American Indian Report - May 2008 - (Page 11)

PoLICy “Merciless Indian Savages” and the Declaration of Independence By gregory A. Smith THE DECLARATION OF INDEPENDENCE is considered the founding document of the United States, with its adoption date — July 4th — celebrated as America’s Independence Day. Justly famed as one of the most important documents in the development of modern democracy, its opening paragraphs contain ringing language familiar to most Americans: “When in the course of Human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another … a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation…. We hold these Truths to be self-evident that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness ….” Less familiar, however, is the Declaration’s long list of “repeated Injuries and Usurpations” by King George III that form the basis for dissolving the “Political Bands” with Great Britain. For those who work in federal Indian law, the list is striking as it contains several provisions that sound very much like grievances Indian nations have against the federal government. For example, one complaint against King George III is that “He has combined with others to subject us to a Jurisdiction foreign to our Constitution, and unacknowledged by our Laws; giving his Assent to their Acts of pretended Legislation:…For suspending our own Legislatures and declaring themselves invested with Power to legislate for us in all Cases whatsoever.” Even more disturbing is the Declaration’s characterization of Native peoples: “He has excited domestic Insurrections amongst us, and has endeavoured to bring on the Inhabitants of our Frontiers, the merciless Indian Savages whose known Rule of Warfare, is an undistinguished Destruction of all Ages, Sexes and Conditions.” This libel is indicative of how the federal government has manipulated the Native role in American history to its advantage from the beginning. It is also extremely ironic as assistance from several tribes, such as the Oneida, played an important role in the success of the American Revolution. The Declaration, as an historic document, cannot be changed; however, Congress could pass a resolution that the United States no longer stands by this particular justification for American independence. Getting history right does make a difference. n Gregory A. Smith is an attorney and government affairs specialist with the law firm of Smith & Brown-Yazzie LLP. He can be reached at gsmith@ smithbrownyazzie.com. American Indian Report May 2008 11 http://www.loc.gov/rr/program/bib/ourdocs/DeclarInd.html http://www.loc.gov/rr/program/bib/ourdocs/DeclarInd.html

Table of Contents Feed for the Digital Edition of American Indian Report - May 2008

American Indian Report - May 2008 Contents Courts: Blackfeet Housing Authority Can Be Sued For Unhealthy Homes Congress: Activity on the Hill Ethics & Standards of Conduct: Personal Use of Tribal Property Policy: "Meriless Indian Savages" and the Declaration of Independence Green Technology Grants: New DOJ Program Provides Funding For Rape Crisis Centers Listen & Learn: Multiple Indirect Cost Rates Sweet Success Penobscot Nation Restores Cultural Use of Water Tribes Diversify with Private Equity Fund The Native American YouTube Tribal Government: An Introduction to Strategic Planning

American Indian Report - May 2008

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