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Beyond the Reservation is the first in-depth examination of the American Indian presence in local courts during the nineteenth century. Through examination of Washington Territory's district court records for 1853-1889, as well as other archival materials, Brad Asher provides a detailed portrait of Indian-white contact within this region. Overturning the conventional notion that Indians were confined to reservations during the latter half of the nineteenth century, Asher shows that most Indians in Washington Territory never moved to reservations or resided on them only seasonally. As the central mechanism for governing interracial contact outside of reservations, the courts were the primary vehicle for creating and policing racial boundaries. Initially denied legal standing in white courts, Indians at first attempted to resolve disputes with settlers and with other Indians according to their cultural traditions. In the 1870s, when they did gain access to legal institutions, they began using these for their own ends. The legal systems remained far from race blind, however, and few Indians gained satisfaction in American courts. By focusing on contact between Indians and whites, this book challenges the emphasis of most histories on the exclusion and separation of Indians during the settlement period. In addition, by conceiving of law as a mode of governance, it sheds new light on the role of the state in the colonization of the American West.
"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land. Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment-its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence-has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.
The final book in a three-volume history of California's Native peoples, "Bringing Them under Subjection" chronicles the development and demise of the state's first permanent reservation, the Sebastian Military Reserve, better known as the Tej¢n Reservation. George Harwood Phillips explains how local Native peoples were instrumental in the initial success of the reservation and how the institution was undermined by squatters and a Native policy emphasizing caution over innovation. Because the scope of the study encompasses most of the San Joaquin Valley in central California, events related to but unfolding beyond the reservation are also given considerable attention, in particular the founding and functioning of quasi reservations called "Indian farms," the resistance offered by Native peoples in the southern valley, the degradation they underwent in the gold fields, and the survival of their progeny to the present.Drawing upon Native oral testimony and the accounts of state and federal officials, military officers, newspaper reporters, settlers, miners, and ranchers, Phillips provides a detailed and balanced account of a volatile period in California history.George Harwood Phillips is a professor emeritus of history at the University of Colorado. He is the author of several books about California Native peoples, including the first two volumes in this series: Indians and Intruders in Central California, 17691849 and Indians and Indian Agents: The Origins of the Reservation System in California, 18491852 .
Dawson Red Elk is a towering figure amidst the sweeping plains and rugged terrain of the South Dakota Indian Reservation. With a commanding presence and a heart as vast as the endless horizon, Dawson embodies the spirit of the Lakota people--a proud lineage of warriors, stewards of the land, and guardians of tradition.Tall and sinewy, Dawson's frame bears the marks of a life spent in communion with the earth and the elements. His weathered face tells the story of countless days beneath the sun, etched with lines of determination and resilience. Dark eyes, keen and observant, mirror the depths of his soul, reflecting a quiet strength that belies his humble demeanor.From an early age, Dawson was drawn to the rhythm of hoofbeats and the thrill of the open range. Raised on the teachings of his ancestors, he learned the art of horsemanship and the sacred bond between rider and steed. With each stride across the prairie, Dawson felt a kinship with the land and a reverence for the traditions that shaped his identity.As he grew older, Dawson's passion for rodeo ignited like a wildfire, fueled by the adrenaline rush of competition and the desire to honor his heritage on the world stage. With unwavering determination and relentless dedication, he honed his skills in the dusty arenas of local competitions, earning respect and admiration from fellow riders and spectators alike.But Dawson's journey was not without its challenges. Caught between the pull of tradition and the lure of opportunity beyond the reservation, he grappled with questions of identity and belonging. Yet, through every trial and tribulation, Dawson remained anchored to the values instilled in him by his ancestors--courage, integrity, and respect for the land.Today, Dawson Red Elk stands as a beacon of hope and inspiration for his community--a testament to the resilience of the Lakota people and the enduring legacy of the cowboy spirit. With each ride, each victory, he honors the sacrifices of those who came before him, carrying their dreams and aspirations on his broad shoulders as he gallops toward the horizon, a symbol of bravery in the saddle.Embark on a Riveting Odyssey of Courage and Tradition Picture a world where the unyielding spirit of a native cowboy and the rich tapestry of South Dakota's reservation life blend into a story of hope, heart, and heroism. Bravery in the Saddle invites you into an enthralling narrative that captures the essence of the American spirit through the eyes of a South Dakota Indian Reservation native. From the rolling prairies of the reservation to the vibrant thrum of the Pro rodeo circuit, this tale is not just about a cowboy's physical journey to stardom but his inner quest to balance the weight of tradition with the wings of ambition. Delve into the roots that have sustained him, the cultural heritage that defines him, and the passion for rodeo that elevates him. Witness a transformation as our protagonist moves beyond the confines of his early life on the reservation and enters the whirlwind of professional rodeo. Experience the tension and exhilaration of The Call of the Rodeo Circuit, where every fall is as dangerous as it is dramatic, every triumph soaked with sacrifice. Feel his turmoil as he navigates the complexities of Balancing Tradition and Ambition, striving not to lose himself in the glittering allure of success. The heart of the story lies in Triumphs and Trials, a testament to the undying resolve that marks the true cowboy. As our hero becomes a beacon of hope, a Role Model within his community, you'll find yourself rooting for his victories, not just within the arena, but in the battles against prejudice, fear, and self-doubt. Culminating in an impassioned reflection on Legacy and Impact, this book will challenge your perceptions and inspire you to consider the power of identity and the courage it takes to stand in the spotlight and advocate for change. Bravery in the Saddle is more than a cowboy's tale--it is an inspiring saga of a community's pride and the universal quest for self-fulfillment. Join the ride and let the allure of the rodeo stir your soul.
"One of the seven branches of the Lakota, the Oglala were members of the wealthiest and mightiest Native American nations. Led by giants such as Red Cloud and Crazy Horse, these are the people that brought America to the table and signed the Treaty of 1868 and destroyed Custer at the Little Big Horn eight years later. ... Descendants of Wounded Knee is an unvarnished account of life on the Pine Ridge. Told around the 1999 unsolved murder of Wally Black Elk and Ronnie Hard Heart, Descendants tells how the United States has sought the destruction of a people and a way of life that had existed for thousands of years"--Publisher's description.
A combination biography and cultural history chronicles the lives of Navajo Ella Bedonie and her extended family, from Ella's childhood on the Four Corners Reservation to her education and marriage.