Dec 29 JDN 2460674

Noah Smith and Brad DeLong, both of whom I admire, have recently written about the practice of land acknowledgments. Smith is wholeheartedly against them. DeLong has a more nuanced view. Smith in fact goes so far as to argue that there is no moral basis for considering these lands to be ‘Native lands’ at all, which DeLong rightly takes issue with.

I feel like this might be an issue where it would be better to focus on Native American perspectives. (Not that White people aren’t allowed to talk about it; just that we tend to hear from them on everything, and this is something where maybe they’re less likely to know what they’re talking about.)

It turns out that Native views on land acknowledgments are also quite mixed; some see them as a pointless, empty gesture; others see them as a stepping-stone to more serious policy changes that are necessary. There is general agreement that more concrete actions, such as upholding treaties and maintaining tribal sovereignty, are more important.

I have to admit I’m much more in the ’empty gesture’ camp. I’m only one-fourth Native (so I’m Whiter than I am not), but my own view on this is that land acknowledgments aren’t really accomplishing very much, and in fact aren’t even particularly morally defensible.

Now, I know that it’s not realistic to actually “give back” all the land in the United States (or Australia, or anywhere where indigenous people were forced out by colonialism). Many of the tribes that originally lived on the land are gone, scattered to the winds, or now living somewhere else that they were forced to (predominantly Oklahoma). Moreover, there are now more non-Native people living on that land than there ever were Native people living on it, and forcing them all out would be just as violent and horrific as forcing out the Native people was in the first place.

I even appreciate Smith’s point that there is something problematic about assigning ownership of land to bloodlines of people just because they happened to be the first ones living there. Indeed, as he correctly points out, they often weren’t the first ones living there; different tribes have been feuding and warring with each other since time immemorial, and it’s likely that any given plot of land was held by multiple different tribes at different times even before colonization.

Let’s make this a little more concrete.

Consider the Beaver Wars.

The Beaver Wars were a series of conflicts between the Haudenosaunee (that’s what they call themselves; to a non-Native audience they are better known by what the French called them, Iroquois) and several other tribes. Now, that was after colonization, and the French were involved, and part of what they were fighting over was the European fur trade—so the story is a bit complicated by that. But it’s a conflict we have good historical records of, and it’s pretty clear that many of these rivalries long pre-dated the arrival of the French.

The Haudenosaunee were brutal in the Beaver Wars. They slaughtered thousands, including many helpless civilians, and effectively wiped out several entire tribes, including the Erie and Susquehannock, and devastated several others, including the Mohicans and the Wyandot. Many historians consider these to be acts of genocide. Surely any land that the Haundenosaunee claimed as a result of the Beaver Wars is as illegitimate as land claimed by colonial imperialism? Indeed, isn’t it colonial imperialism?

Yet we have no reason to believe that these brutal wars were unique to the Haundenosaunee, or that they only occurred after colonization. Our historical records aren’t as clear going that far back, because many Native tribes didn’t keep written records—in fact, many didn’t even have a written language. But what we do know suggests that a great many tribes warred with a great many other tribes, and land was gained and lost in warfare, going back thousands of years.

Indeed, it seems to be a sad fact of human history that virtually all land, indigenous or colonized, is actually owned by a group that conquered another group (that conquered another group, that conquered another group…). European colonialism was simply the most recent conquest.

But this doesn’t make European colonialism any more justifiable. Rather, it raises a deeper question:

How should we decide who owns what land?

The simplest way, and the way that we actually seem to use most of the time, is to simply take whoever currently owns the land as its legitimate ownership. “Possession is nine-tenths of the law” was always nonsense when it comes to private property (that’s literally what larceny means!), but when it comes to national sovereignty, it is basically correct. Once a group manages to organize itself well enough to enforce control over a territory, we pretty much say that it’s their territory now and they’re allowed to keep it.

Does that mean that anyone is just allowed to take whatever land they can successfully conquer and defend? That the world must simply accept that chaos and warfare are inevitable? Fortunately, there is a solution to this problem.

The Westphalian solution.

The current solution to this problem is what’s called Westphalian sovereignty, after the Peace of Westphalia, two closely-related treaties that were signed in Westphalia (a region of Germany) in 1648. Those treaties established a precedent in international law that nations are entitled to sovereignty over their own territory; other nations are not allowed to invade and conquer them, and if anyone tries, the whole international community should fight to resist any such attempt.

Effectively, what Westphalia did was establish that whoever controlled a given territory right now (where “right now” means 1648) now gets the right to hold it forever—and everyone else not only has to accept that, they are expected to defend it. Now, clearly this has not been followed precisely; new nations have gained independence from their empires (like the United States), nations have separated into pieces (like India and Pakistan, the Balkans, and most recently South Sudan), and sometimes even nations have successfully conquered each other and retained control—but the latter has been considerably rarer than it was before the establishment of Westphalian sovereignty. (Indeed, part of what makes the Ukraine War such an aberration is that it is a brazen violation of Westphalian sovereignty the likes of which we haven’t seen since the Second World War.)

This was, as far as I can tell, a completely pragmatic solution, with absolutely no moral basis whatsoever. We knew in 1648, and we know today, that virtually every nation on Earth was founded in bloodshed, its land taken from others (who took it from others, who took it from others…). And it was timed in such a way that European colonialism became etched in stone—no European power was allowed to take over another European power’s colonies anymore, but they were all allowed to keep all the colonies they already had, and the people living in those colonies didn’t get any say in the matter.

Since then, most (but by no means all) of those colonies have revolted and gained their own independence. But by the time it happened, there were large populations of former colonists, and the indigenous populations were often driven out, dramatically reduced, or even outright exterminated. There is something unsettling about founding a new democracy like the United States or Australia after centuries of injustice and oppression have allowed a White population to establish a majority over the indigenous population; had indigenous people been democratically represented all along, things would probably have gone a lot differently.

What do land acknowledgments accomplish?

I think that the intent behind land acknowledgments is to recognize and commemorate this history of injustice, in the hopes of somehow gaining some kind of at least partial restitution. The intentions here are good, and the injustices are real.

But there is something fundamentally wrong with the way most land acknowledgments are done, because they basically just push the sovereignty back one step: They assert that whoever held the land before Europeans came along is the land’s legitimate owner. But what about the people before them (and the people before them, and the people before them)? How far back in the chain of violence are we supposed to go before we declare a given group’s conquests legitimate?

How far back can we go?

Most of these events happened many centuries ago and were never written down, and all we have now is vague oral histories that may or may not even be accurate. Particularly when one tribe forces out another, it rather behooves the conquering tribe to tell the story in their own favor, as one of “reclaiming” land that was rightfully theirs all along, whether or not that was actually true—as they say, history is written by the victors. (I think it’s actually more true when the history is never actually written.) And in some cases it’s probably even true! In others, that land may have been contested between the two tribes for so long that nobody honestly knows who owned it first.

It feels wrong to legitimate the conquests of colonial imperialism, but it feels just as wrong to simply push it back one step—or three steps, or seven steps.

I think that ultimately what we must do is acknowledge this entire history.

We must acknowledge that this land was stolen by force from Native Americans, and also that most of those Native Americans acquired their land by stealing it by force from other Native Americans, and the chain goes back farther than we have records. We must acknowledge that this is by no means unique to the United States but in fact a universal feature of almost all land held by anyone anywhere in the world. We must acknowledge that this chain of violence and conquest has been a part of human existence since time immemorial—and affirm our commitment to end it, once and for all.

That doesn’t simply mean accepting the current allocation of land; land, like many other resources, is clearly distributed unequally and unfairly. But it does mean that however we choose to allocate land, we must do so by a fair and peaceful process, not by force and conquest. The chain of violence that has driven human history for thousands of years must finally be brought to an end.