University of Washington Press
Treaty Justice
About this book
In 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. Like Brown v. Board of Education, the case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice.
Eminent legal historian and tribal advocate Charles Wilkinson tells the dramatic story of the Boldt Decision against the backdrop of salmon’s central place in the cultures and economies of the Pacific Northwest. In the 1960s, Native people reasserted their fishing rights as delineated in nineteenth-century treaties. In response, state officials worked with non-Indian commercial and sport fishing interests to forcefully—and often violently—oppose Native actions. These “fish wars” spurred twenty tribes and the US government to file suit in federal court. Moved by the testimony of tribal leaders and other experts, Boldt pointedly waited until Lincoln’s birthday to hand down a decision recognizing the tribes’ right to half of the state’s fish. The case’s long aftermath led from the Supreme Court’s affirmation of Boldt’s opinion to collaborative management of the harvest of salmon and other marine resources.
Expert and compelling, Treaty Justice weaves personalities and local detail into the definitive account of one of the twentieth century’s most important civil rights cases.
Author / Editor information
Reviews
"An excellent and important final work for an illustrious career . . . Highly recommended."
---"An even-handed and comprehensive primer on this vexed, core issue in the Northwest."
---"Charles Wilkinson not only aptly provides the larger historical context for what is arguably one of the most important court decisions of the twentieth century regarding rights but, more importantly, also conveys the human element. . . This is a book that can easily be used in a college classroom, demonstrating a case study of how legal decisions are made and why they matter. But it has real-world applications outside of academia for tribal governments, for environmentalists, and for anyone interested in the interplay between culture and treaty rights."
---"Treaty Justice is significant because it helps the reader place Pacific Northwest history prominently within historical discourse around ever-developing American Indian law, westward expansion, and the 'staying power of Native people.'"
---"Exceptionally well-researched and clearly written."
---"In time for the 50th anniversary of the landmark Boldt Decision, Wilkinson unlocks a unique view into the players and actions behind the fight for civil rights for tribes in the Pacific Northwest and the lasting significance of the decision which set a new legal precedent for the relationship between tribes, the federal government, and the states."
---"As a scholar renowned for making complex Indian law and policy accessible through elegant prose, Wilkinson adds to his distinguished body of work . . . A fitting culmination of his career-long engagement with the Pacific Northwest’s 'fish wars.'"
---"Masterfully frames the Boldt Decision's historical context . . . In addition to detailing the case's fascinating intricacies and the massive racist backlash against treaty fishing rights, Wilkinson emphasizes the most important outcome of the Boldt Decision—the establishment of salmon comanagement."
---"Treaty Justice is an accessible narrative that utilizes a broad lens to examine this complicated story. . . . Wilkinson's extensive use of oral history provides an emotive dimension to the account, giving a range of Native activists, young and old, a platform to explain their commitment to the rule of law and the critical role salmon played in their everyday lives and ceremonies."
---"The first comprehensive, book-length account of all that led up to the landmark 1974 case, United States v. Washington, commonly known as "the Boldt Decision." . . . There is probably no author better suited to recount this history than Wilkinson."
---"A deeply sympathetic account of saving wild salmon . . . Readers interested in the history of Indigenous peoples, the Pacific Northwest, and legal battles will enjoy this book."
---"[D]eftly lays out one of the twentieth century's most significant and underestimated legal decisions."
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Frontmatter
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Contents
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Preface
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The twenty tribes of the Boldt case area
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1 Fury on the Puyallup River
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2 The Salmon People
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3 Natives and Europeans Collide
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4 Young Man in a Hurry
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5 Treaty Time
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6 The Long Suppression
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7 The Tribes Come Forward
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8 The Buildup to the Boldt Decision
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9 The Trial
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10 The Boldt Decision
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11 Rebellion
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12 The Supreme Court Acts
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13 Comanagement: Eliminating Overfishing and Preserving Salmon Habitat
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14 The Boldt Decision at Fifty
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Acknowledgments
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Notes
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Index
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About the Author
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