forms of worship within the Christian

world. As Catholics, we hear the call to be open and listening with a whole heart. Even within

our faith, we have sacramentals, signs and symbols that point to the sacraments and a physical

expression of that faith. “Holy Mother Church has, moreover, instituted sacramentals. These are

sacred signs, which bear a resemblance to the sacraments: they signify effects, particularly of a

spiritual kind, which are obtained through the Church's intercession. By and them men are

disposed to receive the chief effect of the sacraments, and various occasions in life are rendered

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holy.”81 Sacramentals therefore can be tangible expressions of faith in our Christian walk. Some

use incense during the mass to bring us closer to God, how then is the burning of smudge (sage,

sweet grass, cedar, tobacco) to cleanse and renew the spirit of an American Indian? There is no

difference, except in the types of herbs to perform the sacramental. Like the smudge and

incense, there is liturgical dance that is a valid form of worship within Christian and Catholic

services, which are similar to the dance that American Indians perform to pray to Creator for

healing, honor and praise. So many of the sacramentals that we have within our Christian

heritage have a twin within the American Indian culture and therefore pastoral ministers should

be aware of these similarities and see the value in the worship style of people that are different

than the traditional forms of worship that is seen in dominant culture.

According to the Nicene Creed then, our Christian faith should embody everything in

every aspect of life. Christians would have to hold true to the teachings of Jesus Christ that the

scriptures teach; those of treating our neighbors as ourselves, to be with right relations with all

people and that no one is greater than any other. The Sermon on the Mount in the book of St.

Matthew outlines these basic principles, yet they also have relevance in the spirituality and the

lives of the American Indian people. “Native religion is a whole way of life, based on

everything being in relationship. The sacred rituals are to maintain harmonious balance of the

energy currents of sun, moon, Earth, the entire universe, so that the seed’s bounty can be brought

forth.”82 Spirituality is not a set form of worship, but rather a desire to know God, to live in right

relations with the teachings set forth by our Church Fathers and the scriptures so that we may

fully become servants of God. As beings created by God we have an interconnectedness with all

things on heaven and earth. Therefore, we are all related, brothers and sisters in Christ. This

81 Vatican II Council. Constitution on the Sacred Liturgy Sacrosanctum Concilium Solemnly Promulgated by his Holiness Pope Paul VI 4 December 1963.82 Ywahoo, Dhyani. Voices of Our Ancestors. Boston: Shambhala, 1987, 17.

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belief is held true today for most people and if so, then all cultures that are upon the earth have

value, as they are means to search for God.

As a part of that basic faith belief, Christians have the duty and responsibility to teach

others of our faith. Yet even though ministers have a responsibility to share and to teach, that

does not mean that they must force others to capitulate to a certain cultural belief system.

All men of every race, condition and age, since they enjoy the dignity of a human being, have an inalienable right to an education (5) that is in keeping with their ultimate goal,(6) their ability, their sex, and the culture and tradition of their country, and also in harmony with their fraternal association with other peoples in the fostering of true unity and peace on earth. For a true education aims at the formation of the human person in the pursuit of his ultimate end and of the good of the societies of which, as man, he is a member, and in whose obligations, as an adult, he will share.83

As Christians, called as ministers, healers and counselors through the explanations and revelation

of the Vatican II Council to respect the cultures and the dignity of the human person and move

past the cultural barriers to see Jesus Christ as the mission and the goal of our faith. In seeking

to provide for people, pastoral ministers indeed must learn about those they wish to serve. For in

doing so, they become truly like Jesus and his ministry, reaching out to those who had no voice,

the marginalized. Jesus did not seek to change these people to fit his concept of worshipping the

Father, but instead met them on their own grounds and sought to show them compassion and

love which in turn brought them to a relationship with God.

Before European settlers came to the North and South American continents, most of the

indigenous people lived a life that exemplified the teachings of Jesus Christ. A connection

between all of creation, respecting the bounty of God’s harvest in our lives creates importance.

It is not in one thing or another, but in all of our interactions with others. In Mark, Chapter 25,

Jesus talks about how to treat others, how to live according to God’s plan. “Amen, I say to you,

83 Vatican II Council. Declaration on Christian Education Gravissimum Educationis, 28 December 1965, 726.

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what you did not do for one of these least ones, you did not do for me” (Mark 25:45).84 Within a

tribal setting, everything is done for the greater whole. Wealth is in what you give to others, not

what you accumulate. In the book, Gospel of the Redman by Ernest and Julia Sutton, they share

many different stories, concepts and ideologies of the First Nations people and how their lives

reflect on the basic principles of Christian living and discipleship. “Tom Newcomb, my

mountain guide in 1912 and 1914, was an old scout of the Miles campaign, who lived with the

Sioux under Crazy Horse for some years in the ‘70s. He said to me once (and not only said, but

dictated for record):

“I tell you I never saw more kindness or real Christianity anywhere. The poor, the sick, the aged, the widows and the orphans were always looked after first. Whenever we moved camp, someone took care that the widows’ lodges were moved first and set up first. After every hunt, a good sized chunk of meat was dropped at each door where it was most needed. I was treated like a brother; and I tell you I have never seen any community of church people that I was as really truly Christians as that band of Indians.”85

The principles and the teachings of Jesus speak of caring for one another, not a certain level of

technology or a means of civilization. Open-minded people witnessed the deep compassion and

communal ideologies of the American Indian people. Many still strive to accomplish this style

of living even today. When a member of a village or nation hears of someone in the community

hurting or in need, they will often call other members and come to the aid of the person in

trouble.86 It is not merely about living up to a certain technological standard, but taking care of

84 The New American Bible. Mark 25:45.85 Seton, Ernest Thompson and Julia M. The Gospel of the Redman. Santa Fe, NM: Seton Village. 1963. p. 2-3.86 One winter my pipes froze for three days. I called my Clan Mother and told her what was going on. She spoke with her husband, at the time my Clan Chief, and soon they were on their way to my home with two or three others to see what they could do to fix the problem. We worked on the house, found the problem and as a community fixed the problem. They drove 30 miles to my home without a second thought and after we worked, we sat around and shared a meal, enjoying each other’s company.

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one another on a personal level that marks a person as Christian. Yet this lesson is one that we

still struggle with and during Vatican II these very same principles were addressed so that we

may come to understand the importance of culture and how people seek God and the

understanding of Jesus Christ even when they have no knowledge or understanding of

Christianity. Just as scholars see in the scriptures, God has many names, Jesus has many titles;

each one speaking to people and how they can relate to the Creator. How different is that then

when we look at these titles and see the ones given by American Indians in the context of which

they understand as a Great Spirit or some of His other titles seen in American Indian culture.

Everyone can learn the beauty of Christ through the different cultures and see how deep

spirituality brings us together to feel the power of God. Whether dancing in a circle praying or

kneeling at a pew, people are communicating with our Creator on a deep and personal level and

that is the value of our Christianity. All seek to come to know Jesus Christ in a personal manner

and therefore become closer to God through His Son.

The Good Red Road

Moving beyond the past, First Nations people and the white culture can see the attempts

at opening a dialogue to understand the differences in culture and come to an understanding, if

not hopefully a consensus on how spirituality and faith come in many forms. In 1978 the US

congress passed the first American Indian Religious Freedom Act (Public Law 95-341 – Aug 11,

1978). In that law, they state discuss the history of inequality when it came to practicing the

Native American religions (See Appendix D). A part of that law stated how, for the first time in

United States history, Native Americans could practice their religion without impediment from

the government.

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Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled. That henceforth it shall be the policy of the United States to protect and preserve For American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.87

Yet even though this law passed, there were still loopholes and obstructions to the rights of

Native tribes from protecting sacred rites as well as lands. Acknowledging that indeed a

discrepancy in religious beliefs between the different cultures in America existed began a

process in which reconciliation between the US government and the Native peoples. But while

this was a step forward in healing, obstacle still interfered. In 1988 a petition (485 U.S. 439) to

the Supreme Court to stop a company (Lyng vs. Northwest Indian Cemetery Association) from

building a road through lands and logging held sacred by the Native population in Chimney

Rock. The Supreme Court decided on the side of the contracting company, allowing the roads to

be built. This issue is only one that gave cause for Congress to revisit the simple act of 1978 and

redefine the act, which they did in 1993. The first act only had a page and a half of

documentation, which led to loopholes and inconsistencies that allowed for people to still treat

sacred lands and the people who held them unfairly. Senate bill 1021 during the 103rd Congress

became known as the American Indian Religious Freedom Act of 1994. In this act, they clearly

define what it is to be Native American, what a Native American tribe is, as well as a Native

American Practitioner (a person who practices the Native American religions). In the revised

Act, congress addresses the discrimination against Native American religion that still seemed

prevalent. “the holding in the case of Lyng v. Northwest Indian Cemetery Association creates a

chilling and discriminatory effect on the free exercise of Native American religions;”88

87 95th Congress. Public Law 95-341. August 11, 1978.88 103rd Congress. American Indian Religious Freedom Act Amendments of 1994. May 25, 1993.

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Recognizing the injustice, the US Congress sought to make amends and heal some of the

wounds left from the years of oppression. This new Act thus forces the government to not only

acknowledge the religious efforts of Native people, but also bring the practices on equal footing

of other cultural peoples in the United States. Now the government must consult with the Native

peoples to see if plans will interfere or harm sacred sites as well as allow for prisoners and

military people to practice their religion without discrimination. While this Act does not fully

heal the situations, it demonstrates a willingness to see the errors of the past and thus open the

door for true healing to begin.

Even though this process of healing has started, people still see a haunting of past issues

occurring with the First Nations people. We have, as ministers, a need to approach the idea of

healing ministry in such a manner that the indigenous people understand and accept. Words

alone have no weight or bearing upon ministry, but it is action, acceptance and love that

Christians should embody that can reach those that have wounds and scars from these past

transgressions. The healing is for both parties injured in this history. Terrors of the past,

misinformation and stereotypes need to be altered and fixed so that harmony replaces the fear

that many people have regarding Native American culture.89

Christ’s call to us as he walked among us was to listen and to live as he lived. The

greatest commandment that Jesus gave us was to love. “37And He said to him, “‘YOU SHALL

LOVE THE LORD YOUR GOD WITH ALL YOUR HEART, AND WITH ALL YOUR SOUL,

AND WITH ALL YOUR MIND.'  38"This is the great and foremost commandment.  39"The

89 I was going to Thanksgiving dinner with a friend of mine to her mother’s home. As we drove down, she told me to not tell her mother I was Native American. She said that her mother thought all Indians were out to get white people and scalp them. Her mother, in her 80s, still believed that being an Indian meant dressing up in buckskins and ravaging the countryside. This brought to my attention the harm that media has done to make Native American people appear as evil or demonic creatures and the need to mend these misconceptions.

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second is like it, 'YOU SHALL LOVE YOUR NEIGHBOR AS YOURSELF.'  40"On these two

commandments depend the whole Law and the Prophets."90 The greatest commandment Jesus

taught us, centered upon love, brings us closer to God. To love and with love is acceptance,

ministers should see the value of the diversity of our brothers and sisters, rather than condemn

what is new and unknown. Love becomes the ultimate calling of the believer. As St. Paul

describes to us in 1 Corinthians, “4Love is patient, love is kind and is not jealous; love does not

brag and is not arrogant, 5does not act unbecomingly; it does not seek its own, is not provoked,

does not take into account a wrong suffered,  6does not rejoice in unrighteousness, but rejoices

with the truth;  7bears all things, believes all things, hopes all things, endures all things.”91 If love

is all these things and Jesus called his followers to love, then as ministers, they need to see the

value, the dignity and the importance to all people and see Jesus Christ in each person. Since

Jesus lives in each of these people, it behooves the minister/healer to treat them accordingly.

They should seek to minister on a level that uplifts rather than destroys that dignity. It is more

than love that calls Christians to treat all people with dignity, because everyone belongs to the

People of God, one people with the Creator. Healers seek to break down barriers previous

erected to separate us from one another and from God. That no matter what nationality or

cultural background defines ones beliefs, all are together in Jesus Christ who came for all people

and all times.92 As People of God, Christians must work together to uplift and treasure one

another, rather than do things that will destroy us either physically, spiritually or mentally.93

90 Biblegateway.com New American Version. http://www.biblegateway.com/passage/?search=Matthew%2022:37-40%20;&version=49; (accessed December 16, 2008).91 Ibid., http://www.biblegateway.com/passage/?search=1%20Corinthians%2013;&version=49; (accessed December 16, 2008).92 Biblegateway.com NASB. Acts 10:34-48, 11:1-18, 15:9-12.93 My grandmother, a Cherokee woman and devout Christian, demonstrated daily through her life this love. She gave without ceasing, sought to bring joy to others and taught me that in order to be a worthwhile person, and Christians must love without condition. Never sitting me down at the table and talking to me about how to treat others, she would take me with her when she went

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As previously discussed, the fundamental issue with American Indian ministry is the

dignity of the human person. The reason for this is that dignity has oftentimes been lost through

the abuse and harm done to the American Indian people. Generations of cultural annihilation has

left a raw and open wound among these people and many are not willing or able to move on

because the experiences of ministers has left such a negative impact that many are incapable of

truly listening. Therefore, we ministers need to remember and keep the declarations of the

Vatican Council in mind when discussing ministry with the American Indian people. While

many American Indians are Christians and even Catholic, there are still quite a few that refuse to

believe that the Jesus and God preached about by ignorant people is worthy of worship and seek

to find God in other matters. Instead, the approach should be one of respect of the traditions and

culture of the different First Nations people. Hence, ministers need to remember Nostra Aetate

and the approach to those that are not of the Faith. “The Catholic Church rejects nothing of what

is true and holy in these religions. It has a high regard for the manner of life and conduct, the

precepts and doctrines which, although differing in many ways from its own teaching,

nevertheless often reflect a ray of that truth which enlightens all men and women.”94 Ministry

should occur in a manner that respects not only the culture, but also the religious rights of the

person so that we minister to the person, not the ideology. Healing and helping becomes the

throughout the community, bringing food to others, clothes or presents to people who had nothing, even though she never could be considered as “wealthy.” Their house, a run down building with sagging floors and a non-working toilet could have used extra money for repairs, but instead she took her money to buy food for people without any. She never spoke of being Cherokee, making me swear to never tell anyone, but she truly lived a life that blended both her heritage and her love of God. A devoted wife, mother, grandmother, her actions exemplified Jesus’ teachings and I learned that following God is more than going to church on Sunday and singing songs or learning scripture, but instead it meant living a certain lifestyle that brought joy to others rather than hardship.

94 Vatican II Council. “Nostra Aetate.” The Basic Sixteen Vatican Council II Constitutions Decrees Declarations. Austin lannery, O.P., Ed. Northport, NY: Costello Publishing Co. 1996.

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focus of ministry and in order to heal both the American Indian and those that settled upon these

lands, that ministry not only should represent the ever loving presence of God, but also the

willing heart to learn new ways of worship. Since we know that we need to respect the dignity

of the person and their culture, we therefore can move towards the healing process thus mending

the broken stones upon the path of ministry. In searching for forgiveness we find healing and as

both sides seek to understand the extreme cultural differences, those that seek to be ministers

need to understand the past, but not let that past rule decisions.

In moving past the pain to find healing and ministry, Pope John Paul II in his speech to

the American Indian people in 1987 gives us a wellspring in which we can drink and learn from.

He speaks not only of the wrongs that had been done, but also of those that sought to fight for the

rights of the indigenous people and even gave their lives in order to rectify the injustice that they

saw. “At the same time, in order to be objective, history must record the deeply positive aspects

of your people’s encounter with the culture that came from Europe. Among these positive

aspects I wish to recall the work of the many missionaries who strenuously defended the rights of

the original inhabitants of this land.”95 This reminds us that nothing is ever absolute. While

great injustices happened, there were also people sacrificing and advocating for the rights and the

freedoms of the American Indians. Pope John Paul II acknowledges both the good and the bad,

not hiding from these wounds that had developed, but he also does not dwell upon them and

instead calls us to work towards healing and reconciliation with one another in order to heal.

Looking beyond the past and the here and now, he looks towards the future and that we are

called to something greater and in that he reminds us that we are all one family, called together

95 Pope John Paul II. “Meeting with the Native Peoples of the Americas Address of His Holiness John Paul II.” http://www.vatican.va/holy_father/john_paul_ii/speeches/1987/september/documents/hf_jp-ii_spe_19870914_amerindi-phoenix_en.html (accessed October 29, 2008).

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by Christ. Because of this unity, Pope John Paul II stresses that American Indians must not set

aside their culture and their rich heritage to embrace the European mindset. “I encourage you as

native people belonging to the different tribes and nations in the East, South, West, and North, to

preserve and keep alive your cultures, your languages, the values and customs which have

served you well in the past and which provide a solid foundation for the future.”96 This reaffirms

the Acts of the Apostles where we are reminded that the Holy Spirit speaks to many nations, yet

all people are still one People of God.

Now there were devout Jews from every nation under heaven living in Jerusalem. 6And at this sound the crowd gathered and was bewildered, because each one heard them speaking in the native language of each. 7Amazed and astonished, they asked, ‘Are not all these who are speaking Galileans? 8And how is it that we hear, each of us, in our own native language? 9Parthians, Medes, Elamites, and residents of Mesopotamia, Judea and Cappadocia, Pontus and Asia, 10Phrygia and Pamphylia, Egypt and the parts of Libya belonging to Cyrene, and visitors from Rome, both Jews and proselytes, 11Cretans and Arabs—in our own languages we hear them speaking about God’s deeds of power.97

As People of God, we are given opportunities to enrich our lives through forms of worship that

challenge and comfort us. Even the first believers worked against cultural norms, seeking to find

a means to communicate God’s power and through the Holy Spirit they reached the hearts of

those listening. Pastoral ministers also become counter cultural, going against the norms and

seeking to bring healing and peace to others.

The olive branch now extended offers an opportunity. In a right frame of purpose,

ministers can hold that branch and bring healing. The charge that Pope John Paul II has left is

for us as ministers to listen to the culture and the wisdom of the American Indian people. In this

culture, many may find a deeper relationship with Jesus. A very deeply spiritual people, the

American Indian cultures offer an opportunity to ministers to move beyond their comfort zones

96 Ibid.97 Oremus Bible. Acts of the Apostles 2:5 – 11. http://bible.oremus.org/ Accessed January 21, 2011.

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to embrace Jesus and God in a unique manner. “Here I wish to urge the local Churches to be

truly ‘catholic’ in their outreach to native peoples, and to show respect and honor for their

culture and all their worthy traditions.”98 Too often the culture of the American Indian people

has been misused or misunderstood so that true ministry has not been able to occur. The manner

of worship as in the dances, prayers and sweat lodges are some examples, yet we have to have

the discernment and the compassion to see the truth and beauty of the culture and the spirituality

so that we can let Jesus shine through to us. The key word that Pope John Paul II alludes to in

this is respect. We must have respect, because with respect comes understanding and a right

relationship with God. He challenges to look beyond these, to look at the real injustices, the real

biases and thus move past towards healing for all people. With his compassion and his great

understanding of a wounded people, Pope John Paul becomes an example for all Christians,

Catholic and Protestant alike, to help learn from as well as demonstrate love in all of its forms

these rich and well defined cultures.99 Healers, ministers, people of God who wish to serve only

need to allow the Holy Spirit action and to come with an open heart and mind to the table when it

comes to ministry. Understanding the world in which a minister wishes to serve leads to respect,

honor, and open dialogue.

Now that Christians know that the calling to understand and a welcome these cultures,

they need to also understand the roles of pastoral ministers and what they can do to promote

healing. “We must do everything possible to make all persons aware of their right to culture and

their duty to develop themselves culturally and to help their fellows.”100 Diverse cultural

98 Pope John Paul II. “Meeting with the Native Peoples of the Americas Address of His Holiness John Paul II.” http://www.vatican.va/holy_father/john_paul_ii/speeches/1987/september/documents/hf_jp-ii_spe_19870914_amerindi-phoenix_en.html (accessed October 29, 2008).99 Ibid.100 Vatican II Council. “Gaudium Et Spes.” The Vatican Collection: Vatican Council II Volume I. Austin Flannery, Gen. Ed. Northport, NY: Costello Publishing Co. 2004. p. 965.

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experiences help us to understand people and thus be able to minister on a personal as well as

professional level. The Vatican II documents taught that it is not one culture that brings us closer

to Jesus, but it is through understanding and valuing all cultures and how they come to Christ

individually as well as a People.

In order to find means of healing, ministers must first have a basic concept of the

fundamental values in the American Indian cultures. In the textbook Counseling the Culturally

Diverse by Derald Wing and David Sue, they look at the history and the means in which it is best

to counsel American Indians by looking at the culture and how to work within that culture to

bring understanding. Ministers cannot force people to adapt their ways to those that are seeking

healing, instead they must meet these people on their own hunting grounds so to speak and

demonstrate that willingness to learn and adapt to reach their people. Only then will people find

acceptance as pastoral ministers within the American Indian people.101 Of these values that they

speak of, the first listed is the concept of sharing. “Among Indians, honor and respect are gained

by sharing and giving, while in the dominant culture, status is gained by the accumulation of

material goods.”102 Out of all of the values that the text discusses, this one underlines the

fundamental foundation of the American Indian culture and why in the past the issues and

miscommunications of the first settlers damaged relations. Today though, if people truly

understand the need to heal and the concept of sharing, they can see the beauty in the self giving

attitude and how that truly represents what Jesus taught the disciples. That it is much better to

give than to receive.103 For when one gives they are blessed. The accumulation of wealth is not

a priority, the priority is in the relationship with one another and how all can grow as a people

101 Sue, Derald Wing and David. Counseling the Culturally Divers: Theory and Practice. 4th ed. p. 315.102 Ibid, p. 315.103 Biblegateway.com NASB. Acts 20:35.

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together. When an important event occurs, often a family or person will have a ceremony called

a “Giveaway.” This is practice where the person gives items to others instead of getting them.

When you have a wedding, the bride and groom give to the guests. The ceremony is held with

reverence and it is an insult to not take something they are offering. With such concepts as this

in mind, the pastoral minister can use this to take time to enjoy the moments and work towards

being still in the moment so that ministry can happen without words or deeds, but by simply

being there as a friend and a listener if needed. The next two on their list of core values follows

this basic principle of respect and giving. They are “cooperation” and “noninterference.” These

two ideas are to work together and promote the whole and respect the rights of each other.

While American Indians are there or one another and work together, they also respect and will

not openly interfere with a situation unless asked.104 One of the examples that the authors use to

understand these concepts is that of how an Indian may skip a meeting or appointment if

someone in the family or village needs assistance. Helping others is more important than helping

oneself. Because of this selfless attitude, people may get the wrong impression about the

American Indian culture.

Another important thing to remember is that people need to remember that in different

cultures, time and attitude hold different meanings and relevance. This leads to the next concept

of time and how time is dealt with. In the American Indian culture, there are many sayings

“Indian Time” being one of the most laughed about. Indian Time refers to any time during that

day. If there is a scheduled appointment and they say they will be there, it could very well mean

any time before that day is out. Usually because of something comes up, ie. A person arrives at

the door as they are leaving, then time will shift and be dealt with accordingly. This is a

104 Sue, Derald Wing and David. Counseling the Culturally Divers: Theory and Practice. 4th ed. p. 315.

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challenge for pastoral ministers because if they are to work in the American Indian ministry field

they will have to let go of these concepts of time and learn to be flexible and adaptable.

Therefore to understand the concept of “Indian Time” the minister would have to adapt and not

become frustrated or upset when an appointment does not arrive on time.

The last two core values are spirituality and non-verbal communication. These two are

really important to the pastoral minister. They speak of healing and of how to heal. As

discussed earlier, healing is mind, body and spirit. This has been and continues to be an

American Indian concept which should be taken into consideration with any type of ministry.105

Ministry happens everywhere in the Native American culture. At powwows, in the homes, at

gatherings, all of these places are opportunities.106 These values are the heart of American Indian

ministry and if the pastoral minister learns to use these values in their ministry, they will be able

to reach people through their actions rather than a sort of evangelization. What is needed in the

American Indian community is not preaching of the gospel, but rather an open mind that

welcomes learning. Then the minister can embrace the culture and demonstrate though actions

the love of Jesus. Ministers need to affirm the American Indian communities and acknowledge

there is a call for a resurgence of values, spirituality and culture. In the past words from well

meaning people only caused greater hardship. It is the actions and respect of the minister that

matters. When a minister can demonstrate a willingness to learn and become a part of the culture,

they will discover welcome arms and the blessings of healing and evangelization, with the heart

and soul rather than the mouth. “We are reclaiming our heritage – our spirituality, our language,

our dances, our chants, our values, our knowledge of the ocean, and our traditional way of doing

105 Ibid, p. 315-316.106 During a pow wow people will just talk with one another. Often not about the topic that is bothering them, but simple conversation about how to come up with a new way of gathering, a new style of clothing, a new bead pattern will create a sense of community that will affirm to the person hurting that they are not alone and that alone can strengthen during a counseling session.

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things.”107 In this time of American Indian cultural reawakening ministers have an opportunity to

learn and to heal as pastoral ministers. Pastoral ministers need to be aware of the importance of

revitalizing the American Indian culture and as such adapt to the needs of the people that are

searching for identity and a sense of history and belonging.

One of the most important things to note here is that in the American Indian community,

sometimes they will refer to a minister as a medicine person. A medicine person is many things

in the community; a counselor, an herbalist, a mediator, a person that performs ceremonies, a

teacher, a guide, among many other duties. Not all healers become medicine people. This does

not mean that they have to do make herbal remedies or other such activities, but it does mean

that they heed a calling to help others and be a witness in a very personal sense. It takes a great

deal of time and effort to walk a medicine path. Only when others acknowledge a person as

such may they claim that. Ministers will find an opportunity to learn from medicine people

when they demonstrate a pure heart. The medicine person will not say “I am a medicine person,

listen to me now.” Instead, an elder will more than likely approach you and sit by you. They

may talk about lighthearted things or discuss the dancing or other things around, but they are

really offering an opportunity for the minister to learn and to become a part of the community.

Medicine people do not wear a badge to announce to the world who they are. As with all titles

and positions, the person does not advertise, but allows the actions, not the words speak.108

Because of this belief in not stating your titles, it is important for the pastoral minister to refrain

from saying “I am a minster sent…” this is associated with pride and haughtiness, which will

107 Mankiller, Wilma. Every day is a good day. Golden CO: Fulcrum Publishing, 2004. p. 163.108 It is important to note that not all medicine people are out to help others. There are people who will seek to do harm to people and cause trouble. Sometimes this is hard to see, but if the minister is able to discern with their heart the truth of words, they should be able to recognize these people and be careful of situations that could cause harm.

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close doors in most Native Communities. The best way to advertise the pastoral mission is to

live as an example of Jesus Christ.

Opportunities for ministry and for healing are present in the day to day activities within

the American Indian culture. Rather than using formalized means of ministry, the Native

Minister needs to see what it means for the American Indian to worship and be close to God.

“The Redman’s religion is not a matter of certain days and set observances, but is a part of every

thought of his daily life.”109 Understanding this concept leads to a means of healing and ministry

that is greatly unexplored in traditional missionary practices. Pastoral ministers that are willing

to work in such a different atmosphere will have a unique experience when doing ministry in this

manner. Lending a hand in fixing a car, driving someone to an appointment, cleaning a house or

making repairs are all opportunities for ministry and for healing. In doing these sorts of

activities, demonstrates a respect for life, for the community and a willingness to become a part

of the group. As a village or a group gets to know the pastoral minister, they see to the heart of

that person, whether it be for good or for ill. If they see that the person has a good heart, they are

welcomed within the group structure and that leads to more opportunities for ministry. Soon, if

they are ready, the people will start coming to the minister for small “discussions” which are

usually about issues that the people are struggling with or people will just start hanging around or

close to the minister because it “feels right” for them to be near that person.110

Not only are the day to day activities opportunities for ministry, but so are the ceremonies

and gatherings (pow wows, etc) a chance to be in the community, participating in the culture and

109 Seton, Ernest Thompson and Julia M. The Gospel of the Redman. Santa Fe, NM: Seton Village. 1963. p. 5.110 I have had people come up to tell me about how others have said that they felt better sitting by me at a pow wow and other instances like this. It is important to understand that much is done without words in the American Indian Community at times. One instance is where Jessie Ann McCauley informed me of what another lady said about me after I had left a meeting in September, 2008.

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being present and available to the community. One of the best ceremonies for healing is in the

sweat lodge. Even in modern psychotherapy people see the value of multicultural practices in

healing and have used the sweat lodge to bring healing for people. “The sweat lodge is seen as

an opportunity for spiritual and physical healing. Generally, among Native American cultures

throughout North and South America, fire and water or a combination of both are sued for

purification. Furthermore, an element of sacrifice is incorporated into the ceremony.”111 The

sweat lodge is a ceremony and a tool for many kinds of healing. Used in preparation for major

ceremonies such as vision quests, namings, marriage, and mourning a loved one as well as

ceremonies for purification and reflection / prayer, the sweat becomes a very important resource

to use in ministry. Being open to the different cultural ceremonies and non-judgmental about

these practices will aid the pastoral minister in his or her work within the American Indian

community. “Traditional healing methods provide a basis for the construction of cultural

identity and support social cohesion. The sweat lodge helps provide meaning to experience,

promotes self-esteem, and promotes solidarity in the group.”112 Many times it is the ceremonies

and the little things that afford the opportunity to do ministry. An example of ministry would be

that the minister goes into a shopping booth to look at the wares of a vendor at a powwow. They

felt drawn to that particular place, not because of the contents, but they were open enough to the

Holy Spirit to bring them to that place. In coming to the booth they strike up a conversation with

the owner and notice that perhaps the owner seems sad or upset. Rather than say “What is

bothering, can I help?” the minister could talk about something they admired in the booth, ask if

the person made it and learn more about their work and their art. Through the conversation, if

111 Smith, David Paul. "The Sweat Lodge as Psychotherapy." In Integrating Traditional Healing Practices Into Counseling and Psychotherapy, by ed. Roy Moodley, 196-209. Thousand Oaks, CA: Sage Publications, 2005. p. 198.

112 Ibid, p. 206

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the person began to feel comfortable, they might open up and then invite the minister to sit and

talk. The minister becomes a listener. Nothing more. Through the act of listening, the person

discusses what is truly upsetting and when the time is right the minister can offer encouraging

words or just a smile. Of course the minister should not be in a hurry because they could be

there for a few hours. If they begin to look apprehensive or conscious of time, then the

opportunity for ministry could be lost.

As discussed earlier in the Vatican II documents, there are many ways culturally to come

to know Jesus Christ and walk closer to God. In American Indian ministry, a great gift to come

to know God in such a subtle and spiritual manner opens up to the minister who sees the witness

and thankfulness in the day to day things that sometimes people take for granted. Healing is

done through actions more than words and pastoral ministers are able to live their faith in a

practical and enlightening manner.

How can we become pastoral ministers?

People should not ignore or forget the past, yet they should use it as a tool in which to

learn and are able to grow. Previous attempts at understanding the American Indian culture and

spirituality have fallen short. Christians now have a greater understanding of ministry and love

so that now through our actions ministers can move forward to heal the wounds of the past and

hopefully build bridges and communities that lift up the cultural differences and see the value of

God through this diversity. In learning the value of the culture, any minister, no matter their

ancestry can find a rewarding and fulfilling ministry within the Native American people. Blood

quantum is not the defining factor, but as discussed earlier, it is the heart and soul. An elder may

say “You are an Indian” and while you may say “No, I don’t have any Native blood.” They are

really saying, “You have the heart of our ways. We see that value and you are one of us.” It is

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important to recognize this as it will create a better opportunity for ministry. American Indian

ministry is one that is challenging, yet rewarding if the person is open to change and is able to

adapt to the culture of the various American Indian nations. By opening up to new experiences

and seeing the power of Jesus Christ and God within these experiences, those that seek to

participate in this healing ministry are able to come to harmony with differing cultures. There is

such a rich spirituality within the American Indian people that waits for those who wish to learn

from this culture on a personal way to be closer to God. Many who have lived with and worked

within these communities have stated how much they have learned about their own spirituality

because of what they have seen in the American Indian communities.113

If we truly live the gospels and promote the teachings of the Church that tell us to be

respectful of diverse cultures, then some of the wounds done in the past will finally be able to

close and be healed. This is not an easy task, for with so much pain; we see anger, mistrust,

113 At one powwow, a friend of mine who is a dancer, Eagle Wolf, hurt himself. A veteran who had been injured, he did not let his injury stop him from worship in the circle as a dancer. I noticed though that after a dance he was in great pain. Stepping out of my booth where I offered shade, massages and beading lessons, I looked at him, smiled and nodded my head towards my booth. Earlier his wife had come to me asking to help him. As he was a clan brother, I could be slightly more assertive and ask him to come. He sat down and I could see that he was struggling, yet all I did was tell him to lie down on the massage table. Complying, I began to work on his legs and back, being careful to avoid the worst portion of his injury. While I worked on him, I began to sing softly. The song became a prayer and his wife and other members of his village came to the booth. As I worked and sang, they chatted and supported him. After about 30 minutes, I stopped working on him and we let him lay there, half asleep. When we were all done, he sat up and simply said, “I felt as if everything, the good and the bad had been washed and stripped from me, then by the time you were done, only the good was there. Thank you so much sister.” This affirmation alone let me know that I had done ministry and that God worked. I became blessed and felt renewed in the Spirit because of the experience. Ministry happened without words, without discussion, but only with prayer, love and acceptance.

In return for the help I gave Eagle Wolf, he brought me a gift and set it down at my booth, which I found later that evening. His family came to me often after that and soon I had new friends that shared with me and also reminded me, that I should not do too much for others. They decided to take care of me as I had taken care of them, which only led to further blessings that still occur today.

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hatred, and sorrow within the eyes and hearts of a people who have suffered much. There is no

easy way to mend these wounds, yet there is hope through understanding and acceptance. The

ability to learn from others and grow in wisdom is a great gift.

Wisdom is radiant and unfailing;and she is easily discerned by those who love her,and is found by those who seek her.She hastens to make herself known to those who desire her.One who rises early to seek her will have no difficulty,for she will be found sitting at the gate.114

If ministers but listen to the calling of their hearts, they will be able to feel the presence of the

Lord in our midst. The road to healing is one that is but beginning and those that are to walk

upon this path will struggle, yet the rewards will be worth the suffering that comes with healing.

It is a road for all people to walk upon. The Red Road is a path towards healing, which any

person regardless of their nationality can step upon and seek to understand the mission of God

within a rich cultural spirituality.

4The God who made the world and everything in it, he who is Lord of heaven and earth, does not live in shrines made by human hands, 25nor is he served by human hands, as though he needed anything, since he himself gives to all mortals life and breath and all things. 26From one ancestor* he made all nations to inhabit the whole earth, and he allotted the times of their existence and the boundaries of the places where they would live, 27so that they would search for God* and perhaps grope for him and find him—though indeed he is not far from each one of us. 28For “In him we live and move and have our being”; as even some of your own poets have said,“For we too are his offspring.”115

All people are God’s offspring. He created all people, all nations and as Christians and

ministers, all seek to learn and know God. The past mistakes demonstrate a need for healing.

The calling upon the heart of the pastoral minister is to be the vessel of healing through God’s

abundant love to reach out to all people and create a future that fulfills all of God’s promises and

114 Holy Bible, NRSV. Wisdom 6:12-14.115 Holy Bible, NRSV Acts 17:24-28.

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wishes for His people. The way of the healing ministry not only helps mend these broken

wounds for both sides of history, but to allow a building of a more powerful spirituality.

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Brown, Dee. Bury my heart at wounded knee. New York: Holt Paperbacks, 2007.

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Appendixes

Appendix A – The Indian Removal Act of 1830

Appendix B – Senate Discussion on the Indian Removal Act of 1830

Appendix C – Worcester vs. Georgia 6 Pet. 515 (1832) Supreme Court Ruling

Appendix D – Freedom of Religion Act of 1978

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Appendix A: The Indian Removal Act of 1830

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Appendix B: Removal of the Indians Debate

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Appendix C: Worcester v. Georgia 6 Pet. 515 (1832) Supreme Court

WORCESTER V. GEORGIA

6 Pet. 515 (1832)*Mr. Chief Justice MARSHALL delivered the opinion of the Court.

      This cause, in every point of view in which it can be placed, is of the deepest interest.

      The defendant is a state, a member of the union, which has exercised the powers of government over a people who deny its jurisdiction, and are under the protection of the United States.

      The plaintiff is a citizen of the state of Vermont, condemned to hard labour for four years in the penitentiary of Georgia; under colour of an act which he alleges to be repugnant to the constitution, laws, and treaties of the United States.

      The legislative power of a state, the controlling power of the constitution and laws of the United States, the rights, if they have any, the political existence of a once numerous and powerful people, the personal liberty of a citizen, are all involved in the subject now to be considered...

... The indictment and plea in this case draw in question, we think, the validity of the treaties made by the United States with the Cherokee Indians; if not so, their construction is certainly drawn in question; and the decision has been, if not against their validity, "against the right, privilege or exemption, specially set up and claimed under them." They also draw into question the validity of a statute of the state of Georgia, "on the ground of its being repugnant to the constitution, treaties and laws of the United States, and the decision is in favour of its validity."

      It is, then, we think, too clear for controversy, that the act of congress, by which this court is constituted, has given it the power, and of course imposed on it the duty, of exercising jurisdiction in this case. This duty, however unpleasant, cannot be avoided. Those who fill the judicial department have no discretion in selecting the subjects to be brought before them. We must examine the defence set up in this plea. We must inquire and decide whether the act of the legislature of Georgia, under which the plaintiff in error has been prosecuted and condemned, be consistent with, or repugnant to, the constitution, laws and treaties of the United States.

    *It has been said at the bar, that the acts of the legislature of Georgia seize on the whole Cherokee country, parcel it out among the neighbouring counties of the state, extend her code over the whole country, abolish its institutions and its laws, and annihilate its political existence.

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      If this be the general effect of the system, let us inquire into the effect of the particular statute and section on which the indictment is founded.

      It enacts that "all white persons, residing within the limits of the Cherokee nation on the 1st day of March next, or at any time thereafter, without a license or permit from his excellency the governor, or from such agent as his excellency the governor shall authorise to grant such permit or license, and who shall not have taken the oath hereinafter required, shall be guilty of a high misdemeanour, and, upon conviction thereof, shall be punished by confinement to the penitentiary, at hard labour, for a term not less than four years."

      The eleventh section authorises the governor, should he deem it necessary for the protection of the mines, or the enforcement of the laws in force within the Cherokee nation, to raise and organize a guard," &c.

      The thirteenth section enacts, "that the said guard or any member of them, shall be, and they are hereby authorised and empowered to arrest any person legally charged with or detected in a violation of the laws of this state, and to convey, as soon as practicable, the person so arrested, before a justice of the peace, judge of the superior, or justice of inferior court of this state, to be dealt with according to law."

      The extra-territorial power of every legislature being limited in its action, to its own citizens or subjects, the very passage of this act is an assertion of jurisdiction over the Cherokee nation, and of the rights and powers consequent on jurisdiction.

      The first step, then, in the inquiry, which the constitution and laws impose on this court, is an examination of the right-fulness of this claim.

      America, separated from Europe by a wide ocean, was inhabited by a distinct people, divided into separate nations, independent of each other and of the rest of the world, having institutions of their own, and governing themselves by their own laws. It is difficult to comprehend the proposition, that the inhabitants of either quarter of the globe could have rightful original claims of dominion over the inhabitants of the other, or over the lands they occupied; or that the discovery of either by the other should give the discoverer rights in the country discovered, which annulled the pre-existing rights of its ancient possessors.

      After lying concealed for a series of ages, the enterprise of Europe, guided by nautical science, conducted some of her adventurous sons into this western world. They found it in possession of a people who had made small progress in agriculture or manufactures, and whose general employment was war, hunting, and fishing.

      Did these adventurers, by sailing along the coast, and occasionally landing on it, acquire for

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the several governments to whom they belonged, or by whom they were commissioned, a rightful property in the soil, from the Atlantic to the Pacific; or rightful dominion over the numerous people who occupied it? Or has nature, or the great Creator of all things, conferred these rights over hunters and fishermen, on agriculturists and manufacturers?

      But power, war, conquest, give rights, which, after possession, are conceded by the world; and which can never be controverted by those on whom they descend. We proceed, then, to the actual state of things, having glanced at their origin; because holding it in our recollection might shed some light on existing pretensions.

      The great maritime powers of Europe discovered and visited different parts of this continent at nearly the same time. The object was too immense for any one of them to grasp the whole; and the claimants were too powerful to submit to the exclusive or unreasonable pretensions of any single potentate.To avoid bloody conflicts, which might terminate disastrously to all, it was necessary for the nations of Europe to establish some principle which all would acknowledge, and which should decide their respective rights as between themselves. This principle, suggested by the actual state of things, was, "that discovery gave title to the government by whose subjects or by whose authority it was made, against all other European governments, which title might be consummated by possession." 8 Wheat. 573.

      This principle, acknowledged by all Europeans, because it was the interest of all to acknowledge it, gave to the nation making the discovery, as its inevitable consequence, the sole right of acquiring the soil and of making settlements on it. It was an exclusive principle which shut out the right of competition among those who had agreed to it; not one which could annul the previous rights of those who had not agreed to it. It regulated the right given by discovery among the european discoverers; but could not affect the rights of those already in possession, either as aboriginal occupants, or as occupants by virtue of a discovery made before the memory of man. It gave the exclusive right to purchase, but did not found that right on a denial of the right of the possessor to sell.

      The relation between the Europeans and the natives was determined in each case by the particular government which asserted and could maintain this pre-emptive privilege in the particular place. The United States succeeded to all the claims of Great Britain, both territorial and political; but no attempt, so far as is known, has been made to enlarge them. So far as they existed merely in theory, or were in their nature only exclusive of the claims of other European nations, they still retain their original character, and remain dormant. So far as they have been practically exerted, they exist in fact, are understood by both parties, are asserted by the one, and admitted by the other.

      Soon after Great Britain determined on planting colonies in America, the king granted charters to companies of his subjects who associated for the purpose of carrying the views of the

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crown into effect, and of enriching themselves. The first of these charters was made before possession was taken of any part of the country. They purport, generally, to convey the soil, from the Atlantic to the South Sea. This soil was occupied by numerous and warlike nations, equally willing and able to defend their possessions. The extravagant and absurd idea, that the feeble settlements made on the sea coast, or the companies under whom they were made, acquired legitimate power by them to govern the people, or occupy the lands from sea to sea, did not enter the mind of any man. They were well understood to convey the title which, according to the common law of European sovereigns respecting America, they might rightfully convey, and no more. This was the exclusive right of purchasing such lands as the natives were willing to sell. The crown could not be understood to grant what the crown did not affect to claim; nor was it so understood.

      The power of making war is conferred by these charters on the colonies, but defensive war alone seems to have been contemplated. In the first charter to the first and second colonies, they are empowered, "for their several defences, to encounter, expulse, repel, and resist, all persons who shall, without license," attempt to inhabit "within the said precincts and limits of the said several colonies, or that shall enterprise or attempt at any time hereafter the least detriment or annoyance of the said several colonies or plantations."

      The charter to Connecticut concludes a general power to make defensive war with these terms: "and upon just causes to invade and destroy the natives or other enemies of the said colony."

      The same power, in the same words, is conferred on the government of Rhode Island.

      This power to repel invasion, and, upon just cause, to invade and destroy the natives, authorizes offensive as well as defensive war, but only "on just cause." The very terms imply the existence of a country to be invaded, and of an enemy who has given just cause of war.

      The charter to William Penn contains the following recital: "and because, in so remote a country, near so many barbarous nations, the incursions, as well of the savages themselves, as of other enemies, pirates, and robbers, may probably be feared, therefore we have given," &c. The instrument then confers the power of war.

      These barbarous nations, whose incursions were feared, and to repel whose incursions the power to make war was given, were surely not considered as the subjects of Penn, or occupying his lands during his pleasure.

      The same clause is introduced into the charter to Lord Baltimore.

      *The charter to Georgia professes to be granted for the charitable purpose of enabling poor

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subjects to gain a comfortable subsistence by cultivating lands in the American provinces, "at present waste and desolate." It recites: "and whereas our provinces in North America have been frequently ravaged by Indian enemies, more especially that of South Carolina, which, in the late war by the neighbouring savages, was laid waste by fire and sword, and great numbers of the English inhabitants miserably massacred; and our loving subjects, who now inhabit there, by reason of the smallness of their numbers, will, in case of any new war, be exposed to the like calamities, inasmuch as their whole southern frontier continueth unsettled, and lieth open to the said savages."

      These motives for plainting the new colony are incompatible with the lofty ideas of granting the soil, and all its inhabitants from sea to sea. They demonstrate the truth, that these grants asserted a title against Europeans only, and were considered as blank paper so far as the rights of the natives were concerned. The power of war is given only for defence, not for conquest.

      The charters contain passages showing one of their objects to be the civilization of the Indians, and their conversion to Christianity -- objects to be accomplished by conciliatory conduct and good example; not by extermination.

      The actual state of things, and the practice of European nations, on so much of the American continent as lies between the Mississippi and the Atlantic, explain their claims, and the charters they granted. Their pretensions unavoidably interfered with each other; though the discovery of one was admitted by all to exclude the claim of any other, the extent of that discovery was the subject of unceasing contest. Bloody conflicts arose between them, which gave importance and security to the neighbouring nations. Fierce and warlike in their character, they might be formidable enemies, or effective friends. Instead of rousing their resentments, by asserting claims to their lands, or to dominion over their persons, their alliance was sought by flattering professions, and purchased by rich presents.The English, the French, and the Spaniards, were equally competitors for their friendship and their aid. Not well acquainted with the exact meaning of words, nor supposing it to be material whether they were called the subjects, or the children of their father in Europe; lavish in professions of duty and affection, in return for the rich presents they received; so long as their actual independence was untouched, and their right to self government acknowledged, they were willing to profess dependence on the power which furnished supplies of which they were in absolute need, and restrained dangerous intruders from entering their country: and this was probably the sense in which the term was understood by them.

      Certain it is, that our history furnishes no example, from the first settlement of our country, of any attempt on the part of the crown to interfere with the internal affairs of the Indians, farther than to keep out the agents of foreign powers, who, as traders or otherwise, might seduce them into foreign alliances. The king purchased their lands when they were willing to sell, at a price they were willing to take; but never coerced a surrender of them. He also purchased their alliance

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and dependence by subsidies; but never intruded into the interior of their affairs, or interfered with their self government, so far as respected themselves only.

      The general views of Great Britain, with regard to the Indians, were detailed by Mr Stuart, superintendent of Indian affairs, in a speech delivered at Mobile, in presence of several persons of distinction, soon after the peace of 1763. Towards the conclusion he says, "lastly, I inform you that it is the king's order to all his governors and subjects, to treat Indians with justice and humanity, and to forbear all encroachments on the territories allotted to them; accordingly, all individuals are prohibited from purchasing any of your lands; but, as you know that, as your white brethren cannot feed you when you visit them unless you give them ground to plant, it is expected that you will cede lands to the king for that purpose. But, whenever you shall be pleased to surrender any of your territories to his majesty, it must be done, for the future, at a public meeting of your nation, when the governors of the provinces, or the superintendent shall be present, and obtain the consent of all your people. The boundaries of your hunting grounds will be accurately fixed, and no settlement permitted to be made upon them. As you may be assured that all treaties with your people will be faithfully kept, so it is expected that you, also, will be careful strictly to observe them."

      The proclamation issued by the king of Great Britain, in 1763, soon after the ratification of the articles of peace, forbids the governors of any of the colonies to grant warrants of survey, or pass patents upon any lands whatever, which, not having been ceded to, or purchased by, us (the king), as aforesaid, are reserved to the said Indians, or any of them.

      The proclamation proceeds: "and we do further declare it to be our royal will and pleasure, for the present, as aforesaid, to reserve, under our sovereignty, protection, and dominion, for the use of the said Indians, all the lands and territories lying to the westward of the sources of the rivers which fall into the sea, from the west and northwest as aforesaid: and we do hereby strictly forbid, on pain of our displeasure, all our loving subjects from making any purchases or settlements whatever, or taking possession of any of the lands above reserved, without our special leave and license for that purpose first obtained.

      "And we do further strictly enjoin and require all persons whatever, who have, either wilfully or inadvertently, seated themselves upon any lands within the countries above described, or upon any other lands which, not having been ceded to, or purchased by us, are still reserved to the said Indians, as aforesaid, forthwith to remove themselves from such settlements."

      A proclamation, issued by Governor Gage, in 1772, contains the following passage: "whereas many persons, contrary to the positive orders of the king, upon this subject, have undertaken to make settlements beyond the boundaries fixed by the treaties made with the Indian nations, which boundaries ought to serve as a barrier between the whites and the said nations; particularly on the Ouabache." The proclamation orders such persons to quit those countries without delay.

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      Such was the policy of Great Britain towards the Indian nations inhabiting the territory from which she excluded all other Europeans; such her claims, and such her practical exposition of the charters she had granted: she considered them as nations capable of maintaining the relations of peace and war; of governing themselves, under her protection; and she made treaties with them, the obligation of which she acknowledge.

      This was the settled state of things when the war of our revolution commenced. The influence of our enemy was established; her resources enabled her to keep up that influence; and the colonists had much cause for the apprehension that the Indian nations would, as the allies of Great Britain, add their arms to hers. This, as was to be expected, became an object of great solicitude to congress. Far from advancing a claim to their lands, or asserting any right of dominion over them, congress resolved "that the securing and preserving the friendship of the Indian nations appears to be a subject of the utmost moment to these colonies."

      The early journals of congress exhibit the most anxious desire to conciliate the Indian nations. Three Indian departments were established; and commissioners appointed in each, "to treat with the Indians in their respective departments, in the name and on the behalf of the United Colonies, in order to preserve peace and friendship with the said Indians, and to prevent their taking any part in the present commotions."

      The most strenuous exertions were made to procure those supplies on which Indian friendships were supposed to depend; and every thing which might excite hostility was avoided...

      ... *During the war of the revolution, the Cherokees took part with the British.After its termination, the United States, though desirous of peace, did not feel its necessity so strongly as while the was continued. Their political situation being changed, they might very well think it advisable to assume a higher tone, and to impress on the Cherokees the same respect for congress which was before felt for the king of Great Britain. This may account for the language of the treaty of Hopewell.There is the more reason for supposing that the Cherokee chiefs were not very critical judges of the language, from the fact that every one makes his mark; no chief was capable of signing his name. It is probable the treaty was interpreted to them.

      The treaty is introduced with the declaration, that "the commissioners plenipotentiary of the United States given peace to all the Cherokees, and receive them into the favour and protection of the United States of America, on the following conditions."

      When the United States gave peace, did they not also receive it? Were not both parties desirous of it? If we consult the history of the day, does it not inform us that the United States were at least as anxious to obtain it as the Cherokees? We may ask, further: did the Cherokees

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come to the seat of the American government to solicit peace; or, did the American commissioners go to them to obtain it? The treaty was made at Hopewell, not at New York. The word "give," then, has no real importance attached to it.

      The first and second articles stipulate for the mutual restoration of prisoners, and are of course equal.

      The third article acknowledges the Cherokees to be under the protection of the United States of America, and of no other power.

      This stipulation is found in Indian treaties, generally.It was introduced into their treaties with Great Britain; and may probably be found in those with other European powers. Its origin may be traced to the nature of their connexion with those powers; and its true meaning is discerned in their relative situation.

      The general law of European sovereigns, respecting their claims in America, limited the intercourse of Indians, in a great degree, to the particular potentate whose ultimate right of domain was acknowledged by the others. This was the general state of things in time of peace. It was sometimes changed in war. The consequence was, that their supplies were derived chiefly from that nation, and their trade confined to it. Goods, indispensable to their comfort, in the shape of presents, were received from the same hand. What was of still more importance, the strong hand of government was interposed to restrain the disorderly and licentious from intrusions into their country, from encroachments on their lands, and from those acts of violence which were often attended by reciprocal murder. The Indians perceived in this protection only what was beneficial to themselves -- an engagement to punish aggressions on them. It involved, practically, no claim to their lands, no dominion over their persons. It merely bound the nation to the British crown, as a dependent ally, claiming the protection of a powerful friend and neighbour, and receiving the advantages of that protection, without involving a surrender of their national character.

      This is the true meaning of the stipulation, and is undoubtedly the sense in which it was made. Neither the British government, nor the Cherokees, ever understood it otherwise.

      The same stipulation entered into with the United States, is undoubtedly to be construed in the same manner. They receive the Cherokee nation into their favour and protection. The Cherokees acknowledge themselves to be under the protection of the United States, and of no other power. Protection does not imply the destruction of the protected. The manner in which this stipulation was understood by the American government, is explained by the language and acts of our first president.

      The fourth article draws the boundary between the Indians and the citizens of the United

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States. But, in describing this boundary, the term "allotted" and the term "hunting ground" are used.

      Is it reasonable to suppose, that the Indians, who could not write, and most probably could not read, who certainly were not critical judges of our language, should distinguish the word "allotted" from the words "marked out." The actual subject of contract was the dividing line between the two nations; and their attention may very well be supposed to have been confined to that subject. When, in fact, they are ceding lands to the United States, and describing the extent of their cession, it may very well be supposed that they might not understand the term employed, as indicating that, instead of granting, they were receiving lands. If the term would admit of no other signification, which is not conceded, its being misderstood is so apparent, results so necessarily from the whole transaction; that it must, we think, be taken in the sense in which it was most obviously used.

      So with respect to the words "hunting grounds." Hunting was at that time the principal occupation of the Indians, and their land was more used for that purpose than for any other. It could not, however, be supposed, that any intention existed of restricting the full use of the lands they reserved.

      To the United States, it could be a matter of no concern, whether their whole territory was devoted to hunting grounds, or whether an occasional village, and an occasional corn field, interrupted, and gave some variety to the scene.

      These terms had been used in their treaties with Great Britain, and had never been misunderstood. They had never been supposed to imply a right in the British government to take their lands, or to interfere with their internal government.

      The fifth article withdraws the protection of the United States from any citizen who has settled, or shall settle, on the lands allotted to the Indians, for their hunting grounds; and stipulates that, if he shall not remove within six months the Indians may punish him.

      The sixth and seventh articles stipulate for the punishment of the citizens of either country, who may commit offences on or against the citizens of the other. The only inference to be drawn from them is, that the United States considered the Cherokees as a nation.

      The ninth article is in these words: "for the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States, in congress assembled, shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs, as they think proper."

      To construe the expression "managing all their affairs," into a surrender of self-government,

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would be, we think, a perversion of their necessary meaning, and a departure from the construction which has been uniformly put on them. The great subject of the article is the Indian trade. The influence it gave, made it desirable that congress should possess it. The commissioners brought forward the claim, with the profession that their motive was "the benefit and comfort of the Indians, and the prevention of injuries or oppressions." This may be true, as respects the regulation of their trade, and as respects the regulation of all affairs connected with their trade, but cannot be true, as respects the management of all their affairs. The most important of these, are the cession of their lands, and security against intruders on them. Is it credible, that they should have considered themselves as surrendering to the United States the right to dictate their future cessions, and the terms on which they should be made? or to compel their submission to the violence of disorderly and licentious intruders? It is equally inconceivable that they could have supposed themselves, by a phrase thus slipped into an article, on another and most interesting subject, to have divested themselves of the right of self-government on subjects not connected with trade. Such a measure could not be "for their benefit and comfort," or for "the prevention of injuries and oppression." Such a construction would be inconsistent with the spirit of this and of all subsequent treaties; especially of those articles which recognise the right of the Cherokees to declare hostilities, and to make war. It would convert a treaty of peace covertly into an act, annihilating the political existence of one of the parties. Had such a result been intended, it would have been openly avowed.

      This treaty contains a few terms capable of being used in a sense which could not have been intended at the time, and which is inconsistent with the practical construction which has always been put on them; but its essential articles treat the Cherokees as a nation capable of maintaining the relations of peace and war; and ascertain the boundaries between them and the United States...

... To the general pledge of protection have been added several specific pledges, deemed valuable by the Indians.Some of these restrain the citizens of the United States from encroachments on the Cherokee country, and provide for the punishment of intruders.

      From the commencement of our government, congress has passed acts to regulate trade and intercourse with the Indians; which treat them as nations, respect their rights, and manifest a firm purpose to afford that protection which treaties stipulate. All these acts, and especially that of 1802, which is still in force, manifestly consider the several Indian nations as distinct political communities, having territorial boundaries, within which their authority is exclusive, and having a right to all the lands within those boundaries, which is not only acknowledged, but guarantied by the United States.

      In 1819, congress passed an act for promoting those humane designs of civilizing the neighbouring Indians, which had long been cherished by the executive. It enacts, "that, for the purpose of providing against the further decline and final extinction of the Indian tribes adjoining

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to the frontier settlements of the United States, and for introducing among them the habits and arts of civilization, the president of the United States shall be, and he is hereby authorized, in every case where he shall judge improvement in the habits and condition of such Indians practicable, and that the means of instruction can be introduced with their own consent, to employ capable persons, of good moral character, to instruct them in the mode of agriculture suited to their situation; and for teaching their children in reading, writing and arithmetic; and for performing such other duties as may be enjoined, according to such instructions and rules as the president may give and prescribe for the regulation of their conduct in the discharge of their duties."

      This act avowedly contemplates the preservation of the Indian nations as an object sought by the United States, and proposes to effect this object by civilizing and converting them from hunters into agriculturists. Though the Cherokees had already made considerable progress in this improvement, it cannot be doubted that the general words of the act comprehend them. Their advance in the "habits and arts of civilization," rather encouraged perseverance in the laudable exertions still farther to meliorate their condition. This act furnishes strong additional evidence of a settled purpose to fix the Indians in their country by giving them security at home.

      The treaties and laws of the United States contemplate the Indian territory as completely separated from that of the states; and provide that all intercourse with them shall be carried on exclusively by the government of the union.

      *Is this the rightful exercise of power, or is it usurpation?

      While these states were colonies, this power, in its utmost extent, was admitted to reside in the crown. When our revolutionary struggle commenced, congress was composed of an assemblage of deputies acting under specific powers granted by the legislatures, or conventions of the several colonies. It was a great popular movement, not perfectly organized; nor were the respective powers of those who were entrusted with the management of affairs accurately defined. The necessities of our situation produced a general conviction that those measures which concerned all, must be transacted by a body in which the representatives of all were assembled, and which could command the confidence of all: congress, therefore, was considered as invested with all the powers of war and peace, and congress dissolved our connexion with the mother country, and declared these United Colonies to be independent states. Without any written definition of powers, they employed diplomatic agents to represent the United States at the several courts of Europe; offered to negotiate treaties with them, and did actually negotiate treaties with France.From the same necessity, and on the same principles, congress assumed the management of Indian affairs; first in the name of these United Colonies; and, afterwards, in the name of the United States. Early attempts were made at negotiation, and to regulate trade with them. These not proving successful, war was carried on under the direction, and with the forces of the United States, and the efforts to make peace, by treaty, were earnest and incessant. The

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confederation found congress in the exercise of the same powers of peace and war, in our relations with Indian nations, as with those of Europe.

      Such was the state of things when the confederation was adopted. That instrument surrendered the powers of peace and war to congress, and prohibited them to the states, respectively, unless a state be actually invaded, "or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of delay till the United States in congress assembled can be consulted." This instrument also gave the United States in congress assembled the sole and exclusive right of "regulating the trade and managing all the affairs with the Indians, not members of any of the states: provided, that the legislative power of any state within its own limits be not infringed or violated."

      The ambiguous phrases which follow the grant of power to the United States, were so construed by the states of North Carolina and Georgia as to annual the power itself. The discontents and confusion resulting from these conflicting claims, produced representations to congress, which were referred to a committee, who made their report in 1787. The report does not assent to the construction of the two states, but recommends an accommodation, by liberal cessions of territory, or by an admission, on their part, of the powers claimed by congress. The correct exposition of this article is rendered unnecessary by the adoption of our existing constitution. That instrument confers on congress the powers of war and peace; of making treaties, and of regulating commerce with foreign nations, and among the several states, and with the Indian tribes. These powers comprehend all that is required for the regulation of our intercourse with the Indians. They are not limited by any restrictions on their free actions.The shackles imposed on this power, in the confederation, are discarded.

      The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial, with the single exception of that imposed by irresistible power, which excluded them from intercourse with any other European potentate than the first discoverer of the coast of the particular region claimed: and this was a restriction which those European potentates imposed on themselves, as well as on the Indians. The very term "nation," so generally applied to them, means "a people distinct from others." The constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and consequently admits their rank among those powers who are capable of making treaties. The words "treaty" and "nation" are words of our own language, selected in our diplomatic and legislative proceedings, by ourselves, having each a definite and well understood meaning. We have applied them to Indians, as we have applied them to the other nations of the earth. They are applied to all in the same sense.

      Georgia, herself, has furnished conclusive evidence that her former opinions on this subject

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concurred with those entertained by her sister states, and by the government of the United States. Various acts of her legislature have been cited in the argument, including the contract of cession made in the year 1802, all tending to prove her acquiescence in the universal conviction that the Indian nations possessed a full right to the lands they occupied, until that right should be extinguished by the United States, with their consent: that their territory was separated from that of any state within whose chartered limits they might reside, by a boundary line, established by treaties: that, within their boundary, they possessed rights with which no state could interfere: and that the whole power of regulating the intercourse with them, was vested in the United States. A review of these acts, on the part of Georgia, would occupy too much time, and is the less necessary, because they have been accurately detailed in the argument at the bar. Her new series of laws, manifesting her abandonment of these opinions, appears to have commenced in December 1828.

      In opposition to this original right, possessed by the undisputed occupants of every country; to this recognition of that right, which is evidenced by our history, in every change through which we have passed; is placed the charters granted by the monarch of a distant and distinct region, parcelling out a territory in possession of others whom he could not remove and did not attempt to remove, and the cession made of his claims by the treaty of peace.

      The actual state of things at the time, and all history since, explain these charters; and the king of Great Britain, at the treaty of peace, could cede only what belonged to his crown. These newly asserted titles can derive no aid from the articles so often repeated in Indian treaties; extending to them, first, the protection of Great Britain, and afterwards that of the United States. These articles are associated with others, recognizing their title to self government. The very fact of repeated treaties with them recognizes it; and the settled doctrine of the law of nations is, that a weaker power does not surrender its independence -- its right to self government, by associating with a stronger, and taking its protection. A weak state, in order to provide for its safety, may place itself under the protection of one more powerful, without stripping itself of the right of government, and ceasing to be a state. Examples of this kind are not wanting in Europe. "Tributary and feudatory states," says Vattel, "do not thereby cease to be sovereign and independent states, so long as self government and sovereign and independent authority are left in the administration of the state." At the present day, more than one state may be considered as holding its right of self government under the guarantee and protection of one or more allies.

      The Cherokee nation, then, is a distinct community occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in conformity with treaties, and with the acts of congress. The whole intercourse between the United States and this nation, is, by our constitution and laws, vested in the government of the United States.

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      The act of the state of Georgia, under which the plaintiff in error was prosecuted, is consequently void, and the judgment a nullity.

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Appendix D: Freedom of Religion Act 1978

Public Law 95-341 95th CongressJoint Resolution American Indian Religious Freedom.

Whereas the freedom of religion for all people is an inherent right, fundamental to the democratic structure of the United States and is guaranteed by the First Amendment of the United States Constitution;

Whereas the United States has traditionally rejected the concept of a government denying individuals the right to practice their religion, and as a result, has benefited from a rich variety of religious heritages in this country;

Whereas the religious practices of the American Indian (as well as Native Alaskan and Hawaiian) are an integral part of their culture, tradition, and heritage, such practices forming the basis of Indian identity and value systems;

Whereas the traditional American Indian religions as an integral part of Indian life, are indispensable and irreplaceable;

Whereas the lack of a clear, comprehensive, and consistent Federal policy has often resulted in the abridgment of religious freedom for traditional American Indians;

Whereas such religious infringements result from the lack of knowledge of the insensitive and inflexible enforcement of Federal policies and regulations premised on a variety of laws;

Whereas such laws were designed for such worthwhile purposes as conservation and preservation of natural species and resources but were never intended to relate to Indian religious practices and, there, were passed without consideration of their effect on traditional American Indian religions;

Whereas such laws and policies often deny American Indians access to sacred sites required in their religions, including cemeteries;

Whereas such laws at times prohibit the use and possession of sacred objects necessary to the exercise of religious rites and ceremonies;

Whereas traditional American Indian ceremonies have been intruded upon, interfered with, and in a few instances banned;

Now, therefore, be it Resolved by the Senate and the House of Representatives of the United States of American in Congress Assembled, That henceforth it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.

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SEC. 2. The President shall direct that various Federal departments, agencies, and other instrumentalities responsible for the administering relevant laws to evaluate their policies and procedures in consultation with Native traditional religious leaders in order to determine appropriate changes necessary to protect and preserve Native American religious cultural rights and practices. Twelve months after approval of this resolution, the President shall report back to Congress the results of his evaluation, including any changes which were made in administrative policies and procedures, and any recommendations he may have for legislative action.

Approved August 11, 1978.[10]