Courtesy National Park Service
Ellen and Arthur Brady are shown at their home on the Northern Cheyenne reservation in Montana. They were in the Cheyenne camp along Sand Creek in southeastern Colorado at the time of the massacre in 1864 of Cheyenne and Arapaho people.

Government Seeks to End Claims From 1864’s Sand Creek Massacre

Carol Berry
10/10/13

 

Sand Creek Massacre descendants will not receive further reparations or an investigation of charges of trust funds mismanagement if the federal government has its way.

Terming the massacre on November 29, 1864 “a tragedy and a disgrace,” the Department of Justice nevertheless said “nothing, not even something as egregious as the Sand Creek Massacre, is a warrant for eternal litigation.”

The massacre occurred when United States Army cavalry troops killed and mutilated more than 150 Cheyenne and Arapaho people, mostly the elderly, women and children, who had been assured safety under U.S. and white flags at a camp on Sand Creek in southeastern Colorado.

Fundamentally, the government contends in attempting to dismiss massacre descendants’ claims, it did not waive sovereign immunity against the complainants’ “essential grievance—that the United States did not honor treaty obligations.”

The motion to dismiss was filed by the government in the year before a major 150 Sand Creek Massacre commemoration,

Homer Flute, described as a Principal for the Sand Creek Massacre Descendants Fund, Robert Simpson Jr., Thompson Flute Jr., and Dorothy Wood, were those whose claims to reparations and an investigation of fiscal mismanagement were under fire and the subject of the government’s motion to dismiss.

The government’s 50-page petition in Colorado federal district court cited the Treaty of Little Arkansas of 1865 as having been annulled by the 1867 Treaty of Medicine Lodge Creek. It noted earlier reparations-related actions in 1861, 1929, 1944, 1951, 1958, 196l, 1968 and Cobell in 1996.

The four massacre descendants cited more than 100 unsuccessful attempts by government fiscal agencies to account for the resources cited in the Treaty of Little Arkansas.

The current government argument said Cobell v.Salazar et al. didn’t apply because any trust –related funds were waived and released under that claim, and no treaty or other federal statute “remotely suggests that Congress intended to create a trust or assume the responsibility of trustee” to victims or descendants.

The descendants “cannot identify one reparations dollar that has ever been ‘held in trust,’” the government argued and also said that the two-year statute of limitations on federal damage claims had long since run out.

Among earlier reparations by the federal government were some land tracts, clothing, contested per capita payments and, later, 30-year allocations of $20,000 to the government for necessary tribal supplies. A larger settlement was made in 1965, but it was diminished by the amount of prior government expenditures.

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Anonymous's picture
Anonymous
Submitted by Anonymous on
this is a case of the greedy taking from the needy it is a shame but that is how all governments work world wide

J. Bollinger's picture
J. Bollinger
Submitted by J. Bollinger on
I see the Government is up to its old tricks again with the Indians. They need to get a lawyer from whomever helped African-americans get all their 'Rights' given to them. Our Government always PROMISED the Indians then took their lands away sent them to another place to live massacrued women, children and old people then called it legal. Now they won't pay them what they owe them as they PROMISED. I think the Government should keep their promises for a change, it's been a long time coming and the Indians deserve better then what they have received from the Government of the this country.

James Parsons's picture
James Parsons
Submitted by James Parsons on
Just like the U.S. government lied to the American I NDIAN about things ./hey we are so used to thiers over the last five hunreds years what is one more .For the great farther and his government spoke with fort tongue to used.

James Parsons's picture
James Parsons
Submitted by James Parsons on
Just like the U.S. government lied to the American I NDIAN about things ./hey we are so used to thiers over the last five hunreds years what is one more .For the great farther and his government spoke with fort tongue to used.

James Parsons's picture
James Parsons
Submitted by James Parsons on
Just like the U.S. government lied to the American I NDIAN about things ./hey we are so used to thiers over the last five hunreds years what is one more .For the great farther and his government spoke with fort tongue to used.

touk's picture
touk
Submitted by touk on
It seems as if the Indians just KEEP getting shafted by our Government! BTW... I'm not an Indian and I see the injustices done to them!

karen meyers's picture
karen meyers
Submitted by karen meyers on
How can we believe anything the government says. History shows the lies they tell, the length's they will go to to get what they want.The treaties should always be honored.After all it's already been bought with blood!

Colleen Murphy's picture
Colleen Murphy
Submitted by Colleen Murphy on
The government should pay the decendents of the Indian tribe. Killing all those Indians was wrong. Indians have gotten a rotten deal thought the years. I have many friends that are Indians. I am proud to have them as friends. Some on my ancestry has Indian blood in it. Governments have to do the right thing. Pay up and do the right thing.

Big Chief's picture
Big Chief
Submitted by Big Chief on
First and Foremost, the wrong people filed this suit, these people don't even live amongst the Arapaho and Cheyenne people. The traditional people, Headsman, Chiefs, Ceremonial People were never consulted on this matter.

Sonny Skyhawk , Sicangu Lakota's picture
Sonny Skyhawk ,...
Submitted by Sonny Skyhawk ,... on
It is a National Governmental disgrace, that 149 years have passed, and the U.S. Government is still trying to bushwhack Native people and the descendants of SAND CREEK. This country has no shame, justice is not possible. As you read the caption on top of the Supreme Court building, "Equal Justice under the Law" unfortunately. it does not apply to us.

Anonymous's picture
Anonymous
Submitted by Anonymous on
Native American People are our National Treasure. We should honor them and to deny them the reparations for annihilation of their clans at the Sand Creek Massacre by the the Methodist preacher Chivington who was in cahoots with the Governor of Colorado Evans is not acceptable.

mildred redcherries's picture
mildred redcherries
Submitted by mildred redcherries on
I am totally pissed off at these Apaches trying to ruin our CLAIM. Our ancestors were the ones that were killed and mutilated. The U.S. has fudiciary responsibility to our tribes to honor the Treaty of 1865. This is a Nation to Nation agreement that is still valid. This group that does not represent either tribes., Northern and Southern Cheyennes or the Northern and Southern Arapahoes is jeapordising our Treaty need to be taken to court and sued. If they had any ancestors at Sand Creek, then why are they using our grandparents? They have no authorization to use their photograph. I suggest that you people get the stories straight, and please take our grandparents photo off. This group has no ties to the tribes , no resolutions or any legal documents with which to take to Congress.

Joyce Three Fingers's picture
Joyce Three Fingers
Submitted by Joyce Three Fingers on
I am a direct descent of the Massacre, why is not being investigated and do right by this atrocity
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