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Extra info for Domestic Subjects: Gender, Citizenship, and Law in Native American Literature

Example text

46 The Indian Act in Canada likewise understood legal whiteness as a form of property or capital. This is central to the concept of enfranchisement, which inherently understood that Indian women who married white men would be gaining social and legal capital through their new claims to whiteness. Likewise, white women who married Indian men would be losing their property rights to whiteness, although gaining some form of Indian status rights and band membership. This form of property, as is evident in both Paquet and Johnson’s story, relies in part upon the subordination of Indian marriage law as inferior or even illegitimate as a legal system.

This form of property, as is evident in both Paquet and Johnson’s story, relies in part upon the subordination of Indian marriage law as inferior or even illegitimate as a legal system. The stakes are extremely high for Christie: when she refuses to accept the denigration of Indian rites as a legitimate system of law, she also resists the property-making function of the law that establishes whiteness as a form of capital. She throws away her ring. These two forms of constructing property rights—the management of real property and the structuring of rights for both named and unnamed subjects—come together again in a second story that centers upon marriage.

Native Americans under assimilation policies encountered impossible situations, where the opportunity to be recognized as citizens (as “man,” in both narrow and broad senses) came at the price of disarticulating themselves from their families and cultures. In multiple ways the Dawes contract involved the exchange of the intimate domestic for the settler-national one, extinguishing the tribal-national domestic in the process. In Oskison’s story, Miss Evans shares the burden of this knowledge but is incapable of resolving it.

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