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Behind The Woodshed 3rd year Anniversary at Real Liberty Media

At the Situationally Aware Action Oriented Intelligence Center
Of Evolutionary Engagement

The Victory Against You in the Silent War is Your Silence

Stalking Horses & DAPL:

Duped At Pipe Line

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• Sign The Petition – Please
  

Dakota Access Pipeline Gambit

• Five things to know about the Dakota Access Pipeline fight
  

  North Dakota’s Standing Rock Sioux tribe took to Washington this week in its growing legal battle against a major pipeline project.

  The tribe says the Dakota Access Pipeline threatens its sacred sites and imperils drinking water near its North Dakota reservation.

  Green and anti-fossil fuel groups have taken up the tribe’s cause, setting in motion one of the highest-profile pipeline fights since President Obama rejected the Keystone XL pipeline last year.

  Here are five things to know about the fight over Dakota Access.

  What is the Dakota Access Pipeline?

  Dakota Access is a 1,170-mile pipeline that would, at peak capacity, deliver up to 570,000 barrels of Bakken crude oil daily from North Dakota to Illinois.

  The pipeline is only slightly shorter than the proposed 1,179-mile Keystone XL project, but it would transport less oil than the planned 800,000-barrel Keystone.

  Though they’re comparable in length and capacity, the legal situations around the two are very different. Since Keystone crossed an international border, it required a stricter environmental review and, ultimately, presidential approval.

  Dakota Access is domestic, and developers have sought its approval under a different process that tribal leaders say didn’t give them the chance to provide their input.

  The $3.7 billion project, from developers Energy Transfer Partners, has secured nearly all of the permits — federal and state — it needs to move forward. Workers have begun clearing and grading work along much of the pipeline’s route.

  Why are the Sioux objecting?

  The tribe’s basic argument, which it made to a federal judge Wednesday, is that regulators at the Army Corps of Engineers didn’t give it enough of a chance to assess the pipeline’s impact on cultural sites and the possible effects of a spill along the line.

  The tribe is seeking an injunction blocking additional construction until it can make those assessments.

  “The [law] doesn’t give the tribes veto power over anything, it gives them the right to have a dialog around their cultural heritage,” Jan Hasselman, an Earthjustice lawyer representing the tribe, said. “An injunction for us doesn’t mean no pipeline.”

  Beyond legal issues, though, the tribe has raised cultural objections to the pipeline, calling it the latest slight from companies and governments seeking to profit off of natural resources on or near tribal lands.

  In that sense, Hasselman and tribal allies said, the Standing Rock Sioux are ready to wage a more thorough protest against the project and turn it into a social justice issue.

  “Whether it’s gold from the Black Hills or hydropower from the Missouri [River] or oil pipelines that threaten our ancestral inheritance, the tribes have always paid the price for America’s prosperity,” Standing Rock Sioux Chairman David Archambault II wrote in a New York Times op-ed on Thursday.

  “We are also a resilient people who have survived unspeakable hardships in the past, so we know what is at stake now.”

  How have pipeline supporters responded?

  Federal officials and Dakota Access developers say they gave Standing Rock the chance to survey the pipeline’s route, but the tribe declined.

  “The Corps followed procedure in this case when it actively worked to engage with the plaintiffs, the Standing Rock Sioux,” federal lawyer Matthew Marinelli told the judge Wednesday.

  Hasselmen told the court the developers’ offer was too “narrow” for the tribe to accept.

  Dakota Access, too, has fought back against accusations it took a cavalier approach to routing the pipeline. Its lawyer said Wednesday that it surveyed 100 percent of the pipeline’s route, and that it shared the conclusions with the tribe. It’s also allowing tribal officials on construction sites to monitor the work.

  “This is not a cowboy process,” lawyer William Leone said.

  North Dakota Petroleum Council spokeswoman Tessa Sandstrom said the project is an important economic driver for the state, and she said it has broad support among other landowners there.

  “People in North Dakota have been asking for infrastructure, and we’ve finally got a project that can help with a lot of that,” she said.

  Who else is involved in the fight?

  Protests against the pipeline have ballooned since the Army Corps released a major round of permits in July. Organizers see an anti-pipeline effort as wide-reaching as any since Keystone.

  Hundreds of people — tribal residents and fossil fuel protesters — have demonstrated against the pipeline at construction sites in North Dakota, with the state’s governor declaring a state of emergency there and a federal judge issuing a restraining order against new protests. About 20 people have been arrested as part of the demonstrations.

  Nationally, greens have begun mobilizing against the pipeline as well, moving beyond the basic legal questions posed by the tribe. Thirty-one groups sent a letter to the White House on Thursday, asking President Obama to block the final permits needed for Dakota Access and revoke those already issued.

  “The president and his administration can weigh in and take action, and they have the legal authority to call for a full environmental review of this pipeline, or to halt construction by not granting permits,” said Catherine Collentine, ‎a senior campaign representative at the Sierra Club.

  A stringent environmental review helped tie up Keystone, anti-pipeline activists’ biggest victory during Obama’s presidency. But they acknowledge they have a tougher task ahead in taking on Dakota Access: Most permits have been issued, and early work on the project is almost done, even in North Dakota.

  But a political fight could be brewing, too: Sen. Bernie Sanders (I-Vt.) spoke out against the project on Thursday because of the pipeline’s impact on climate change.

  And the anti-Dakota Access push has attracted star power as well. Actresses Susan Sarandon and Shailene Woodley — both diehard Sanders backers during the Democratic presidential primary — headlined a rally against the pipeline in Washington this week.

  Citing the lawsuit, the White House directed questions on the pipeline to the Department of Justice, which declined to comment.

  What comes next?

  Developers hope to get Dakota Access up and running by Jan 1. It has halted construction work amid protests and while it waits for final permitting to come through.

  Federal District Judge James Boasberg has said he’ll rule on an injunction against the pipeline’s construction by Sept. 9, and, anticipating appeals, he set another hearing on the matter for the following week.

  Tribal allies said the injunction request is just the beginning of the legal battle. They could pose environmental questions next, and Hasselman said other tribes along the pipeline route could look to challenge it as well.

   

• Stalking Horse
  

  A stalking horse is a figure that tests a concept with someone or mounts a challenge against someone on behalf of an anonymous third party. If the idea proves viable or popular, the anonymous figure can then declare its interest and advance the concept with little risk of failure. If the concept fails, the anonymous party will not be tainted by association with the failed concept and can either drop the idea completely or bide its time and wait until a better moment for launching an attack.

Instructive But Irrelevant Treaty

• Teaching With Documents: Sioux Treaty of 1868
  

  Background

  “This war was brought upon us by the children of the Great Father who came to take our land from us without price.”

  –Spotted Tail

  The report and journal of proceedings of the commission appointed to obtain certain concessions from the Sioux Indians, December 26, 1876

  The history of Native Americans in North America dates back thousands of years. Exploration and settlement of the western United States by Americans and Europeans wreaked havoc on the Indian peoples living there. In the 19th century the American drive for expansion clashed violently with the Native American resolve to preserve their lands, sovereignty, and ways of life. The struggle over land has defined relations between the U.S. government and Native Americans and is well documented in the holdings of the National Archives. (From the American Originals exhibit script.)

  From the 1860s through the 1870s the American frontier was filled with Indian wars and skirmishes. In 1865 a congressional committee began a study of the Indian uprisings and wars in the West, resulting in a Report on the Condition of the Indian Tribes , which was released in 1867. This study and report by the congressional committee led to an act to establish an Indian Peace Commission to end the wars and prevent future Indian conflicts. The United States government set out to establish a series of Indian treaties that would force the Indians to give up their lands and move further west onto reservations.

  In the spring of 1868 a conference was held at Fort Laramie, in present day Wyoming, that resulted in a treaty with the Sioux. This treaty was to bring peace between the whites and the Sioux who agreed to settle within the Black Hills reservation in the Dakota Territory.

   

• Transcript of Treaty of Fort Laramie (1868)
  

  ARTICLES OF A TREATY MADE AND CONCLUDED BY AND BETWEEN

  Lieutenant General William T. Sherman, General William S. Harney, General Alfred H. Terry, General O. O. Augur, J. B. Henderson, Nathaniel G. Taylor, John G. Sanborn, and Samuel F. Tappan, duly appointed commissioners on the part of the United States, and the different bands of the Sioux Nation of Indians, by their chiefs and headmen, whose names are hereto subscribed, they being duly authorized to act in the premises.

  ARTICLE I.
  From this day forward all war between the parties to this agreement shall for ever cease. The government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they now pledge their honor to maintain it.

  If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.

  If bad men among the Indians shall commit a wrong or depredation upon the person or property of nay one, white, black, or Indian, subject to the authority of the United States, and at peace therewith, the Indians herein named solemnly agree that they will, upon proof made to their agent, and notice by him, deliver up the wrongdoer to the United States, to be tried and punished according to its laws, and, in case they willfully refuse so to do, the person injured shall be reimbursed for his loss from the annuities, or other moneys due or to become due to them under this or other treaties made with the United States; and the President, on advising with the Commissioner of Indian Affairs, shall prescribe such rules and regulations for ascertaining damages under the provisions of this article as in his judgment may be proper, but no one sustaining loss while violating the provisions of this treaty, or the laws of the United States, shall be reimbursed therefor.

  ARTICLE II.
  The United States agrees that the following district of country, to wit, viz: commencing on the east bank of the Missouri river where the 46th parallel of north latitude crosses the same, thence along low-water mark down said east bank to a point opposite where the northern line of the State of Nebraska strikes the river, thence west across said river, and along the northern line of Nebraska to the 104th degree of longitude west from Greenwich, thence north on said meridian to a point where the 46th parallel of north latitude intercepts the same, thence due east along said parallel to the place of beginning; and in addition thereto, all existing reservations of the east back of said river, shall be and the same is, set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit amongst them; and the United States now solemnly agrees that no persons, except those herein designated and authorized so to do, and except such officers, agents, and employees of the government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation for the use of said Indians, and henceforth they will and do hereby relinquish all claims or right in and to any portion of the United States or Territories, except such as is embraced within the limits aforesaid, and except as hereinafter provided.

  ARTICLE III.
  If it should appear from actual survey or other satisfactory examination of said tract of land that it contains less than 160 acres of tillable land for each person who, at the time, may be authorized to reside on it under the provisions of this treaty, and a very considerable number of such persons hsall be disposed to comence cultivating the soil as farmers, the United States agrees to set apart, for the use of said Indians, as herein provided, such additional quantity of arable land, adjoining to said reservation, or as near to the same as it can be obtained, as may be required to provide the necessary amount.

  ARTICLE IV.
  The United States agrees, at its own proper expense, to construct, at some place on the Missouri river, near the centre of said reservation where timber and water may be convenient, the following buildings, to wit, a warehouse, a store-room for the use of the agent in storing goods belonging to the Indians, to cost not less than $2,500; an agency building, for the residence of the agent, to cost not exceeding $3,000; a residence for the physician, to cost not more than $3,000; and five other buildings, for a carpenter, farmer, blacksmith, miller, and engineer-each to cost not exceeding $2,000; also, a school-house, or mission building, so soon as a sufficient number of children can be induced by the agent to attend school, which shall not cost exceeding $5,000.

  The United States agrees further to cause to be erected on said reservation, near the other buildings herein authorized, a good steam circular saw-mill, with a grist-mill and shingle machine attached to the same, to cost not exceeding $8,000.

  ARTICLE V.
  The United States agrees that the agent for said Indians shall in the future make his home at the agency building; that he shall reside among them, and keep an office open at all times for the purpose of prompt and diligent inquiry into such matters of complaint by and against the Indians as may be presented for investigation under the provisions of their treaty stipulations, as also for the faithful discharge of other duties enjoined on him by law. In all cases of depredation on person or property he shall cause the evidence to be taken in writing and forwarded, together with his findings, to the Commissioner of Indian Affairs, whose decision, subject to the revision of the Secretary of the Interior, shall be binding on the parties to this treaty.

  ARTICLE VI.
  If any individual belonging to said tribes of Indians, or legally incorporated with them, being the head of a family, shall desire to commence farming, he shall have the privilege to select, in the presence and with the assistance of the agent then in charge, a tract of land within said reservation, not exceeding three hundred and twenty acres in extent, which tract, when so selected, certified, and recorded in the “Land Book” as herein directed, shall cease to be held in common, but the same may be occupied and held in the exclusive possession of the person selecting it, and of his family, so long as he or they may continue to cultivate it.

  Any person over eighteen years of age, not being the head of a family, may in like manner select and cause to be certified to him or her, for purposes of cultivation, a quantity of land, not exceeding eighty acres in extent, and thereupon be entitled to the exclusive possession of the same as above directed.

  For each tract of land so selected a certificate, containing a description thereof and the name of the person selecting it, with a certificate endorsed thereon that the same has been recorded, shall be delivered to the party entitled to it, by the agent, after the same shall have been recorded by him in a book to be kept in his office, subject to inspection, which said book shall be known as the “Sioux Land Book.”

  The President may, at any time, order a survey of the reservation, and, when so surveyed, Congress shall provide for protecting the rights of said settlers in their improvements, and may fix the character of the title held by each. The United States may pass such laws on the subject of alienation and descent of property between the Indians and their descendants as may be thought proper. And it is further stipulated that any male Indians over eighteen years of age, of any band or tribe that is or shall hereafter become a party to this treaty, who now is or who shall hereafter become a resident or occupant of any reservation or territory not included in the tract of country designated and described in this treaty for the permanent home of the Indians, which is not mineral land, nor reserved by the United States for special purposes other than Indian occupation, and who shall have made improvements thereon of the value of two hundred dollars or more, and continuously occupied the same as a homestead for the term of three years, shall be entitled to receive from the United States a patent for one hundred and sixty acres of land including his said improvements, the same to be in the form of the legal subdivisions of the surveys of the public lands. Upon application in writing, sustained by the proof of two disinterested witnesses, made to the register of the local land office when the land sought to be entered is within a land district, and when the tract sought to be entered is not in any land district, then upon said application and proof being made to the Commissioner of the General Land Office, and the right of such Indian or Indians to enter such tract or tracts of land shall accrue and be perfect from the date of his first improvements thereon, and shall continue as long as be continues his residence and improvements and no longer. And any Indian or Indians receiving a patent for land under the foregoing provisions shall thereby and from thenceforth become and be a citizen of the United States and be entitled to all the privileges and immunities of such citizens, and shall, at the same time, retain all his rights to benefits accruing to Indians under this treaty.

  ARTICLE VII.
  In order to insure the civilization of the Indians entering into this treaty, the necessity of education is admitted, especially of such of them as are or may be settled on said agricultural reservations, and they, therefore, pledge themselves to compel their children, male and female, between the ages of six and sixteen years, to attend school, and it is hereby made the duty of the agent for said Indians to see that this stipulation is strictly complied with; and the United States agrees that for every thirty children between said ages, who can be induced or compelled to attend school, a house shall be provided, and a teacher competent to teach the elementary branches of an English education shall be furnished, who will reside among said Indians and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for not less than twenty years.

  ARTICLE VIII.
  When the head of a family or lodge shall have selected lands and received his certificate as above directed, and the agent shall be satisfied that he intends in good faith to commence cultivating the soil for a living, he shall be entitled to receive seeds and agricultural implements for the first year, not exceeding in value one hundred dollars, and for each succeeding year he shall continue to farm, for a period of three years more, he shall be entitled to receive seeds and implements as aforesaid, not exceeding in value twenty-five dollars. And it is further stipulated that such persons as commence farming shall receive instruction from the farmer herein provided for, and whenever more than one hundred persons shall enter upon the cultivation of the soil, a second blacksmith shall be provided, with such iron, steel, and other material as may be needed.

  ARTICLE IX.
  At any time after ten years fro the making of this treaty, the United States shall have the privilege of withdrawing the physician, farmer, blacksmith, carpenter, engineer, and miller herein provided for, but in case of such withdrawal, an additional sum thereafter of ten thousand dollars per annum shall be devoted to the education of said Indians, and the Commissioner of Indian Affairs shall, upon careful inquiry into their condition, make such rules and regulations for the expenditure of said sums as will best promote the education and moral improvement of said tribes.

  ARTICLE X.
  In lieu of all sums of money or other annuities provided to be paid to the Indians herein named under any treaty or treaties heretofore made, the United States agrees to deliver at the agency house on the reservation herein named, on or before the first day of August of each year, for thirty years, the following articles, to wit:

  For each male person over 14 years of age, a suit of good substantial woollen clothing, consisting of coat, pantaloons, flannel shirt, hat, and a pair of home-made socks.

  For each female over 12 years of age, a flannel shirt, or the goods necessary to make it, a pair of woollen hose, 12 yards of calico, and 12 yards of cotton domestics.

  For the boys and girls under the ages named, such flannel and cotton goods as may be needed to make each a suit as aforesaid, together with a pair of woollen hose for each.

  And in order that the Commissioner of Indian Affairs may be able to estimate properly for the articles herein named, it shall be the duty of the agent each year to forward to him a full and exact census of the Indians, on which the estimate from year to year can be based.

  And in addition to the clothing herein named, the sum of $10 for each person entitled to the beneficial effects of this treaty shall be annually appropriated for a period of 30 years, while such persons roam and hunt, and $20 for each person who engages in farming, to be used by the Secretary of the Interior in the purchase of such articles as from time to time the condition and necessities of the Indians may indicate to be proper. And if within the 30 years, at any time, it shall appear that the amount of money needed for clothing, under this article, can be appropriated to better uses for the Indians named herein, Congress may, by law, change the appropriation to other purposes, but in no event shall the amount of the appropriation be withdrawn or discontinued for the period named. And the President shall annually detail an officer of the army to be present and attest the delivery of all the goods herein named, to the Indians, and he shall inspect and report on the quantity and quality of the goods and the manner of their delivery. And it is hereby expressly stipulated that each Indian over the age of four years, who shall have removed to and settled permanently upon said reservation, one pound of meat and one pound of flour per day, provided the Indians cannot furnish their own subsistence at an earlier date. And it is further stipulated that the United States will furnish and deliver to each lodge of Indians or family of persons legally incorporated with the, who shall remove to the reservation herein described and commence farming, one good American cow, and one good well-broken pair of American oxen within 60 days after such lodge or family shall have so settled upon said reservation.

  ARTICLE XI.
  In consideration of the advantages and benefits conferred by this treaty and the many pledges of friendship by the United States, the tribes who are parties to this agreement hereby stipulate that they will relinquish all right to occupy permanently the territory outside

  their reservations as herein defined, but yet reserve the right to hunt on any lands north of North Platte, and on the Republican Fork of the Smoky Hill river, so long as the buffalo may range thereon in such numbers as to justify the chase. And they, the said Indians, further expressly agree:

  1st. That they will withdraw all opposition to the construction of the railroads now being built on the plains.

  2d. That they will permit the peaceful construction of any railroad not passing over their reservation as herein defined.

  3d. That they will not attack any persons at home, or travelling, nor molest or disturb any wagon trains, coaches, mules, or cattle belonging to the people of the United S

  tates, or to persons friendly therewith.

  4th. They will never capture, or carry off from the settlements, white women or children.

  5th. They will never kill or scalp white men, nor attempt to do them harm.

  6th. They withdraw all pretence of opposition to the construction of the railroad now being built along the Platte river and westward to the Pacific ocean, and they will not in future object to the construction of railroads, wagon roads, mail stations, or other works of utility or necessity, which may be ordered or permitted by the laws of the United States. But should such roads or other works be constructed on the lands of their reservation, the government will pay the tribe whatever amount of damage may be assessed by three disinterested commissioners to be appointed by the President for that purpose, one of the said commissioners to be a chief or headman of the tribe.

  7th. They agree to withdraw all opposition to the military posts or roads now established south of the North Platte river, or that may be established, not in violation of treaties heretofore made or hereafter to be made with any of the Indian tribes.

  ARTICLE XII.
  No treaty for the cession of any portion or part of the reservation herein described which may be held in common, shall be of any validity or force as against the said Indians unless executed and signed by at least three-fourths of all the adult male Indians occupying or interested in the same, and no cession by the tribe shall be understood or construed in such manner as to deprive, without his consent, any individual member of the tribe of his rights to any tract of land selected by him as provided in Article VI of this treaty.

  ARTICLE XIII.
  The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths, as herein contemplated, and that such appropriations shall be made from time to time, on the estimate of the Secretary of the Interior, as will be sufficient to employ such persons.

  ARTICLE XIV.
  It is agreed that the sum of five hundred dollars annually for three years from date shall be expended in presents to the ten persons of said tribe who in the judgment of the agent may grow the most valuable crops for the respective year.

  ARTICLE XV.
  The Indians herein named agree that when the agency house and other buildings shall be constructed on the reservation named, they will regard said reservation their permanent home, and they will make no permanent settlement elsewhere; but they shall have the right, subject to the conditions and modifications of this treaty, to hunt, as stipulated in Article XI hereof.

  ARTICLE XVI.
  The United States hereby agrees and stipulates that the country north of the North Platte river and east of the summits of the Big Horn mountains shall be held and considered to be unceded. Indian territory, and also stipulates and agrees that no white person or persons shall be permitted to settle upon or occupy any portion of the same; or without the consent of the Indians, first had and obtained, to pass through the same; and it is further agreed by the United States, that within ninety days after the conclusion of peace with all the bands of the Sioux nation, the military posts now established in the territory in this article named shall be abandoned, and that the road leading to them and by them to the settlements in the Territory of Montana shall be closed.

  ARTICLE XVII.
  It is hereby expressly understood and agreed by and between the respective parties to this treaty that the execution of this treaty and its ratification by the United States Senate shall have the effect, and shall be construed as abrogating and annulling all treaties and agreements heretofore entered into between the respective parties hereto, so far as such treaties and agreements obligate the United States to furnish and provide money, clothing, or other articles of property to such Indians and bands of Indians as become parties to this treaty, but no further.

  In testimony of all which, we, the said commissioners, and we, the chiefs and headmen of the Brule band of the Sioux nation, have hereunto set our hands and seals at Fort Laramie, Dakota Territory, this twenty-ninth day of April, in the year one thousand eight hundred and sixty-eight.

   

  N. G. TAYLOR,
  W. T. SHERMAN,
  Lieutenant General
  WM. S. HARNEY,
  Brevet Major General U.S.A.
  JOHN B. SANBORN,
  S. F. TAPPAN,
  C. C. AUGUR,
  Brevet Major General
  ALFRED H. TERRY,
  Brevet Major General U.S.A.
  Attest:
  A. S. H. WHITE, Secretary.

  Executed on the part of the Brule band of Sioux by the chiefs and headman whose names are hereto annexed, they being thereunto duly authorized, at Fort Laramie, D. T., the twenty-ninth day of April, in the year A. D. 1868.

  MA-ZA-PON-KASKA, his X mark, Iron Shell.
  WAH-PAT-SHAH, his X mark, Red Leaf.
  HAH-SAH-PAH, his X mark, Black Horn.
  ZIN-TAH-GAH-LAT-WAH, his X mark, Spotted Tail.
  ZIN-TAH-GKAH, his X mark, White Tail.
  ME-WAH-TAH-NE-HO-SKAH, his X mark, Tall Man.
  SHE-CHA-CHAT-KAH, his X mark, Bad Left Hand.
  NO-MAH-NO-PAH, his X mark, Two and Two.
  TAH-TONKA-SKAH, his X mark, White Bull.
  CON-RA-WASHTA, his X mark, Pretty Coon.
  HA-CAH-CAH-SHE-CHAH, his X mark, Bad Elk.
  WA-HA-KA-ZAH-ISH-TAH, his X mark, Eye Lance.
  MA-TO-HA-KE-TAH, his X mark, Bear that looks behind.
  BELLA-TONKA-TONKA, his X mark, Big Partisan.
  MAH-TO-HO-HONKA, his X mark, Swift Bear.
  TO-WIS-NE, his X mark, Cold Place.
  ISH-TAH-SKAH, his X mark, White Eye.
  MA-TA-LOO-ZAH, his X mark, Fast Bear.
  AS-HAH-HAH-NAH-SHE, his X mark, Standing Elk.
  CAN-TE-TE-KI-YA, his X mark, The Brave Heart.
  SHUNKA-SHATON, his X mark, Day Hawk.
  TATANKA-WAKON, his X mark, Sacred Bull.
  MAPIA SHATON, his X mark, Hawk Cloud.
  MA-SHA-A-OW, his X mark, Stands and Comes.
  SHON-KA-TON-KA, his X mark, Big Dog.
  Attest:
  ASHTON S. H. WHITE, Secretary of Commission.
  GEORGE B. WITHS, Phonographer to Commission.
  GEO. H. HOLTZMAN.
  JOHN D. HOWLAND.
  JAMES C. O’CONNOR.
  CHAR. E. GUERN, Interpreter.
  LEON T. PALLARDY, Interpreter.
  NICHOLAS JANIS, Interpreter.

  Executed on the part of the Ogallalla band of Sioux by the chiefs and headmen whose names are hereto subscribed, they being thereunto duly authorized, at Fort Laramie, the 25th day of May, in the year A. D. 1868.

  TAH-SHUN-KA-CO-QUI-PAH, his mark, Man-afraid-of-his-horses.
  SHA-TON-SKAH, his X mark, White Hawk.
  SHA-TON-SAPAH, his X mark, Black Hawk.
  EGA-MON-TON-KA-SAPAH, his X mark, Black Tiger
  OH-WAH-SHE-CHA, his X mark, Bad Wound.
  PAH-GEE, his X mark, Grass.
  WAH-NON SAH-CHE-GEH, his X mark, Ghost Heart.
  COMECH, his X mark, Crow.
  OH-HE-TE-KAH, his X mark, The Brave.
  TAH-TON-KAH-HE-YO-TA-KAH, his X mark, Sitting Bull.
  SHON-KA-OH-WAH-MEN-YE, his X mark, Whirlwind Dog.
  HA-KAH-KAH-TAH-MIECH, his X mark, Poor Elk.
  WAM-BU-LEE-WAH-KON, his X mark, Medicine Eagle.
  CHON-GAH-MA-HE-TO-HANS-KA, his X mark, High Wolf.
  WAH-SECHUN-TA-SHUN-KAH, his X mark, American Horse.
  MAH-KAH-MAH-HA-MAK-NEAR, his X mark, Man that walks under the ground.
  MAH-TO-TOW-PAH, his X mark, Four Bears.
  MA-TO-WEE-SHA-KTA, his X mark, One that kills the bear.
  OH-TAH-KEE-TOKA-WEE-CHAKTA, his X mark, One that kills in a hard place.
  TAH-TON-KAH-TA-MIECH, his X mark, The Poor Bull.
  OH-HUNS-EE-GA-NON-SKEN, his X mark, Mad Shade.
  SHAH-TON-OH-NAH-OM-MINNE-NE-OH-MINNE, his X mark, Whirling hawk.
  MAH-TO-CHUN-KA-OH, his X mark, Bear’s Back.
  CHE-TON-WEE-KOH, his X mark, Fool Hawk.
  WAH-HOH-KE-ZA-AH-HAH, his X mark,
  EH-TON-KAH, his X mark, Big Mouth.
  MA-PAH-CHE-TAH, his X mark, Bad Hand.
  WAH-KE-YUN-SHAH, his X mark, Red Thunder.
  WAK-SAH, his X mark, One that Cuts Off.
  CHAH-NOM-QUI-YAH, his X mark, One that Presents the Pipe.
  WAH-KE-KE-YAN-PUH-TAH, his X mark, Fire Thunder.
  MAH-TO-NONK-PAH-ZE, his X mark, Bear with Yellow Ears.
  CON-REE-TEH-KA, his X mark, The Little Crow.
  HE-HUP-PAH-TOH, his X mark, The Blue War Club.
  SHON-KEE-TOH, his X mark, The Blue Horse.
  WAM-BALLA-OH-CONQUO, his X mark, Quick Eagle.
  TA-TONKA-SUPPA, his X mark, Black Bull.
  MOH-TOH-HA-SHE-NA, his X mark, The Bear Hide.
  Attest:
  S. E. WARD.
  JAS. C. O’CONNOR.
  J. M. SHERWOOD.
  W. C. SLICER.
  SAM DEON.
  H. M. MATHEWS.
  JOSEPH BISS
  NICHOLAS JANIS, Interpreter.
  LEFROY JOTT, Interpreter.
  ANTOINE JANIS, Interpreter.

  Executed on the part of the Minneconjou band of Sioux by the chiefs and headmen whose names are hereunto subscribed, they being thereunto duly authorized.

  HEH-WON-GE-CHAT, his X mark, One Horn.
  OH-PON-AH-TAH-E-MANNE, his X mark, The Elk that Bellows Walking.
  HEH-HO-LAH-ZEH-CHA-SKAH, his X mark, Young White Bull.
  WAH-CHAH-CHUM-KAH-COH-KEEPAH, his X mark, One that is Afraid of Shield.
  HE-HON-NE-SHAKTA, his X mark, The Old Owl.
  MOC-PE-A-TOH, his X mark, Blue Cloud.
  OH-PONG-GE-LE-SKAH, his X mark, Spotted Elk.
  TAH-TONK-KA-HON-KE-SCHUE, his X mark, Slow bull.
  SHONK-A-NEE-SHAH-SHAH-ATAH-PE, his X mark, The Dog Chief.
  MA-TO-TAH-TA-TONK-KA, his X mark, Bull Bear.
  WOM-BEH-LE-TON-KAH, his X mark, The Big Eagle.
  MATOH, EH-SCHNE-LAH, his X mark, The Lone Bear.
  MA-TOH-OH-HE-TO-KEH, his X mark, The Brave Bear.
  EH-CHE-MA-KEH, his X mark, The Runner.
  TI-KI-YA, his X mark, The Hard.
  HE-MA-ZA, his X mark, Iron Horn.
  Attest:
  JAS. C O’CONNOR,
  WM. D. BROWN,
  NICHOLAS JANIS,
  ANTOINE JANIS,
  Interpreters.

  Executed on the part of the Yanctonais band of Sioux by the chiefs and headmen whose names are hereto subscribed, they being thereunto duly authorized:

  MAH-TO-NON-PAH, his X mark, Two Bears.
  MA-TO-HNA-SKIN-YA, his X mark, Mad Bear.
  HE-O-PU-ZA, his X mark, Louzy.
  AH-KE-CHE-TAH-CHE-KA-DAN, his X mark, Little Soldier.
  MAH-TO-E-TAN-CHAN, his X mark, Chief Bear.
  CU-WI-TO-WIA, his X mark, Rotten Stomach.
  SKUN-KA-WE-TKO, his X mark, Fool Dog.
  ISH-TA-SAP-PAH, his X mark, Black Eye.
  IH-TAN-CHAN, his X mark, The Chief.
  I-A-WI-CA-KA, his X mark, The One who Tells the Truth.
  AH-KE-CHE-TAH, his X mark, The Soldier.
  TA-SHI-NA-GI, his X mark, Yellow Robe.
  NAH-PE-TON-KA, his X mark, Big Hand.
  CHAN-TEE-WE-KTO, his X mark, Fool Heart.
  HOH-GAN-SAH-PA, his X mark, Black Catfish.
  MAH-TO-WAH-KAN, his X mark, Medicine Bear.
  SHUN-KA-KAN-SHA, his X mark, Red Horse.
  WAN-RODE, his X mark, The Eagle.
  CAN-HPI-SA-PA, his X mark, Black Tomahawk.
  WAR-HE-LE-RE, his X mark, Yellow Eagle.
  CHA-TON-CHE-CA, his X mark, Small Hawk, or Long Fare.
  SHU-GER-MON-E-TOO-HA-SKA, his X mark, Fall Wolf.
  MA-TO-U-TAH-KAH, his X mark, Sitting Bear.
  HI-HA-CAH-GE-NA-SKENE, his X mark, Mad Elk.
  Arapahoes.
  LITTLE CHIEF, his X mark.
  TALL BEAR, his X mark.
  TOP MAN, his X mark.
  NEVA, his X mark.
  THE WOUNDED BEAR, his X mark.
  WHIRLWIND, his X mark.
  THE FOX, his X mark.
  THE DOG BIG MOUTH, his X mark.
  SPOTTED WOLF, his X mark.
  SORREL HORSE, his X mark.
  BLACK COAL, his X mark.
  BIG WOLF, his X mark.
  KNOCK-KNEE, his X mark.
  BLACK CROW, his X mark.
  THE LONE OLD MAN, his X mark.
  PAUL, his X mark.
  BLACK BULL, his X mark.
  BIG TRACK, his X mark.
  THE FOOT, his X mark.
  BLACK WHITE, his X mark.
  YELLOW HAIR, his X mark.
  LITTLE SHIELD, his X mark.
  BLACK BEAR, his X mark.
  WOLF MOCASSIN, his X mark.
  BIG ROBE, his X mark.
  WOLF CHIEF, his X mark.
  Witnesses:
  ROBERT P. MCKIBBIN,
  Captain 4th Infantry, and Bvt. Lieut. Col. U. S. A.,
  Commanding Fort Laramie.
  WM. H. POWELL,
  Brevet Major, Captain 4th Infantry.
  HENRY W. PATTERSON,
  Captain 4th Infantry.
  THEO E. TRUE,
  Second Lieutenant 4th Infantry.
  W. G. BULLOCK.
  FORT LARAMIE, WYOMING TERRITORY
  November 6, 1868.
  MAH-PI-AH-LU-TAH, his X mark, Red Cloud.
  WA-KI-AH-WE-CHA-SHAH, his X mark, Thunder Man.
  MA-ZAH-ZAH-GEH, his X mark, Iron Cane.
  WA-UMBLE-WHY-WA-KA-TUYAH, his X mark, High Eagle.
  KO-KE-PAH, his X mark, Man Afraid.
  WA-KI-AH-WA-KOU-AH, his X mark, Thunder Flying Running.
  Witnessess:
  W. MCE. DYE,
  Brevet Colonel U. S. Army,
  Commanding.
  A. B. CAIN,
  Captain 4th Infantry, Brevet Major U. S. Army.
  ROBT. P. MCKIBBIN,
  Captain 4th Infantry, Bvt. Lieut. Col. U. S. Army.
  JNO. MILLER,
  Captain 4th Infantry.
  G. L. LUHN,
  First Lieutenant 4th Infantry, Bvt. Capt. U. S. Army.
  H. C. SLOAN,
  Second Lieutenant 4th Infantry.

  Transcription courtesy of the Avalon Project at Yale Law School.

United State of Distraction

• North Dakota Pipeline To Halt Temporarily After Tribe’s Protest
  
  A pipeline company agreed to halt until Friday construction of an oil pipeline in parts of North Dakota where a Native American tribe says it has ancient burial and prayer sites, a lawyer for the company said in court on Tuesday.

  After violent clashes over the weekend between protesters and security officers near the construction site, the Standing Rock Sioux tribe and a neighboring Native American tribe had asked the U.S. District Court for the District of Columbia on Sunday for a temporary restraining order against Dakota Access, the company building the pipeline.

   

• Breaking: North Dakota Governor Activates National Guard Against Pipeline Protest
  
  Previously peaceful protests at the construction site of the Dakota Access pipeline have officially been militarized. North Dakota Governor Jack Dalrymple has called on the state’s National Guard to reinforce law enforcement at the construction site where Native American protesters are currently blocking further development.

  [Breaking update: Justice Department Overrules Court, Dakota Access Pipeline Construction Halted]

  Over the weekend, peaceful protests turned violent after security guards from G4S, a British mercenary group, unleashed dogs on the demonstrators, provoking a confrontation the media spun as violently aggressive on the part of those protesting. The scuffle ensued after construction workers allegedly destroyed sacred Native American burial sites. However, video from the scene tells a different story — one of provocation from proponents of pipeline security.

• National Guard to provide assistance to officers at pipeline protest
  

  Gov. Jack Dalrymple activated the North Dakota National Guard in a limited role Thursday to provide support for civilian authorities dealing with the Dakota Access Pipeline protests south of Mandan as a key court ruling loomed Friday.

  The Guard’s adjutant general stressed that soldiers will not patrol the main protest encampment north of Cannon Ball.

  “The Guard is not heading south,” Maj. Gen. Alan Dohrmann said during a news conference. “The Guard’s role here is to promote, like everyone else, public safety and to help out with law enforcement so we can free up officers with patrols cars to go down there and have a visible presence.”

  About a dozen armed Guardsmen will relieve law enforcement officers at a traffic control checkpoint on Highway 1806 about 6 miles south of Mandan that was put in place Aug. 17 to restrict southbound travel to local traffic only, Dohrmann said.

Operation: Following Suit

• Yankton Sioux Tribe Files Federal Lawsuit to Stop DAPL
  

  The Ihanktonwan Oyate, or Yankton Sioux Tribe, has filed a new lawsuit against the Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (FWS) challenging the federal agencies’ decisions to authorize construction of the Dakota Access Pipeline (DAPL).
  The complaint was filed today, Thursday, September 8, 2016 by the Tribe and Robert Flying Hawk, chairman of its Business and Claims Committee, in federal district court for the District of Columbia. The lawsuit was filed one day before a federal district judge is scheduled to render a decision on a similar lawsuit brought by the Standing Rock Sioux Tribe and joined by the Cheyenne River Sioux Tribe.
  “As Chairman of the Ihanktonwan, I and the Ihanktonwan Oyate support the efforts our relatives at Standing Rock and Cheyenne River are taking to protect what we as the Oceti Sakowin hold sacred. We stand with them and all our relatives in taking this action in defense of our people,” Chairman Flying Hawk said.
  Yankton’s complaint includes claims under the National Historic Preservation Act, the National Environmental Policy Act, the Clean Water Act, and the Administrative Procedures Act.
  The Tribe’s lawsuit highlights the Corps’ blatant failure to engage in consultation as required by federal laws and regulations as well as the Corps’ own policies. Less than four months ago, the Tribe had its first meeting with Corps officials regarding section 408 permits in North Dakota which the parties agreed was a “pre-consultation” meeting, and did not constitute actual consultation.

   

Standing Rock Sioux Without Standing

• UNITED STATES DISTRICT COURT
  FOR THE DISTRICT OF COLUMBIA: MEMORANDUM OPINION

PipelineS SKIRT Reservation Land

• Standing Rock: no Corps easements 4 Dakota Pipeline
  

  Map source: Inside Climate News

  The pipeline company is waiting for the U.S. Army Corp of Engineers (USACE) to grant an easement to drill under Lake Oahe, ND. The Obama Administration must halt the issuance of an easement until the Standing Rock Sioux Tribe can have the opportunity to ensure the protection of its waters and sacred places.

  Map source: Inside Climate News, Dakota Pipeline Was Approved by Army Corps Over Objections of Three Federal Agencies by Phil McKenna, Aug 30, 2016. The federal agencies objecting were U.S. Environmental Protection Agency (EPA), the Department of the Interior and the Advisory Council on Historic Preservation.

   

The “Anonymous” “3rd Party”

• Stalking Horse In Action
  

  In the event of failure, the anonymous party is seen as being sufficiently powerful to protect the “horse” from any real retribution on the part of the target, particularly since the anonymity will allow the third party to step in and pretend to be an honest broker between the “horse” and the target. This is a further opportunity to enhance the reputation of the third party and boost their status at the expense of the target. If the exercise is viable, the third party gains power immediately, but even if it fails it engineers an opportunity to resolve a stalemate and enhance the contender’s reputation, so that ultimate success is another step nearer, to the benefit of both the third party and the “horse”, who expects to slipstream in its wake.^[1][4][5]

Enter The “Anonymous” 3rd Party

• US Government Steps In After Judge Rules Against Standing Rock Sioux
  

   

  A series of “game-changing” developments impacting the Dakota Access Pipeline (DAPL) battle on Friday afternoon were testament to the power of organizing.

  Striking a blow to the vibrant, Indigenous-led resistance movement that has sprung up against the four-state oil pipeline, a federal judge on Friday denied the Standing Rock Sioux Tribe’s attempt to halt its construction.

  Shortly afterward, however, the Department of Justice, the Department of the Army, and the Department of the Interior issued a joint statement indicating that “important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding [DAPL] specifically, and pipeline-related decision-making generally, remain.”

  As a result, the statement read, construction on Army Corps land bordering or under Lake Oahe—which straddles North and South Dakota—will be halted until the Corps “can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws.”

  “In the interim,” the agencies continued, “we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.”

  The statement continued:

  Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.

   

• Moments After Judge Denies DAPL Injunction, Federal Agencies Intervene
  

  Shortly after federal Judge James Boasberg denied the Standing Rock Sioux Tribe’s request for an injunction against the Dakota Access oil pipeline, the U.S. Department of the Interior, Department of Justice and Army Corps of Engineers issued a joint statement that, in effect, temporarily halts all construction bordering Lake Oahe on the Missouri.

  The tribe had sought an injunction to stop the routing of the Dakota Access oil pipeline underneath the Missouri River, the source of the reservation’s drinking water, on the grounds that the U.S. Army Corps of Engineers had failed to conduct a proper environmental and cultural impact study. While acknowledging that damage had been done to an area sacred to the tribe, Boasberg said that the tribe had not made its case for an injunction.

  “This Court does not lightly countenance any depredation of lands that hold significance to the Standing Rock Sioux,” Boasberg concluded at the end of a 58-page ruling. “Aware of the indignities visited upon the Tribe over the last centuries, the Court scrutinizes the permitting process here with particular care. Having done so, the Court must nonetheless conclude that the Tribe has not demonstrated that an injunction is warranted here. The Court, therefore, will issue a contemporaneous Order denying the Plaintiffs’ Motion for Preliminary Injunction.”

  The judge acknowledged the complexity of the case at several points in his decision, which was based on how federal law, consultation and permitting all come to affect lands of varying levels of legally-defined historic significance.

  Shortly after Judge Boasberg’s decision, the three government agencies stepped in, suggesting that a change in process may be in order when it comes to how the courts and federal law view Indian land.

  “We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act,” the joint announcement stated. “However, important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain.”

  The agencies called for “serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects.” The statement announced “formal, government-to-government consultations” this fall that would examine what the federal government can do “to ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights,” and whether new legislation was needed to meet the goal of meaningful consultation.

The Dupe Is On!

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Silent Weapons for Quiet Wars

• The people know that they have created this farce and financed it with their own taxes (consent), but they would rather knuckle under than be the hypocrite. Factor VI – Cattle Those who will not use their brains are no better off than those who have no brains, and so this mindless school of jelly-fish, father, mother, son, and daughter, become useful beasts of burden or trainers of the same.
• Mr. Rothschild’s Energy Discovery
  What Mr. Rothschild [2] had discovered was the basic principle of power, influence, and control over people as applied to economics. That principle is “when you assume the appearance of power, people soon give it to you.”

The Law of War

• General Orders No. 100: The Lieber Code

  INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD

Where Not Throwing Oppression Off, You Live Either Under an Occupation or by Conquest.

The Choice and Responsibility are Yours. United We Strike

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