Trusting
the Government:
The Case of the Indians
by
David Dieteman
One
of the sorriest political episodes of the present time is unfolding
in Washington, DC. It offers lessons of wide-ranging importance.
American
Indians, once in sole possession of the continent, have not been
treated kindly by the United States. Even prior to the existence
of the United States, they were not always treated so kindly by
European colonists. Most are familiar with Massasoit and the story
of the first Thanksgiving. Less are familiar with what the colonists
did to his son, Wamsutta. They murdered him.
The
killing is part of a sorry saga known as King
Philip's War, which lasted from 1675-76 (Philip was the colonists'
name for Metacom, the brother of Wamsutta), in which the colonists
exterminated the native populations near their colonies. After Metacom
(sometimes rendered as Metacomet or Pometacom) was killed and the
Wampanoag were defeated, the pilgrims yes, those pilgrims paraded
in Plymouth with his head. They also sold his son into slavery.
(For more information, have a look at King
Philip's War by Eric Schultz and Michael Tougias).
The
grandson of Massasoit, who helped the pilgrims to survive, was sold
as a slave. There's gratitude for you. As an aside, since the early
Yankees could not tolerate Indian independence, is it any surprise
that they later were so intolerant of Southern independence? Oh,
the burden of knowing what's best for everyone, even if they have
to be killed to understand what's for their own good.
As
treaty after treaty was signed we promise! by the federal government,
treaty after treaty was broken. The fact that several Indian nations
allied themselves with the Confederacy during the Civil War did
not help their fate. The Indians knew who their enemy was. After
the CSA was defeated with Cherokee general Stand Watie being the
last Confederate general to surrender the US Army did not exactly
soften its stand on the Indians.
Fast
forward 135 years, to the present. A federal judge, after citing
Clinton Interior Secretary Bruce Babbitt for "the worst case of
contempt of court" he had ever seen performed by a government officer,
ordered the Bureau of Indian Affairs (part of the Interior Department)
to give an accounting of what had happened to millions of dollars
in Indian trust accounts.
These
trust accounts are "administered" by the federal government.
Guess
what? The government's course of conduct continues even under
Gale Norton and the Bush administration, as
the Washington Times has reported.
Regarding
the 1999 contempt citation of Mr Babbitt, the Times notes
that
Beginning
in 1999, Judge [Royce C.] Lamberth ordered Interior Department
officials on two occasions to account for funds they held in
trust for more than 300,000 Indians, saying records provided
to the court showed that the money was so badly mishandled that
the government had no idea how much was missing or where it
could be found.
Judge
Lamberth...held Mr. Babbitt and Treasury Secretary Robert E.
Rubin in contempt for failing to turn over records in a lawsuit
filed by the Indians and ruled that the government had to pay
$625,000 for their inaction.
First,
notice that the government had no idea at all what had become
of the money which it held in trust for the Indians. No idea. Second,
you can bet that Babbitt and Rubin did not dip into their own pockets
or hand over their credit card numbers. No, for their bad conduct they spent your money, also known as "tax dollars." As
the Times continues,
The
judge issued the contempt citations after Mr. Babbitt and Mr.
Rubin refused to produce trust-fund records, canceled checks
and other documents demanded by the court.
The
Interior Department, which manages trust-fund accounts involving
settlements, royalties and payments to about 300,000 Indians
and 2,000 tribal accounts, has given several reasons why the
trust accounts are unavailable including that some have been
so tainted with rodent droppings that handling them would be
hazardous.
Now,
I have worked for a college newspaper, a city newspaper (the South
Bend Tribune), several law firms, several universities, and
so on and I have never seen any records stored in rodent droppings.
Certainly not rodent droppings so numerous that handling any records
would be "hazardous."
This
is the government that politicians want to control our lives? This
is the government with the magic wand to solve every problem that
can be imagined?
Yes.
Yes it is.
That
is the reality of the government: glitzy promises, backed up by
piles of rodent droppings. And don't you dare ask to see a copy
of your file it's hazardous to handle.
Say,
has the Interior Department been following OSHA and EPA workplace
safety regulations? Where do piles of rodent droppings fit in with
OSHA's requirements?
Sadly,
the Indian tribes are the "poster children" for the welfare state.
Despite promises that the government can "manage" our lives, and
"take care" of us, better than we can ourselves, the reality of
welfare-statism is a giant, uncaring mess.
As
Russell Means, an Indian activist and former Libertarian party candidate
you may have seen him in Last
of the Mohicans; if not, have a look at his autobiography,
Where
White Men Fear to Tread stated on a John Stossel
investigative report, the government still uses Soviet-style five-year
plans to run the Indians' lives. Unsurprisingly, Indian reservations
resemble the old Soviet union in their poverty and desolation.
Which
brings us to an additional lesson of the Indian affair: the limits
of the law. Now that Judge Lamberth has ordered the Interior Department
to perform an accounting, and his order has been ignored, what is
left for the judge to do? Send the federal marshals to the Bureau
of Indian Affairs to force the accounting? The law, it seems, may
have reached the limits of its power.
As
for where the saga will go from here, that may be anybody's guess.
But one thing seems certain: the government is giving the Indians
a raw deal.
July
16, 2001
Mr.
Dieteman [send him mail]
is an attorney in Erie, Pennsylvania, and a PhD candidate in philosophy
at The Catholic University of America.
©
2001 David Dieteman
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