Mixed Race Studies

Red and Black – A Divided Seminole Nation: Davis v. U.S.

Kansas Journal of Law & Public Policy
University of Kansas School of Law
Volume 14, Number 3 (Spring 2006)
pages 607-638

Joyce A. McCray Pearson, Director, Law Library and Associate Professor of Law
University of Kansas

One of the longest unwritten chapters in the history of the United States is that of the relations of the Negroes and the Indians. The Indians were already here when the white men came and the Negroes brought in soon after to serve as a subject race found among the Indians one of their means of escape.1

There is no black Seminole…2

If you want to keep the bloodlines going, you got to keep’em separate…. the tribe is not trying to rewrite history-it’s just that the common fight for freedom that brought blacks and native people together 200 years ago doesn’t apply anymore.3

When we all started out, we started out as brothers. We fought together as brothers. Our blood ran together the same. When we settled we were still brothers. We were brothers until this money came up and then they went to pulling away.4

These sentiments and opposing points of view regarding the identity of Black Seminoles is at the heart of the matter in the case of Davis v. United States. The history of the Black Seminoles reaches as far back as the 17th century.  But the most recent history began in 1950 and 1951 when the Seminole Nation of Oklahoma (SNO) and Seminoles living in Florida filed claims for compensation for Florida lands ceded to the United States in 1823. In an attempt to quiet title to land taken from the Seminoles, in 1976 a $16 million judgment from the Indian Claims Commission (ICC) was awarded to the descendants of the “Seminole Nation as it existed in Florida on September 18, 1823.” The Department of Interior (DOI) directed that 75% of the money be distributed to the Oklahoma Seminoles, 25% to the Florida Tribes and nothing to the Freedmen or Black Seminoles because in 1823 they were considered slaves. Congress did not pass an act allowing distribution of the funds until 1990 which by this time, with interest, had ballooned to $56 million.

In 1996, Sylvia Davis, a member of the Dosar Barkus band of the Seminole Nation of Oklahoma, was denied a $125 school clothing allowance from the funds.  The Dosar Barkus and Bruner bands are Seminoles of African descent and are the only branches of the tribes being denied access to these funds. The Bureau of Indian Affairs (BIA) and the SNO argue that in denying their claims, they are not discriminating against the Dosar Barkus band based on race, but they are correctly enforcing the requirement that the funds be distributed to descendants as defined in 1823. The Black Seminoles, also known as Estelusi, were not considered members of the nation until 1866 when the U.S. government decided to recognize them as such after the passage of the Thirteenth Amendment, and passage of treaties imposed upon the Seminoles and a number of other Indian nations who owned slaves. These treaties provided for the emancipation of any slaves owned by the tribes and allowed them to incorporate the “freedmen” into the nation “on an equal footing with the original members”

Obviously, there is much more at stake in the Davis case than $125 worth of school clothes. What is at stake is how tribes, federal agencies and other entities, based upon both an historical analysis and today’s public policy concerns over the distribution of resources, will choose to define or identify as Indian or Black, numerous people who have over the years identified themselves as Black Seminole Indians either through blood quantum, social construct, cultural affiliation, or proven descendancy from an identified ancestor.

This article will not draw definitive conclusions about how to label or categorize an obviously mixed race of people. I will not endorse one position at the peril of alienating the legitimacy of the opposite stance. I only propose to point out the claims of both the Black and Red Seminoles.

Part II of the article explores the historical backdrop which created this ostensibly Black and Indian race. It also looks at the numerous definitions of the word “Seminole.” Part III looks at the Davis case, and the rich heritage of the plaintiff, Sylvia Davis. This section will not employ an in-depth analysis of the procedural, constitutional or other substantive legal issues that plain people will never understand to be the reason why they win or lose a case. Because to plain people that is not what the real issues are. The real issue to plain people is the end result of litigation, not procedural questions or issues which ultimately sends them away from the courts empty handed.

Part IV looks at the reaction and the community outcry after Davis as tribal leaders and disenfranchised Black Seminoles express their agreement or discontent over the outcome of the cases.

Part V briefly explores how DNA and genetic tests may or may not bolster the claims of Black Seminoles, followed by a conclusion which unfortunately gives no solid solutions but instead is merely a few concluding remarks and observations…

Read the entire article here.

An Anthology of Interracial Literature: Black-White Contacts in the Old World and the New

New York University Press
2004-02-01
675 pages
Cloth ISBN: 9780814781432
Paperback ISBN: 9780814781449

Edited by

Werner Sollors, Henry B. and Anne M. Cabot Professor of English Literature and Professor of African and African American Studies
Harvard University

A white knight meets his half-black half-brother in battle. A black hero marries a white woman. A slave mother kills her child by a rapist-master. A white-looking person of partly African ancestry passes for white. A master and a slave change places for a single night. An interracial marriage turns sour. The birth of a child brings a crisis. Such are some of the story lines to be found within the pages of An Anthology of Interracial Literature.

This is the first anthology to explore the literary theme of black-white encounters, of love and family stories that cross—or are crossed by—what came to be considered racial boundaries. The anthology extends from Cleobolus’ ancient Greek riddle to tormented encounters in the modern United States, visiting along the way a German medieval chivalric romance, excerpts from Arabian Nights and Italian Renaissance novellas, scenes and plays from Spain, Denmark, England, and the United States, as well as essays, autobiographical sketches, and numerous poems. The authors of the selections include some of the great names of world literature interspersed with lesser-known writers. Themes of interracial love and family relations, passing, and the figure of the Mulatto are threaded through the volume.

An Anthology of Interracial Literature allows scholars, students, and general readers to grapple with the extraordinary diversity in world literature. As multi-racial identification becomes more widespread the ethnic and cultural roots of world literature takes on new meaning.

Contributors include: Hans Christian Andersen, Gwendolyn Brooks, Elizabeth Barrett Browning, Charles W. Chesnutt, Lydia Maria Child, Kate Chopin, Countee Cullen, Caroline Bond Day, Rita Dove, Alexandre Dumas, Olaudah Equiano, Langston Hughes, Victor Hugo, Charles Johnson, Adrienne Kennedy, Henry Wadsworth Longfellow, Guy de Maupassant, Claude McKay, Eugene O’Neill, Alexander Pushkin, and Jean Toomer.

Building the “Blue” Race: Miscegenation, Mysticism, and the Language of Cognitive Evolution in Jean Toomer’s “The Blue Meridian”

Texas Studies in Literature and Language
Volume 46, Number 2, Summer 2004
pages 149-180
E-ISSN: 1534-7303
Print ISSN: 0040-4691
DOI: 10.1353/tsl.2004.0008

Stephanie L. Hawkins, Assistant Professor of English
University of North Texas

Toomer’s vision of psychological evolution later realized and racialized in “The Blue Meridian” (1936) has its precursor in Cane’s closing chapter, the short drama “Kabnis,” and in the figure of Kabnis as a biracial subject struggling to find speech representative of his psychological experience. Kabnis’s ambivalence toward his black ancestry manifests in blood rhetoric that both highlights and undermines the purity of the plantation aristocracy that has contributed to his making. He declares, “My ancestors were Southern blue-bloods—”; “And black,” retorts Lewis, another educated black Northerner. Recognizing the pervasiveness of the one-drop rule for determining African descent—and the fact that Southerners frequently purged traces of black blood from their genealogical records—Kabnis argues that there “Aint much difference between blue and black” (108). There is a double recognition here: first, that black ancestry is inherent in the bodies of many who pass for white; and second, that as a…

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Stalking the Biracial Hidden Self in Henry James’s The Sense of the Past and “The Jolly Corner”

The Henry James Review
Volume 25, Number 3, Fall 2004
pages 276-284
E-ISSN: 1080-6555,
Print ISSN: 0273-0340
DOI: 10.1353/hjr.2004.0027

Stephanie L. Hawkins, Assistant Professor of English
University of North Texas

This essay argues that, for James, the visible face and body conceal some genetic “reality” or heritage, which he figures in both The Sense of the Past and “The Jolly Corner” as the specter of unacknowledged racial difference. In both works, James fuses evolutionary biology and the ghostly, thematizing turn-of-the-century anxieties regarding miscegenation. By transforming a narrative of time travel into one of racial passing, James both literalizes the psychological phenomenon of a “hidden self” and exposes the central paradox of double-consciousness: the simultaneous recognition and rejection of one’s “hidden” racial differences and sense of estrangement from the national family.

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Variablity in Race Hybrids

American Anthropologist
Volume 40, Issue 4 (October-December 1938)
pages 680–697
DOI: 10.1525/aa.1938.40.4.02a00090

Wilson D. Wallis (1886-1970)

In his revised edition of The Mind of Primitive Man [Read here], Professor [Franz] Boas warns against assuming “on the basis of a low variability that a type is pure, for we know that some mixed types are remarkably uniform. This has been shown for American Mulattoes, Dakota Indians, and made probable for the city population of Italy.” In a footnote to that passage he refers to the studies of Herskovits, Sullivan, and Boas, respectively, presumably in support of this position. Inasmuch as the test of variability used in those studies is the standard deviation of dimensions, and, for reasons which I shall indicate, this is not an acceptable test of variability for this purpose, it seems proper to reexamine the data on variability of race hybrids.

Although several studies have been devoted to the results of race crossing, there are few definitive results. Some studies suggest hybrid vigor, that is, increase in dimensions over one or both parental strains. Other studies indicate that race hybrids are inferior to one or both parental strains. Some indicate that hybrids are less variable than parental strains; others, that they are more variable. The character of the results may, of course, depend upon the races crossed and upon proximity to original crossing; but on these matters there is little well attested information. Sullivan and Boas find half-breeds among Sioux and other groups taller than pure bloods among each sex. Wissler, in a series of Oglala Dakota, finds half bloods slightly shorter than full bloods. As Sullivan remarks: “NO satisfactory solution of these contradictory results can be given so long as our series are incomplete in lacking the measurements on the whites with whom the Indians have mixed.” When all the data are considered, it is not clear that in race crossing any physical trait behaves as a Mendelian recessive or dominant-despite portrayals in fiction. In Hawaiian-European hybrids in Hawaii, however, Dunn finds evidence that the brachycephaly of Hawaiians is inherited as a dominant, and the European type of head (? dolchocephaly) reappears as a recessive in later hybrid generations. Hawaiians are said to contribute to the cross relatively more dominant factors than do Europeans.  He finds evidence, also, of “segregation of ‘racial’ characters such as nose form, hair form, hair and skin color in diverse combinations in the F and backcross generation.” There is, however, no evidence of Mendelian inheritance in the ratios with which these traits occur, and no evidence of Mendelian inheritance of a cluster of traits…

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Biological and Social Consequences of Race-Crossing

American Journal of Physical Anthropology
Volume 9, Issue 2 (April/June 1926)
pages 145–156
DOI: 10.1002/ajpa.1330090212

W. E. Castle (1867-1962)
Bussey Institution, Harvard University

What constitute the essential differences between human races seems to be a question difficult for anthropologists to agree upon but from a biologist’s point of view those appear to be on safe ground who base racial distinctions on easily recognizable and measurable differences perpetuated by heredity irrespective of the environment.  See Hooton, 1926.  It is still a moot question how races originate, not merely in man, but also among lower animals and plants.  At one time natural selection was thought to be an all-sufficient explanation of the matter, but the more carefully the question is studied and the more exact and experimental in character the data which enter into its solution, the more fully we become convinced that forms of life are rarely static, that organic is the rule rather than the exception. Change is inevitable and is not limited to useful or adaptive variations.  Natural selection undoubtedly determines the survival of decidedly useful variations, which arise for any reason, and also the extinction of those which are positively harmful, but a host of there variations fall in neither of these categories and survive among the descendants as a matter of course, quite unaffected by natural selection.

The experimental study of evolution indicates that genetic (hereditary) variations are all the time arising, and with especial frequency in such organism are bisexual and cross-fertilized.

In a state of nature no species can long be separated by geographical barriers into  non-interbreeding groups, without the origins of specific or racial differences between such groups…

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Hyperdescent is the practice of classifying a child of mixed race ancestry in the more socially dominant of the parents’ races.

Hyperdescent is the opposite of hypodescent (the practice of classifying a child of mixed race ancestry in the more socially subordinate parental race). Both hyperdescent and hypodescent vary from other methods of determining lineage, such as patrilineality and matrilineality.

Wikipedia

…The Korean word for a bi or multiracial person, despite the composition of their mixture, is honhyeol (in), which literally translates into impure blood. There has been a “pride” instilled in Koreans for their “ethnic homogeneity” which has resulted in “fear and distrust of outsiders” (The Economist, 2006). The connotation for Korea, which bases its national identity upon the notion of Koreans descending from one common ancestor and speaking one language, is that these offspring of interracial relationships are not Korean, because they have more than Korean blood coursing through their veins. It makes sense then that the oppositional identity of these “pure blooded” Koreans came about as a sort of resistance to the first Chinese invasion, then Japanese imperialism, and then finally Western imperialism in the form of American occupation after the Korean War. Korean nationalism was wrapped up in the idea of “consanguinity” to link “ethnic homogeneity” to a “profound sense of cultural distinctiveness and superiority.” (Kim, 2007) As these countries made their presence known, Korea began to rely on internal colonialism, which economically exploited and political excluded groups different from the dominant group, becoming a reminder there can be “colonial subjects – on the national soil.” (Gordon, 2006; Blauner 1972, p. 52) For many then, international marriages were “associated with the invasion of Korea by other countries” and were subsequently seen as “betrayals of nationalism” where the children resulting from those unions became physical reminders of that betrayal (Lee). Kim Sok-soo believes that the coupling of nationalism with ethnic homogeneity ultimately has became a “useful tool for the South Korean government when the country was embroiled in ideological turmoil. It was used as an effective tool to make its people obedient and easy to govern” (Park, 2006). The way the bodies of these bi and multiracial Koreans are, in both social and political realms, recognized, regulated, and ultimately utilized through relationships maintained by various institutions of the state is essential to a particular form of governmentality…

Washington, Myra. “More than a Metaphor: Blood as Boundary for Korean Biracial Identity” Paper presented at the annual meeting of the NCA 95th Annual Convention, Chicago Hilton & Towers, Chicago, IL, Nov 11, 2009 Online <PDF>. 2010-08-09 <http://www.allacademic.com/meta/p368501_index.html>

Institutions, Inculcation, and Black Racial Identity: Pigmentocracy vs. the Rule of Hypodescent

Social Identities
Volume 14, Issue 5 (September 2008)
pages 567-585
DOI: 10.1080/13504630802343390

Richard T. Middleton IV, Associate Professor of Political Science
University of Missouri, St. Louis

This research paper investigates the effect political institutions have on black racial identity. In particular, I study individual inculcation in contexts where political institutions institutionalize either of two forms of racial social structures—a pigmentocracy (the Dominican Republic), or the rule of hypodescent (the US South), and the effect such inculcation has on black racial identity. I sampled 101 respondents from the Dominican Republic and 102 from the state of Mississippi, USA. Consistent with the basic assumptions of my hypotheses, respondents in the Dominican Republic study sites showed a weaker degree of identification with blackness vis—vis something ‘whiter’. Nevertheless, respondents in the Dominican Republic sites demonstrated a stronger identification with blackness than what most conventional observers would have anticipated. Respondents in the Mississippi study sites showed a stronger sense of identification with blackness. Surprisingly, however, Mississippi respondents demonstrated a larger degree of neutrality than expected in their belief of being of a mixed racial heritage rather than just a black African heritage.

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Dreaming with the Ancestors: Black Seminole Women in Texas and Mexico

University of Oklahoma Press
December 2010
400 pages
30 B&W Illus., 2 Maps
6.125″ x 9.25″
Hardcover ISBN: 9780806140537

Shirley Boteler Mock, Research Fellow
Mesoamerican Archaeological Research Laboratory, University of Texas, Austin

Explores a unique and eclectic culture rooted in African traditions

Indian freedmen and their descendants have garnered much public and scholarly attention, but women’s roles have largely been absent from that discussion. Now a scholar who gained an insider’s perspective into the Black Seminole community in Texas and Mexico offers a rare and vivid picture of these women and their contributions. In Dreaming with the Ancestors, Shirley Boteler Mock explores the role that Black Seminole women have played in shaping and perpetuating a culture born of African roots and shaped by southeastern Native American and Mexican influences.

Mock reveals a unique maroon culture, forged from an eclectic mixture of religious beliefs and social practices. At its core is an amalgam of African-derived traditions kept alive by women. The author interweaves documentary research with extensive interviews she conducted with leading Black Seminole women to uncover their remarkable history. She tells how these women nourished their families and held fast to their Afro-Seminole language—even as they fled slavery, endured relocation, and eventually sought new lives in new lands. Of key importance were the “warrior women”—keepers of dreams and visions that bring to life age-old African customs.

Featuring more than thirty illustrations and maps, including historic photographs never before published, Dreaming with the Ancestors combines scholarly analysis with human interest to open a new window on both African American and American Indian history and culture.