WHEREAS, Chief Leschi was a prominent Nisqually Indian leader who
made a profound impression upon our early history as a Territory; and
WHEREAS, Chief Leschi was a benevolent man of great intelligence
and character, who acted humanely during times of both war and peace;
and
WHEREAS, Chief Leschi led the Nisqually Indians at the time the
Treaty of Medicine Creek was signed in December 1854; and
WHEREAS, By the terms of the Treaty, the Nisqually Indians were
assigned to a reservation on lands far removed from the Nisqually River
and its fisheries which had sustained them for centuries; and
WHEREAS, Chief Leschi met with territorial leaders seeking a
reservation with a sufficient land base for the Nisqually people, but
was refused; and
WHEREAS, War broke out between Indians and territorial forces, and
in the course of war, A. Benton Moses, a soldier in the Washington
Territorial Militia, was killed during the Battle of Connell Prairie;
and
WHEREAS, Chief Leschi was charged with murder in the death of Moses
and was tried before a territorial court. The trial resulted in a hung
jury after the jurors were instructed that killing of a combatant in
the time of war was not murder; and
WHEREAS, Chief Leschi was tried a second time and was convicted of
murder and sentenced to death by hanging after the court refused to
give the jury instruction regarding the death of combatants. The judge
also refused to admit into evidence a map of the battleground showing
that Chief Leschi could not have traveled the distance required to be
in a position to fire at A. Benton Moses; and
WHEREAS, The U.S. Army refused to execute Chief Leschi, who was
regarded as a prisoner of war, and he was hanged only after the
Territorial Legislature enacted a law enabling local authorities, under
color of law, to execute Leschi. Accordingly, the Supreme Court
rescheduled his execution, which took place on February 19, 1858; and
WHEREAS, Chief Leschi was the victim of discrimination and was
executed because, as the leader of the Nisqually Indians, he vigorously
defended the territorial rights of his people; and
WHEREAS, There was at that time, and continues to be, a public
outcry over the wrongful conviction and execution of Chief Leschi;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the
injustice which occurred in 1858 with the trial and execution of Chief
Leschi and reaffirm the commitment to a legal system under which a fair
trial is the right of everyone regardless of race or creed; and
BE IT FURTHER RESOLVED, That the Senate recognize Chief Leschi as
a courageous leader whose sacrifice for his people is worthy of honor
and respect and that the residents of the State of Washington solemnly
remember Chief Leschi as a great and noble man; and
BE IT FURTHER RESOLVED, That the Senate join with those who hope
that the Nisqually Tribe is successful in its efforts to right a gross
injustice through a vacation of his conviction by the Washington
Supreme Court; and
BE IT FURTHER RESOLVED, That a copy of this resolution be
immediately transmitted by the Secretary of the Senate to Dorian
Sanchez, Chairman of the Nisqually Indian Tribal Council, and to
Cynthia Iyall, Chairman of the Committee of Leschi Descendants.