The Utah Black Hawk War Legacy


Author: Phillip B Gottfredson "Black Hawk's Mission Of Peace"

The Legacy of the Black Hawk War in Utah begins with no reconciliation with Utah's Timpanogos Nation. Instead generations of indigenous people of Utah live in absolute fear of the Mormons should they speak of the past atrocities and even the present.

Many Native people in Utah suffer from "generational Trauma" because of their ancestor's experience due to Mormon colonization. And we seldom, if ever, hear of those whose ancestors committed severe atrocities against Native people - they too are looking for ways to deal with their generational guilt is also the reality for many people I have interviewed. So there is much healing needed on both sides of the river.

As the Black Hawk War legacy continues unresolved, those seeking truthful answers regarding the past find only rhetoric in the victors' accounts, filled with half-truths, omissions, and denials. A one-sided view is seen only through the eyes of the victors and never the victim. Even asking questions seems to cause many people to bristle. "That's all in the past," I was told, "we just need to forget about it." On several occasions, people said, "we have given the Indians every chance to succeed, yet they choose to live off the government and live in poverty." And this is what people believe because authentic Native American history is omitted from the school curriculum. When the facts are clear, they never had a choice and never wanted to live on reservations or in poverty and do not live off the government. We cannot accept the truth that we gave Native American people every opportunity to fail. We have tried to take everything from indigenous people, their land, their culture and religion, their water, timber, hunting rights, fishing rights, and freedom.

Euro-Americans have for centuries forced upon Native Americans their views, opinions, cultural and religious beliefs. The group called "The Other 49ers" put it nicely. I quote: "The Mormons brought with them a moral code, a new technology, and an economic system. Mormon's inability or refusal to accept Indian culture on its own terms is a conflict repeated countless times throughout the west. Coexistence, with each culture intact, was impossible; compromise seemed unattainable, for the cherished ideals of one culture were the unpardonable sins of the other. Mormons brought the ways of civilization with them, in their minds. Contrary to their desire for an enlightened sacred way of life, the world followed, and they gave into the kind of discrimination that they ran from."

It is deeply troubling to me that discrimination has become institutionalized, it has become a habit to trivialize, mock, and downplay the history of Native American people in Utah and across America.

A Timpanogos friend I love as a brother told me "We want our children to have a good life. We don’t want them to live in fear, hating each other. We want them to respect our ancient ways, and pass on our sacred teachings to their children. We want them to be proud of our ancestors, Wakara, Black Hawk, Arapeen, Tabby, and understand that they died for us. They lived for us. We are still here because of their love."

As I continue to learn from the Timpanogos what it means to be an Native American in Utah, often I heard them speak of the discrimination they face every day. Initially my response was to say that they have the same opportunities for a decent life as anyone living in America. Unfortunatly saying that drew some angry responses. And the more time I spent with them the more I realized how ignorant I was about their lives.

People of the Timpanogos Nation gave me a tour of their reservation. On the surface it appeared that it was much like other communities, there were schools, government offices, good neighborhoods and not so good ones. A business district with some businesses flourishing, some that were not. But as our tour continued and we began to look beneath the veneer it soon became apparent that underlying it all was a culture still struggling for survival. So entangled in a mess of what are called "Indian Laws", Congressional Acts that Native Americans were not given any say in the laws that govern them.

The 10th District Court ruled in 2015 that the Uinta Reservation is a Sovereign Nation that the State of Utah has no legal jurisdiction over what-so-ever. "They don't listen." Tribal members of the Timpanogos told me, "they continue to arrest our people. They take children, property, whatever they want." "Can't you sue them?, I asked. "Attorneys cost money, we can't afford lawyers who understand Indian law. They know that, so they get away with everything," they said.

The Doctrine of Discovery, I am told by scholars of 'Indian law', is at the heart of all laws that the Federal Government uses to have continued dominion over First Nations.

Peter d'Errico, Legal Studies Department, University of Massachusetts/Amherst said to me in an interview:

"Papal authority is the basis for United States power over indigenous peoples but this fact is not generally understood, even by lawyers who work with federal Indian law. This is due in large part to the sophistry of John Marshall, one of the greatest figures in the pantheon of the U. S. Supreme Court in 1801. Marshall borrowed from Papal Bulls the essential legalisms needed for state power over indigenous peoples. He encased Christian religious premises within the rhetoric of "European" expansion:

JOHNSON v. MCINTOSH, 21 US 543 (FEBRUARY, 1823) -- On the discovery of this immense continent, the great nations of Europe were eager to appropriate to themselves so much of it as they could respectively acquire. Its vast extent offered an ample field to the ambition and enterprise of all; and the character and religion of its inhabitants afforded an apology for considering them as a people over whom the superior genius of Europe might claim an ascendancy. The potentates of the old world found no difficulty in convincing themselves that they made ample compensation to the inhabitants of the new, by bestowing on them civilization and Christianity.

Steven T. Newcomb, Indigenous Law Institute and author of "Pagans in the Promised Land" said it succinctly:

"Indian nations have been denied their most basic rights ... simply because, at the time of Christendom's arrival in the Americas, they did not believe in the God of the Bible, and did not believe that Jesus Christ was the true Messiah. This is the basis for the denial of Indian rights in federal Indian law and remains as true today as it was in 1823.

Johnson v. McIntosh has never been overruled. "Christian discovery" remains the legal foundation for United States sovereignty over indigenous peoples' lands. But it is concealed, as most foundations are, because Johnson v. McIntosh acts as a laundromat for religious concepts. After Marshall's opinion, no lawyer or court would need to acknowledge that land title claims in United States law are based on a doctrine of Christian supremacy. From that time on, in law and history books, "European" would be substituted for "Christian," so that school child and lawyer alike could speak of the "age of discovery" as the age of "European expansion." - by Peter d'Errico, Legal Studies Department, University of Massachusetts/Amherst, American Indian Sovereignty: Now You See It, Now You Don't.

True Native American history must be included in our schools curriculum. Truth in education can overcome many of the arcane attitudes of white supremacy toward the Utah's Native people that has prevailed for 150 years unchallenged. I am astonished that they have had little or no voice, ignored, shunned, kept out on societies fringes and denied access to the most the fundamentals of equality and human rights. That they live in fear of telling their story, their truth, that there may be retribution for exercising their freedom of speech.

Because Native American history has been omitted from school curriculum, sanitized, and trivialized; consequently Utah's indigenous many have a distorted sense of where they have come from, and where they belong. The dropout rate of Native children in public schools is high. It is then natural for them to believe that their tragedy has little or no importance in Utah or even American history. Even worse our children are being taught that genocide is acceptable when religion is justified for doing so which is simply outrageous!

Many will say that prejudice does not exist, but it does. Just omitting Native American history is itself cutural genocide. The seeds of racism were planted a long time ago, and like a noxious weed has become entwined into every aspect of our society. Racism has become institutionalized and so appears natural in the social landscape. Those who say, "it's not my problem, I'm just doing my job," those who are aware but ignore man's inhumanity toward their fellow man are themselves agents in the on-going genocide of First Nation people. Remember, discrimination has to be taught, our children learn to discriminate from their teachers, families, and communities.

In 1847 when Mormon pioneers entered into the land of the Timpanogos, the Timpanogos awakened to find themselves in an arena of an ongoing Christian supremacy. Settlers spurred on by President Polk's conviction of Manifest Destiny, and President Grant's mandate to leave the fate of the American Indian in the hands of Christians. Christians whose mandate was to "kill the Indian and save the man." While armies of the federal government were dispatched to punish the Mormon's for their illegal practice of polygamy, in the cross fire of clashing beliefs and bloody confrontations, it became a matter of who would survive and who would control the land. Land that belongs to Native Americans by virtue of their sovereign aboriginal rights.

These and many other issues are the legacy of the Black Hawk War that have never been addressed or reconciled. Through my studies I have come to the stark conclusion that:

It is our government that needs to stop holding the indigenous people hostage and making them tenants on their own land.

It is we who need to stop blaming them for the actions of our ancestors.

It is we who need to respect their sovereignty.

It was our ancestors who invaded their country and wrecked their lives.

It was our government and our ancestors who made treaties with the Indian people and broke every one of them.

It was our ancestors who stole their children, and punished them for speaking their own language, physically abused them, and forbid them from practicing their religious beliefs. Carlisle’s founder, Capt. Richard C. Pratt, championed a disastrous approach to educating Native Native Americans that aimed to “kill the Indian, and save the man.”       

It was President Lincoln who set aside 5.6 million acres of land for the Timpanogos, known as the Uintah Valley Reservation, and it was the Stae of Utah who took back 4.3 million acres of that land, the best of that land, and put it in public domain, and did it without any authorization from congress or compensation, they stole it.

It is we, not Native Americans, who have dug up the graves of their ancestors, and sold the contents for profit, and put their bones on public display as a mere public curiosity.

It is our public school system that ignores the Native Americans side of the story and omits their perspective from school curriculum, teaching us and our children a mixture of platitudes, half-truths, omissions, and plausible denials.

It's okay to speak of the injustices against our ancestors, but to point out the atrocities indigenous people have suffered from the hands of our ancestors is whitewashed, romanticized, or simply ignored.

It was our Christian ancestors who stripped them of their human dignity, demoralized and dehumanized the indigenous people to the point they were forced to depend upon our church and government for their very survival as "wards of government" and "prisoners of war."

And it is we who have looked the other way and said nothing and remained silent saying, "it's not my problem, I'm just doing my job."

And in the end it is we who are ignorant and say "we have given the Indian people every opportunity to succeed, yet they choose to live in poverty, and live off the government..." and indifferently state: "it's their own damn fault...?"

Both Indian and non-Indian who do not recognize names like Black Hawk, Walkara, Arapeen, Kanosh, Sanpitch, Tabby, and events such as the Black Hawk War, Fort Utah battle, Circleville Massacre, or the Bear River Massacre, and what they represent; have no sense of true history or the reality of Utah's nefarious beginnings.

Stories of frightened children being taken from their homes and families and placed in distant Christian boardinghouse schools, where they were often physically abused, and harshly punish should they speak their own Indian language. Many died and were buried on school grounds in unmarked graves. Others were forced into slavery, while some were brutally murdered. Had this happened to white mans children there would be hell to pay! But because they were indigenous we say, "that's all in the past, we just need to get over it?"

I feel we have a responsibility to compassionately understand their pain and to not sanitize the Black Hawk War. The indigenous people of Utah are, all said and done, those who made the ultimate sacrifice, and we should see who they are and what they are doing. We need to experience their pain - to feel it. We owe it to the native Native Americans of Utah to feel it. Thousands of lives were lost in the war. Most never knew why, and now we don't even think about the war.

I am often asked, "What can we do to help Native Americans and bring about healing?" The answer is simple:

1. Teach true and honest Native American history in our schools.

2. Demand that our government honor the treaties made with First Nations. Over 365 treaties were signed with Native Americans and not one has ever been honored.

3. Help build that bridge between our cultures and tear down the wall of lies that separate us.

See: Truth In Education