What you have encountered is the John Locke concept of wasteland.    Stolen
land in the first place under "squatters rights", that were then
undocumented and basically unused.   Once they did it to your people, they
now, like Hitler and the Jews, Gypsies, homosexuals etc., have turned on
their own and began to devour their own lower class or "other" citizens.   

Our people are perfectly literate and have been for generations.   We not
only write in English but in Cherokee as well.  (Even though the Cherokee
language and religion was banned when I was in school)   Indians have had
newspapers for almost two hundred years.   They have been periodically
banned because being written in Cherokee the dominant culture couldn't read
them and figured things were being discussed behind their backs. They were
correct.   I was amazed when I met illiterate non-Indian Celtic people in
Nova Scotia.   Why did these Celtic people give up their language for
English?   

Even though Indians had big college degrees beginning in the 1820s and were
literate in English before that, we were still declared unfit and needed
guardians when we refused to grant mineral rights to oil and mining
companies.   (We had the Cherokee Phoenix National Cherokee language
Newspaper in the 1820s.)   In the 1820s gold was discovered on Cherokee land
that ended in a death march and as many people's dying as died in the World
Trade Center from a much smaller population base, splitting the Cherokee
people, it seems, forever.  At the turn of the 20th century oil and minerals
were "discovered" on Indian land and the dominant society wrote bad
contracts (that were then ignored even for the little royalties they gave)
and they gave the non-Indian guardians big salaries for the jobs, even land
with mineral rights.  (I understand these same deals are happening in the
oil sands in Canada.)

Today the land despoiled has been returned to the original owners to fix.
That's us.   The capitalist companies have destroyed a whole Appalachian
Celtic, in some cases illiterate, society in West Virginia and leveled the
Mountains as well.   

So Locke is turned on his head.    Great forest land that was "waste" is now
truly "waste" and good for nothing.  We call it witchcraft.   Only an evil
witch would conceive of such a system.  The Pueblo MacArthur Genius Grant
writer Leslie Marmon Silko has written extensively about the "witchery"
involved in this.   Surprisingly to the witches, the Quapaw are happy to
have their land back.   Non-Indians would have sued the government for
replacement land but the Quapaw consider the land to be hurt.   The earth
mother to be damaged and willingly or not themselves to be complicit in the
damage.    As a result they want to work to heal the land and bring the
mother into balance even though it may take hundreds of years.   I am proud
to have been a part of and helped such a magnificent people with such
morals. 

REH



-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Mike Spencer
Sent: Wednesday, September 08, 2010 3:26 AM
To: [email protected]
Subject: Re: [Futurework] Going Viral: FW: [p2p-research] Empoweringthe
Empowered or Public Data for Everyone


> A few questions...
>   1. has the case you point to below been documented anywhere?

Not to my knowledge.

>       2. did the gentleman in question look for help from any source
>      (apart from a lawyer)? If so, what happened?

He received notice by mail of a claim. He is illiterate.  His wife
(recently deceased) was minimally literate. They didn't fully
understand the purport of the notice but passed it to a slightly more
literate relative who was to look into it somehow.  The looking into
seems never to have happened.  As a consequence, the claim was
uncontested.  When a third party, contracted verbally by my neighbor,
began to cut timber on the land, he was accused of theft by the (newly
legal) owner.  At that point the third party (literate) and the
neighbor consulted a lawyer who reported that the claim to title to a
portion of my neighbor's land had been uncontested and so was now,
under the new GIS legislation, guaranteed by the Crown to the predator
claimant.

> 3. what kind of help might have been useful for him do you think and
> how could that help have been made available in your community or in
> a way that he could easily access...

Well, in rural Nova Scotia, there are a lot of older people who are
functionally or totally illiterate.  They (as well as many quite
literate older people) tend to depend on extended family networks for
support.  This tends to be almost orthogonal to the established legal
conventions of documentary notification, statutory benchmarks and the
like.

When I bought a piece of land 35 years ago, the vendor and another,
older guy (born about 1900) walked the boundary with me through dense
bush, pointing out landmarks.  That old Clayton said "This is the
boundary that my father and I knew in 1913 when we lived on this land"
was my guarantee.  Certified by living memory of a relative of the
vendor.  Ray should recognize this as how things are done.

So: lets say that you can't get title to property the ownership of
which you're contesting until an advocate has verified by personal,
face to face conversation that the affected parties understand what's
going on.  The claimant has to pay for that but cannot approach or
influence the advocate.  There is no digital way to do this.  In
today's world, I'm not sure there is *any* way to do it. Most educated
people barely realize that people such as my neighbor exist and have
never met one.

The predator in this case had spent many hours amassing a collection
of documents, essentially the corpus of a detailed title search, from
which it was possible to infer that an error had been made (or
possibly that a scam had been perpetrated) 90 or 100 years ago such
that a parcel woodland acreage had more or less vanished, becoming
part of another, or possibly two other, parcels. No question of
ownership had arisen since that time. That's vague enough that it
could have been contested, even though the "old guys" who could
have vouched for it 40 years ago were now dead.  

But an illiterate guy, however skilled a horseman and woodsman, would
need a lot of verbal discussion without big words or legal jargon to
get it.  He'd want to consult relatives who might know the story
gramps told to uncle George that related to the situation.  He might
have to go out in the woods and look at the lay of the relevant land.

The other option, of course, is for 4 young guys to take the predator
out behind the barn and beat the shit out of him with pick axe
handles.  That's not a preferred methodology here in Lunenburg County
although if I worked at it and hung around in places that I usually
avoid, I think I might find some volunteers.


- Mike

-- 
Michael Spencer                  Nova Scotia, Canada       .~. 
                                                           /V\ 
[email protected]                                     /( )\
http://home.tallships.ca/mspencer/                        ^^-^^

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