Law at Little Big Horn: Due Process Denied

by Charles E. Wright, Gordon Morris Bakken (Foreword by)

Overview

During the nineteenth century, the rights of American Indians were frequently violated by the president and ignored or denied enforcement by federal courts. However, at times Congress treated the Indians with good faith and honored due process, which prohibits the government from robbing any person of life, liberty, or property without a fair hearing before an impartial judge or jury. These due process requirements protect all Americans and were in effect when President Grant launched the Great Sioux War in 1876—without a formal declaration of war by Congress.
            Charles E. Wright analyzes the legal backdrop to the Great Sioux War, asking the hard questions of how treaties were to be honored and how the US government failed to abide by its sovereign word. Until now, little attention has been focused on how the events leading up to and during the Battle of Little Big Horn violated American law. While other authors have analyzed George Armstrong Custer’s tactics and equipment, Wright is the first to investigate the legal and constitutional issues surrounding the United States’ campaign against the American Indians.
            This is not just another Custer book. Its contents will surprise even the most accomplished Little Big Horn scholar.

Product Details

ISBN-13:	9780896729124
Publisher:	Texas Tech University Press
Publication date:	06/15/2015
Series:	Plains Histories
Edition description:	1
Pages:	352
Product dimensions:	6.30(w) x 9.20(h) x 1.20(d)

About the Author

Born and raised in western Nebraska, Charles E. Wright is a retired lawyer who spent fifty years practicing in Nebraska and Colorado. He has long been associated with Indian rights and has funded scholarships and organized a mentoring program for promising Indian students from recognized tribes to attend law school.

Table of Contents

Illustrations ix

Foreword xiii

Acknowledgments xv

Introduction xxi

Chapter 1 George Armstrong Custer, the Man and His World 3

Chapter 2 Custer and the Seventh Cavalry Regiment 18

Chapter 3 The Indians Who Fought at the Little Big Horn 43

Chapter 4 Laws, Treaties, and the Doctrine of Good Faith 57

Chapter 5 The 1868 Treaty of Fort Laramie and President Grants Conspiracy 73

Chapter 6 The Great Sioux War Is Launched 90

Chapter 7 June 21, 1876-The Setting 98

Chapter 8 June 22-Terry's Plan-Custer Moves Out 109

Chapter 9 Lack of Intelligence and Inadequate Planning 117

Chapter 10 June 25-Custer Deploys for Battle 122

Chapter 11 The Little Big Horn Battlefield 150

Chapter 12 Custer's Final Battle: The Evidence and Battle Tactics 158

Chapter 13 Aftermath of Battle 181

Chapter 14 Standards for Evaluation of Custer 186

Chapter 15 Factors Affecting Custer's Performance 199

Chapter 16 Evaluation of Custer and the Seventh Cavalry at Little Big Horn 210

Chapter 17 The Impact of Custer's Defeat on the Cheyenne and Lakota Indians 221

Chapter 18 Epilogue 239

Notes 251

Glossary 275

Bibliography 285

Index 305

Editorial Reviews

With passion and clarity, Wright shows that Indian policy, especially that of the late nineteenth century, was not built on the bedrock of law that is the Fifth Amendment of the Constitution. Law at Little Big Horn is a thoroughly researched and powerfully presented work of history that merits a place in your bookshelf and warrants study of serious scholars and casual history buffs alike.
—Charles E. Trimble, past executive director of the National Congress of American Indians and principal founder of the American Indian Press Association

From the Publisher