American Legal History
Note 1/25/09: I am in process of revising my project, expect to have more added in next week. AK

I am exploring the intersection of land policy and the cultural, social and political history of Guam, focusing on the US imperial project from the late-19th to mid-20th century. The overriding value of the territory to the US has been its strategic location in the Western Pacific. The martial logic of possessing the island has exerted a gravitational pull on the island's economic geography, as land owned by the indigenous Chamorro has gradually been transferred to the US govt/ military, through "conquer," tax default, eminent domain and outright purchase.

This process of acquisition is significant given traditional Chamorro conceptualizations of land. It has been imputed mythic/ religious importance as part of the spiritual fabric of the community. In addition, the Chamorro typically assigned collective ownership to village property. Thus, capitalization of land -- and with it, fragmentation -- has been a catalyst in Guam's transformation from an interdependent to an increasingly nuclear/ individualistic society. I also intend to look at some of the symptoms of this transition, e.g. an exponential increase in rates of youth "delinquency" (a word/ notion previously not part of the Chamorro lexicon in "pre-contact" Guam). I also intend to examine how land dislocation traces Guam's transition from a primarily agricultural economy to one based on tourism and serving the needs of the US military. I am looking for parallels between Guam's coloring as a geopolitical nexus and that of the Caribbean islands in the 17th century Atlantic world, e.g. conceptualizing military capability as a unit of economic/ political utility a la sugar.

In the earlier part of the 20th century, land fragmentation/ dislocation mostly reflected a tax on land aimed to divide inefficiently large land tracts and tend to economies of scale in local agriculture. This tax has largely been characterized as unsuccessful. In part because the tax didn't accurately respond to market values, making default common. However, I'm also interested in the application of the "release of energy" principle to the Pacific context. For example, one question I'm thinking about is if the "release" principle is historically contingent or requires a certain economic/ political culture, e.g. in the way that some political theorists contend democracy requires a given level of civic association. Maybe Guam's traditional flavor as a status-oriented, communal society is less receptive to market forces in real estate.

Another legal policy of interest, connecting land dislocation to the capitalization of Guam's economy, is the devaluation/ under-valuation of locally-held land and the "triple wage system" effected until the second half of the 20th century (Chamorro were mandated to receive lower wages than locally-hired "Americans" or Americans brought from the continental US). It's interesting that the Guamanian standard of living and purchasing power were purposely limited by the US govt. I hope to tend closer to Edmund Morgan's brand of historical materialism than a Leninist-imperialist modality, but these sorts of policies do reflect a kind of imperialist attitude to their own territory from the United States.

By mid-century, less than half of Guam's land was privately owned by Chamorro. The island was also devastated by fighting in the Pacific Theatre during World War 2. As a result, many locals were without land. Again, their situation was exacerbated by the fact that written deeds etc were not historically part of the legal culture of property. I also intend to write on how debate over land claims was important to the passing of the Organic Act of 1950, a culmination of protests for Guamanian political autonomy.

Still, the Chamorro adapted well to structural changes in land use. Modifications in Chamarro architecture/ building constuction are indicative of their attempt to maintain a communitarian social ethos despite fragmentation, e.g. use of open space or courtyards to invite public intercourse.

My intuition thus far is that Guam's legal-social development doesn't so much reflect a concerted US policy, but perhaps the opposite. Generally Washington DC was simply indifferent to Guam, e.g. as suggested by its status as an uncorporated territory. In a way, this sort of silent re-structuring of Guamanian society was more upsetting to the Chamarro. I may look briefly at this motif, with respect to Guamanian poetry centered on land and un-status, as well as some nomenclature issues, e.g. relate to Iriquois, "boondocks" from Tagalog.

So far I've looked mainly at secondary sources, anthologies of primary sources (Chamarro perspectives; legislative debate and history) and some primary docs of the US govt describing land and legal contexts of the island. Some of the primary sources border on memoir - I wonder if I should include some discussion of the relationship of memory to history.

Some sources: An Island in Agony, Tony Palomo (Self-published, 1984) Guam: A Nomenclatural Chronology, Marjorie G. Driver (Micronesian Area Research Center, University of Guam, 1985) Destiny's Landfall: A History of Guam, Robert F. Rogers (Univ of Hawai'i Press, 1995) Justice on Guam: A Historical Review, Anthony P. Sanchez Insights: The Chamorro Identity, anthology (published by Political Status Education Coordinating Commission as Mandated by Public Law 20-99, 1993) We Fought the Navy and Won, A Personal Memoir, Doloris Coulter Cogan (Univ of Hawai'i Press, 2008) A Complete History of Guam, Paul Carano and Pedro C. Sanchez (Charles E. Tuttle Company, 1964) Issues in Guam's Political Development: The Chamorro Perspective, anthology (published by Political Status Education Coordinating Commission as Mandated by Public Law 20-99, 1996) Archaeology and History of Guam (National Park Service, Dept of the Interior 1952) A Study of 8 post-WW2 Resettlement Villages on Guam, Rosalind L. Hunter-Anderson and Darlene R. Moore (prepared for Dept of Parks and Recreation, Division of Historic Resources, Guam, 2006) Land Tenure in the Pacific, anthology (University of the South Pacific, Suva, Fiji, 1987) Guam's Trial of the Century: News, Hegemony and Rumor in the American Colony, Peter DeBeneditis? (Praeger, 1993) A Campaign for Political Rights on the Island of Guam, 1899-1950, Penelope Bordallo Hofschieder (CNMI Division of Historic Preservation, 2001) Colonizing Hawai'i: The Cultural Power of Law, Sally Engle Merry (Princeton University Press, 2000)

  • I think the problem here, Andrew, is that you haven't focused your inquiry enough to ask an actual question, one with a question mark at the end, that primary sources can help you to answer. You're essentially collecting material for an anthropology monograph on the cultural change associated with US colonization of Guam. That's too large a task for you in this place, and doesn't give enough structure to your inquiry. This is one of the differences between historical inquiry and other forms of social understanding: historical writing takes as its primary object the ascertainment of what has happened. It can be, indeed must be, understood as an interpretive activity: one of our most distinguished historians spent an entire career urging graduate students to "explain a change." But the task of explanation begins from the detailed characterization of the "change," which is a chartable social process unrolling in time.

  • Moreover, we're trying to do legal history, so understanding the legal aspect of the process that concerns us, whatever it is, is salient. The most useful thing you can do, I think, is to ask yourself what question your sources are going to be used to answer. That in hand, you will make rapid progress.

More to come:

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Attachments Attachments

  Attachment Action Size Date Who Comment
pdf KIC000001.pdf props, move 3429.1 K 04 Dec 2009 - 04:58 AndrewKerr  
pdf KIC000014.pdf props, move 5860.0 K 04 Dec 2009 - 19:16 AndrewKerr post-WW2 resettlement and history of housing
pdf island_in_agony.pdf props, move 2851.1 K 04 Dec 2009 - 19:13 AndrewKerr  
pdf land_tenure_in_pacific.pdf props, move 3333.9 K 04 Dec 2009 - 19:14 AndrewKerr  
pdf navy1926.pdf props, move 5900.7 K 04 Dec 2009 - 19:14 AndrewKerr  
pdf navy1947.pdf props, move 2377.4 K 04 Dec 2009 - 19:14 AndrewKerr  
pdf navy1948.pdf props, move 5875.1 K 04 Dec 2009 - 19:15 AndrewKerr  
pdf nomenclature.pdf props, move 2466.4 K 04 Dec 2009 - 19:15 AndrewKerr  
pdf parkservice1952.pdf props, move 3432.9 K 04 Dec 2009 - 19:11 AndrewKerr  
r6 - 25 Jan 2010 - 13:38:38 - AndrewKerr
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