Manataka American Indian Council
CLAIMS OF THE
LITTLE SHELL BAND
(See Notice at the bottom of this page)
The Pembina Nation Little Shell Band of North America is made up of lineal descendants of a nomadic, aboriginal group of Indians who in 1863 were led by its great Chief, Ase-anse or Essence (hereafter "Chief Little Shell No. 3").
One of the signatories to the Red Lake/Pembina Bands Treaty/Old Crossing Treaty of October 2, 1863 was Chief Little Shell No. 3 or Ayabe-way-we-tung Chief of Pembina Ojibwa. (note: the peace medal on his chest with the likeness of Abraham Lincoln who was President at that time is the exact same likeness as you can see on U.S. 1-cent coins). This Treaty acknowledged and asserted the presence and existence of The Pembina Nation Little Shell Band. In 1874 at Washington he stated that his Father and Grandfather were Chiefs of the same Band before him. Chief Little Shell No. 3, in 1896 gave his name as AYABE-WAY-WE-TUNG "He Who Rests On His Way" (1829-1900).
The Pembina Nation Little Shell Band is not a "recognized tribe" as that term is used for Indian groups who have sought and received formal recognition by the federal government and have given up all or most of their Sovereignty and their Rights. The Pembina Nation Little Shell Band have not given up or ceded away any of their Sovereignty or Rights.
Aboriginal land ownership rights of Indians cannot be divested unless there is a treaty with the United States. The lineal descendants of an aboriginal band of Indians, established rights to what would become Minnesota and North Dakota lands by centuries of use and occupancy. In 1863 by Treaty they ceded their interest in a large acreage of Minnesota and a small strip in North Dakota. The consideration promised by the United States was never paid.
The Pembina Nation Little Shell Band as it existed in 1863 divided into two groups approximately a century ago. Some of its members were driven by poverty, hunger and government "removal policy" out of what was to become so-called North Dakota to settle permanently in Northern Montana. The Grand Council of 1863, the governing group for the Pembina Nation Little Shell Band, live primarily in so-called north central North Dakota.
Nation Little Shell Band of North America today has some 62,000,000 acres of
property in which they have not ceded away. You follow the Red River from 15
miles north into Canada down to about Watertown South Dakota, then west to the
Missouri and then north along the Missouri River into Montana near Wolf Point,
Montana and then north to 15 miles into Canada and then east back to the
starting point. 3/4 of so-called
The real North Dakota if in fact it even exists at all except by delusion is really only 1/4 the size they purport to be and is located on the west side of the Missouri River.
Notice the Pembina Nation was never part of the Louisiana Purchase and the drawing as to where the Missouri River is located is incorrect. It is further west than shown.]
1849-1851 map with fictitious borders
On the right side of the map is the western part of the 1863 treaty. A very small part of what the Little Shell Pembina Band holds title to.
The US Government never paid pursuant to the agreement set forth in the Treaty and today their debt to the Little Shell is in excess of One (1) Trillion Dollars. The US Government pursuant to the Treaty of 1863 recognized who the real title holders to the property were. Just in the area that is called North Dakota there is a huge area as you can see that has never been a part of any Treaty of any kind or sold to anyone. Therefore, Fargo, Bismarck and hundreds of smaller towns are situated on un-ceded (unsold) Little Shell Pembina Band of North America property. This includes the Capitol Building and the Governor's Mansion.
The lower section of the western part of the 1863 Treaty.
The so-called cession of 1904 in which the Little Shell Pembina Band received no compensation.
This property was never sold by the Little Shell Pembina Band of North America but was stolen by the Government and never paid for.
The real North Dakota is really only 1/4 the size they purport to be and are located on the west side of the Missouri River.
History and the Louisiana Purchase
By Patrick Bailey, PM
We are admonished to seek out the Truth in all things. I am interested in the Truth that lies in history, especially the history of America from 1776 to date. You have heard the slogan: “Those who do not learn from history are doomed to repeat it,” credited to George Santayana. I am hoping that we want to learn…
The Louisiana Purchase does not extend all the way into North Dakota up to Canada. In fact, parts of North Dakota were never made part of the formal United States. Even today, some areas of North Dakota are recognized by Canada and other some corporate entities as an independent nation. This was interesting to me, so I investigated to find out the Truth.
I found out that the “Red Lake and Pembina bands of Chippewa Indians” have a formal signed “Treaty” with the American Government, signed by Abraham Lincoln, and his Secretary of State, dated May 5, 1864. The written terms state that the duration “shall be perpetual.”…(I have an official copy, no. 327, of that Treaty from the National Archives of the United States, with their seal, dated May 5, 2003. Both on May 5! And there is also Cinco de Mayo…Coincidence?)
The point to notice here is that this is a formal treaty between sovereign nations, and is not an agreement, such as the ones that other Indian Nations have made with the US Government. Those agreements established reservations, the rights of those Indians to live on those reservations, and the “one-quarter Indian blood requirement” for individuals to be legally identified as belonging to a specific American Indian group, such as the Sioux. I then wondered: well, what rights do these Pembina Indians have that the other Indians do not? Or, that I do not?
It turns put that there has been a long and on-going , legal battle for the Pembina Nation Little Shell Band to establish just what their rights are. The battle seems to be over what the written Treaty and subsequent legal documents say, and what elected or appointed officials with the US Government think those rights should be.
So, like any good lawyers, the lawyers for the Pembina band have painstakingly conducted many court cases and have compiled several volumes of legal documentation and judgments supporting the claims of this Indian band. The situation becomes even more complex in that other bands of Indians have been involved in these and other legal proceedings, such as the Turtle Mt. Band of Chippewa Indians, and the court decisions affecting one group have or have not affected the other group, based upon previous Treaties and agreements. This all seems like an elaborate chess game, with rather interesting high stakes.
The important legal point-to-note is that Canada and certain other agencies recognize the Pembina Nation Little Shell Band,” as being a sovereign nation – like France. This means that the members of that nation are sovereign.
Anyway, the Pembina Nation Little Shell Band is recognized as being a Sovereign nation, formally acknowledged by Canada, existing within North Dakota, and they have the power under their Treaty and legal documents to appoint whomever they choose to belong to their band – without concern to race or blood line. They do have a few requirements for admission, one of which is to agree to their “Code of Conduct”, which reads line-for-line very much like the first Ten Commandments, as listed in the Old Testament of the King James version of the Holy Bible. I am intrigued about the rights of these Sovereigns in comparison to the rights of US citizens, so I am investigating these issues in depth. I have already applied for, and have been formally accepted into their band, and I am now awaiting further developments.
The Little Shell Pembina Nation is under attack by scam artists who have misappropriated their name. The Pembina Nation does not sell memberships, roll numbers, license plates, or insurance. They do not participate in land schemes. If you are contacted by anyone attempting to sell you on the 'benefits of tribal sovereignty' in the name of the Little Shell Pembina Nation, contact the Attorney General in your state and the FBI. At least one of the conmen is a former inmate of the federal prison system. -- Editor.
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