Tag: Standing Rock Sioux

“Death by Oil” Remembering the Dakota 38 for Christmas

Looking back 154 years, little has changed in the Peace Garden State

By C.S. Hagen
BISMARCK
– The same prejudices that sent 38 Dakota Native Americans to the gallows in Minnesota 154 years ago still exist in the Peace Garden State today. Parallels between the broken treaties that sparked the six-week US-Dakota War of 1862 and the current fight against the Dakota Access Pipeline contain undeniable similarities, red man and white man say.

Standing Rock Sioux Chairman Dave Archambault II has repeatedly stated the Sioux tribe is not only fighting water and land rights, but also defying hundreds of years of broken treaties and oppression.

Little has changed since the day after Christmas 1862, the day of the U.S. largest mass execution in Mankato, Minnesota.

“Death by Oil” – wet plate by Shane Balkowitsch

“The overt racism that exists here in North Dakota is something that shocked me,” retired rancher and former candidate for the North Dakota House of Representative Tom Asbridge said. His family has lived in or near Morton County since the late 19th century. “It is North Dakota nice. During holiday times we pride ourselves for handing out turkeys to poor kids, but the rest of the year we ignore what is going on. There’s a lot of self-delusion here about who we are, and people who are smart prey upon that. We shouldn’t blame them, but blame the people who are too dumb to know the difference.”

Bismarck native and wet plate artist Shane Balkowitsch decided to commemorate the 154th anniversary of the Dakota 38’s mass execution with a wet plate featuring renowned flute player and writer Darren Thompson.

“I made this wet plate in the historic wet plate collodion process to remember and pay respect to the 38 Native Americans that we executed a day after Christmas in 1862 by Abraham Lincoln,” Balkowitsch said. “The oil dripping down the rope symbolizes the current protests against the Dakota Access Pipeline. Have we learned nothing from past historical tragedies?”

Thompson, the subject in the wet plate, is an award-winning flute player and a journalist who lives in Rapid City, South Dakota.

Growing up on the Lac du Flambeau Ojibwe Reservation in Northern Wisconsin, he didn’t hear about the Dakota 38 until later in life. The story upset him, and he recently stepped from behind his role as a journalist to help Balkowitsch with his wet plate “Death by Oil.”

“It was difficult because originally I was planning on covering it as a journalist, and not being in the photo,” Thompson said. “It was difficult especially in terms of how can I explain this story.

“But he said ‘you have a voice that I don’t have, you can make this image reach to larger masses of people than I could.’ It would be a modern look of a Native American man.”

 

The Dakota 38: “It is a good day to die.”

Little by little, through trick and by trade, the federal government ate away at Dakota lands in southern Minnesota. Starting in 1805, the nomadic Dakota people were forced into smaller and smaller areas surrounding the Minnesota River, according to the Minnesota Historical Society.

In 1819, the US Army began building forts, settlers soon followed. Animals the Dakota depended upon for survival vanished from the forests. Missionaries promised education and farming assistance. Politicians threatened reprisals if treaties weren’t signed. Eventually, 35 million acres were exchanged for a promised USD 3 million, which the Dakota never received in full. Despite disagreements within the Dakota tribe, treaties were signed, but the translations were false.

Battle of Wood Lake sketch

The Dakota were tricked, lost half their land, and now owed fur traders in excess of USD 400,000. Those that refused to change their ways were threatened with more reprisals, and were not allowed to return to their homes. Annuity payments were late.

In 1862, the Dakota had enough. War began.

Settlers in Renville County lived opposite the Dakota, three days after the attacks began the county was abandoned, as most had been killed, wounded, captured, or had fled, the Minnesota Historical Society reported. The attacks took settlers by surprise. Those that escaped fled to Fort Ridgely.

General Henry Sibley led the U.S. Army against the Dakota. Sibley was no Indian hater; he spoke the Dakota language, and was well acquainted with the four tribes, according to historian William Folwell.

He was frequently opposed by General John Pope, who subscribed to a Three-Alls policy: kill all, burn all, loot all. Sibley resisted.

“It is my purpose utterly to exterminate the Sioux if I have the power to do so and even if it requires a campaign lasting the whole of next year,” Pope wrote to Sibley in 1862. “Destroy everything belonging to them and force them out to the plains, unless, as I suggest, you can capture them. They are to be treated as maniacs or wild beasts, and by no means as people with whom treaties or compromises can be made.”

Prairie on Fire

The campaign against the Native Americans ended at the Battle of Wood Lake on September 23, 1862. Dakota warriors lay in ambush against Sibley’s forces near Lone Tree Lake, while soldiers broke camp. They attacked as Sibley’s forces marched. Sibley won the battle, but not without casualties to both sides: seven white soldiers were killed, 33 wounded, 15 Dakota, including chiefs Makato and Mazamani, were killed.

A total of 152 civilians were killed, 48 soldiers or militia killed, 113 settlers and soldiers were captured, and 201 people escaped, according to some estimates. Other historians report more than 600 people were killed in total. Only 24 percent of the survivors returned to Renville County after the war.

The numbers of Dakota killed during the war estimate from 75 to 100, and by some reports much higher, but more than a fourth of the Dakota people who surrendered in 1862 died the following year. More than 1,000 Dakota were captured, and were forced into concentration camps on reservations, pressured to assimilate, and their lands were taken by white settlers, according to the Minnesota Historical Society. Eventually, all Dakota were forced from Minnesota; all treaties were destroyed. Many fled to North Dakota and Nebraska.

The U.S. Military Commission convened at Camp Release to try 392 Dakota prisoners. Proof of crimes was difficult to obtain as President Abraham Lincoln’s criteria for capital punishment was to sort out those who had committed rape and murder from those who participated in battles.

The trials were known as a mockery, both blind and ignorant, according to the Family and Friends of Dakota Uprising Victims. Language barriers, lack of proper translations, and local hatred against the Dakota spurred judges to quick determinations. A total of 303 people were originally sentenced to death, and 16 were given prison terms. President Lincoln shortened the list to be executed to 39, and one elderly man was spared minutes before the execution by Sibley.

Under orders from President Lincoln, the U.S. Army carried out the largest mass execution in U.S. history in Mankato, the word for Blue Earth in the Dakota language.

Abraham Lincoln letter and signature regarding the Dakota 38

The day before the mass execution, Reverend Stephen Riggs said some of the condemned “availed themselves of the opportunity to receive the Christian rite” of baptism. The prisoners were chained in pairs and to the floor.

“It was a sad, a sickening sight, to see that group of miserable dirty savages, chained to the floor, and awaiting the apparent unconcern the terrible fate toward which they were then so rapidly approaching,” Riggs wrote for newspapers in 1862.

A man identified as Father Augustine Ravoux, a noted Catholic patriarch of the Minnesota church, addressed the condemned, but was interrupted when an elderly Dakota “broke out in a most lamentable and unearthly wail; one by one took up the lay, and ere long the walls resounded with the mournful ‘death song.’”

When a second missionary began his address, the Dakota once again began singing.

Soon after, the condemned were bound, hands behind their backs. Many dressed in traditional blankets, white muslin hoods were slipped over their heads.

At precisely 10 a.m., the condemned were then marched to the gallows, a square structure on Main Street, between the jail and the Minnesota River. “The mechanism of the whole thing consisted in raking the platform by means of the pulley, and then making the rope fast, when by a blow from an ax by a man standing in the centre of the square, the platform falls; the large opening in its centre protects the executioner from being crushed by the fall.”

They wore war paint, and hopped on one foot to the gallows. Some of the condemned who had been “Christianized” sang “I’m on the Iron Road to the Spirit Land,” while others sang a native war song. One person among the condemned yelled out, “Hear me my people, today is not a day of defeat, it is a day of victory. For we have made our peace with our creator, and now go to be with him forever… Do not mourn for us, rejoice with us, for it is a good day to die.”

The spectacle drew people by the thousands. “Every convenient place from which to view the tragic scene was soon appropriated. The street was full, the house tops were literally crowded, and every available space was occupied.”

More than 1,500 soldiers also were present to keep the peace.

“Instead of shrinking or resistance, all were ready, and even seemed eager to meet their fate. Rudely they jostled against each other, as they rushed from the doorway, ran the gauntlet of the troops, and clambered up the steps to the treacherous drop. As they came up and reached the platform, they filed right and left, and each one took his position as though they had rehearsed the programme.”

Three taps of the drum signaled the executioner.

Upon the first tap, the condemned reached for each others’ hands, and shouted out their names to watching relatives.

The second tap followed. Stillness descended upon the scene.

“Again the doleful tap breaks on the stillness of the scene. Click! Goes the sharp ax, and the descending platform leaves the bodies of thirty-eight human beings dangling in the air.”

Most died instantly; some struggled. One rope broke, and a new length was quickly tied and the condemned hung until he was dead.

“Thirty-eight human beings suspended in the air, on the bank of the beautiful Minnesota; above, the smiling, clear, blue sky; beneath and around, the silent thousands, hushed to a deathly silence by the chilling scene before them, while the bayonets bristling in the sunlight added to the importance of the occasion.”

Their bodies were buried in a large hole in a sandbar in the Minnesota River.

President Lincoln later explained the mass execution to the U.S. Senate.

“Anxious to not act with so much clemency as to encourage another outbreak on one hand, nor with so much severity as to be real cruelty on the other, I ordered a careful examination of the records of the trials to be made, in view of first ordering the execution of such as had been proved guilty of violating females.”

Many local politicians and military personnel sent telegrams to the President to execute all 303 prisoners.

Sibley sent a telegram to President Lincoln the day after the executions. “The 38 Indians and half-breeds ordered by you for execution were hung yesterday at 10 a.m. Everything went off quietly.”

Hanging of the 38 Sioux at Mankato – sketch by W.H. Childs

Racism today

Thompson began teaching himself the flute while in college and now tells native stories with his songs, frequently in the Black Hills at the Crazy Horse Memorial, the world’s largest stone carving, which is not yet finished. Many of his tribe’s old songs and traditions are gone, but he’s discovered a few songs Jesuit priests recorded years ago, and he creates his own music.

Darren J. Thompson “Pipigew” or flue player – wet plat by Shand Balkowitsch

He plays prayer songs, songs for nature, songs to honor corn grinding, which he described as experiences for people to be baby fed native trauma and culture. Before Europeans “discovered” America, estimates put 50 million natives north of the Mexican border. By 1900, less than 100,000 remained, he said.

“With that comes an immeasurable loss of a people, languages, knowledge, their history, and their culture, and one of the ways I try to emphasize that particular fact is explaining this music is a part of who we are and it’s a very pleasant thing to listen to.”

Thompson has seen racism up close and it has been personal. As an Ojibwe, his tribe had issues over hunting and spear fishing rights, a fundamental part of their original treaties with the U.S. government. One of the ideologies he faced as a child was the “Save a walleye, kill an Indian” slogan. He has brown skin, and was called a “timber n*gger.” He received death threats in college, and close friends were also threatened.

The dangers Native Americans face today are just as real as they were in 1862, he said, although this time perhaps not at gunpoint, but with the burning of fossil fuels. Communication and mutual understanding could ease the months-long standoff.

“If somebody is wanting to understand, they need to specifically go in to speak with the people of Standing Rock,” he said. “It’s going to become too late if we don’t stop being so reliant on fossil fuels.

“What’s really challenging for an entire community is to have to swallow the inability of this company to consult, to invite the community to the table to have significant contributions. In the lack of doing that 86 burial sites were desecrated or harmed because of their inability to consult or to invite the community to the table.

“The people there are not anti-white, they’re anti-greed. They want a clean environment for everybody. It’s not that they want to harm the police or harm the pipeline workers. The people that want the pipeline want it built only because native people don’t want it built.”

Asbridge said racism is deep-rooted in the Peace Garden State, frequently reminding him of the days in the deep south when white people believed they had a moral right to go so far as to have white-only drinking fountains.

In coffee parlors and coffee shops around Bismarck he’s heard people say “we ought to go kill those damn Indians that are protesting.’

“Makes you wonder. When you hear it, it’s just really startling, do you really know what is coming out of your mouth? We’re being guided here without us thinking very clearly.”

Racism dates back to 1862 and beyond, Asbridge said.

“It’s kinda cultural, it goes back to the Scandinavian and the German roots – we got that built into us, instead of questioning government, we defer to it. An example is the response of police to the pipeline, they’ve been the aggressors in my mind, no question about it. I think they were sent there to antagonize the Natives.”

Early on, someone should have went down, rolled up their sleeves, and over pots of strong coffee discussed plans, man to man. “That to me is a crime, it’s a criminal activity to do that. The dogs, the rubber bullets, the water hoses, what the hell is the purpose of that?

“It’s an indicator of the culture here. Fighting the culture is a tough job.”

As Jack Dalrymple prepared to step down from the governorship, he received a standing ovation after he praised law enforcement and National Guard efforts during the Dakota Access Pipeline controversy. “Many of our people have gone months without a day off, ably managing the onslaught of out-of-state agitators in a situation that could never have been anticipated.

“The people of North Dakota can take satisfaction in knowing that the financial strength of their state is among the best in the nation,” Dalrymple said. He left a financially stable state to the newly elected 33rd governor, Doug Burgum.

The state may be financially secure, at least for the time being, but many agree the Peace Garden State’s spirit is sick. The symptoms are evident; the disease is contagious. From state politicians accepting big oil bribes during election races, to ignoring its first citizens, to not consulting appropriately with sovereign nations, to repressing the collective voices of North Dakota’s original peoples, racism is still alive and well, and living in the Peace Garden State.

“Battle” for Backwater Bridge Ends Peacefully

Law enforcement marches toward activist’s line, quarter mile from main camp; Sioux tribal chairmans speak out against DAPL and Energy Transfer Partners 

By C.S. Hagen
CANNON BALL – The battle for Backwater Bridge erupted hours after law enforcement cleared “Treaty Camp,” arresting 142 people and pushing activists back two miles making room for Dakota Access Pipeline construction. Two Dakota Access trucks and one vehicle were set on fire near the bridge; an electronic billboard sat charred between them making the road impassable.

“It was a very active and tense evening as law enforcement worked through the evening to clear protesters from the north camp,” Morton County Sheriff’s Department reported in a press release.

Front line activists at Backwater Bridge - photo by C.S. Hagen

Front line activists at Backwater Bridge – photo by C.S. Hagen

The conflict lasted all night Thursday and by mid-morning Friday tensions were high, activists reported. They were tired, hungry, frustrated, and feeling trapped as DAPL construction crews hurriedly plowed the earth toward the three-mile easement. Between the activists and the DAPL construction crews, at least 10 Humvees, two bearcats, and hundreds of police formed a roadblock.

Activists preparing for armed police - photos by C.S. Hagen

Activists preparing for armed police – photos by C.S. Hagen

“You’re on treaty land,” an activist said to the law enforcement line.

“You are not peaceful,” an officer said through a megaphone. “Look behind you at the DAPL truck.”

“You are not peaceful,” activists said back.

The conversation, yelled back and forth, became taunts.

“Why do you hide behind your bandanas?” the officer asked.

“Because of the pepper spray you use on us,” an activist said. “You aren’t tough. You are disobeying natural law.”

smudging-on-front-lines-photo-by-c-s-hagen

Smudging ceremony at the front line – photo by C.S. Hagen

Smudging ceremonies began. Activists moved particleboard shields into a line north of the bridge. Law enforcement used DAPL workers to begin stringing razor wire across their cement barricade, but stopped, citing the situation was becoming dangerous.

“Drop your guns and come here and fight like men,” an activist said.

Law enforcement said they saw weapons; activists said it was an agitator. One white person was seen sitting in the back of a pickup truck holding a broken toy gun with batteries before the vehicle sped south.

“You must move south,” the officer said. “Everyone, you must understand your decision, if you continue to move forward we will be forced to move you back. Does everyone understand that?”

Law enforcement closing in - photo by C.S. Hagen

Law enforcement closing in – photo by C.S. Hagen

The activists whooped in response, and moved the line forward three steps. Hundreds of law enforcement took formation and began marching downward toward the bridge. Snipers protruding from Humvee tops pointed weapons at the activists. The officer on the megaphone issued a final warning.

And then, a Standing Rock elder, white hair, dressed in a running suit, pipe in hand, stepped between the activists and the police. His sudden appearance quieted both sides.

Elder Miles Allard of Standing Rock approaches police line to negotiate - photo by C.S. Hagen

Elder Miles Allard of Standing Rock approaches police line to negotiate – photo by C.S. Hagen

“We went to ceremony, the medicine people told us, the spirits told us the only way we can win this thing is through prayer and non-violence,” the elder, Miles Allard, owner of the Camp of the Sacred Stone land, said. “We have to be respectful to these people.”

“They need to be respectful to us,” an activist said.

Miles Allard, 25-year-long resident of Standing Rock - photo by C.S. Hagen

Miles Allard, 25-year-long resident of Standing Rock – photo by C.S. Hagen

“That’s true,” Allard said. “Listen, one heart, one mind, one spirit, is what they told us. You’re doing your job by standing here, be non-violent please. The spirits told us we will not win if we do this with violence. The violence comes from them; we have to be able to be brave enough and strong enough in prayer to resist that.

“I talk to you because I love you all, I love this water, that’s what we’re here for, the Mni Wiconi. We stand in solidarity. But we cannot create violence, if we do we’re going to lose.”

An eagle flew overhead and the activists cheered. Police beckoned Allard to their line to parley. He negotiated a deal where both sides could back away, personal property from the Treaty Camp returned to activists, and the county could clear the highway. Treaty Camp was built on land tribal council members reclaimed under their own eminent domain declaration, and on private land formerly owned by Cannon Ball Ranch and sold to Dakota Access LLC on September 23, according to Morton County Sheriff’s Department.

Backwater Bridge - photos by C.S. Hagen

Backwater Bridge – photos by C.S. Hagen

Although the activists were still effectively trapped at Backwater Bridge as they could not proceed to the DAPL construction pathway two miles north, Allard said the deal did not deter their determination to stop the “black snake.”

Activists shouting back at law enforcement on top of burned out DAPL truck - photo by C.S. Hagen

Activists shouting back at law enforcement on top of burned out DAPL truck – photo by C.S. Hagen

“It has no effect at all, we’re just opening up the highway, our determination, our drive, our prayers to save our river, our Missouri River,” Allard said. “I told them we will never back down from that because that’s life and death to us. Our water is very important to us, we cannot live, nothing can live, without water, let alone those that are in the water, the animals that go there, the insects, the land if it gets polluted. My major concern was nobody needed to get hurt here.

“I’ve never before stepped up, because I always pray in the background. That’s my job. I was concerned when I heard what was going on… so I came up here to talk to the people and that’s what I did.”

The decision disappointed some within the activist’s crowd, who had spent the night running, defending themselves and other activists. According to some who were present, activists at times counted coup with law enforcement. Counting coup is a winning prestige tradition against an enemy where the most prestigious acts included touching an enemy warrior with the hand and escaping unharmed.

Activists calling for prayer form human chain to prevent others from marching on law enforcement - photo by C.S. Hagen

Activists calling for prayer form human chain to prevent others from marching on law enforcement – photo by C.S. Hagen

One DAPL security employee armed with an automatic AR-15 was surrounded by activists and then arrested by the Bureau of Indian Affairs after he attempted to drive into the main camp, Dallas Goldtooth said. Goldtooth is a campaign organizer for the Indigenous Environmental Network.

He said he was pepper sprayed on Thursday. Tribal leaders from across the United States were arrested, he said. “They were rounded up and arrested. It was really, really chaotic… Dakota Access is still trying to move ahead with construction.”

Noah Morris, a front line medic, said more than 50 people were treated for pepper spray injuries on Thursday. Twelve people suffered blunt-force injuries from nightsticks and percussion grenades, and another activist had a Taser barb imbedded in his cheek.

Law enforcement also targeted medics on Thursday, Morris said.

Medics waiting at front line - by C.S. Hagen

Medics waiting at front line – by C.S. Hagen

“They arrested two of our medics, forcibly removed myself and my partner by hitting us from the back of our medical vehicle, and the driver was pulled out while the car was still in drive and arrested. So any reports of restraint on behalf of law enforcement from medics’ perspective were completely false and those folks came as instigators, those folks are the problem, they caused the problem.”

Law enforcement also used “stingballs,” he said, projectiles the size of tennis balls used mostly in prison uprisings, packed with hard rubber pellets. When detonated the projectiles release a “large bang” and send pellets in 360 degrees, hitting and stinging anyone nearby. “They were using their whole arsenal of “less-than-lethal” weapons, Morris said.

One woman fired multiple shots at police officers, and two officers received minor injuries after being hit by logs and debris, Morton County Sheriff’s Department reported. At least nine vehicles plus construction equipment were torched, sixty activists’ vehicles were impounded, and seven activists used sleeping dragons to attach themselves to DAPL equipment. Most activists arrested were charged with conspiracy to endanger by fire/explosion, engaging in a riot, and maintaining a public nuisance. Those arrested for using sleeping dragons were arrested for reckless endangerment. Since August 10, 411 people have been arrested with charges related to resisting the Dakota Access Pipeline, according to Morton County Sheriff’s Department. 

Activist woman being arrested - photo provided by Steve Gross

Activist woman being arrested – photo provided by Steve Gross

The arrests included one elder was taken while praying in a sweat lodge, Harold Frazier, chairman of the Cheyenne River Sioux Tribe said. He met with President Obama this week and said he “was a little disappointed” with the results.

“There are no weapons on our side,” Goldtooth said. “The only things we had were our bodies and prayer. At a moment that police were pushing us south, a herd of bison came running over the hills, stampeding, and everyone was ‘wooh,’ letting it out.” Several hundred bison stampeded behind the police line, creating panic, and spurred on by activists on horseback. Police helicopters swooped low, scaring the buffalo away, and the horsemen escaped, Goldtooth said.

The DAPL worker, activists name as Kyle Thompson, just before his arrest - photo provided by Steve Gross

The DAPL worker, activists name as Kyle Thompson, just before his arrest – photo provided by Steve Gross

The armed DAPL security employee was in his vehicle driving toward main camp when activists smashed his car off the road and tracked him into a nearby pond within sight of the main camp. The Bureau of Indian Affairs arrived and arrested the DAPL worker. The incident is under investigation by the Morton County Sheriff’s Department.

“This is just another part of 500 years of colonization and aggression that is predicated upon our oppression,” Goldtooth said. “The question I have to ask… is what’s it going to take for you to take accountability for your law enforcement officers? We’ve seen the lengths they’re willing to go support and back up a multi-billion dollar oil company in the face of peaceful protesters and protectors. We ask for prayers, we ask for thoughts, we ask for guided action from each and every one of you to help us stop this pipeline.”

“We request individuals here to protest the Dakota Access Pipeline to remain at the Seven Councils Fire Camp if they wish to continue lawful and peaceful activities,” Morton County Sheriff Kyle Kirchmeier said in a press release. “We thank also the Standing Rock tribal members and members of the Seven Council Fires Camp for assisting with de-escalating the situation at the Backwater Bridge.”

The north camp, or the Treaty Camp, was turned over to the Morton County Sheriff’s Department.

“There were things that were wrong,” Standing Rock Sioux Tribe Chairman Dave Archambault II said.

“It seems that Energy Transfer Partners is getting protection. We’re standing up for water, and not just for us, we’re standing up for water for everybody. We have the state officials supporting oil protection, we have elected state officials accepting contributions from oil companies. We have police who are militarized… we have unions who are trying to say we’re trying to take jobs away from them.

“Look at Trump who has direct interest in Dakota Access. This is a powerful conglomerate. And what do we have? Who are we? All we have is support, all we have is unity, all we have is our prayers. And it’s strong. We still have a chance. Everyone can still benefit, and everyone can still be happy. It can be done, and everyone will be happy.”

Pipeline route and razor wire off Highway 6 - photo by C.S. Hagen

Pipeline route and razor wire off Highway 6 – photo by C.S. Hagen

Energy Transfer Partners, the parent company of Dakota Access LLC run by oil tycoon Kelcy Warren, is being sued for illegally using dogs that attacked people, and for buying land [Cannon Ball Ranch] they should not have, Archambault said. Archambault also said that the individual arrested by the Bureau of Indian Affairs was an infiltrator, sent by Energy Transfer Partners, and that they have proof he was an employee of Energy Transfer Partners. “These agitators are put there for a reason, to make us look like villains… He had an assault rifle, and he fired it. We are not villains. This is the type of company everyone is protecting. What is driving this company is money and greed.”

Frazier added that he will be seeking charges of attempted murder against the infiltrator as there is video of the individual pointing a weapon at activists. Additionally, when asked for information about the individual he was told he would have to follow regular information protocol.

The U.S. Department of Justice has been to Standing Rock, and will assist in negotiation, according to Archambault. “But no matter how much we come together the company continues to construct… and everyone is protecting them. So they want us to sit down and talk while this company continues construction, and that’s difficult.

“This is not about protectors, not about state law enforcement, it’s about this company. It’s a bad company. Nobody should be protecting this company. We all should be focused on what we can do to protect water, and if we don’t do that, life is no more.”

Helicopter pushing stampeding bison away from police line - photo provided by Standing Rock

Helicopter pushing stampeding bison away from police line – photo provided by Standing Rock

Activists remained unmoved for hours - photo by C.S. Hagen

Activists at Backwater Bridge  – photo by C.S. Hagen

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attack Dog Handlers in the Wrong, No Charges Pending, Lawyers Threatened by FBI

Today is the day that they’re going to try and remove everybody

By C.S. Hagen
MANDAN – An investigation launched by Morton County Sheriff’s Department has proven the dog handlers on September 3 were not properly licensed to perform security work in the Peace Garden State.

But because security personnel cannot be identified, no charges are forthcoming from county law enforcement, according to Morton County Sheriff’s Department.

“Through this investigation it has become evident that many security companies have been hired to do security work for the DAPL pipeline project,” Morton County Captain Jay Gruebele said. “Although lists of security employees have been provided, there is no way of confirming whether the list is accurate or if names have been purposefully withheld.”

Dog handlers have come and gone, Gruebele said, making it impossible to identify who was involved.”

Seven dogs and seven handlers were involved during the September 3 dog attacks, Gruebele said. The attack dogs were deployed in an attempt to keep the activists under control.

The owner of Ohio-based Frost Kennels, a security firm that specializes in guard dogs, said they were at the scene on September 3.

12803132_948036555271881_4242097186663631363_n“We went out there to do a job and we did it,” Bob Frost, the owner, said. “So we just said f*ck it, and got our dogs, and tried to make a bridge between them and the workers. We did not go out to attack people, but they knocked down a fence and entered private property. I tell you what, if someone came onto my own yard, I’d have the right to shoot them, it’s the law.”

Today, Wednesday, October 26, may be the day Morton County Sheriff Kyle Kirchmeier plans to shut the activists down, Bruce Ellison, a long-term criminal defense lawyer, said. He heard the rumor second hand, and the report needs validation, he said.

“The Sheriff today said that today is the day that they’re going to try and remove everybody,” Ellison said. He is also the legal team coordinator of the Lawyer’s Guild Mass Defense Committee.

Ellison was disappointed with the news that no charges are pending.

“The sheriff’s department seems to be very inclined towards not doing that, not actually seeking to promote charges,” Ellison said. “The whole actions of the law enforcement seem to be geared toward going after people who were the victims rather than the assailants.

Dakota Access Pipeline private security - online sources

Dakota Access Pipeline private security with attack dog on September 3 – online sources

“The wounds that those dogs inflicted were horrific, and completely unnecessary and unprovoked. It is disconcerting that the people who have sworn to protect the people seem more interested in protecting corporations once again.”

The Lawyer’s Guild is preparing litigation. “We don’t intend to let this go. We are also very also concerned about the fact the Sheriff’s Department stood by and watched and the federal authorities at least have taken the position that there is no right to law enforcement protection, which is outrageous.

“It’s part of the systemic problem that people have as they try to exercise their First Amendment rights.

The Federal Bureau of Investigation’s fingerprints are all over the controversy, Ellison said. “This is a domestic security operation, and it was an FBI agent to one of our attorneys who mentioned that they didn’t see any violation of human rights or criminal, and that law enforcement has no obligation to protect people.”

The FBI is also investigating the firm’s lawyers, he said, and delivered an ominous threat.

“The FBI delivered an implicit threat to people out in the fields resisting the pipeline should not be surprised if some landowner shoots them,” Ellison said. “This is very outrageous. People are in the situation where they don’t have anywhere they can turn for protection.”

The entire area surrounding the new camp is militarized, and law enforcement is slowly circling closer, Ellison said. Hundreds of police officers from around the country are being brought in.

The Morton County Sheriff’s Department report has been forwarded to the Morton County State’s Attorney’s office and the North Dakota Private Investigators and Security Board for possible charges. The report also included an evaluation along the pipeline easement where the Standing Rock Sioux Tribe has repeatedly said hold significant sacred sites.

“Morton County is in concurrence with the North Dakota State Archaeologist’s findings that their inspection ‘yielded no evidence of human remains or significant sites’ along the DAPL construction corridor,” Gruebele said.

The Morton County Sheriff’s Department received no information on reports of bite injuries. At least six activists were bitten by dogs, according to Angela Bibens, camp attorney.

In addition, the Federal Aviation Administration instituted a no-fly zone at Cannonball yesterday, citing temporary hazardous conditions. The restrictions start at ground level and up to 4,000 feet, according to the FAA. 

“No pilots may operate an aircraft in the areas covered by this NOTAM,” the FAA reported. The FAA made an exception for aircraft flown by law enforcement for their tactical operation center.

Water and Oil Do Not Mix

Standing Rock Sioux Tribe begins its fight against Dakota Access Pipeline, activists arrested, governor declares emergency state

By C.S. Hagen
CANNON BALL, ND – The Bakken Pipeline began quietly, leaving few footprints along its legal trail straight into the U.S. Army Corps of Engineers’ lap. Shortly after the 1,172-mile project was green-lighted, protests erupted in western North Dakota. Arrests and lawsuits, calls for peace and threats of violence, followed.

On Friday, North Dakota Governor Jack Dalrymple issued an emergency situation due to civil unrest, according to Morton County Sheriff’s Department, and Morton County Commissioners extended the declaration on Monday.

The protest along the pipeline’s route less than one mile from the Standing Rock Sioux Reservation of North Dakota and South Dakota, started on August 10 when tribesmen blocked an access point for Dakota Access, LLC construction crews, effectively forcing workers to leave the area. A total of thirteen arrests were made, but the activists’ war cry did not change – water and oil do not mix.

Within a week the activists’ numbers grew from 200 to more than 2,000 people coming from across the United States and Canada, activists said.

Dakota Access Pipeline - Spirit of Cherry Valley Horses 8-15-2016 1971

Dakota Access Pipeline activists on horseback, Spirit of Cherry Valley – wet plate by Shane Balkowitsch

On August 15, Dakota Access LLC moved equipment and employees back to the construction route. A hole was cut into a fence, allowing access to more than 50 activists, leading to accounts of broken machinery windows and an assault on a private security worker, according to the Morton County Sheriff’s Department.

Activists on horseback charged police, forcing them to retreat from their line, according to the Morton County Sheriff’s Department. More arrests were made. As of Monday, a total of 29 activists, including Dave Archambault II, chairman of the Standing Rock Sioux Tribe, or the Hunkpapa Oyate, had been arrested, according to the Morton County Sheriff’s Department. Of those arrested, 26 were charged for disorderly conduct, and three were charged with criminal trespass. All have since been released.

A standoff between activists and law enforcement ensued.

Police and Highway Patrol guarding their line at the Dakota Access Pipeline Police - photo by Shane Balkowitsch

Law enforcement guarding their line at the Dakota Access Pipeline – wet plate by Shane Balkowitsch

Divergent movie series heroine Shailene Woodley during a protest in Bismarck, ND - courtesy of online sources

Divergent movie series heroine Shailene Woodley during a protest against the Dakota Access Pipeline in Bismarck, ND – courtesy of online sources

The outcry against big oil attracted Hollywood movie stars Leonardo DiCaprio’s attention, and on August 11 brought Divergent movie series heroine Shailene Woodley to join the protesters.

“The spirits are there, the people are there,” activist Margaret Landin said. “They are empowering each other.”

Tensions are brewing. While Archambault calls demonstrators to peace, Morton County Sheriff Kyle Kirchmeier fears for safety.

Black Land Rovers with tinted windows are parked nearby, watching, activists report. Authorities began investigating two incidents of laser strikes against aircraft conducting surveillance on the protesting encampment, according to the Morton County Sheriff’s Department. The strikes allegedly occurred on August 17 and Sunday, temporarily blinding one pilot, and is considered a federal crime leading to a fine or imprisonment for up to five years or both if convicted.

Six miles south of Mandan, State Highway Patrol troopers closed Highway 1806 to traffic. Cellular phone services have been terminated to the area, activists report. Local parks, campgrounds, boat ramps, and fishing areas have been shut down. Work on the pipeline has been halted. Rumors that construction workers had discovered old Native American burial grounds were not verified.

“We’re trying to provide a line, a safe line for the pipeline people to enter and to go and do their legal work,” Kirchmeier said. “And they were preparing to throw pipe bombs at our line, M-80s, fireworks, things of that nature to disrupt us.

“That, in itself, makes it an unlawful protest. In that area people are compromising the private land down there, and they’re compromising the equipment that is down there.”

Online threats have also been made on social media against the lives of law enforcement officials in the area, according to the Morton County Sheriff’s Department. “We take these comments very seriously,” Kirchmeier said. “We have to take these comments very seriously to protect not only officers’ safety, but residents who live in the area along with those participating in the protest activities. The threats are very concerning.”

Dalrymple’s declaration of an emergency situation was also instituted by fear.

“The State of North Dakota remains committed to protecting citizens’ rights to lawfully assemble and protest, but the unfortunate fact remains that unlawful acts associated with the protest near Cannon Ball have led to serious public safety concerns and property damage,” Dalrymple said in a press release on Friday . “This emergency declaration simply allows us to bring greater resources to bear if needed to help local officials address any further public safety concerns.”

Declaring an emergency situation also allows for the coordinated and effective effort of “appropriate government departments” to minimize the impact of the emergency, according to the executive order issued by Dalrymple. Rumors the National Guard had been called in for support were not verified at press time.

Senator Heidi Heitkamp, D-N.D., stressed the importance of protecting the rights of all parties involved, and that she would continue to meet with anyone wanting to discuss the issues.

“As North Dakota continues to reduce its reliance on moving crude by rail, producers will keep looking to pipelines as an important part of our energy infrastructure – both for our state and the nation,” Heitkamp said.

“Just as with any infrastructure project, we need to make sure the Dakota Access Pipeline is thoroughly vetted, reviewed, and if approved has the proper safeguards in place. It’s critical that as federal agencies like the Army Corps of Engineers review energy infrastructure projects, they follow all applicable environmental requirements, and respect treaty rights and as well as the need for proper consultation with tribal nations.”

Activists and law enforcement - photos by Shane Balkowitsch

Cherry Creek singers with drum and law enforcement – Corey Carson of Elevate Studios, Bismarck

Dr. Sarah Jumping Eagle was among the first people arrested at the encampment. She was released on bail. Jumping Eagle is a mother of three, and a pediatrician at a hospital in Standing Rock.

Dr. Sarah Jumping Eagle

Dr. Sarah Jumping Eagle

“It’s very frustrating seeing the actions by the state, they’re the ones escalating this and spreading misinformation,” Jumping Eagle said. “They’re using falsehoods to find ways to escalate their own agenda.

“Historically, they would hype up in the newspaper, hype up the local people, hype up the police forces, so that basically the Army could come in. That’s the history of the United States. There is no incentive for them to take it down a notch, there’s a financial incentive to make it appear our camp is potentially violent or threatening.

“Yes, we are protesting and protecting the land,” Jumping Eagle said. “But people are doing that in the manner that is consistent with our beliefs.”

On Monday, the Standing Rock Sioux Tribe and the International Indian Treaty Council appealed to the United Nations for assistance, according to media outlet Indian Country.

“We specifically request that the United States Government impose an immediate moratorium on all pipeline construction until the Treaty Rights and Human Rights of the Standing Rock Tribe can be ensured and their free, prior and informed consent is obtained,” Archambault and the Treaty Council said in their petition to the United Nations.

 

The Seventh Generation

Landin joins the protest traveling from her home in Bismarck every other day. Families with infants, the young and the elderly, Native Americans, and people from all races and cultures have gathered in the Dakota prairie. Citizens are donating food, sleeping bags, outdoor chairs, drinking and washing water, Landin said, and she has not seen or heard of pipe bombs or weapons, in fact, protest organizers do not allow weapons, drugs, or alcohol on to the encampment grounds, she said.

“It is an amazing thing to see,” Landin said. “I literally tear-ed up, there are so many people there to support, and it doesn’t even matter your race.”

No firearms, no alcohol, no cameras allowed, photographer and ambrotypist Shane Balkowitsch said. He traveled from Bismarck to photograph the encampment using the wet plate photography technique, a painstaking process where exposures must be quickly developed in a dark room on scene. Balkowitsch was one of the first to photographers on the scene, he said, and he joined the protest to support the friends he met during his recent work on a photography project for for the Historical Society of North Dakota called “Northern Plains Native Americans: A Modern Wet Plate Perspective.”

“I saw no weapons, no pushing,” Balkowitsch said. “It was a civil and peaceful protest. They are very adamant, very dedicated to this obviously, but being dedicated to something is not a bad thing.

“I was treated with hugs.”

Longtime activist Winona Laduke may ride horseback at Stanley Rock, where the thousands camped at Camp of the Sacred Stone are attracting more support every day. Since nearby highways have been blocked, activists are leading supporters into the area on foot. “They’re trying to put the squeeze on this tribe by blocking the highway to their casino and to the protest. And it has backfired on themselves,” Laduke said.

The ‘squeeze’ is not working.

As the executive director of the Native American environmental group Honor the Earth, and twice Ralph Nader’s Green Party vice presidential candidate, Laduke traveled from her home at White Earth Reservation in Minnesota and stayed two days at the encampment. Friday night during a rainstorm, more than 800 people ate dinner at the tribe’s Prairie Knights Casino, Laduke said. “It’s having a booming business. And this talk about pipe bombs is just not true. They’re using [smoking] pipes. I even brought my pipe down there. There are no bombs, no weapons.”

Activists at the Dakota Access Pipeline - by Police guarding their line at the Dakota Access Pipeline Police - photo by Shane Balkowitsch

Speaker giving talk to activists, or protectors, at the Dakota Access Pipeline – wet plate by Shane Balkowitsch

Laduke spent her birthday at the encampment, among the rolling prairie hills where she could imagine the buffalo that once roamed freely. Nestled against the Missouri River – the mother river – Laduke said it was the best birthday present she could have hoped for.

Winona Laduke

Winona Laduke

“I picked sage, sat in my tipi, and joined in with about 40 people younger than me,” Laduke said. “That is a pretty good birthday present to myself.”

Landin noticed a difference in the protesters, a difference that invokes an ancient prophecy.

“It is the youth,” Landin said. “The youth are really standing up and speaking out. They are a different generation. They are the Seventh Generation.”

The Seventh Generation, descendants of those forced into reservations approximately 140 years ago, are supposed to set rights to wrongs, Landin said. The principle is more than legend or prophecy; it is recorded in the Iroquois Great Law of Peace.

Besides being involved in the protest, young activists, or protectors as activists call themselves, participated in a relay footrace from western North Dakota to Washington DC called “Run for Our Water” earlier in 2016, and then joined protests before the US Supreme Court and at the U.S. Army Corps of Engineers.

 

The Pipeline

Despite Standing Rock Sioux objections, the Bakken Pipeline, officially known as the Dakota Access Pipeline, began in May 2016, and if finished will snake through the states of North Dakota, South Dakota, Iowa, and Illinois, where it will join up with a second 774-mile pipeline to Nederland, Texas. More than 570,000 barrels of Bakken crude oil will pass through the pipeline per day after it is finished third quarter 2016, according to the U.S. Army Corps of Engineers.

Oil Pipeline - Grand Forks Herald

Oil Pipeline – Grand Forks Herald

The Dakota Access LLC pipeline, which is a joint venture between Enbridge Energy Partners LP and Marathon Petroleum Corporation, would also span 200 water crossings, according to the U.S. Fish and Wildlife Commission, and in North Dakota alone would pass through 33 historical and archeological sites. Initially, the pipeline was to run north of Bismarck, but because it proved to be a potential threat to Bismarck’s wellhead source water protection areas, the route was cancelled and relocated to its current course, less than a mile from the Standing Rock Sioux Tribe reservation, according to the U.S. Army Corps of Engineers.

According to a U.S. Army Corps of Engineers employee, who for the sake of his job wished to remain anonymous, a safe oil pipeline does not exist. Erosion by time, plate tectonics, natural disasters, shoddy workmanship or faulty parts, and cutting corners to fill big oil coffers are part of any pipeline recipe.

Since 2010, more than 3,300 incidents of crude oil and liquefied natural gas leaks or ruptures have occurred in pipelines within the United States, according to the Center for Effective Government. The incidents have killed 80 people, injured 389, and have created $2.8 billion in damages, not to mention the lingering effect on humans, and the release of toxic chemicals into soil, waterways, and air. Nearly one third of the spills since 2010 came from pipelines carrying crude oil, as the Dakota Access Pipeline plans to carry.

In 2010, the first year after the Keystone pipeline was completed, 35 leaks were discovered, according to Earthjustice, an environmental law organization.

Dave Archambault II

Dave Archambault II

In a statement from Archambault on August 16, the chairman of the Standing Rock Sioux Tribe said the issue is not only a Lakota or Dakota issue, but it is a human issue.

“I am here to advise anyone that will listen that the Dakota Access Pipeline project is harmful,” Archambault said. “It will not be just harmful to my people but its intent and construction will harm the water in the Missouri River, which is one of the cleanest and safest river tributaries left in the Unit States. To poison the water is to poison the substance of life. Everything that moves must have water.

“How can we talk about and knowingly poison water?”

 

Legal Warriors

On July 27, the Standing Rock Sioux Tribe represented by Earthjustice filed a lawsuit in the United States District Court for the District of Columbia against the U.S. Army Corps of Engineers claiming that the project violated the “National Historic Preservation Act” by endangering river waters and by authorizing the construction of the pipeline underneath Lake Oahe, a dammed section of the Missouri River, approximately half a mile upstream from the tribe’s reservation. In the lawsuit, the tribe sought an injunction against the U.S. Army Corps of Engineers in addition to a full inspection of compliance, and a declaration that the corps’ authorizations for the pipeline were in violation of the reservation’s rights according to the two Treaties of Fort Laramie in 1851 and 1868.

Activists at the Dakota Access Pipeline - Police guarding their line at the Dakota Access Pipeline Police - photo by Shane Balkowitsch

Gathering crowd at the Dakota Access Pipeline  – wet plate by Shane Balkowitsch

“The current proposed route across Lake Oahe a half of a mile upstream of the tribe’s reservation boundary, where any leak or spill from the pipeline would flow into the reservation,” the lawsuit said. “The tribe and its members have been deeply concerned about the potential impacts of the Lake Oahe crossing since its inception.”

The tribe, according to the lawsuit, relies on the lake for drinking water for thousands of people, and for irrigation, fishing, recreation, and for cultural and religious practices. “An oil spill from the pipeline into Lake Oahe would cause an economic, public health and welfare, and cultural crisis of the greatest magnitude,” according to lawsuit documents.

Fearing bodily injury to Dakota Access LLC employees and contractors, the oil company struck back, filing restraining orders on August 15 and seeking monetary damages against members of the Standing Rock Sioux tribe.

Meanwhile, other issues are piling up for Dakota Access LLC.

On July 20 Enbridge Energy Partners LLP was ordered by the Justice Department and the EPA to pay $177 million for its responsibility in the 2010 Michigan Tar Sands Spill. Enbridge spent six years and more than one billion dollars in cleanup efforts, but the area was not restored, according to media outlet Bold Nebraska.

After spending millions, and wasting years battling for approval of a Bakken crude oil pipeline across Minnesota, Enbridge Energy Partners LLP switched gears, joining with Marathon Petroleum Corporation to run a different pipeline, the Dakota Access Pipeline, through North Dakota, a state that is far less strict on environmental issues than Minnesota. The Minnesota Sandpiper pipeline has been put on the back burner until 2019, according to Enbridge, and analysts predict the project will never be resurrected.

In Iowa where work on the pipeline is underway, three fires erupted causing heavy damage to equipment and causing an estimated $1 million in damages. Investigators suspect arson, according to Jasper County Sheriff John Halferty.

In October 2015, three Iowa farmers sued Dakota Access LLC and the Iowa Utilities Board in an attempt to prevent the use of eminent domain on their properties to construct the pipeline.

Dakota Access LLC personnel did not return telephone calls by press time.

 

More Dirty Blankets

Tribal leaders claim the U.S. Army Corps of Engineers did not discuss the pipeline project adequately.

“The tribe has never been able to participate meaningfully in assessing the significance of sites that are potentially affected by the project,” the Standing Rock Sioux Tribe lawsuit stated.

The Standing Rock Tribal Historic Preservation Office received a generic letter from the U.S. Army Corps of Engineers seeking consultation on February 12, 2015 pertaining to bore hole testing, according to the lawsuit documents.

Tribal leaders objected, but received no response until September 16, 2015, when a second letter stated the consultation process ended on January 18, 2015, according to lawsuit documents. Again, tribal leaders objected, demanding joint consultation and a class III survey in conjunction with tribal archeologists.

Camp of the Sacred Stone at Cannon Ball, ND - Police guarding their line at the Dakota Access Pipeline Police - photo by Shane Balkowitsch

Camp of the Sacred Stone at Cannon Ball, ND – wet plate by Shane Balkowitsch

Instead of addressing concerns, the U.S. Army Corps of Engineers’ next step was to publish a draft environmental assessment that did not include a single mention of the potential impacts of the pipeline project to the tribe, according to lawsuit documents.

Not until February 2016 did the U.S. Army Corps of Engineers Colonel John Henderson begin discussions with Standing Rock Sioux tribal leaders. Several visits were made, at which point tribal archeologists showed military personnel shards of bone and pottery that had been pushed from the ground by burrowing moles.

On April 22, 2016, the U.S. Army Corps of Engineers’ response was to make the formal finding that “no historic properties were affected,” according to lawsuit documents.

The U.S. Army Corps of Engineers disagreed, stating that investigators followed procedure.

“The Corps conducted formal government-to-government consultation with tribal representative via meetings; site visits; distribution of pertinent information; conference calls, and emails in order to inform tribal governments and private members, and to better understand their concerns.

“All information received during the … process was considered during the Corps decision-making process. Ultimately, the District made a ‘No Historic Properties Affected’ determination.”

Historically, British and American governments have deceived Native Americans by many means, through trick, by trade, and according to some, with biological warfare.

In 1763, a British captain gave smallpox-infested blankets to Ottawa Native American warriors. The account is documented in the journal of William Trent, a local trader who had close dealings with British soldiers.

“Out of our regard for them, we gave them two blankets and a handkerchief out of the smallpox hospital. I hope it will have the desired effect,” Trent wrote in his journal on June 24, 1763.

Carl Waldman’s Atlas of North American Indian described the same instance, but in a different light. “… Captain Simeon Ecuyer had bought time by sending smallpox-infected blankets and handkerchiefs to the Indians surrounding the fort – which started an epidemic among them.”

Historians estimate three-quarters of the Native American population in the Ottawa area died from smallpox outbreaks after taking the blankets, according to media outlet Indian Country. Many agree that germs annihilated Native Americans, and not the “white man with guns.”

An unsubstantiated instance allegedly occurred in June 1837 when the U.S. Army began to dispense trade blankets to Mandan tribal people at Fort Clark along the Missouri River in North Dakota, according to the History News Network. The blankets were said to have come from a military smallpox infirmary in St. Louis, and brought upriver aboard the steamboat St. Peter’s. When the Native Americans showed symptoms of the disease, fort doctors allegedly told them to scatter and seek sanctuary with healthy relatives.

No matter how disease was introduced to the Mandan tribe in 1837, more than 100,000 Mandan Native Americans died from smallpox pandemic between 1836 and 1840, according to historians.

Closer to home, the events from Pine Ridge Reservation in South Dakota during 1890 and the 1970s have further exacerbated mistrust between the U.S. government and the Lakota people. In 1890, Sitting Bull, a holy man and leader of the Lakota, was killed during the Ghost Dance movement at Wounded Knee. Later that year the U.S. Army’s 7th Cavalry surrounded another band of Ghost Dancers slaughtering 150 Lakota tribesmen.

"The Grand River at Sitting Bull's Cabin" on Grand River, about 100 yards from where Sitting Bull was gunned down. The Grand River is a tributary of the Missouri River - photo by Shane Balkowitsch

“The Grand River at Sitting Bull’s Cabin” about 100 yards from where Sitting Bull was gunned down. The Grand River is a tributary of the Missouri River – wet plate by Shane Balkowitsch taken on July 9, 2016 accompanied by Ernie LaPoint great grandson of Sitting Bull

In 1970, the American Indian Movement known as AIM occupied the Wounded Knee holy site, sparking a 71-day siege by federal agents. Two Native Americans were killed, and one federal officer was paralyzed during altercations. In 1975, AIM activists killed two FBI agents during the “Pine Ridge Shootout.”

Additionally, in 1944, the Pick-Sloan Plan for flood control of the Missouri River gave the U.S. Army Corps of Engineers the authority to build 107 dams, effectively forcing the relocation of nearly 1,000 Native American families. Later in 1946, the U.S. Army Corps of Engineers began construction on the Fort Randall Dam in South Dakota, which in turn flooded 22,091 acres of Yankton Sioux land and forced 136 families to move elsewhere. According to online reports when the tribes affected informed the Department of Interior, government officials told them to start looking for new homes.

Again, in 1948, the U.S. Army Corps of Engineers began construction of the Oahe Dam, near to the demonstrations against the Dakota Access Pipeline today. The project destroyed 90 percent of the timberland on the Standing Rock Sioux and the Cheyenne River Sioux reservations, and is known by some as the most destructive public works project in US history.

In 1959, the U.S. Army Corps of Engineers began work on the Big Bend Dam in South Dakota, on lands belonging to the Crow Creek Sioux and the Lower Brule Sioux. The project took away 21,026 acres of Sioux land, and flooded the town of Lower Brule. In 1960, the U.S. Army Corps of Engineers filed a condemnation suit against the Crow Creek Sioux and the Lower Brule Sioux to obtain the land. The U.S. Army Corps of Engineers was allowed to take title of the land.

For more than 130 years in the Black Hills, South Dakota, gold miners, and in recent history the Homestake Mine, poisoned river waters with sulfur, mercury, aluminum, cadmium, copper, iron, selenium, lead, and arsenic through Native American, private, state, and federal lands, according to a 2005 report filed by the United States Department of Interior, Bureau of Land Management, United States Department of Interior, Fish and Wildlife Services, and the South Dakota Game, Fish and Parks. The aftereffects of a century of gold and lead mining are toxic to flora and fauna, according to the report. Starting in 2005, efforts were being made to restore the areas affected along the Whitewood Creek, the Belle Fourche, and the Cheyenne rivers, and the Homestake Mining Company of California, Inc. ceased mining and production in 2001.

Whitewood Creek flows into the Belle Fourche River, which flows into the Cheyenne River, which flows into the Missouri River at Oahe Reservoir, according to the report.

“Whitewood Creek is an example of gross environmental degradation tacitly condoned by public apathy…” the report stated. “Once pollutants were no longer discharged, the ecosystem repaired itself, a tribute to its resilience… this story has not reached its conclusion… and the potential for future problems with heavy toxicity are real.”

The poisoning, swallowing, and destruction of Native American lands not only forced tribesmen to move, it crippled their way of life, their hunting and fishing grounds, their chance to sow crops on once fertile soil, their spiritual practices pertaining to ancient burial grounds, and further impoverished those living on reservations, government reports and activists said.

With such a historical pattern of deception and at times brute force, it is little wonder why Native Americans distrust anything government officials say, activists said.

Dakota Access Pipeline activists - Police guarding their line at the Dakota Access Pipeline Police - photo by Shane Balkowitsch

Dakota Access Pipeline activists gathering – wet plate by Shane Balkowitsch

“Native people including the Lakota, have no experience with the United States keeping its word, or that of corporations keeping their words,” Laduke said. “It is time for people to start keeping their words. They have a treaty right to that water.

“Corporations have more rights than people and eco-systems,” Laduke said. “These corporations need to be challenged. I am not afraid of them, and we all should not be afraid of corporations. They need to be put in their place.”

Although Jumping Eagle has charges hovering over her head, she is not daunted.

Jumping Eagle, an Oglala Sioux who married into the Standing Rock tribe, lives and works there, and she did not plan on getting arrested. A court date has been set, but she is not daunted. Instead, she plans to create hand-washing stations at the encampment.

“This is not something I take lightly, I keep it in mind, but I want to be able to protect the land and water. This is a crucial time. For too long we’ve allowed corporations to be more important than people. The company and the police are protecting the interests of an oil company directly violating the rights of people. We’ve already suffered enough. The fact that they want to place the pipe just north of our community when we are already dealing with so many other issues that could threaten our drinking water, and put us into a situation like Flint, and people will have to buy water? Is not right.

Activists on horseback and along their line - photos by Shane Balkowitsch

Activists on horseback and along their line – Corey Carson of Elevate Studios, Bismarck

“They think they can do whatever they want,” Jumping Eagle said. Not only is she active against Dakota Access Pipeline, she has also worked on other environmental issues ranging from new North Dakota Health Council regulations permitting the increased storage of oilfield waste – radioactive materials and chemicals – to fighting local uranium mines. “They think we are expendable or without a voice, without a choice. Going across Standing Rock land is against the treaty. But people don’t want to think about it. People want to trust their officials. The arguments they make are just trying to reassure themselves.”

Despite the deck being heavily stacked against her and her family, her tribe, and anyone living near or depending on the Missouri River or its tributaries for sustenance, Jumping Eagle remains hopeful that one day, things will change.

“Our concerns are never going to change.”

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