CARLISLE, Pa. — Editor's note: The above video is from March 29, 2023.
The Winnebago tribe is suing the U.S. Army over its alleged refusal to return the remains of two of the tribe's children, Samuel Gilbert and Edward Hensley, who died at the Carlisle Indian Industrial Boarding School.
The tribe filed a lawsuit on Jan. 17 alleging that they sent a formal request to repatriate Gilbert and Hensley's remains on Oct. 16, 2023. It received a response on Dec. 11, 2023, denying the request on the grounds that the Native American Graves Protection and Repatriation Act (NAGPRA) does not apply to this circumstance, and Winnebago would need to make their request according to internal policies within the Office of Army Cemeteries (OAC).
"Defendants have repeatedly denied that NAGPRA applies at Carlisle Cemetery, basing their position on a clearly incorrect reading of NAGPRA’s applicability standard," the lawsuit reads. "This position blatantly conflicts with the plain language and purpose of NAGPRA, a statute enacted to address the epidemic of museums and federal agencies—and, especially, the Army—misappropriating Native American human remains and leaving Indian Tribes with no legal recourse to secure the return of their relatives."
The internal policy requires a closest living relative--something the Winnebago tribe says is "nearly impossible to apply in these circumstances." It accuses the U.S. Army of violating federal law in their refusal.
"Samuel and Edward, like so many other Indian children sent to Indian boarding schools, died during and because of their time at Carlisle. Upon their deaths, Carlisle officials failed to return Samuel and Edward home to their families and communities for proper burials pursuant to Winnebago beliefs, customs, and practices. Instead, Carlisle officials buried Samuel and Edward without notice to Winnebago or their families. Since then, Defendants have grossly mishandled Samuel’s and Edward’s remains, along with the rest of the remains at Carlisle Cemetery."
The Winnebago tribe requests the following resolutions:
- Declare that the OAC's refusal to repatriate the remains violates NAGPRA,
- Order the U.S. Army to repatriate Gilbert and Hensley within 90 days of the court's ruling,
- Award attorneys' fees, and
- Award any other relief the court decided is applicable.
"Today, Winnebago continues to experience the pain of knowing that Samuel’s and Edward’s spirits remain lost and unable to rest as they have been waiting to come home for nearly 125 years," the tribe said.