Aboriginal Title: Today’s word is…

USUFRUCT.¬† (Sorry, I grew up too Catholic to pronounce it that way! ūüėȬ† )

This is the Common Law principle on which is based the occasional English and successor Settler States (USA, Canada, Australia, I know for certain, maybe others) practice of deigning, that is to say condescending,¬†to let Aboriginal Peoples in “their” countries retain (I say retain) certain rights with regard to their “former” territories and their tribesmembers.¬† It’s the theoretical basis of Reservations, remnant fishing / trapping / hunting / subsistence rights, regard for Tribes’ Sovereignty (to attempt to put it into European terms), Native Treaties, Lands Held in Trust (including royalties [at 18th-century rates]…if only Uncle Sam can remember where he put them!), etc.

The alternative might well have had to be full military defeat, actually wiping out all our ancestors … genocide in its simplest, bloodiest¬†sense — I’ll say it — ala Hitler.¬† And I deduce that conundrum is where the idea came from, IOW, Settler convenience, politics, occasional conscience.¬† The earliest case I know of — though I’m no professional historian — where English courts upheld native legal status is only The Case of Tanistry in the early 1600s.¬† Here the Irish lost by winning (300 years before they won by losing!): the court employed traditional Irish Brehon Law to cheat a rightful traditional clan chief of his chiefly lands in favor of English-Law inheritance previously unknown among traditional Irish … four-and-a-half centuries after first invading.¬† My current point being, the English certainly have become experts at riding roughshod over Irish culture (which is why 1998’s Good Friday Northern Ireland Peace Agreement was such a monumental reversal for them).¬† I guess they didn’t always enjoy how hard it was, and so decided to take a (slightly) less harsh approach in Quebec and North America beyond (to the frustration of the greedy and anti-Catholic eastern seaboard “Founding Fathers”), and Down Under.¬† (In New Zealand, the Treaty of Waitangi is even considered technically part of the national constitution!)

Anyway, as Merriam Webster reminds us, a usufruct is Europeanly-considered technically only temporary — in our case, until the “death” of each Native Nation, envisaged by (unconstitutional) Blood Quantum laws, mandatory dispersion and exogamy, ethnic/racial cleansing, culturecide, divide-and-conquer, even leaving Tribes with the worst-quality land around on which to survive, as well as what I compare to illegal and unjust “constructive eviction” in attempting to claim a Native Community “abandoned” a temporarily-disused right or plot of land.*¬† Conveniently, the U.S. has never recognized Mixed-Bloods as such, as Canada has in its M√©tis since just 1982, otherwise Native Nations¬†might never die!

(*–The Settlers of Maryland Colony did this to my Nanticoke people.¬† Once they interpreted an Abandonment Clause in a colonial treaty to mean temporarily going up the Susquehanna River for their traditional annual hunt relinquished one of their Reservations: But when they arrived to find one elderly man guarding the otherwise-empty village, they burned him alive in his home.)

Advertisements

Saving endangered Native American languages

There’s a fair bit about this online, but I’ll just highlight the following:

Canada’s National Post newspaper recently did a multimedia series including the Delaware Indian language Munsee, called Lunaape (ie, Lenape)*¬†at the Moraviantown Reserve in southern Ontario.¬† Behind the scenes of that story is that First Nation’s Bruce Stonefish, profiled in the Newark Star-Ledger a few years ago.¬† He’s behind a weeklong Language Immersion summer camp at Moraviantown (PDF)¬†that at least went on as late as 2007, maybe last summer too, I’m not sure.¬† Various ‘official’ and other Lenape and other groups got together with Philadelphia’s University of Pennsylvania a year ago to rap Indigenous Language preservation.¬† “Unofficial” is that article’s “Lenape Nation of Pennsylvania,” but they seem to be kicking butt in promoting the language at least!¬† (See here, and this curriculum intended for parents to catch on to and share with children.¬† I’m not sure if their Lenape language is Munsee or Unami [see “Language Links” below the lessons on that page].)

As you may have seen, Stonefish has taught some lessons to some of my kin, the Nanticoke Lenni Lenape in New Jersey, and visited the State of Delaware, where my Nanticoke ancestors lived after 1742 or so.¬† But the Nanticoke Indian Association a couple years ago started to resurrect the Nanticoke language with the help of an Anishnabay (or Ojibwe or Chippewa) dialect from Manitoba, since it’s a sister Algonquian language.¬† Maybe you heard how Hollywood did something similar for a Virginia tribe descended from Jamestown’s neighbors¬†(WaPo link may break).

Why?¬† In my reading, the folks at St. Thomas University in New Brunswick, Canada, say Native Language Immersion is the best¬†if not the¬†only way to treat some of Natives’ social problems both on the Reservation and in larger Settler society, from problems with school grades and academic learning in general, to cultural preservation, to self-destructive behavior, a/k/a internalized oppression/repression/genocide.¬† Bicultural competence is something many people in Canada know something about.¬† We’re literally talking about saving lives in many cases.¬† As Stonefish’s Immersion Camp brochure states: “In order for the Lunaape Language to survive, it needs to once again become an instrumental part of our lives, our everyday conversations and everyday view of the world. Within our language we will find our original Lunaape worldview. It is within our language where we will find the concepts of how we related to all that is around us. It is within our language where the Lunaape people will find keys to understanding our true original identities, gifts and responsibilities to ourselves as well as those around us.”

(*–Both words are correctly pronounced “luh-NAH-pay,” more or less.¬† The vowel in the first syllable is closest to an American English schwa, that upside down ‘e’ thingie, or more technically,¬†a vowel in¬†an unaccented syllable.)

2010 Census: Part-Indians, Part-Blacks, etc.

After looking over this 2001 story from a fine journalistic publication that maybe needs a new name(!!), IOTM that ‘traditional’ Census-Indians and Census-Blacks are poorer, disempowered, oppressed, discriminated against, etc., raising the question whether an increasing number of ‘non-traditionals’ laying claim to their Mixed Race Ancestry skews the demographics in ways that harm the discriminated-against, darker-skinned Americans?¬† (The same thing has been happening in Canada.)¬† ‘Ah, yes, Indians have now made it into Scarsdale, Redmond, Beverly Hills, West Palm Beach, so we don’t have to worry about them anymore!’

I ask this of myself too (as I did last May).¬† For logistical reasons I was not counted in the 2000 Census, but in 1990, feeling cheeky, I wrote myself down as Native American, in the only choice allowed me before 2000’s multiple-choice Census.¬† (Though I wasn’t living in a particularly upscale neighborhood at the time.¬† [I’ve been growing slowly in my Native self-consciousness since my mother informed me of it in¬†the early ’70s¬†… more quickly since I got on the Internet in the late ’90s!])

Ironically, this is the flip-side of a concern voiced by some Black leaders in the runup to 2000 — that traditional Census-Blacks claiming other races or ethnicities might dilute their political strength.¬† Remember that Congressional, State, and Local legislative and election districts are re-drawn every ten years in part on the basis of race (along with Party registration, neighborhood voting habits, income, etc.) — including Federal-Court-ordered “majority-minority” districts to redress¬†racist housing¬†segregation or exclusionary zoning.¬† So this isn’t just about paid-up membership in the NAACP.

Maybe those of us interested in claiming additional identities officially besides¬†the one (North) America thinks we belong to, for which we don’t suffer as much from (North) America actively anymore [I’m choosing my words carefully here], should assert a specifically¬†Mixed i.d., distinct from African-American or Native American or whatever — standing totally in solidarity with our oppressed cousins, whatever our internal disagreements.

What term or terms to use?¬† Metis, to those who have ever heard of it, usually connotes French-Canadian-Indian, although the term, as I have reported, historically and again now increasingly has broader usage.¬† Mestizo, again to those who have heard of it in the U.S., usually connotes a Spanish-Indian Mix somewhere in the family tree, although some have tried to apply it also to us Eastern U.S. “tri-racial isolates” (a term we have traditionally eschewed).¬† Mulatto is usually thought to mean a Black-White Mix, although Jack Forbes believes that historically it was mostly Black-Indian.¬† It’s said Forbes tried to broaden the local (colonial Carolina and New Jersey) term Mustee/Mestee* to cover all us “tri-racials.”¬† I once toyed with the equivalent Irish Gaelic term, Meascach, at least in regard to myself.¬† Some folks at the National American Metis Association have used the historic English Halfbreed or even its historic contraction ‘Breed, though my question here is what if my Native blood quantum — a racist, racialist, and unconstitutional category in the U.S. — is less than “Half”?¬† I haven’t seen anybody trying to revive the terms Quadroon and Octoroon, or any of the dozen or more other historical terms Forbes chronicles!

We could unite on a term like Mixed Aboriginal, going on to specify the Mix we wish to claim for ourselves on that same line on the Census form, eg, “Mixed Aboriginal: Irish and Nanticoke Indian.”¬† Except apparently the 2010 form won’t accommodate such a thing; see this 1.7MB PDF, and when it opens, go up in what is usually the page number box in the Reader toolbar and type “Sec1:5” without spaces or quote marks, then hit Enter/Return.¬† We get only 17 letters and spaces.¬† [I’m sure¬†someone tried hard, but this is not well-designed even generally speaking.¬† What if someone is both Asian and Pacific Islander, as many¬†traditionally-“Asian/Pacific Islanders”¬†are?¬† What if they’re more than one “other race (sic)”?: Jewish, Arab, Turkish, Kurdish, Iranian/Persian, Azeri/Azerbaijani, Kazakh, Indigenous Siberian, Tatar, Chechen, Aboriginal Australian?¬† By some estimates Armenians and Georgians are Asian too.¬† Many of these are small groups in this country, but it could happen!]

Yup, the¬†2010 Census discriminates against us ‘Breeds: Part-Indians, Half-Blacks, part-Whites, whatever, wanting to claim “All My Relations”!¬† They want to break us into tiny little pieces!¬† Actually it wants to break down traditional Census-Blacks and Census-Indians, hoping to be done with legal or political obligations to them.¬† That’s called genocide, the same old story.¬†

 

(*–I believe it’s pronounced mis-TEE, derived from the same French, Spanish, and Latin words like Metis [formerly, Mestis and Mestif] and Mestizo.)

Younger generations re-embracing their Indigenous backgrounds

These people aren’t all Wannabe’s; some of them ARE¬†Indians or Metis in Canada and the U.S.!

Mixed-Blood Indigenous

Poignant reflections about being “half-caste” as they call it Down Under (British influence), from a Suite 101 columnist and a big Aussie historian who discovered himself part-Aboriginal.

The U.S. Metis dilemma

Reading about Obama’s goals for Native policy reminds me of the dilemma faced by Mixed-Blood Indians within the United States who may be luckier (for now) than our Indian-identified cousins: In some ways we would wish, like our brothers and sisters within Canada, to receive some kind of recognition under U.S. law, considering that many of our communities antedate 1776, or the later U.S. conquest / cession of our territories.¬† But doing so could detract from the material help so many other Indians and Tribes receive from Washington, which is already far from enough, reflecting continuing illegal and genocidal policies and negligence on the part of the American government.¬† This was pointed out to me in recent years by one or more U.S. M√©tis groups like this one.

What’s the goal of “recognition” if not money, reservations, casinos, etc.?¬† Most basically, the government-to-government relationship of co-sovereigns.¬† Beyond that, influence in U.S. policy that concerns us and even our Indian cousins.¬† One thing not commonly mentioned in the U.S. is non-Treaty¬†aboriginal rights, such as hunting, fishing, trapping, and gathering, when such rights have not been ceded by Treaty.¬† But even “Federal recognition” as currently set up takes decades, sometimes generations, and to add hundreds of non- (or semi-)Indian-identifying Indigenous communities to that process would probably bring it crashing down!

Some US Metis spokespersons even say non-Indian-identifying Metis who are currently luckier than our Indian-identifying cousins shouldn’t seek individual recognition, Tribal membership / citizenship, for similar reasons, but instead should join one of the newly-forming Metis groups.¬† But, at least since the ’60s, Tribal membership is sometimes seen to have a certain cachet, especially for those of us separated by miles and/or generations from our Native roots.¬† (Sure, if we don’t “look Indian,” and society doesn’t maltreat us like it does those who do….)¬† This is a little like Black-activist objections to the mixed-race option introduced in the 2000 Census, fearing Whites will perceive a smaller Black community and belittle their aspirations for equality and social justice and fairness – “divide and conquer.”¬†¬†In fact,¬†a majority of¬†historic African-Americans have also Native American and European ancestries, just as most persons with Native American ancestries also have European and/or African ancestries now, and more European-Americans than realize it – especially Italians, Spanish, Portuguese, and Dutch – have African and/or Native American and/or South or Southwest Asian ancestries.¬† (BTW, most non-Latinos don’t realize that most Latinos have substantial Native American ancestry, either.)¬† And more than a few Indian-identified persons treat Metis as “wannabe’s,” rather than “are’s.”¬† The fact is that America usually treats you based on what you look like … unless they know that there’s more to you than what you look like, and then they mistreat you on that basis!¬† So by no means should equality, fairness, social justice continue to be denied somebody, simply because he or she doesn’t meet the deniers’ traditional definition of this or that.

OTOH, in Canada at least, Metis often share Indians’ problems with health, poverty, and discrimination.¬† It might be interesting to investigate whether American Metis are worse-off in these ways than any of their non-Indian cousins, and perhaps more like their Indian cousins in this regard than currently suspected.

If Mixed-Blood profile, roots, and culture(s) could be raised in this country, their groups might be able to take pressure off needy Native communities.¬† Indians or Tribes¬†could help with this perhaps.¬† But as currently understood here, no Metis group as such has any claim on the U.S. (except perhaps the couple cheated out of “Halfbreed Reservations” promised in Indian [sic] Treaties in the Midwest), and so like the group linked above, their aspirations are mostly less tangible and more voluntary.

The other thing is that Halfbreedness in the US has been mostly a highly-localized phenomenon, somewhat below-the-radar, with few if any of the larger kinds of groups, communities, and cultures that developed in what is now Canada – even a couple short-lived regional Republics in the Plains!¬† (This Wikipedia piece, while somewhat semi-comprehensive,¬†focuses on the Plains Metis of Canada, especially their French-derived; this one, on what might be called Plains British-derived Metis; these links provide a bare hint that there are Metis in and rooted in Central and Eastern Canada; this site seeks to do much better, as does this one.¬† This document suggests that at one point ALL QUEBEC¬†could be¬†considered a Metis Reserve, and this long and quirky but rewarding one, that most French-Canadians are in fact Metis, “Creole [continental] North America,” not-quite-White, not-quite-French!)¬† As the links in parentheses indicate, Metis have a higher profile in Canadian history than here.¬† In fact it has been documented that many of the ‘border tribes’ the US warred with, stretching from the Great Lakes to Texas, were in fact Mixed-Blood Nations.¬† And many “White” cities from the Midwest to the¬†Northwest were founded by Metis, even Francophones, even immigrants from Canada.¬† But in US historiography – as in fiction, movies, TV shows, etc. – ” ‘Breeds” usually have to choose between Native and Settler peoples.¬† [How many Old West cowboys were Metis / Mestizo???]¬† And so we have more than 200 relatively-tiny, loosely-organized communities in the Eastern U.S., identified¬†around 1960 by Brewton Berry in Almost White, and by others before and since, most with a tradition of Native roots as well as Old World(!), most of whose neighbors seek to deny them any origins sounding more ‘exotic’ than mixed-Black-and-White: Nanticokes, “Turks,” “Portuguese,” Brass Ankles, Redbones, “Blackfoot Cherokee,” Melungeons, “Moors,” etc etc etc.¬† (OTOH, it’s highly likely that many of the early-modern Blacks and Whites invoked, had acquired Indian ancestry too, since¬†Indians were enslaved as part of the Greater-Atlantic Slave Trade since the 1400s or earlier [sic], according to Powhatan-Renape¬†/ Lenape Metis¬†Jack Forbes.)¬† And culturally, often these have been forced ‘underground,’ to largely assimilate to surrounding White or Black communities – though always retaining a certain distinctiveness, even if often uncertain to others or even themselves or their kin, or “hidden in plain sight”¬†–¬†unlike the ingenious blended Euro-Indian culture(s) of Metis in Canada.

THEN AGAIN, this US group thinks the solution isn’t to go along with the problem, but to challenge it head-on – “apply directly to the forehead,” so to speak! – not by simply joining the competition for a small or even shrinking pie, but with greater numbers to get the pie enlarged!¬† (They do perceive a need in the US Metis community similar to that in the Native-identified community.)¬† By some estimates one in three people in the U.S. has Native ancestry!¬† Imagine THAT Mixed-Blood Nation – 100 million registered voters!

In true Native fashion, one wants to honor “All My Relations.”¬† But how to do that – ah, that is politics!