Intermarried-Whites in the Cherokee Nation Between the Years 1865 and 1887

Posted in Articles, History, Law, Native Americans/First Nation, United States on 2014-04-09 23:19Z by Steven

Intermarried-Whites in the Cherokee Nation Between the Years 1865 and 1887

Chronicles of Oklahoma
Volume 6, Number 3 (September, 1928)
pages 299-326

A. H. Murchison
Muskogee, Oklahoma

The Cherokee Indians in all their various treaties with the United States, numbering about twenty, obtained provisions whereby the United States was to exclude intruding white persons from their territory. We find, however, as far back as 1819 in their written laws1 where the Cherokees made provision to take care of and authorize intermarriage. Data concerning the Cherokee Indians concerns Oklahoma and, as a number of the laws under which they lived in Indian Territory were formerly passed in the states of Tennessee and Georgia, it would be interesting to follow their intermarriage laws from the first written in the East to those passed in the West up to about the year 1869.

Several of the old Cherokee Laws and Resolutions start with the words, “Whereas, a law has been in existence for many years, but not committed to writing, that if * * * etc.,” This wording is not prefixed to any of the intermarriage laws and it is reasonable to deduct that prior to 1819 there had been no law on the matter.

This first law passed at “New Town, Cherokee Nation, November 2, 1819” follows:

“RESOLVED BY THE NATIONAL COMMITTEE AND COUNSEL, That any white man who shall hereafter take a Cherokee woman to wife be required to marry her legally by a minister of the gospel or other authorized person, after procuring license from the National Clerk for that purpose, before he shall be entitled and admitted to the privileges of citizenship, and in order to avoid imposition on the part of any white man,

RESOLVED, That any white man who shall marry a Cherokee woman the property of the woman so marry, shall not be subject to the disposal of her

husband, contrary to her consent, and any white man so married and parting from his wife without just provocation, shall forfeit and pay to his wife such sum or sums, as may be adjudged to her by the National Committee and Council for said breach of marriage, and be deprived of citizenship, and it is also resolved, that it shall not be lawful for any white man to have more than one wife, and it is also recommended that all others should also have but one wife hereafter.  By order of the National Committee.

Jno Ross, Pres’t N. Com.
Approved—Path (his x mark) Killer
Chas R. Hicks,
A. McCoy, Clerk.”….

Read the entire article here.

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Race, Descent, and Tribal Citizenship

Posted in Articles, Law, Media Archive, Native Americans/First Nation, United States on 2014-04-09 18:12Z by Steven

Race, Descent, and Tribal Citizenship

California Law Review Circuit
Volume 4 (April 2013)
pages 23-47

Bethany R. Berger, Thomas F. Gallivan, Jr. Professor of Real Property Law
University of Connecticut

What is the relationship between descent-based tribal citizenship requirements and race or racism? This essay argues that tribal citizenship laws that require Indian or tribal descent are generally neither the product nor the source of racism in federal Indian law and policy. And while descent does affect multiple areas of federal Indian law and policy, citizenship requirements do not drive many of them. Descent as used in tribal citizenship criteria, moreover, only has a tenuous connection to race as it is commonly understood. More importantly, recognizing governmental authority in tribes that use descent-based citizenship criteria does not violate either federal law or federal norms.

This is a big topic, one this essay cannot fully explore. In part this is because questions of race and descent do not just influence tribal citizenship criteria, but also many areas of federal Indian law and policy. To illustrate this point, I begin this essay in a somewhat counterintuitive place, with the reauthorization of the Violence Against Women Act.

Three out of five Native women will experience domestic violence in their lifetimes. One third of all Native women will be raped, more than twice the national average. Sixty-three percent of these assaults and sixty-seven percent of these rapes are at the hands of non-Native perpetrators. This is a reversal of the pattern for most other races, where the race of the survivor and perpetrator is typically the same.

But in 1978, the Supreme Court decreed that tribes had no criminal jurisdiction over non-Indians committing crimes in their territory. Later decisions deprived tribes of much civil jurisdiction as well. The results were that tribes could not impose criminal penalties on non-Indian abusers, and some tribal governments would not even enter civil orders because of the uncertainty of tribal civil jurisdiction; when civil orders were entered, some state and federal courts refused to enforce them. Amnesty International found that the lack of jurisdiction over non-Indians helped create a culture of impunity for perpetrators of violence against women in Indian country.

When the authors of the bill to reauthorize the Violence Against Women Act proposed affirming tribal criminal and civil jurisdiction over anyone, Indian or non-Indian, who commits domestic violence against an Indian in Indian country, both women’s advocates and tribes celebrated. A group of congressional Republicans, however, argued that it was unconstitutional for tribes to exercise jurisdiction over “any American”—i.e., non-Indian Americans. Their objections were made in the name of racial equality. Senator Jon Kyl, for example, declared that “by subjecting individuals to the criminal jurisdiction of a government from which they are excluded on account of race,” the bill violated the Due Process and the Equal Protection provisions of the U.S. Constitution.

At the same time, a situation in which only tribes cannot exercise local jurisdiction over all domestic violence problems in their territory, and only Indian women abused by non-Indians are excluded by this lack of jurisdiction, also appears to be one of racial disparity. Responding to congressional opponents of the bill, Representative Darrell Issa of California called the “current law a clear discrimination between two residents of the reservation simply based on race.”

Objections to tribal courts trying non-Indian men for beating Indian women led to a nine-month delay in reauthorizing VAWA. Efforts to strip the provision from the bill, along with provisions seeking to ensure protection for LGBT and immigrant victims, failed in the Senate but succeeded in the House last May. After more coalition building, advocacy, removal of additional visas for undocumented immigrants, and the November 2012 elections, the bill passed the Senate by 78-to-22 on February 12, 2013. Finally, on February 28, the bill passed the House, with 87 Republicans joining all but one Democrat to vote in favor.

This story reveals some of the multiple and contested roles that race, descent, and tribal citizenship play in Indian country. As examined in recent important work by Sarah Krakoff and Addie Rolnick, Indian status is with race, because modern Indian status is forged by the often racist efforts to deal with and contain the political sovereignty of indigenous peoples. The continued reliance by tribes on descent to define their political boundaries, however, is not the source of this racialization. While specific citizenship choices may be motivated by ignoble goals, the reliance on descent in general comes from efforts to maintain political continuity and cohesion in the face of persistent and racist efforts to destroy tribes. Neither federal constitutional law nor international norms prevent descent-based citizenship criteria or recognition of territorial sovereignty in tribes that employ them.

This essay proceeds in three parts. First, it highlights the common misunderstandings associated with the relationship between race, descent, and Indian status. Second, it outlines the many contrasting relationships between race, descent, membership, and Indian law, showing that tribal citizenship criteria frequently do not drive these relationships, and are not the source of racism against Indians or tribes. Finally, this essay addresses and rejects challenges that federal Indian law and tribal citizenship criteria are racist, illegal, or immoral because of the role of descent…

Read the entire article here.

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An Act to Prevent Amalgamation with Colored Persons

Posted in Articles, Law, Media Archive, Native Americans/First Nation, United States on 2014-04-06 17:32Z by Steven

An Act to Prevent Amalgamation with Colored Persons

Chronicles of Oklahoma
Volume 6, No. 2 (June, 1928)
Interesting Ante-bellum Laws of the Cherokees, Now Oklahoma History
page 179

James W. Duncan
Tahlequah, Oklahoma

Be it enacted by the National Council, that intermarriage shall not be lawful between a free male or female citizen with any person of color, and the same is hereby prohibited, under the penalty of such corporal punishment as the courts may deem it necessary and proper to inflict, and which shall not exceed fifty stripes for every such offense.

Tahlequah, September 19, 1839.

John Ross, Principal Chief

Approved.

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The Mestizo Concept: A Product of European Imperialism

Posted in Anthropology, Articles, Canada, Caribbean/Latin America, History, Media Archive, Native Americans/First Nation, United States on 2014-04-06 01:52Z by Steven

The Mestizo Concept: A Product of European Imperialism

Onkwehón:we Rising: An Indigenouse Perspectic on Third Worldism & Revolution
2013-08-29

Jack D. Forbes, Professor Emeritus of Native American Studies
University of California, Davis

What is the concept of Mestizaje? What are its origins? What role does it have to play in the liberation, or rather the obstructing of the liberation, of occupied Abya Yala? These are important questions that face Our liberation movement, both here in Anówarakowa Kawennote, but also in Anawak and Tawantinsuyu, indeed all of occupied Abya Yala.

The well known radical onkwehón:we scholar Jack D. Forbes examines these questions in the following essay.

The terms mestizo and metis (as well as such comparable words a half-caste, half-breed, ladino, cholo, coyote, and so on) have been and are now frequently used in Anishinabe-waki (the Americas) to refer to large numbers of people who are either of mixed European and Anishinabe (Native American) racial background or who poses a so-called mixed culture.

In Canada, people of mixed European and Anishinabe background are ordinarily referred to as metis, that is, “mixed.” In the United States, terms such as half-breed, half-blood and quarter-blood are most commonly used but, mustee (derived from mestizo) and even mulatto have been used in the South. From Mexico through Argentina mestizo (“mixed”) is the standard term, but cholo, ladino, coyote, and other words are also commonly used. In Brazil, caboclo, mameluco and a variety of other terms are used, along with mestizo. The concept of mestizo has also been introduced into the United States scholarly literature and is becoming accepted among anthropologists and sociologists as a technical term replacing half-breed and similar words…

…The Mestizo Concept and the Strategy of Colonialism

One of the fundamental principles of the European invaders, and especially of the Spaniards, was to follow the policy of divide and conquer, or keep divided and control. This policy pitted native against native, and tribe against tribe, until Spanish control was established. Later this same policy prevented a common front of oppressed people from developing, by creating tensions and jealousies between the different sectors of the population…

…The concepts of mestizo, coyote, lobo, cholo, pardo, color quebrado, and many others, were invented by the Spaniards, and Spanish policy kept these categories alive throughout the colonial epoch. Were those concepts of any real objective value, apart from being useful to the ruling class? It is extremely doubtful if the differences between a coyote (three-quarters Anishinabe), a mestizo (one-half Anishinabe), a lobo (Anishinabe-African), a pardo (Anishinabe-African European), and so on were at all significant except in so far as the Spanish rulers sought to make them significant. It is true that there may have been cultural differences between natives and mixed-bloods speaking a native language and living in a native village, on the one hand, and Spanish-speaking person (of whatever ancestry) on the other hand. But those differences relate to political loyalty and culture and not directly to mestisaje as such…

Read the entire article here.

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Bill to recognize Nansemonds passes committee

Posted in Articles, Law, Media Archive, Native Americans/First Nation, Politics/Public Policy, United States, Virginia on 2014-04-04 20:54Z by Steven

Bill to recognize Nansemonds passes committee

Suffolk News-Herald
Suffolk, Virginia
2014-04-02

A bill that would extend federal recognition to the Nansemond Indian Tribe and five others in Virginia passed the Senate Indian Affairs Committee on Wednesday.

The tribes, which also include the Chickahominy, Eastern Chickahominy, Upper Mattaponi, Rappahannock and Monacan, are officially recognized by the state but not by the federal government.

“I just hope we can finally get there,” Nansemond Indian Tribal Association Chief Barry Bass said on Thursday. “It’s been a long, hard road.”

The bill has passed the Senate Indian Affairs Committee before, but a vote in the full Senate has been blocked by senators who believe the tribes should have to go through the Bureau of Indian Affairs as other tribes have done.

But recognition through the bureau’s administrative process requires documentation that current tribal members have a continuous line of descent from the historical tribes. That has been difficult, if not impossible, for Virginia Indians to prove, in part because of Walter Plecker, who was the registrar of Virginia’s Bureau of Vital Statistics from 1912 to 1946. He replaced “Indian” with “black” for the race on many birth and death certificates that passed through his office, ensuring that no official documentation exists for many tribal members to prove their relationship to ancestors…

Read the entire article here.

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Child of the Fire: Mary Edmonia Lewis and the Problem of Art History’s Black and Indian Subject

Posted in Biography, Books, Literary/Artistic Criticism, Monographs, Native Americans/First Nation, Women on 2014-04-04 18:10Z by Steven

Child of the Fire: Mary Edmonia Lewis and the Problem of Art History’s Black and Indian Subject

Duke University Press
2010
344 pages
51 illustrations, incl. 18 in color
Cloth ISBN: 978-0-8223-4247-2
Paperback ISBN: 978-0-8223-4266-3

Kirsten Pai Buick, Associate Professor of Art History
University of New Mexico

Child of the Fire is the first book-length examination of the career of the nineteenth-century artist Mary Edmonia Lewis, best known for her sculptures inspired by historical and biblical themes. Throughout this richly illustrated study, Kirsten Pai Buick investigates how Lewis and her work were perceived, and their meanings manipulated, by others and the sculptor herself. She argues against the racialist art discourse that has long cast Lewis’s sculptures as reflections of her identity as an African American and Native American woman who lived most of her life abroad. Instead, by seeking to reveal Lewis’s intentions through analyses of her career and artwork, Buick illuminates Lewis’s fraught but active participation in the creation of a distinct “American” national art, one dominated by themes of indigeneity, sentimentality, gender, and race. In so doing, she shows that the sculptor variously complicated and facilitated the dominant ideologies of the vanishing American (the notion that Native Americans were a dying race), sentimentality, and true womanhood.

Buick considers the institutions and people that supported Lewis’s career—including Oberlin College, abolitionists in Boston, and American expatriates in Italy—and she explores how their agendas affected the way they perceived and described the artist. Analyzing four of Lewis’s most popular sculptures, each created between 1866 and 1876, Buick discusses interpretations of Hiawatha in terms of the cultural impact of Henry Wadsworth Longfellow’s epic poem The Song of Hiawatha; Forever Free and Hagar in the Wilderness in light of art historians’ assumptions that artworks created by African American artists necessarily reflect African American themes; and The Death of Cleopatra in relation to broader problems of reading art as a reflection of identity.

Table of Contents

  • Illustrations
  • Preface. Framing the Problem: American Africanisms, American Indianisms, and the Processes of Art History
  • Acknowledgments
  • 1. Inventing the Artist: Locating the Black and Catholic Subject
  • 2. The “Problem” of Art History’s Black Subject
  • 3. Longfellow, Lewis, and the Cultural Work of Hiawatha
  • 4. Identity, Tautology, and The Death of Cleopatra
  • Conclusion. Separate and Unequal: Toward a More Responsive and Responsible Art History
  • Notes
  • Bibliography
  • Index
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“Hiding in Plain Sight: Mixed Blood Families and Race in the 19th-Century United States West”

Posted in Audio, History, Interviews, Media Archive, Native Americans/First Nation, United States on 2014-04-01 02:23Z by Steven

“Hiding in Plain Sight: Mixed Blood Families and Race in the 19th-Century United States West”

Public Radio Tulsa
Studio Tulsa
Tulsa, Oklahoma
2014-03-25

Rich Fisher, General Manager & Host

Our guest on ST is Anne Hyde, the William R. Hochman Professor of History at Colorado College. She’ll be giving the 2014 H.G. Barnard Distinguished Lecture, which is presented annually by the TU Department of History, tonight (Tuesday the 25th) at the Gilcrease Museum Auditorium here in Tulsa. The lecture begins at the 7pm and is free to the public. Prof. Hyde, who mainly teaches courses on the history of Native America as well as that of North America, received her A.B. degree in American Studies from Mount Holyoke College and her M.A. and Ph.D. in History from the University of California at Berkeley. She has published widely on the history of the American West, has served on editorial boards for the Pacific Historical Review and the Western Historical Quarterly, and has been elected to the Councils of the Western Historical Association and the American Historical Association. Her address at Gilcrease tonight is entitled “Hiding in Plain Sight: Mixed Blood Families and Race in the 19th-Century United States West” — and it’s derived from her book, “Empires, Nations, and Families: A New History of the North American West, 1800-1860.” A reviewer for the Western Quarterly Review has called this text: “Ingenious. A magnificent scholarly achievement. A sweeping new narrative account of [western] history. A book to ponder and plunder.”

Listen to or download the interview (00:28:58) here.

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Empires, Nations, and Families: A History of the North American West, 1800-1860

Posted in Books, History, Monographs, Native Americans/First Nation, United States on 2014-04-01 01:35Z by Steven

Empires, Nations, and Families: A History of the North American West, 1800-1860

University of Nebraska Press
2011
648 pages
Hardcover ISBN: 978-0-8032-2405-6

Anne F. Hyde, William R. Hochman Professor of History
Colorado College

  • Winner of the 2012 Bancroft Prize
  • 2012 Pulitzer Prize Finalist

To most people living in the West, the Louisiana Purchase made little difference: the United States was just another imperial overlord to be assessed and manipulated. This was not, as Empires, Nations, and Families makes clear, virgin wilderness discovered by virtuous Anglo entrepreneurs. Rather, the United States was a newcomer in a place already complicated by vying empires. This book documents the broad family associations that crossed national and ethnic lines and that, along with the river systems of the trans-Mississippi West, formed the basis for a global trade in furs that had operated for hundreds of years before the land became part of the United States.

Empires, Nations, and Families shows how the world of river and maritime trade effectively shifted political power away from military and diplomatic circles into the hands of local people. Tracing family stories from the Canadian North to the Spanish and Mexican borderlands and from the Pacific Coast to the Missouri and Mississippi rivers, Anne F. Hyde’s narrative moves from the earliest years of the Indian trade to the Mexican War and the gold rush era. Her work reveals how, in the 1850s, immigrants to these newest regions of the United States violently wrested control from Native and other powers, and how conquest and competing demands for land and resources brought about a volatile frontier culture—not at all the peace and prosperity that the new power had promised.

Table of Contents

  • List of Illustrations
  • List of Maps
  • Acknowledgments: Adventures in the Land of the Dead
  • Introduction: The Geography of Empire in 1804
  • Part I: Replacing a State: The Continental Web of Family Trade
    • Chapter 1: Families and Fur: The Personal World of the Early
    • Chapter 2: Fort Vancouver’s Families: The Custom of the Country
    • Chapter 3: Three Western Places: Regional Communities
  • Part II: Americans All: The Mixed World of Indian Country
    • Chapter 4: The Early West: The Many Faces of Indian Country
    • Chapter 5: Empires in Transition: Indian Country at Midcentury, 1825–1860
  • Part III: From Nations to Nation: Imposing a State, 1840–1865
    • Chapter 6: Unintended Consequences: Families, Nations, and the Mexican War
    • Chapter 7: Border Wars: Disorder and Disaster in the 1850s
    • Chapter 8: The State and Its Handmaidens: Imposing Order
  • Epilogue: How It All Turned Out
  • Notes
  • Bibliography
  • Index

Read an excerpt here.

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“The Red and The White: A Family Saga of the American West” presentation

Posted in History, Live Events, Media Archive, Native Americans/First Nation, United States on 2014-02-21 07:29Z by Steven

“The Red and The White: A Family Saga of the American West” presentation

New Mexico State University
Nason House
1070 University Ave
Friday, 2014-02-21, 13:00-14:30 MST (Local Time)

CLABS-Book Talk to be held Feb. 21

A Center for Latin American Border Studies-Book Talk titled “The Red and The White: A Family Saga of the American West” [on the book by the same name] by Andrew Graybill, William P. Clements Center for Southwest Studies, Southern Methodist University, Dallas, TX will be held at 1 p.m. Friday, Feb. 21, at the Nason House. The event is free and open to the public. The Nason House is located on 1070 University Ave., across from FedEx Kinko’s.

At dawn on Jan. 23, 1870, 400 men of the Second U.S. Cavalry attacked and butchered a Piegan winter camp on the Marias River in Montana in one of the worst slaughters of Indians by American military forces in U.S. history. Come to avenge the murder of their father – a former fur trader named Malcolm Clarke, killed four months earlier by his Piegan wife’s cousin – Clarke’s own two sons rode with the cavalry that day and thus murdered their own blood relatives. Andrew R. Graybill places the Marias Massacre within a larger three-generation saga of the Clarke family, illuminating the complex history of native-white intermarriage in the American West.

The event is free and open to the public. For more information click here.

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Kaa-tipeyimishoyaahk – ‘We are those who own ourselves’: A Political History of Métis Self-Determination in the North-West, 1830-1870

Posted in Canada, Dissertations, History, Media Archive, Native Americans/First Nation, Politics/Public Policy on 2014-02-20 07:28Z by Steven

Kaa-tipeyimishoyaahk – ‘We are those who own ourselves’: A Political History of Métis Self-Determination in the North-West, 1830-1870

University of Victoria, British Columbia
2014
394 pages

Adam James Patrick Gaudry

Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY in the Department of Indigenous Governance

This dissertation offers an analysis of the history of Métis political thought in the nineteenth century and its role in the anti-colonial resistances to Canada’s and Hudson’s Bay Company governance. Utilizing the Michif concepts of kaa-tipeyimishoyaahk and wahkohtowin to shed light on Métis political practices, this work argues that the Métis people had established themselves as an independent Indigenous people in the nineteenth century North West. By use of a common language of prairie diplomacy, Métis had situated themselves as a close “relation” of the Hudson’s Bay Company, but still politically independent of it. Nineteenth century Métis had repeatedly demonstrated their independence from British institutions of justice and politics, and were equally insistent that Canadian institutions had no authority over them. When they did choose to form a diplomatic relationship with Canada, it was decidedly on Métis terms. In 1869-1870, after repelling a Canadian official who was intended to establish Canadian authority over the North-West, the Métis formed a provisional government with their Halfbreed cousins to enter into negotiations with Canada to establish a confederal treaty relationship. The Provisional Government of Assiniboia then sent delegates to Ottawa to negotiate “the Manitoba Treaty,” a bilateral constitutional document that created a new province of Manitoba, that would contain a Métis/Halfbreed majority, as well as very specific territorial, political, social, cultural, and economic protections that would safeguard the Métis and Halfbreed controlled future of Manitoba. This agreement was embodied only partially in the oft-cited Manitoba Act, as several key elements of the agreement were oral negotiations that were later to be institutionalized by the Canadian cabinet, although were only ever partially implemented. These protections included restrictions on the sale of the 1.4 million acre Métis/Halfbreed land reserve, a commitment to establish a Métis/Halfbreed controlled upper-house in the new Manitoba legislature, a temporary limitation of the franchise to current residents of the North West, and restrictions on Canadian immigration to the new province until Métis lands were properly distributed. While these key components of the Manitoba Treaty were not included in the Manitoba Act, they remain a binding part of the agreement, and thus, an unfulfilled obligation borne by the contemporary government of Canada. Without adhering to Canada’s treaty with the Métis people, its presence on Métis lands, and jurisdiction over Métis people is highly suspect. Only by returning to the original agreement embodied by the Manitoba Act can Canada claim any legitimacy on Métis territories or any functional political relationship with the Métis people.

Read the entire dissertation here.

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