In Regard To Those Remaining Unclaimed

144 years ago today, John Ward, obedient servant and Special Indian Agent wrote a forty five page letter regarding "The Navajo Problem."

In beautiful handwriting, with certain s-s that give the impression of f-s, agent Ward outlined several suggestions for managing the Navajo after our return from Hwéeldi.

Bind them on all sides. Enclose them within military posts. Maintain a full company of well mounted militia and employ fifteen Pueblo or "well disposed Navajo Indians" as guides for itinerants and explorers. Pay them. Arm them with proper guns and two horses.

"At least at the commencement of the scheme."

He follows with details.

Details about the 1200 Wild Indians, largely Apache.

Details about Carson's attack on da'ak'eh, requiring three hundred men most of one day to destroy the fields of the Valley de Chelly.

Details about the likelihood of conversion, his recommendation: start with our children. Turn them over to the Catholics and their imposing ceremonies—their peculiar training, and ease at secluded living gives them a certain advantage over other denominations and temperaments.

On page 37 he reaches the question of orphans. "I would here suggest, that orphan children should have the first privilege."

What is the nature of this privilege?

"Many of the captives in question, particularly the grown ones, must now be Orphans, and are perhaps without even any near relatives to take care and provide for them properly. Whilst others are unwilling to go back to the tribe."

By page 39 he's mulling over these circumstances and the fate of these children. What is to be done with them? Turn them over to the first Navajo that claims them? What if these claims are short in coming? What if the Navajo just claim random youth for their own profit and domestic needs—and turn around and enslave them?

Clearly Ward is speaking of mores and motivations he's familiar with, and to a great extent, endorses: "Besides, it is not reasonably to be expected, that any family in the country having any such captives, will be willing to give them up, upon the mere representation of a Navajo Indian; Humanity itself would prevent it."

What is reasonably to be expected?

What is the character of mere representation? By what manipulations does one leave such low and insignificant impressions upon another? Mere representations?

By what means would humanity itself prevent it? Whose humanity is he addressing?

Even if these concerns could be adequately addressed to the satisfaction of this agent, the Peace commission and the Peace commissioner Ward expresses additional concerns, for the safety of the settlers, a sort of question of homeland security. The captives, in their position as slave, would necessarily know a great deal about the families they were owned by, among this knowledge would be intimate details about the people, their style and habit of life, their herds, their preferred grazing practices and locations. This knowledge would make the captives, if returned, a great asset to the Navajo should there be another war, another war for land, or for free movement on the land. These facts, considerable as they are, needed to be addressed by the agent and by the colonial governments (state and federal).

"This question will be a troublesome one until duly settled. The Navajoes will continue to claim their people, and on the other hand, the citizens to refuse to give them up."

Ward's letter is rich and concludes with the promise to deliver the souls of "those remaining unclaimed, in possession of the agent, or unwilling to remain with their people" [if they can even be identified] to "such Christian persons as would be willing to take charge and provide for them properly."

In reading this letter today I cannot help but consider the relevance of reach and Ward's concern that the Navajo would continue to claim their people. It is clear and indisputable that "the citizens" (of New Mexico and the United States) would refuse to give those remaining unclaimed, in possession of the government, or such Christian persons taking charge of them, up for any reason or ransom. But what could alter a person, and disfigure them so completely, that they would become beyond (our) reach, beyond (our) ability to recognize them, and allow us to cut them lose, and surrender their souls to their owners.

This is one question that all natal isolates must answer. It is the same question those who retain possession of their lines must answer also. It is a question of origins. It is a question of relations, bought and sold.

excerpt from The Legacy of Navajo Slaves

Taking the point of the view of the slave, manumission by the state is commonly viewed as the most complete method. State manumission seemed to granted the slave, or newly freedman, the fullest integration into society, without the consent of his master. This is what occurred with the Emancipation Proclamation issued on January 1, 1863. It is crucial to remember that this proclamation was not applied to Indian slaves, because "[t]he system of servitude prevalent in the American Southwest—peonage and Indian slavery—. . .were never regarded as involuntary servitude, as in the case of Negro slavery." (p. 178, Bailey) Union soldiers reached Galveston, Texas, on June 19th,1865, bringing with them the news that the civil war had ended and slaves were freed— this date is still celebrated as Juneteenth, "the oldest known celebration commemorating the end of slavery in the United States"—yet Indian slaves, Navajos among them, were still being held in bondage. Even after Joint Resolution No. 65 was passed on July 27, 1868, five years after the Emancipation Proclamation, giving "General William T. Sherman power/authority to use the most efficient means at his disposal to reclaim from bondage the women and children of Navajo and other tribes; then held in bondage and return them to their respective reservations." (p. 186, Bailey) New Mexicans resisted and fought, successfully, to maintain their hold, culturally and legally upon their slaves. Revealing that "[l]aw . . .is merely that complex of rules which has the coercive power of the state behind it." (p. 26, Patterson)

"For the most part, Indians carried to Rio Grande settlements and sold into slavery were lost forever to both tribe and kinsmen—as no treaty clause could induce New Mexicans to release property they had paid as high as $200 per head for." (p. 126, Bailey)

In his book, Indian Slave Trade in the Southwest, Lynn Bailey articulates one of the arguments against manumission: "Often Mexican families held second and third generation captives. They had lost their native language, customs and habits. No longer were they Indian; in all respects they were like their masters. To uproot these individuals was indeed a crime, and to send them to an Indian reservation was virtually exiling them to an alien land and people. Many Indian children, taken captive in infancy, had been adopted into Mexican families, baptized and brought up as Catholics. The protestations of New Mexicans against giving up such Indians were loud— and not without some degree of merit. To release these children into the hands of the military to be placed upon a reservation, would do them great injustice. These peons were Indian only in blood—they were Mexican in habit, speech and tradition." Bailey's argument illuminates the principal philosophy at work in the slavery program.

New Mexican families argued that Navajos didn't have the same feeling for their children as more civilized peoples, that as primitives and heathens, we wer incapable of such attachment. Their argument fails in every area. They ignore the fact that Navajo slaves and captives were mentioned in every treaty and treaty negotiation between 1846 and 1868: the Treaty of Ojo del Oso 1846 (1.5 yrs before Treaty of Guadalupe Hidalgo of 1848, which required that Mexican slaves be returned but made no parallel demand for the return of Indian slaves held by Old or New Mexicans), the Newby Treaty 1848 (slave raids), the Treaty of 1849/Washington Treaty (first ratified by US), the Treaty of Laguna Negra 1855, the Bonneville Treaty of 1858, Canby Treaty of 1861 (slave raids/Mescaleros), and the Naaltsoos Sání of 1868 (Note to self: Also Treaty at Jemez, July 15, 1839 and the "worthless treaty at Santa Domingo "to alleviate any resentment Navajo Chieftans had against the Mexicans" on March 10, 1841). They also ignore the fact that for over 20 years Navajos sought permission to formally track down the women and children that were stolen and sold. Eventually United States investigators admitted that Navajos were not only capable of but clearly expressed love for and devotion to their children.

Bailey's words clearly reveal the colonial desire to eradicate Indigenous people and Indigenous ways, and expose the popular belief about the existence and character of an Indian race— a theory that continues to dominate popular, academic and legal minds today. This idea of an Indian race, and the particular nature of this race, is rooted in the desire to wipe this race from the earth, and nourished by a desperate and clinging certainty that Indians will ultimately disappear. The simple and widely accepted notion that you could transform Navajos into Mexicans, Mexicans into Hispanics and Hispanics into Americans shaped the backbone of this history and continues to shape relations between peoples in the southwest today. Now poof, they are gone.

This piece is excerpted from a talk I gave at the University of California at Berkeley on November 30, 2010. I offer it today to commemorate the passing of J.R. No. 65, today in 1868.

I believe we must admit that the process of creating slaves who become New Mexicans who become Americans through an immediate and irreversible deracination program is devastatingly comparable to what the United States is still engaging in today.