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Then there are stories about cultural heroes, or great
people of the past whose lives have shaped how people live.
We can use as an example, that of "Young" Cutfoot. A
legendary figure associated with the growth of the Grand
Medicine society or the Midewiwin, Cutfoot was a towering
figure as a healer directly connected to cosmic healing
energy. Two aspects of many tales show his connection to
healing and the cosmic system, and hence to his import for
local law:
Born to two older parents who live along the shore
of a large body of water, Cutfoot grows up and becomes
strongly attached to his brother. After his brother
becomes ill (or dies), Cutfoot has an eight-year series
of visions in which Manido instructs him on methods of
curing his brother. According to one version, Cutfoot
returned after four years of instruction to his mourning
parents with a water drum, herbs, the Mide lodge, and,
according to Benton-Banai, seven gifts wisdom, respect,
bravery, honesty, love, humility, and truth, each
represented by a shell symbolizing the means that the
"Creator used to blow his breath the four sacred
elements and give life to Original Man" (Benton-Banai
1979: 65).
The second story, with another reference to
Cutfoot, is about the origin of sleep. Ruth Landes'
informant says this story is told during Midewiwin
ceremonies by an official at the close of every night
session, just before everyone left the Lodge. Here
Cutfoot is portrayed as an old man who is the first
Ojibwa to sleep. This story is about the coming of sleep
to the people but it is also explicitly about the
rhythmic relation between day and night as caused by
periodic rising and setting of the sun (Landes 1968).
The Cutfoot stories give us clues to the vision and role
that the Mide signatories, whether members of the
Midewiwin or its priests, might have had at treaty
signing. Cutfoot is a twofold mediator: first, he is the
medium through which the Great Spirit works to bring a
healing ceremonial to the Ojibwa. This ceremonial,
believed to have originated before contact with
Europeans, became a focal point of identity for the many
Ojibwa groups. While many Ojibwa were not privy to its
ceremonies, its moral tone and injunctions pervaded all
of Ojibwa life.
Second, lame and tottering Cutfoot is a mediator
in bringing a cosmic order in the form of waking and
sleeping for individuals, and in ordering periodicity of
day and night for the earth. (Pomedli 81-2)
The Midewewin was immensely powerful throughout Western
Canada immediately before the coming of the Europeans. Its
values permeated most aspects of ceremonial and cultural
life. Its emphasis on the healing energy of the cosmos
provided a stable imaginative world for the People when they
faced epidemics and the culture shock of European visitors.
It also provided a charismatic center to Indigenous values.
Yet, for all its power, it was a secret movement apparently
about which few had any firm idea, beyond the cosmic
references to sleep, and day and night. As Pomedli notes:
"After 1840, the Mide continued to enforce authority in
civic and foreign matters through religious power. Religious
ceremonies and political meetings often on a large scale
became closely allied. They were attractive because of
charismatic leadership and their absorbing ritual and
oratorical finesse. While the Ojibwa continued to accept
decision-making in a consensual way, influence through rank
also became acceptable in this egalitarian society (Lovisek
1993)."(Pomedli, 82)
An important further principle is found in local oral
law: Traditional knowledge. In fact, historical precedent
has activated the outlook that the People have had about
Nature's Law and how it was to apply in their case. The best
example of this is found in Heather Anne Harris, exploration
of the local story of a cataclysmic event in the history of
the Git'skan People on the west coast. The essence of the
history was that some 10,000 years ago, the coastal area in
which the People lived had suffered an incredible rift, in
which part of the traditional territory had been thrown up
in the air and other parts of the land had sunk into the
sea, taking many of the People with it. The story was known
to archeologists, but there was no evidence that this was
anything more than a kind of 'tale' told to amuse the
youngsters. Yet for the Git'skan people, this earthquake had
left much of the original village site covered with debris
and soil, in effect burying the validating evidence, and
cutting them off from their ancestral grounds. After a
terrific storm and flood in the 90s, the soil and debris
were washed out to sea, and the remainders of the original
village began to appear above ground. Archeologists
confirmed the story…indeed the People had suffered a
cataclysm of the magnitude that had come down to the People,
and it had occurred about 10,000 years ago. The
extraordinary validation of traditional knowledge has now
raised questions about whether very ancient stories can be
so easily dismissed in courts of law. It also indicates that
corporate oral memory is a formidable tool for Indigenous
culture, because its truths continue to shape understandings
of Indigenous peoples much longer, for example, than the
stories of Genesis or the pyramids of Egypt in Western
circles. (Heather Anne Harris, Ph.D. Anthropology, 2003).
With this in mind, it is imperative, that we understand
the way local oral law has responded to the coming of the
Europeans. It suggests that local responses might indicate
shifts and orientations that would not have concerned the
ancestral formulators of law. For example, even the way that
Nature's Laws were understood may well have been
re-interpreted after the European came…for example, such
things as "the land" would henceforth have to be
interpreted with a "possessive" meaning, since the
European attached his own "belonging" to it,
necessitating the People to respond in kind. Thus Anishinabe
Chief Mawedopenais had to argue that the land was given to
the People by the Great Spirit, an argument they would never
have ever articulated with other tribes, but necessary now
because of the revised meaning of "ownership" imposed
upon them. Here, Nature's Law is claimed as a "right:"
"We think where we are is our property. I will
tell you what he said to us when he planted us here; the
rules that we should follow -us Indians - He has given
us rules that we should follow to govern us rightly"
(Morris 1991:59).
In retrospect, it is evident that local oral law also
became necessary as a way of affirming Indigenous "ownership"
because not to do so would have been tantamount to
destroying the very basis of Indigenous life. This is of the
utmost importance when we place treaty-making within the
context of Indigenous life. As Pomedli notes:
Natives would not mindlessly and irreligiously
have given up trees and woods, for they provide material
for the sacred pipes, nor would they have forfeited
lands, for they grow tobacco to be used in ceremonies.
They would not have ceded Indian rights to animals
(Martin 1992), for they are necessary for livelihood and
ceremony. Financial gain and agricultural implements
provided by the treaty did not supersede the ritual
demands of the drum (Vecsey 1984, Landes 1968, Redsky
1972, Hoffman 1891), rattle, birchbark scrolls, songs
and the lodge, validated by their stories. (Pomedli
82-3)
The point is underlined by Cree lawyer Harold Cardinal:
"... as long as the Sun shines, the Grass grows,
and the Rivers flow". These words have a symbolic
meaning to Indian people because the water, the grass,
and the sun are all basic elements of life. In the
Indian religion, they have a special role to play in
human life. In naming these people were saying that they
would not give up any elements basic to religious
practices. Our people were calling upon the sun, the
water, the grass as witnesses to the fact that they were
not surrendering, by the treaties, either their
sovereignty or their relationship with the Great Spirit.
If we are told that we gave up all the timber by the
treaties, we say that that cannot be accurate, because
if we had given up the forests, we would have sacrificed
a material basic to our religious practices. Our pipes
an integral part of our religious ritual. The pipe stem
is made of wood. Our elders would never have agreed to
give away the forests because they would have been
giving away part of the responsibility they had to the
religious ceremonies.
In our religious rituals, we use sweetgrass as
incense in our prayers. If our elders had given up the
grass that grew on Mother Earth, they would have be
surrendering an important adjunct of their religious
beliefs to outsiders who did not understand these
beliefs. This they would not, and did not, do. Water,
fire and other natural elements play a role in our
ritual. From a religious standpoint we never intended
the surrender of any of those things to be a part of any
treaty-making process. I don't think that the white
people ever thought that religion was any part of the
treaty-making process. (Cardinal 1977:148-149)
In sum, local oral law demonstrates that local
history, local movements and local perceptions did have
a creative role to play in shaping the understanding of
Nature's Laws. Contrariwise, Nature's Laws still held
the People's attention as a compendium of authorative
structures under which the People lived from time
immemorial. The main outline of these understandings
have been goal of this research.
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