Nisqually Proclamation or “Statement of Facts” (1965)

NISQUALLY WARRIORS RAISING “FLAG OF DISTRESS” AT FRANK’S LANDING, JANUARY 1, 1965.

The “Proclamation” or “Statement of Facts” issued at this ceremony is quoted below. Warriors are, left to right, Nugeun Kautz, Donald (Dawn) McCloud, Melvin Iyall (a direct descendant of martyred Nisqually Chief Leschi), George McCloud, Herman Johns (his father used to fish the Nisqually River but was killed in the 2nd World War. This American Flag was draped over his casket when he returned home), Jack McCloud, Bill Frank Jr., and Dorian Sanchez.

PROCLAMATION or DECLARATION OF FACTS
Nisqually Nation, January 1, 1965

WHEREAS the Treaty of Medicine Creek (10 Stat. 1132) and all other treaties with the Indian people as one party and the United States as the other party was a grant of rights and land from the Indians, to the United States Government. The Supreme law of the land is the right to govern and tax all citizens of the United States by the United States Government except the Indian people. The self governing rights were reserved by the Indian People.

WHEREAS the Bureau of Indian Affairs was created to protect the rights and interests of the American Citizens, not the Indian People.

WHEREAS the citizens of the United States has consistently and persistently with force and coercion denied the existing reserved rights and powers of the Indian people.

WHEREAS the United States Government has never, past or present, honored or protected in any way or manner the rights of the Indian people.

Be it therefore resolved that we the undersigned Indians declare:

That as much as the citizens of the United States have denied the power and effects of said treaty they no longer have a legal right to reside, tax or hunt or fish upon said lands or waters, within the ceded areas of the treaties made with the Indian people.

Be it also known that as we are without power to enforce or expel said citizens from this land we never the less declare that said citizens have denied their own right to be here legally.

Be it also resolved that we will resist to the best of our abilities the continued attacks upon the Indian people.

We also declare that we are weary of being forced into pauperism upon our own land.

This flag is raised today as a distress signal to any or all nations, kindreds, or tongues, who believes that the Indian people also have God given rights, upon this land.

We say to these nations, kindreds, or tongues, that if the policies enacted by the United States Government concerning the Indian people were examined under close scrutiny the similarities between them and Hitler’s policies concerning the Jewish people would be self evident.

We declare that this declaration is just and true with only God as our witness.

(Signed and subscribed to by 150 people).

BACKGROUND INFORMATION

During January and February of 1965 the Nisqually Indians of central Washington State wrote a series of letters and staged a series of very significant demonstrations.

The 6 letters, which were a combination of complaints and petitions pertaining to basic Constitutional issues and flagrant violations of law committed by government officials, were sent to Washington State Superior Court Judge Cochran, Governor Dale Evans and to U.S. Attorney General Nicholas Katzenback, with copies to President Johnson, Mexico, Panama and interested parties.

The demonstrations were made to promote unity amongst Nisqually people, neighbors of the Puyallup fishermen whom Marlon Brando and Mad Bear helped publicize in 1964, and to dramatize the principles involved in their stand for fishing and other treaty rights and responsibilities as opposed to the new and treaty- violating (and therefore un-Constitutional) laws and policies of Washington State.

The most notable demonstration was the raising of a “Flag of Distress” with accompanying “Declaration of Facts” or Proclamation.

The above mentioned letters reject jurisdiction of a State court in matters pertaining to U.S. treaty issues, call upon U.S. Attorney General to defend Nisqually and U.S. treaty rights and also call upon Governor of Washington State to correct or punish his officials for “unlawful exercise of police power.” These and similar charges are substantiated by ample and convincing references to law but have received no adequate response from state or federal officials to date.

Nisqually Indians have no attorney and no funds with which to hire one. Nisqually Indians do not have a public relations expert to help them find an attorney who is willing to work for free to defend the U.S. Constitution and a small group of penniless patriots. Therefore Nisqually Indians cannot even file the papers which would “remand” the case against them from State to Federal court, where they feel this case belongs, let alone plead their case once it is even accepted by a Federal court.

Nisqually Indians therefore conducted a public “Flag Raising Ceremony” on the banks of their sacred river, and issued the above Proclamation.