Federal Court Rules on Tribal Status for Indigenous Soldiers
A landmark legal decision determines that enlistment in the U.S. Army does not exempt Indigenous men from the jurisdiction of the Indian Bureau.
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Recently at Walla Walla, Judge Hanford decided that an Indian by enlistment in the United States Army does not remove himself from tribal condition. The question was brought up by the arrest of Hurschman, charged with selling liquor to an Indian soldier named Williams. The defense claimed that as Williams had enlisted in the army he was no longer subject to the statutory regulations governing Indians under the care of the Indian Bureau, and no crime was committed in selling him liquor. Judge Hanford decided that, though during the Indian's term of enlistment he was in charge of the war department, so soon as that expired he would again be under the charge of an Indian agent.
“Though during the Indian's term of enlistment he was in charge of the war department, so soon as that expired he would again be under the charge of an Indian agent.”
This case highlights the era's legal contradictions, where Indigenous people were simultaneously expected to serve the nation as soldiers while being denied the full autonomy and rights of citizenship. It reflects the broader struggle of the 'Indian Agent' system that defined federal control over lives and movement, a precursor to the modern legal arguments regarding tribal sovereignty in Washington State.
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