Tired of Settling

U.S. Will Settle Indian Lawsuit for $3.4 Billion
Published: December 8, 2009
WASHINGTON — The federal government announced on Tuesday that it intends to pay $3.4 billion to settle claims that it has mismanaged the revenue in American Indian trust funds, potentially ending one of the largest and most complicated class-action lawsuits ever brought against the United States.

Interior Secretary Ken Salazar and Attorney General Eric Holder announced Tuesday the settlement of a lawsuit on Indian trust management.
The tentative agreement, reached late Monday, would resolve a 13-year-old lawsuit over hundreds of thousands of land trust accounts that date to the 19th century. Specialists in federal tribal law described the lawsuit as one of the most important in the history of legal disputes involving the government’s treatment of American Indians.
President Obama hailed the agreement as an “important step towards a sincere reconciliation” between the federal government and American Indians, many of whom, he said, considered the protracted lawsuit a “stain” on the nation.
As a presidential candidate, Mr. Obama said, “I pledged my commitment to resolving this issue, and I am proud that my administration has taken this step today.”
For the agreement to become final, Congress must enact legislation and the federal courts must then sign off on it. Administration officials said they hoped those two steps would be completed in the next few months.
The dispute arises from a system dating to 1887, when Congress divided many tribal lands into parcels — most from 40 to 160 acres — and assigned them to individual Indians while selling off remaining lands.
The Interior Department now manages about 56 million acres of Indian trust land scattered across the country, with the heaviest concentration in Western states. The government handles leases on the land for mining, livestock grazing, timber harvesting and drilling for oil and gas. It then distributes the revenue raised by those leases to the American Indians. In the 2009 fiscal year, it collected about $298 million for more than 384,000 individual Indian accounts.
The lawsuit accuses the federal government of mismanaging that money. As a result, the value of the trusts has been unclear, and the Indians contend that they are owed far more than what they have been paid.
Under the settlement, the government would pay $1.4 billion to compensate the Indians for their claims of historical accounting irregularities and any accusation that federal officials mismanaged the administration of the land itself over the years.
Each member of the class would receive a check for $1,000, and the rest of the money would be distributed according to the land owned. In addition, legal fees, to be determined by a judge, would be paid from that fund.
Philip Frickey, a law professor at the University of California, Berkeley, who specializes in federal Indian law, said that of all the Indian land claims and other lawsuits over the past generation, the trust case had been a “blockbuster” because it is national in scope, involves a large amount of money, and has been long-running.
The lawsuit spanned three presidencies and engendered seven trials covering 192 trial days, generated 22 published judicial opinions, and went before a federal appeals court 10 times.
Over its course, the federal judge originally assigned to the case, Royce C. Lamberth, put contempt orders on two secretaries of the interior over their handling of the lawsuit. In 2006, after the Bush administration complained of bias, a federal appeals court removed Judge Lamberth from the case.
Judge James Robertson has handled it since, and he pushed both parties to negotiate — including brokering a last-minute deal over an undisclosed problem that nearly derailed the settlement late Monday, said David J. Hayes, the Interior Department deputy secretary.
Attorney General Eric H. Holder Jr. on Tuesday characterized the case as “intense, and sometimes difficult.”
“The United States could have continued to litigate this case, at great expense to the taxpayers,” Mr. Holder said. “It could have let all of these claims linger, and could even have let the problem of fractionated land continue to grow with each generation. But with this settlement, we are erasing these past liabilities and getting on track to eliminate them going forward.”
The settlement also seeks to resolve an ever-growing headache of the trust system that contributed to the government’s problems — especially in the pre-computer era — in keeping track of the allotments: the original owners, most of whom died without leaving wills, have many heirs, which has “fractionalized” the ownership interests.
For example, one 40-acre parcel today has 439 owners, most of whom receive less than $1 a year in income from it, Mr. Haynes said. The parcel is valued at about $20,000, but it costs the government more than $40,000 a year to administer those trusts.
In an effort to resolve such problems — and prevent them from worsening in subsequent generations — the settlement would establish a $2 billion fund to buy fractional interests in land from anyone willing to sell. The program would seek to consolidate ownership in parcels of land for the tribes, while reducing the Interior Department’s work in keeping track of the trusts.
“This is an historic, positive development for Indian country,” said Ken Salazar, the Interior Department secretary, “and a major step on the road to reconciliation following years of acrimonious litigation between trust beneficiaries and the United States.”
Over the years, the plaintiffs have contended that they were owed tens of billions of dollars, while the government has at times taken the position that it owed them little or nothing.
Elouise Cobell, the lead plaintiff who filed the class-action lawsuit in 1996, said she believed that the Indians were owed more, but that it was better to reach an agreement that could help impoverished trust holders than to spend more years in court. She said she had originally expected the litigation to last only two or three years.
“We are compelled to settle by the sobering realization that our class grows smaller each day as our elders die and are forever prevented from receiving just compensation,“ Ms. Cobell said.
Robert Clinton, an Arizona State University law professor who specializes in federal Indian law, said the settlement alone would not resolve the trust problem because many of the heirs who own tiny interests in parcels may not be willing to sell them.
Still, the settlement will provide an incentive for such owners to sell: the Interior Department will set aside up to 5 percent of the value of the land interests for a scholarship fund to help Indians attend college or vocational school.

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This is so pitiful. A new Incentive to resell the Land via Mis Trust Instruments. I have to give it to the so called Indians because they endured this long purporting to be the Aboriginal Caretakers of this land why not bind themselves in 12 more years of litigation for Welfare rations.

The Conspiracy at ALL ends is never ending. There can NEVER be just compensation when making deals with Criminals. I do not know which is worse, so called Indians that know they are Indigenous to the LAND yet still doing business as Subjects to the very Entity that murdered their Mothers and Fathers OR so called Black people that don’t know that they are the Aboriginal people of the Planet and don’t know it and allow for the misnomered Indians to handle all of OUR (including the misnomered Indians) affairs. GARBAGE!

TITLE 25 > CHAPTER 3 > SUBCHAPTER I > § 71. Future treaties with Indian tribes
No Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty; but no obligation of any treaty lawfully made and ratified with any such Indian nation or tribe prior to March 3, 1871, shall be hereby invalidated or impaired.

Title 25 > Chapter 3 > Subchapter II > § 81 Contracts and agreements with Indian tribes
(a) Definitions
In this section:
(1) The term “Indian lands” means lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation.
(2) The term “Indian tribe” has the meaning given that term in section 450b (e) of this title.
(3) The term “Secretary” means the Secretary of the Interior.
(b) Approval
No agreement or contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years shall be valid unless that agreement or contract bears the approval of the Secretary of the Interior or a designee of the Secretary.
(c) Exception
Subsection (b) of this section shall not apply to any agreement or contract that the Secretary (or a designee of the Secretary) determines is not covered under that subsection.
(d) Unapproved agreements
The Secretary (or a designee of the Secretary) shall refuse to approve an agreement or contract that is covered under subsection (b) of this section if the Secretary (or a designee of the Secretary) determines that the agreement or contract—
(1) violates Federal law; or
(2) does not include a provision that—
(A) provides for remedies in the case of a breach of the agreement or contract;
(B) references a tribal code, ordinance, or ruling of a court of competent jurisdiction that discloses the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe; or
(C) includes an express waiver of the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe (including a waiver that limits the nature of relief that may be provided or the jurisdiction of a court with respect to such an action).
(e) Regulations
Not later than 180 days after March 14, 2000, the Secretary shall issue regulations for identifying types of agreements or contracts that are not covered under subsection (b) of this section.
(f) Construction
Nothing in this section shall be construed to—
(1) require the Secretary to approve a contract for legal services by an attorney;
(2) amend or repeal the authority of the National Indian Gaming Commission under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.); or
(3) alter or amend any ordinance, resolution, or charter of an Indian tribe that requires approval by the Secretary of any action by that Indian tribe.

TITLE 25 > Chapter 15 > Subchapter I > § 1301Definitions
(4) “Indian” means any person who would be subject to the jurisdiction of the United States as an Indian under section 1153, title 18, if that person were to commit an offense listed in that section in Indian country to which that section applies.

“Indians” gave up their sovereignty via Domestic Treaties when they allowed themselves to be classified as Indians. All Indian Treaties are considered in law as Domestic Treaties subject to the U.S. The claim to be Indian is a claim to be a U.S. Corporate/Citizen/ Subject.

We all need to get an International Grip on our Affairs before it is too late. Indians cannot do this without us (so called Blacks) nor without the permission of the U.S. and therefore must succumb to the confines of the U.S Judicial System to seek remedy.

Moors have been making Treaties long before we even recognized the U.S (in fact to further pursue their Colonization Efforts in the West they had to hide that fact that the Murakush Empire had treaties with the so called Indians and they have done their best to eliminate any information surrounding these facts) and will continue to do so long after the U.S. Corporation is totally eradicated.

“The key of civilization was and is in the hands of the Asiatic Nations.” Chapter 45 of ‘The Holy Koran of the Moorish Science Temple of America’. At least the “Indians” define themselves via Nation Constructs. We are just BLACK and or AFRICAN/AMERICAN 14TH Amendment Citizens/Subjects.

Tired of Settling.
Running out of Time.
Please Wake Up!

FREE THE LAND MY PEOPLE!
AC

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About Abundance Child

Called and Chosen. The Emancipator.

Posted on December 11, 2009, in Uncategorized. Bookmark the permalink. 2 Comments.

  1. Authentic words, some true words dude. You made my day!!

  2. Black Indians response to $3 Billion Dollar Payoff:

    Halito Sai Iksa!
    Many Nations have participated passively in the destruction of the correct racial identification, and ensuing illegal racial reclassification of 40 million so-called African Americans who are unrecognized North American Ethnic (Black) Indians. The worse perpetrator by far has been the United States Government. It is too bad that President Obama has misused his phenotype as an African to give him the cajones to stand toe-to-toe with Congressional Black Caucus Members and Black People in general to “roundly reject criticism that he has done too little for Black Americans”.

    The fact is that Obama’s U.S. Department of the Interior just sold out the Civil Rights and Constitutional protections of the Black People particular to the Indian Nations, which will no doubt also affect the protected rights of-called African Americans as he promised the Oklahoma Congressmen Representing the Cherokee Nation of Oklahoma (by letter-reported in online Indian News Outlets) that the United States would not investigate claims of racial discrimination lodged against the 5 Civilized Tribes as long as Black Indians have claims against them in U.S. Federal Court. [Interpretation; Black Indians may file complaints of race bias, discrimination, violation of rights, etc., until the cows come home, as long as there are claims in U.S. Federal Court the Obama Administration will pass upon all investigation and/or judgment of such claims].

    It concerns me deeply that the Obama Administration has officially declared that the U.S. Government and the Department of the Interior will pass upon investigating discrimination claims lodged against the Tribal Governments in the Federal Courts by Indian Freedmen. So, essentially their crimes against us are being treated as “invisible“ in the eyes of the law“, because we are an “invisible racial minority“, having no juridical identity.

    Ok, so Obama won’t investigate the Tribes and he has given his solemn promise to suspend Congressional Inquiry of their Crimes against Indian Freedmen and he has now opened the bank and laid money on the table of the Indian Nations as a testament of his good faith toward them.
    What about U.S. Crimes committed against Indian Freedmen?

    A couple of years ago, Eloise Cobell (lead complainant in this $3 Billion Dollar Trust Fund Mismanagement case) sent me information on Finley surnamed Indians having Trust Accounts that were mismanaged by the United States Government and numerous Black Indians have attested here in Oklahoma to the fact their Indian ancestors had Annuity payments which simply and mysteriously stopped in the 1970s. During the course of the Cobell Case, the United States has stated that it was “too difficult” for them to reconcile the old individual accounts, which assures that none of the funds will find their way to the descendants of Ethnic (Black) Indians.

    I care immensely whether or not the Obama Administration investigates U.S. wrongdoing- violations of Treaty Rights, Discriminatory Federal Laws, Rules of Access, Failures in Fiduciary Duties, including U.S. Violations of the Treaty, Civil, Constitutional and Human Rights of Ethnic (Black) Indians and Freedmen of the 5 Civilized Tribes– Obama does not get a free pass from me, to sit on his hands as some type of promise to Indians and then hand over a three Billion Check for their continued complicity. I am familiar with the theory of Pavlovs dogs. Positive Reinforcement by any other payment system is still positive reinforcement of present actions leveled by the Indian Nations against Freedmen. We are looking at a Gross miscarriage of justice and continuing Crime Against Humanity.

    The Truth is what it is! Here are Three Billion Reasons to be angry that Obama froze Black Indians out of his meeting of more than 584 Indian Nations. He didn’t “reject criticism” leveled at him from the non-Black Indian Nations, nor the Hispanic Caucus. Obama didn’t “reject criticism” from Jewish Groups, Gay Advocacy Organizations or anyone else feeling neglected by the U.S. Government. He chose only to publicly “reject criticism” from Black People (an easy mark), a people who have consistently failed to reclaim their Sovereign Authority and Government to complain as an organized Nation, instead of complaining as an individual Ethnic Group amalgamated into the lower echelons of U.S. Society. On that note who cares if a bunch of disorganized Black Folks complain about anything?

    For those of you unfamiliar with the work of our allied friends at Harvest Institute Freedmen Federation of Washington, D.C., and Dr. Mustafa Ansari’s Plebiscite and African Reconciliation Project, or Black Indians United Legal Defense and Education Fund of Enid Oklahoma, here is my Educational message for the day. I hope it is embraced by Moors, Muslims, Yahwehs, Panthers, Baptists, Pentecostals, Adventists, Catholics, Agnostics, Osirians, Saracens, Pagans, Scholars, Anthropologists, Archaeologists and others.
    -Angela Finley Molette (Tuscaloosa Ohoyo) Black Warrior Woman:

    Halito Dr. Ansari!
    I have been aware for many years that African Americans had a faux identity fraught with difficulties, so much so that it cannot be recognized under UN protocols, primarily because there never has been a race of Autochthons known as African Americans.
    Of course, I am merely an Ethnic Indian Tribal Historian, Representative and Spokesperson of a Black Indian Advocacy Group, Black Indians United Legal Defense and Education Fund (BIU), an IRS registered 501( c )4-Native American Educational Organization.

    However, as a direct lineal descendant of Ethnic Aboriginals, I presently serve as the Hereditary Chief of the United Tuscaloosa Band of the Choctaw Nation (since February 18, 2009). As such, I have an inherent interest in pursing this area of study. Additionally, I serve as an Educational Consultant to 6 reorganized Ethnic Indian Tribal Nations of the 5 Civilized Tribes (Freedmen Bands) and it has become my duty to educate our people about our true origin and history.

    I maintain close contact with other Freedmen Bands who are not represented by Black Indians United Legal Defense and Education Fund. Our represented Bands include the descendants of the Seminole Negro Scouts at Brackettville, Del Rio, and Nueces, Texas.
    They were granted substantial Reservation acres for their particular people under an International Agreement with the Central Mexican Government, since 1850. However, their Tribe has been too bereft of financial capital to turn it into the haven it should be for their people. So, the majority of the Black Seminole People spend only a few months each year on their Mexican Lands, while Seminole Mascogoes (whose Ethnic composition includes Black Seminole/Mexican Ancestry) maintain a year-round presence on the lands to keep squatters at bay.

    The Black Seminoles of the Nacimiento Colony should have had some type of negotiated compact over the years to help build appropriate independent infrastructure for their people. The Black Seminoles were last visited by a member of the U.S. Consulate in the 1870s. The U.S. Ambassador dispatched by the U.S. Department of the Interior to carry out that operation was successful only in removing the Kickapoo Nation Warriors among them. The Mexico Kickapoos were brought back across the border and provided with reservation land in Oklahoma that they still maintain to this day, complete with a fabulous 5 Star Casino. The Black Seminoles (Negro Scouts) were essentially abandoned on the border by the United States, the U.S. Army and the U.S. Consulate Agent (Schuchardt) because they were viewed as “Negroes“.

    They are still in need of an Embassy, Administrative Building, Ceremonial Center, Hospital, Schools, Stores, Water Treatment or whatever they need available to them whenever they are in residence on their Mexican Property. On the U.S. side, they have never had their original Treaty negotiated Oklahoma settlement lands returned to them, nor received compensation of any type for their lands destroyed in Florida by the U.S. Army. Additionally, their 2 remaining Black Indian Bands were quarantined within the Seminole Nation following the exile of the Negro Scout Bands–they too were also denied compensation by the U.S. Congress for their land losses in Florida.

    In addition to that the Black Seminoles of Mexico had a Special Delegate present at the signing of the 1866 Treaties. He was the signatory recorded as the Special Delegate for Southern Seminoles (recorded in the preamble and documented as a signatory).
    Even though the settlement of the Black Seminoles at Fort Clark (lay atop/abutted to Los Moras Creek) predates the construction of the Fort; the facility (subsequently became a former holding of VP Cheney’s Haliburton Corp.) was never deeded to the Seminoles after it was decommissioned. Instead all the Black Seminoles were evicted off the property, forcing them to squat on the remaining Los Moras Creek lands just outside the gates of the Fort.

    They should have been given the lands of the Fort (upon its decommissioning) because it contained the original burials of the Seminole Negro Scouts. Instead, their descendants were themselves given a short amount of time to disinter each of the Medal of Honor winner decedents and to find another place to bury them. The Seminole Negro Scouts are now in a graveyard maintained privately by the descendants of the Seminole Negro Scouts.

    The present Black Seminole Chief, William “Dub” Warrior (a direct descendant of the Seminole Seminoles and Biloxi Indians) was the only member of the Tribe able to preserve a piece of the original Fort Clark land his people settled (he was helped by a white realtor who violated the unwritten code not to resell any portions of the lands to Black Seminoles).

    He purchased a lot and turned the existing structure into a Council House and Lodge for his people on the grounds. Presently, whites have turned the rest of the former Fort into a Country Club, an end-destination-Tourist Attraction because the majority of the Fort’s infrastructure (built by the Seminole Negro Scouts) is still standing.
    Years ago, Chief William “Dub” Warrior recounted to me that when the original Black Seminoles arrived in Mexico, they encountered other Black Indian people already living there. So they never felt out of place.

    Judge Vicki Myles LeGrange (a Black female Justice, whom I have just recently had the pleasure of meeting at the Federal Bar Association Conference) was the Judge presiding over the case in the Oklahoma Supreme Court. She treated the Black Seminoles harshly (Dorsar/Barcus Bands) during the course of the case. I was provided information that she even asked the Freedmen to prove how many Black Indians had petitioned the Seminole Nation for Citizenship over the years and been rejected. It is interesting because the Seminole Freedmen of the Dorsar/Barcus Bands had never been separated from the parent Seminole Nation for any length of time, nor at any point in history (except when the Nation was faced with having to share the present $54 million dollar settlement claim), which is why they were in Court before LeGrange.

    The Dorsar/Barcus Bands were in court to challenge the fact that Seminole Freedmen were passed over during the distribution of the $54 Million dollar settlement. The case essentially became a contest to determine whether or not Congress had intended for the “entire tribe“ to benefit from the $54 Million dollar judgment to settle claims for lands lost, damaged or destroyed in Florida prior to removal.

    The Court (pathetically and errantly) allowed the United States to successfully claim that Black Seminoles did not “own” lands prior to 1823. So, none of the Black Indian Tribal Bands received compensation from the Congressional Appropriation intended to repay the entire Tribe for Land Losses in Florida-(meaning, the Dorsar, Barcus or John Horse’s Band of Mexican Seminole Negro Scouts-now known as the reorganized United Warrior Band of Seminoles). In fact, it was determined that Congress did not intend for the Congressional Appropriation to include “the entire tribe”….Wow, I am still stunned by this blatant discrimination against the Black Seminole Tribal People by the United States Government which was based upon race.

    Contrary to the U.S. claim, the Scientific Community has determined that the Principal Black Indian Settlement of Peliklakaha (Abraham’s Town-a known Black Seminole Settlement) was carbon-dated to 1690. This Black Indian town is listed in U.S. Military records as having been burned to the ground during its search for Chief Micanopy who was known to favor and/or seek refuge and safety in the Black Indian settlements (it is also speculated that Chief Micanopy, John Horse and Wild Cat were all half-brothers-their Dad being Emathla). So it becomes a Crime and an uncompensated loss for Black Seminoles and that is merely the story of one such town.

    Black Seminoles did not appear before Justice LeGrange to set out seeking to prove their citizenship (Besides, the question could have only been answered by the parent Seminole Nation Government and their Membership Arm–they received applications from people all over the United States). Black Seminoles merely set out to claim their portion of the Congressional Appropriation ($54 Million Dollars) as re-compensation for their lands lost, damaged, destroyed or taken in Florida. They were unsuccessful in their bid.
    The world wants only to believe that Black Seminoles were merely Slaves. To that I say, who cares if they were Slaves-Their Colonies, Communities, Towns and Areas within the Seminole Indian Nation were lost, damaged, destroyed or taken in Florida (prior to removal) and they are due re-compensation for their losses as an Independent Country authorized by the Indians and Spanish Land Grants to settle there!

    Instead, LeGrange put the burden upon the Seminole Freedmen (a people unable to broach technical questions which required the participation of the parent Seminole Nation who should have been enjoined immediately as a party to the suit.

    It is possible that Judge LeGrange knows more now than she did at the time.
    This type of infrastructure development is also necessary for the Ethnic Indians of the other Bands of Indian Freedmen denied access to their Colonies and Communities. In many cases we need reallocation of Trust Lands, alternate locations or recompensation for the loss of these areas.

    After many years of independent study, I have learned that the people identified under the designation (African American) in the United States are actually a strain of unique Aboriginals or Indigenous people existing in the hemisphere of the Americas prior to European arrival. In 1958, while Black People in America were preparing to be misdirected en masse into sitting at lunch counters and boycotting buses, they should have preparing to re-established their Nationhood based upon Aboriginal Status.

    Substantiating this theory, are copious amounts of empirical evidence gathered in the historical studies of scholars such as the first director of the Smithsonian Institution, John Wesley Powell (J.W. Powell), Cyrus Thomas, Hubert Howe Bancroft and Malcolm J. Rogers-whom discovered after 40 years of study that the first San Diegans were small, dark and hairy “like Australian Blackfellows.”

    The following information will center on the findings (Prehistoric Australoid/Africoid remains uncovered in North America by Malcolm J. Rogers and others), maintained by the United States Department of the Interior; (see next page).

    WHO WERE THE FIRST INHABITANTS OF SAN DIEGO?
    Tools Found Near Escondido Led to Discovery of Early Society

    By Bryant Evans
    The San Diego Union’s Science Writer, 1958

    This is the story of the first San Diegans. They were a small, dark people who never emerged from the Old Stone Age but nevertheless traveled, perhaps
    from India, halfway around the world. When they came to California, a climate that was good for hunting made it easy for them to stay and multiplied.

    Later, when the climate became hot and dry, they were driven out by a newer people. At last a remnant of these early settlers was exterminated by disease
    brought by white men who had come around the world from the other
    direction.

    In 40 years of study, Malcolm J. Rogers, the dean of active archaeologists of the Southwest, has partially reconstructed the character, the life and travels of these first San Diegans—of early man in California.

    Last week he took time off from classifying the stone tools of this people at the Museum of Man to describe them. Of them he said:
    They came into California probably 4,000 years ago. They were not Indians as most people think of Indians, but were hairy and black and had thick frontal bones in their skulls. They were probably close racial relatives of the blackfellows, Australian aborigines.

    They were more primitive than any other people of the New World. They probably did not even have the institution of marriage but bred indiscriminately.
    They lived without houses and slept in crowded huddles to keep warm.
    They ate nothing but meat. Although they vanished, some of their characteristics survived other people.

    For all this, Rogers said, there is no concrete proof. Instead these are statements that represent the most probably explanation of the meager facts he has laboriously learned since he found the first stone tools of this ancient race near Escondido in 1919. Rogers named these people the “San Dieguitos,” because the most valuable evidence of their identity was found in the bed of the San Dieguito River. The name has since been firmly established in archaeological literature.

    Rogers investigated the San Dieguitos actively for 18 years while serving as director of the Museum of Man prior to World War II. Then the museum was closed for the duration. He published many papers on the San Dieguitos which have formed a basis of study for other archaeologists. After the war, Rogers retired from archaeology, but last spring he returned to the Museum of Man to complete the San Dieguito story.
    When a layman looks at Rogers’ collection of stone tools, at first he sees nothing but broken stones. Then, as Rogers points out differences and tells the story of how they were found and the pattern they made on the map, they become chapters in a scientific detective story.

    “It was on Christmas Day in 1919 that I first saw San Dieguito stone tools,” Rogers said. “I was hunting Indian artifacts on a sandy-loam ridge about a mile and a half west of Escondido. Since I was well aware of the kind of tools left behind by historical Indians and the people of the La Jollan culture before them, I knew immediately that these tools were of a still earlier people.

    “At first I thought they were much older than I think now. When you compare them with Old World tools, they are parallel to the Aurignacian cave people in France who lived before the last Ice Age. “On that hill we found 12 tools intact and a number of others, including some of the largest, broken. They must have been broken deliberately, probably in some ort of rite connected with death.”

    Although Rogers recognized these tools as quite primitive, he was later to look upon them as fairly sophisticated. For he had discovered the San Dieguitos at an advanced stage of their culture. When he followed their trail backwards, he found much cruder tools than the stone scrapers and points at Escondido.

    The trail took Rogers back through the Laguna Mountains into Imperial Valley. It led up Imperial Valley around the east flank of the San Bernardino Mountains into the Mojave Desert. It took him up along U.S. 395, east of the Sierras, to the Oregon line. All the time the tools kept getting cruder. From the tools and from the places they were found, Rogers reconstructed the migration of the San Dieguitos to Southern California from the north.
    He found relics left by the San Dieguitos over large areas of Nevada and southern Arizona, in Imperial Valley and Baja California. Some traces were
    found on the Mexican mainland.

    “Apparently these people just wandered about without any organization,” Rogers said. “As they traveled, little bands would split off and go different ways. About 1800 B.C. some of them crossed over the route that is now U.S. 80 to San Diego and then turned north into the Escondido and Santa Margarita regions. “

    Of all the country covered by the San Dieguitos, none is so rich in artifacts
    as San Diego County, Rogers said. “From the time they got here about 1800 B.C., San Diego County has been one of the most popular counties in the whole West. It has also been an area in which people seemed to take life easy and not worry too much about clothes,” Rogers said.
    In addition to stone tools, Rogers said he found remains of the San Dieguito’s sleeping circles. “They were even more primitive than the Patagonians,” he said.
    “All over the country we found these rough circles, made of stone on top of mesas. They were from five to 12 feet in diameter. “Apparently they wore no clothes. They only way they had to keep warm at night was to get into these circles and lie like sardines in a can. There is no evidence of their putting any kind of a roof over the circles.”
    With one or two exceptions, they left no hearth sites and no graves. Rogers said they evidently cooked their only food, meat, spitted on green sticks over an open fire. Or they ate it raw. When one of them died, the others left his body to the vultures and the elements.

    Rogers said he made these assumptions on their diet and burial customs because no metates (grinding bowls for seeds and acorns) or graves have been found, although these things were usually left behind by most primitive people. On the other hand, he said, they did leave amulets, little figures of animals apparently used to bring good luck in hunting.
    The San Dieguitos, although they lived near the sea, did not eat fish or other sea food until near the end of their stay in this area. “A few shells were found at their latest sites in San Diego County,” Rogers said.

    Many of Rogers conclusions about the San Dieguitos were only arrived at after many years of searching, comparing and deducing. Each of his conclusions about the time of the San Dieguitos, their racial characteristics and their customs represent years of piecing together bits of information.

    How did he arrive at the time of their migration into California? Why does he think they were like the Australian blacks? What about their lacking the institution of marriage? For that matter, how could he distinguish their stone tools from all of the other bits left by nature and other Indians?

    The first clue, of course, came from the tools. By practicing making stone tools himself, Rogers learned to tell the difference between a man-made break and one made by natural processes. He knew the San Dieguito tools were older.

    The varying crudeness of the tools was perplexing. Sometime he would find tools of varying quality in one place. Were these the work of different artisans of the same time or of different times?

    The parts of this puzzle fell into place when in 1928 Rogers found a midden (prehistoric rubbish heap littered with tools of an advanced technology for the San Dieguitos.
    In addition to tools, the midden contained finely-made stone amulets in the shape of animals. This was plainly the final period of San Dieguito culture in San Diego County. He found this midden in the San Dieguito River bottom below Hodges Dam in 1928. The midden had been exposed in the 1926 flood when a capping of conglomerate was torn away.

    “This discovery gave me a yardstick for comparing other San Dieguito tools,” he said. “It also told me something about the climate.”
    With this start, Rogers divided the San Dieguito culture into three phases.
    In the earliest phase, the people simply used large flakes of stone knocked off rock ledges. They served as scrapers, and hand choppers. In the second phase, the flakes had been trimmed by further compression flaking in which small bits of stone are struck off the main flake to make it sharper. In this phase the San Dieguitos also made crude blades for thrust spears but they had made no projectile points. The projectile points appeared in the third phase after the San Dieguitos had learned the art of pressure flaking.
    This is a method of pushing and twisting small flakes of rock off the larger flake with the use of a bone or antler awl. This is the method by which fine arrow points were made by many Indian tribes.

    “I do not think the San Dieguitos had bows and arrows,” Rogers said. “It is more likely that they used darts propelled by a throwing stick call the atlatl.”

    His reason for this belief came from later finds that gave more hints as to the San Dieguitos’ history. One of these discoveries was the one which indicated that the San Dieguitos were blackfellow types. Rogers found it in a report of an early Spanish priest who reported on a people called Pericus in Baja California below Loreto. This people was still living when the padres arrived but succumbed later to white men’s diseases.
    The priest who wrote about them compiled a list of 30 root words from their language. The words have no relation to those of any other American Indian tribe. They contain no word for husband or wife, leading to the assumption that the marriage institution had not been used by them.

    Rogers said the Pericus characteristics were enough like the known facts about the San Dieguitos and unlike all other primitive Americans to suppose they were the last remnant of the first San Diegans. They slept in circles. They were wanderers. Their only receptacles were turtle shells and crude baskets made from palm bark. Their weapons were spears or darts propelled by throwing sticks.

    “This, of course, is something of a guess,” Rogers said, “but it seems reasonable to suppose that the Pericus were the last remnant of the San Dieguitos who once populated San Diego County.

    The absence of skeletons identified with San Dieguito times has hampered the racial identification of these early people, but Rogers found skulls of Australoid types in the burials of the early La Jollan people who apparently crowded the San Dieguitos out of San Diego County.

    “The later La Jollan burials do not show these types,” he said “but the earlier ones do. This leads me to think there might have been considerable miscegenation between the two peoples before the San Dieguitos moved on.”

    “Wherever we found relics of these people, before they reached San Diego County,” Rogers said, “they were on high ground, mesas, but they were never in the mountains.
    “We know that about 10,000 years ago, there was a Pluvial period in this country when it was very wet. Then there was a long drought. After that, about 4,000 years ago, it became relatively wet again. This is called the Little Pluvial period.
    “So you have to suppose the San Dieguitos either came 10,000 or 4,000 years ago. If you take the earlier figure, you have to account for a lot of time.
    “Consequently, I think that we have to conclude the San Dieguitos came into California in about 2,000 B.C. Most other archaeologists, though, have preferred the earlier date. Now some of them are starting to agree with me. Rogers places the end of the San Dieguito occupation here at about 800 B.C. The San Dieguito river bed indicated that this was a very dry period. The San Dieguitos were then using a river bottom as a tool factory, something that would have been impossible even in the last 10 years.

    So, apparently, the San Dieguitos stayed until the end of the Little Pluvial period and into the long drought that is known to have followed it. In the meantime the La Jolla people who lived on fish and shellfish, and, hence were better adapted to a dry period than were the hunting San Dieguitos, had moved into the county.

    From the San Diego Union 1958

    Australoid Remains of the Pericu-Discovered by Malcolm J. Rogers (& others)
    Maintained By The United States Department of the Interior
    (Quietly Claimed by the Kumeyaay Indians Under NAGPRA Protocols)

    -Status of “Blackfellows” Aboriginal Remains Discovered By Rogers and Others-
    Ethnic Aboriginal Remains were recovered from the; (1952) undisclosed location in San Diego County; (1972) Borrego Desert Area, San Diego County, Ca.; (1974) Jacumba, San Diego County,Ca.; (1930s) site C-14, East Blake Sea, eastern Imperial County, Ca.; (1930s) site C-19, East Black Sea, eastern; site C-104, Blake Sea, west-central Imperial County, Ca.; (7 individuals) site C-144, a general area at Mason Valley, San Diego County, Ca.; (11 individuals)-site C-144 Cemetery A, at Mason Valley, San Diego County, Ca.; and (3 individuals)-site C-144 Cemetery C at Mason Valley, San Diego County, Ca.
    (1963) (8 Individuals)-site C-144 (1963-27), Mason Valley, San Diego County, Ca.
    (1930s)-(10 Individuals)-site C-165, Vallecitos, San Diego County, Ca.;
    (1929-1968)-site C-651, Earthquake Valley, San Diego, County, Cal.
    (1930s)-(two Individuals)-unspecified site in the area of “W” sites, San Diego County, Ca.
    (1930s)-(Three Individuals)-site W-205, Cottonwood Valley, San Diego County, Ca.
    (1930s)-(Two Individuals) site-W-206, Santa Maria Valley, San Diego County, Ca.
    (1930-site W-245, Dulzura, San Diego County, Ca.
    (1930s)-(Two Individuals)-site W-254, West Laguna Mountains, San Diego County, Ca.
    (1930s)-(Two Individuals)-site W-254, Cemetery A, Laguna Mountain, San Diego County, Ca.
    (1930s)-(Two Individuals)-site W-254, Cemetery B, Laguna Mountain, San Diego County, Ca.
    (1930s)-(One Individual)-site W-277, Horsethief Canyon, San Diego County, Ca.
    (1930s)-(Two Individuals)-site W-278 at the headwaters of Hatfield Creek, San Diego County, Ca.
    (1950-1951)-(One Individual)-site W-316, Soledad Valley, San Diego County, Ca.
    (1971)-(One Individual)-site W-448, Un Gallo Flat, San Diego County, Ca. This individual was positively identified by Kumeyaay peoples based upon material, types of projectile points and types of shell beads, these human remains have been identified as Native American from the late prehistoric period, c.750 A.D. to the 19th Century. Continuities of material culture and technologies provide a clear continuum for native cultures in this area from this late precontact period into the time of European contact. Historic Documents from the Spanish expeditions document Diegueno and Kumeyaay peoples through this area. Consultation information provided by the Kumeyaay Cultural Repatriation Committee supports the recognition of this area of San Diego County as an ancestral homeland.. Based on the above mentioned information, officials of the San Diego Museum of Man have determined that, pursuant to 43 CFR 10.2 (d)(1), the human remains listed above represent the physical remains of 68 individuals of Native American ancestry. Officials of the San Diego Museum of Man have also determined that, pursuant to 43 CFR 10.2 (d)(2), the 6,415 objects listed above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of death or later as part of the death rite or ceremony

    Sincerely,
    Angela Finley Molette (Tuscaloosa Ohoyo) Black Warrior Woman

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