Here are my three picks for the best in summer reading:
1. Walter Echo-Hawk’s In the Courts of the Conquerors: The Ten Worst Indian Law Cases Ever Decided.
2. Roberta Ulrich’s American Indian Nations from Termination to Restoration, 1953-2006.
3. Alison Owings’ Indian Voices: Listening to Native Americans.
Echo-Hawk’s
book ought to retire the entire debate about judicial activism. It has
become a conservative article of faith that judges should narrowly
follow the law when deciding cases. But Echo-Hawk methodically picks
apart that fiction.
He shows that even sainted justices, such as John Marshall, invented legal theory from dust about the doctrine of discovery in Johnson v. M’Intosh.
“Marshall claimed that the nation had no choice in how it dealt with
the tribes and that the normal rules of international law did not
apply,” Echo-Hawk wrote. “Thus, the normal rules governing the relations
between the conqueror and conquered were simply ‘incapable of
application’ in the United States. It was the Indians’ own fault.”
Marshall
had a financial stake in the case that would not be permitted under
today’s standards. And, Echo-Hawk points out, this was the same justice
who at the end of his career became famous for Worcester v. Georgia, where he supported the sovereignty of the Cherokee Nation against the state.
The
dark history that Echo-Hawk chronicles takes on another form in Roberta
Ulrich’s book about termination, the ending of the federal government’s
recognition of tribes. She does a good job of capturing the sheer force
of personality of Sen. Arthur Watkins. The Utah Republican championed
termination and would not listen to any alternative.
In his
“typical fashion” Watkins would let a Senate hearing witness speak for a
few minutes and then badger the witness. He frequently interrupted,
pestering repeatedly until the senator heard the answer he wanted, which
was that “Indians should take the lead and stand on their own two feet
and become full-fledged American citizens.”
The Watkins and
termination story is important today because the seeds of that disaster
are sprouting again in public policy. (Kentucky Sen. Rand Paul recently
proposed that the federal government end its recognition of the tribes.)
The post-war environment, like today, was shaped by the idea that the
U.S. government could no longer afford social programs for American
Indians.
The third book, Alison Owings’ Indian Voices, is
an antidote to these sober (but critical) histories. She listens to
native people today, and reflects their stories back, revealing current
challenges and hopes. I have to add, many of my friends are profiled in
this book, people I consider amazing and wise.
One of those remarkable people portrayed in Indian Voices
is Emma George. She’s Lemhi Shoshone, the Shoshone band that first
encountered the explorers Lewis and Clark. The Lemhi reserved a small
reservation on the Lemhi River through a treaty signed in 1875, but that
document was never ratified, and after the turn of the century her
people lost their land and began their long sad walk to Fort Hall. Yet
for George and many other families from the Lemhi band home will always
be back in Salmon River country.
“There’s things you go through
in life and they’re hard, but other people have harder lives,” Emma
George says in the book. “It makes you humble and grateful to be blessed
with life, no matter what the situation is. To live another day.”
Indeed,
history’s harsh accounting is not complete without that one idea on the
other side of the ledger. No matter how a court invents law to steal
land; or how Congress extinguishes a tribal government; or, even when a
homeland remains only someplace that may be regained in the future,
there is still the blessing of living another day.
Essays in the Range blog are not written by High Country News. The authors are solely responsible for the content.
Mark Trahant is a writer, speaker and Twitter poet. He is a
member of the Shoshone-Bannock Tribes and lives in Fort Hall, Idaho. Trahant’s
recent book, “The Last Great Battle of the Indian
Wars,” is the story of Sen. Henry Jackson and Forrest Gerard.
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