Shaky Ground: How the United States Uses the Law to Steal Indigenous Land – In These Times

 

 

A review of Peter d’Errico’s Federal Anti-Indian Law: The Legal Entrapment of Indigenous Peoples, an indictment of a legal system with the unflinching goal of stealing as much land as possible.

Despite its confusion and contradictions, federal Indian law — in d’Errico’s terms, ​anti-Indian law” — has long had an unchanging purpose. By destroying Native individuals and communities, it has helped the rich and powerful scoop up vast lands and resources. This landgrab is accomplished in part because what’s typically called federal Indian law is hardly a systematic set of statutes. Instead, according to d’Errico, it’s what mid-20th-century U.S. Supreme Court Justice Felix Frankfurter called ​a vast hodge-podge” and covers all areas of Indigenous life and activity with a massive array of U.S. court decisions, laws, executive orders and agency regulations that have piled up over the years in a disorderly and improvised fashion.

Kent McNeil, a professor emeritus at Osgoode Hall Law School at York University in Toronto, calls d’Errico’s Federal Anti-Indian Law ​a frontal attack on the whole field of American law pertaining to Indigenous peoples.” He lauds it as a ​must-read” for those wanting to understand what motivates any claims that the dispossession of Indigenous people has been legally sound. Similarly, Robert Maxim, a senior research associate at the Brookings Institution and a Mashpee Wampanoag tribal citizen, hails the book as ​important and enlightening for all people, Indigenous and non-Indigenous alike.”

Throughout the chaos, the application of U.S. law to Indigenous people has had an unflinching goal: theft.

 

 

Source: Shaky Ground: How the United States Uses the Law to Steal Indigenous Land – In These Times

Bruce’s Beach: Los Angeles to pay $20m for land seized from Black family

California’s reparations task force acts.

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The monument and plaque at Bruce's Beach, photographed in 2021
A commemorative monument at the beach is often adorned with tributes – and a wedding photo of the pioneering Bruces

By Max Matza

BBC News

Los Angeles has agreed to pay $20m (£16.7m) for a beach that was seized from a black family in the 1920s and returned to their heirs this summer.

Bruce’s Beach was purchased in 1912 to create a resort for black people at a time of widespread racial segregation.

Located in the desirable city of Manhattan Beach, it was forcibly taken by the local council in 1924.

The Bruce descendants would be rich already if their land was never taken, said a LA official announcing the sale.

“The seizure of Bruce’s Beach nearly a century ago was an injustice inflicted upon not just Willa and Charles Bruce but generations of their descendants who almost certainly would have been millionaires,” said Janice Hahn, chairwoman of the LA County Board of Supervisors.

“This fight has always been about what is best for the Bruce family, and they feel what is best for them is selling this property back to the county for nearly $20m and finally rebuilding the generational wealth they were denied for nearly a century,” she continued in her Tuesday statement.

“This is what reparations look like and it is a model that I hope governments across the country will follow.”

Reparations are restitution for slavery – an apology and repayment to black citizens whose ancestors were forced into the slave trade. But whether the government should make payments, and how they should be doled out, is politically controversial.

Willa and Charles Bruce bought the two lots of land for $1,225 in 1912, telling a reporter at the time: “Wherever we have tried to buy land for a beach resort, we have been refused, but I own this land and I am going to keep it.”

But the local police department put up signs limiting parking to 10 minutes, and another local landowner put up no trespassing signs, forcing people to walk half a mile to reach the water. They even faced threats from the racist Ku Klux Klan terror group.

The beach, seen from above
The beach, seen from above

When those measures failed to deter visitors, the local authorities seized the land under eminent domain laws – designed to let the government forcibly buy land needed for roads, and other public buildings.

Officials claimed they planned to build a park. That did not happen until the 1960s, and the area remained vacant in the interim.

In June, the county returned the land to the family, and agreed to keep leasing it from them for $413,000 a year in order to continue operating a county lifeguard training centre located on the beach.

Anthony Bruce, a great-great-grandson of Willa and Charles, told an audience who attended the beachside transfer ceremony that the seizure had “destroyed” his ancestors.

“It destroyed their chance at the American Dream. I wish they could see what has happened today,” he said.

Anthony Bruce, the great-great grandson of Charles and Willa Bruce, speaks at a press conference
Anthony Bruce, the great-great grandson of Charles and Willa Bruce, spoke at a press conference

Earlier this year, California’s first-in-the-nation reparations taskforce announced the controversial decision to limit payments to the descendants of black slaves only.

The nine-member government panel must deliver a report to the governor by next year, with a plan for how the payments will be made.

The Cruelty Is the Point

“The Cruelty Is the Point: WHY TRUMP’S AMERICA ENDURES”

By Adam Serwer

BOOK OVERVIEW

“To many, our most shocking political crises appear unprecedented—un-American, even. But they are not, writes The Atlantic’s Adam Serwer in this prescient essay collection, which dissects the most devastating moments in recent memory to reveal deeply entrenched dynamics, patterns as old as the country itself. The January 6 insurrection, anti-immigrant sentiment, and American authoritarianism all have historic roots that explain their continued power with or without President Donald Trump—a fact borne out by what has happened since his departure from the White House.

Serwer argues that Trump is not the cause, he is a symptom. Serwer’s phrase “the cruelty is the point” became among the most-used descriptions of Trump’s era, but as this book demonstrates, it resonates across centuries. The essays here combine revelatory reporting, searing analysis, and a clarity that’s bracing. In this new, expanded version of his bestselling debut, Serwer elegantly dissects white supremacy’s profound influence on our political system, looking at the persistence of the Lost Cause, the past and present of police unions, the mythology of migration, and the many faces of anti-Semitism. In so doing, he offers abundant proof that our past is present and demonstrates the devastating costs of continuing to pretend it’s not. The Cruelty Is the Point dares us, the reader, to not look away.”

MORE about the book

ABOUT ADAM SERWER

Adam Serwer has been a staff writer for the Ideas section of The Atlantic since 2016, focusing on contemporary politics, often viewed through the lens of history. He is the recipient of the 2015 Sigma Delta Chi award for commentary,… More about Adam Serwer

‘The Fried Chicken Capital’: Where Racial Progress Began Along The Rails : The Salt : NPR

‘The Fried Chicken Capital’: Where Racial Progress Began Along The Rails

Waiter carriers pass food to passengers on a train stopping in Gordonsville, Va., in this undated photo. After the Civil War, local African-American women found a route to financial freedom by selling their famous fried chicken and other home-made goods track-side.

Courtesy of the Town of Gordonsville

Fried chicken is a racially fraught food. Historically, it’s been associated with racist depictions of African-Americans, and today, some still wield the fried-chicken-eating stereotype as an insult. But in some cases, the food itself has provided a path toward financial freedom for blacks.

Take the town of Gordonsville, Va., for example. As Lauren Ober of NPR member station WAMU recently reported, in the latter half of the 1800s, the town gained fame as the “Fried Chicken Capital of the World.” And the reasons why date back to the rise of the railroad.

By the time the Civil War broke out, the town was a main stop on two rail lines. It was also a major transportation hub for produce coming from Virginia’s Shenandoah Valley.

But those trains didn’t have dining cars, and local African-American women found a business opportunity in hungry passengers. The women would cook up fried chicken, biscuits, pies and other tasty goods and sell them from the train platform, passing the food over to passengers through the open windows.

Waiter carriers sell their wares along the platform. According to Williams-Forson’s book, Bella Winston’s mother is one of the women pictured in this photo.

Courtesy of the Town of Gordonsville

These vendors, known as waiter carriers because they had to transport the food a long way to get to the station, developed a reputation for their culinary skills, according to Psyche Williams-Forson, an associate professor of American Studies at the University of Maryland.

“Some people would deliberately chart their way through Gordonsville because they knew they would encounter these women and those particular foodstuffs,” Williams-Forson tells Ober.

For the waiter carriers of Gordonsville, fried chicken became an avenue of economic empowerment after the Civil War. The title of Williams-Forson’s 2006 bookBuilding Houses Out of Chicken Legs: Black Women, Food and Power, is a nod to this entrepreneurial legacy: Bella Winston, an 80-year-old former waiter carrier, who learned the trade from her mother, told a local newspaper in 1970, “My mother paid for this place with chicken legs.”

That degree of economic independence was rare for African-Americans post-emancipation, Gordonsville Mayor Bob Coiner tells Ober:

“At the end of the Civil War, when we have new freedoms for people, they’re put in a position where they need jobs,” says Coiner, whose family has lived in Gordonsville for many generations. “The situation was bad before, but you could count on the situation. Now it was a big unknown.”

The waiter carriers were part of a larger tradition of African-American women who found economic independence — in some cases even buying their own freedom — through their cooking skills. Indeed, one of the first cookbooks published by a black woman in America was put out by an ex-slave woman in 1881.

WWilliams-Forson writes that the historical record is sparse when it comes to Gordonsville’s fried chicken vendors. But, she tells Ober, “I think it’s important to talk about it, because it reflects some level of agency that some African-Americans were able to exhibit during that horrible institution.”

Of course, fried chicken is a particularly racially charged dish. To wit: the Coon Chicken Inn, a restaurant chain begun in Salt Lake City, Utah, in 1925, that was popular for its fried chicken. The decor was as racist as the name. The caricature of a black man with grotesquely oversized red, open, smiling lips, a porter’s hat askew on his head, was ubiquitous: on silverware, menus, matchbooks and other advertising. Customers had to walk through a giant version of those grinning lips to enter the restaurants.

“Back in those days … it wasn’t nothing to see [such] mockery. Black folks was always being mocked,” according to former headwaiter Roy Hawkins, whose recollections of working there appear in Williams-Forson’s book.

Hawkins said he had to endure customer insults, but it was lucrative work: He’d bring home $100 to $200 a night in tips, at a time when bricklayers earned $5 a day. As Hawkins told The Salt Lake Tribune in 2006, he ended up “laughing all the way to the bank.”

As for the waiter carriers of Gordonsville, their trade disappeared in the first half of the 20th century, as dining cars were added to trains and government regulations cracked down on track-side food vendors. But their legacy lives on in Gordonsville, which hosts an annual fried chicken contest.

Lauren Ober’s report on Gordonsville’s fried chicken tradition aired on member station WAMU in Washington, D.C. You can listen to a longer version of that story, which details other ways that African-American women have found economic empowerment through food, from Gravy, the podcast from the Southern Foodways Alliance.

Source: ‘The Fried Chicken Capital’: Where Racial Progress Began Along The Rails : The Salt : NPR

The AFRO-American Newspapers invests to digitize 129 years of archives – Local Media Association + Local Media Foundation

The AFRO-American Newspapers has a daunting task ahead: Creating a searchable and publicly-accessible database to house an estimated 3 million photos, thousands of letters, business records, original audio recordings, advertisements and even reporters’ notebooks. And then there are the newspapers themselves — 129 years of them. “The collection is really remarkable. It’s probably one of […]

Source: The AFRO-American Newspapers invests to digitize 129 years of archives – Local Media Association + Local Media Foundation

Why does TikTok hate this affordable housing development? – Vox

The new multifamily buildings in your neighborhood actually slow displacement.

” . . . That discussion of gentrification is instead frequently diverted to what the buildings look like is a massive coup on behalf of existing property owners. Those current owners often want to maintain aesthetic control, sometimes as a means of blocking new homes from being built (experts have found that historic preservation is often weaponized to prevent new, more affordable housing options).

It is fine to dislike the way a home looks; not all art is for everyone. But the convergence of aesthetic preferences and physical displacement under the same “gentrification” banner only serves to maintain the current system of housing development, one that has made housing prohibitively expensive for many Americans and displaced people under countless different architectural styles.

The problem with this conflation became clear when I looked into the building depicted in the aforementioned Camden TikTok video. Branch Village isn’t a “gentrification building.” It’s actually an affordable housing project funded in part by low-income housing tax credits. According to the Courier-Post, the project’s second phase included the construction of 75 townhomes, all of which “will be considered affordable, accessible to those making less than 80 percent of the area’s median income.” Per an affordable housing database, the development now has 245 units.

Despite the primary concern of gentrification usually being the displacement of low-income residents, the top two comments on the Camden video, which collectively received 76,000 “likes,” were stylistic complaints: “why is it ALWAYS h&r block green, and “they really had to pick the worst colors didn’t they?”

This is common in gentrification discourse. People want to use a word that evokes visuals of marginalized communities being displaced, either through evictions, rising prices, or even violent displacement. But, after prodding, the actual concern is artistic. The rhetorical sleight of hand is not always intentional. For many, the concepts of “new, modern buildings” and “displacement” have simply become inextricable. But the confusion around how the word gentrification is being used has real policy consequences: If people believe that new buildings work against housing affordability, they will oppose the very policies necessary to solve the nation’s housing affordability crisis . . .”

 

Source: Why does TikTok hate this affordable housing development? – Vox

 

Episode #2: Reparations: The Debt That Is Owed Series

Advocates and experts argue that on-going systemic racism has placed Black Americans at a disadvantage in everything from obtaining an education to being paid fair wages, purchasing homes, starting businesses, and passing down generational wealth — all components needed to achieve robust economic health.

Some advocates and experts say reparations are the answer. They would not only help eliminate wealth differences caused by systemic racism but are also “a form of compensation that would amount to healing,” William “Sandy” Darity, an economist and professor at Duke University’s Sanford School of Public Policy told ABC News. The topic is controversial, even among the descendants. While arguments have been made that reparations to Black descendants of enslaved people could help restore economic balance in the nation, there is the outstanding question of how much should be paid out and to whom. So what exactly is owed?

Over our 34 years of live broadcasts, we have continuously brought advocates, economic experts, and activists in our discussions of reparations and reparations activism for descendants of the American chattel system. We have, in these discussions, underscored that reparations proposals must consider the economic contributions of free labor made within the hundreds of years of legal chattel slavery and continuing racial oppression up to today.

Episode #2: “Reparations: The Paradigm Shift”

Examining the demand for reparations through many eras of Black Struggle: Slavery, Reconstruction, Jim Crow, Civil Rights, the Black Power eras and Black Lives Matters protests.

Saturday, June 12, 2021 ::: 10 pm ET

Tune In LIVE: http://bit.ly/OCGTruthTalk

Listen & Call-In Line: 347-838-9852

ABOUT Dr. Rutledge M. Dennis

Rutledge M. Dennis is Professor of Sociology and Anthropology. He was born in Charleston, South Carolina. He received his B.A. in Social Science and Sociology from South Carolina State University, and the M.A. and Ph.D in sociology from Washington State University. He is the editor/co-editor, and author/co-author of twelve books in the areas of urban politics, research methods in race and ethnicity, Black Intellectuals, W.E.B.Du Bois, the Black Middle Class, race and ethnic politics, comparative and theoretical approaches to race and ethnicity, marginality, bi-culturalism, Booker T. Washington, and more recently, Field Notes from the Black Middletown Study. He was presented the Joseph S. Himes Distinguished Scholarship Award by The Association of Black Sociologists, and the DuBois-Johnson-Frazier Award, by the American Sociological Association.

“REPARATIONS: The Debt That Is Owed : An OUR COMMON GROUND Discussion Series”

Saturday, June 5, 2021 OUR COMMON GROUND begin a series of discussion on the topic of reparations for the descendants of the US system of chattel slavery:

“Reparations: The Debt That Is Owed”

Episode #1: “The Debt That Is Owed: Reparations & the Descendants of US Chattel Slavery”

We are very excited to host a discussion with Dr. William “Sandy Darity” once again. We will explore his views found in his book, with Kirsten Mullen, “From Here to Equality” It makes the case for reparations to Black Americans, the descendants of the US system of chattel slavery. This fascinating work confronts economic injustices and continuing wealth disparity for American descendants of the US System of chattel slavery; and, the injustices created in the aftermath. “Sandy” has been an OUR COMMON GROUND Voice since 2009. We invite you to join us.

William A. Darity, Jr., Samuel DuBois Cook Professor of Public Policy, African and African-American Studies, and Economics; Chair, African and African-American Studies; Director, Research Network on Racial and Ethnic Inequality, Duke University, Durham, North Carolina.

Dr. William A. Darity, Jr.

His most recent book, coauthored with A. Kirsten Mullen, is From Here to Equality: Reparations for Black Americans in the 21st Century (2020). Darity’s book inspired the UNC podcast series, “The Arc of Justice” :  through interviews with living descendants of U.S. slavery, renowned experts from Duke University and beyond, historical interviews and other first-person stories.

Tune In LIVE: http://bit.ly/OCGTruthTalk

Listen & Call-In Line: 347-838-9852

“REPARATIONS: The Debt That Is Owed : An OUR COMMON GROUND Discussion Series”

Episode #2: Reparations: Supportive Systems of Wealth Creation

June 12, 2021

Episode #3: Reparations: Black Americans and the Reparations Movements

June 19, 2021

Episode #4: Reparations: The Debt and the U.S. Government

June 26, 2021

The Confederacy was a con job on whites. And still is. | McClatchy Washington Bureau

The Confederacy was a con job on whites. And still is.

UPDATED MARCH 11, 2021 10:28 AM
Play Video

Duration 1:17
Reaction to removing the Confederate Flag
South Carolina residents respond on June 21 when Governor Nikki Haley began the process of removing the Confederate Flag from the statehouse grounds. Tracy Glantz/tglantz@thestate.com 

I’ve lived 55 years in the South, and I grew up liking the Confederate flag. I haven’t flown one for many decades, but for a reason that might surprise you.

I know the South well. We lived wherever the Marine Corps stationed my father: Georgia, Virginia, the Carolinas. As a child, my favorite uncle wasn’t in the military, but he did pack a .45 caliber Thompson submachine gun in his trunk. He was a leader in the Ku Klux Klan. Despite my role models, as a kid I was an inept racist. I got in trouble once in the first grade for calling a classmate the N-word. But he was Hispanic.

As I grew up and acquired the strange sensation called empathy (strange for boys anyway), I learned that for black folks the flutter of that flag felt like a poke in the eye with a sharp stick. And for the most prideful flag waivers, clearly that response was the point. I mean, come on. It’s a battle flag.

What the flag symbolizes for blacks is enough reason to take it down. But there’s another reason that white southerners shouldn’t fly it. Or sport it on our state-issued license plates as some do here in North Carolina. The Confederacy – and the slavery that spawned it – was also one big con job on the Southern, white, working class. A con job funded by some of the ante-bellum one-per-centers, that continues today in a similar form.

You don’t have to be an economist to see that forcing blacks – a third of the South’s laborers – to work without pay drove down wages for everyone else. And not just in agriculture. A quarter of enslaved blacks worked in the construction, manufacturing and lumbering trades; cutting wages even for skilled white workers.

Play Video

Duration 0:48
Flag Protester Talks About White Role

James Tyson was arrested with Bree Newsome in SC Confederate flag removal. 

Thanks to the profitability of this no-wage/low-wage combination, a majority of American one-per-centers were southerners. Slavery made southern states the richest in the country. The South was richer than any other country except England. But that vast wealth was invisible outside the plantation ballrooms. With low wages and few schools, southern whites suffered a much lower land ownership rate and a far lower literacy rate than northern whites.

My ancestor Canna Hyman and his two sons did own land and fought under that flag. A note from our family history says: “Someone came for them while they were plowing one day. They put their horses up and all three went away to the War and only one son, William, came back.”

Like Canna, most Southerners didn’t own slaves. But they were persuaded to risk their lives and limbs for the right of a few to get rich as Croesus from slavery. For their sacrifices and their votes, they earned two things before and after the Civil War. First, a very skinny slice of the immense Southern pie. And second, the thing that made those slim rations palatable then and now: the shallow satisfaction of knowing that blacks had no slice at all.

How did the plantation owners mislead so many Southern whites?

They managed this con job partly with a propaganda technique that will be familiar to modern Americans, but hasn’t received the coverage it deserves in our sesquicentennial celebrations. Starting in the 1840s wealthy Southerners supported more than 30 regional pro-slavery magazines, many pamphlets, newspapers and novels that falsely touted slave ownership as having benefits that would – in today’s lingo – trickle down to benefit non-slave owning whites and even blacks. The flip side of the coin of this old-is-new trickle-down propaganda is the mistaken notion that any gain by blacks in wages, schools or health care comes at the expense of the white working class.

Today’s version of this con job no longer supports slavery, but still works in the South and thrives in pro trickle-down think tanks, magazines, newspapers, talk radio and TV news shows such as the Cato Foundation, Reason magazine, Rush Limbaugh and Fox News. These sources are underwritten by pro trickle-down one-per-centers like the Koch brothers and Rupert Murdoch.

For example, a map of states that didn’t expand Medicaid – which would actually be a boon mostly to poor whites – resembles a map of the old Confederacy with a few other poor, rural states thrown in. Another indication that this divisive propaganda works on Southern whites came in 2012. Romney and Obama evenly split the white working class in the West, Midwest and Northeast. But in the South we went 2-1 for Romney.

Lowering the flag because of the harm done to blacks is the right thing to do. We also need to lower it because it symbolizes material harm the ideology of the Confederacy did to Southern whites that lasts even to this day.

One can love the South without flying the battle flag. But it won’t help to get rid of an old symbol if we can’t also rid ourselves of the self-destructive beliefs that go with it. Only by shedding those too, will Southern whites finally catch up to the rest of the country in wages, health and education.

Frank Hyman lives in Durham,where he has held two local elected offices. He’s a carpenter and stonemason and policy analyst for Blue Collar Comeback. This essay originally appeared in the Richmond Times-Dispatch and is reprinted with permission.

Source: The Confederacy was a con job on whites. And still is. | McClatchy Washington Bureau