COYOTE WARRIOR

A solid case study in an emerging trend: American Indian lawyers’ use of the courts to extract rights and dollars hidden away in long-forgotten treaties.

When William Clark saw the fall run of salmon on the Columbia River, writes freelance journalist VanDevelder, he exclaimed that he could cross from bank to bank on their backs without ever touching water. In 1991, only a single salmon made the journey to an Idaho lake; it was “stuffed, shellacked, and mounted on a pine board and hung in the governor’s office in the Idaho statehouse in Boise.” Its fate aptly describes a subtext of VanDevelder’s narrative, for there was a time when Social Darwinists in the American government hoped that the Indians, dispossessed of their land and stripped of their traditions, would simply fade away. In 1945, that thinking seemed a factor in the US Army Corps of Engineers’ plan to create a vast diversion dam across the Missouri River in North Dakota, one that would flood lands claimed by the Arikara, Hidatsa, and Mandan peoples, who had helped Lewis and Clark during the winter of 1804–5 and regretted it ever since. The dam was built, despite the protestations of Indian delegations to the US Congress, displacing thousands of Indians—including the family of Raymond Cross, who would grow up to attend Yale Law and who would take a vigorous interest in redressing the wrongs visited on his people. So he has done, battling the likes of Justices Rehnquist and Scalia, whom Cross characterizes as “an ideological tag team and throwback to another century.” Despite setbacks, writes VanDevelder, Cross and other Indian attorneys have been hitting hard, reasserting Indian rights and throwing unschooled judges into confusion as “Federal courts are now routinely asked to sort through the myriad of conflicting conditions to divine what tribal leaders understood at the time [a given] treaty was made.”

A sturdy companion to Michael Lieder and Jake Page’s Wild Justice (1997)—highly recommended for readers interested in Native American issues.