[Congressional Record Volume 150, Number 62 (Thursday, May 6, 2004)]
[Senate]
[Pages S5002-S5003]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BROWNBACK (for himself, Mr. Campbell, and Mr. Inouye):
  S.J. Res. 37. A bill to acknowledge a long history of official 
depredations and ill-conceived policies by the United States Government 
regarding Indian Tribes and offer an apology to all Native Peoples on 
behalf of the United States; to the Committee on Indian Affairs.
  MR. BROWNBACK. Mr. President, I rise today to introduce before this 
body a joint resolution that seeks to address an issue that has long 
lain unresolved. That issue is our Nation's relationship with the 
Native peoples of this land.
  Long before 1776 and the establishment of the United States of 
America, this land was inhabited by numerous nations. Like our Nation, 
many of these peoples held a strong belief in the Creator and 
maintained a powerful spiritual connection to this land. Since the 
formation of the American Republic, there have most certainly been 
numerous conflicts between our Government and many of these Tribes--
conflicts in which warriors on all sides fought courageously and in 
which all sides suffered. However, even from the earliest days of the 
Republic, there existed a sentiment that honorable dealings and 
peaceful coexistence were preferable to bloodshed. Indeed, our 
predecessors in Congress in 1787 stated in the Northwest Ordinance, 
``The utmost good faith shall always be observed toward the Indians.''
  Many treaties were made between this Republic and the American Indian 
Tribes. Treaties, as my colleagues in this Chamber know, are far more 
than words in a page. Treaties are our word, our bond. Treaties with 
other governments are not to be treated lightly. Unfortunately, too 
often the United States of America did not uphold its responsibilities 
as stated in its covenants with the Native American Tribes. Too often, 
our Government broke its oaths to the Native peoples.
  I want my fellow Senators to know that this resolution does not 
dismiss the valiance of our American soldiers who bravely fought for 
their families in wars between the United States and different Indian 
Tribes. Nor does this resolution cast all the blame for the various 
battles on one side or another. What this resolution does do is 
recognize and honor the importance of Native Americans to this land and 
to our Nation--in the past and today--and offers an official apology to 
the Native peoples for the poor and painful choices our Government 
sometimes made to disregard its solemn word.
  This is a resolution of apology and a resolution of reconciliation. 
It is a first step toward healing the wounds that have divided us for 
so long--a potential foundation for a new era of positive relations 
between Tribal governments and the Federal Government. It is time--it 
is past time--for us to heal our land of division, all divisions, and 
bring us together as one people.
  Before reconciliation, there must be recognition and repentance. 
Before there is a durable relationship, there must be understanding. 
This resolution will not authorize or serve as a settlement of any 
claim against the United States, nor will it resolve the many

[[Page S5003]]

challenges still facing the Native peoples. But it does recognize the 
negative impact of numerous deleterious Federal acts and policies on 
Native Americans and their cultures.
  Moreover, it begins the effort of reconciliation by recognizing the 
past wrongs and repenting for them.
  Martin Luther King, a true reconciler, once said, ``The end is 
reconciliation, the end is redemption, the end is the creation of the 
beloved community.'' This resolution is not the end. But, perhaps it 
signals the beginning of the end of division and the faint first light 
and first fruits of the creation of beloved community.
  I have worked with the chairman and ranking member of the Indian 
Affairs Committee, Senator Campbell and Senator Inouye, in the crafting 
of this resolution, I also reached out to the Native Tribes as this 
bill was being formed, and I continue to receive helpful and supportive 
feedback. I ask that my colleagues in this Chamber, and those in the 
House of Representatives, join together in support of this important 
resolution.
  I ask unanimous consent that the text of the joint resolution be 
printed in the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                              S.J. Res. 37

       To acknowledge a long history of official depredations and 
     ill-conceived policies by the United States Government 
     regarding Indian Tribes and offer an apology to all Native 
     Peoples on behalf of the United States.
       Whereas the ancestors of today's Native Peoples inhabited 
     the land of the present-day United States since time 
     immemorial and for thousands of years before the arrival of 
     peoples of European descent;
       Whereas the Native Peoples have for millennia honored, 
     protected, and stewarded this land we cherish;
       Whereas the Native Peoples are spiritual peoples with a 
     deep and abiding belief in the Creator, and for millennia 
     their peoples have maintained a powerful spiritual connection 
     to this land, as is evidenced by their customs and legends;
       Whereas the arrival of Europeans in North America opened a 
     new chapter in the histories of the Native Peoples;
       Whereas, while establishment of permanent European 
     settlements in North America did stir conflict with nearby 
     Indian Tribes, peaceful and mutually beneficial interactions 
     also took place;
       Whereas the foundational English settlements in Jamestown, 
     Virginia, and Plymouth, Massachusetts, owed their survival in 
     large measure to the compassion and aid of the Native Peoples 
     in their vicinities;
       Whereas in the infancy of the United States, the founders 
     of the Republic expressed their desire for a just 
     relationship with the Indian Tribes, as evidenced by the 
     Northwest Ordinance enacted by Congress in 1787, which begins 
     with the phrase, ``The utmost good faith shall always be 
     observed toward the Indians'';
       Whereas Indian Tribes provided great assistance to the 
     fledgling Republic as it strengthened and grew, including 
     invaluable help to Meriwether Lewis and William Clark on 
     their epic journey from St. Louis, Missouri, to the Pacific 
     Coast;
       Whereas Native Peoples and non-Native settlers engaged in 
     numerous armed conflicts;
       Whereas the United States Government violated many of the 
     treaties ratified by Congress and other diplomatic agreements 
     with Indian Tribes;
       Whereas this Nation should address the broken treaties and 
     many of the more ill-conceived Federal policies that 
     followed, such as extermination, termination, forced removal 
     and relocation, the outlawing of traditional religions, and 
     the destruction of sacred places;
       Whereas the United States forced Indian Tribes and their 
     citizens to move away from their traditional homelands and 
     onto federally established and controlled reservations, in 
     accordance with such Acts as the Indian Removal Act of 1830;
       Whereas many Native Peoples suffered and perished--
       (1) during the execution of the official United States 
     Government policy of forced removal, including the infamous 
     Trail of Tears and Long Walk;
       (2) during bloody armed confrontations and massacres, such 
     as the Sand Creek Massacre in 1864 and the Wounded Knee 
     Massacre in 1890; and
       (3) on numerous Indian reservations;
       Whereas the United States Government condemned the 
     traditions, beliefs, and customs of the Native Peoples and 
     endeavored to assimilate them by such policies as the 
     redistribution of land under the General Allotment Act of 
     1887 and the forcible removal of Native children from their 
     families to faraway boarding schools where their Native 
     practices and languages were degraded and forbidden;
       Whereas officials of the United States Government and 
     private United States citizens harmed Native Peoples by the 
     unlawful acquisition of recognized Tribal land, the theft of 
     resources from such territories, and the mismanagement of 
     Tribal trust funds;
       Whereas the policies of the United States Government toward 
     Indian Tribes and the breaking of covenants with Indian 
     Tribes have contributed to the severe social ills and 
     economic troubles in many Native communities today;
       Whereas, despite continuing maltreatment of Native Peoples 
     by the United States, the Native Peoples have remained 
     committed to the protection of this great land, as evidenced 
     by the fact that, on a per capita basis, more Native people 
     have served in the United States Armed Forces and placed 
     themselves in harm's way in defense of the United States in 
     every major military conflict than any other ethnic group;
       Whereas Indian Tribes have actively influenced the public 
     life of the United States by continued cooperation with 
     Congress and the Department of the Interior, through the 
     involvement of Native individuals in official United States 
     Government positions, and by leadership of their own 
     sovereign Indian Tribes;
       Whereas Indian Tribes are resilient and determined to 
     preserve, develop, and transmit to future generations their 
     unique cultural identities;
       Whereas the National Museum of the American Indian was 
     established within the Smithsonian Institution as a living 
     memorial to the Native Peoples and their traditions; and
       Whereas Native Peoples are endowed by their Creator with 
     certain unalienable rights, and that among those are life, 
     liberty, and the pursuit of happiness: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. ACKNOWLEDGMENT AND APOLOGY.

     The United States, acting through Congress--
       (1) recognizes the special legal and political relationship 
     the Indian Tribes have with the United States and the solemn 
     covenant with the land we share;
       (2) commends and honors the Native Peoples for the 
     thousands of years that they have stewarded and protected 
     this land;
       (3) acknowledges years of official depredations, ill-
     conceived policies, and the breaking of covenants by the 
     United States Government regarding Indian Tribes;
       (4) apologizes on behalf of the people of the United States 
     to all Native Peoples for the many instances of violence, 
     maltreatment, and neglect inflicted on Native Peoples by 
     citizens of the United States;
       (5) expresses its regret for the ramifications of former 
     offenses and its commitment to build on the positive 
     relationships of the past and present to move toward a 
     brighter future where all the people of this land live 
     reconciled as brothers and sisters, and harmoniously steward 
     and protect this land together;
       (6) urges the President to acknowledge the offenses of the 
     United States against Indian Tribes in the history of the 
     United States in order to bring healing to this land by 
     providing a proper foundation for reconciliation between the 
     United States and Indian Tribes; and
       (7) commends the State governments that have begun 
     reconciliation efforts with recognized Indian Tribes located 
     in their boundaries and encourages all State governments 
     similarly to work toward reconciling relationships with 
     Indian Tribes within their boundaries.

     SEC. 2. DISCLAIMER.

       Nothing in this Joint Resolution authorizes any claim 
     against the United States or serves as a settlement of any 
     claim against the United States.

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