Video: Protestors stand their ground in battle over Indian mound

Oxford, Ala. - The battle over a Native American Indian mound in Oxford has garnered national - even international attention. 

The city is tearing down the historic site to help build a new retail development. The dirt work at the mound has created a huge backlash from Native American groups.

It’s the largest stone mound ever created by Native Americans.  A recent study found Indian artifacts at the site. Archaeologists estimate it was built 1,500 years ago. 

The property was transferred from the city to Oxford’s Commercial Development Authority about six months ago. 

As you drive along Interstate 20 through Oxford, you can see the Indian mound.  Missing most of its trees, the hill has been cleared down to the red clay since workers started carrying truck loads of soil off the mound to use as fill dirt on a retail construction site at nearby Oxford Exchange.

Sharon Jackson, a Creek Tribal Elder is upset about the construction, “It just absolutely makes me sick, I have a really hard time even coming down here and looking at it.”

Amber Davis is like many other Native Americans in the state who say they have a spiritual connection to the mound.  “I feel like I’m at home up there and I don’t want anyone to disturb that.”

But there may be nothing tribal elders or anyone else can do about it. 

So far this group has organized protests, submitted a petition and their efforts haven’t stopped there.

Jackson explained, “We’ve written letters, we’ve called we’ve emailed, we’ve faxed. Nothing, nothing seems to phase them.”

Jackson is talking about the mayor and city council.  Oxford Mayor Leon Smith refused to talk to us about this issue, but we talked with city council member June Land Reaves.  She says she’s against the destruction of the mound.  “It’s been a little bit embarrassing to me. I regret that it’s happened.  I personally feel like we should treasure and preserve our history our heritage.“

Reaves says she voted against transferring the land to the Commercial Development Authority, mostly because they can award no-bid contracts.  Reaves says she’s not comfortable with city tax dollars being used in that way.  But she says she was not aware anyone would be disturbing the mound. “I thought it was protected and that kind of thing would not happen, but that’s not the case.“

The Alabama Historical Commission in Montgomery has gotten involved, and looked into a University of Alabama study at the site.  While the commission has no enforcement authority, state archaeologists say they’ve made their opinion clear to city officials.

Stacye Hathorn, a state archaeologist, said, “We’ve made our recommendations.  We think it’s worthy of being preserved.”

According to the commission, the mound meets two different criteria to be listed on the National Register of Historic Places.

Native American artifacts from the Woodland Period some 1,500 years ago were found at the mound.

Hathorn explained, “There was a little bit of pottery found there and deboutage where someone had made a projectile point or arrowhead or knife.“

The Native American elders say they are desperate to protect this piece of land. They say their next step if this work continues is to actually put protestors on the mound to physically prevent the trucks from getting back up there and doing anymore damage.

Navajo Tribal Elder Tony Castaneda said, “It is part of our heritage.  It would be no different than excavating a cemetery anywhere else.”

Mark Davis, Cherokee Tribal Elder said, “It’s a matter of history, there’s not much of that around anymore and what is there is unclaimed and everything is being destroyed for what they call progress.“

Hathorn said, “These types of structures are considered sacred structures that, to me, is translated into churches in my culture.“

So who is to blame for the destruction of this piece of Alabama and American history? 

June Land Reaves points to one group, “The Commercial Development Authority is in charge of the land.  But they ultimately work for the city, and they’re ultimately under the leadership of the mayor.“

The C.D.A. is a public board.  Members are appointed by the city council.  But tribal leaders blame Oxford’s mayor. 

A press release from Mayor Leon Smith dated July 27, 2009, states the city “will maintain a cultural resource representative on the site during the course of development activites.”  But calls by NBC13HD to his office to identify that representative were not returned.

Native Americans would like to see all work stopped.  And while experts say damage done to the site from an archaeological perspective can never be undone, those with ties to the mound want to repair the mound in spiritual sense.

Mark Davis said, “I know it wouldn’t be the same but to try and re-erect the stones the way they were up there, but my grandchildren won’t be able to know what’s up there, it’s a part of their history.”

Tony Castaneda is adamant, saying, “Stay off that mound, that mound is sacred.”

There is a federal law that would prevent the mound from being destroyed if it were federally owned land.  However, since the land is owned by the C.D.A., there doesn’t appear to be anything legally that can be done to stop the destruction.