“ ONE FUTURE GOAL IS RECLAIMING TRUE NAVAJO NATIONHOOD. PRIOR TO COLONIZATION, NAVAJO SOCIETY HAD TRUE SELF- SUFFICIENCY. THE PEOPLE COULD DIRECT THEIR WAY OF LIFE WITHOUT OUTSIDE INTRUSION.”


land. The case involved a non-Indian trader bringing suit against a Navajo couple and confiscating their livestock to settle their debt to him. In its ruling, the Supreme Court held that, without congressional authorization, state courts have no jurisdiction in a civil case brought by a non-Indian doing business on a reservation against tribal citizens who live there, and that the case should have been filed in the tribal court.20


In the 1985 case


Kerr McGee Corp. v. Navajo Tribe of Indians, the Supreme Court once again affirmed Na- vajo tribal sovereignty when it ruled that the Secretary of the Interior’s approval was not required for the Navajo Nation to pass laws imposing taxes on companies conducting business on Navajo land.21 The cultural dimension of sovereignty is


just as important as its legal and historical aspects. On numerous occasions Navajo lead- ers and their allies have commemorated the meaning of the 1868 Treaty. In 1968 the Na- vajo people celebrated the 100th


anniversary of their return from the Bosque Redondo. In


2005, after years of planning, the Navajo and their allies dedicated the Bosque Redondo Memorial


at the site of the old reserva-


tion in Fort Sumner. Gregory Scott Smith, a manager of the memorial, acknowledged its importance: “It will honor the memory of thousands of Navajo and Mescalero Apache people who suffered and died as a result of the forced relocation and internment. Moreover, it will celebrate the official birth of a sover- eign nation born of the tragedy of Bosque Redondo.”22


These commemorations reflect


Navajo leaders’ and their citizens’ sense of accomplishment for having retained cultural values and controlled their government in the decades since the Treaty was made. The meaning of the 1868 Treaty remains


integral to Navajo efforts to determine what sovereignty and self-determination mean to them. As Navajo scholar Lloyd Lee notes, a number of


Indigenous intellectuals express


the desire of Native Nations to return to health and prosperity based upon Native methods of governance.23


The Navajo people must decide


if and how they will create a nation based upon their own Diné laws, and they must decide what kind of relationship they wish to have with the United States. Lee writes, “One future goal is reclaiming true Navajo nation- hood. Prior to colonization, Navajo society had true self-sufficiency. The People could direct their way of life without outside intru- sion.” In Navajo formulations of sovereignty and self-determination, revaluing the Navajo philosophy of sa’ah nagháí bik’eh hózhóón is key.24


Certainly, the Navajo Nation’s establish-


ment of a Navajo Nation Human Rights Com- mission shows the desire to pursue a vision of belonging to the international community of nations on an equal basis with other nations.25 Every year Navajo citizens celebrate Navajo


Treaty Day. Integral to the celebrations are the memories and stories about leaders such as Manuelito, his wife, Juanita (her public Na- vajo name was Asdzáá Tł’ógi), Barboncito and others who claimed the rights of their people to live within the four sacred mountains and in a manner of their own choosing. They sacrificed much to ensure the future of their nation and people. That sacrifice has made it possible for the Navajo to maintain and re- vitalize their culture, assert their sovereignty and continually negotiate their relationship with the United States.X


Navajo women and children, 1864–68. Fort Sumner, N.M. Photographer unknown. Palace of the Governors Photo Archives, Santa Fe, N.M. NMHM /DCA 038207


30 AMERICAN INDIAN SUMMER 2018


Jennifer Nez Denetdale (Diné [Navajo]) is the first citizen of the Navajo Nation to earn a doctorate in history, and is an associate professor of American studies at the University of New Mexico. She is also a commissioner on the Navajo Nation Human Rights Commission, and an author of scholarly works and books on Navajo history for young adults.


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