"Plenty Horses" Case in 1890 may raise interesting questions on Bush "Enemy Combatants"

A friend mentioned that a writer friend of his was writing a book that might mention a "Plenty Horses" legal case from the Wounded Knee Massacre of 1890 or so.  I got to thinking this might have some relation to Bush and legal co-conspirators are doing to what they have conveniently labeled into some limbo category of "enemy combatant" that means they are not "war prisoners" and most likely guaranteed no rights whatsoever.  I am not sure there is any connection, but any lawyers or historians who happen to read this are welcome to comment.

 

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Fourth, the Lakota were prisoners of war. We have to ask ourselves another question: Did a state of war exist between the United States and the Lakoka Nation at the time of the massacre in 1890? Military records are not conclusive, but from the period of 1866 to 1891 there were at least 1,040 combat engagements with Indians in the West. A total of 949 soldiers are listed as being killed in these engagements as compared to 4,371 Indians reported to have been killed. Over 10,000 Indians were captured during this time as well. (12) By all intents, a state of war certainly existed. Some have argued that since the U.S. was at war with the Indians that any act of violence, including the killing of women and children, is simply the unfortunate consequence of war. Today we call it collateral damage. Others claim that is was nothing short of murder of prisoners of war. In 1891 a federal court made a ruling that indicated that this may have been true.

 

An Oglala Lakota Indian named Plenty Horses returned from five years at Carlisle Indian School in Pennsylvania to his home community at Pine Ridge Indian Reservation in South Dakota in 1890, just in time to witness the killing at Wounded Knee. Plenty Horses was plenty confused. Being away for so long alienated him from his former friends and relatives. The scenes of carnage at Wounded Knee only made things worse. On January 7, 1891, days after the bodies were finally buried in a mass grave, Plenty Horses raised his weapon and shot and killed Army Lieutenant Edward W. Casey, the commanding officer of the Second. Plenty Horse was arrested and sent to trail. His defense? He explained to his captors: "Five years I attended Carlisle and was educated in the ways of the white man. When I returned to my people, I was an outcast among them. I was no longer an Indian. I was not a white man. I was lonely. I shot the lieutenant so I might make a place for myself among my people. I am now one of them. I shall be hung, and the Indians will bury me as a warrior." (13)

 

While some might see this as twisted Lakota logic, what happened next proved that American logic was even more twisted when it came to Wounded Knee. The judge hearing the case against Plenty Horse, threw out the charges, arguing that since a state of war existed on the Pine Ridge reservation at the time of the killing, it was not murder. Plenty Horse was not convicted of murder because his lawyers argued that if a state of war did not exist then all the victims at Wounded Knee had been murdered and the murderers (the soldiers) would have to be put on trial. The Army sent an officer to the court to testify that indeed a state of war did exist. Apparently, the Army was defending the actions of the 7th cavalry in killing the Lakota men, women and children of Big Foot's band by using the same argument - that a state of war existed between the United States and the Lakota Nation. This was one of the reasons why none of the soldiers who indiscriminately murdered the mostly unarmed Indians were ever charged with murder. Instead, they were awarded Medals of Honor for their slaughter. Ironically, Plenty Horse was set free, denied his moment of glory. He was sent home to Rosebud without his wife, who had been killed in the melee that erupted after he shot Casey.

 

The Plenty Horse case raises another question: Did the Army attempt to coverup the massacre of prisoners of war at Wounded Knee? If a state of war did exist, the surrender of Big Foot made his followers prisoners of war as they camped along Wounded Knee Creek. While the military considered the Lakota to be "hostiles" because they had left their home reservation without permission, once they surrendered what was their status, if not P.O.W.'s? If we assume that a state of war existed as defined by the military, does it not make sense that the Indians who surrendered to the military during that time be considered P.O.W.s? The period from 1861 to 1898 is called the Indian Wars by the military. During this time 428 Medals of Honor were awarded in the war against the Indians. This is the most medals for any "action" listed by the Army, Navy, Marine Corps, Air Force or Coast Guard. Not only was this a war, it was an especially heroic war, given the number of medals.

 

Take a look at the "Link"  for "Dickshovel.Com" to read the rest of the story that both precedes and follows the quoted section above.

 

** Stay tuned even if this also happens to be another test of Qumana (which seems unable to handle "categories")--Doug Wiken

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Comments

[T. R. Longbow]

For two hundred and thirty one years now Americans have been perpetuating the illusion that the indigenous people of North America have been given cultural freedom and justice. This myth, along with the plain fact that Americans are univited quests in a land which has been taken by force from its rightful inhabitants,truly reflects Napoleon's view of history.... history is a series of lies that we have all come to agree upon.

If, in this present day and age of information and the diverse exchange of ideas, history were to be rewritten again in the real light of the past, the Americans would fall on the same plateau as Hitler or Pol Pot.But there are two many Americans who blindly believe in the illusions of their past historical image and totally ignore the reality of what they knowingly did to the Native Peoples by stealing their homeland, their way of life and the dignity they deserve as human beings.

This has now become the mindset of the American People and it is a warning to the rest of the world. Democracy, freedom and justice are merely the vails that cloak the intent of the American People. At one time this land was unparalleled in its beauty, a vast land of natural resourses to be used wisely, where the true human being could live a life of peace. But then the white man came and he saw a land that needed filling up, a land that could be raped to satisfy his own personal greed. These were people who were never in a state of being, but always in a state of becoming. It is for this reason the Americans would always suffer from an affliction called a poverty of the soul. This desease is present in everyday life in America now and it is getting worse.And in doing so, these people have brought us to our present state where the human being, the Oyate walking the earth, have far less value than the accumulation of wealth, the aquisition of material things and the prservation of human dignity.

Be warned, the trial of Plenty Horses and the murders at Wounded Knee are definitive examples of what the American People will do to any culture who interfers with the perpetuation of the American Illusion. The greatest assault on all humanity comes not from bombs and bullets, but with the illusionary ideas of a nation of people bent on destroying any culture who opposes their way of thinking.

If America is all that it says it is, why, after two and thirty one years are the indigenous people of North America still living on the poorest land, still unheard by the world community, still robbed of their dignity and still regarded as a conquered people. It is beacuse America has been able to maintain the illusion of freedom for some while it has systematically taken away the reality of freedom for others.It is because Americans have turned hypocrisy into an artform.And no matter what words will be spoken or written, they will all be hollow. As once reflected by a Native Elder when asked what he thought of the American People, he stated, " these sad people are like a dying stream, they grow more nad more shallow every day." I agree!

[David]

I agree with much of what Mr. or Mrs. Longbow has to say. However, rest assured that there are some non-indigenous Americans who feel outrage at and contempt for those who try to perpetuate the aptly named American Illusion, no matter when such delusion occurs. It frustrates me greatly when deeds are committed in my name that are evil, yet I have no direct power to stop them. My greatest hope at this point is that a new set of people with more power will make positive change in this country (and around the world). Ojalá qué será.

In the meantime, I'll try to remain a living, growing stream that deepens every day.