Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty Through Sexual Assimilation

Posted in Articles, History, Law, Media Archive, Native Americans/First Nation, United States on 2011-05-17 02:42Z by Steven

Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty Through Sexual Assimilation

Wisconsin Law Review
Volume 2007, Number 2 (2007-01-12)
pages 410-461

Carla D. Pratt, Associate Dean for Academic Affairs and Educational Equity; Nancy J. LaMont Faculty Scholar and Professor of Law
Pennsylvania State University

I. Introduction

When the United States Supreme Court struck down Virginia’s miscegenation statute forty years ago, everyone understood that the Court was eroding the formal barrier between blacks and whites. Although there has been healthy disagreement about Loving v. Virginia, including whether it provides the precedent for legal endorsement of same-sex marriage, scholars generally agree that the Virginia statute which Loving struck down was not a law proscribing miscegenation generally, but merely prohibiting miscegenation with a white person. Commentators have generally recognized the Virginia legislators’ choice to structure the law in this way as being aimed at preserving white racial purity and ensuring that white women were reserved exclusively for white men. Ostensibly the law was insouciant regarding the intimate relations of people of color, but a closer look betrays its impact on interracial relations between people of color.

Further, state miscegenation laws that ultimately permitted whites to marry Indians aided the assimilation of Indians into mainstream white America by operating as a form of racial rehabilitation. Indian assimilation, however, required more than Indians intermarrying with whites; it required the total indoctrination of Indians into the system of white supremacy. This meant that Indians needed to adopt white sexual mores, including the aversion to race-mixing with blacks.

This Article calls this process—which operated as the pathway to Indian acceptance in American society and privileged Indians over blacks—“sexual assimilation.” While sexual assimilation was aimed at cultural genocide from the federal perspective, it paradoxically played a role in preventing Indian cultural extinction by helping to maintain tribal sovereignty.

Scholars have generally characterized Loving as a case about the line separating whites from blacks. Within the subtext of Loving, however, lies a narrative about the line separating Indians from blacks. Virginia’s miscegenation law employed a eugenics-based racial classification to legally construct Mildred Loving as “Negro,” but her true racial identity contained a Cherokee Indian component. Mildred was herself a product of race mixing. Furthermore, while Mildred’s mixed racial identity may lead one to believe that—as some scholars have suggested—Indians intermarried with blacks freely and frequently, the miscegenation laws of several tribes impart a counternarrative that portrays some Indian communities as viewing marriage to blacks as taboo.

Despite all of the discussion about miscegenation laws that Loving has generated, there has been little discussion about the American Indian Nations’s enactment of miscegenation laws. Perhaps this paucity of literature is due to the fact that Loving had no precedential effect in tribal miscegenation law since tribes are sovereigns that are, in many respects, independent of federal regulation. Nonetheless, an examination of Loving is incomplete without an examination of the role that state miscegenation laws played in Indian communities in the scheme to maintain the boundaries of racial categories and the struggle to maintain tribal sovereignty. An examination of tribal miscegenation law yields a better understanding of how state miscegenation laws affected nonblack people of color such as Native Americans, who were often political casualties of state and federal laws designed with a black-white paradigm in mind. In fact, Native Americans found themselves wedged in the middle of the black-white models of racial subordination and ultimately adjusted to the existing racial hierarchy through social and legal assimilation.

The fact that several Indian tribes adopted miscegenation laws similar to the law struck down in Loving raises important questions. Why did these particular tribes adopt miscegenation laws? What role did the adoption of miscegenation laws play in the tribe and its interaction with state and federal governments? What role did tribal miscegenation laws play in the acculturation of Indians, and what legacy have these laws left for the tribes’ contemporary understanding of self?

This Article examines tribal miscegenation laws in an effort to locate some potential answers to these questions. This Article is not proffered as a definitive answer to the questions posed, but as a contribution to the emerging dialogue aimed at developing a collective understanding of the social, historical, and political context in which such laws arose and operated. This Article deviates from the traditional binary paradigm of exploring how miscegenation laws affected blacks and whites and explores how miscegenation laws affected nonblack people of color and their relations with blacks. Thus, it reveals that the statute at issue in Loving and similar race-preserving laws indirectly regulated interracial relations between certain nonwhite groups.

Part II of this Article explores the substance of tribal miscegenation laws—and their legal and political context—in an effort to better understand why tribes adopted such racially isolating laws. Part III examines how state miscegenation laws affected Native Americans as well as the role of tribal miscegenation laws in maintaining individual and communal Indian identity and tribal sovereignty. Part IV questions whether tribal miscegenation laws, despite their repeal, help explain contemporary tribal conflicts between blacks and Indians. Part V concludes that extant legal disputes between the tribes and African Americans who claim membership in those tribes are derivatives of the project of sexual assimilation of Indian people. This suggests that both the tribes and African Americans who claim a Native American identity could benefit from a better understanding of the historical sociolegal context in which contemporary notions of Indian identity are rooted…

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Between Race and Nation: The Plains Metis and the Canada-United States Border

Posted in Anthropology, Canada, Dissertations, History, Media Archive, Native Americans/First Nation, United States on 2011-05-12 01:12Z by Steven

Between Race and Nation: The Plains Metis and the Canada-United States Border

University of Wisconsin, Madison
May 2009
419 pages
Publication Number: AAT 3384469
ISBN: 9781109476347

Michel Hogue, Assistant Professor of History
Carleton University, Ottawa, Ontario, Canada

Submitted to the Graduate School of the University of Wisconsin-Madison in partial fulfillment of the requirements for the degree of Doctor of Philosophy

This dissertation examines how the Plains Métis both experienced and shaped their incorporation into two nation-states: the U.S. and Canada. It explores how, as the northern Plains were pulled into the economic, political, and social orbits of distinct metropolitan centers, the social category of race emerged as a key measure of the boundaries of citizenship within new nation-states. The study encompasses a critical time period when ideas about race and the differences it marked were in flux. Set in a place that straddled national borders, where national territorial claims were weak, and where national borders marked different legal regimes, it explores the question of how and why mixed racial groups in North America formed or failed to form. This study asks, What effect did the new political boundaries and racial hierarchies emerging within these new states have on the potential for the creation of the Métis as a distinct people?

The study shows that, as this borderland world became more closely tied to national economies and polities through the nineteenth century, the socio-legal categories of nationality and race became key faultlines that circumscribed Métis claims to belonging in both countries. Incorporative projects, whether commercial or national, initially allowed Plains Métis communities to flourish. But, as settler-based societies supplanted fur trade societies, social relations changed dramatically. Even in Canada, where distinct legal and conceptual categories existed for people of mixed Indigenous and white ancestry and where fur trade interactions had given rise to separate Métis communities in other parts of the country, recurring questions about nationality and race undercut Plains Métis attempts to secure a more permanent place in the borderlands. The precise meanings of the categories of race and nation—or who could be included within them—remained the subject of intense negotiation among officials, the Métis, and their Indigenous neighbors. Ultimately, the absence of appropriate legal frameworks for the recognition of mixed-race groups and state willingness to guarantee the corporate rights of those groups created significant barriers for the continuation of separate, identifiable Plains Métis borderland communities.

Table of Contents

  • Acknowledgements
  • List of Figures
  • Note on Terminology
  • INTRODUCTION: Remapping Plains Metis History from the Borderlands
  • CHAPTER ONE: Creating a Metis Borderland, 1800-1840
  • CHAPTER TWO: Fur Trade, Free Trade, and the Franchise: The Politics and Economics of Metis Borderland Settlements, 1840-1870
  • CHAPTER THREE: Crossing Boundaries: The Plains Metis in Montana, 1869-1878
  • CHAPTER FOUR: White, Indian, Metis: Race and Incorporation on the Canadian Prairies, 1869-1879
  • CHAPTER FIVE: Dismantling Plains Metis Borderland Settlements, 1879-1885
  • CHAPTER SIX: Scrip & Enrollment Commissions and the Shifting Boundaries of Belonging, 1885-1920
  • CONCLUSION
  • BIBLIOGRAPHY

List of Figures

  1. “Heart of a Continent”
  2. Northern Plains in the 1860s
  3. Metis Wintering Sites, 1840s-1870s
  4. Metis Migrations
  5. Northern Plains in the 1870s
  6. Reduction of Montana Indian Reservations, 1885-95

Purchase the dissertation here.

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New Guinea: Racial Identity and Inclusion in the Stockbridge and Brothertown Indian Communities of New York

Posted in Anthropology, Articles, History, Identity Development/Psychology, Media Archive, Native Americans/First Nation, United States on 2011-05-08 18:28Z by Steven

New Guinea: Racial Identity and Inclusion in the Stockbridge and Brothertown Indian Communities of New York

New York History
Volume 90, Number 3 (Summer 2009)
23 paragraphs

Christopher Geherin

In 1818 the Stockbridge Indians initiated a series of land sales to the state of New York in order to finance the relocation of the tribe further west. By 1830, the Stockbridges had engaged in some thirteen land treaties, ceding more than 20,000 acres to the state. By the treaty of October 1, 1825, the tribe ceded another 1,436 acres of its land, including a distinct tract of 361.88 acres on the southern border of the community known by the name of New Guinea. An oft-cited history asserts that the Stockbridges had granted this tract to a colony of freed slaves who arrived circa 1800 from the Mohawk Valley. Here, New Guinea settlers are identified as including the Baldwin, Cook, Fiddler, Mitop, and Welch families. An earlier source corroborates the identification of John Baldwin as a settler on the New Guinea tract, adding also the name of Nathan Pendleton. Literature pertaining to the tract remains sparse, and the assumption that its inhabitants were former African slaves has persisted. That individuals of African descent were living at New Stockbridge is substantiated. As early as 1796, the Reverends Belknap and Morse noted the presence of free blacks in Stockbridge and Oneida villages. Similarly, Stockbridge missionary John Sergeant mentioned preaching to a small nearby settlement of mulattos. The 1825 Stockbridge treaty itself names no occupant of the four New Guinea lots, nor does the associated surveyor’s field book. Other evidence, however, identifies the inhabitants and reveals that the families of New Guinea possessed a more complex heritage than their characterization as freed slaves would suggest. Furthermore, the histories of the New Guinea settlers offer a valuable perspective on racial identity in the Stockbridge and Brothertown Indian communities—particularly in regard to intermarriage with African-Americans—and on racial integration in western New York in the early decades of the nineteenth century.

In recent years, historians have begun to render a fuller picture of a Native American identity as complex and fluid as any notion of an “American” identity itself, as diverse as eighteenth- and nineteenth- century perceptions of “Indian” were typically static and monolithic. Intermarriage with African-Americans represents an important facet of the evolving nature of that identity. At the same time that such intermarriage increased in native communities after the American Revolution—due to declining tribal populations as well as simple proximity—racial sensibilities were developing in American society; more and more preoccupied with racial distinctions, Americans began to categorize people according to heritable and fixed “racial” traits. This emerging ideology had implications for native communities. After the Revolution, “models of Indian citizenship were becoming more English,” and a number of New England tribes moved to restrict acceptance of Africans, largely because of diminishing land and a paucity of eligible men. Intermarriage with Africans became an even more divisive tribal issue in the nineteenth century, influenced in part by the growing insistence in larger society that to be “Indian” required an absence of racial intermixture. Any African descent came to be viewed as eclipsing Indian ancestry. Native Americans with discernible African heritage (and often without) were categorized as black, negro, mulatto, or colored, a practice demonstrated by white and tribal authorities. Both the Brothertown and Stockbridge tribes assimilated this standard, with the Stockbridges in particular manifesting the mutable character of racial consciousness. In 1824 the Stockbridge tribal council formally adopted William Gardner, identifying him as Narragansett. But in 1826 the legislature of New York defined Gardner as “coloured,” and by the 1870s the tribe sought to exclude the Gardners by characterizing the family as “negro.” (This was not the case for Stockbridge and Brothertown Indians of European ancestry.) Despite studies enriching our understanding of the diversity of Native American identity, examinations of the acculturated, multiracial, and multitribal communities of New Stockbridge and Brothertown remain lacking.

Formerly from Massachusetts, the Stockbridges—or Muhheakunnuck as they refer to themselves—are a Mohican tribe that resettled in New York in the mid-1780s. The Stockbridge Mohicans originated as an amalgamation of diverse Algonquian groups living between the Hudson and Housatonic River Valleys. The Stockbridge tribe itself came into existence in 1734 as a Protestant mission community resulting from negotiations between Housatonic-Mohican villages and the Massachusetts provincial authorities. In that year, missionary John Sergeant, Sr., began work in the town of Stockbridge at the invitation of the tribe. In a progressive measure for the era, the Stockbridges shared with their English neighbors the governance of their township. Stockbridge warriors fought with the British during with French and Indian War, but, along with the Oneidas, sided with the American colonists in the Revolution. Despite this history and acculturation, however, the Stockbridges continued to face increasing pressures from white settlers in their Massachusetts home.

In 1773 seven other tribes from New York and southern New England formulated a plan to move west together to land among the Six Nations of Iroquois. Though also Christianized and acculturated, the so-called New England tribes had not been integrated into surrounding white society, and found themselves struggling to survive culturally, economically, and literally after decades of poverty, depopulation (due to disease and participation in colonial wars), and dispossession of their lands. They had come to believe that their vision of a Christian Indian community practicing European habits of agriculture could only be realized apart from whites. They also embraced a calling to Christianize and civilize their Six Nations comrades, and had undertaken missionary work among the Oneidas in the 1760s. Implementing their plan to emigrate, representatives from the seven tribes lamented to the Six Nations that the situation in New England had become so dire as to preclude their remaining there. In 1774 the Oneidas responded by designating a tract southeast of Oneida Lake in Madison and Oneida Counties for use by these various tribes, later to be known collectively as the Brothertown Indians.

The current study concerns the integration of people of African descent in the transplanted, multitribal communities of New Stockbridge and Brothertown—in particular on a specific tract in New Stockbridge—and does not explore this issue among the Oneidas who welcomed them. Beyond the distinct history of tribal relocation and amalgamation, it is also worth noting significant cultural differences between the Stockbridge and Brothertown Indians and their Oneida benefactors. Unlike the Christian communities of New Stockbridge and Brothertown, potent and enduring factions within the Oneida tribe continued to resist the very acceptance of aspects of European culture, including agriculture and Christianity. Still, the Oneidas, too, constituted a multi-ethnic, multiracial community. (This despite disparaging the Brotherton Delawares who joined the Stockbridges in 1802 as “those newcomers from New Jersey, who consist of Indians, mulattoes and some white women connected with Indians.”) In 1796 Belknap and Morse reported that “among the Oneidas there is scarcely an individual who is not descended on one side from Indians of other nations, or from English, Scots, Irish, French, German, Dutch and some few, from Africans.” By welcoming the beleaguered New England tribes among them, the Oneidas sought to bolster their standing with their fellow Iroquois and deflect the State of New York’s acquisitive land efforts. It was also no coincidence that the land they offered stood on the eastern border of their territory, thus serving as a buffer against encroaching white settlement…

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Shady’s Back

Posted in Articles, Barack Obama, Identity Development/Psychology, Media Archive, Native Americans/First Nation, Oceania, Politics/Public Policy, Social Science, United States on 2011-05-02 03:39Z by Steven

Shady’s Back

New Matilda
Surry Hills NSW, Australia
2011-05-02

Jennifer Mills

As Obama is called to prove his place of birth, Indigenous Australians are being asked to account for their origins too. Not black enough, not white enough: Jennifer Mills on public anxiety about biracial identity

The release of Obama’s birth certificate by the White House on Thursday has drawn a variety of responses—from conspiracists’ disbelief in its veracity to analysts’ disbelief in its necessity. Some say it arrives too late to dispel doubts about his origins, and others that Obama has cleverly sprung a right-wing trap by drawing conspiracists out.

At the same time, the case of nine Aboriginal people seeking an apology from Andrew Bolt for two columns in which he questioned their right to claim Aboriginal heritage has been fuelling public discussion, the best thing about which has been its domination by the voices of Indigenous women. The argument that Aboriginal people should be the ones who choose who gets to be Aboriginal has been made well elsewhere. But the fact that these discussions are happening with such vitriol and in the public sphere is worth noting, as it says more about the culture at large than about any of the individuals involved.

Where does this yawning discomfort and anxiety around biracial or multicultural identities come from? Are we seeing a return to blood quantums or to centralised, institutional definitions of race? Why does it matter if you’re black and white?

…The release of the birth certificate may achieve little, because it doesn’t address the real question of the birthers, to whom Obama will continue to exhibit a certain uncomfortable quality which the easily frightened are apt to label “foreignness.” There is indeed “something shady” about Obama—his colour. There is a vagueness about him which threatens those who seek to categorise and divide. That vague quality is a multicultural identity…

Race is a fiction, an invention. It doesn’t show on a family tree, it can’t be proven with birth certificates or in a court of law. A legal definition of Indigenousness would be dangerously divisive, just as it is in the United States where Certificates of Degree of Indigenous Blood are still controversially issued by the Bureau of Indian Affairs. Blood quantum laws in the US date back to the early 18th century and were used as a colonial tool to keep track of Indigenous populations. Now most sovereign tribes make their own definitions of Indigenous heritage and tribal membership. In Australia, the legal definition is similarly loose, autonomous and consensus based…

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“A Being of a New World:” The Ambiguity of Mixed Blood in Pauline Johnson’s “My Mother”

Posted in Articles, Literary/Artistic Criticism, Media Archive, Native Americans/First Nation, Women on 2011-04-25 03:32Z by Steven

“A Being of a New World:” The Ambiguity of Mixed Blood in Pauline Johnson’s “My Mother”

MELUS
Volume 27, Number 3, Native American Literature (Autumn, 2002)
pages 43-56

Margo Lukens, Associate Professor of English
University of Maine

Studying mixed-blood/Métis history reveals that an overwhelming number of unions between Europeans and Native people happened between a European man and a Native woman. Sylvia Van Kirk has illustrated this demographic pattern in her work on the importance of Native women to the development of the fur trade in Canada; others, such as Jennifer Brown, corroborate the story of the creation of the Métis people by men from France or the British Isles and women from “the country,” members of Native groups who were instrumental in helping white men survive and establish their link to North American land. A specific mythology describing the men and women of these cross-cultural unions, and their children as well, grew in the imaginations of the Europeans intent upon describing their own occupation of the land and what they came to conceive of as their Manifest Destiny to spread the civilization they knew over the face of the continent. The mythology typified the Native women of these unions as drudges and as sexual temptresses, ready to cleave to their white spouses or melt inconspicuously back into their tribes once their husbands left them behind to care for their unacknowledged and genetically compromised children. The European men could, in this mythology, choose to return to French or English wives without penalty for their foray “into the country;” only those who chose to thrust their mixed-blood children upon society’s notice or “squaw-men” who remained with Native wives for life risked social disapproval and marginaliation.

What, then, of the handful of people experiencing unions with the genders reversed? Perhaps because of the Europeans’ inability to imagine these unions, they are largely undescribed by the mythology; perhaps because historical circumstance brought European men to America in large numbers without European women as companions, there was little necessity for a descriptive mythology to arise, except perhaps as a prohibitive tool; perhaps the fear of exposing their women to the attentions of men from outside shaped the European colonial project to be a male journey into an unknown and feminine landscape. Whatever the reasons, no comparable mythology existed for the union of a Native man and European woman. (2) In the work of Pauline Johnson, daughter of a Mohawk man and an English woman, we can see the tension generated by an attempt to create such a mythology of self-identity.

Pauline Johnson was born in 1861 on the Six Nations Reserve in the Grand River valley near Brantford, Ontario, the daughter of George Henry Martin Johnson, a Mohawk chief who was one-quarter Dutch, and Emily Susanna Howells, whose family had emigrated from England when she was eight years old. Because Canadian law identified as Indians women whose fathers or husbands were Indians, her status was Indian even though five of her eight great-grandparents were Europeans. She grew up in an English-style household on the Reserve, where she was educated partly by an English governess at home and partly at the Reserve school, idealizing the Indianness of her father and learning to claim the Mohawk part of her heritage with pride; as her biographer Betty Keller says, Pauline Johnson “credited everything in which she excelled to her Indian blood” (54)…

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A Geographic Analysis of White-Negro-Indian Racial Mixtures in Eastern United States

Posted in Anthropology, Articles, History, Media Archive, Native Americans/First Nation, Tri-Racial Isolates, United States on 2011-04-19 04:56Z by Steven

A Geographic Analysis of White-Negro-Indian Racial Mixtures in Eastern United States

Annals of the Association of American Geographers
Volume 43, Number 2 (June 1953)
pages 138-155

Edward T. Price
Los Angeles State College

A Strange product of the mingling of races which followed the British entry into North America survives in the presence of a number of localized strains of peoples of mixed ancestry. Presumed to be part white with varying proportions of Indian and Negro blood,** they are recognized as of intermediate social status, sharing lot with neither white nor colored, and enjoying neither the governmental protection nor the tribal tie of the typical Indian descendants. A high degree of endogamy results from this special status, and their recognition is crystallized in the unusual group names applied to them by the country people.

The chief populations of this type are located and identified in Figure 1, which expresses their recurrence as a pattern of distribution. Yet each is essentially a local phenomenon, a unique demographic body, defined only in its own terms and only by its own neighbors. A name applied to one group in one area would have no meaning relative to similar people elsewhere. This association of mixed-blood and particular place piques the geographic curiosity about a subject which, were it ubiquitous, might well be abandoned to the sociologist and social historian. What accounts for these cases of social endemism in the racially mixed population?

The total number of these mixed-bloods is probably between 50,000 and 100,000 persons. Individually recognized groups may run from fewer than 100 to as many as 18,000 persons in the case of the Croatans of North Carolina. The available records, the most useful being old census schedules,’ indicate that the present numbers of mixed-bloods have sprung from the great reproductive increase of small initial populations; the prevalence in each group of a small number of oft-repeated surnames is in accord with such a conclusion.   The ancestors of the mixed-bloods…

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Mark Tawin’s Mississippi: Race, 1800-1850

Posted in Articles, History, Media Archive, Native Americans/First Nation, United States on 2011-04-12 21:32Z by Steven

Mark Tawin’s Mississippi: Race, 1800-1850

Mark Twain’s Mississippi
Project Partners: Northern Illinois University Libraries, The Newberry Library, The St. Louis Mercantile Library, Tulane University Libraries and  University of California, Berkeley
Made possible by a grant from the Institute of Museum and Library Services
2005

Peter J. Kastor, Associate Professor of History and American Culture Studies Program
Washington Unviversity in St. Louis

The changes in the Mississippi Valley from 1800-1850 represented a condensed version of the broader changes that would occur throughout North America during the eighteenth and nineteenth century. Not only did the last vestiges of Indian power collapse in the faced of white supremacy, but the fluid and complex relationships that had marked life for so long gave way to an increasingly simplistic racial hierarchy.

All of the factors at work in the Mississippi Valley—demography, commerce, diplomacy, and culture—came together to reshape these racial relationships. For example, the Europeans who vied for control of the Mississippi in 1800 may have each sought racial control, but they lacked the diplomatic power to do so. Meanwhile, the relative scarcity of white settlers made the Europeans dependent on Indians for trade. Indians welcomed this state of affairs, since the needs of Europeans for diplomatic allies or for trading partners often placed Indians in advantageous situations. Nothing exemplified this state of affairs better than the large population of mixed-race peoples who occupied the Mississippi Valley. In addition to the Métis in the mid and upper Mississippi Valley, the lower Mississippi Valley was home to a large population with African and European ancestry. That mixed-race population formed the majority of the free people of color in New Orleans, the largest and most prosperous free black community anywhere in North America. These mixed-race populations all secured their goals by exploiting the economic and diplomatic realities that continued to shape life on the Mississippi…

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Multicultural Artist and Educator to Speak at UVU

Posted in Articles, Asian Diaspora, Identity Development/Psychology, Live Events, Media Archive, Native Americans/First Nation, United States on 2011-04-01 02:33Z by Steven

Multicultural Artist and Educator to Speak at UVU

Utah Valley University
Orem, Utah
2011-03-24

Jim Rayburn

Louie Gong, a nationally-recognized artist and mixed-heritage advocate, will speak at Utah Valley University on March 31 at 2 p.m. at the Sorensen Student Center, room 206A.

Gong—of Nooksack, Squamish, Chinese, French and Scottish descent—is known best for his custom-designed Vans and Converse shoes and is a national leader in the discourse about mixed-race identity. He is a self-taught artist whose mash-up of traditional and pop culture influences is resonating with people all over the world. His Coast Salish-style artwork is especially popular with skateboarders…

…His remarks on March 31 will be centered on the realities of modern society while maintaining one’s cultural heritage…

Read the entire press release here.

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Half-Breed Citizenship Bill, 1857

Posted in History, Law, Media Archive, Native Americans/First Nation, United States on 2011-03-29 22:03Z by Steven

Half-Breed Citizenship Bill, 1857

Oregon State Archives
Echoes of Oregon History Learning Guide

A Bill
 
To enable certain Half Breeds to acquire the rights of citizenship within this Territory.Section1. Be it enacted by the Legislative Assembly of the Territory of Oregon. That any person, being the child of a white father and an Indian mother, and therefore disfranchised by existing laws, may be admitted to the privileges of citizenship, by the District Court, upon satisfactory proof that he is a permanent resident and land owner of the county or district, and can speak read and write the English language, and has in all respects the educatio habits and associations of a white person, and would, if he were a white person, be a citizen of the United States or entitled to admission as such, and is a person of good moral character and in all respects worthy to enjoy the said privileges. The District Court shall make a record of such admission and grant to the applicant a certificate thereof which shall entitle him to enjoy, during the pleasure of the Legislative Assembly, all the rights privileges and immunities of a citizen of the United States within this Territory as fully as it is competent for the Territory to grant the same.

Sec. 2. This act shall take affect from the time of its passage.

Background

American immigrants in Oregon Territory disliked people of mixed Indian-white parentage. In 1855, the territorial government passed a law which prevented mixed race men from becoming citizens. This bill is an attempt to gain these rights for the children of white fathers and Indian mothers, subject to the satisfaction of certain requirements. Many white citizens would have been unable to satisfy these requirements, which included proof of literacy and good moral character. This bill did not pass.

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“Abominable Mixture”: Toward the Repudiation of Anglo-Indian Intermarriage in Seventeenth-Century Virginia

Posted in Articles, History, Law, Media Archive, Native Americans/First Nation, United States, Virginia on 2011-03-28 02:53Z by Steven

“Abominable Mixture”: Toward the Repudiation of Anglo-Indian Intermarriage in Seventeenth-Century Virginia

The Virginia Magazine of History and Biography
Volume 95, Number 2 (April, 1987)
pages 157-192

David D. Smits, Professor of History
The College of New Jersey

Students of Amerindian-white relations have long ascribed to the English colonists an aversion to race mixing, especially through intermarriage, with the North American natives. To be sure, it is recognized that there was some Indian-white interbreeding, and even marriage, on all Anglo-American frontiers, but proportionately less than in Franco- and Hispanic-America. Virginia’s well-known marriage of John Rolfe to Pocahontas did not establish a widely imitated precedent for Anglo-Indian matrimony in the colony. A 1691 Virginia law prohibiting Anglo-Indian marriage and informal sexual unions surely indicates that they occurred; with a few notable exceptions, however, the Englishman who took a native wife, concubine, or mistress violated the colony’s mores…

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