WITH THE GREATEST RESPECT AND FIDELITY - A CHEROKEE VISION OF THE TRUST DOCTRINE

Authors
Citation
De. Wilkins, WITH THE GREATEST RESPECT AND FIDELITY - A CHEROKEE VISION OF THE TRUST DOCTRINE, The Social science journal, 34(4), 1997, pp. 495-510
Citations number
31
Categorie Soggetti
Social, Sciences, Interdisciplinary
Journal title
ISSN journal
03623319
Volume
34
Issue
4
Year of publication
1997
Pages
495 - 510
Database
ISI
SICI code
0362-3319(1997)34:4<495:WTGRAF>2.0.ZU;2-8
Abstract
The trust relationship is the conceptual/philosophical framework again st which all relations between the federal government and indigenous g roups are conducted. Yet despite the centrality of this concept, feder al policymakers have no consistent or agreed upon definition of what t he trust relationship actually entails (Wilkins, 1997). And, more impo rtantly, indigenous conceptions of trust have rarely been assessed. Th is article analyzes and advances one tribe's - the Cherokee - perspect ive on trust. In focusing on how the Cherokee perceive trust, this sec tion emphasizes that from an indigenous viewpoint the trust relationsh ip embodies a complex and sophisticated understanding that both the tr ibe and the United States have reciprocal responsibilities to maintain positive relations towards one another. The leaders of the Cherokee p eople - one of the more diverse indigenous groups-understood in the fe deral government's actions, whether these were expressed in treaties, policy statements, congressional laws, or court decisions, that the fe deral government was pledged to protect Cherokee property and sovereig nty, would act with utmost integrity in its legal and political dealin gs with the people, and would insure that the United States political and judicial representatives would act in a moral manner regarding the tribe's rights. Notwithstanding the federal government's tremendous v ariety of treaty and trust violations, the Cherokee conception of trus t is regenerative from generation to generation. This breathes new lif e into a seasoned concept and offers hope for the often difficult poli tical/legal relations between the federal, state, and tribal governmen ts.