Yael
Ben-zvi. Native
Land Talk: Indigenous and Arrivant Rights Theories.
Lebanon, NH: Dartmouth College Press, 2018. 276 pp. ISBN: 9781512601466.
https://www.upne.com/1512601459.html
In Native Land Talk:
Indigenous and Arrivant Rights Theories, Yael
Ben-zvi brilliantly employs Euro-American human
rights theories to examine and compare the distinctive resistances of African and
Indigenous Americans to colonization. Delving into a remarkable and varied array
of resources—petitions, letters, newspaper articles, and speeches, among
others—to examine Euro-American rights claims, Ben-zvi
inventively applies these theoretical histories to the petitions and appeals for
freedom and land made by Indigenous and African American peoples in the
eighteenth and nineteenth centuries (roughly 1760-1840). The author closely analyzes
aspects of settler rights claims and Indigenous and African American histories
of resistance (or, as she terms them, "unsettlement projects") that have
received little scholarly attention, aligning the resistance of the latter communities
with settler dehumanization and violence. Ben-zvi
focuses on rights claims based on birthplace, stating that both colonization
and what she casts as the separate resistances of African ("arrivant")
and Indigenous Americans were based in nativities: "Native Land Talk explores the historical legacies of struggles over
the political significance of belonging, attachment to land, indigeneity, and
diaspora" (5).
Ben-zvi's text clearly presents the
British history of positive birthright rooted in feudalism, and its asserted
extension across the Atlantic to constitute "subinfeudation...the dominant logic
by which settlers" established rights over Indigenous peoples (24). Native Land rigorously analyzes the British
judicial precedents, colonial codes, and settler assertions—what Ben-zvi describes as "a unified discourse of rights theories"—used
to construct a Eurocentric, imperial ideology of oppression, violence, and
dehumanization; Ben-zvi does the groundbreaking work
of examining how settlers employed this discourse. Her meticulous analysis of
European rights as interpreted and extended by settlers is matched by her reflection
on related texts and events worthy of close historical analysis. Ben-zvi offers a close reading of Olaudah Equiano's Interesting Narrative, for example, as
well as the writings of sixteenth- and seventeenth-century Mohegan leaders (her
engagement with the history of Brothertown on Oneida
land is particularly valuable) and other Indigenous and African American
petitioners and negotiators. The strange dichotomy between settler indifference
to ancestral African American graves and their fascination with Indigenous American
ones (a fascination that ultimately required the passage of NAGPRA [the Native
American Graves Protection and Repatriation Act]) is carefully detailed. Perhaps
most captivating and original is her discussion of "divergent geopolitical
perspectives, spatial practices, and perceptions of Native status in the 1785
negotiations over Cherokee lands in Hopewell" (124). In explicating the history
of exploitation and land theft through European mapmaking and contrasting it
with Cherokee perceptions of space, the author engages Indigenous perspectives,
brilliantly employing cartography and transnational methodology. Ben-zvi's meticulous research also presents a nuanced critique
not only of Jeffersonian philosophy and Jackson's willful flouting of the
United States Supreme Court but also of recent Supreme Court decisions
(Ginsburg's majority opinion in City of
Sherrill v. Oneida Indian Nation, 2005) reaffirming the theft of Indigenous
land.
Native Land Talk also admirably attempts to construct a more sophisticated
paradigm for discussing human rights, one that breaks through "the mutually
exclusive Native/settler and black/white binaries" (67). Ben-zvi rightly asserts that "it would be wrong to assess...[resistance]
from perspectives that privilege the settler regime's orders of history, place,
causality, and belonging" (210). Indeed, this is the major purpose of the text:
to give voice to enslaved African Americans, freedmen, and Indigenous Americans
subjected to and resisting colonial violence. Her frequent citing of their
words enriches the text, as when, for example, she invokes a letter from 1793
by a confederacy of Indigenous nations critiquing U.S. expansionism: "Divide,
therefore, this large sum of money, which you have offered to us, among these
people. ...We are persuaded they would most readily accept it, in lieu of the
lands you sold them" (149). Her citation of well-researched, early African American
petitions is equally incisive and moving, as when she cites Peter Holbrook's
petition of 1773 thanking God for "lately put[ting] it into the Hearts of
Multitudes on both sides of the Water, to bear our Burthens" (94). Ben-zvi's summation of the European response to these heartfelt
pleas is artful: "Indian removal confined Indians to the past through the trope
of inevitable disappearance, while African colonization removed African
Americans to an abstract, timeless Africa that seemed antithetical to
Eurocentric progress" (6).
At moments, however, Native
Land Talk slips into the construct it challenges, forcing Indigenous and African
American voices into Eurocentric constructs. Although Ben-zvi
critiques other scholarship for "requiring analyses based on Eurocentric
politics and law as though this is the definitive, exclusive perspective from
which rights can be studied" (4), Native
Land Talk employs Euro-American notions of human rights to interpret African
American and Indigenous worldviews. While she uses the words of Indigenous peoples
found as "fragments in settler publications," there is little invocation of Indigenous
oral history or contemporary tribal perspectives or beliefs. Similarly, she
discusses African American petitions in terms of their adoption of Euro-American
ideology, rather than attending to the scholarship on unique diasporic cultures
and philosophies. As a consequence of Ben-zvi's
employment of European rights discourse, she explicates John Locke and an
interpretation of the Biblical Book of Lamentations, for example, rather than Mohegan
indigenous cultural perspectives in interpreting Mohegan texts. The issue of Eurocentric
language is also at play: in stating that "settlers produced Indigenous
dispossession in order to repudiate Indigenous unsettlement initiatives" (126),
she might more simply state that the actions and words of settlers justified
their violence in the face of resistance.
In arguing that the presence of ancestral graves served
Indigenous Americans as "trope," "political logic," and "spatially embodied
history" that "shifted the logic" of "partus sequitur ventrum," Ben-zvi also runs
the risk of imposing Eurocentric logic upon non-European individual human
subjects. Ancestral graves were not merely "central discursive elements" (191),
but a part of sacred landscapes inseparable from Indigenous culture, language,
and belief. Muscogee and Cherokee peoples did not precisely "use the dead to
affirm the ongoing histories of their homelands, and...invalidate settler
geopolitics" (208); rather, they honored their ancestors as part
of a vast spiritual, cultural, and linguistic system, referring to graves not
as a "tactic," but as a wholistic means of referring to this system. To her
credit, the author acknowledges that ancestral graves "facilitated complex,
dynamic links between the people's past, present, and future on its homeland"
(197). In juxtaposing the rights claims of African and Indigenous Americans, too,
Ben-zvi also minimizes moments of collaboration and
common purpose (the African American alliance with the Seminole, to name just
one).
Yet Ben-zvi's emphasis upon the
importance of the individual—particularly those marginalized by European
rights theories and a unified discourse absent of "cultural, geopolitical, or
historical particularities" (31)—remains clear. As she states, "human
agency interacts with its enabling environmental conditions, thereby becoming meaningful
in local, specific ways that resist Eurocentric definitions of human rights"
(30). Ben-zvi's invaluable analysis of early African American
petitions and Indigenous American letters and commentary, citing the individual
voices of disenfranchised and marginalized peoples, brings home the argument
she paraphrases of the Odawa leader, Egushawa: "land
could not be abstracted from its relations to the communities that inhabited
it, giving it specific socio-historic-political meanings" (142). In her close
attention to individual voices preserved in little-discussed historical
documents—her careful analysis and naming of individuals who attempted to
negotiate with or resist domination and violence—Ben-zvi
makes a valuable contribution to scholarship on African and Indigenous American
agency within the history of colonialism and to scholarship bringing forward
specific African and Indigenous American voices that resisted Euro-American
violence.
Janet Berry Hess, Sonoma
State University