This is the second full commentary on “The New Trail of Tears” (TNToT), written by Naomi Schaefer Riley (NSR or the author). The first commentary, “Framed by a Friend,” is here. The announcement post is here.

Chapter 1 is a story about modern tribal economies, using the Crow Nation and the Northern Cheyenne Tribe as examples of failed tribes. But it also a story of the history of American Indian law and policy from the allotment era to the reorganization era, loosely the mid-19th century to 1934 or so. Students of American Indian history will see a lot of familiarity to the recitations of history in TNToT, but don’t be fooled: the conclusions drawn by NSR are geared toward the termination of the federal-tribal trust relationship and the confiscation and dispersal of tribal and Indian property rights.

 

TNToT’s Attack on the Crow Nation

TNToT’s description of the Apsaalooke Nation (and Northern Cheyenne, too) is truly unpleasant reading. In TNToT, the Crow Reservation is full of broken down cars and trucks, broken windows, children’s toys, lawn chairs, trash, and stray dogs. [at 6] The Indians there have a “dark sense of humor”; “They’ve seen it all before, and they don’t expect anything to get better.” [at 7] There’s “too little law enforcement.” [at 7]

TNToT alleges that the Crow Nation government is corrupt and/or incompetent. This is a frequent allegation by NSR about all tribal governments, usually comes from a disgruntled tribal or community member, and usually supported by no facts whatsoever. Here, NSR quotes a tribal leader as saying that the Crow Nation owes $3 million to HUD, and cannot construct new housing until HUD is repaid. This sounds weird. The tribe and HUD are in a protracted legal battle. Is that dispute the source of the statement? We sure don’t know from reading TNToT. All we get from NSR is implied corruption or incompetence. BTW, in FY 2016, HUD allocated $2.7 million to the tribe.

TNToT’s Attack on the Northern Cheyenne Tribe

NSR’s main source on the Crow and Northern Cheyenne reservations is Ivan Small, the director of the St. Labre Indian School (though NSR doesn’t reveal that tidbit until chapter 4, when she praises Mr. Small and the school without referencing the controversial $11 million payment the school made to the Northern Cheyenne Tribe after being sued for “exploitation“). Small is quoted as criticizing Crow reservation residents as not respecting the maxim, “A man’s home is his castle.” [at 6]  He’s the first of several Indian people in the book NSR quotes as being angry at other Indians for a wide variety of character flaws. These informants usually are accusing Indians of flaws based on their status as Indian people — in other words, on their race. NSR brilliantly (and cynically) only quotes Indians to make these race-based commentaries about Indians; to quote non-Indians for the same propositions would be to quote racists. These Indians are usually described as slowly shaking their heads or muttering in frustration throughout TNToT (they must have very sore necks). Small is angry, but “mostly tired,” [at 6] and “past the point of anger.” [at 7]

NSR notes that there is a small casino there, asserting: “These gamblers are effectively taking money given to them by the tribal government for food or housing and giving it back to the tribe through its slot machines.” [at 6] It is my understanding that small casinos in small markets don’t make much dough. In my experience at Hoopa and at Grand Traverse Band (the Leelanau Sands casino), casinos might remain open to maintain some semblance of a job market at that location. Maybe the tribe makes little or no money from that casino, but it doesn’t lose money, and tribal employees are employed. And that can have important benefits — tribal members can establish an employment record at that casino, for one. Also, NSR’s reference to food or housing money “given” to tribal members is not supported by evidence. This kind of talk is just dog whistle politics.

Again, I’d love to hear more about the Crow and Northern Cheyenne reservations in light of NSR’s characterizations. Comments are welcome, or you can email me.

Continue reading →

The Introduction to “The New Trail of Tears” (TNToT), written by Naomi Schaefer Riley (NSR or the author), frames the book as an attack on the United States’ Indian policies. For NSR, it the federal government’s poor governance in the area of Indian affairs that is behind the poor state of Indian peoples’ lives.

The trap for readers is that TNToT seems like a reform minded book with deep sympathy for Indian people, with the federal government as the bad guy. It’s not. At best, TNToT is paternalism, termination era- and allotment era-style liberalism. NSR characterizes the Indians that live in Indian country as poor, alcoholic, suicidal rapists. Or really, really sad people who are always slowly shaking their heads (classic Vanishing Indian stuff). 

At worst, this is paid propaganda for conservative organizations that tend to support the view that the federal government is a terrible thing. For NSR, Indians are either victims or perpetrators, and need to be saved or punished. Finally, and in my view most importantly, TNToT throughout ignores tribal and Indian property rights, which is ironic given that NSR will frequently refer to property rights as a justification for her conclusions.

Let’s begin with the Introduction.

TNToT Depends on the Myth that All Indian Nations are the Same

TNToT focuses on several specific Indian nations, but there are 567 federally recognized Indian tribes. Not all are the same. And yet on page viii, NSR writes that we have “what amounts to a third world country within our borders.” This might seem like nitpicking, but statements like these lead readers to believe that all Indian nations are the same. Readers likely know very little about any Indian nations. Some are very traditional and isolated. Some are very traditional and urban. Some have resources. Others do not. Each Indian nation has its own history, and each Indian nation has differences. There is no massive glob of federal/tribal land in the middle of the US somewhere that houses all Indian nations.

Throughout TNToT, NSR asserts terrible things about specific Indian tribes, and explicitly or implicitly applies those things to all tribes. Keep reading future posts and you’ll see.

TNToT Assumes that Federal Spending on Indian Affairs Continuously Rises 

TNToT paints a picture of federal Indian affairs policy as something as simple as federal money administered by federal bureaucrats on reservation lands. And that federal money grows and grows and grows. This is just false. TNToT ignores completely reports such as “A Quiet Crisis: Federal Funding and Unmet Needs In Indian Country.” TNToT will often reference Obama era budget requests — budget requests are not budgets.

TNToT draws from anti-government commentaries and asserts there are 9000 BIA/BIE employees, 1 per every 111 Indians living on reservations [at ix]. Of course, that number is down considerably from the years before the beginning of the self-determination era — 16,000 — and has been falling ever since. I found that number in the first edition of Getches et al., Cases and Materials on Federal Indian Law at 125. This omission of fact is either sloppy reporting or selective reporting. Context matters.

Continue reading →

Boozhoo!!

Over the next couple of weeks I’ll be reviewing and commenting on a new book by Naomi Schaefer Riley, “The New Trail of Tears: How Washington is Destroying American Indians.” (link to Peter D’Errico’s review here). DO NOT READ THIS BOOK if you are a supporter of tribal interests and the future of Indian people, unless you’re interested in learning about a game plan to send 21st century Indian people on a new trail of tears. Because, to be blunt, that’s what this book is about.

There are five chapters, plus an introduction and a conclusion. I’ll have a short post on the introduction chapter later today, and will try to follow up on each chapter every other day or so.

This book focuses on a small number of Indian nations around the country — Crow Nation, Northern Cheyenne Tribe, Seneca Nation of Indians, Lumbee Tribe of North Carolina, Oglala Sioux Tribe, and Rosebud Sioux Tribe. The author has found a lot of extremely negative things to say about these tribes in particular, and implicitly is generalizing about all of Indian country when she does. If you’re a tribal member from these communities, or work with or for these communities, I’d love to hear your perspective (either on my commentaries or on the book itself). I know fairly little about these tribes (although I did work for the Seneca Nation appellate court from afar for a few years), and won’t have much to say about the details in the book. Feed me.

Additionally, I call upon anyone interviewed by Ms. Schaefer Riley to comment. I’m absolutely positive at least one of her interview subjects won’t be happy about how they are quoted or characterized. I know from personal experience how journalists can, even in good faith, misquote.

Mino-bimaadziwin.