The Stand to Preserve the Native American Indigenous Spiritual Culture

Overcoming the Movement to Deride Native American Spirituality and Culture

by James W. F. E. Mooney

From the moment the first European settlers set foot on the North American continent, the lives, culture, and spirituality of the Native American's indigenous culture have been systematically attacked by five atrocities. Treaties were made and broken, however the Native American culture and spirituality are still here, and those treaties are still valid and in effect, even though the states didn't honor them.

The Native Americans have been wholly discriminated against in every aspect of their lives by those in power. The powerful are motivated by power, land, and resources which add to their wealth. Money and power were the motivations behind every discriminatory action perpetrated against the Native Americans. Unfortunately, the people with the most money are often in position to control members of government. People with money want more money, and they will influence politicians to generate laws to protect their interests. Whether these discriminatory actions were taken by the state or federal government, military, political, business, or religious leaders, it really doesn't matter. To fully understand the epic proportions of these atrocities, we have created five categories into which they fall:

The Extermination Order
Cultural Genocide
Denial of Civil Liberties
Character Assassination
Delay Justice to Deny Justice

The Five Atrocities

1. Extermination Order

The Extermination Order refers to the systemic violence and forced removal of Native American communities from their ancestral lands. This policy, often driven by government and military actions, led to the loss of countless lives and the decimation of numerous tribes. This brutal approach aimed at eradicating Native American populations and forcibly relocating them to reservations.

The Extermination Order was not a singular, specific order but rather a term that is sometimes used to describe the various actions and policies that resulted in the forced removal and loss of Native American lives during the westward expansion of the United States. It's often associated with the 19th century and the Indian Removal era. Key details include:

Forced Removal: The primary aspect of the Extermination Order was the forced removal of Native American tribes from their ancestral lands. This involved the displacement of numerous tribes, including the Cherokee, Choctaw, Chickasaw, Creek, and Seminole, among others, from their homelands to the west of the Mississippi River. This removal was carried out through a series of treaties, the most infamous being the Indian Removal Act of 1830.
Loss of Lives: The forced removal of Native Americans often resulted in the loss of many lives due to harsh conditions, lack of resources, and conflicts with settlers and the U.S. military. The most well-known tragedy associated with this is the Trail of Tears, which led to the deaths of thousands of Cherokee people due to exposure, disease, and starvation.
Broken Promises: Many promises were made to Native American tribes regarding their lands, rights, and autonomy. However, these promises were frequently broken, leading to the loss of tribal territories and the degradation of their sovereignty.
Destruction of Communities: The forced removal and relocation of Native American tribes disrupted their communities and traditional ways of life. Families and entire tribes were torn apart, and many cultural practices and traditions were lost or severely impacted. This practice continued well into the second half of the 20th century.

While there isn't a single document known as the "Extermination Order," the term encompasses a range of actions and policies that resulted in the suffering, displacement, and loss of life of Native American peoples during this period of American history.

2. Cultural Genocide

Cultural genocide involved a deliberate effort to suppress and undermine the cultural practices, languages, and traditions of Native American tribes. This was achieved through policies such as the forced assimilation of Native American children into boarding schools, where they were stripped of their cultural identity and language. The goal was to eradicate the distinct cultural heritage of Native American communities.

Forced Assimilation Policies: The U.S. government implemented policies like the Indian Boarding School system, which forcibly removed Native American children from their families and communities. These schools aimed to assimilate Native American children into mainstream American culture by suppressing their languages, traditional clothing, and customs.
Suppression of Native Languages: One of the most effective means of eroding culture was the suppression of indigenous languages. Native American children were often punished for speaking their native languages in boarding schools. As a result, many indigenous languages faced endangerment, with some becoming extinct, making it challenging to pass down cultural knowledge and stories.
Destruction of Cultural Practices: Native American cultural practices, including traditional ceremonies, rituals, and dances, were discouraged or banned in boarding schools and reservations. This suppression disrupted the transmission of cultural knowledge from one generation to the next, leading to a loss of cultural identity.
Interference with Religious Beliefs: Native American spiritual and religious beliefs were targeted by government policies and Christian missionary efforts. Practices integral to indigenous cultures, such as the Sun Dance and the use of peyote in Native American Church ceremonies, were suppressed, which threatened cultural continuity.
Family Disruption: The forced removal of children from their families and communities created a rupture in the transmission of cultural knowledge. Families were often scattered and separated, making it challenging to maintain cultural traditions and values.
Loss of Traditional Knowledge: Indigenous knowledge of land management, natural resources, and sustainable practices was undermined by cultural genocide. This loss of traditional ecological knowledge had negative environmental and cultural consequences.
Legacy and Ongoing Reconciliation: The legacy of cultural genocide continues to affect Native American communities. They grapple with the loss of languages, cultural practices, and the traumatic experiences endured by their ancestors. Ongoing efforts for justice, cultural preservation, and reconciliation aim to address these historical injustices and revitalize Native American cultures.

3. Violation of Civil Liberties

Native Americans experienced severe violations of their civil liberties, including the denial of basic rights, land theft, and loss of autonomy. The imposition of treaties and policies that were often broken, such as the Trail of Tears, exemplified these gross injustices, resulting in the displacement and suffering of indigenous peoples.

Treaty Violations: Treaties were often negotiated between the government and Native American tribes to define the rights and land ownership of indigenous peoples. Many of these treaties were repeatedly broken, altered, or ignored by the federal and state governments, leading to the loss of tribal lands and resources.
Land Displacement: Native American tribes were forcibly removed from their ancestral lands and relocated to reservations, disrupting their communities and traditional ways of life. This practice was often brutal and resulted in the loss of land, resources, and cultural ties to their homelands.
Denial of Sovereignty: Native American tribes had their sovereignty and self-governance undermined by the U.S. government, limiting their ability to make decisions about their own affairs. The U.S. imposed external governance structures on tribes, often without their consent, leading to a loss of autonomy.
Forced Assimilation: Policies like the Indian Boarding School system were aimed at assimilating Native American children into mainstream American culture, often through harsh and punitive methods, resulting in the suppression of indigenous languages, cultures, and traditions, with a lasting impact on Native American identity.
Discriminatory Legislation: Numerous laws, such as the Dawes Act and the Indian Reorganization Act, were passed, often with the intent of assimilating or controlling Native American communities. These laws had detrimental effects, including the division of tribal lands and the erosion of tribal governments.
Violence and Conflicts: Native American communities often faced violence and conflicts with settlers and the U.S. military, further infringing on their civil liberties. These confrontations resulted in the loss of lives, displacement, and the erosion of security for indigenous peoples.
Inadequate Legal Protections: Native Americans were often denied equal protection under the law and had limited access to the U.S. legal system, making it difficult for them to seek redress for injustices and discrimination.

The violation of civil liberties against Native Americans is a complex and deeply rooted historical issue. It's essential to recognize this history and its ongoing consequences to work toward justice and reconciliation.

4. Character Assassination

Character assassination involved the misrepresentation and dehumanization of Native Americans in popular media, literature, and government propaganda. This harmful portrayal perpetuated stereotypes, which justified further mistreatment and discrimination against Native Americans, and continues to impact their communities today.

Media Stereotyping: Native Americans were often depicted in mainstream media, such as movies and literature, using harmful stereotypes, commonly portraying them as savages, drunks, or as threats to white settlers.
Dehumanization: Character assassination aimed at dehumanizing Native Americans, making it easier for society to justify mistreatment and discrimination. Indigenous people were often depicted as less civilized, inferior, or as obstacles to progress and expansion.
Racial Slurs and Labels: Derogatory racial slurs and labels, such as "redskins" and "injuns," were employed in demeaning ways in popular culture and everyday speech.
Government Propaganda: The U.S. government sometimes contributed to character assassination through its policies and actions, including propaganda campaigns and derogatory posters used to justify the removal of indigenous people from their lands.
Impact on Policy: Character assassination had real-world consequences, influencing policies and actions against Native American communities, contributing to discriminatory policies and the denial of rights, land, and resources.
Reinforcement of Bias: Character assassination perpetuated negative biases and racism against Native Americans, biases that continue to affect indigenous communities today, leading to prejudice, discrimination, and unequal treatment.
Challenges to Cultural Preservation: The dehumanization and negative portrayals hindered the preservation and revitalization of Native American cultures, making it challenging for indigenous communities to assert their cultural identity and traditions.
Counter-Narratives and Education: Efforts have been made to counter character assassination through education and accurate portrayals of Native American history and culture, seeking to challenge stereotypes and promote a more accurate and respectful understanding of indigenous peoples.

The character assassination of Native Americans played a significant role in perpetuating harmful biases, justifying discrimination, and erasing the rich and diverse cultures of indigenous communities. Recognizing these historical injustices is essential for addressing ongoing challenges and promoting justice and equality.

5. Delay Justice to Deny Justice

The fifth atrocity is quieter than the others, but no less damaging. Where outright extermination or open suppression would draw scrutiny, justice can instead be delayed, obstructed, and worn down until it is effectively denied. Native American people and their advocates have been made to fight the same battles for years and decades at a time, facing prolonged prosecutions, lost or withheld evidence, redacted testimony, and the pressure to surrender rather than endure the cost of continuing. A right that cannot be exercised without enduring years of obstruction is a right denied in all but name.

These atrocities collectively represent a dark chapter in American history and the ongoing struggle for justice and recognition of Native American rights and dignity.

Three Stands to Preserve the Culture

Three men have made valiant stands for the preservation of the Native American culture and its spirituality, and in overcoming these atrocities: Seminole War Chief and medicine man Osceola, James Mooney, Smithsonian ethnographer, and James "Flaming Eagle" Mooney, great-great grandson of Osceola and great-grandson of James Mooney, who has won legal battles ensuring the rights of members of the Native American Church who sit in bona fide Native American ceremonies to worship with sacred medicines and experience the full ramifications of the U.S. Constitution.

Seminole War Chief and Medicine Man, Osceola

In Florida, one Seminole war chief and medicine man led the way against the U.S. Army and government. Osceola, also known as Billy Powell, was born around 1804 in what is now Alabama, but he became most famous for his role in the resistance against the forced removal of the Seminole people from their ancestral lands in Florida. The Seminole tribe was a unique amalgamation of Native American and African American cultures due to interactions and intermarriages over the years.

Osceola's leadership and charisma made him a central figure in the resistance against the Indian Removal policies of the U.S. government, particularly the enforcement of the Indian Removal Act of 1830. This policy aimed to relocate Native American tribes to lands west of the Mississippi River, thus stealing their ancestral lands for European settlement.

The Indian Removal Act of 1830, signed by President Andrew Jackson, posed the greatest threat to Osceola's desire for Seminole autonomy. Between 1832 and 1838, this federal legislation directed the deportation of the Cherokee, Creek, Choctaw, Chickasaw, and Seminole tribes west of the Mississippi River to Indian Territory, present-day Oklahoma.

The Supreme Court, led by Chief Justice John Marshall, ruled that Georgia's laws had no jurisdiction over the Cherokee Nation's territory, thus making the Indian Removal Act unconstitutional. Nevertheless, President Jackson defied the Supreme Court, and emboldened the state governments to proceed with removal policies, eventually leading to the Trail of Tears.

Prior to the Supreme Court's ruling, the Treaty of Payne's Landing was negotiated with some of the Seminole leaders and the federal government, but it faced opposition from Osceola and many other Seminole people who did not agree with the terms of the treaty. Osceola emerged as the leader during this time and was vocal in his opposition to the forced removal. He refused to give up his culture and his spirituality and be associated with a treaty that would likely be broken. Legend has it that Osceola was so upset by this treaty that he stuck a knife through it.

Osceola's refusal to sign the Treaty of Payne's Landing and his subsequent leadership in resisting the forced removal contributed to the outbreak of the Second Seminole War, which lasted from 1835 to 1842. Their refusal to leave their lands led to a protracted guerrilla war between the Seminoles and the U.S. military. Osceola was trained at West Point, so was well versed in the military tactics of the U.S. military. The Seminoles used their knowledge of the Florida terrain to their advantage, making it difficult for U.S. forces to capture them. The conflict officially ended in 1842, although some Seminoles managed to evade capture and remain in Florida. One of these groups was the Oklevueha Band of the Seminoles.

American Major Ethan Allen Hitchcock wrote about the wars with the Seminoles, venting his bitter discontent with the conflict: "The government is in the wrong, and this is the chief cause of the persevering opposition of the Indians, who have nobly defended their country against our attempt to enforce a fraudulent treaty. The natives used every means to avoid a war, but were forced into it by the tyranny of our government."

In October 1837, Osceola was lured into a meeting under a flag of truce by U.S. officials, who were hoping to negotiate a peace settlement. However, this meeting was a ruse, and Osceola was captured by U.S. troops. His capture was a significant blow to the Seminole resistance movement and began the process of Congress defunding the war.

After his capture, Osceola was imprisoned first at Fort Marion, Florida, and then transported to Fort Moultrie, South Carolina. While incarcerated at Fort Marion, he learned that the U.S. military had discovered the location of Harjo Town — the secluded sanctuary for Seminole elderly, women, and children — and had ordered General Hernandez of the U.S. military to lay waste to it. Upon learning of this march to massacre his people's elderly, women, and children, he ordered several of his warriors to escape from their fort stockade to save his people from being slaughtered. Osceola's escaped warriors were only days late to rescue their families; when they arrived, they found several of their women horribly dismembered, and their babies impaled on pointed stakes. However, thirty-three of Harjo's tribal members escaped into the Everglades and avoided being captured or murdered. Descendants of these people still reside in the very place that Harjo Town was laid to waste.

Osceola and other captured Seminole leaders were subjected to difficult living conditions and suffered from illness at Fort Moultrie. His health deteriorated, and he reportedly suffered from respiratory issues, which were exacerbated by the harsh conditions of his captivity. Osceola died in captivity at Fort Moultrie on January 30, 1838, of a form of "strep throat." The exact cause of his death is disputed: some accounts suggest he died from complications related to his respiratory illness, while others claim he was poisoned. Regardless of the exact cause, his death in prison was noted on front pages around the world — in 1838, he was the most famous Native American.

Shortly after Osceola's death, his mother, wives, and daughters were placed on a boat to send them on the Trail of Tears; however, prior to reaching Oklahoma, they escaped into the Arkansas Ozarks.

James Mooney, American Ethnographer, Anthropologist, and Folklorist

James Mooney was an American ethnographer and anthropologist born on February 10, 1861, in Richmond, Indiana. He grew up in Indianapolis and developed an early interest in the cultures of Indigenous peoples, particularly Native American tribes. Mooney pursued his passion for anthropology and ethnography, and his work would later become pivotal in the study and preservation of Native American cultures. He understood that Native Americans are deeply connected to all things in a spiritual manner — that Native American culture is inextricably connected to their spirituality and cannot be separated. James Mooney understood that by protecting Native American spiritual practices, the entire culture could be preserved and protected.

Mooney's career as an ethnographer began in the late 1880s when he joined the Bureau of American Ethnology (BAE), part of the Smithsonian Institution. He conducted extensive fieldwork, living among Native American tribes from the east to west coast to study their customs, languages, and religious practices. One of his most significant works was his research on the Cherokee people. Mooney lived with the Cherokee for several years, learning their language and documenting their sacred rituals and myths. His thorough understanding of Cherokee culture led to the publication of "The Sacred Formulas of the Cherokees" in 1891, which remains a valuable resource for understanding Cherokee religious practices. Mooney published nine books about the Native Americans, including some of the most detailed early research into peyote.

In the 1890s, James Mooney spent time with the Kiowa in Oklahoma, researching the spiritual use of peyote. Noting the political trends to prevent Native Americans from exercising their spiritual practices, he advised peyotists of various Oklahoma tribes to obtain a legal charter to protect their religious freedom. Mooney, with input from various tribal leaders, wrote the by-laws and incorporation papers of the Native American Church on October 10, 1918, thus establishing the legality and protection for the sacred ceremonies and medicines, especially the ceremonial use of peyote. Through this legal recognition, the Native American Church has been able to protect its religious freedom and cultural heritage, despite ongoing legal challenges and efforts to restrict the use of peyote in some areas. At this time, Congress was quite concerned about the use of peyote, and over nine bills were introduced between 1916 and 1937. James Mooney went back to Washington to argue before the House Subcommittee on Indian Affairs in support of the peyote religion, and successfully argued against these bills — none of them were ever made into law.

However, Mooney's work was criticized by some Indigenous activists, scholars, and descendants for what they perceived as a lack of understanding and for presenting a skewed perspective. Critics, including major religions as well as other Native Americans, were so incensed by his work to protect peyote that they went to Washington and insisted he be removed from his position at the Smithsonian. Activists from Christian religions and other Native Americans worked hard to malign his name and all the good works he had done. As a result, James Mooney's writings and works have been removed from the public and are only accessible through special permission. He was prevented from continuing his research into the Native Americans, his works locked away in the vaults of the Smithsonian, and he was banished from the work and people he loved the most. James Mooney died a broken man.

James Warren "Flaming Eagle" Mooney, Elder Seminole Medicine Man

James Warren "Flaming Eagle" Mooney has worked to ensure that the civil liberties of all Native Americans are protected and available to all. Living most of his life without conscious knowledge that he was Native American, James Warren Mooney was awakened one night out of a deep sleep by a phone call from his Tribal Chief, Little Dove Buford, calling him home to the medicine. This call initiated years of study, travel, and sitting with medicine people from all over the world. James began an intense study of the various ceremonies and a deep dive into the world of healing through peyote. However, not everyone supported James in his role as a Seminole Medicine Man and his honoring of his Native American heritage.

From successfully working in the State of Utah's Drug Task Force and then being illegally fired from his directorship of the highly successful "Last Shot" prison program — which had lowered the Utah Correctional system's recidivism rate to under 30% — to the illegal raiding of Oklevueha Native American Church and his family's residence and the twice-illegal arrest of him and his wife, Linda, James "Flaming Eagle" Mooney has been a target for those who wish to continue degrading and working against Native Americans experiencing their constitutional rights.

James believes there has been an ongoing conspiracy that began entrenching itself in government policies and laws when President Andrew Jackson refused to honor the Supreme Court ruling that the reservation system was unconstitutional. He sees this conspiracy carried forward by wayward Christian churches, commerce's greed-led leaders, land developers, and educational systems, all working to deny Native Americans the ability to live their lives as American citizens and to dishonor their Earth-based spiritual culture — including by registering their most sacred sacraments (peyote and cannabis) as Schedule One narcotics and desecrating their temple of worship, the Earth.

James Mooney and his wife, Linda, successfully stood against drug, racketeering, and fraud charges brought against them by the State of Utah Attorney General Mark Shurtleff and the U.S. federal government. The state accused them of providing drugs — i.e., peyote — to non-Indians and to Indians who were not tribal members. The federal case took the situation much further, calling into question James's heritage and stories about his training, relying on lies, false statements, and the interference of the Native American Rights Fund (NARF, founded by John Echohawk) and the Bureau of Indian Affairs (BIA, directed at the time by Larry Echohawk) into the state and federal proceedings. The various agencies went to great lengths to lie, distort the truth, and even redact testimonials supporting James and Linda Mooney — the DEA reportedly committing perjury in a federal court hearing and redacting testimony given to a federal grand jury. The state and federal governments knew the only way they could "win" was to have the Mooneys plea bargain. To that end, they threatened to take their children away, called James the "Jim Jones of Indians," and required them to take frequent drug tests, with the understanding that if they missed any, they would be arrested again. One of the tests did go missing, but fortunately the Mooneys had a receipt from the drug test center.

Because of the many blessings from Indian elders, and the confirmation that James was indeed who he said he was, the Mooneys' case was dismissed by the federal government prior to any evidentiary hearing — the first time a federal case of this kind was dismissed before any court appearance. James believes winning this case was the fulfillment of James Mooney's prophecy that descendants of the Indigenous American Native cultures would be able to experience the full ramifications of their constitutional rights.

James has stood as an outspoken advocate for civil rights for all humans. He has been recognized for his work in law enforcement and in the prison systems, as a member of the Priory of Indigenous People, Hospitaller Order of Saint Lazarus of Jerusalem, participated in the United Nations Declaration on the Rights of Indigenous People, and has been recognized by Utah Governors Leavitt, Herbert, and Cox, along with President Obama.

Closing

Two ancestors and one man worked over generations to preserve and protect the rights of the Native Americans and overcome the five atrocities. These three men represent how the atrocities were systematically inflicted upon Native Americans, and how they overcame them. Osceola faced extermination and fought those edicts with war. James Mooney worked to protect the Native Americans from cultural genocide — the government worked very hard to make the culture, the ceremonies, and even the herbal medicines used by the tribes illegal under United States law, ultimately working to destroy and eliminate the native culture. James Mooney recognized what was happening and worked quickly to write the charter for the Native American Church, thus codifying and protecting their spirituality through the creation of a government-approved church.

James and Linda Mooney overcame and survived two threats on James's life and one threat to kill his entire family by Jim Pritchard, the character assassination, and the attempted subversion of their civil rights, and won the right for all humans to be able to sit in sacred ceremony, partake of Creator's medicines, and experience the full ramifications of the U.S. Constitution.

Extremely powerful and influential elements of the world that have financially benefited by corrupting the understanding of the principles of the United States Constitution as it relates to the Native American Church are, but grudgingly, accepting the reality that the Indigenous Cultures of North, Central, and South America (the Native American Church) have the same equal rights and protections to worship as the Catholic Church and the Church of Jesus Christ of Latter-day Saints.