How the Mattaponi Tribes Anti-Black Policies Threaten Tribal Status
The struggle between the two competing governments of the Mattaponi has more profound implications than who can govern; it could mean the end of the tribe. Media has been covering the public dispute between two factions of the same Custalow family for control of the tribal nation. In some articles, the disputes are about who has the right to vote, who wrote the Constitution first, etc. However, a family dynamic has been exposed in airing out this issue publicly. Chief Mark Custalow, the Chief who is allegedly still recognized by the state, is married to the sister of Chief Lonnie Custalow, who is allegedly the rightfully elected chief of the last election. Both Custalows are descended from the same Custalow family, making up 80% of Mark Custalow’s tribal rolls. The origin of the Custalows and the dominance of a single family may threaten the tribe’s ability to get federal recognition and even maintain state recognition.
The Bureau of Indian Affairs has a federal acknowledgment process for Tribes to become federally recognized. This process is highlighted in Title 25/Chapter I/Subchapter F/Part 83 of the Federal Code. Under Criteria 83.7(b), a tribe must demonstrate that it has existed as a distinct community since March 4, 1789. While the Mattaponi can demonstrate this with several vital families, the Custalow is a family who enters the Mattaponi reservation as freely emancipated slaves after this time before becoming the dominant family. More on that later, but for now, the dominance of this one family who cannot meet the 1789 requirement makes the current governing body under Mark Custalow ineligible for Federal recognition.
In addition to a federal acknowledgment process, the State of Virginia has a process for State recognition. The Mattaponi were grandfathered in during the 17th century. There are new rules. However, that would make it unlikely that the Mattaponi would be eligible for state recognition if they petitioned for recognition today. On a Feb 8, 2023, meeting (See meeting minutes), several Virginia Indian Tribal Advisory members (Including Ashley Spivey, Pamunkey and Mattaponi) rejected the Wolf Creek Cherokee Tribe’s petition for recognition on the ground that they are an extended family. Based on this statement, the Mattaponi, under Mark Custalow’s leadership, is just an extended family and would not meet said standards for state recognition.
Although there is uncertainty as to whether the constitution and election held to elect Lonnie Custalow were void of any technicality to challenge the election, Lonnie Custalow seems to recognize how the dominance of the Custalow family impacts the future of the tribe. His Tribal Rolls include many names that descend from some of the original families. Throughout the 1800s, the Custalow family bullied members off the tribal lands who had legitimate claims to the Mattaponi reservation on the grounds of being too black. These families go back before the 1789 cutoff of the BIA uses for federal recognition. For the Mattaponi to exist as a federally recognized tribe, and dare I say state-recognized tribe, they must return the original families that predate them. It is 100% the case that the Custalow family is a replacement population. The Irony that the Custalows removed members for being too black is that the Custalows were emancipated in 1800 by William Dandridge through Bird Chamberlyn. The emancipation can be found in Record Book 3 Deeds, etc. 1793–1800 p. 484 of King William County, VA. The records state:
“ Record Book 3, Deeds, etc., 1793–1800, p.483, Know all men by these presents that I Byrd Chamberlayne have qualified to the will of William Dandridge, Esquire, deced., of __ June 1800 said Dandridge emancipated and set free Diana or Anna the slave of said Dandridge. ditto Tom, 23 June 1800.
p.484, ditto Jack (Custalow) and his wife Nancy. ditto Aggy (Agnes Dandridge). 23 June 1800.”
Further evidence that this is the correct family is that Jack Custalow’s wife is Nancy, and his mother is Agnes Dandridge. Also, Caroline Custalow, listed in Jack Custalow’s residence, purchased land next to Mrs. Chamberlayns mill from Thomas Bird Chamberlayn for £3 on 22 October 1805 [Record Book 5:25].
The emancipation records don’t negate the Custalow claim of Indians; they do, however, prove that they are a replacement population. Whether or not the Custalows are Black, Mulatto, or tri-racial Indians, they do not predate families such as the Majors, Allmond, Tuppence/Twopence, Key, etc. The Custalow’s have maintained a cultural identity as Mattaponi for the past century and a half, and have maintained continuity since the 1900s. Blended with this reality and the restoring of the original families will be necessary for them to move forward to federal recognition or even state recognition.
While Mark Custalow rejoices, through various media articles, that the Governor of Virginia recognizes him, he may unwittingly be a puppet in a more sinister plan. As Mark and his governing body continue to deprive other descendants of their right to enroll, housing developers and the state may be circling in on the Mattaponi reservation. Using the words of a Pamunkey Citizen and Mattaponi descendant against them, “One family doesn’t make a tribe.” This Leaves the tribe vulnerable to being annexed and ripe for developing waterfront property. For context, the state has on more than one occasion in history, threatened or taken tribal land from Indians such as the Gingaskin, Nottoway, and an attempt at Pamunkey and Mattaponi. Big money also tried to block Pamunkey recognition, another tribe with its own history of anti-black policies. Not to isolate these two communities, the Chickahominy, Nansemond, Monacan, and Rappahannock all have a history of anti-blackness.
Whoever wins the fight to govern Mattaponi must swiftly return the original families or face the potential loss of sovereignty, which, some would say, they deserve.
References:
Record Book 3 Deeds, etc. 1793–1800 p. 484 of King William County, VA.
Adams, M. M. (2016). Who Belongs?: Race, Resources, and Tribal Citizenship in the Native South. Oxford University Press.
https://www.commonwealth.virginia.gov/virginia-indians/state-recognized-tribes/
https://commonwealthcalendar.virginia.gov/Event/Details/61316
https://www.commonwealth.virginia.gov/virginia-indians/virginia-indian-advisory-board/
http://www.virginiaplaces.org/nativeamerican/reservationging.html
