The people's voice. [volume] (Helena, Mont.) 1939-1969, 1956-04-06

legal relationship between the In
dams and our federal government
These treaties were enterd into be.
tween the Indian nations of the west
and our government in 1855, one OF
which, as an example, was with the
Flathead nation at He'll Gate Bitter
Root Valley then Washington Terri
tory in July 1855.
That treaty was ratified by our
United States Senate in March 1859
and proclaimed by our President
James Buchanan in April, 1859, set
forth in IL Statutes-at-Large at
pages 975 to 979. These treaties are
solemn contracts between the parties
and are considered in the same legal,
constitutional aspects as any other
treaty between nations.
My research has developed the fact
that the Flathead nation, as an ex-
ample, has lived up to the terms of
their treaty and has never violated
its terms. Under constitutional law
it is as binding today as when pro-
claimed by our president.
During this early period we, the
United States government, consid-
cred the Indian nations as independ-
ent, with whom we negotiated treaties
with the same formalities and in the
same manner as we did with any
other Independent country.
In 1871 the Congress changed this
time-honored policy by a unilateral
act. Congress then asserted for the
first time the right to legislate di-
rectly concerning the Indian. This
however, validated and
confirmed all treaties heretofore
made and directed that henceforth
no treaty would be made but con-
tracts would be entered into with
the Indian tribes and established the
policy of considering the government
as the guardian and the Indian as it's
ward. This policy has continued to the
present time. l am speaking here of
our Indians in general.
In 1854 there were pending in
Congress various Acts for the pur-
pose of terminating this guardian
status and all treaties and
contracts. The purpose, of course,
vas to divest our federal government
If all legal, moral and financial obli-
,ations pertaining to the Indians.
Then if these bills had passed, al
most overnight, comparatively all
ervices and expenses now provided
~ our federal government would
lave been terminated and the obli-
,ation would have been transferred
o the states, if anywhere.
954 PROPOSALS WERE
'CONFISCATION BILLS"
Those bills could as we'll have been
allied Confiscation Bills. The Great
'alls Tribune, in an editorial in its
ssue of April IL, 1854, stated in
art: "Too many Indians are now
from hopeless poverty,
hronic i'll health, abject ignorance,
or Congress to be promoting 'termi-
alton of federal responsibility,
gainst their will at the present time.
90 many interests are lying in wait
D take advantage of the Indians
once federal protection
removed"
The proponents of those bills were
ociferous in heralding that they
-ould free the Indian. I inquire:
rec them from what? 1t appears
nat they would have freed the In
ian from his land and chattels, from
lie legal and moral national respon-
bility of our federal government,
} you people, in helping to provide
,ligious training, Indian health, hos
talization programs, welfare, edu-
alton, and other services.
The Indian communities would
nave been stripped of the protec-
lion of their forests, their lands,
heir power sites, their cattle, their
homes, and other possessions. The
break would have been swift and
1t would have ended the
oint commitment of Indian and
federal government set forth in
reaties and contracts to work out
he future of the Indian in Ameri-