Republik Of Lakotah

158 Year Struggle for Legal Justice

"First they ignore you, then they laugh at you, then they fight you, then you win."
-Mohandas Gandhi

"We are working towards complete freedom in a lawful, non-violent, non-aggressive way."
- Russell Means

The Lakotah's 158 Year Long Struggle for Justice

In December of 2007, the Republic of Lakotah was formed by the formal withdrawal from its Treaties of 1851 and 1868. This was the latest step in the longest running legal battle in the history of the World.

This was not a "cessation" from the United States, but a completely lawful "unilateral withdrawal" from the Treaties as permitted under the 1969 Vienna Convention on the Law of Treaties, of which, the United States is a signatory.

The purpose of the Republic of Lakotah is to follow the Instructions given by the Elders at the first International Indian Treaty Council in 1974. The Council held a "Western Hemisphere" Conference at Wakpala on the Standing Rock Sioux Indian Reservation. Over 5000 delegates of 97 Indigenous Peoples from the Americas gathered. The "manifesto" that was created on that occasion supports the rights of all Indigenous Peoples to live free and take whatever actions are necessary to uphold our sovereignty. This was the largest gathering of Indian People in the 20th Century where Indians paid their own way.



It was here that the Declaration of Continuing Independence was created. The conference was attended by numerous elders, including Chief Frank Fools Crow, pictured left. These were not your ordinary elders; most of them were born in the 1800's to parents who had been born free, they had never been to schools. The majority spoke no English, and the rest spoke broken English. Russell Means was made a permanent trustee of the International Indian Treaty Council by the elders and the conference.

These Elders Gave the Conference and the Newly Formed International Treaty Council Two Mandates:

1. The first mandate was to become recognized by the International Communities. On September 2007, when the United Nations passed the Declaration of Indigenous Rights, that mandate was fulfilled.

2. We were to remember the words of Noble Red Man (Matthew King, pictured below), "We must always remember that we were once a free People, if we don't, we shall cease to be Lakotah." This second mandate is to return to our original status as free and Independent Nations. On December 17, 2007, the Lakotah Freedom Delegation presented to the Department of State of the United States of America, we are unilaterally withdrawing from all Treaties and Agreements entered into between the United States of America and Lakotah.

Leading up to the 2007 Unilateral Treaty Withdrawal, Russell traveled all over the five state area meeting with key people over a seven month period. Now in his seventieth winter, he is working on achieving better conditions for the Indian people for over forty years. Russell was appointed by the conference and the elders as a permanent trustee of the Indian Treaty Council.

The 1868 Fort Laramie Treaty was considered by some commentators to have been a complete victory for Red Cloud and the Sioux. In 1904 it was described as "the only instance in the history of the United States where the government has gone to war and afterwards negotiated a peace conceding everything demanded by the enemy and exacting nothing in return."

As a result of the long running litigation between the Lakotah and the United States, the U.S. has made some telling statements:

"A more ripe and rank case of dishonorable dealings will never, in all probability, be found in our history,…" U.S. Court of Claims, 1975

" It is clear that, based on the representations of the United States negotiators, the Indians cannot have regarded the 1868 Treaty as a treaty of cession. Nowhere in the history leading up to the treaty negotiations themselves is there any indication that the United States was seeking a land cession or that the Sioux were unwilling to consent to one. On the contrary, the evidence is overwhelming that the Sioux would never have signed the treaty had they thought they were ceding any land to the United States." Sioux Tribe v. United States, 42 Indian Claims Commission, 1978

"Here, there is no doubt that the Black Hills were "taken" from the Sioux in a way that wholly deprived them of their property rights to that land. The question presented is whether Congress was acting under circumstances in which that "taking" implied an obligation to pay just compensation, or whether it was acting pursuant to its unique powers to manage and control tribal property as the guardian of Indian welfare, in which event the Just Compensation Clause would not apply." U.S. Supreme Court, UNITED STATES v. SIOUX NATION OF INDIANS, 1980

The court also remarked upon President Grant's duplicity in breaching the Government's treaty obligation to keep trespassers out of the Black Hills, and the pattern of duress practiced by the Government on the starving Sioux to get them to agree to the sale of the Black Hills.

"That there was tragedy, deception, barbarity, and virtually every other vice known to man in the 300-year history of the expansion of the original 13 Colonies into a Nation which now embraces more than three million square miles and 50 States cannot be denied. But in a court opinion, as a historical and not a legal matter, both settler and Indian are entitled to the benefit of the Biblical adjuration: 'Judge not, that ye be not judged.'" Hearing before the committee on Indian affairs, united states senate session on Tribal Sovereign Immunity 9-24, 1996