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University of Washington's Native American Law Center Leads Nisqually Chief Trial – An Overview

published April 10, 2023

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( 10 votes, average: 4 out of 5)
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Summary

The University of Washington's Native American Law Center has been involved in the trial of Nisqually Chief Leschi. Chief Leschi was accused of murdering two American soldiers during the war of 1855-56. The trial is significant because it was the first time a Nisqually Chief had been tried in a court of law.

The purpose of the trial was to restore the rights of the Nisqually Tribe and to ensure that their rights to the land given to them by the treaty of 1855-56 were recognized. The trial was a lengthy one, taking more than seven months before the final verdict was reached in June of 1857.

The Native American Law Center was instrumental in providing legal representation and resources to the Nisqually defense team. The Center raised funds for legal expertise and provided advice on the best course of action for the defense. It also worked with the Nisqually Tribe to ensure its rights were protected throughout the trial.

The outcome of the trial was ultimately favorable for the Nisqually Tribe. Chief Leschi was found innocent of both charges of murder and was able to return to his tribe. This verdict was also a victory for the Nisqually Tribe, as it restored a portion of their land and rights that had been taken away under the treaty of 1855-56.

The trial of Nisqually Chief Leschi was the first of its kind in the state of Washington and was a major victory for the Nisqually Tribe. The University of Washington's Native American Law Center played an integral role in providing legal assistance to Chief Leschi and in ensuring that the rights of the Nisqually Tribe were protected throughout the trial. The outcome of the trial was ultimately favorable for the Nisqually Tribe, as it restored a portion of their land and rights which had been taken away under the treaty of 1855-56. The trial of Nisqually Chief Leschi was an important step in the history of the Nisqually Tribe and the struggle for Native American rights in the United States.
 

Nisqually Chief and University of Washington's Native American Law Center

The University of Washington's Native American Law Center has recently been involved in a trial involving a Nisqually Chief and a local court. The trial deals with the Nisqually Tribe's right to the river ways and fishing rights. The Nisqually Tribe has been fighting for the right to access the river ways, construct fishwheels, and fish in their traditional fishing grounds for years. In an effort to protect their rights, the Nisqually Tribe sought the assistance of the Native American Law Center in order to bring their case to the court.

Located in Seattle, Washington, the University of Washington's Native American Law Center specializes in addressing issues of sovereignty, natural resource management and tribal law. The Center has a long history of providing legal assistance to Native American tribes throughout the country. For over 40 years, the Center has been working to ensure that Native American tribes are able to exercise their rights to self-determination, land and resource management, and access to the river ways.

Established in 1974, the Native American Law Center was developed to support the development of tribal law, to support the enforcement of tribal law, and to serve as a means for providing legal assistance to Native American Tribes and their members. The Center has made great strides in helping to protect the rights of Native American tribes to access and manage their resources, as well as to exercise their rights to self-determination.

The trial involving the Nisqually Tribe is an example of the work that the Native American Law Center does. The trial could set a precedent for other tribes in the region and help to protect the rights of tribes to access their traditional lands and fish their traditional fishing grounds. The Center is proud to be a part of this important trial and is hopeful that the outcome will be beneficial for the Nisqually Tribe and other tribes in the region.

The University of Washington's Native American Law Center has a long history of providing legal assistance to Native American Tribes in an effort to protect their traditional rights to access the river ways, construct fishwheels, and fish in their traditional fishing grounds. The trial involving the Nisqually Tribe is a prime example of their dedication to preserving these rights and setting a precedent for other tribes in the region. The Center is proud to be involved in this trial and is hopeful that the outcome will be beneficial for the Nisqually Tribe and the other tribes in the region.

Almost 150 years ago, Chief Leschi of the Nisqually Tribe was accused of murdering A.B. Moses, a member of the Washington Territorial Militia. Chief Leschi was tried, found guilty, and executed in 1858. A "Historical Court of Inquiry and Justice" ruled December 10 that the original trial should never have happened.

The 19th-Century civilian court did not have jurisdiction in the case, ruled the modern panel, which was headed by Chief Justice Gerry Alexander of the Washington State Supreme Court.

Because there was a war between the United States and the Nisqually when Moses died, if Chief Leschi killed Moses, it was an act of war, not murder. In addition, given there was testimony at the original trial that Chief Leschi was far away from the scene of the killing, there is even a possibility that Chief Leschi never killed Moses in the first place.

The people of the Nisqually Tribe were "front and center on this, not lawyers," says Robert Anderson, Director of the Native American Law Center at the University of Washington and one of the lawyers working on the case with the tribe. Still, University of Washington law students did pull together some legal research that assisted the tribe. One federal resolution and one Washington State Supreme Court case found by the students were used in Chief Leschi's defense.

The resolution brought forward is the 1993 Native Hawaiian Apology Resolution, in which the United States Congress apologized to native Hawaiians on behalf of the federal government for the overthrow of the Hawaiian queen and native government. Advocates used this resolution as part of the justification for establishing a historical court.

The Washington State Supreme Court case used on behalf of the Nisqually cause was that of Takuji Yamashita, a law student at the University of Washington from 1899 to 1901 and a member of the law school's first graduating class.

Upon graduation, Yamashita was refused admission to the bar. He challenged his exclusion in 1902, and Washington's Supreme Court ruled that Asians could not become citizens and that only citizens could practice law in the United States. Yamashita never became a lawyer.

Yamashita's descendants from Japan, the Asian Bar Association of Washington, and the University of Washington petitioned the State Supreme Court, which has authority over bar admission, to posthumously admit Yamashita. The Supreme Court admitted him as an honorary member on March 1, 2001.

This case was used to show the precedent and justification of the state undoing past injustice, even when the wronged party is deceased and the remedy is symbolic.

The law students working on the case are affiliated with the school's Native American Law Center, which offers both academic and practical contributions to the field of Indian law.

On a practical level, the center's faculty and students work on cases involving tribal issues, such as the Chief Leschi exoneration effort, and also train tribal members to advocate for others in tribal courts and assist state and federal governments as mediators in Indian legal issues and as advisors.

For example, Anderson and Professor Ron Whitener, Co-Director of the center, will work together to help the Makah Nation develop its own bar exam. They will also work with the Squaxin Island Tribe to look at the tribe's criminal system, suggest changes, and help train staff there, says Whitener.

University of Washington law students help in all areas of the center's work, says Anderson, coming with him to meetings, doing research, and doing "all the things you do as a lawyer," he says.

In the recent Chief Leschi historical trial, the court's ruling had no financial impact or effect on land use or inheritance. The effort went forward "to remove this stain from his reputation," says Anderson. Chief Leschi "is regarded as a hero," says Anderson, and not only by the Nisqually people.

In Seattle, there is a neighborhood and an elementary school named after Chief Leschi. There is even a United States government building named after Chief Leschi on the Fort Lewis military base in Washington. To have the murder conviction standing "was intolerable," says Anderson.

The Historical Court was convened after the State Supreme Court ruled it could not retry the case. Because the defendant is dead, he has no standing to pursue the case, and the original conviction is moot. The trial served to exonerate Chief Leschi for the historical record if not the legal one.

published April 10, 2023

( 10 votes, average: 4 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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