United States v. Washington
United States v. Washington, often known as the Boldt decision, is a landmark 1974 court case that addressed the fishing rights of Native American tribes in Washington State. The case arose from treaties signed between 1854 and 1855, where various tribes ceded vast tracts of land while retaining the rights to fish in their traditional areas. Tensions escalated in the 1960s when some tribes engaged in "fish-ins" to assert their treaty rights amidst state regulations seeking to limit Native American fishing. In response to these regulatory challenges, thirteen tribes filed a lawsuit against the state of Washington in federal court.
Federal District Judge George Boldt ruled that the treaties guaranteed the tribes the right to fish in off-reservation areas, emphasizing that these rights were integral to the agreements made with the United States. Additionally, the ruling mandated that both tribal members and non-tribal citizens share the salmon catch and work together to ensure the sustainability of the salmon population. Boldt's decision faced significant backlash from state officials and local sports fishers, highlighting ongoing tensions surrounding Native American rights. The case was appealed to the US Supreme Court, which largely upheld Boldt's ruling in 1979, reinforcing the importance of treaty rights in the context of Native American sovereignty and resource management.
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United States v. Washington
The 1974 court case United States v. Washington is commonly referred to as the Boldt decision after the judge who decided it in federal district court. In a series of treaties negotiated between 1854 and 1855, various Washington and Oregon Indian tribes ceded nearly sixty-four million acres of land but retained the right to continue to fish in accustomed areas. The states of Washington and Oregon eventually sought to regulate Native American fishing rights in off-reservation areas. In response, some Indian people staged fish-ins in the 1960s to assert their treaty rights. Finally, the state of Washington used its regulatory powers to limit Indian fishing, and in 1970, thirteen tribes sued the state in federal court.
After extensive study, Federal District Judge George Boldt ruled in 1974 that Indians had rights to fish at off-reservation sites because this right had been reserved in the treaties. The court understood the treaties involved a grant from the tribes to the United States, and in return, the tribes obtained rights for its members and heirs. The ruling also stated that United States citizens and tribal people had the right to share equally in the salmon catch, and both were directed by the court to develop plans to protect and replenish the salmon population.
This decision caused widespread opposition among state officials, sports fishers, and others, and Indian people complained of harassment and continued problems with exercising their fishing rights. On appeal from the state of Washington, the US Supreme Court reviewed the case in 1979 and essentially upheld Boldt’s ruling.
Bibliography
Crowley, Walt, and David Wilma. "Federal Judge George Boldt Issues Historic Ruling Affirming Native American Treaty Fishing Rights on February 12, 1974." HistoryLink.org. History Link, 23 Feb. 2003. Web. 23 Apr. 2015.
Fixico, Donald Lee. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty. Santa Barbara: ABC-CLIO, 2008. Print.
Harmon, Alexandra. The Power of Promises: Rethinking Indian Treaties in the Pacific Northwest. Seattle: Ctr. for the Study of the Pacific Northwest, 2008. Print.
Knutson, Peter. "The Unintended Consequences of the Boldt Decision." Cultural Survival 11.2 (1987): n.p. Cultural Survival. Web. 23 Apr. 2015.
"United States v. Washington (1979)." Justice.gov. US Dept. of Justice, May 2011. Web. 23 Apr. 2015.