Sixteen years ago, Congress apologized for the “grave injustice” of overthrowing the Kingdom of Hawaii a century earlier.
Last year, the House - though not the Senate - apologized for “the fundamental injustice, cruelty, brutality and inhumanity of slavery and Jim Crow” segregation.
Similar resolutions apologizing to Indians were put forward in 2005 and 2007. But while this year's Senate version is nearly identical to its 2007 wording, a difference in the House resolution caught the eye of some of those involved in one of the most significant court cases involving Indian Country.
The resolution, introduced April 30 in both chambers, aims “to acknowledge a long history of official depredations and ill-conceived policies by the United States Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States.”
But the body of the House version has a seven-word difference from its earlier language. Those words - “and the mismanagement of tribal trust lands” - were there in 2007, gone in 2009.
During the two years between the resolutions, a federal court judge awarded $455.6 million in restitution to the Indian plaintiffs in the case now known as Cobell vs. Salazar.
The case, filed 13 years ago by Blackfeet activist Elouise Cobell of Browning, claimed that the Interior Department mismanaged, to the tune of billions of dollars, earnings from Indian-owned lands whose resources were handled by the U.S. government. (Both the plaintiffs, who said the award fell far short of reality, and the government immediately appealed the decision.)
The trust fund debacle is generally viewed as one of the most grave injustices perpetrated against Indian people, on par with the others detailed in the congressional resolution's lengthy list of “whereases” - broken treaties, massacres, forced removal of people from their land, the theft of tribal resources and assets and so on. It's a long list.
The trust issue's omission from the House resolution (none of the Senate resolutions ever contained it) is indicative of a general watering down of an already-anemic apology, said Tim Coulter, director of the Indian Law Resource Center in Helena and Washington, D.C.
“The problem with the apology is that it does nothing wrong to actually acknowledge or do something about the present-day wrongs,” he said. Most of the resolution, he said, is worded so it appears that wrongs against Indian people were a thing of the past.
The apology, he said, “probably seems to the sponsors to be a harmless and possibly benign gesture, but the failures in it are too great for that. The fact is that much more needs to be done, and Congress needs to face up to that.”
Both Montana Sens. Max Baucus and Jon Tester signed on as co-sponsors to this year's Senate resolution. Even though it doesn't contain wording about trust lands, Tester's spokesman, Aaron Murphy, said Montana's junior senator feels that: “The resolution is one thing, but it is just words. Obviously, it makes sense because an apology is in order. But more important is trying to fix the issues at hand” - specifically, the trust fund issue.
“An apology in writing is appropriate,” Murphy said, “but it is time to also do the work.”
Montana Republican Rep. Denny Rehberg, a member of the House Native American Caucus, was traveling Friday. His spokesman, Jed Link, said he does not know where Rehberg stands on the resolution. Rehberg did not sign on as a co-sponsor to any of the three apology resolutions.
Dennis Gingold, lead attorney in Cobell vs. Salazar, said the deletion of the trust fund issue from the resolution really doesn't make much difference.
“Apologies aren't meaningful anything,” he said. “It's not whether or not you apologize for doing something terrible, it's whether you do something about it. If you don't do anything, it probably is insulting.”
Both resolutions were referred to committee.
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Bruce Hammer wrote on May 10, 2009 9:07 AM:
Roger R wrote on May 10, 2009 10:30 AM:
tim wrote on May 10, 2009 11:19 AM:
NoFreeSpeec wrote on May 10, 2009 12:20 PM:
Pat wrote on May 10, 2009 2:37 PM:
Wow wrote on May 10, 2009 4:58 PM:
IgetNothing wrote on May 10, 2009 5:36 PM:
Besides, according to recent findings the indians that reside in north america are not the first wave of immigrants from asia, but the second, they displaced the first. Maybe they owe them an appology.
I'd probably respect them more if they were just up front and honest and bluntly said..."We want free stuff"
If you are born indian, you automatically own land, the reservation. When I was born I got NOTHING, a big fat NOTHING, but now I'm suppose to give them free stuff. I thought the whiteman was so suppose to be the smart one, I'll give the indians credit for that, they got us so confused that we feeling guilty for what someone else did and now we're willing to give up our wampum, redman speak with forked tonque, whiteman stupid and fall for it. "
Ed wrote on May 10, 2009 5:56 PM:
slamajama wrote on May 10, 2009 9:04 PM:
http://www.nemasys.com/ghostwolf/Native/genocide.shtml "
farmerziffel wrote on May 10, 2009 9:50 PM:
MaryJane wrote on May 10, 2009 10:21 PM:
Thanks. "
Barry M. wrote on May 10, 2009 11:13 PM:
jored wrote on May 11, 2009 12:54 AM:
Elwood wrote on May 11, 2009 8:22 AM:
C. Copeland wrote on May 11, 2009 10:18 AM:
As for the comments below mine: whenever any of you "progressive" folks here in the Garden City want to start feeling all hunky-dory about what a wonderful, accepting town you live in, come and check the comments on the Missoulian. You can't compete with this kind of good old fashioned family racism. "
Wanita Smith wrote on May 11, 2009 10:23 AM:
HeyMaryJ wrote on May 11, 2009 10:33 AM:
Also, I don't think anyone said that you were getting 'everything' for free, just 99 percent of it. "
Zane wrote on May 11, 2009 12:45 PM:
slamajama wrote on May 11, 2009 2:07 PM:
Native Summer wrote on May 11, 2009 2:16 PM:
HokiAigu wrote on May 11, 2009 2:35 PM:
Why is the whiteman always crying around about money? If a family member passed away youd be crying around about funeral expenses! Oh wait, I get it, because you have nothing to worry about, your all white so your alright, well we Native Americans have real problems where we stay and guess what, most of it can be attributed to the US Government! "
sinew wrote on May 11, 2009 3:09 PM:
But you must remember one thing about the problems we face as Native Americans--WE now ACT like the Western Civilization. You can sit back and make judgements about how we are all alcoholics, on welfare, and beat our wives and children but we represent the teachings of the Western Civilization! "
sadsadsad wrote on May 11, 2009 4:16 PM:
Lacey J. wrote on May 11, 2009 7:32 PM:
Rudeboy wrote on May 11, 2009 9:34 PM:
Lou wrote on May 11, 2009 10:46 PM:
Meeks wrote on May 12, 2009 12:38 AM:
Cherokee Dawn wrote on May 12, 2009 1:26 AM:
Medicine Ground wrote on May 12, 2009 1:34 AM:
Gena wrote on May 12, 2009 7:39 AM:
Robert Peltier wrote on May 12, 2009 7:44 AM:
Annette wrote on May 12, 2009 8:36 AM:
sadpeople wrote on May 12, 2009 8:49 AM:
Robert Peltier wrote on May 12, 2009 10:52 AM:
TrueBlackfeet wrote on May 12, 2009 10:58 AM:
Summer wrote on May 12, 2009 11:05 AM:
BlameWho wrote on May 12, 2009 12:00 PM:
At least being native american you can blame the white people, but who am I going to blame. I guess we're not all equal afterall, some of us are born with the privilege of blaming others, now I feel cheated by my government. "
Summer wrote on May 12, 2009 2:02 PM:
I don't recall any of us talking about blame. How about RESPONSIBILITY to live up to your obligations?
As for who to blame for you I would look no further than the people who raised you. "
Carol wrote on May 12, 2009 2:59 PM:
TrueBlackfeet wrote on May 12, 2009 3:15 PM:
Jean wrote on May 12, 2009 4:09 PM:
Robertagain wrote on May 12, 2009 8:28 PM:
Summer wrote on May 13, 2009 10:46 AM:
OhWell wrote on May 13, 2009 11:38 AM:
I've recently been informed that the reason there are disputes over old treaties is because group one group of indians, say Tribe-A would lay claim to some land and then sell it to the whiteman and receive payment. However, Tribe-B would say that Tribe-A had no right to do that and the land still belonged to them, the whiteman says...but they told me it was their's and I paid for it. And basically the same thing happend with treaties. We continue to paint the whiteman as an out-right theives, which in many cases they weren't, and to do say in this day and age is racisim commented by the indians.
I don't think it was ever written in the book of life by the great spirit that indians couldn't be theives too, in fact stealing horses was good medicine. "
MaryJane wrote on May 13, 2009 1:00 PM:
I'm working getting paid pretty good, approximately half of my gross goes to, health insurance, taxes, retirement,mortgage, rest goes to supporting myself and my family. Show some empathy towards your kid, he's learning from you. He's not necessarily trying to trick you. His perception is varies from yours, does'nt make him wrong. "
Erik wrote on May 10, 2009 8:24 AM: