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The Other Slavery: The Uncovered Story of Indian Enslavement in America

Nonfiction | Book | Adult | Published in 2016

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Chapter 10-EpilogueChapter Summaries & Analyses

Chapter 10 Summary: “Americans and the Other Slavery”

Americans moving into the West during the first half of the 19th century were surprised by the existence of Indigenous slavery since most were accustomed to African slavery. James S. Calhoun, the first Indian agent in New Mexico, described a thriving market of captives in New Mexico. He observed that the term for Indigenous captives was “peons” (245) rather than “slaves” (245). These captives could only escape their servitude if they paid a certain amount to their owners. Agent Calhoun likened debt peonage to chattel slavery.

While Calhoun and other American settlers tolerated debt peonage, or the other slavery, some Americans “went several steps beyond that by practicing it and enshrining it in law” (246). One example is the debt peonage system in California. In 1846, a commander for the Northern Department of California “issued a proclamation warning people who ‘have been and still are holding to service Indians against their will’ to desist and urging the general public not to regard Indians ‘in light of slaves’” (263). The proclamation also stated that Indigenous peoples had to be employed. Once they paid off their debts with one employer, they had to find work with another. Failure to do so resulted in arrest and drafting into public works projects.

The secretary of state of California further formalized this proclamation by introducing a certificate and pass system in 1847. Under this order, employers issued certificates of employment to their Indigenous workers. If Indigenous workers wanted to travel to visit friends or family, they also needed a special pass from their employer. These certificates and passes allowed local authorities to “monitor and control the movement” (263) of Indigenous peoples. This order allowed ranchers to force Indigenous peoples to stay on their land and work to pay off “debts.” It also enabled local authorities to find unemployed Indigenous peoples and subject them to labor drafts.

The most important piece of California labor legislation pre-Civil War was the Act for the Government and Protection of Indians of 1850. Despite its name, this act did nothing to protect Indigenous peoples from slavery. It allowed residents of the state to obtain Indigenous servants through convict leasing. Indigenous children were “apprenticed” to white workers. Their employer frequently controlled the child’s earnings and their wellbeing until after their apprenticeship was over, giving the employer what was essentially free child labor to support their business. For this reason, the trafficking of Indigenous children increased in the state. While these various labor laws in California all claimed Indigenous peoples were not slaves, they all still coerced them into forced labor.

Chapter 11 Summary: “A New Era of Indian Bondage”

The Mormons, who began arriving in Utah in 1847, became especially notorious Indigenous slavers. Brigham Young, the Mormon leader, thought slavery was a natural part of the human condition. Many Mormons also believed that the Indigenous groups were descendants of Lamanites, an ancient tribe of Israel. In the Book of Mormon, God cursed the Lamanites, who grew increasingly warlike over the centuries. For many Mormons, enslavement was the path toward redemption for these Indigenous groups. Like other white settlers though, the Mormons were uncomfortable with the bloodshed and mayhem that trafficking caused. Young’s solution was to crack down on some forms of trafficking, especially that of children. He supported a law that would enable Utah residents to become guardians of Indigenous minors. By doing so, he hoped to prevent some of the most brutal aspects of the Indigenous slave trade while also helping redeem Indigenous peoples. In the end, Mormons, like many other white settlers, still view Indigenous peoples as slaves or at least “an underclass that could be readily exploited” (274).

A direct result of the American conquest of the West and the Civil War was the enslavement of Navajos in the 1860s. During the Civil War, the Navajos in New Mexico grew increasingly frustrated with their treatment by white settlers. In the spring of 1860, the Navajos assembled more than 1,000 warriors, which was the largest war party ever recorded in their history. The war party aimed to “overrun the only American military outpost established within Navajo territory” (278). In response, white and Hispanic residents of frontier communities banded together to form local militias. Other Indigenous groups who were enemies of the Navajos also fought back against the Navajos. The US military also got involved in the conflict. The Navajos and US government signed a peace treaty, but some Navajos continued attacking white settlements. Many of these Navajos were from lower socioeconomic statuses and had lost much in the various conflicts and raids through the years. The US military’s fight against the Navajos continued through 1864, when many of the Navajos began surrendering after the US army made it to Canyon de Chelly.

US government officials relocated the Navajos to the Bosque Redondo reservation in New Mexico. Many Navajos were captured by slavers heading to the reservation and sold off throughout the American Southwest. For the Navajos, this period is known as “the Fearing Time” (293). By the end of this forced removal, more than 8,000 Navajos lived on the reservation. Many remained as slaves to wealthy New Mexicans, including government officials. In fact, the percentage that remained enslaved was extremely high. Reséndez notes that “for the present-day United States as a whole, it would be as if the population of California, Texas, or New York and New England combined were suddenly sold off into slavery” (294).

Chapter 12 Summary: “The Other Slavery and the Other Emancipation”

Chapter 12 focuses on the “piecemeal process of liberating Indian slaves” (312) by the federal government. As the North gained victories over the South in the Civil War, a group of congressmen began to think about what the country would be like post-Civil War. Congress created the Joint Special Committee on the Condition of the Indian Tribes to investigate their treatment by US military and civil authorities. Despite amassing hundreds of pages of testimonies and documents, the committee did not produce any concrete proposals for how to end Indigenous slavery.

American leaders also initially tried to include the term “involuntary servitude” in the 13th Amendment. While this amendment was to ensure the abolition of slavery for Black individuals, the inclusion of this term would have enabled the amendment to be applied to other forms of slavery. This amendment passed in 1865, but a Supreme Court ruling in 1873 resulted in the law only being applicable to chattel slavery in the South.

It was only the Indian Citizenship Act of 1924 that granted federal citizenship to Indigenous peoples living in the US. Congress failed to end the other slavery through constitutional amendments. Reséndez emphasizes that “in contrast to the enormous dynamism and adaptability of the other slavery, the legal framework introduced to combat this form of bondage remained narrowly conceived and frozen in time” (313). Legal scholars note that the 13th Amendment played almost no role in ending the other slavery, even though it was supposed to nationalize the right of freedom for all those living in the US. The US, and most places around the world, have failed to abolish the other slavery. Thousands of agricultural workers continue to live in economic peonage throughout the country.

Epilogue Summary

The US and global community broadly have seen the emergence of new forms of the other slavery. In the late 1800s, for example, padrones, an Italian word meaning boss, dominated various immigrant communities. These padrones helped their fellow compatriots travel to the US at exuberant costs. They also pocketed much of their employees’ salaries, even holding some in bondage. The padrones were akin to slave owners of the American past.

As Reséndez demonstrates, slavery, particularly that of Indigenous peoples, has existed for the last 400 years and continues to exist today. While there has been a resurgent focus on modern-day slavery, Reséndez believes that the history of Indigenous enslavement provides lessons. First, slavery is not new. By placing the emphasis on new forms of slavery, many of which are based on much older practices, we continue to “underestimate the staying power and extraordinary adaptability of slavery itself” (319). The failure of countless laws and campaigns to eradicate Indigenous slavery over a 400-year period is a powerful testament to this horrible truth. Second, the other slavery does not comprise a single institution. Instead, various practices, such as the encomienda system and debt peonage, are suited to different markets and cultural contexts. Many of these practices, which involve informal labor coercion, fall within legal grey areas. This makes tracking slavery more difficult. Finally, it is incredibly difficult to truly stomp out slavery. While various laws, such as the New Laws of 1542, the Spanish Campaign, and the 13th Amendment, all legally prohibited slavery, none of them ended slavery.

Chapter 10-Epilogue Analysis

The final section of The Other Slavery tells the story of how Americans further institutionalized Indigenous slavery and then tried to abolish it through numerous attempts. American settlers in the West, while initially shocked at Indigenous slavery, became full participants in the debt peonage system. They were able to continue enslaving Indigenous peoples because such activities were already common throughout the region due to the long history of Indigenous enslavement by the Spanish and their descendants and other white Europeans. Reséndez makes clear that while Indigenous peoples outright revolted against their brutal treatment, there were few Europeans who banded to support them. As one example, the two Kelsey brothers were especially notorious traffickers in the mid-19th century in Napa Valley, California. Other white settlers knew about their brutal treatment of Indigenous captives, including torture, labor coercion, and sexual assault. One neighbor noted that the brothers relocated to a remote part of the state “to gain freedom to satisfy ‘their unbridled lusts among the youthful females’” (261). None of the other white settlers attempted to aid the Indigenous peoples, who did eventually revolt against the brothers, killing them. The brothers’ deaths did not end human trafficking in California, which instead continued to flourish.

Like Spanish authorities and private citizens in earlier centuries, white settlers never truly wanted to do away with Indigenous slavery but instead wanted to use it for their own means. For example, many Mormons in Utah objected to Indigenous children and women being tortured and killed by Indigenous slavers and succumbing to the “low, servile drudgery of Mexican slavery” (272). Yet, they fully favored Indigenous women and children becoming servants in Mormon homes. They argued that they were redeeming Indigenous peoples from their heathen roots through servitude.

Americans also had an extremely difficult time abolishing the other slavery. Like the 13th Amendment, the Civil Rights Act of 1866 and the 14th Amendment in 1868 also failed to end the enslavement of Indigenous peoples. Both statutes “protected and conferred citizenship rights on ‘all persons born or naturalized in the United States, and subject to jurisdiction thereof,’ but quite crucially excluded ‘Indians not taxed’” (305). As Reséndez illustrates again and again, the types of bondage used to enslave Indigenous peoples meant that many were not taxed. The clandestine and invisible nature of Indigenous slavery once again made it so the law did not consider Indigenous peoples as citizens in their own land.

Even as the federal government fought to abolish Indigenous slavery in the 19th and 20th centuries, some states remained a bastion for it. New Mexico was a poignant example. To counter slavery in New Mexico and the surrounding states, Congress passed the Peonage Act of 1867, which legally defined peonage and fined those in violation of the law. The law “was still not enough to do away with the nexus of practices and customs that had lasted for centuries” (310). Well into the late 1960s there were still people living in economic peonage in New Mexico. While Indigenous peoples are finally recognized as citizens in the US, the other slavery still exists. The Indigenous experience shows that the other slavery shifts practices and geographies and targets new groups. Attempts to abolish slavery in one area often opened slavery in another area or led to new players in the slaving enterprises. Present-day attempts to combat human trafficking must be mindful of the dynamic and adaptive nature of the other slavery.

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