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The Rise of Tribes and the Fall of Federal Indian Law
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Opinion: Pocahontas and one tribe's bid for federal recognition

Filed Under: Opinion | Recognition
More on: pamunkey, pocahontas, race, stereotypes, treaties, women
     

Laurie Gwen Shapiro travels to historic Jamestown in Virginia and learns about the Pamunkey Tribe:
It was easy enough to get to the wedding, a straight eight-hour train ride from New York’s Penn Station to Williamsburg, Virginia. There was a free shuttle bus from the 18th-century Colonial Williamsburg to 17th-century Jamestown, 15 minutes away. But how was I going to get an indigenous perspective unfiltered by pomp and press releases?

It was simpler than I thought. Wandering around the grounds of Colonial Williamsburg, the first person I spoke with was Jeff Brown, an archaeologist digging by a slope near a cobblestone street. “You have to call my brother Kevin, I swear, he’s the current chief of the Pamunkey tribe.”

“I am the chief,” Kevin Brown said firmly over the phone, and added that he would have plenty to say on the wedding matter.

With the clomping of horses in the background, I made arrangements to meet him the next day in the upstairs bookstore café at the College of William & Mary. “Look for a man with a beaded pendant on his neck.” Then he gently advised me, “You really don’t have to keep saying ‘Native American’ in Virginia. We use the word ‘Indian’ here. Or we just name the tribe.”

I didn’t want to be uninformed going to an unexpected meeting with a tribal chief, so I quickly read up on the unusual status of Indian tribes in Virginia. In 1924 an astonishing law was passed called the Racial Integrity Act that restricted who could marry based on race. Anyone with a hint of black ancestry was considered black and prohibited from marrying a white person. But according to a subsection of the law known as the Pocahontas Exception, since the oldest Virginia families claimed descent from Pocahontas, a person with one-sixteenth Indian blood was considered white.

The law protected Native Americans somewhat from Jim Crow laws. But the long-term unintended effect of classifying people with Native American ancestry as white is what Laura Feller, a curator for the National Park Service and the foremost expert on this ugly asterisk of history, has termed “administrative genocide.” It has left “a modern-day legacy where today’s Virginia tribes struggle to achieve federal recognition because they cannot prove their heritage through historic documentation.”

Chief Kevin Brown was indeed sporting a colorful pendant the next day over his light blue oxford shirt and vest; his head was shaved bald except for a short black ponytail. “The marriage has never been a big story to our community,” he said. “A lot of little girls lived then who wed white men. Many other chiefs ruled beneath Powhatan, who used his children as a way to secure allegiances. He had as many as 50 daughters, and Pocahontas was not of as high a station as some of the other girls were. He had a child of his living at almost every tribal community, and viewed Jamestown as another opportunity to secure influence. Influence was currency back then.”

Get the Story:
Laurie Gwen Shapiro: Pocahontas: Fantasy and Reality (Slate 6/22)

Related Stories:
Pamunkey Tribe observes anniversary of Pocahontas wedding (04/08)
Pamunkey Tribe went to England to document recognition bid (02/04)
Pamunkey Tribe awaits final answer on federal recognition (1/27)


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