Wounded Knee Massacre

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Wounded Knee Massacre
Part of the Ghost Dance War and the Sioux Wars
Mass grave for the murdered Lakota after the massacre
Date December 29, 1890 Location Wounded Knee Creek, South Dakota Result (See the Fight and ensuing massacre section)
Belligerents
United States	Miniconjou Lakota Hunkpapa Lakota
Commanders and leaders
James W. Forsyth	Spotted Elk †
Strength
490 effectives: 7th U.S. Cavalry: 438 troopers 22 artillerymen with four 1.65–inch guns 30 Oglala Indian scouts	120 men
Casualties and losses
25 killed, 39 wounded (6 fatally)	250–300 killed: 90 men killed 200 women and children killed 51 wounded (7 fatally) Native American losses include civilian casualties
The largest domestic massacre in U.S history.

The Wounded Knee Massacre (also called the Battle of Wounded Knee) was a domestic massacre of several hundred Lakota Indians, mostly women and children, by soldiers of the United States Army. It occurred on December 29, 1890, near Wounded Knee Creek (Lakota: Čhaŋkpé Ópi Wakpála) on the Lakota Pine Ridge Indian Reservation in the U.S. state of South Dakota, following a botched attempt to disarm the Lakota camp. 

The previous day, a detachment of the U.S. 7th Cavalry Regiment commanded by Major Samuel M. Whitside intercepted Spotted Elk's band of Miniconjou Lakota and 38 Hunkpapa Lakota near Porcupine Butte and escorted them 5 miles (8.0 km) westward to Wounded Knee Creek, where they made camp. The remainder of the 7th Cavalry Regiment, led by Colonel James W. Forsyth, arrived and surrounded the encampment. The regiment was supported by a battery of four Hotchkiss mountain guns.

On the morning of December 29, the U.S. Cavalry troops went into the camp to disarm the Lakota. One version of events claims that during the process of disarming the Lakota, a deaf tribesman named Black Coyote was reluctant to give up his rifle, claiming he had paid a lot for it. Simultaneously, an old man was performing a ritual called the Ghost Dance. Black Coyote's rifle went off at that point, and the U.S. army began shooting at the Native Americans. The Lakota warriors fought back, but many had already been stripped of their guns and disarmed.

By the time the massacre was over, between 250 and 300 men, women, and children of the Lakota had been killed and 51 were wounded (4 men and 47 women and children, some of whom died later); some estimates placed the number of dead at 300. Twenty-five soldiers also died, and 39 were wounded (6 of the wounded later died). At least twenty soldiers were awarded the Medal of Honor. In 2001, the National Congress of American Indians passed two resolutions condemning the military awards and called on the U.S. government to rescind them.

The Wounded Knee Battlefield, site of the massacre, has been designated a National Historic Landmark by the U.S. Department of the Interior. In 1990, both houses of the U.S. Congress passed a resolution on the historical centennial formally expressing "deep regret" for the massacre.

Prelude

The Ghost Dance as depicted

 

In the years leading up to the conflict, the U.S. government had continued to seize Lakota lands. The once-large bison herds, a staple of the Great Plains indigenous peoples, had been hunted to near-extinction by European settlers. Treaty promises to protect reservation lands from encroachment by settlers and gold miners were not implemented as agreed. As a result, there was unrest on the reservations. During this time, news spread among the reservations of a Paiute prophet named Wovoka, founder of the Ghost Dance religion. He had a vision that the Christian Messiah, Jesus Christ, had returned to Earth in the form of a Native American.

According to Wovoka, the Messiah would raise all the Native American believers above the earth. During this time, the white invaders would disappear from Native lands, the ancestors would lead them to good hunting grounds, the buffalo herds and all the other animals would return in abundance, and the ghosts of their ancestors would return to Earth—hence the word ghost in "Ghost Dance". They would then return to earth to live in peace. All this would be brought about by performance of the slow and solemn Ghost Dance, performed as a shuffle in silence to a slow, single drumbeat. Lakota ambassadors to Wovoka, Kicking Bear and Short Bull taught the Lakota that while performing the Ghost Dance, they would wear special Ghost Dance shirts as seen by Black Elk in a vision. Kicking Bear said the shirts had the power to repel bullets.

U.S. settlers were alarmed by the sight of the many Great Basin and Plains tribes performing the Ghost Dance, worried that it might be a prelude to armed attack. Among them was the U.S. Indian agent at the Standing Rock Agency where Chief Sitting Bull lived. U.S. officials decided to take some of the chiefs into custody in order to quell what they called the "Messiah craze". The military first hoped to have Buffalo Bill—a friend of Sitting Bull—aid in the plan, to reduce the chance of violence. Standing Rock agent James McLaughlin overrode the military and sent the Indian police to arrest Sitting Bull. 

On December 15, 1890, 40 Native American policemen arrived at Sitting Bull's house to arrest him. When Sitting Bull refused to comply, the police used force on him. The Sioux in the village were enraged. Catch-the-Bear, a Lakota, shouldered his rifle and shot Lt. Bullhead, who reacted by firing his revolver into the chest of Sitting Bull. Another police officer, Red Tomahawk, shot Sitting Bull in the head, and he dropped to the ground. He died between 12 and 1 p.m. After Sitting Bull's death, 200 members of his Hunkpapa band, fearful of reprisals, fled Standing Rock to join Chief Spotted Elk (later known as "Big Foot") and his Miniconjou band at the Cheyenne River Indian Reservation.

Spotted Elk and his band, along with 38 Hunkpapa, left the Cheyenne River Reservation on December 23 to journey to the Pine Ridge Indian Reservation to seek shelter with Red Cloud.

Former Pine Ridge Indian agent Valentine T. McGillycuddy was asked his opinion of the "hostilities" surrounding the Ghost Dance movement, by General Leonard Wright Colby, commander of the Nebraska National Guard (portion of letter dated January 15, 1891):

"As for the 'Ghost Dance' too much attention has been paid to it. It was only the symptom or surface indication of a deep rooted, long existing difficulty; as well treat the eruption of small pox as the disease and ignore the constitutional disease."

"As regards disarming the Sioux, however desirable it may appear, I consider it neither advisable, nor practicable. I fear it will result as the theoretical enforcement of prohibition in Kansas, Iowa and Dakota; you will succeed in disarming and keeping disarmed the friendly Indians because you can, and you will not succeed with the mob element because you cannot."

"If I were again to be an Indian agent, and had my choice, I would take charge of 10,000 armed Sioux in preference to a like number of disarmed ones; and furthermore agree to handle that number, or the whole Sioux nation, without a white soldier. Respectfully, etc., V.T. McGillycuddy.

"P.S. I neglected to state that up to date there has been neither a Sioux outbreak or war. No citizen in Nebraska or Dakota has been killed, molested or can show the scratch of a pin, and no property has been destroyed off the reservation."

General Miles's telegram

General Miles sent this telegram from Rapid City to General John Schofield in Washington, D.C., on December 19, 1890: "The difficult Indian problem cannot be solved permanently at this end of the line. It requires the fulfillment of Congress of the treaty obligations that the Indians were entreated and coerced into signing. They signed away a valuable portion of their reservation, and it is now occupied by white people, for which they have received nothing." "They understood that ample provision would be made for their support; instead, their supplies have been reduced, and much of the time they have been living on half and two-thirds rations. Their crops, as well as the crops of the white people, for two years have been almost total failures." "The dissatisfaction is wide spread, especially among the Sioux, while the Cheyennes have been on the verge of starvation, and were forced to commit depredations to sustain life. These facts are beyond question, and the evidence is positive and sustained by thousands of witnesses."

Fight and ensuing massacre

Miniconjou, Lakota Sioux Chief Spotted Elk lies dead after the massacre of Wounded Knee, 1890

 

After being called to the Pine Ridge Agency, Spotted Elk of the Miniconjou Lakota nation and 350 of his followers were making the slow trip to the agency on December 28, 1890, when they were met by a 7th Cavalry detachment under Major Samuel M. Whitside southwest of Porcupine Butte. John Shangreau, a scout and interpreter who was half Sioux, advised the troopers not to disarm the Indians immediately, as it would lead to violence. The troopers escorted the Native Americans about five miles westward (8 km) to Wounded Knee Creek where they told them to make camp. Later that evening, Colonel James W. Forsyth and the rest of the 7th Cavalry arrived, bringing the number of troopers at Wounded Knee to 500. In contrast, there were 350 Lakota: 230 men and 120 women and children. The troopers surrounded Spotted Elk's encampment and set up four rapid-fire Hotchkiss-designed M1875 mountain guns.

At daybreak on December 29, 1890, Forsyth ordered the surrender of weapons and the immediate removal of the Lakota from the "zone of military operations" to awaiting trains. A search of the camp confiscated 38 rifles, and more rifles were taken as the soldiers searched the Indians. None of the old men were found to be armed. A medicine man named Yellow Bird allegedly harangued the young men who were becoming agitated by the search, and the tension spread to the soldiers.

Specific details of what triggered the massacre are debated. According to some accounts, Yellow Bird began to perform the Ghost Dance, telling the Lakota that their "ghost shirts" were bulletproof. As tensions mounted, Black Coyote refused to give up his rifle; he spoke no English and was deaf, and had not understood the order. Another Indian said: "Black Coyote is deaf," and when the soldier persisted, he said, "Stop. He cannot hear your orders." At that moment, two soldiers seized Black Coyote from behind, and (allegedly) in the struggle, his rifle discharged. At the same moment, Yellow Bird threw some dust into the air, and approximately five young Lakota men with concealed weapons threw aside their blankets and fired their rifles at Troop K of the 7th. After this initial exchange, the firing became indiscriminate.

Soldiers pose with three of the four Hotchkiss-designed M1875 mountain guns used at Wounded Knee. The caption on the photograph reads: "Famous Battery 'E' of the 1st Artillery. These brave men and the Hotchkiss guns that Big Foot's Indians thought were toys, Together with the fighting 7th what's left of Gen. Custer's boys, Sent 200 Indians to that Heaven which the ghost dancer enjoys. This checked the Indian noise, and Gen. Miles with staff Returned to Illinois."

 

According to commanding General Nelson A. Miles, a "scuffle occurred between one deaf warrior who had [a] rifle in his hand and two soldiers. The rifle was discharged and a battle occurred, not only the warriors but the sick Chief Spotted Elk, and a large number of women and children who tried to escape by running and scattering over the prairie were hunted down and killed."

At first all firing was at close range; half the Indian men were killed or wounded before they had a chance to get off any shots. Some of the Indians grabbed rifles from the piles of confiscated weapons and opened fire on the soldiers. With no cover, and with many of the Indians unarmed, this lasted a few minutes at most. While the Indian warriors and soldiers were shooting at close range, other soldiers used the Hotchkiss guns against the tipi camp full of women and children. It is believed that many of the soldiers were victims of friendly fire from their own Hotchkiss guns. The Indian women and children fled the camp, seeking shelter in a nearby ravine from the crossfire. The officers had lost all control of their men. Some of the soldiers fanned out and finished off the wounded. Others leaped onto their horses and pursued the Natives (men, women, and children), in some cases for miles across the prairies. In less than an hour, at least 150 Lakota had been killed and 50 wounded. Historian Dee Brown, in Bury My Heart at Wounded Knee, mentions an estimate of 300 of the original 350 having been killed or wounded and that the soldiers loaded 51 survivors (4 men and 47 women and children) onto wagons and took them to the Pine Ridge Reservation. Army casualties numbered 25 dead and 39 wounded.

Eyewitness accounts

Brothers, (left to right) White Lance, Joseph Horn Cloud, and Dewey Beard, Wounded Knee survivors; Miniconjou Lakota

 

"What's left of Big Foot's band": John Grabill, 1891

• Thomas Tibbles (1840–1928), journalist:

"Suddenly, I heard a single shot from the direction of the troops. Then three or four. A few more. And immediately, a volley. At once came a general rattle of rifle firing then the Hotchkiss guns."

• Dewey Beard (Iron Hail, 1862–1955), Minneconjou Lakota survivor: as told to Eli S. Ricker :

"... then many Indians broke into the ravine; some ran up the ravine and to favorable positions for defense."

• Black Elk (1863–1950); medicine man, Oglala Lakota:

"I did not know then how much was ended. When I look back now from this high hill of my old age, I can still see the butchered women and children lying heaped and scattered all along the crooked gulch as plain as when I saw them with eyes young. And I can see that something else died there in the bloody mud, and was buried in the blizzard. A people's dream died there. It was a beautiful dream ... the nation's hope is broken and scattered. There is no center any longer, and the sacred tree is dead."

• American Horse (1840–1908); chief, Oglala Lakota:

"There was a woman with an infant in her arms who was killed as she almost touched the flag of truce ... A mother was shot down with her infant; the child not knowing that its mother was dead was still nursing ... The women as they were fleeing with their babies were killed together, shot right through ... and after most all of them had been killed a cry was made that all those who were not killed or wounded should come forth and they would be safe. Little boys ... came out of their places of refuge, and as soon as they came in sight a number of soldiers surrounded them and butchered them there."

• Edward S. Godfrey; captain; commanded Co. D of the 7th Cavalry:

"I know the men did not aim deliberately and they were greatly excited. I don't believe they saw their sights. They fired rapidly but it seemed to me only a few seconds till there was not a living thing before us; warriors, squaws, children, ponies, and dogs ... went down before that unaimed fire." (Godfrey was a lieutenant in Captain Benteen's force during the Battle of the Little Bighorn.)

• Hugh McGinnis; First Battalion, Co. K, 7th Cavalry:

"General Nelson A. Miles who visited the scene of carnage, following a three-day blizzard, estimated that around 300 snow shrouded forms were strewn over the countryside. He also discovered to his horror that helpless children and women with babies in their arms had been chased as far as two miles from the original scene of encounter and cut down without mercy by the troopers. ... Judging by the slaughter on the battlefield it was suggested that the soldiers simply went berserk. For who could explain such a merciless disregard for life? ... As I see it the battle was more or less a matter of spontaneous combustion, sparked by mutual distrust ..."

Aftermath

View of canyon at Wounded Knee, dead horses and Lakota bodies are visible

 

Civilian burial party, loading victims on a cart for burial

 

Following a three-day blizzard, the military hired civilians to bury the dead Lakota. The burial party found the deceased frozen; they were gathered up and placed in a mass grave on a hill overlooking the encampment from which some of the fire from the Hotchkiss guns originated. It was reported that four infants were found alive, wrapped in their deceased mothers' shawls. In all, 84 men, 44 women, and 18 children reportedly died on the field, while at least seven Lakota were mortally wounded. Miles denounced Forsyth and relieved him of command. An exhaustive Army Court of Inquiry convened by Miles criticized Forsyth for his tactical dispositions but otherwise exonerated him of responsibility. The Court of Inquiry, however, was not conducted as a formal court-martial. 

The secretary of war concurred with the decision and reinstated Forsyth to command of the 7th Cavalry. Testimony had indicated that for the most part, troops attempted to avoid non-combatant casualties. Miles continued to criticize Forsyth, whom he believed had deliberately disobeyed his commands in order to destroy the Indians. Miles promoted the conclusion that Wounded Knee was a deliberate massacre rather than a tragedy caused by poor decisions, in an effort to destroy the career of Forsyth. This was later whitewashed and Forsyth was promoted to major general.

The American public's reaction to the massacre at the time was generally favorable. Many non-Lakota living near the reservations interpreted the battle as the defeat of a murderous cult; others confused Ghost Dancers with Native Americans in general. In an editorial response to the event, the young newspaper editor L. Frank Baum, later the author of The Wonderful Wizard of Oz, wrote in the Aberdeen Saturday Pioneer on January 3, 1891:

The Pioneer has before declared that our only safety depends upon the total extermination of the Indians. Having wronged them for centuries, we had better, in order to protect our civilization, follow it up by one more wrong and wipe these untamed and untamable creatures from the face of the earth. In this lies future safety for our settlers and the soldiers who are under incompetent commands. Otherwise, we may expect future years to be as full of trouble with the redskins as those have been in the past.

Soon after the event, Dewey Beard, his brother Joseph Horn Cloud, and others formed the Wounded Knee Survivors Association, which came to include descendants. They sought compensation from the U.S. government for the many fatalities and injured. Today the association is independent and works to preserve and protect the historic site from exploitation, and to administer any memorial erected there. Papers of the association (1890–1973) and related materials are held by the University of South Dakota and are available for research. It was not until the 1990s that a memorial to the Lakota was included in the National Historic Landmark. 

More than 80 years after the massacre, beginning on February 27, 1973, Wounded Knee was the site of the Wounded Knee incident, a 71-day standoff between militants of the American Indian Movement—who had chosen the site for its symbolic value—and federal law enforcement officials.

Stranded 9th Cavalry

The battalion of 9th Cavalry was scouting near the White River (Missouri River tributary) about 50 miles north of Indian agency at Pine Ridge when the Wounded Knee Massacre occurred, and rode south all night to reach the reservation. In the early morning of December 30, 1890, F, I, and K Troops reached the Pine Ridge agency, however, their supply wagon guarded by D Troop located behind them was attacked by 50 Sioux warriors near Cheyenne Creek (about 2 miles from the Indian agency). One soldier was immediately killed. The wagon train protected itself by circling the wagons. Corporal William Wilson volunteered to take a message to the agency at Pine Ridge to get help after the Indian scouts refused to go. Wilson took off through the wagon circle with Sioux in pursuit and his troops covering him. Wilson reached the agency and spread the alarm. The 9th Cavalry within the agency came to rescue the stranded troopers and the Sioux dispersed. For his actions, Corporal Wilson received the Medal of Honor.

Drexel Mission Fight

The 'Bloody Pocket', location of the Drexel Mission Fight

 

Historically, Wounded Knee is generally considered to be the end of the collective multi-century series of conflicts between colonial and U.S. forces and American Indians, known collectively as the Indian Wars. It was not however the last armed conflict between Native Americans and the United States. 

The Drexel Mission Fight was an armed confrontation between Lakota warriors and the United States Army that took place on the Pine Ridge Indian Reservation on December 30, 1890, the day following Wounded Knee. The fight occurred on White Clay Creek approximately 15 miles north of Pine Ridge, where Lakota fleeing from the continued hostile situation surrounding the massacre at Wounded Knee had set up camp. 

Company K of the 7th Cavalry—the unit involved at Wounded Knee—was sent to force the Lakotas to return to the areas they were assigned on their respective reservations. Some of the "hostiles" were Brulé Lakota from the Rosebud Indian Reservation. The 7th Cavalry was pinned down in a valley by the combined Lakota forces and had to be rescued by the 9th Cavalry, an African American regiment nicknamed the "Buffalo Soldiers".

Among the Lakota warriors was a young Brulé from Rosebud named Plenty Horses, who had recently returned from five years at the Carlisle Indian School in Pennsylvania. A week after this fight, Plenty Horses shot and killed army lieutenant Edward W. Casey, commandant of the Cheyenne Scouts (Troop L, 8th Cavalry). The testimony introduced at the trial of Plenty Horses and his subsequent acquittal also helped abrogate the legal culpability of the U.S. Army for the deaths at Wounded Knee.

Winter guards

The 9th Cavalry were stationed on the Pine Ridge reservation through the rest of the winter of 1890–1891 until March 1891, lodging in their tents. By then, the 9th Cavalry was the only regiment on the reservation after being the first to arrive in November 1890.

Medal of Honor controversy

For this 1890 offensive, the army awarded twenty Medals of Honor, its highest commendation. In the governmental Nebraska State Historical Society's summer 1994 quarterly journal, Jerry Green construes that pre-1916 Medals of Honor were awarded more liberally; however, "the number of medals does seem disproportionate when compared to those awarded for other battles." Quantifying, he compares the three awarded for the Battle of Bear Paw Mountain's five-day siege, to the twenty awarded for this short and one-sided action.

Historian Will G. Robinson notes that, in contrast, only three Medals of Honor were awarded among the 64,000 South Dakotans who fought for four years of World War II.

Native American activists have urged the medals be withdrawn, calling them "medals of dishonor". According to Lakota tribesman William Thunder Hawk, "The Medal of Honor is meant to reward soldiers who act heroically. But at Wounded Knee, they didn't show heroism; they showed cruelty." In 2001, the National Congress of American Indians passed two resolutions condemning the Medals of Honor awards and called on the U.S. government to rescind them.

Some of the citations on the medals awarded to the troopers at Wounded Knee state that they went in pursuit of Lakota who were trying to escape or hide. Another citation was for "conspicuous bravery in rounding up and bringing to the skirmish line a stampeded pack mule."

Medal of Honor citations, Wounded Knee

Sergeant William Austin, cavalry, directed fire at Indians in ravine at Wounded Knee; Private Mosheim Feaster, cavalry, extraordinary gallantry at Wounded Knee; Private Mathew Hamilton, cavalry, bravery in action at Wounded Knee; Private Joshua Hartzog, artillery, rescuing commanding officer who was wounded and carried him out of range of hostile guns at Wounded Knee; Private Marvin Hillock, cavalry, distinguished bravery at Wounded Knee; Sergeant Bernhard Jetter, cavalry, distinguished bravery at Wounded Knee for "killing an Indian who was in the act of killing a wounded man of B Troop." Sergeant George Loyd, cavalry, bravery, especially after having been severely wounded through the lung at Wounded Knee; Sergeant Albert McMillain, cavalry, while engaged with Indians concealed in a ravine, he assisted the men on the skirmish line, directed their fire, encouraged them by example, and used every effort to dislodge the enemy at Wounded Knee; Private Thomas Sullivan, cavalry, conspicuous bravery in action against Indians concealed in a ravine at Wounded Knee; First Sergeant Jacob Trautman, cavalry, killed a hostile Indian at close quarters, and, although entitled to retirement from service, remained to close of the campaign at Wounded Knee; Sergeant James Ward, cavalry, continued to fight after being severely wounded at Wounded Knee; Corporal William Wilson, cavalry, bravery in Sioux Campaign, 1890; Private Hermann Ziegner, cavalry, conspicuous bravery at Wounded Knee; Musician John Clancy, artillery, twice voluntarily rescued wounded comrades under fire of the enemy; Lieutenant Ernest Garlington, cavalry, distinguished gallantry; First Lieutenant John Chowning Gresham, cavalry, voluntarily led a party into a ravine to dislodge Sioux Indians concealed therein. He was wounded during this action. Second Lieutenant Harry Hawthorne, artillery, distinguished conduct in battle with hostile Indians; Private George Hobday, cavalry, conspicuous and gallant conduct in battle; First Sergeant Frederick Toy, cavalry, bravery; Corporal Paul Weinert, artillery, taking the place of his commanding officer who had fallen severely wounded, he gallantly served his piece, after each fire advancing it to a better position

Remembrance

Monuments to Native American dead

Wounded Knee hill, location of Hotchkiss guns during battle and subsequent mass grave of Native American dead

 

St. John's Episcopal Mission Church was built on the hill behind the mass grave in which the victims had been buried, some survivors having been nursed in the then-new Holy Cross Mission Church. In 1903, descendants of those who died in the battle erected a monument at the gravesite. The memorial lists many of those who died at Wounded Knee along with an inscription that reads:

"This monument is erected by surviving relatives and other Ogalala and Cheyenne River Sioux Indians in memory of the Chief Big Foot massacre December 29, 1890. Col. Forsyth in command of US troops. Big Foot was a great chief of the Sioux Indians. He often said, 'I will stand in peace till my last day comes.' He did many good and brave deeds for the white man and the red man. Many innocent women and children who knew no wrong died here."

The Wounded Knee Battlefield was declared a U.S. National Historic Landmark in 1965 and was listed on the U.S. National Register of Historic Places in 1966. 

Beginning in 1986, the group named "Big Foot Memorial Riders" was formed where they will go to continue to honor the dead. The ceremony has attracted more participants each year and riders and their horses live with the cold weather, as well as the lack of food and water, as they retrace the path that their family members took to Wounded Knee. They carry with them a white flag to symbolize their hope for world peace, and to honor and remember the victims so that they will not be forgotten.

Seventh Cavalry Regiment

When the 7th Cavalry Regiment returned to duty at Fort Riley from Pine Ridge, South Dakota, the soldiers of the regiment raised money for a monument for members of the regiment killed at Wounded Knee. About $1,950 was collected, and on July 25, 1893, the monument was dedicated with 5,500 people in attendance. Today, the stone edifice still stands near Waters Hall.

Popular culture

Massacre or battle

"The opening of the fight at Wounded Knee," engraved illustration by Frederic Remington. Appeared as an illustration in Harper's Weekly, 1891

 

The incident was initially referred to as the "Battle of Wounded Knee". Some American Indian groups have objected to this description and refer to it as the "Wounded Knee Massacre". The location of the conflict is officially known as the "Wounded Knee Battlefield". The U.S. Army currently refers to it as "Wounded Knee".

Bury my heart at Wounded Knee

In his 1931 poem "American Names", Stephen Vincent Benet coined the phrase "Bury my heart at Wounded Knee". The poem is about his love of American place names, not making reference to the "battle." However, when the line was used as the title of historian Dee Brown's 1970 best-selling book, awareness was raised and Benet's phrase became popularly associated with the incident. 

Since the publication of the book, the phrase "Bury my heart at Wounded Knee" has been used many times in reference to the battle, especially in music. In 1973, Stuttgart, Germany's Gila released a krautrock/psychedelic folk album by the same name. 

In 1992, Beverly (Buffy) Sainte-Marie released her song entitled "Bury My Heart at Wounded Knee", on her Coincidence and Likely Stories album.

In other music

Artists who have written or recorded songs referring to the battle at Wounded Knee include: Walela "Wounded Knee" from their 1997 self-titled album. Nightwish ("Creek Mary's Blood" from their 2004 album "Once" featuring John Two-Hawks); Manowar ("Spirit Horse Of The Cherokee" from the 1992 album The Triumph Of Steel ); Grant Lee Buffalo ("Were You There?" from the album Storm Hymnal 2001); Johnny Cash (1972's "Big Foot," which is strongly sympathetic); Gordon Lightfoot ("Protocol" from his 1976 album Summertime Dream); The Indigo Girls (a 1995 cover of Sainte-Marie's song); Charlie Parr ("1890" on his 2010 album When the Devil Goes Blind); Nik Kershaw ("Wounded Knee" on his 1989 album The Works); Southern Death Cult ("Moya"); The Waterboys ("Bury My Heart"); Uriah Heep; Primus; Nahko and Medicine for the People; Patti Smith; Robbie Robertson; Five Iron Frenzy wrote the 2001 song "The Day We Killed" with mentions of Custard, Black Kettle, and quotes Black Elk's account from Black Elk Speaks on their album Five Iron Frenzy 2: Electric Boogaloo; Toad the Wet Sprocket; Marty Stuart; Bright Eyes; and "Pocahontas" by Neil Young. On Sam Roberts' 2006 Chemical City album, the song "The Bootleg Saint" contains line critical of Knee Massacre. There is also a Welsh song called "Gwaed Ar Yr Eira Gwyn" by Tecwyn Ifan on this incident. The song "American Ghost Dance" by the Red Hot Chili Peppers makes extensive reference to the massacre as well. 

In 1973, the American rock band Redbone, formed by Native Americans Patrick and Lolly Vasquez, released the song, "We Were All Wounded at Wounded Knee". The song ends with the subtly altered sentence, "We were all wounded by Wounded Knee." The song reached the number-one chart position across Europe. In the U.S., the song was initially withheld from release and then banned by several radio stations. Richard Stepp's 2008 Native American Music Awards Native Heart nominated album, The Sacred Journey, has "Wounded Knee" as its final track.

In film

The massacre has been referred to in films, including Thunderheart (1992), Legends of the Fall (1994), The Last Samurai (2003), Hidalgo (2004), and Hostiles (2017). The 2005 TNT mini-series Into the West included scenes of the massacre. In 2007, HBO Films released a film adaptation of the Dee Brown bestseller Bury My Heart at Wounded Knee.

Other

In the 1996 DC comic book Saint of Killers, written by Garth Ennis, the main character becomes a surrogate Angel of Death, reaping souls whenever men kill other men violently. The story is set in the 1880s and, near the end of chapter 4, it is said that "four years later" he was called upon at Wounded Knee. 

In the 2013 video game BioShock Infinite, several main characters are veterans of Wounded Knee. The protagonist Booker DeWitt is haunted by his deeds during the battle.

Tribal sovereignty in the United States

From Wikipedia, the free encyclopedia

 

Map of the contiguous United States with reservation lands excluded

 

Reservation lands in the Continental United States

 

Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. The U.S. federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments.

Native American sovereignty and the Constitution

The United States Constitution mentions Native American tribes three times:

• Article I, Section 2, Clause 3 states that "Representatives and direct Taxes shall be apportioned among the several States ... excluding Indians not taxed." According to Story's Commentaries on the U.S. Constitution, "There were Indians, also, in several, and probably in most, of the states at that period, who were not treated as citizens, and yet, who did not form a part of independent communities or tribes, exercising general sovereignty and powers of government within the boundaries of the states."
• Article I, Section 8 of the Constitution states that "Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes", determining that Indian tribes were separate from the federal government, the states, and foreign nations; and
• The Fourteenth Amendment, Section 2 amends the apportionment of representatives in Article I, Section 2 above.

These basic provisions have been changed or clarified by various federal laws over the history of the United States. Regulate historically meant facilitate, rather than control or direct in the more modern sense. Therefore, the Congress of these United States was to be the facilitator of commerce between the states and the tribes.

These Constitutional provisions, and subsequent interpretations by the Supreme Court (see below), are today often summarized in three principles of U.S. Indian law:

• Territorial sovereignty: Tribal authority on Indian land is organic and is not granted by the states in which Indian lands are located.
• Plenary power doctrine: Congress, and not the Executive Branch or Judicial Branch, has ultimate authority with regard to matters affecting the Indian tribes. Federal courts give greater deference to Congress on Indian matters than on other subjects.
• Trust relationship: The federal government has a "duty to protect" the tribes, implying (courts have found) the necessary legislative and executive authorities to effect that duty.

Early history

The Marshall Trilogy, 1823–1832

Hassanamisco Nipmuc Indian Reservation Sign

 

The Marshall Trilogy is a set of three Supreme Court decisions in the early nineteenth century affirming the legal and political standing of Indian nations.

• Johnson v. M'Intosh (1823), holding that private citizens could not purchase lands from Native Americans.
• Cherokee Nation v. Georgia (1831), holding the Cherokee nation dependent, with a relationship to the United States like that of a "ward to its guardian".
• Worcester v. Georgia (1832), which laid out the relationship between tribes and the state and federal governments, stating that the federal government was the sole authority to deal with Indian nations.

Indian Appropriations Act of 1871

The Indian Appropriations Act of 1871 had two significant sections. First, the Act ended United States recognition of additional Native American tribes or independent nations, and prohibited additional treaties. Thus it required the federal government no longer interact with the various tribes through treaties, but rather through statutes:

That hereafter no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty: Provided, further, that nothing herein contained shall be construed to invalidate or impair the obligation of any treaty heretofore lawfully made and ratified with any such Indian nation or tribe.

— Indian Appropriations Act of 1871

Before 1871, the United States had recognized the Indian Tribes as semi-independent. 

The 1871 Act also made it a federal crime to commit murder, manslaughter, rape, assault with intent to kill, arson, burglary, and larceny within any Territory of the United States.

United States v. Kagama (1886)

The 1871 Act was affirmed in 1886 by the US Supreme Court, in United States v. Kagama, which affirmed that the Congress has plenary power over all Native American tribes within its borders by rationalization that "The power of the general government over these remnants of a race once powerful ... is necessary to their protection as well as to the safety of those among whom they dwell". The Supreme Court affirmed that the US Government "has the right and authority, instead of controlling them by treaties, to govern them by acts of Congress, they being within the geographical limit of the United States. ... The Indians owe no allegiance to a State within which their reservation may be established, and the State gives them no protection."

Empowerment of tribal courts, 1883

On April 10, 1883, five years after establishing Indian police powers throughout the various reservations, the Indian Commissioner approved rules for a "court of Indian offenses". The court provided a venue for prosecuting criminal charges, but afforded no relief for tribes seeking to resolve civil matters. The new courts' rules specifically targeted tribal religious practices which it called "heathenish rites" and the commissioner urged courts to "destroy the tribal relations as fast as possible". Another five years later, Congress began providing funds to operate the Indian courts. 

While U.S. courts clarified some of the rights and responsibilities of states and the federal government toward the Indian nations within the new nation's first century, it was almost another century before United States courts determined what powers remained vested in the tribal nations. In the interim, as a trustee charged with protecting their interests and property, the federal government was legally entrusted with ownership and administration of the assets, land, water, and treaty rights of the tribal nations.

The General Allotment Act (Dawes Act), 1887

Passed by Congress in 1887, the "Dawes Act" was named for Senator Henry L. Dawes of Massachusetts, Chairman of the Senate's Indian Affairs Committee. It came as another crucial step in attacking the tribal aspect of the Indians of the time. In essence, the act broke up the land of most all tribes into modest parcels to be distributed to Indian families, and those remaining were auctioned off to white purchasers. Indians who accepted the farmland and became "civilized" were made American citizens. But the Act itself proved disastrous for Indians, as much tribal land was lost and cultural traditions destroyed. Whites benefited the most; for example, when the government made 2 million acres (8,100 km²) of Indian lands available in Oklahoma, 50,000 white settlers poured in almost instantly to claim it all (in a period of one day, April 22, 1889).

Twentieth-century developments

Revenue and Indian Citizenship acts, 1924

The Revenue Act of 1924 (43 Stat. 253) (June 2, 1924), also known as the Mellon tax bill, cut federal tax rates and established the U.S. Board of Tax Appeals, which was later renamed the United States Tax Court in 1942. The bill was named after U.S. Secretary of the Treasury Andrew Mellon. The Revenue Act was applicable to incomes for 1924. The bottom rate, on income under $4,000, fell from 1.5% to 1.125% (both rates are after reduction by the "earned income credit"). A parallel act, the Indian Citizenship Act of 1924 (43 Stat. 253, Ch. 233 (1924)), granted all non-citizen resident Indians citizenship.^[16][17] Thus the Revenue Act declared that there were no longer any "Indians, not taxed" to be not counted for purposes of United States Congressional apportionment. President Calvin Coolidge signed the bill into law.

Iron Crow v. Oglala Sioux Tribe

In Iron Crow v. Oglala Sioux Tribe, the United States Supreme Court concluded that two Oglala Sioux defendants convicted of adultery under tribal laws, and another challenging a tax from the tribe, were not exempted from the tribal justice system because they had been granted U.S. citizenship. It found that tribes "still possess their inherent sovereignty excepting only when it has been specifically taken from them by treaty or Congressional Act". This means American Indians do not have exactly the same rights of citizenship as other American citizens. The court cited case law from a pre-1924 case that said, "when Indians are prepared to exercise the privileges and bear the burdens of" sui iuris, i.e. of one's own right and not under the power of someone else, "the tribal relation may be dissolved and the national guardianship brought to an end, but it rests with Congress to determine when and how this shall be done, and whether the emancipation shall be complete or only partial" (U.S. v. Nice, 1916). The court further determined, based on the earlier Lone Wolf v. Hitchcock case, that "It is thoroughly established that Congress has plenary authority over Indians." The court held that, "the granting of citizenship in itself did not destroy ... jurisdiction of the Indian tribal courts and ... there was no intention on the part of Congress to do so." The adultery conviction and the power of tribal courts were upheld. 

Further, the court held that whilst no law had directly established tribal courts, federal funding "including pay and other expenses of judges of Indian courts" implied that they were legitimate courts. Iron Crow v. Oglala Sioux Tribe, 231 F.2d 89 (8th Cir. 1956) ("including pay and other expenses of judges of Indian courts").

Indian Reorganization Act, 1934

In 1934 the Indian Reorganization Act, codified as Title 25, Section 476 of the U.S. Code, allowed Indian nations to select from a catalogue of constitutional documents that enumerated powers for tribes and for tribal councils. Though the Act did not specifically recognize the Courts of Indian Offenses, 1934 is widely considered to be the year when tribal authority, rather than United States authority, gave the tribal courts legitimacy.

Public Law 280, 1953

In 1953, Congress enacted Public Law 280, which gave some states extensive jurisdiction over the criminal and civil controversies involving Indians on Indian lands. Many, especially Indians, continue to believe the law unfair because it imposed a system of laws on the tribal nations without their approval. 

In 1965 the United States Court of Appeals for the Ninth Circuit concluded that no law had ever extended provisions of the U.S. Constitution, including the right of habeas corpus, to tribal members brought before tribal courts. Still, the court concluded, "it is pure fiction to say that the Indian courts functioning in the Fort Belknap Indian community are not in part, at least, arms of the federal government. Originally they were created by federal executive and imposed upon the Indian community, and to this day the federal government still maintains a partial control over them." In the end however, the Ninth Circuit limited its decision to the particular reservation in question and stated, "it does not follow from our decision that the tribal court must comply with every constitutional restriction that is applicable to federal or state courts."

While many modern courts in Indian nations today have established full faith and credit with state courts, the nations still have no direct access to U.S. courts. When an Indian nation files suit against a state in U.S. court, they do so with the approval of the Bureau of Indian Affairs. In the modern legal era, courts and congress have, however, further refined the often competing jurisdictions of tribal nations, states and the United States in regard to Indian law. 

In the 1978 case of Oliphant v. Suquamish Indian Tribe, the Supreme Court, in a 6–2 opinion authored by Justice William Rehnquist, concluded that tribal courts do not have jurisdiction over non-Indians (the Chief Justice of the Supreme Court at that time, Warren Burger, and Justice Thurgood Marshall filed a dissenting opinion). But the case left unanswered some questions, including whether tribal courts could use criminal contempt powers against non-Indians to maintain decorum in the courtroom, or whether tribal courts could subpoena non-Indians. 

A 1981 case, Montana v. United States, clarified that tribal nations possess inherent power over their internal affairs, and civil authority over non-members within tribal lands to the extent necessary to protect health, welfare, economic interests or political integrity of the tribal nation.

Other cases of those years precluded states from interfering with tribal nations' sovereignty. Tribal sovereignty is dependent on, and subordinate to, only the federal government, not states, under Washington v. Confederated Tribes of Colville Indian Reservation (1980). Tribes are sovereign over tribal members and tribal land, under United States v. Mazurie (1975). 

In Duro v. Reina, 495 U.S. 676 (1990), the Supreme Court held that a tribal court does not have criminal jurisdiction over a non-member Indian, but that tribes "also possess their traditional and undisputed power to exclude persons who they deem to be undesirable from tribal lands. ... Tribal law enforcement authorities have the power if necessary, to eject them. Where jurisdiction to try and punish an offender rests outside the tribe, tribal officers may exercise their power to detain and transport him to the proper authorities." In response to this decision, Congress passed the 'Duro Fix', which recognizes the power of tribes to exercise criminal jurisdiction within their reservations over all Indians, including non-members. The Duro Fix was upheld by the Supreme Court in United States v. Lara, 541 U.S. 193 (2004).

Tribal governments today

Great Seal of the Navajo Nation

Tribal courts

At the dawn of the 21st century, the powers of tribal courts across the United States varied, depending on whether the tribe was in a Public Law 280 state (Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin) or not. Tribal courts maintain much criminal jurisdiction over their members, and because of the Duro Fix, over non-member Indians regarding crime on tribal land. The Indian Civil Rights Act, however, limits tribal punishment to one year in jail and a $5,000 fine. Tribal Courts have no criminal jurisdiction over non-Indians. In PL280 states, the state has been granted criminal and civil adjudicatory jurisdiction over activities in Indian Country. In non-PL280 states, Indian on Indian crime in Indian Country may be prosecuted in federal court if the crime is one of those listed in the Major Crimes Act (18 USC §1153). Indian on non-Indian crime in Indian Country will be prosecuted in federal court, either from the MCA, or the Indian Country Crimes Act (§1152) (unless the Indian was punished by the tribe). Non-Indian on Indian crime in Indian Country will be prosecuted in federal court using ICCA. Non-Indian on non-Indian crime in Indian Country will be prosecuted by the state. 

While tribal nations do not enjoy direct access to U.S. courts to bring cases against individual states, as sovereign nations they do enjoy immunity against many lawsuits, unless a plaintiff is granted a waiver by the tribe or by congressional abrogation. The sovereignty extends to tribal enterprises and tribal casinos or gaming commissions. The Indian Civil Rights Act does not allow actions against an Indian tribe in federal court for deprivation of substantive rights, except for habeas corpus proceedings.

Tribal and pueblo governments today launch far-reaching economic ventures, operate growing law enforcement agencies and adopt codes to govern conduct within their jurisdiction but the United States retains control over the scope of tribal law making. Laws adopted by Native American governments must also pass the Secretarial Review of the Department of Interior through the Bureau of Indian Affairs.

Nation to nation: tribes and the federal government

When the United States government formed, it replaced the British government as the other sovereignty coexisting in America with the Native Americans. The U.S. constitution specifically mentions American Indians three times. Article I, section 2, clause 3 and the fourteenth amendment section 2 address the handling of "Indians not taxed" in the apportionment of the seats of the House of Representatives according to population and in so doing suggest that Indians need not be taxed. In Article I section 8, clause 3, Congress is empowered to "regulate commerce with foreign nations…states…and with the Indian tribes." Technically, Congress has no more power over Indian nations than it does over individual states. In the 1970s, Native American self-determination replaced Indian termination policy as the official United States policy towards Native Americans. Self-determination promoted the ability of tribes to self-govern and make decisions concerning their people. It has been argued that American Indian matters should be handled through the United States Secretary of State, the official responsible for foreign policy.^{[citation needed]} However, in dealing with Indian policy, a separate agency, the Bureau of Indian Affairs has been in place since 1824. 

The idea that tribes have an inherent right to govern themselves is at the foundation of their constitutional status — the power is not delegated by congressional acts. Congress can, however, limit tribal sovereignty. Unless a treaty or federal statute removes a power, however, the tribe is assumed to possess it. Current federal policy in the United States recognizes this sovereignty and stresses the government-to-government relations between Washington, D.C., and the Native American tribes. However, most Native American land is held in trust by the United States, and federal law still regulates the economic rights of tribal governments and political rights. Tribal jurisdiction over persons and things within tribal borders are often at issue. While tribal criminal jurisdiction over Native Americans is reasonably well settled, tribes are still striving to achieve criminal jurisdiction over non-Native persons who commit crimes in Indian Country. This is largely due to the Supreme Court's ruling in 1978 in Oliphant v. Suquamish Indian Tribe that tribes lack the inherent authority to arrest, try and convict non-Natives who commit crimes on their lands (see below for additional discussion on this point.) 

As a result of a pair of treaties, two tribal nations (the Cherokee and Choctaw) each have the right to send non-voting members to the United States House of Representatives (similar to a non-state US territory or the federal district), however neither tribe has ever exercised their right to do so since they were given the power in the 1830s.

Tribal state relations: sovereign within a sovereign

Otoe Tribal Seal

 

Another dispute over American Indian government is its sovereignty versus that of the states. The federal U.S. government has always been the government that makes treaties with Indian tribes – not individual states. Article 1, Section 8 of the Constitution states that "Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes". This determined that Indian tribes were separate from the federal or state governments and that the states did not have power to regulate commerce with the tribes, much less regulate the tribes. The states and tribal nations have clashed over many issues such as Indian gaming, fishing, and hunting. American Indians believed that they had treaties between their ancestors and the United States government, protecting their right to fish, while non-Indians believed the states were responsible for regulating commercial and sports fishing. In the case Menominee Tribe v. United States in 1968, it was ruled that "the establishment of a reservation by treaty, statute or agreement includes an implied right of Indians to hunt and fish on that reservation free of regulation by the state". States have tried to extend their power over the tribes in many other instances, but federal government ruling has continuously ruled in favor of tribal sovereignty. A seminal court case was Worcester v. Georgia. Chief Justice Marshall found that "England had treated the tribes as sovereign and negotiated treaties of alliance with them. The United States followed suit, thus continuing the practice of recognizing tribal sovereignty. When the United States assumed the role of protector of the tribes, it neither denied nor destroyed their sovereignty." As determined in the Supreme Court case United States v. Nice (1916), U.S. citizens are subject to all U.S. laws even if they also have tribal citizenship.

List of cases

• United States v. Holiday, 70 U.S. 407 (1866) (holding that a Congressional ban on selling liquor to the Indians was Constitutional)
• Sarlls v. United States, 152 U.S. 570 (1894) (holding that lager beer is not spiritous liquor nor wine within the meaning of those terms as used in Revised Statutes § 2139)
• In re Heff, 197 U.S. 488 (1905) (holding that Congress has the power to place the Indians under state law if it chooses, and the ban on selling liquor does not apply to Indians subject to the Allotment acts)
• Iron Crow v. Ogallala Sioux Tribe, 129 F. Supp. 15 (1955) (holding that tribes have power to create and change their court system and that power is limited only by Congress, not the courts)
• United States v. Washington (1974) also known as the Boldt Decision (concerning off-reservation fishing rights: holding that Indians had an easement to go through private property to their fishing locations, that the state could not charge Indians a fee to fish, that the state could not discriminate against the tribes in the method of fishing allowed, and that the Indians had a right to a fair and equitable share of the harvest)
• Wisconsin Potowatomies of Hannahville Indian Community v. Houston, 393 F. Supp. 719 (holding that tribal law and not state law governs the custody of children domiciled on reservation land)
• Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) (holding that Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress.)
• Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982) (holding that Indian Nations have the power to tax Non-Native Americans based on their power as a nation and treaty rights to exclude others; this right can be curtailed only by Congress.)
• American Indian Agricultural Credit Consortium, Inc. v. Fredericks, 551 F. Supp. 1020 (1982) (holding that federal, not state courts have jurisdiction over tribal members)
• Maynard v. Narrangansett Indian Tribe, 798 F. Supp. 94 (1992) (holding that tribes have sovereign immunity against state tort claims)
• Venetie I.R.A. Council v. Alaska, 798 F. Supp. 94 (holding that tribes have power to recognize and legislate adoptions)
• Native American Church v. Navajo Tribal Council, 272 F.2d 131 (holding that the First Amendment does not apply to Indian nations unless it is applied by Congress)
• Teague v. Bad River Band, 236 Wis. 2d 384 (2000) (holding that tribal courts deserve full faith and credit since they are the court of an independent sovereign; however, in order to end confusion, cases that are filed in state and tribal courts require consultation of both courts before they are decided.)
• Inyo County v. Paiute-Shoshone Indians (U.S. 2003) (holding that tribal sovereignty may override the search and seizure powers of a state)