Thursday, August 26, 2010
Hensley Was Right
i think that Hensley was speaking the truth when he said that the only title the Natives had or needed was the fact that they have lived and occupied the territory for thousands of years; long before the whites came (including the Russians). and now today we are far better off then the Natives down in the lower 48. i dont think i could imagine Alaska if ANCSA didnt pass.
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I think the only reason that the deed was invented in Europe and elsewhere was that Europeans used the land for more that subsistance. It gave them the right to build their business on the land, to rent it , or to be sold elsewhere. I am certain that this got so confusing that they finally invented the deed. But for Natives, this was not an issue, since it was simple: this land is my land, that land is your land, and if you tresspass, I have the right to evict you except if you are the chief.
ReplyDeleteI don't really know why they invented the deeds but I agree that these reasons probably had an effect on whether or not the deed was created. Farming could get very confusing if the borders of your lands are clear and if someone starts farming on your land, as the countries in Europe are much smaller than Alaska so I think people would be in a much closer perimeter of each other, that this land was indeed yours. Yet above the deed, I think land belongs to those who have used that land for thousands of years to survive. Now if a person owns a deed to this land and they allow this family to use it for thousands of years, that's not the same thing. If that family used that land for thousands of years and then that person got a deed to it, I believe the fact that the other family had already been there for so long is a better claims to that land than a slip of paper.
ReplyDeleteI agree. actually, i am now going to state a controversial opinion here. I do not think that it was so much whether or not someone had a deed as much as Europeans were under the assumption that if the land was not used for farming or living, they were not using the land. this was a wrong assumption.
ReplyDeleteAlong with that too, Alaska Natives had no written language. How were we to have a deed that stated that Alaska belongs to Alaska Natives. There was no concept of personal property in villages, the land wasn't divided equally among the villagers but shared. It get's more complex with different tribes like between the Inupiaq's and Koyukon Athabascans because they were enemies pre-historically (before contact) but it's ridiculous how they basically stole the land. But I agree, I can't imagine life without ANCSA. No scholarships, no free health services and the list can go on.
ReplyDeleteI agree with you Kyran. I could not imagine what Alaska would be like today if ANCSA never passed. But we needed proof of land ownership because when oil was dicovered the white people wanted to take over.
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