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Showing posts with label Conquest Theory. Show all posts
Showing posts with label Conquest Theory. Show all posts

Thursday, October 30, 2014

The Captivity Narrative as a Reflection of Reality

The captivity narrative was a form of literature that was popular throughout New America, from the early seventeenth to late nineteenth centuries. These documents, journals, or rewritten oral accounts were generally written to recount the captives’ experiences under “savage” control. These stories bear strong elements of European ethnocentrism, and helped to serve as a justification for the overall conquest of Native America. This exaggerated perspective however, allows the reader to catch a glimpse into the reality and truth of how the Natives treated their captives and what can be said about their ultimate humanity.

In a compilation of narratives entitled Captured by the Indians: 15 Firsthand accounts, 1750-1870, Frederick Drimmer notes that “Occasionally there is a note of exaggeration or romanticizing in the narratives, but by and large they bear the stamp of truth” (Drimmer 11). This exaggeration can be explored through the association with a subconscious production of objectifies “others” (Ben-Vi xvii).
The Captivity Narrative

The first occurrences of captivity narratives began with the English captives of Barbary pirates in the early seventeenth century. These were early accounts of Europeans who had been brought into slavery through piracy near the North African coast. (Baepler 217). These narratives are comparable to the later Indian captivity narrative, in which the Whites identify themselves as helpless slaves under a barbarous savage captor. These were written in a different era however, when the western ideas of enlightenment had just begun to spark. Ideas of White superiority and Manifest Destiny spread as quickly as the settler population.

Ethnocentrism and Foreignness as a rationale for Conquest
The ideas of this time were what fueled the settlers’ justification for colonizing the New World. What fueled this hegemony though, was a more deeply rooted. Ben-Svi’s concept of  “false foreignness”  argues that, “through elaborate strategies of separation, captives are represented as mutually foreign,” rather than the captives being able to identify with their captors (Ben-Svi ix-x). This view of being mutually foreign, suggests that rather than noticing the similarities of humanity between their peoples, they took more notice to their differences. As stated by William B. Hesseltine, these differences were recognized by the settlers, to be sins committed by the Natives (Venebles xii).


Elements of this extreme ethnocentrism can be seen in the captivity narrative of Mary Rowlandson, a puritan woman captured by the Wampanoag in Massachusetts in the midst of King Phillips War (Venebles 225). Her narrative style is focused on seeing the Native Americans as heathenistic rather than humanistic. Upon being taken, Rowlandson deems her captors to be “Barbarous Creatures,” and that the “roaring, and singing and dancing, and yelling of those black creatures in the night… made the place a lively resemblance of hell” (Venebles 226).She attributes much of the treatment she received under captivity to the “favour of God,” rather than the actions of comparable human beings. For example, they allowed her to carry less than the entire group while she was wounded, however they would not let her rest from work on the Sabbath day (Venebles 228-229). The first shows an element of compassion, to give Rowlandson an easier load to carry while injured, but the latter shows them unwilling to break their egalitarian ideas to allow one person not to work. 

Painting depicting Rowlandson and her Captors

Compared to other captives of her time, Mary Rowlandson spent a relatively short time under captivity, eighty-three days (Venebles 233). Her narrative is primarily focused on defining her captors as the enemy, and longing for her eventual escape. There were several others who lived the duration of their lives under captivity, and their experiences give a more ample perspective into the everyday lives of captives.
                Many of those who were captured by Native Americans had another perspective, and were able to be washed of their White blood and accepted into their new family (Drimmer 12). In the case of Mary Jemison, when given the choice to leave her captivity she declined, and lived until age ninety on the Seneca Buffalo Creek Reservation (Venebles 237). The language of Jemison’s narrative differs greatly from that of Mary Rowlandson. Upon her arrival into captivity in the year 1755, her new captors gave her new clothing, and welcomed her as their sister. Regarding the Seneca Nation, Jemison states that “Their wants were few, and easily satisfied; and their cares were only for to-day…If peace ever dwelt with men, it was in former times, in the recesses from war, amongst what are now termed barbarians” (Venebles 235). Mary Jemison’s account is an important comparison to many captivity narratives, although it is the opposing extreme. Her story reflects a more romanticized story, and focuses on the kind deeds that were bestowed upon her. These kind deeds are seen as a completely different way of living than was common among the settlers at this time, and still shows the prescription of otherness, even if in a more positive light.

Reflections of Reality
                The famous case of John Tanner allows the reader to see the complete polar opposites of some other narratives in one man’s story. Tanner’s family had become abusive to him after the death of his mother, and he often longed to “live among the Indians” (Drimmer144). When he was ten years old, he was taken by the Shawnee. In his first family, he had been taken to replace a woman’s deceased son, however  his new father abused him and refused to accept him as his son, while his new mother “would throw her arms about me and he would beat us both together” (Drimmer 151). This is an important occurrence as it shows immediately the parallels between the two cultures, and reiterates the strong idea of mother as refuge. Also important to note is that after leaving this first family to live with an Ojibway family, Tanner was no longer abused. His new father was “always indulgent and kind to me, treating me like an equal. When speaking to me, he always called me son” (Drimmer 153). This shows that regardless of race, ethnicity, or family groups, violence is perpetuated by individuals and not by these groups as a whole.

Discussion
                It is important to note some of the reasons for taking Whites captive. The most prominent being to replace a deceased member of their family, which is what was stated to have happened in the cases of Mary Jemison and John Tanner. Replacement could be for a multitude of reasons; in an egalitarian society, a loss of a person could impact the resources for the whole group. Adopting a new “child” would also help the family psychologically to pass the grieving process more quickly. These captives generally became a legitimate part of the family they had joined, and when they left, their Native families would grieve just as they would for any other loss (Drimmer 14).

These were also times of war between Nations, and part of the capture could be seen as ransom for land. The settlers originally claimed land for themselves and eventually spread their populations over Indigenous hunting grounds and resource areas. Treaties were written and broken, and the Native Americans were treated as second class beings (Drimmer 15). Taking captives can be seen as retaliation or ransom for the land which was unlawfully taken from them.

Drimmer points out an important fact, that although many narratives focus on the positive treatment from Native Americans, all mention others who were killed either in the process of capturing, or whilst under captivity. They also tell of Native Americans who were killed by settlers. This is important because although some accounts speak of the other side as killing in horrible methods, such as scalping, these methods were used on both sides. The difference is, that while both were fighting for the land, it only rightfully belonged to one group. Something else that is mentioned by Drimmer and Venebles is that no women were ever sexually abused while in captivity. Compare this to incidents of the early European conquistadors and later African slavery in the United States, and it shows an incredible difference in humanity.

In conclusion, it is important to read captivity narratives from a phenomenological perspective. These stories show through their exaggerated romanticism and ethnocentrism the undoubted truths of Indigenous civilization. Although they tried to show the savagery of Natives, the result was the opposite. They show immense logical fallacies and projections of foreignness that occur in all nations. In the end, it is individuals making decisions and not entire Nations as a whole.

Baepler, Paul Michel. "The Barbary Captivity Narrative in American Culture." Early American Literature 39.2 (2004): 217-46.

Ben-zvi, Yael. "Ethnography and the Production of Foreignness in Indian Captivity Narratives."  The American Indian Quarterly 32.1 (2008). 

Drimmer, Frederick. Captured by the Indians: 15 Firsthand Accounts. New York: Dover, 1985(Reprint from1961). 

Venables, Robert W. American Indian History: Five Centuries of Conflict & Coexistence. Vol. 1.   Santa Fe, NM: Clear Light, 2003. 

Thursday, December 19, 2013

An Unstable Foundation: The Conquest Rationale in Federal Indian Law

It may be assumed that the colonizer will resort to any subterfuge to maintain the order of his domination of the colonized.

-Frantz Fanon

Discovery of America, 12th of May, 1492. From a Stamp engraved on Copper. Project Gutenberg text 10940.

Introduction

The concept of conquest is difficult to define, as in law it refers to lands acquired in a manner other than descent or inheritance (Black’s Law Dictionary). It is commonly understood to be acquired out of force. Robert A. Williams wrote on Columbus’s’ legacy that a system based in Colonization ultimately leads to a legal system based in discrimination (Getches, et al. 1993, 29). The United States has continually been an example of this genre of system through the denial of the Indigenous right to inherent sovereignty and self-determination, ancestral territories, and identity and personhood.

The use of conquest as a rationalization for multiple holdings in United States federal Indian law began has its historical basis in the doctrine of discovery. This doctrine has been intricately woven through Federal Law case by case to the modern era, so much so that the entire system is now held under an internationally unsound basis.

The three rationalizing principles federal Indian all have their basis in the conquest of the Americas. These are the Congressional plenary power doctrine, which gives congress exclusive power over matters involving Native Americans, the Trust doctrine, the Federal government is to act as a guardian over wards, Diminished Tribal Sovereignty doctrine, holding that tribes keep aspects of sovereignty not expressly stated in a treaty (Getches, et al. 1993, 30).

Historic Rationalization for Conquest

The intention of the papal bulls of Pope Innocent IV during Crusades in late 13 century, was to define the relationship between lawful Christians and the infidels (Churchill 2003, 2). It stated that the pope could order infidels to allow the Gospel be preached to them, because all rational creatures were made to worship God (Getches, et al. 1993, 45). This notion developed into the 1436 doctrine of discovery, which said the conditions for a Christian country discovering another would be that ownership of land was given only if it was uninhabited (territorium res nullius). It also said the title is recognized as belonging to indigenous inhabitants but that the exclusive right to trade would be reserved by the discovering country, in exchange for sharing the Christian gospel. The doctrine also said land could only be taken from indigenous peoples with their consent. This consent would be ideally through purchase and not force, and that if the first three requirements were not met and the land was taken by force it would be an invalid and unjust claim. Land gained through “just wars” was valid. If one or more conditions were met, however, the crown could use whatever force necessary to subdue the natives (Churchill 2003, 3).

This force manifested with the 1510 Requerimiento, which Columbus had his men deliver. This was a doctrine read aloud to Indigenous peoples, presenting to them the decision to either give up their ways peacefully or have them taken brutally by force (Stannard 1992, 258). It stated that the natives accept the Christian God and allow their preachers to preach on their lands. If they were to decline or take too long in their decision, it would be done by brutal force at the fault of the Tribes (Getches, et al. 1993, 49). This was not a fair informed consent either. Natives were chained prior to being read the doctrine, or it was whispered or shouted as they were fleeing. The Requerimiento was not spoken in any Native language and no interpreters available (Stannard 1992, 66).

The Marshall Trilogy and Indigenous sovereignty

In the case of Johnson v. McIntosh, Justice John Marshall held that the doctrine of discovery gives the United States title to the land. The Indigenous peoples were would maintain the right to occupy, use and possess land, although the United States would control the title and how the resources are used (Getches, et al. 1993, 65-66).

In Cherokee Nation v Georgia, the Cherokee attempted to sue the state of Georgia for creating legislation of removal and assimilation. The Supreme Court did not hear the case on its ruling it had no original jurisdiction, as the Cherokee was a dependent ward nation, under the guardian Federal government (Getches, et al. 1993, 105-110). In 1832, Worcester v. Georgia held that states had no authority over Indian groups, as they are distinct communities (Getches, et al. 1993, 113-121). The 1888 outcome of Ex Parte Crow Dog, which found in favor of Crow Dog and was beneficial for tribal sovereignty, led to the reassertion of the plenary power of congress. Unsatisfied with the Crow Dog holding, the Case of United States v. Kagama was used to enact the Major Crimes Act, to allow Federal jurisdiction of major crimes in Indian Country (Getches, et al. 1993, 158-160).

Treaty Violations

The 1903 Lone Wolf v. Hitchcock case brought against the United States by Kiowa chief Lone Wolf, who argued that the Medicine Lodge Treaty had been violated by congress. The Court declared that the "plenary power" of the United States Congress gave it authority to abrogate treaty obligations between the United States and Native American tribes (Getches, et al. 1993, 183-184) The decision contradicts the holdings of the Cherokee cases, which declare a more sovereign opinion of Indigenous Peoples in the United States. United States v. Winans (1905) was an important case as it set regulations regarding the way treaties interpretation. These canons of construction stated that a treaty must be analyzed as the Indians who had agreed to the treaty would have understood it, at the time it was drafted, and that the treaties must be interpreted in the Tribes favor. Through United States v. Winans, the Reserved Rights Doctrine was also established, which states that treaties are not rights granted to the Indians, but are already possessed (Getches, et al. 1993, 137-139).

Tee-Hit-Ton Indians v. United States (1955) is a United States Supreme Court case involving the Tee-Hit-Ton, a subgroup of the Tlingit people. The Tee-Hit-Ton sought compensation from Congress for lumber taken from lands they occupied. The court ruled against the Tee-Hit-Ton, citing Johnson v. McIntosh, that under the concept of conquest, any title to the land was extinguished when the land had been discovered and conquered (Getches, et al. 259-265). United States v. Dion in 1986 ignored the canons of construction, and allowed congress to abrogate treaty provisions in favor of Federal environmental Acts. As a result, American Indians were prohibited from hunting eagles. Justice Thurgood Marshall citied Lone Wolf v. Hitchcock stating that Congress retained the power to modify Indian treaties so long as it does so in clear and explicit terms (Getches, et al. 1993, 319)

Modern movements

In 2007, the United Nations created an intergovernmental declaration agreement on how indigenous people should be treated. This United Nations Declaration in the Right of Indigenous Peoples (UNDRIP) contains 46 articles describing how governments can protect the human rights of indigenous peoples.

The articles involve matters of self-determination, cultural identity and informed consent, life, liberty, culture and security, free from assimilation, removal an relocation (UNICEF 2013, 12-14). There are also articles related to culture, religion, language, education, media, employment, and land and resources. The United States originally voted against UNDRIP, along with Australia, Canada, New Zealand. All of these countries have recently decided to support the declaration (UNICEF 2013, 10).

In their 76th General Convention, the Episcopal Church repudiated the Doctrine of Discovery as fundamentally opposed to their Gospel and is negative toward the inherent rights that individuals and peoples have received from God. Their decision has been repeated by other groups, for example the Anglican Church of Canada in 2010, and the World Council of Churches in 2012 (Miller 2012).

Discussion

Robert Miller definition of conquest refers to the method Europeans used to acquire some lands through military victories, as well as the property and sovereignty rights Europeans claimed to acquire automatically with their “first discovery” (Miller 2012).

Robert Miller has suggested that the following actions may aid in the National reversal and elimination of the Doctrine of Discovery. The first suggestion is that the Permanent Forum on Indigenous Issues adopting an international research study of the effects of the Doctrine of Discovery on Indigenous peoples, to be completed by 2014. Next, to inform the global population of the UNDRIP, and to advocate it’s acceptance as national law. Miller urges all states to repeal laws and policies which have their basis in the Doctrine of Discovery. The education system must also adopt a curriculum which reflects the complete history of colonization. He also suggests more churches follow the Episcopal Church in repudiating the doctrine (Miller 2012).
Conclusion

The doctrine of discovery is losing its ground as justification. Conquest is no longer a valid justification for law. The first step of recognizing this failure has been reached; now is the time for education and advocacy, to change the deep ignorance of this country. Only then can the current fragile system be rebuilt to allow equal rights for all.


Sources:

Black’s Law Dictionary: http://thelawdictionary.org/

Chaffee, John. Repudiate the Doctrine of Discovery. Resolution D035. Committee: 09 – National and International Concerns. 2009. (http://www.doctrineofdiscovery.org/episcopalrepud.htm)

Churchill, Ward. Perversions of Justice: Indigenous Peoples and American Law. San Francisco, City Lights Books, 2003.

Miller, Robert. The Doctrine of Discovery: The International Law of Colonialism. Conference Room Paper 11th Session of the U.N. Permanent Forum on Indigenous Issues. 7-18 May 2012.

Stannard, David E. American Holocaust: The Conquest of the New World. New York: Oxford UP, 1993.

UNICEF. "United Nations Declaration on the Right of Indigenous Peoples for Indigenous Adolescents." UNICEF Human Rights Unit, New York, 2013. (http://www.unicef.org/policyanalysis/rights/files/HRBAP_UN_Rights_Indig_Peoples.pdf)

Venables, Robert W. American Indian History: Five Centuries of Conflict & Coexistence. Vol. 1. Santa Fe, NM: Clear Light, 2004.