----- Original Message -----
From: "Ed Goertzen" <[EMAIL PROTECTED]>
To: "Magic Circ Op Rep Ens" <[EMAIL PROTECTED]>
Sent: Friday, May 04, 2001 4:18 PM
Subject: Re: Musings on the FTAA
> Hi Ray:
> Thanks for the background.
> I recall an Inuit leader who once said in a "White Man's Court" . " The
> problem with white mans law is that when a law has served (outlived) its
> purpose there is no mechanism for removing it after it has became bad
law."
> Not an exact quote.
I would agree with that.
> Sir Winston Churchill said that "in a democracy, the law flows from the
> people."
Here in the US it has flowed to the government and then been reworked by the
representitives as a compromise to come up with "one size fits all."
Except it doesn't
> It does not seem to me that the law that denied the rights to which you
> refer flowed from anywhere but from the hierarchy.
In the case of the state of Georgia and the Cherokee Nation it was the mob
that initially was a penal colony and then were so morally bankrupt that
they simply took what they had to the power to take (1838). In the 1996
issue, it was a combination of short sighted public school Indians who
treated culture as if it was property. The Creator does not give out
talent to any one group based upon a roll number. Art is not like that
and my experience with those that I know who had to do with this terrible
law is that they are now being very self-limiting. They are not bad people
but they certainly couldn't think in long waves. Something very strange
for Indians (down to the 7th generation) as well as for artists (the
discipline of private practice is a long wave with delayed gratification) .
The interesting point is that they won't discuss it with the people they
have effected.
> On any jury, I would
> overturn that law.
> It is possible, Morganthaler, the abortion rights advocate, was able to do
> just that.
>
> In my perception a jury correctly does not only judge according to law, as
> most advocates pretend, but also asks "does the law apply in this case",
> and "is the law itself valid."
>
> But then, I'm no lawyer.
I don't know,
Regards
REH
> >Hi Ed,
> >
> >Nope, it has nothing to do with lineage. It only has to do with whether
> >your direct ancestor was either 1.) a collaborator with the government in
> >the dissolution of the Cherokee, religion, identity and lands through
the
> >Dawes Act or 2.)whether you were unable to escape the federal troops or
> >marshals who were sent out to jail you until you accepted the deal and a
> >roll number.
> >
> >My Great Grandfather stayed in the hiding bushes amongst the off
reservation
> >Cherokee community in Arkansas. He also had false papers that kept the
law
> >away from him and his offspring. This ruse was kept up until the 1930s
> >when the authorities could no longer abscond with children and property
> >under the guise of white Guardianship, or as my father put it, "If you
aunt
> >was raped by a White Man we would have no recourse under the law if we
were
> >recognized as Indian." When he was fourteen he had seen a 13 year
old
> >hung by the local courts. He was sure that he didn't want to have
anything
> >to do with any of those people or their system of government, especially
if
> >he was identified as an Indian.
> >
> >He did, however, teach in Indian Schools and make himself available to
> >Indian students all of his life and they knew who he was, where he was
from
> >and who his family was. It was enough until this current law emerged
from
> >the first Bush administration in conjunction with the authorized Indian
> >governments who made it a Trademark issue. The most famous Cherokee
> >sculptor from the traditional side of the Nation was Williard Stone.
Since
> >the Stone family refused to collaborate or be caught by the Federales,
> >Williard Stone's scultures had to be removed from the Cherokee Nation's
> >Museum even though he was acknowledged as the Nation's greates sculptor
with
> >international credentials in the Art world. God, it really makes you
> >love the middle class and their ways.
> >
> >Ray Evans Harrell
> >
> >
> >
> >
> >----- Original Message -----
> >From: "Ed Goertzen" <[EMAIL PROTECTED]>
> >To: "Magic Circ Op Rep Ens" <[EMAIL PROTECTED]>
> >Sent: Friday, May 04, 2001 11:47 AM
> >Subject: Re: Musings on the FTAA
> >
> >
> >> Not to the list
> >>
> >> Hi Ray:
> >> Certainly I'm not qualified, but with the advance of DNA technology,
would
> >> it not be possible to re-enfranchise those natives who were "cut out"
of
> >> the authentication process through arbitrary measures.
> >>
> >> Regards
> >> Ed G
> >>
> >> At 02:39 PM 30/04/2001 -0400, you wrote:
> >> >Mike,
> >> >
> >> >The American Indian Arts and Crafts Act finalized in 1996 was pushed
> >through
> >> >during the first Bush administration as a way of eventually
eleminating
> >all
> >> >tribal entities, i.e. if you require a blood quantum and a membership
> >card
> >> >that allows for no "naturalized" members of an Indian Nation, then
> >> >eventually the blood quantum will drop to the point where the tribe
will
> >be
> >> >declared exstinct by the Federal government and the land will be open
to
> >> >settlement by non-Indians. It was supposed to protect Indian people
> >from
> >> >contraband art and craft work from China and Taiwan that was killing
the
> >> >authentic articles. The issue is the same as any intellectual
capital
> >> >anywhere. However the first Bush administration saw that drawing the
> >lines
> >> >very narrowly would eventually cut off the Indian nations from the
> >> >replenishment of the blood from non-Governmental Indian people who
were
> >> >family but not enrolled.
> >> >
> >> > The AIACA begins by declaring only card carrying members who relate
back
> >> >"in a direct line to an enrollee", i.e. your great uncle by blood
won't
> >do,
> >> >are considered tribal members according to the government. Tribal
> >> >membership constitutes a "trademark" owned by the tribe and so any
artist
> >> >whose ancestors weren't collaborators (or were good enough to evade
> >capture
> >> >by the army and jailed for same purpose ) cannot call themselves an
> >Indian
> >> >or their art in the tradition of their family. Any gallery that
> >exhibits
> >> >their art as such is liable for over a million dollar fine for each
> >article.
> >> >
> >> >In the Cherokee nation there were around 6,000 traditional Cherokees
who
> >> >practiced the old religion and spoke only Cherokee who were never
> >enrolled.
> >> >The count is still high and they still practice the old religion and
most
> >> >are still Cherokee language only speakers. Something that is not
the
> >case
> >> >in either of the authorized Cherokee nations East or West.
> >> >
> >> >This is not an issue with the people in either nation but with the
> >> >government and its equal treatment of Citizens within the country as a
> >> >whole. For Indian people it is a classic Batesonian Double bind.
> >> >
> >> >Welcome to the world of Indian People Mike. This has been the shell
> >game
> >> >practiced for over 300 years in the world's most "Christian" Nation.
> >> >Artistry is not a part of their fundamentalist traditions and to them
we
> >are
> >> >just another Pagan to be eleminated or converted. For a long time
they
> >> >weren't sure that we were human since we aren't in their holy book.
> >All
> >> >of the Middle Eastern Fundamentalisms are hard on artists and pagans.
> >> >
> >> >REH
> >> >
> >> >----- Original Message -----
> >> >From: "mckeever" <[EMAIL PROTECTED]>
> >> >To: "Magic Circ Op Rep Ens" <[EMAIL PROTECTED]>
> >> >Sent: Monday, April 30, 2001 10:56 AM
> >> >Subject: Re: Musings on the FTAA
> >> >
> >> >
> >> >> Ray:
> >> >>
> >> >> Are serious?
> >> >>
> >> >> Let's find an up-the-establishment gallery and put on an exhibition.
> >> >> especially if the artist is broke - being judgement proof is a good
> >thing
> >> >> sometimes.
> >> >>
> >> >> Mike
> >> >>
> >> >> PS Loved Susan George, am distributing the piece to interested
parties
> >on
> >> >> the ipe list.
> >> >>
> >> >> Mike
> >> >>
> >> >> Like the
> >> >> Cherokee sculptor Jimmy Durham whose ancestors resisted the
government,
> >> >> refused to collaborate with the thieving state governments who acted
> >like
> >> >> Nazis and banned Indian religions from 1880 to 1978 and enrolled
> >Indians
> >> >to
> >> >> keep track of them. Most of the traditional people hid in the
> >mountains
> >> >> rather than be jailed for speaking Cherokee or practicing the
religion.
> >> >> Today, the latest gloss is that no Indian without an enrollment
number
> >> >from
> >> >> that period can earn a living as an Indian artist without it.
Fines
> >are
> >> >> from $250,000 to over one million per infraction. The same being
true
> >to
> >> >> any gallery that exhibits their work as Cherokee or even Indian.
> >> >> Michael Pierce McKeever, Sr.
> >> >> Economics Instructor, Vista Community College, Berkeley, CA
> >> >> URL: www.mkeever.com [Note: no 'c' in mkeever]
> >> >>
> >> >
> >> >
> >>
> >>
> >>
> >
> >
>
>
>
