Chronology for Bear Butte

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Annotated Chronology for Bear Butte

 

1600's - In the late 1600's the people who Native people who would become known as the "Sioux" came into being as a people when they moved into the Middle West of what is now known as the United States. They settled on the Northern Plains and in the upper reaches of the Mississippi and Missouri Rivers. "Sioux" is a term applied to these people by early European explorers. It is a short form of a derogatory term for these people used by another Indian Tribe, the Ojibway (Chippewa), with whom the Sioux were often in conflict. The conflict between these two peoples arose in part from the pressure of European settlement taking place in the East and pressing to the West. The Sioux were composed of "Seven Council Fires" which reflected the seven divisions within this group of people. Among these seven are the Dakota in Minnesota, later known as the East Santee, and the Oglala Lakota. These two branches of Sioux, along with the other five, came into severe conflict with the United States Government. Eventually, out of this history of conflict, there arose the continuing controversy over Bear Butte, a sacred site to the Lakota and to the neighboring Cheyenne.

1673 - Marquette and Joliet "discover" the Upper Mississippi River and describe its vast reach. Their 'discovery" dashes hope for a water road to the Pacific Ocean.

1682 - LaSalle claims the Mississippi River Valley for France by declaring the claim at the mouth of the river near what is now New Orleans. What becomes known as "The Louisiana Territory" is ostensibly under French rule.

1776 - Declaration of Independence. Allegation made that King George III has not helped the colonists deal with difficulties with the "savages of the interior" referring to conflict with Native Americans.

1787 - United States Constitution is adopted by the Constitutional Convention in Philadelphia. Ratification by the states occurs in 1789 when New Hampshire becomes the ninth state of the original thirteen to ratify the Constitution. Article I grants power to Congress to "regulate commerce among the states . . . and with the Indian tribes."

1791 - Bill of Rights (First Ten Amendments) to the United States Constitution is adopted by Congress. Ratified by the states in 1793. First Amendment protects religious liberty by prohibit legislation to "establish" religion or prohibit "free exercise" of religion. This limitation on Congress is not extended to the states until judicial decision in the early 20th Century though an interpretation of the Fourteenth Amendment (1868).

1803 - April 30th, Louisiana Purchase. President Thomas Jefferson concludes a treaty with the French in which the United States purchases the "Louisiana Territory" from France. Jefferson regarded this as his greatest achievement. It doubles the land mass of the United States overnight, fuels the controversy over slavery in the states and ignites interest in westward expansion.

1804 - Lewis and Clark set out on commission from jefferson to survey the Louisiana Territory for the purpose of seeing to what use the new territory might be put by the government. With Lewis and Clark's survey, westward expansion commences and Native American lands are reduced in scope successively throughout the 19th Century.

1831 - Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 Chief Justice John Marshall, writing for the United States Supreme Court, holds that the Cherokee people are a "domestic dependent nation" and not a foreign nation under United States law. This effectively places the Indian people in the status of a subject ward in relation to the federal government. This status is reflected in the actions by the federal government over the years to come in which Indian lands are sharply reduced through a variety of means by the action of the federal government.

1832 - Worcester v. Georgia, 31 U.S. (6 Pet.) 515. United States Supreme Court holds that state law does not apply on Indian land. This leads to invalidation of anti-Cherokee laws passed by the State of Georgia. It does not, however, provide any protection for Indian people from United States federal governmental power.

1854 - First outbreak of armed hostilities between the United States Government and Plains Indians (Brule and Lakota). One-hundred-thirty Brule warriors are killed. Others taken into custody at Fort Laramie.

1861 - Rumors of gold in the Black Hills begin circulating. Black Hills Mining and Exploration Association is incorporated. First activities are primarily exploiting timber resources.

1862 - Outbreak of hostilities between Dakota people (Eastern Sioux) and the United States in Minnesota. The Dakota people, by now confined to a ten mile wide strip of land on the south side of the Minnesota River (a tributary of the Mississippi River) were short on provisions which, along with payments from the government, had been delayed in arriving. Killing of a white family of settlers in a rural area ignites war between the Dakota and the government. The Dakota are ultimately defeated. More than 1200 Dakota are rounded up. Another 800 surrendered in the ensuing weeks. Military prosecution was held between September 28 and November 3, 1862. During that time 392 Dakota men were tried on charges of murder, rape and robbery before a Military tribunal. Of these 323 were convicted and of these 303 were sentenced to execution by hanging. President Lincoln, on reviewing the list to be executed, and upon learning of cheating and starvation of the Dakota people at the hands of the government from the Episcopal Bishop of Minnesota, ordered removal of all but 38 names from the list. These 38 were executed simultaneously on December 26, 1862 in the Minnesota River Valley at the city of Mankato. This stands as the largest mass execution in United States history. After the winter, the remaining Dakota people who had been rounded up are dispersed to the West. Red Cloud realizes the need to defend western Sioux lands.

1868 - Fort Laramie Treaty concluded to end hostilities in "Red Cloud's war" (1866-68). United States Government agreed to abandon three forts and agreed that the State of South Dakota west of the Missouri River would be Indian land, and that the Oweder River and Big Horn Countries would be Indian land into which non-Indian travel without Indian permission was forbidden. Later Sitting Bull signed this treaty on behalf of the Oglala Lakota people.

1872 - United States Government sends out a survey team to plot a course for the Northern Pacific Railroad through the Sitting Bull's territory. Warned to stay away, the Government complied.

1876 - Sitting Bull's people, wintering outside the boundaries of their lands, but apparently unaware of being outside the boundaries established by the Fort Laramie Treaty, were attacked by General Custer, and the United States Calvary. Government forces are defeated by Sitting Bull at the Battle of Little Big Horn.

1876 - Reduction of Sioux lands by one-half through action and agreement initiated by the Government in 1876. The Black Hills are outside the reduced.

1877 - Incorporation of the Homestake Mining Company. Its operations centered at the town of Lead in the Black Hills eventually expanded to produce more gold than any other mining operation in the Western Hemisphere in the next century.

1879 - Further reduction in Indian lands takes place after further action and Agreement initiated by the Government in 1879. Red Cloud, without approval of his people, signs over the Black Hills, site of Bear Butte, to the United States Government.

1889 - South Dakota and North Dakota enter the federal Union as states created out of the Dakota Territory.

1890 - The buffalo are largely gone due to the pressure of white buffalo hunters. The Lakota people, largely unarmed and defenseless, are humiliated by the United States Cavalry at "The Battle of Wounded Knee". With this the protracted armed hostilities between the Plains Indians and the United States Government comes to a close with the exception of a few small engagements in the following decade.

1962 - The State of South Dakota acquires Bear Butte for development as a State Park

1972 - Seven National Indian organizations march on Washington, D.C. and occupy the Bureau of Indian Affairs Headquarters in an effort to publicize grievances with the government.

1973 - Members of the American Indian Movement (AIM) occupy the historic Wounded Knee village for 72 days in a tense and often violent confrontation with federal officials. The occupation draws national attention to the grievances of Indian people.

1978 - Congress passes the American Indian Religious Freedom Act affirming religious freedom for Indian people.

1983 - United States Court of Appeals for the Eighth Circuit holds against Native American claims for protection of Bear Butte as a sacred site in Fools Crow v. Gullet, 706 F.2d 856 (8th Cir, 1983)

All Rights Reserved, 1995.

hvogel@seq.hamline.edu

Last update: 09-13-95

Sites maintained at Hamline University School of Law:
American Indian Religious Freedom Act of 1978
http://web.hamline.edu/law/lawrelign/sacred/airfa78.ssw.htm
Annotated Chronology for Bear Butte (with a good timeline of Sioux history)
http://web.hamline.edu/law/lawrelign/sacred/bearbchron.html
Bear’s Lodge Multiple Use Association V. Babbitt
http://web.hamline.edu/law/lawrelign/sacred/lodge2.htm
President Clinton’s Executive order on Indian Sacred Sites, 1996
http://web.hamline.edu/law/lawrelign/sacred/execorder96.htm
Role Play Sequence
ROUND ONE
1. Speaker A from each team should set forth the team’s position (3 minutes).
2. Members of the 4th team (the court) should pose two questions to each team. Two
speakers from each team have a minute to reply per question.
3. Speaker B (Constitutional experts) from each team should present a statement
backing up Speaker A (2 minutes).

Page 12
_____________________________________________________________
Companion lesson plan to P.O.V.’s IN THE LIGHT OF REVERENCE
by Christopher McLeod & Malinda Maynor
National P.O.V. broadcast week of Tuesday, August 14
th
at 10pm ET on PBS
12
4. Members of the Court should pose one question to each team regarding the points
made by its second speaker. A speaker from each team has one minute in which to reply
to the question posed.
5. Speaker C from each team should present a statement (2 minutes) .
6. Members of the Court should pose one question to each team regarding the
statements made by the third speaker from each team. A speaker from each team has one
minute in which to answer the question posed.
ROUND TWO
1. Members of the Court should meet in private session and formulate a compromise
plan. It should take into account the views of all three teams, but focus on what is best
and fair under the Constitution for the American people. If possible, the court should cite
other relevant cases (using the two suggested Supreme Court Web sites).
2. The compromise plan should be presented to all three groups in writing.
3. Each of the 3 teams should read the compromise plan, meet, and plan a response.
The team should prepare a written statement in which it specifies why it has either:
4. Rejected the entire plan
5. Accepted the entire plan
6. Accepted parts of the plan and rejected others.
ROUND THREE
1. All four teams should reconvene.
2. Each of the 3 teams should read their responses to the compromise plan.
3. If all teams agree on the Court’s plan, the role play ends there.
ROUND FOUR
1. If the parties reject parts of the plan, The Court should then moderate a discussion of
the outstanding differences, calling in succession on a member of each of the 3 teams so
as to insure fairness.
2. The Court must meet again to come up with a revision of its original plan or an
alternative plan.

Page 13
_____________________________________________________________
Companion lesson plan to P.O.V.’s IN THE LIGHT OF REVERENCE
by Christopher McLeod & Malinda Maynor
National P.O.V. broadcast week of Tuesday, August 14
th
at 10pm ET on PBS
13
3. It should present its new plan either orally or in writing (as time permits).
. Each team will deliberate briefly on the alternative plan.
4. If the alternative plan is rejected by any one of the three teams, the Court must meet
and make a final judgment as to what should happen on its own. It must justify its
position with reference to the demands of all groups, the Constitution, environmental law,
and the best interests of the American people.
Debriefing: Other Issues Raised by the Video:
Show the remaining minute or two of segment 1 of the video (at approximately 24
minutes in) which discusses what the Supreme Court did about Bear’s Lodge and
compare it to the outcome arrived at by the class. With your class view either or both of
the remaining segments of IN THE LIGHT OF REVERENCE about the struggles of the
Hopi (approx. 25 minutes in to 46 minutes) and the Wintu (46 minutes to 111 minutes) to
retain their sacred lands.
Discussion Questions for Viewing the Segment on the Hopi:
• The Hopis wish to reclaim land that is currently privately owned, rather than in the
public domain. Does this strengthen or weaken their case?
•Did the Hopi have a fair chance to ever buy the property that was once theirs? Should
this alter the case or not?
• Who should determine what is sacred ground, and by what measure?
• What redresses are the Hopis seeking for the loss of their sacred land?
• What environmental issues are at stake in the fight over lands the Hopi call sacred?
• What are the rights of property owners? Would the Hopi's claims (if they were acceded
to) weaken the rights of all property owners?
• Does the application of Federal funds to the development of private
property alter the claims of either side?
Discussion Questions for Viewing the Segment on the Wintu:
•Does the fact that the Wintus are not recognized as a tribe by the U.S. government
weaken their case relative to that of the Lakota and Hopi?
• What is unique about California history that makes it difficult for large tribes to stay
intact? Are the Wintu being further penalized because there are so few of them?
_____________________________________________________________
Companion lesson plan to P.O.V.’s IN THE LIGHT OF REVERENCE
by Christopher McLeod & Malinda Maynor
National P.O.V. broadcast week of Tuesday, August 14
th
at 10pm ET on PBS
14
• Why do realty investors feel the American public would be better served by developing
the land?
• The religious rights of the Wintu are being challenged by other "New Age" religious
groups. Who should decide what constitutes a religion, and whether one religion should
take precedence over another?
Assessment Suggestions
Students can be assessed for how they worked in their "cooperative learning" teams. Ask
each member to assess his or her own performance using a rubric such as the following:
• Did you listen to your fellow team members?
• Did you contribute positively to group discussion?
• Did you follow through on research the team assigned to you?
• Did you help resolve any conflicts while working with one another?
• Did you express your viewpoint effectively during the role play?
• Did you help the team reach appropriate compromises in the last phases of the role
play?
Team members should share their individual assessments with the whole team and then
evaluate the team’s performance with a rubric such as the following:
• How effectively did the team listen to one another?
• Did everyone contribute positively to group discussion?
• Did each member follow through on research the team assigned to him or her?
• Did the team resolve any conflicts while working with one another?
• Was the team able to present its viewpoint effectively to other teams during the role
play?
• Did the team suggest appropriate compromises in the last phases of the role play?
The teacher can assess students for the presentations they made during the role play using
a rubric such as the following:
• Did the presentation reflect research into the issues?
• Did the presentation reflect a grasp of what rights came into conflict?
• Was the presentation carefully prepared, well organized, and delivered in a convincing
manner?
_____________________________________________________________
Companion lesson plan to P.O.V.’s IN THE LIGHT OF REVERENCE
by Christopher McLeod & Malinda Maynor
National P.O.V. broadcast week of Tuesday, August 14
th
at 10pm ET on PBS
15
• Ask students to contribute to the discussion board at the companion web site to the
video, expressing how they would resolve the conflict, based on what they learned in
their role play.
Extensions/Adaptations
1. After students view the 2nd and 3rd segments of the video ask students to write an
essay comparing the Constitutional issues that were depicted in the 1st segment (Lakota
Sioux) to those arising in one or two of the subsequent segments (Hopi or Wintu).
Students can use the questions in the Debriefing section of this lesson to guide them as
they make comparisons. Alternatively, ask students to design a chart in which two or
more of the segments are analyzed in terms of categories such as "religious rights,"
"property rights," "historical precedents" and so forth.
2. IN THE LIGHT OF REVERENCE suggests that there are different ways to resolve
problems when the interests of different groups conflict. In segment 1 about the Sioux
and Bear’s Lodge, an aggrieved party (the rock climbers) went to court. In the case of
the Wintu, the Forest Service tried to negotiate a compromise among the groups in
conflict, and finally, through its mandate as a government agency, made decisions about
the use of the land. Ask students to compare and contrast these two methods of settling
disputes in either a
graphic organizer or an essay. What are the costs and benefits of each method?
3. Invite a lawyer to class who can share relevant information about conflict resolution,
what happens when a case goes to trial, or other issues relating to the program.
4. Ask students to research the history of the Wintu, Hopi and Sioux. What other issues
are at stake for them today?
This lesson plan was written by Joan Brodsky Schur. Ms. Brodsky Schur teaches social studies
and English at the Village Community School in New York City. She has written many articles
over the years for Social Education. Joan and fellow-colleague Sari Grossman are co-authors of
In A New Land: An Anthology of Immigrant Literature. Joan is also a contributing author to the
Constitution Community, a Web site of the National Archives.

http://web.hamline.edu/law/lawrelign/sacred/bearbchron.html