Applesare the Color of Blood *

STEVE RUSSELL ** (Departmentof Criminal Justice, Indiana University, Bloomington)

ABSTRACT Coloris such adeŽning characteristic ofAmerica’ s racial disharmonythat minoritiesoften huddle together under the so- briquet“ peopleof color.” This essay examines the signiŽcance ofcolor to American Indians –the only ethnic minoritysub- jected toa government certiŽcation process –andconcludes that neither skin colornor a certiŽcate ofdegree of Indian bloodfrom the Bureauof Indian Affairsis sufŽcient todeŽ ne Indian identity.No alternative is suggestedthat wouldmake Indians identiŽable by visual regard. Indianstended to split into two factions from the momentit became apparentthat the newcomerswere not benign. Some wanted to Ž ght tothe death;others opted for the constantlychanging terms of peaceful coexistence withthe invaders.Crow Dog’ s case wasa microcosmof thiswar among ourselves over how Indian people would adjust to the newrealities, over “ traditionals”versus “ blanket Indians.”The latterare sometimes called in modern parlance “ apples,”as African- Americanssometimes refer to “ Oreos”or Latinos refer to “ coconuts:” (red)(black)(brown)on the outsideand white on the inside. CrowDog, an Indianconsidered by whites to be rebellious, killed SpottedTail, a famousBrulé Sioux chief with an assimilationistreputation inwhite America. I choosemy wordscarefully because these men have

* Parts ofthisarticle were adoptedfrom essayspublished in PeaceReview ,“The Politicsof IndianIdentity” and “ Identityas Survival,” Ó1997and 1998, used by permission of Carfax PublishingLimited, P.O. Box 25,Abington, Oxfordshire, OX14 3UE, United Kingdom. ** Sendall correspondence to Steve Russell, 302 Sycamore Hall, Bloomington, IN 47405, USA; e-mail:[email protected]

Critical Sociology, Volume 28,issue 1-2 Ó 2002Koninklijke Brill NV, Leiden 66 Russell ² living relatives whodo not necessarily agreewith the portrayalof their ancestorsin the mediaof the time.The importantpoint for this discussion isnot who Crow Dog and Spotted Tail were, but who they werethought to be. CrowDog was called to account within the Indianjustice system. He wasordered to pay substantial restitution to Spotted Tail’ s family.The duly constitutedauthorities within the tribedecided that Crow Dog posed no furtherdanger to the community.This “ leniency”– forso it wasperceived –causedgreat outrage among whites, including many liberalswho admired SpottedTail’ s “realism.” Aftermuch public outcry, Crow Dog was indicted by a federalgrand juryfor the murderof Spotted Tail and quickly convicted. His sentence wasthis time more “ civilized:”Crow Dog would hang bythe neck until dead.These werethe barebones facts that led tothe 1883United States SupremeCourt decision in Ex Parte CrowDog (1883,109 U.S. 556), wherein the Courtopined that the UnitedStates had no jurisdiction to tryan Indian fora crimecommitted against another Indian on Indian land. To allow the federalgovernment to hang CrowDog would be to try Indians “ : : : notby their peers, nor by the customsof their people, nor the lawof theirland, but by superiors of a differentrace, according to the lawof asocialstate of which they have an imperfectconception, and which is opposedto the traditionsof theirhistory, to the habitsof theirlives, tothe strongestprejudices of their savage nature;one which measures the red man’s revenge bythe maximsof the whiteman’ s morality”(109 U.S. at 571). Leaving asidethe condescendingwords and that restitution is not revenge, the Courtspoke the lawcorrectly and Crow Dog escaped the noose,turning up the heat onan alreadyin amed public opinion. Congress respondedwith the MajorCrimes act of 1885, stripping away the rightof Indiantribes to deŽ ne majorcrimes and impose traditional penalties for thosecrimes (18 U.S.C. § 1153).So began the killing ofIndian political identity(Harring 1994). Indiancultural identity had always been underattack. For white conservatives,it wasthe condignresult of militaryconquest, the extinction ofinferior cultures. For white liberals, it was in our best interests, as expressed inthe dictum“ kill the Indianto save the man.”Whatever the statedmotive, the resultswere the same fromthe reservationyears until 1933:traditional religious ceremonies banned, Indian boys forced to cut theirhair, Indian adults “ converted”to Christianityby withholdingrations, Indianchildren kidnapped and forced into boarding schools where Indian languageswere banned, Indian adults forbidden to criticizethe government Applesare the Color of Blood 67 ² andrequired to obtain passports to travel fromone concentration camp, I mean reservation,to another. The IndianNew Deal,John Collier’ s tenureas Commissioner of Indian Affairs,began in 1933 (Lacy 1985,p. 92). Collier’ s attemptsto reverse generationsof culturalgenocide met withmixed success. Indians had been grantedAmerican citizenship on paper in 1924 (43 Stat. 253), but their votingrights were as difŽ cult to vindicate as those of African-Americans (McCool1985). Missionaries still engage inthe occasionalkidnapping. A Texas schooldistrict recently appealedan orderexempting Indianboys ofthe Alabama-CoushattaReservation from mandatory haircuts (Zahniser 1994).The killing ofIndian cultural identity goes on. The Spanishgot started earlier than the Englishon the task of destroyingIndian culture. By the timethe UnitedStates took the Southwest fromMexico bydictating the Treatyof Guadalupe-Hildago (9 Stat. 922, U.S.-Mex.,Feb. 2, 1848), most inhabitants of the area– about80% Indian byblood– weregenerations removed from being punished by the Spanish forspeaking Indian languages in school, so they wereready to have their childrenpunished by the Anglosfor speaking Spanish in school.And if that werenot enough irony, the UnitedStates has nowadopted an ahistorical andnonsensical identity called “ Hispanic”that places the Indiansand their formerSpanish oppressors in the same censuscategory (Toro 1995)! Indiannessis now a politicallabel, authenticity certiŽ ed by the Bureau ofIndianAffairs. U.S. Government InspectedGrade A Indian,decultured bythe liberalsat Indianboarding schools and neutered by the conservatives whocannot make the same governmentemployer of last resort that was unemployerin the Žrstplace. An Indiantribe has nostanding as anIndian tribeunless itis federally recognized.This is Indian identity on the tribal level. On the individuallevel, wehave blond-hairedand blue-eyed people whospeak nota wordof any Native languageand live nowherenear an Indiancommunity carrying a BIAcertiŽ cation when afullbloodNative speaker is“ notIndian” by the conqueror’s rules.In the interestof the colonialgovernment, cooperativeness is moreimportant than color, and in thisdistinction among Indians Crow Dog and Spotted Tail rule us from theirgraves. With mosttribal land bases stolen, virtually all economicresources for Indians owfrom the federalgovernment. Tribal governments, approved bythe BIA,are conduits for federal funds, and tribal ofŽ ce isa competition foraccess to those funds. Traditional leadership remains outside of recognizedtribal governments but traditional leaders devote themselves tosurvival of language and culture. Reservation economies, with few exceptions,would make the SouthBronx look like heaven onearth. 68 Russell ²

Thereis always, of course, the touristtrade. The Diné(Navajo) carved woodinto a “genuine HopiKachina” while the Hopicarved stone into a“genuine Zunifetish” and the Zuniencased in plastic a “genuine Navajosand painting.” No one’ s sacredtraditions were offended, the BIA zookeeperswere amused, and the touristsnever knew the difference. Then alongcame the IndianArts and Crafts Act of 1990which, along withoutlawing faux Indianartwork, made it criminal to mislabel the tribe oforigin (18 U.S.C. § 1159).Is anyone inthe worlddumb enough to buya “genuine Navajo Kachina?”You bet. I have seen itwith my own eyes. Butafter the laughterdies down there isa chill inthe airand an uncomfortablequiet. How can they possiblyknow so little aboutthe people onwhosebones they walk? Growingup inOklahomain the Žfties,I learnedit was very coolto be “partIndian.” Will Rogers,the PaintClan Cherokee witha good-natured grinand wit like astraightedge razor,was a culturalicon to all. Rogers waswhite enough for the yonega 1 andIndian enough for the Tsalagi. 2 Being fullbloodwas a differentmatter. Iremembercoming into the barbershop where I hadgot my hair cutin yonega fashionsince the age oftwo to deliver newspapersas the ownercut loose a tiradeabout lazy, thieving Indianswho paid no taxes : : : any African-Americantoday would recognize the details.He turned aroundin the middleof a sentence about“ notŽ nishingthe job”in the Indianwars and saw me standingthere withmy bundleof newspapers. Hegave me atipthat day, something he hadnever donebefore. He also mumbledsomething about “ notmeaning me” as I couldnot help being “partIndian.” Thiswas, as a matterof intent, an actof generosity, an invitationto bewhite, safely withinthe stockadeof civilization while the half naked savages outsideululate to their heathen spiritsand await the opportunity torape and pillage. It was a forcefulreminder that we are “ : : : members ofcommunitiesbefore (we are)members of arace”(Ló pez 1994, p. 55). AmericanIndians have alwayshad the theoreticaloption of removing themselves froma tribalcommunity and becoming legally white.American lawhas madeit easy forIndians to disappear because that disappearance has alwaysbeen necessary tothe “manifestdestiny” that the UnitedStates spanthe continentthat was, after all, occupied.This could be contrasted withthe predicamentof the African-American“ octoroon”Homer Plessy, 3

1 White people. 2 Cherokee. 3 Plessy’s 1/8African-American bloodcompares directly tothe 1/8Cherokee Chief John Ross,who unlike Plessy could choose to be Indian or tobe white. Applesare the Color of Blood 69 ² whoconsidered himself whitebut was found not to bewhiteenough to sit wherehe pleasedon public transportation (Plessy v. Ferguson1896, 163 U.S. 537). “Race”is a socialconstruct rather than abiologicalone (Montagu 1997, López 1994). Because the termhas little signiŽcance outside of politics,the deŽnition might be expected toanswer political needs: the need tomake Native Americansdisappear and the need tokeep African-Americansin theirplace, leading to a narrowdeŽ nition on one hand and a broad deŽnition on the other. Physiognomy is biologicalbut becomes political when usedto apply raciallabels. When there wasa legal line betweenfreedom and bondage, descentwas traced through female ancestors(Finkelman 1986),presumably becausein those days before DNA testing it was easier to know mothers thanfathers. Raping a slave womanwas not a crimeunder most slave codes,so the possibilityof a whitefather was always present (Russell 1998, p.17).Legally recognizingthe possibilityof a whitefather as adeterminant ofrace would have createdchaos for the institutionof chattel slavery. López (1994) points out a case wherethe freedomof three generationsof womenturned upon the factthat their hair was long and straight. 4 Soit was that I learnedan easy tripto court to shed my Indianname andstaying out of the sunto keep myskin aslight as possible could make me sociallywhite just as forsaking my tribalties could make me legally white.I commendthis experience toanyone whobelieves perceivedrace createsno social distinctions. JohnHoward GrifŽ n’ s (1961)classic investigation of the American Southas a blackman was an eye openernot only forGrifŽ n butfor hisreaders at the time.Less well knownwas the effortof a whitecollege studentto replicate GrifŽ n’ s experiment toprove that in this decade skin colorno longer matters. He lastedtwo weeks, includingonly two days inGeorgia (Russell 1998,p. 12). Searching for overt racism in the Old Confederacyis difŽcult today for the light-skinned;for people of color it is like shootingŽ sh ina barrel. Spanishand Portuguese colonial societies were obsessed with color as anindicatorof African or Indian blood, and that obsession lives ontoday inLatin America. And as the Indiansof America del Sur learned the importanceof color from their colonizers, so my peoplein America del Norte wereinstructed by ourEnglish colonizers.

4 Longand straight hair washeld tobespeak Indian rather than African ancestry, leading tofreedom for the womenby what wenow know to be genetic happenstance (Ló pez 1994, p. 2). 70 Russell ²

Historyon the popularlevel seldomadverts to the factthat part of the “civilizing”of the so-calledFive CivilizedTribes was instruction in the institutionof chattel slavery. Ouroral traditions tell usthat Cherokees understoodslavery asa concomitantof failure in warfare, at least asa temporarystatus pending adoption or release (Perdue1979). 5 Cherokees wereŽ rstintroduced to the ideaof chattel slavery bythe English,but the viewwas from the bottom– asslaves ratherthan slaveholders (Mooney 1992,p. 233; Thornton 1990, p. 19). Eventually, the Englishwere able toconvert at least well-to-doCherokees fromthe Indianview of slavery tothe “civilized”understanding of human beings as property (Thornton 1990,p. 45). The slave tradewas well establishedby the middleof the Eighteenth Century(Halliburton 1977, p. 10) among the Cherokee,a peoplewho obviouslydid no raiding in Africa.This unfortunate education in racismby the Englishled toCherokees liningup onbothsides of the AmericanCivil War 6 (Abel1992; Gaines 1989)and, just as tragically, some Cherokees beginningto Ž ndsocial signiŽ cance in skin color. Halliburton(1977) asserts that Cherokee slavery became“ : : : a micro- cosmof slavery inthe southernUnited States,” (p. 144) with all ofthe brutalitythat assertion implies. This judgment is largely unsupportedby the oralhistories Halliburton reports, a awhe attributesto “ : : : faulty memories: : :”(p.145). As much as we Indian survivors of the American Holocaustwould like todisassociateourselves from the peculiarinstitution, kinder,gentler slavery isa fairlypreposterous idea in ourtime, and there is nodenying thatwhen Indiansbegan to relate servitudeto color the seeds ofracismwere sown. The principaldifferences between Cherokee slavery andyonega slavery wereat the beginningof the institutionand at the endof it. At the beginning,a slave wassimply another clanless person(clanless meaning withoutlegal standing)and only amarginaleconomic asset (Perdue1979, chap.1). The importationof the capitalistidea of accumulating wealth and the growthof the plantationeconomy made slaves economicallysigniŽ cant andthe Englishslave trademade color a badgeof slavery. In spiteof the inroadsmade by color prejudice during the slavery years,the Cherokee Nationcame a lotcloser than the UnitedStates tothe old“ fortyacres and a mule”promise in that freedmen were enrolledas Cherokees (Mooney 1992,p. 150) and as a consequenceof

5 Ifdeath was the result,it would happen right away. 6 Fora white population,this would mean havingsome in uence regardless of which sidewon. For an Indianpopulation, it meant losingmore autonomyregardless of which side won. Applesare the Color of Blood 71 ² tribalenrollment wereable to receive an allotmentof land when the UnitedStates betrayed the Cherokee Nationand broke up the reservation intoindividual farms – farmswhich soon passed into white hands as peoplewithout a traditionof private land ownership were  eeced by speculators,regardless of color (Debo 1940). Enrollment of freedmen was notwithout controversy within the Cherokee Nationand coercion from without(LittleŽ eld 1978),but “ : : : the freedmen’s lotin Cherokee society wasbetter than their lot in Americansociety.” ( Id. P. 251). When the UnitedStates government found it convenient toabrogate itstreaties with the so-calledFive CivilizedTribes it seems logicaltoday thatabrogation would return both parties to the status quoante . Indians wouldreturn to their homelands and refund the compensationthe survivors receivedafter being removed at gunpoint. In fact,abrogation meant that the governmentnot only kept the landtaken butalso the landgiven in exchange. “IndianTerritory” would become Oklahoma and Indians would cease tobe a tribalpeople holding land in common. Every Indianwas to receive an allotmentof approximately 160 acres (moreor less dependingupon the agriculturalquality of the landand the timingof the allotment) andbecome self-sufŽ cient. The DawesCommission wassent outto take the Žnal rollsfor the Cherokee,Choctaw, Chickasaw, Seminoleand Muscogee (Creek). Many Indians,ungrateful wretches that they were,believed the abrogationof the treatiesto be illegal andengaged inwhat only couldbe called civil disobedience. There was widespread resistanceto enrollment, most notably the resistanceled bythe Muscogee ChittoHarjo (Crazy Snake) andthe Cherokee RedbirdSmith. Harjoeven hadthe gall togo before Congress and speak ofthe white manas a person,as if thatperson could be reachedby appeal to aprimary attributeof personhood, honor: “ Hetoldme thatas long as the sunshone andthe sky isup yonder this agreement willbe kept. He saidas long as the sunrises it shall last;as long as the watersrun it shall last;as long as grassgrows it shall last.That is what he said,and we believed it.”(Debo 1940,quoting testimony before the U.S.Senate). ButCrazy Snake’ s naive faithwas misplaced. The whiteman is not a personand honor is a foreign conceptto bureaucracy. Harjo,Smith and other troublemakers were eventually coercedto sign forallotments. However, not every fullbloodhiding in the CooksonHills ofnow-Oklahoma was brought in. Some people never didenroll. Some whodid enroll were listed as fullbloods when they werenot (at this time, 1887to 1907, Cherokees hadbeen intermarryingwith whites and blacks formany generations)and vice versa.Siblings were enrolled with different bloodquanta. 72 Russell ²

The DawesRolls, meant tobethe last censusof the dyingspecies known asAmerican Indian, remain the Bible ofIndianness today. Even those Indiantribes with no blood quantum requirement for membership require thata prospectiveenrollee traceancestry to the DawesRolls, documents thatthe people“ mostIndian” in the politicalsense opposedat great risk tothemselves. The “protection”for individual Indians – thattheir allotments could not bealienated – soonvanished when turnedover to the corruptOklahoma courtsystem. Waivers weregranted for the asking,and the allotments disappearedinto white hands. The Indianland in excess ofthe amount necessary forindividual allotments had already been declaredopen for whitesettlement. Thoseof us left aremostly without whiteness or redness or blackness tocall ourgenetic heritage.While there arecertainly Cherokee racists, andfor a timethe Nationeven hadanti-miscegenation laws similar to the formerConfederate states, the mostcommon epithet pertaining to color is“ apple,”and this only amongpolitically active Cherokees seeking to discreditopposition. This is the Indianside of “ race”as a politicallabel, andthe reference toskin coloris only metaphorical. Seen fromthe outside,color still countsin the dominantculture, particularlyfor African-Americans (West 1993).As a Cherokee,I hear almostnothing about color. Many ofthe blackCherokees soldtheir allotments(often to the same swindlerswho were absorbing the allotments of“ redCherokees” ) andleft the Nation,but others have intermarriedto the degreethat red and black could mean the colorson a checkerboard orthey couldmean communismand anarchy but they donotmean social statuswithin the Cherokee Nation.How much the Choctaw,Chickasaw, 7 andMuscogee (Creek) 8 have dilutedthe colorof their black members I amnot qualiŽ ed to say, butthe Seminolehave retainedblack phenotype (LittleŽeld 1977),particularly in the bandled bythe legendary JohnHorse, andeven the Cherokee have hadracial controversies since acquiring the diseaseof racism from the yonega.But, looking at contemporary Indians generally, the very Žrstelections to the Native AmericanMusic Hall of

7 LittleŽeld (1980) claims that the Chickasawfreedmen were worseoff than the Cherokee freedmen, butstill not treatedas badly as they wouldbe treatedlater bythe United States andthe Stateof Oklahoma. 8 Debo(1989, 115-116, footnote omitted) tells us that “(e)xcept fora fewof the mixed- bloodaristocrats the Creeks hadlittle prejudiceagainst intermarriage with : : : (Africans), andthe children ofsuch marriages were acceptedwithout prejudice as members ofthe tribe.”“Mixed-blood” in thiscontext refers toIndian-white, and Debo’ s statement squares with my experiencegrowing up in Bristow,Creek County,Oklahoma (formerly the Creek Nation)two generations later. Applesare the Color of Blood 73 ²

Fame included : : : JimiHendrix, a popularlyperceived African-American whois also of Cherokee descent. 9 Mostof the writingby mixed blood Indiansillustrates a clash ofculturerather than color(e.g., Penn, ed. 1997), andIndian writers generally have treatedcolor consciousness as a white phenomenon(e.g., Riley, ed.1993). What,then, isan “apple,”red on the outsidebut white on the inside? Ifthe blooddoes not tell, ifthe colordoes not tell, whatmakes aperson acceptedin an Indiancommunity as Indian? For a tribalpeople, the question“ Whoare your relatives?” will always have somebearing, but there isonething that perhaps goes deeper. Asa younglawyer in the seventies doingsome work for the American CivilLiberties Union, I met amanfrom a strangetribe, a New YorkJew. He wasin Texas tohelp organizeopposition to the deathpenalty. We wereat a well knownwatering hole inAustinindulging the Texas custom ofcold beer at the endof a hotday, when someoneasked himwhere he foundthe energy totravel the countryin the service ofa hopelesscause. He unbuttonedhis cuff (only aNew Yorkerwould bring a long-sleeved shirtto Texas!) androlled up his sleeve. The numberwas a bitfuzzy but still legible,the tattoofrom the Nazideath camp. “Idon’t believe thata morallycorrect position is ever hopeless,”he saidquietly. At that moment, I understoodthat his path was marked by thattattoo on his arm as clearly asthe startrail my peoplecall “the place whereDog ran.” And I felt thatI knew himas one tribal person knows another. Aftera recentspeech toa groupof archaeologists on why Indians objectto having theirgraves dugup, a remarkgot back to me thatI supposecould be taken asa compliment:“ Ifthat guy worked half ashard atbeing white as he doesat being Indian, he could!”Well, maybe. Like the famousCherokee ChiefJohn Ross, I have someScots swimmingin my gene pool.What doIhave againstScots? Nothing at all. What little Iknowof the cultureis fascinating, and I wouldvisit Scotland atthe dropof a tam.But Scots are in Scotland, where their culture still ourishes,and I donot know how to be a Scot.The blood does not tell me how. My Oklahomahome was formerly “ IndianTerritory,” and it is Cherokee languageand Cherokee loreand Cherokee peoplethat tell me whoI am.From the EuropeanInvasion until the Indianwars ended with the Nineteenth Century,the term“ Indian”was a linguisticconstruction of the invaders.We werenot “ Indians.”We wereAni Yunwiya, Yahi, Diné , Nakota.Among ourselves, we were just “ the people.”Many tribalnames

9 http://www.nativeamericanmusic.com(visited Oct. 9, 2000). 74 Russell ² inuse today attached when whitepeople asked “friendly”Indians the name ofthe “unfriendly”Indians nearby, who were typically enemies of the peoplebeing asked. The peoplecommonly called Sioux, Pima, Creek, Winnebago,Apache and Navajo – amongothers – tryto reclaim their formernames butgenerally answerwhen calledout of politeness. Cherokees have actuallytaken the name intothe language– Tsalagi –ratherthan call themselves “real people”anymore. By the timeJohn Ross,the 1/8Cherokee great-grandsonof a Scotstrader, led the tribe intoits tragic collision with European greed, Cherokees werealready intermarriedin a majorway. Clan identity was already being determined bythe last Cherokee female relative ratherthan declarethe childclanless ifthe motherwas an unadoptedwhite. Women werelosing their former politicalstatus because Europeans were concerned that a treatysigned by awomanwould appear bogus, and because Christian missionaries were presentingpatriarchy as the naturalorder of things. AllJohn Ross had to do to claim the advantagesof whiteness was ask. Instantassimilation. Instead, after winning his point in the Supreme Court(Worcester v. Georgia,1832, 31 U.S. 515), he wasmoved out at gunpointand force-marched to Indian Territory with the peoplehe tried torepresent. He buriedhis wife on the TrailWhere We Cried. The splitamong Cherokees overthe Removal remainsto this day. Somecall JohnRoss naive fortrusting the courts.Some say he couldhave gottena betterdeal for his people by recognizing the inevitable sooner. Someblame him for the killing ofsigners of the bogusTreaty of New Echota,the legal Žgleaf thatfailed to disguise ethnic cleansing. They call himnaive orthey call himwrongheaded, but they still call himCherokee. Every Cherokee isCherokee inrelation to the TrailWhere We Cried, even the EasternBand people who hid from the soldiersso desperately that they let the SacredFire go out. Every Diné(Navajo) isDinéin relation to The LongWalk. Every Cheyenne isCheyenne inrelation to the massacres atSand Creek andthe Washita.The Indiansof California, like the Indé (Apache)of Arizona Territory, remember when there wasa bountyon theirscalps: men, womenand children. These horrorsmark our paths as clearly astattoos on ourarms. This,I have cometo understand, is the bloodthat matters: the blood thatwas spilled, and the determinationto remember and to defend what remains.Color? From Redbird Smith to the sorriestblanket Indianor “apple,”we areall the same toa racisteven thoughamong ourselves most ofus have comethe fullcircle back to the irrelevance ofskin. In science, genotypestell uslittle ofwhat matters: heart and character. In modern Indianculture, the phenotypesof Jimi Hendrix or Will Rogersor Wilma Applesare the Color of Blood 75 ²

Mankiller (1993)or John Ross have little incommon except the memory ofgenocideand the colorof blood.

References

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