American Indian History on Trial

Historical Expertise in Tribal Litigation

By E. Richard Hart

Drawing from forty-five years of experience, E. Richard Hart elucidates the use of history as expert testimony in American Indian tribal litigation. Such lawsuits deal with aboriginal territory; hunting, fishing, and plant gathering rights; reservation boundaries; water rights; federal recognition; and other questions that have a historical basis. The methodology necessary to assemble successful expert testimony for tribes is complex and demanding and the legal cases have serious implications for many thousands of people, perhaps for generations.

Hart, a historian who has testified in cases that have resulted in roughly a billion dollars in judgments, uses specific cases to explain at length what kind of historical research and documentation is necessary for tribes seeking to protect and claim their rights under United States law. He demonstrates the legal questions that Native Americans face by exploring the cultural history and legal struggles of six Indian nations. He recounts how these were addressed by expert testimony grounded in thorough historical understanding, research, and argumentation. The case studies focus on the Wenatchi, Coeur d’Alene, Hualapai, Amah Mutsun, Klamath, and Zuni peoples but address issues relevant to many American tribes.

E. Richard Hart provides historical, ethnohistorical, and environmental historical services and expert testimony for North American tribes. The former executive director of the Institute of the North American West, he has organized a number of influential conferences, authored or edited ten books, and published numerous articles and essays.

Table of Contents:

List of Figures
Acknowledgments
Introduction: Indian History in the Courts

Part I: Coeur d’alene
1. Coeur d’Alene: Introduction
2. Ownership of Coeur d’Alene Lake: Tribal Sovereignty and the Equal Footing Doctrine
3. The Dawes Act and the Permanency of Executive-Order Reservations
4. Coeur d’Alene: Postscript

Part II: Wenatchi
5. Wenatchi: Introduction
6. The History of the Wenatchi Fishing Reservation
7. Wenatchi: Postscript

Part III: Amah Mutsun
8. Amah Mutsun: Introduction
9. Federal Recognition of Native American Tribes: The Case of California’s Amah Mutsun of Mission San Juan Bautista
10. Amah Mutsun: Postscript

Part IV: Hualapai
11. Hualapai: Introduction
12. The Western Boundary of the Hualapai Indian Reservation
13. Hualapai: Postscript

Part V: Water History and Native American Water Basin Adjudication
14. Water History and Native Americans
15. The Adjudication of Three Tribes’ Water Rights

Afterword: Outcomes for Tribes and Expert Witnesses
Notes
Bibliography
Index

Praise and Reviews:

“A truly remarkable addition to the field of literature regarding the first inhabitants. It could very well be a path-breaking book for the field of expert witness training.”
—Sandra K. Mathews, author of American Indians of the Early West

“A significant contribution. The author provides insights that are perceptive and thought provoking for both academics and legal personnel. This is the kind of valuable information that can only be gleaned from years of experience.”
—R. David Edmunds, author of The Fox Wars: The Mesquakie Challenge to New France

“A great read for lawyers and those interested in legal proceedings. Hart’s description of his adventures as an expert witness demonstrates a deep understanding of how experts assist courts and administrative agencies to understand and contextualize complicated historical facts and how to place them into an appropriate legal matrix. His account is very enlightening and useful.”
—Michael Homer, managing partner at the law firm of Suitter Axland, and author of Joseph’s Temples

“Hart, a public historian whose past writings focus on the Zunis, has written an excellent memoir of his involvement as an expert witness for American Indian nations in the West over the past four decades. His book also carefully explains the roles and the pitfalls of serving in this capacity…. Highly Recommended.”
—CHOICE

“Compelling and clearly presented…. Anyone considering work as an expert witness should read this book.”
—Native and Indigenous Studies Association

“Hart masterfully demonstrates the importance of ethnohistorical evidence, analysis, and testimony for tribes seeking legal remedies for an array of historic and ongoing injustices.… A significant contribution to the growing canon of Native American history—a book that will not only appeal to legal scholars and students of Indian History, but also to historians considering nonacademic career options.”
—Utah Historical Quarterly