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From: H-Net Staff via H-REVIEW <h-rev...@lists.h-net.org>
Date: Thu, Feb 14, 2019 at 1:25 PM
Subject: H-Net Review [H-AmIndian]: Peach on Greer, 'Property and
Dispossession: Natives, Empires and Land in Early Modern North America'
To: <h-rev...@lists.h-net.org>
Cc: H-Net Staff <revh...@mail.h-net.org>


Allan Greer.  Property and Dispossession: Natives, Empires and Land
in Early Modern North America.  New York  Cambridge University Press,
2018.  464 pp.  $99.99 (cloth), ISBN 978-1-107-16064-4; $29.99
(paper), ISBN 978-1-316-61369-6.

Reviewed by Steven Peach (Tarleton State University)
Published on H-AmIndian (February, 2019)
Commissioned by F. Evan Nooe

Indigenous and Euro-American Land Tenure in Colonial North America

When Euro-American colonists began to settle in North America in the
sixteenth century, they claimed land in a "Native American property
universe" (p. 95).  In the Valley of Mexico, the Nahuas surveyed
farms and other productive landholdings with arithmetic precision.
Further north, across the Canadian Shield, the Innu viewed rivers,
streams, and other natural markers as boundaries meant to separate
bands of hunter-gatherers during the search for food, furs, and other
precious resources. Likewise, south of the St. Lawrence River,
semi-sedentary Algonquian peoples organized land tenure around
villages, networks of kinship, and individuals. How these rich
traditions of indigenous landed property evolved, shaped, and
intersected with European colonial property forms from the sixteenth
to the nineteenth century is the subject of historian Allan Greer's
newest book, _Property and Dispossession: Natives, Empires and Land
in Early Modern North America._

In the introduction, titled "Property and Colonization," Greer
outlines a theoretical framework that challenges an assumption among
historians and anthropologists that Indians and colonists in early
America either owned or did not own landed property. This is an
"on/off binary conception of property," he suggests, one that
obscures the complexities of land tenure (p. 2). Land was not a
"single thing," land ownership was never absolute, and as late as the
nineteenth century, nation-states' "exclusive personal control over
land" remained elusive (pp. 2, 18).  Rather, North American land has
always been "part of a landscape that has natural, social and
spiritual dimensions" (p. 12). Inspired by the scholarship on private
property, Greer contends that land is deeply contextualized in social
relations, and that, therefore, land ownership in early America
remained an active and contested process (pp. 11n26, 12n27, 13n29).

To track what he calls "property formation" in early America, Greer
examines the shifting ways that American Indians and Euro-Americans
defined, held, and used land between 1500 and 1800 (p. 2). Part
synthesis and part original analysis, his book draws upon the
archaeological record, indigenous (especially Nahua) pictographs,
colonial-era maps, imperial correspondence, missionary reports, and
numerous articles and monographs. Abandoning a nationalist approach
to property ownership in early America, he scans New Spain, New
France, and New England for "basic patterns in the spatial dynamics
of colonialism" (p. 11). Despite important differences among these
regions, Greer argues that colonial land practices transformed North
America and generated the gradual dispossession of indigenous peoples
in the late eighteenth and early nineteenth centuries.

_Property and Dispossession_ is divided into three sections. Part 1,
"Three Zones of Colonization," consists of five chapters that provide
a narrative history of property formation in New Spain, New France,
and New England. He begins with a synthesis of precontact indigenous
property forms and shifts into an examination of Indian-white
property encounters in each colony. Part 2, "Aspects of Property
Formation," features a comparative analysis of the colonies. Each of
the four chapters in this section is devoted to a theme, namely the
indigenous and colonial "commons," the Enlightenment-inspired
"spatial revolution," surveying, and centralizing empires' influence
on colonial property forms (pp. 242, 283). Part 3, "Conclusion and
Epilogue," traces the disconnect between the idealism of private
property in the Age of Revolution and the messy, on-the-ground
realities of land tenure.

This review probes four analytical threads that connect parts 1, 2,
and 3: 1) private versus communal property ownership; 2) colonists'
acknowledgement of indigenous properties; 3) variability in colonial
property forms and practices; and 4) indigenous agency in
nineteenth-century nation-states' attempts to erase Native people
from the land.

First, Greer overturns a scholarly tradition that associates private
property ownership with Europeans and Euro-Americans, on the one
hand, and communal property ownership with American Indians, on the
other hand. He examines archaeological reports, indigenous language
accounts, and legal records to show that Indians _and_ colonists held
land both privately and communally. The main precontact unit of
social and political organization in the Valley of Mexico was the
_altepetl_, which encompassed several neighborhoods (_calpulli_) and
kin-based households that farmed corn. Greer shows that while land
"belonged" to individual Nahua _macehuales_ (commoners), who
cultivated crops, each calpulli exercised some "control" over
farmlands and farmers (p. 35). Furthermore, land ownership among the
Native peoples, or "Ninnimissinuok," of New England ran the gamut
from individual "control" to the collective use of lands by multiple
villages (p. 42). Finally, Greer combines a seventeenth-century
Jesuit account with modern anthropology to contend that in New
France, "the hunting grounds of mobile and nomadic peoples like the
Innu" constituted a "property system"  (p. 49). Its dimensions
reflected a shared "social universe" and individualized "family
territories" (pp. 47, 50).

Moreover, Greer demonstrates that indigenous property shaped the
direction of colonial property and power. Across North America,
colonial administrators, missionaries, farmers, ranchers, and other
agents of empire adapted to preexisting indigenous land ownership. In
the Valley of Mexico, Hernán Cortés and other conquistadors carved
New Spain out of the lands controlled by Nahua _altepeme_ (sing.,
_altepetl_). Unlike the British and French, however, the Spanish did
not conflate _imperium_ (sovereignty) with _dominium_ (ownership).
Rather, the Spanish Crown "recognized" indigenous property and deemed
"indigenous title ... primordial" in New Spain (p. 73). As a result,
colonial officials instituted "two distinct land laws" that separated
Spanish lands from Nahua lands. The _republica de indios_ and the
_republica de españoles_ of New Spain partially resulted from and
reinforced the monarch's guarantee of Nahua land title.

In New England and New France, by contrast, the Crown claimed
sovereignty and ownership over North America's indigenous people and
lands. Even in those two colonies, though, settlers grappled with
Native land tenure. Massachusetts Bay Puritan towns obtained deeds to
land from Algonquian sachems, suggesting that English immigrants
lacked the power to confiscate Algonquian lands in the decades
preceding King Philip's War (1675-76). Moreover, many of these
transactions "took place outside the bounds of a market economy" and,
instead, took the shape of on-the-ground relationships (p. 89). To
found Rhode Island, for example, the dissident Roger Williams
purchased Narragansett land but later testified that the transaction
was not commercial but, rather, a reflection of "personal relations,
neighborliness and ... moral obligation" (p. 89).

If the English "sought exclusive rights" to Algonquian land, as Greer
contends, the French "imposed layers of partial and limited claims"
on Innu and other Native lands (p. 178). The messiness of these land
claims afforded Native people in New France some autonomy. In the
early seventeenth-century St. Lawrence valley, for instance, Jesuit
missionaries founded the Sillery mission, granting Innu families
continued access to the eel fisheries (_Kâ Mihkwâwahkâšič_) that
had sustained these indigenous people since before French
colonization. Although colonists overran the fisheries in the 1660s,
Greer stresses that Native land title remained contingent on the
fluid relations between the Innu and French.

Fluidity structured and limited colonial property forms and practices
in North America as well. As a feudal colony, New France supported
numerous fiefs where the line between proprietor (seigneur) and
commoner (vassal) blurred considerably. Both held "different and
overlapping stakes in a given piece of land," and commoners
themselves occasionally, albeit rarely, purchased their own
seigneurie (p. 161). Moreover, the imprecision of seventeenth- and
eighteenth-century surveying of riverfront properties along the St.
Lawrence meant that "actual possession" of land trumped "geometric
rectitude," generating endless disputes between colonists (p. 345).
For the Valley of Mexico, too, Greer examines rare property maps to
reveal that the outer boundaries of _haciendas_ (commercial ranches)
eluded precise measurement and impinged upon and overlapped with
neighboring _haciendas_ and with the outer boundaries of Nahua
_pueblos _(figures 9.3 and 9.4). Similarly, the resources of the
_montes_ (vacant wastelands) straddling the Hispanic and indigenous
republics were "equally open" to both (p. 254).

Likewise, land tenure in Massachusetts, Connecticut, and Rhode Island
resembled a checkerboard of landed properties. Unlike the
"territorially open-ended" colonies of New France and New Spain, New
England colonies were "spatially limited" (p. 196). As a result, the
Puritan town rested on fixed space, exercised autonomous power to
grant land to newcomers, and supported a dizzying number of land
types. Individual townsmen owned countless land grants that were
"fragmented and dispersed" and used land for grazing, logging,
haying, farming, and a variety of other purposes (p. 214). While
Greer relies heavily on the vast scholarship dedicated to
seventeenth-century Puritan town life, he raises the important point
that land ownership was "amorphous," "conditional," and subject to
variations in terrain and soil quality (pp. 208, 213). The New
England town was as much a material reality as an intellectual and
political space.

In all three regions, empires' and colonists' attempt to remake
indigenous spaces into "colonial places" with secure, absolute title
was never "entirely finished" (pp. 294, 355). To a degree, indigenous
people were responsible for obstructing colonial property-making.
Unlike in New England and New France, Indians in New Spain defended
their lands by manipulating the Spanish bureaucracy and drawing upon
precontact oral and pictographic traditions. Nahuas illustrated
precontact land claims in postconquest pictographic records;
completed titulus primordiales (primordial titles) meant to prove
actual possession; and obtained legal protections to land in the form
of an amparo (protective order). Mechanisms designed to preserve
Nahua land were more successful in the Nahua heartland around Mexico
City than in the north, where hacendados (commercial ranchers) had
eroded indigenous land by the early eighteenth century. Similarly,
the indigenous peoples of "Lower Canada" used "court actions,
petitions and face-to-face meetings" to preserve some of their lands
after Britain acquired Canada from France in 1763 (p. 405).

_Property and Dispossession_ is a deeply researched and sweeping
account of the forms and practices of landed property in early modern
North America. Yet the book is less about indigenous dispossession
and more about indigenous _persistence_. Over and over, Greer
demonstrates that the Nahuas, Innu, and Ninnimissinuok protested land
encroachment and opposed private property formation from the
nineteenth to the twenty-first century. His careful work on the
multiplicity and messiness of landed property among colonists in all
three regions only deepens his central argument that absolute
ownership of property eluded colonial control and created
opportunities for indigenous people to defend ancestral lands. Still,
this book would foster healthy debate among graduate students in
reading seminars on colonialism and imperialism, ethnohistory, and
law and society. It is an exciting and nuanced contribution to the
history of colonial North America.

Citation: Steven Peach. Review of Greer, Allan, _Property and
Dispossession: Natives, Empires and Land in Early Modern North
America_. H-AmIndian, H-Net Reviews. February, 2019.
URL: https://www.h-net.org/reviews/showrev.php?id=52817

This work is licensed under a Creative Commons
Attribution-Noncommercial-No Derivative Works 3.0 United States
License.




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Best regards,

Andrew Stewart
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