America's longest war II/r' n/i: Thr, is //' firsf of a ie -par/ erie on hic - rela/inship lie/uwee the Amier- ian I1CI/eeii1rnien/ andl el Sioun iia/in. N /i/h/1i M1sh i a free- lance w ri/r aind playwriirg/r. He inuered / h Wsndnd Kine r'rege a a rep/r/eri is ii |t 1iwright hle hali irraI/ed" /he ldi/ri h War, a non / irn/I, rin/ii Indian ii aer s/rii gly 'simitur las/l yar onfrrr/a//,. opri i/ hi//i Pan/ric Newsi Neri, 1974., TIhe mnia if giintiei ha enr.. iatrd i iii- iairtrerai-ina ii tie cnneierinm. and wiunded Knre grts i""a'. na"i'i""ii att'ention tiii, lint the ranlliri btwtien the Unitedi State eeernmnt andt Amiriran Indiar., in. a'. litrn'e ii- e. Federal nracid .inrie hare Indie-ted 1:30 Amneeican Inalian Moement mnenriher" tar ther role in the 197:3 icuatliin it Wonnded Knee, a t" i tw n the Pinc Ridge In- dfian1 Ileevitinn ina Soath Ilihota. 'Sot fiir imnre than 5Siyear', have in nmany inwmeiitr. ii a .ingte iiititieat geriipcntme inierniignieriineni irn.. rsecuiin. lane r o ither Iidians lace chaeges in trihai and state cattets. Whast tie., tihiti the infrenta- jolt at Woiitdiid Knee, andi ne in the fideea < cthe, fm r wtit Indian Peiile-.? 'Aiteeea's Iiingest wae' henins hyv ditensing the trial xi AIM1 leader., Iniseti Mean., ald Denni., tanhi,. hIlt cares the itney haakh tn the ee/tic incident., whieh teig- geeed the 71 day nciiliatinn at Wnttnded Knit, and tn the 150 yeae tang ieait it heohen teeatiest whieh iieone. tue hey defetire inse In the trial. The defendant., claint it in the gaseenmnen I - nnt the Indian ne- ctiliers nf Wiiinded Knee - tnhich as n lriat tnr Ihe tyitenmatie tvinla- lien at Indian treat-y rights, and It i., thoe right, wnhich the gateen- rnin: ha Inecd ol Iin .lace- iown tedeeal and state caurel r1m . PART I: TRAII OF BROJ(EN TREATIES rilIE INDIAN WARS are be tog fought again - in a federal courtroom Where Ameri- can Indian Movement leaders Dennis Banks and Russell Means stand trial on charges arising out of the 1973 occupa- tion and siege of Wounded Knee. Now in its sixth month, the St. Paul, Minnesota trial be- came the stage for an historic confrontation when Federal Judge Fred .. Nichid admitted in 1868 treaty as evidence. The Indians who defeated General C tster in 1876 were de- fending lands guaranteed the Sioux Nation under the Treaty of 1M68. Indian resistance to U. S. domination' ended, appar- ently for all time, in 1890 when federal troops massacred 350 Sioiux at Wounded Knee. Charged for conspiracy in the 1973 occupation if 'Wounded Knee, defendants Banks and Means charge in turn that the United States violated the sove- reignty of the Sioux Nation by besieging the reservation town. Last March, defense attorneys called for a mistrial on grounds that federal agents falsified documents, withheld evidence, and maintained illegal electronic surveillance of lawyer - client conversations. But Banks and Means chose to continue the proceedings. Rather than gain freedom on grounds of govern- ment misconduct, the defend- ants are attempting to show the court that government treaty violations led to violence at Wiinded Knee. THE GOVERNMENT CLAIMS that Oglala Sioux and members of the American In- dian Movement (AIM) illegally IlE Michigan Daily Edited and managed by Students at the University of Michigan Wednesday, June 19, 1974 News Phone: 764-0552 kTing aim a handguns N THE MIDDLE of the night, a man awoke suddenly to a muffled sound on the floor below. Immediately his mind flashed to thoughts of an armed robber. He quickly grabbed the snub-nosed .38 revolved he kept in the night stand and quietly moved down the stairs. Carefully he aimed the gun at a shadowy figure in the living room. He pulled the trigger. The gun recoiled. The room filled with a deafening roar and the sickly-sweet smell of gunpowder. The man's son fell to the- floor - dead. The teenager was trying to sneak in from a late party. This and similar stories account for most of the 'accidental" shooting deaths reported each year which can be directly attributed to the misuse of handguns. Presently a state group called the Citizens United to Save Lives (CUSL) is attempting to place a proposal on the November ballot that would ban private ownership of handguns. The proposal is one that definitely should go before the people and we hope will be overwhelmingly approved. Banning handguns from all private citizens is a necessary first step in cutting a run-away homicide level that reached nearly 1,100 in Michigan last year. Over half those deaths involved handguns. 'JHERE ARE FEW compelling reasons for private citi- zens to arm themselves to the teeth. Banning hand buns will help alleviate that undesirable situation and consequently prevent a few "accidents." occupied the South Dakota town. The United States government, whose forces occupied the Pine Ridge reservation during the 1973 conflict, used a petition signed by tribal council presi- dent Dick Wilson to justify the legality of its siege of Wounded Knee The petition was withdrawn from evidence under suspicion of fraud when an FBI agent admitted he had been unable to find the document several months after its apparent date. The defendants assert that they came to Wounded Knee on the invitation of residents, the Oglala Sioux Civil Rights Or- ganization and traditional Sioux leaders. A petition signed by 69 Wounded Knee residents calls upon the United States Depart- ment of Justice to "cease and desist from firing upon our guest members of the American In- dian Movement." WOUNDED KNEE, a town less than a mile square, is on reservation land. Its residents, like their "guests" whose pres- ence led to the federal siege, are predominantly Oglala Sioux. If the courts rule that U. S. military actions at Wounded Knee violated Sioux sovereignty, Russell Means and Dennis Banks will have won a victory in a struggle that goes back 150 years. The Treaty of- 1868 was the last of a dozen made between the United States and the Sioux Nation. It concluded a war be- tween the U. S. Army and Sioux led by Oglala chief Red Cloud. 'This round of the In- dian wars began when the Ar- my, in violation of an 1851 Treaty, established a series of forts to-protect miners en route to gold fields in Montana. Only when soldiers withdrew from these these forts did Red Cloud sign the Treaty of 1868. The treaty established as In- dian territory the country east of the Big Born mountains, north of the North Platte River, and west of the Missouri River: an area comprising the western half of South Dakota, the north- ern half of Nebraska, and por- tions of Montana and Wyoming. On this territory "no white per- sons or persons shall be per- mitted to settle . . or without the Consent of the Indians . to pass through the same." It stipulated that no grant of the land would be valid without the signatures of three-fourths of the adult male Indians living thereon. HOWEVER, IN 1877, follow- ing the discovery of gold in the Black Hills and the defeat of Custer at Little Big Horn, Con- gress passed an act confiscat- ing the Black Hills. In return for the Sioux' sacred land, the act promised allotments of mon- ey and nouses. anese toe in- dians never received. This was the first of a series of confiscatory acts by federal and state legislatures which re- duced Sioux lands from a roll- ing ocean of plains to a few ar- bitrarily defined parcels of land -little of it actually arable. , With the slaughter of buffalo - which the Sioux had used for food, clothing, tools and cere monial objects - Indians in the area became completely depen- dent on the federal government. The Bureau of Indian Affairs has increased this dependency by leasing Sioux land which has economic value. Individual Sioux receive such sums as $5 per acre per year. The unemployment rate on the Pine Ridge reservation is 54 per cent. Consequently many Sioux depend on welfare; av- erage family income is less than $21100 a year. ALCOHOLISM AND SUI- CIDE are major problems among the 11,000 Oglala inside the reservation. Their suicide rate is five times the national average. The arrest rate is the U. S. average times sixteen, and .nearly half of these arrests are related to the overuse of alcohol. The issue of sovereignty which Banks and Means are raising involves more than the question of land and the eco- nomic misery inflicted by the dominant society. Central to the events which led to the Wounded Knee conflict are grievances regarding the sys- tems of justice and govern- ment which the Sioux live un- der. The trail to Wounded. Knee began, symbolically enough, in Custer, South Dakota. In this town south of the Black Hills N a t i o n a 1 Forest, Dar- ald Schmitz, a white man, stood trial for the fatal knifing of Wesley Bad Heart Bull on January 21, 1973. Schmitz was charged with second - degree manslaughter, the mimimum homicide charge in South Da- kota, and freed on $2500 bond. ON FEBRUARY 6TH two hundred protesters, including Banks, a Chippewa from Min- nesota, and Means, an Oglala from Pine Ridge, came to the Custer County Court House. The protesters wanted Schmitz charged with murder. When In- dians stormed the doors of the courthouse, they were met by police and rio-equipped High- way Patrolmen who used tear-' gas, smoke bombs, and water hoses to clear Indians from the area. Before the day was over eight lawmen were wounded, thirty Indians jailed, and -the Cham- ber of Commerce building burn- ed to the ground. Among those arraigned was Sarah Bad Heart Bull, the victim's mother. The charged atmosphere at Custer, like a Dakota storm- cloud, moved northeast to Ra- pid City. There on February 9th police arrested Indians off the streets after a barfight be- tween an Indian and white men. Indians retailiated by damag- ing bars frequented by whites. Over forty people wee arrest- ed, all of them Indian. ON FEBRUARY 21ST t h e storm passed to the nearby Pine Ridge reservation. The Og- lala Sioux Tribal Council met to consider the impeachment of council president Richard Wil- son. Wilson was charged with nepotism, misuse of tribal funds, failure to convene or con- sult the council, illegal leas- ing of reservation land to white people, and the maintenance with federal monies of a private police force popularly known as Wilson's goon squad". During the months preceding the takeover of Wounded Knee, reservation Sioux made ap- proximately 150 complaints to the federal government of civil rights violations by Wilson and his police. These included charges of intimidation, beat- ings and other violence. The government responded to none of these charges. The attempt to impeach Wil- son was frustrated when he demanded an immediate hear- ing, for which his opposition on the council was unprepared. The anti-Wilson members walk- ed out. Those remaining voted to drop the charges. (Wilson was recently re-elect- ed by a 1730 to 1530 vote over Russell Means. Means, on trial and unable to campaign, called the election "illegal and an in- credible travesty of justice.' Wilson ordered those who voted for Means to leave the reser- vation. He had previously or- dered Means arrested if the AIM leader entered the reser- vation. Means is a resident of Pine. Ridge.) A WEEK AFTER THE im- peachment meeting, Means was beaten up within 100 yards of the Bureau of Indian Affairs Agency and Police Station, per- haps by members of Wilson's goon squad. Also beaten was Gary Thomas, a white legal aid attorney. That night, February 27, 1973, a caravan of Oglala Sioux and AIM members drove into Wounded Knee. This act of pro- test, met by federal siege, be- came a 71-day battle: the first major violent struggle between Indians and the U. S. govern- ment since the Wounded Knee Massacre 83 years before. PART .I: THE SIEGE OF WOUNDED KNEE