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Legacy of Federal Control

 Second in a series of essays about federal regulation over Native nations. Author Monte Mills, University of Montana School of Law. This one is a harder read, covering all sorts of issues around land: ownership, leasing, mining, right-of-ways, water. The official structure of federal history makes it look like tribal consultation is required, but that doesn't always happen and it doesn't mean that consent has been required. And even worse, the required payments to tribes has not been enforced (perhaps another article will cover the hard-fought for and eventually landmark Cobell Settlement) https://www.theregreview.org/2021/03/16/mills-legacy-federal-control-indian-country/

Complicated Environmental Regulation in Indian Country

 I’m posting a daily series of essays in part so I can find them again. Credit upfront, these are from ‘The Regulatory Review,’ a publication of the Penn Program on the Environment.  This first author is Elizabeth Kronk Warner, Dean of the University of Utah College of Law. As an essay, it is relatively brief but it has dozens of hyperlinks to follow for more specifics. Overall, the author quickly shows examples of how tribes are generally deemed powerless, overlooked, and stepped on. Notice how many times court cases are cited; native nations constantly have to go to court to try to uphold their rights.  https://www.theregreview.org/2021/03/15/kronk-warner-environmental-regulation-indian-country/

Trail of Tears, arrival, November 4, 1838

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They arrived at Pottawattomie Creek in Osawatomie, Kansas, on November 4, 1838. Per the treaty, houses were supposed to be built and ready but when they arrived, there were no houses. Potawatomi Trail of Death - Diary of William Polke, 4 Nov. 1838: “The day was consumed in making settlements with the officers. During the afternoon a considerable number of the Indians assembled at headquarters and expressed a desire to be heard in a speech.” “Pe-pish-kay rose and in substance said – ‘That they had now arrived at their journey’s end—that the government must now be satisfied. They had been taken from homes affording them plenty, and brought to a desert—a wilderness—and were now to be scattered and left as the husbandman scatters his seed." The Agent, Mr. Davis, they knew not, and his absence would not afford them an opportunity of deciding what they might expect from him. The Indians did not think such treatment of a character with that promised them in their treaties. They hoped Jud

Trail of Tears, November 3, 1838

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Potawatomi Trail of Death - Diary of William Polke, 3 Nov.1838: “At an early hour we left our encampment at Oak Grove, and travelled until two o’clock when we reached a settlement of Wea Indians on Bull creek, and camped adjoining Bulltown.” “Our journey was pleasant, and was marked by the anxiety of the Indians to push forward and see their friends. During the evening an attempt was made to enroll the Indians, but not very successfully. They did not seem (or would not) to understand or appreciate the object.” “Late in the evening several of the chiefs came to headquarters and requested to remain in camp tomorrow. But the journey being so nearly completed, and the scarcity of forage and provisions induced the conductor to deny their request, and insist upon travelling.”

Trail of Tears, November 2, 1838

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Potawatomi Trail of Death - Diary of William Polke, 2 Nov. 1838: "Left Independence  a little after 9 oclk—one hour or so having been allowed the Indians for their religious exercises. This morning broke upon us rainy and disagreeable. Anxious to complete the journey now so near at an end." "The rain increasing as we advanced. We crossed the (Kansas) boundary line, and found ourselves in the heart of a prairie, with scarcely any traces to mark our route. The journey was continued and at 12 rock  a large portion of the emigrants on horseback became detached from the wagons, and wandered over the prairie four hours in search of the trace of the wagons. It was found at length, and we reached the camp ground set-out for at 3 o'clk." "We are now but twelve miles from the encampment of yesterday. Our encampment is known as the North Fork of Blue River. Subsistence beef and corn."   Drawing by Candi Wesaw.  

Trail of Tears, November 1, 1838

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Potawatomi Trail of Death - Entries from the diary of Jesse C. Douglas, Enrolling Agent under General Tipton, 1 Nov. 1838: "Traveled 16 mi. to Blue River - south of Independence. Indians were allowed 1 hour for religious exercise." "Eight Potawatomi Women" by George Winter

Trail of Tears, October 31, 1838

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 Potawatomi Trail of Death - Diary of William Polke, Oct. 31, 1838: "Left Encampment this morning at half after 7 o'clock—the company under Capt. Hull being attached to the emigration—and at 12 o'clock passed through Independence. At 1 o'clock we reached our present encampment two miles south of Independence, and ten miles from the camp of yesterday. After reaching camp in the evening a small quantity of shoes were distributed among the emigrants." Drawing of Quehme, artist unknown. (I love this drawing).

Trail of Tears, October 30, 1838

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Potawatomi Trail of Death - Entries from the diary of Jesse C. Douglas, Enrolling Agent under General Tipton, 30 Oct. 1838: Traveled 14 mi. to Blue Ridge. Warm day, pleasant journey."  Drawing  "Mjoquis wife". The drawing is on the CPN website but it doesn't explain who Mjoquis is. Artist unknown.

Trail of Tears October 29, 1838

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  29 Oct. 1838  Diary of William Polke “At eight o’clock we resumed our journey—the morning being delightful and fine for travelling. At 12 we reached Prairie Creek, 10 miles from Schuy Creek. Subsistence flour, corn-meal, beef and pork and game of every kind. Forage, corn, hay and fodder.” “About five o’clock Capt. Hull arrived in camp with the Indians left at Logansport and Tippecanoe, numbering in all some 23. They are tolerably good health and spirits and will perhaps accomplish the remainder of the journey in the company of our party.”

Trail of Tears, October 28, 1838

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 Potawatomi Trail of Death - Dairy of William Polke, 28 Oct, 1838: "Remained in camp another day. We have performed a good week's travel, ferrying two rivers in the time. Health of the camp as good as it has been."  "This morning the Indians with Ash-kum at their head, came to Head Quarters and informed the conductor of some difficulties which they were fearful might occur in the exercise of the unrestricted power claimed by I-o-weh, whom they did not choose to acknowledge as a chief of the blood. They also requested information in regard to their annuities, etc. I hoped that they would cease to speak of a subject which could not be of benefit to them, but on the other hand might affect the progress of the emigration. When the journey was completed they were at liberty to speak and decide among themselves. I had yet some tobacco, which I should offer them in hopes that they would still continue in peace and harmony. I also informed them what I knew of their annuities

Trail of Tears, October 26-28, 1838

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Potawatomi Trail of Death, 27 Oct. 1838: They stayed encamped at Little Shuy Creek. There was a notation about the Mormon conflict in William Polke's journal but nothing more. Potawatomi Trail of Death - Diary of William Polke, 26 – 28 Oct. 1838: “At sunrise the ferry boats were busily plying from shore to shore at Missouri River at Lexington (MO). As fast as the emigrants reached the southern bank they were hurried on their journey. At two o’clock the party were all over the river, and hastened to join the front of the emigration. At four o’clock the front of the party reached our encampment at Little Schuy Creek, eight miles from last night’s camp.” “Much excitement over bloodshed, house burning, etc.” (He is referring to Missouri governor’s executive “Extermination Order” in the Missouri Mormon War leading up to Haun’s Mill massacre of Mormons).  Drawing by Candi Wesaw.

Trail of Tears October 24 & 25, 1838

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 Potawatomi Trail of Death - Entries from the diary of Jesse C. Douglas, Enrolling Agent under General Tipton, 25 Oct. 1838: "Camped near Snowden's farm. Town of Richmond's request for assistance against possible attack by Mormons was turned down."  Painting of Me-te-A by Samuel Seymour.  Chief Metea or Me-te-a was one of the principal chiefs of the Potawatomi and frequently acted as spokesman at treaty councils. His village, Muskwawasepotan, was located on the St. Joseph River near the present-day town of Cedarville, Indiana. Potawatomi Trail of Death - Diary of William Polke, 24 Oct. 1838: “This morning before leaving camp a quantity of shoes were distributed among the indigent and barefooted Indians, the weather being too severe for marching without a covering to the feet.” “At eight o’clock we left Thomas’ encampment, and at 12 reached Carrollton, near which place we are now encamped. Distance 12 miles. Nothing occurred on the way. The cold was intense on the prai

Trail of Tears, October 22 & 23, 1838

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Potawatomi Trail of Death - Diary of William Polke, 23 Oct. 1838 “The morning was early employed in ferrying the remainder of the wagons across the Grand River. By 12 o'clk. all were across, and we prepared for the continuation of our journey. The bottom lands of the Missouri being too flat and wet to encamp upon an hour longer than was essentially necessary” “At 1 o'clk. we left Grand River Encampment, and passing over prairies (the cold being severe) arrived at Thomas' Encampment at a little after 4, a distance of ten miles. Subsistence beef, flour and corn. Forage corn and corn fodder."  Painting of Mas-Saw (Potawatomi and great-grandmother of Jim Thorpe) from George Winter. Potawatomi Trail of Death - Diary of William Polke, 22 Oct. 1838: “At an early hour this morning we left our encampment, and passing through Keatsville (Keytesville), journeyed towards the Missouri River. At two o’clock p.m. we reached Grand River, preparations for the ferriage of which had befo

Trail of Tears, October 21, 1838

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Potawatomi Trail of Death - Entries from the diary of Jesse C. Douglas, Enrolling Agent under General Tipton, 21 Oct. 1838: "Stayed in camp. Apples and cider given to Indians."  Painting of Ma-Ga-Zee from James O. Lewis.  

Trail of Tears, October 20, 1838

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 Potawatomi Trail of Death - Diary of William Polk, 20 Oct.1838:  "Left Chariton encampment at 8 o'clock this morning. The road was quite muddy, and the air very cold. At 12 we reached our present encampment on Grand Chariton, two miles from Keatsville (MO). To-morrow being the Sabbath we shall remain in camp. "The health of the Indians is almost completely restored. There are perhaps scarcely a dozen cases in camp. Subsistence beef and flour—of which the Indians are becoming tired. Bacon and pork cannot be procured. Forage hay and corn. Distance travelled to-day eleven miles."  Potawatomi Chief Kaw-kaw-kay, by George Winter

Trail of Tears, October 19, 1838

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 Potawatomi Trail of Death - Entries from the diary of Jesse C. Douglas, Enrolling Agent under General Tipton, 19 Oct. 1838: "Traveled 18 mi. to Middle Chariton Mo. Our march was unusually long—water being scarce throughout the country. Travelling was difficult. The road being exceedingly slippery, and the snow falling so fast as to render very cold and unpleasant the whole journey. "The Indians travelled without complaint, and seemed greatly to approve of the exertions of government to place them at their new homes. Indians anxious to reach their destination."  This art work shows the Potawatomi conception of heaven. Date unknown.

Trail of Tears, Octobe 18, 1838

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  Potawatomi Trail of Death - Diary of William Polke, 18 Oct. 1838: "Stayed longer encamped as promised. The day was quite cold—last night having frozen water in camp. Health still improving. Subsistence flour and beef. Forage corn and hay. The snow at night changed to rain, which almost inundated the encampment. More straw was procured, which generally distributed throughout the camp rendered the Indians tolerably comfortable for the night." Picture of Potawatomi Chief Topinabe, original artist unknown

Trail of Tears, October 17-18, 1838

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Potawatomi Trail of Death - Entries from the diary of Jesse C. Douglas, Enrolling Agent under General Tipton, 17 - 18th Oct, 1838: Traveled 13 mi. to Huntsville, MO. Snow and rain. Will remain in camp for 2 days. Indians were handed straw for beds.  Painting of Potawatomi Chief Kee-O-Tuck-Kee by James O. Lewis.

Trail of Tears, October 16, 1838

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 Potawatomi Trail of Death - Entries from the diary of Jesse C. Douglas, Enrolling Agent under General Tipton, 16 Oct. 1838: "Traveled 18 mi. to Burkhart's Encampment. Water scarce. Health still improving."  Painting of Pottawatomie Chief Sun-A-Get by James O. Lewis