David M. Brugge - The Navajo-Hopi Land Dispute: An American Tragedy
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This personal and historical account traces the origins and progress of the twentieth-century legal battle, Healing v. Jones, between the Hopis and Navajos over the control of the joint-occupation reservation originally set aside by President Chester A. Arthur in 1882. David M. Brugge has contributed a new afterword to update the federal case and land issue.
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1994 by the University of New Mexico Press All rights reserved. FirstEdition
First paperbound printing, 1999
Library of Congress Cataloging-in-Publication Data Brugge, David M. The Navajo-Hopi land dispute : an American tragedy / David M. Brugge.1st ed. p. cm. Includes bibliographical references and index. Contents; Friends and enemies, the history of an ambiguous relationshipPeace and strifePreparation, the road to PrescottPrescottThe long waitProgress (of sorts)False hopesConfrontationThe end of the lineFinal thoughts. ISBN 0-8263-1513-5 (cloth) ISBN 0-8263-2156-9 (pbk) 1. Navajo IndiansLand tenure. 2. Navajo IndiansLand transfers. 3. Hopi IndiansLand tenure. 4. Indians of North AmericaArizonaLand transfers. 5. Indians of North AmericaGovernment relations1934- I. Title. E99.N3B757 1994 979.1'3'0047972dc20 93-46954
Frontispiece by Tony Hood.
Page v
To Ruth
Page vii
Contents
List of Maps
viii
Introduction
ix
1. Friends and Enemies The History of an Ambiguous Relationship
3
Apache-Pueblo Dynamics
4
Spanish Exploration
5
Spanish Colonial Period
5
Mexican Independence
16
Summary of Hispanic Times
18
Anglo Rule
19
2. Peace and Strife
24
3. Preparation: The Road to Prescott
40
4. Prescott
67
5. The Long Wait
93
6. Progress (of Sorts)
134
7. False Hopes
161
8. Confrontation
197
9. The End of the Line
217
10. Final Thoughts
241
Afterword
258
Notes
259
Sources
285
Index
295
Page viii
Maps
1. Navajo Country Prior to 1974
2
2. 1882 Executive Order Reservation
26
3. Archaeological Subareas
41
Page ix
Introduction
When I first went to work for the Navajo Tribe in 1958 to assist in research for their land claim case against the U.S. government and eventually for other land disputes, I already had many Navajo friends whom I could easily accept as people, each with his or her own unique personality. I entered into the work with a firm belief that our system of courts was also a system of justice and that if we could demonstrate fairly that Navajos had long occupied certain tracts of land, their claims would be upheld.
When I was assigned to work on Healing v. Jones (the by-now infamous Navajo-Hopi land dispute case), I believed there was some small risk that the tribe might lose, but as the work progressed and I came to know the Navajo people living in the 1882 Executive Order Reservation, to learn their history as revealed by their traditions, by our archeological investigations, and by the archival accounts written by white observers, I found that I could fully sympathize with their cause. I could not believe that my own government, which I had been raised to trust, would ever dispossess so many poverty-stricken and thoroughly traditional people from a land upon which their lives and well-being were so completely dependent. I was aware of the bias against the Navajos that was, and still is, widespread in the Southwest, but again I had been so convinced of the basic fairness of our society that I could not conceive of such prejudice influencing official government decisions. I even prided myself that I was helping the Navajos find a way within the legal system of the United States to settle peacefully a boundary problem that would be a proper fence to make good neighbors for a long a time to come.
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