4.5 

Treaty Justice

By Charles Wilkinson
Treaty Justice by Charles Wilkinson digital book - Fable

Publisher Description

"[D]eftly lays out one of the twentieth century's most significant and underestimated legal decisions."—New York Review of Books

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.

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Treaty Justice Reviews

4.5
“As a Washingtonian this book is an essential read on the treaties created between the territorial governor Isaac Stevens and the Washington tribes nearly 170+ years ago. The way in which the treaties were handled, the abuse of Indians in this state through assimilation, boarding schools, arresting Indian fishermen, etc, are inexcusable and crucial for every Washingtonian to learn about. So this book that goes specifically into the Boldt decision in 1979 is a miracle and a testament to the tribal leaders who fought for their fishing rights and tribal sovereignty. With the Boldt decision today holding up 50 years later, it shows the power of working together from all sides of common interest (sport fishermen, commercial fishermen, conservationists, the tribes) and create a system that protects our salmon, boosting career fishermen, while also protection the tribes traditions and lifeblood. Great educational read and I hope to see more legislation that follows in Boldts footsteps in our future”
“A must read for anyone who: - lives in the Pacific Northwest (particularly Washington), - works in an environmental field (specifically with salmon), - wants to understand treaties and their impact / importance, - loves salmon, or - wants to build a better and more just world. If you don’t understand treaties, you just don’t understand American history.”
“This book was mentioned in the Seattle Times when it came out and has been quickly recognized as the most thorough account of the Boldt Decision. I have been interested in the topic for many years - even though it happened before I was born my dad watched it with interest and would tell me about the effects of it through the years. The book does a great job going through the history of the tribes that were part of the lawsuit - their land, their tribal structure, their relationship with salmon and the Salish Sea. It also gives many details about the treaties and the American government that they signed them with. I learned so many details I didn't know before! With half the book spent on that, the other half looks at how the state broke the promises of the treaties (after commercial fishing and clearcutting decimated the salmon populations). It showed the role of the federal government in advocating for the tribes and how important this was. Reading it with a 2025 lens, when the judiciary system appears to be heading into a crisis (and, at a minimum, heading into a direction that I personally REALLY don't like) reading about a very thoughtful and upstanding judge creating a case and making a ruling so thorough that even the Surpreme Court couldn't overturn it. It of course didn't change things overnight but its power ultimately brought justice to the tribes. How the state of Washington manages fishing now, in partnership with the tribes, is a testament to that. While watching current events with fear and wanting things changed immediately, this book reminds me that for many groups like Native American tribes, justice is a long, long battle with many years where it looked like it would never happen. A hard lesson but an important one. Highly recommend for those who are interested in Native history, Native rights, salmon, fishing, etc. An excellent but that I could easily use for my BIPOC Historical Nonfiction square on my summer book bingo board.”

About Charles Wilkinson

Charles Wilkinson is the Moses Lasky Professor of Law Emeritus at the University of Colorado. His fourteen books on law, history, and society in the American West include the standard law casebooks on Indian Law and Federal Public Land Law; The Eagle Bird: Mapping A New West (Pantheon Books, 1992); Fire on the Plateau: Conquest and Endurance in the American Southwest (Island Press, 1999); Messages from Frank’s Landing: A Story of Salmon, Treaties, and the Indian Way (University of Washington Press, 2000); Blood Struggle: The Rise of Modern Indian Nations (W.W. Norton & Co., 2005); and The People Are Dancing Again: The History of the Siletz Tribe of Western Oregon (University of Washington Press, 2010).

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