Engendering the Archive

Author(s):  
Karen R. Roybal

This chapter presents an overview of land ownership/property laws pre- and post-Mexican-American War (1846-1848). Drawing on historical and legal data, the chapter outlines the ways in which Mexican women, specifically, were impacted by a new U.S. legal system and makes the claim that in order to fully understand and appreciate the making the U.S. Southwest, gender must be a primary category of inquiry. The chapter calls for an in-depth and feminist examination and reconceptualization of the "official" archive to rethink: (a) what is considered "archival" and "historical," (b) who should be considered as "archiveable," or a legitimate actor in the production of historical narratives, (c) the ways in which testimonios provide primary source material that offer an alternative narrative of dispossession.

Author(s):  
Karen R. Roybal

This chapter discusses the ways in which the U.S. government created an alternative archive when it recorded Mexicanas/os' voices in the "official" record during land grant adjudication proceedings in the mid- to late nineteenth century. The testimonio of landowner María Cleofas Bóne de López serves as a prime focus in the chapter to emphasize the ways in which marriage to Mexican women was one way that both Anglo and Mexican men gained access to and amassed material property. Through this and other key cases, the chapter emphasizes that males' land ownership was often predicated on relationships to and with Mexican women and the ways Mexican men were effeminized within the U.S. legal system. The depositions serve as testimonials to the integral role of gender in the history of property ownership and dispossession.


Author(s):  
Sharada Balachandran Orihuela

Though the Treaty of Guadalupe Hidalgo (1848) ostensibly extended American citizenship to the Mexican landed class at the conclusion of the Mexican American War and ensured their property rights despite the transfer of land to the U.S., they were nonetheless stripped of formal claims to their property and forced to enter into lengthy and costly legal battles to regain possession of these ranches. Hidalgos had to compete with Anglo agricultural settlers (or squatters), as well as with the railroad barons looking to expand railways in the newly annexed territories. Women are able to best navigate the unstable political economy of the borderlands through the act of squatting, understood broadly to mean the settlement of “unoccupied” land. Read alongside the significant historical events including various land laws and pre-emption acts of the mid-nineteenth century, hidalgo women perform forms of ownership that upend the racialized and gendered logics of citizenship, and the intimate ties between property and rights. The Squatter and the Don recasts the “problem” of Mexican land occupation as U.S. anxiety over territorial expansion and colonization made more complex by the presence of differently racialized populations along the borderlands.


2014 ◽  
Vol 30 (2) ◽  
pp. 342-365 ◽  
Author(s):  
Peter Guardino

Religion was crucial to how Americans and Mexicans saw their enemies and motivated themselves to contribute to the 1846–1848 war. The very strength of religious attitudes made controlling their effects difficult. Some U.S. troops attacked Mexican Catholicism, inspiring Mexican resistance. Conversely, Mexican authorities sometimes sought to limit religiously inspired resistance. Furthermore, at a key moment some Mexicans felt their religious concerns required them to violently oppose their own government. Mexican negotiators gained protections for Catholics in the territory transferred by the Treaty of Guadalupe Hidalgo, but anti-Catholic politicians in the U.S. Senate eliminated these protections before ratifying the treaty. La religión constituyó un factor crucial en la manera de concebir al enemigo y de animarse a participar en la guerra de 1846–1848 entre estadounidenses y mexicanos. La misma fuerza de las actitudes religiosas dificultaba el control de sus efectos. Algunas tropas estadounidenses atacaban el catolicismo mexicano e inspiraban así la resistencia. A su vez, las autoridades mexicanas a veces buscaban limitar la resistencia inspirada por la religión. Además, en un momento clave, algunos mexicanos sintieron que sus preocupaciones religiosas les exigían oponerse violentamente a su propio gobierno. Los negociadores mexicanos obtuvieron protección para los católicos en el territorio transferido mediante el Tratado de Guadalupe Hidalgo, pero los políticos anticatólicos del Senado de Estados Unidos suprimieron esta protección antes de ratificar el tratado.


Author(s):  
Marcela Terrazas y Basante

This essay focuses on the borderlands of Mexico and the United States in the decades following the Mexican-American War. There, American, Apache, Comanche, and Mexican inhabitants came into contact with one another and their distinctive and sometimes conflicting understandings of sovereignty led to significant discord. In different ways, Mexico and the U.S. sought to assert control over part of these borderlands, which included restricting the movement of outsiders within their territory. Apache and Comanche peoples, on the contrary, regarded free movement across the region as “irrevocable.” The increasing American population both provided demand for livestock that drove indigenous raids into Mexico and curtailed access to land and resources, promoting migration across the border and making it exceedingly difficult for Mexico to assert sovereign control over northern territory.


Author(s):  
John C. Pinheiro

The death and carnage that accompany war usually lead participants to seek transcendent meaning in their suffering as well as in their defeat or victory. This was especially true of the Mexican War, a conflict that deeply affected the growth of civil religion in the United States even as it tested the limits of religious pluralism. Religion gave Americans the most effective means of making sense out of their conflict with Mexico, even as it helped them solidify a national identity as a providentially blessed republic of Anglo-Saxon Protestants. The Mexican-American War of 1846–1848 was tremendously consequential for both countries. Its immediate cause lay in a dispute over territory claimed by both countries along the border of the newly annexed American state of Texas. Mexican and American troops clashed there on April 25, 1846. The U.S. Congress, though not without some grumbling, quickly responded to a request by President James K. Polk and declared war on Mexico. In the war, the U.S. Army invaded Mexico by land and sea, taking the capital on September 14, 1847. Other than a few skirmishes and scattered guerrilla attacks, the fighting war was over. In the Treaty of Guadalupe Hidalgo ending the conflict, Mexico ceded nearly its entire northern frontier—one-third of its territory—to the United States. The war occurred on the heels of the Second Great Awakening and amid the westward migration of the new, much-persecuted Church of Jesus Christ of Latter-Day Saints, or Mormons. At the same time, heavy Irish immigration had reawakened a latent anti-Catholicism, resulting in new political parties, fights over religion in public schools, and deadly anti-Catholic rioting. While evangelical Protestants got to work refining a civil-religious discourse that depended for its intelligibility on anti-Catholicism, nativist politicians began adopting Christian terminology. Thus, the war between the overwhelmingly Protestant United States and Catholic Mexico became the means by which anti-Catholicism emerged as integral to American identity and American belief in a God-given, special mission to the world: spreading liberty and republican government, along with their prerequisite, Protestant Christianity. Religion impacted the war in other important ways. The U.S. Army sponsored the Mormon Battalion, the only regular U.S. Army unit ever organized along religious lines. Religion also played a role in the formation by American deserters of the Mexican army brigade known as the San Patricios. And despite U.S. government policy to the contrary, a few U.S. soldiers, inspired by recruiters and derogatory descriptions of Mexican religion by American writers and preachers, vandalized and robbed Mexican churches and committed other atrocities. Meanwhile, the war challenged Protestant pacifists and abolitionists, who wondered whether an otherwise evil war could produce the good fruit of opening Mexico to Protestant missionaries or excising Catholicism from the continent. As a result of the brief but far-reaching Mexican-American War, Americans now possessed a civil religious sentiment and common identity that was intelligible only within a Protestant milieu and through a distinctively American anti-Catholic discourse.


Author(s):  
Omar Valerio-Jiménez

The United States–Mexico War was the first war in which the United States engaged in a conflict with a foreign nation for the purpose of conquest. It was also the first conflict in which trained soldiers (from West Point) played a large role. The war’s end transformed the United States into a continental nation as it acquired a vast portion of Mexico’s northern territories. In addition to shaping U.S.–Mexico relations into the present, the conflict also led to the forcible incorporation of Mexicans (who became Mexican Americans) as the nation’s first Latinos. Yet, the war has been identified as the nation’s “forgotten war” because few Americans know the causes and consequences of this conflict. Within fifteen years of the war’s end, the conflict faded from popular memory, but it did not disappear, due to the outbreak of the U.S. Civil War. By contrast, the U.S.–Mexico War is prominently remembered in Mexico as having caused the loss of half of the nation’s territory, and as an event that continues to shape Mexico’s relationship with the United States. Official memories (or national histories) of war affect international relations, and also shape how each nation’s population views citizens of other countries. Not surprisingly, there is a stark difference in the ways that American citizens and Mexican citizens remember and forget the war (e.g., Americans refer to the “Mexican American War” or the “U.S.–Mexican War,” for example, while Mexicans identify the conflict as the “War of North American Intervention”).


Author(s):  
Timothy Matovina

This chapter summarizes new trends in scholarship on the U.S. Southwest by expanding and refining the three-era schema of Southwest history illustrated in the book of Francis Baylies, who accompanied the victorious U.S. forces on their march through Mexico following the Mexican–American war. The book reflected U.S. views on the history of the region and the U.S. takeover of the former Mexican territories. The chapter divides Latino Catholicism in the Southwest into a thematic schema: colonial foundations, enduring communities of faith in the wake of the war between Mexico and the United States, the rejuvenation and diversification of Latino Catholic communities with the arrival of numerous immigrants from Mexico and throughout Latin America, and the struggle for rights in church and society that accelerated during the second half of the twentieth century.


Author(s):  
James L. Gibson ◽  
Michael J. Nelson

We have investigated the differences in support for the U.S. Supreme Court among black, Hispanic, and white Americans, catalogued the variation in African Americans’ group attachments and experiences with legal authorities, and examined how those latter two factors shape individuals’ support for the U.S. Supreme Court, that Court’s decisions, and for their local legal system. We take this opportunity to weave our findings together, taking stock of what we have learned from our analyses and what seem like fruitful paths for future research. In the process, we revisit Positivity Theory. We present a modified version of the theory that we hope will guide future inquiry on public support for courts, both in the United States and abroad.


2017 ◽  
Vol 16 (2) ◽  
pp. 41-54 ◽  
Author(s):  
Peter Joyce

Purpose The purpose of this paper is to analyse the 2016 elections for Police and Crime Commissioners (PCCs) and to compare them with those that took place in 2012. It seeks to evaluate the background of the candidates who stood for office in 2016, the policies that they put forward, the results of the contests and the implications of the 2016 experience for future PCC elections. Design/methodology/approach This paper is based around several key themes – the profile of candidates who stood for election, preparations conducted prior to the contests taking place, the election campaign and issues raised during the contests, the results and the profile of elected candidates. The paper is based upon documentary research, making particular use of primary source material. Findings The research establishes that affiliation to a political party became the main route for successful candidates in 2016 and that local issues related to low-level criminality will dominate the future policing agenda. It establishes that although turnout was higher than in 2012, it remains low and that further consideration needs to be devoted to initiatives to address this for future PCC election contests. Research limitations/implications The research focusses on the 2016 elections and identifies a number of key issues that emerged during the campaign affecting the conduct of the contests which have a bearing on future PCC elections. It treats these elections as a bespoke topic and does not seek to place them within the broader context of the development of the office of PCC. Practical implications The research suggests that in order to boost voter participation in future PCC election contests, PCCs need to consider further means to advertise the importance of the role they perform and that the government should play a larger financial role in funding publicity for these elections and consider changing the method of election. Social implications The rationale for introducing PCCs was to empower the public in each police force area. However, issues that include the enhanced importance of political affiliation as a criteria for election in 2016 and the social unrepresentative nature of those who stood for election and those who secured election to this office in these contests coupled with shortcomings related to public awareness of both the role of PCCs and the timing of election contests threaten to undermine this objective. Originality/value The extensive use of primary source material ensures that the subject matter is original and its interpretation is informed by an academic perspective.


Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 12
Author(s):  
Paul Baumgardner

When coronavirus began to descend upon the United States, religious freedom advocates across the country sounded the alarm that citizens’ religious practices and institutions were under threat. Although some of the most extreme arguments championed by these advocates were not validated by our legal system, many were. This article explores the underappreciated gains made by religious freedom advocates before the U.S. Supreme Court over the past year. As a result of the “Pandemic Court”, religious freedom in the United States has been rewritten. This promises to radically change the educational, employment, and health prospects of millions of Americans for the rest of the pandemic and long afterwards.


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