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efore ei<strong>the</strong>r. He stands today between <strong>the</strong> two extremes <strong>of</strong> black and white,<br />
too proud to claim fraternity with ei<strong>the</strong>r, and yet too weak to withstand <strong>the</strong><br />
power <strong>of</strong> ei<strong>the</strong>r.” While he did not suggest that <strong>Indigenous</strong> people would<br />
disappear, he did argue for <strong>the</strong> permanence <strong>of</strong> European settlement and<br />
Black belonging, and admitted that “nei<strong>the</strong>r <strong>the</strong> Indian has been treated as a<br />
part <strong>of</strong> <strong>the</strong> body politic.” 65<br />
Douglass was able to not only witness but also participate in<br />
Reconstruction. He saw Black American men gain citizenship. But he also<br />
saw fur<strong>the</strong>r possibility. He believed in <strong>the</strong> prospects <strong>of</strong> US democracy, and<br />
rightfully so, though many <strong>of</strong> <strong>the</strong> things that Black Americans gained<br />
during Reconstruction were retracted with <strong>the</strong> passing <strong>of</strong> <strong>the</strong> Plessy v.<br />
Ferguson decision <strong>of</strong> 1896, which ushered in Jim Crow segregation. W. E.<br />
B. Du Bois put it best: Reconstruction “was in a certain sense all a failure,<br />
but a splendid failure.” 66<br />
While African Americans gained <strong>the</strong>ir freedom through a civil war, and<br />
Black men later gained citizenship, <strong>the</strong>re continued to be a retreat on<br />
<strong>Indigenous</strong> rights as <strong>the</strong> <strong>United</strong> <strong>States</strong> continued to expand. For instance,<br />
during <strong>the</strong> Civil War, when Black people were fighting for <strong>the</strong>ir freedom,<br />
<strong>the</strong> <strong>United</strong> <strong>States</strong> participated in wars out west and seized more land. It also<br />
fur<strong>the</strong>r dispossessed <strong>Indigenous</strong> peoples <strong>of</strong> <strong>the</strong>ir rights guaranteed under<br />
treaties, including perhaps <strong>the</strong> most important one, signed in 1871. That<br />
year, <strong>the</strong> <strong>United</strong> <strong>States</strong> formally ended <strong>the</strong>ir treaty-making relationship with<br />
<strong>Indigenous</strong> nations. <strong>An</strong>d in 1887, with <strong>the</strong> passing <strong>of</strong> <strong>the</strong> Dawes Act,<br />
<strong>Indigenous</strong> people were fur<strong>the</strong>r dispossessed <strong>of</strong> <strong>the</strong>ir ability to control land,<br />
ultimately altering how <strong>the</strong>y could use, manage, even sell <strong>the</strong>ir land. While<br />
Native people continued to resist, <strong>the</strong>y also used a variety <strong>of</strong> legal tactics to<br />
lobby white sympathizers and politicians to <strong>the</strong> best <strong>of</strong> <strong>the</strong>ir abilities, such<br />
as those employed by Ely Parker (Seneca). 67 Appointed by President<br />
Ulysses Grant, Parker served as commissioner <strong>of</strong> <strong>the</strong> Office <strong>of</strong> Indian<br />
Affairs from 1869 to 1871. Grant advocated for a “peace policy” with<br />
tribes, a plan designed to remove corrupt agents from reservations and<br />
reform <strong>the</strong> Bureau <strong>of</strong> Indian Affairs. The peace policy, however, resulted in<br />
<strong>the</strong> US government fur<strong>the</strong>r dispossessing Native people <strong>of</strong> <strong>the</strong>ir land. Still,<br />
people like Parker served an essential role in attempting to provide some<br />
resources to tribes and helping <strong>the</strong>m maintain land titles. 68<br />
After <strong>the</strong> passing <strong>of</strong> <strong>the</strong> Dawes Act, and <strong>the</strong> murders <strong>of</strong> Native people at<br />
Wounded Knee in December 1890, Native peoples’ methods <strong>of</strong> resistance