Land, the Judicial System, and Justice Theme Analysis

Small trees had attacked my parents' house at the foundation… As my father prodded away blindly at the places where he sensed roots might have penetrated, he was surely making convenient holes in the mortar for next year's seedlings… it seemed increasingly important to me that each one of these invaders be removed down to the very tip of the root, where all the vital growth was concentrated. And it seemed important as well that I do a meticulous job… It was almost impossible not to break off the plant before its roots could be drawn intact from their stubborn hiding place.

I was parsing out the idea, established in other cases and reinforced in this one, that our treaties with the government were like treaties with foreign nations. That the grandeur and power my Mooshum talked about wasn’t entirely lost, as it was, at least to some degree I meant to know, still protected by the law.

From the government's point of view, the only way you can tell an Indian is an Indian is to look at that person's history. There must be ancestors from way back who signed some document or were recorded as Indians by the U.S. government … after that you have to look at that person's blood quantum… In other words, being an Indian is in some ways a tangle of red tape. On the other hand, Indians know other Indians without the need for a federal pedigree, and this knowledge—like love, sex, or having or not having a baby—has nothing to do with government.

We read with a concentrated intensity. My father had become convinced that somewhere within his bench briefs, memos, summaries, and decisions lay the identity of the man whose act had nearly severed my mother’s spirit from her body.

I had imagined that my father decided great questions of the law, that he worked on treaty rights, land restoration, that he looked murderers in the eye, that he frowned while witnesses stuttered and silenced clever lawyers with a slice of irony. I said nothing, but as I read on I was flooded by a slow leak of dismay… Where was the greatness? The Drama? The respect?

We came to the tree that people call the hanging tree, a huge oak. The sun was in its branches. There were prayer flags, strips of cloth. Red, blue, green, white, the old time Anishinaabe colors of the directions, according to Randall. Some cloths were faded, some new. This was the tree where those ancestors were hanged. None of the killers ever went on trial. I could see the land of their descendants, already full of row crops.

I suppose I am one of those people who just hates Indians generally… my feeling is that Indian women are—what he called us, I don't want to say… He said we have no standing under the law for a good reason and yet have continued to diminish the white man and to take his honor… I won't get caught, he said… I know as much law as a judge. Know any judges? I have no fear… The strong should rule the weak. Instead of the weak the strong! It is the weak who pull down the strong.

It was true, however, that Mooshum had still been a child when his family left behind their neat cabin, their lands, their barn and sweet water well, and fled Batoche after Louis Riel was caught and sentenced to be hanged. They came down over the border, where they were not exactly welcomed with open arms. Still, they were taken in by an unusually kind-hearted chief who told the U.S. government that maybe it threw away its half-breed children and gave them no land, but that the Indians would take these children into their hearts.

These are the decisions that I and many other tribal judges try to make. Everything we do, no matter how trivial, must be crafted keenly. We are trying to build a solid base here for our sovereignty. We try to press against the boundaries of what we are allowed… Our records will be scrutinized by Congress one day and decisions on whether to enlarge our jurisdiction will be made. Some day. We want the right to prosecute criminals of all races on all lands within our original boundaries… What I am doing now is for the future, though it may seem small, or trivial, or boring, to you.

Every time there is an evil, much good comes of it— people in these circumstances choose to do an extra amount of good, show unusual love, become stronger in their devotion to Jesus… I have seen it in people who go their own ways, your traditionals, and never come to mass except for funerals… They come to the wakes. Even if they are so poor they have nothing, they give the last of their nothing to another human. We are never so poor that we cannot bless another human, are we? So it is that every evil, whether moral or material, results in good.

I should have felt happy watching them across the table, but instead I was angered by their ignorance. Like I was the grown-up and the two of them holding hands were oblivious children. They had no idea what I had gone through for them.

In all those miles… there was nothing to be said. I cannot remember speaking and I cannot remember my mother or my father speaking. I knew that they knew everything. The sentence was to endure… I do remember, though, the familiar sight of the roadside café just before we would cross the reservation line. On every one of my childhood trips that place was always a stop for ice cream, coffee and a newspaper, pie… But we did not stop this time. We passed over in a sweep of sorrow that would persist into our small forever. We just kept going.