Categories

Frequently Asked Questions

Law

Onondaga Land Rights Complaint

  • 1 min read

The Onondaga People wish to bring about a healing between themselves and all others who live in this region that has been the homeland of the Onondaga Nation since the dawn of time. The Nation and its people have a unique spiritual, cultural, and historic relationship with the land, which is embodied in Gayanashagowa, the Great Law of Peace. This relationship goes far beyond federal and state legal concepts of ownership, possession or legal rights. The people are one with the land, and consider themselves stewards of it. It is the duty of the Nation’s leaders to work for a healing of this land, to protect it, and to pass it on to future generations. The Onondaga Nation brings this action on behalf of its people in the hope that it may hasten the process of reconciliation and bring lasting justice, peace, and respect among all who inhabit the area.

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U S V King Mountain Tobacco

  • 1 min read

Excerpts and Comments from Joseph J. Heath: FACTS: Tobacco company, owned by a Yakima Nation citizen, makes cigarettes using 54 % tobacco that is grown on allotted nation land, held in trust by US. The 9th Circuit affirmed the District Court holding that federal excise taxes still applied to these tobacco products.

  • DIRECT QUOTES FROM 9th CIRCUIT DECISION:

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The Biblical Basis Of Federal Indian Law Policy

  • ~1 min read

As bizarre as it may seem, today’s federal definitions of Indian title and Indian nationhood find their basis in the Old Testament covenant tradition. This tradition is premised on the idea of a “chosen people” who have a covenant (treaty) with their deity to take over and colonize certain lands that the deity promised them, in this case Indian lands.

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Sherrill V Oneida Opinion Of The Court

  • 1 min read

Under the “doctrine of discovery,” County of Oneida v. Oneida Indian Nation of N. Y., 470 U.S. 226, 234 (1985) (Oneida II), “fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign–first the discovering European nation and later the original States and the United States,” Oneida Indian Nation of N. Y. v. County of Oneida, 414 U.S. 661, 667 (1974) (Oneida I). In the original 13 States, “fee title to Indian lands,” or “the pre-emptive right to purchase from the Indians, was in the State.” Id., at 670; see Oneida Indian Nation of N. Y. v. New York, 860 F.2d 1145, 1159—1167 (CA2 1988). Both before and after the adoption of the Constitution, New York State acquired vast tracts of land from Indian tribes through treaties it independently negotiated, without National Government participation. See Gunther, Governmental Power and New York Indian Lands–A Reassessment of a Persistent Problem of Federal-State Relations, 8 Buffalo L. Rev. 1, 4—6 (1959) (hereinafter Gunther).

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Roosevelt Corollary

  • 1 min read

The Monroe Doctrine and the Roosevelt Corollary

The Monroe Doctrine, put forth in 1823 by President James Monroe, called for an end to European intervention in the American continents (both north and south). This applied only to independent governments in the Americas however, not to areas that were colonies at that time.

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Faith-Communities

Unitarian Universalist Association Of Congregations

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The Christian Church Disciples Of Christ The U S And Canada

  • ~1 min read

Reflection on Christian Theology and Polity, the Christian Doctrine of Discovery, and the Indigenous Voice

That the General Assembly of the Christian Church (Disciples of Christ) in the United States and Canada, meeting, July 13-17, 2013, in Orlando, Florida, accept “Reflection on Christian Theology and Polity, the Christian Doctrine of Discovery, and the Indigenous Voice” as an Item for Reflection and Research during the 2013- 2015 biennium. This reflection and research process would be accountable by report to the Administrative Committee, the General Board, and the 2015 General Assembly.

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Friends General Conference

  • ~1 min read

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Repudiations

Indigenous Delegates Ask Pope To Repudiate Doctrine Of Discovery 2

  • 4 min read

Gale Courey Toensing • December 21, 2009

Indian Country Today Network

MELBOURNE, Australia – While indigenous delegates from around the world were sidelined at the 15th United Nations Framework Convention on Climate Change in Copenhagen, the collective voice of indigenous peoples at the 2009 Parliament of the World’s Religions was heard calling on the Pope to repudiate the Christian Doctrine of Discovery.

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Unitarian Universalist Association Of Congregations

  • ~1 min read

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The Christian Church Disciples Of Christ The U S And Canada

  • ~1 min read

Reflection on Christian Theology and Polity, the Christian Doctrine of Discovery, and the Indigenous Voice

That the General Assembly of the Christian Church (Disciples of Christ) in the United States and Canada, meeting, July 13-17, 2013, in Orlando, Florida, accept “Reflection on Christian Theology and Polity, the Christian Doctrine of Discovery, and the Indigenous Voice” as an Item for Reflection and Research during the 2013- 2015 biennium. This reflection and research process would be accountable by report to the Administrative Committee, the General Board, and the 2015 General Assembly.

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Haudenosaunee Statement On The Doctrine Of Discovery

  • 3 min read

Eleventh Session of the United Nations Permanent Forum on Indigenous Issues 7-18 May, 2012

Agenda Item 3 – May 8, 2012
Haudenosaunee Statement on the Construct Known as the Doctrine of Discovery, A History A Seat at the Table

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Friends General Conference

  • ~1 min read

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Catholic

Indigenous Delegates Ask Pope To Repudiate Doctrine Of Discovery 2

  • 4 min read

Gale Courey Toensing • December 21, 2009

Indian Country Today Network

MELBOURNE, Australia – While indigenous delegates from around the world were sidelined at the 15th United Nations Framework Convention on Climate Change in Copenhagen, the collective voice of indigenous peoples at the 2009 Parliament of the World’s Religions was heard calling on the Pope to repudiate the Christian Doctrine of Discovery.

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Papal Bulls

  • ~1 min read

Papal Bulls that create the foundation of the Doctrine of Discovery

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Inter Caetera

  • 8 min read

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News

If You Dont Know Treaties And Sovereignty You Dont Know History

  • ~1 min read

Reclaiming Native Truth’s research shows hope. For instance, it demonstrates that, when presented with a narrative that educates on the value of and values inherent in the treaties signed between the United States and Native Nations, support for laws that uphold tribal sovereignty increases by 16 percent. This may seem like a negligible margin. But, at a time when one percent of the national vote has meant the difference between one presidential candidate, who seemed indifferent to sovereign rights of Native Nations, and another, who seemed hostile and affirmed the Jacksonian campaigns to eradicate sovereign rights altogether, it becomes quite clear that Reclaiming Native Truth is on to something.

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Haudenosaunee Host Doctrine Of Discovery Gathering

  • ~1 min read

“I think it’s something that people don’t really understand,” observes Betty Lyons, President and Director of the American Indian Law Alliance. “They go about their daily lives and they do things and they don’t understand why they’re doing them and how much the Doctrine has affected everyone everywhere.” … “Really what we’re doing is bringing together people who did not get along in the recent past,” comments Phil Arnold. “What we’re trying to do is get Christian groups and other religious groups to put into the restoration and healing of Indigenous peoples, as much energy into that as they have in the past into their destruction. The idea was that they were a primitive and inferior group of people. They were hindering civilization and progress and so they were understood to be in the way.”

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Rns Article About The Conference

  • ~1 min read

The way Steven T. Newcomb describes the Doctrine of Discovery these days is “a claim of a right of Christian domination.” It was first expressed by Pope Nicholas V in the 1452 papal bull “Dum Diversas,” which — along with subsequent bulls “Romanus Pontifex” and “Inter Caetera” — created a theological justification for Christian rulers seizing the property and possessions of non-Christians.

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Roots Of Peacemaking

  • 3 min read

2009 event archive “Roots of Peacemaking: Indigenous Values, Global Crisis” 

is the first in an ongoing series of events that include conferences, cultural exchanges and concerts.  This is a United Nation International Day of Peace event.  It  is the result of an ongoing collaboration between the Onondaga Nation and Syracuse University.   Syracuse is located on Onondaga Nation ancestral land, the Central Fire of the Haudenosaunee Confederacy (‘People of the Longhouse’).  Onondaga Lake is where the Peacemaker, Hiawantha, and the Tadadaho came together to plant the Tree of Peace to establish the Great Law of Peace.  Since that time a millennium ago the Haudenosaunee have organized themselves according to these principles.  Founding Fathers of the United States, including Benjamin Franklin and Thomas Jefferson, were deeply impressed with the Haudenosaunee processes and incorporated many of these ideas into the United States Constitution.  Onondaga Lake is therefore the Indigenous birthplace of democracy.  Ironically it is also the most polluted lake in the United States.  These conflicting realities symbolize the hopes and challenges of Indigenous people, as well as all people in our world. The Indigenous Sustainability Studies Project (ISSP) is an inter-disciplinary, multi-cultural, international project is a collaboration between the Onondaga Nation, Syracuse University, SUNY-ESF, and Neighbors of the Onondaga Nation (NOON).  Other institutions and community groups will be added to this collaboration.  It is connected with Native American Studies in the College of Arts and Science at Syracuse University.  The ISSP is devoted to investigating the current critical state of Indigenous people, their traditions, and their environments and dedicated to promoting Indigenous cultural values in order that there be a better possibility for human communities throughout the world to flourish.  Initially the ISSP will promote an international awareness of the environmental and spiritual crises facing Indigenous people of the Haudenosaunee as well as around the world, through a series of high profile cultural events.

Read More

Indigenous Delegates Ask Pope To Repudiate Doctrine Of Discovery 2

  • 4 min read

Gale Courey Toensing • December 21, 2009

Indian Country Today Network

MELBOURNE, Australia – While indigenous delegates from around the world were sidelined at the 15th United Nations Framework Convention on Climate Change in Copenhagen, the collective voice of indigenous peoples at the 2009 Parliament of the World’s Religions was heard calling on the Pope to repudiate the Christian Doctrine of Discovery.

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Education

The Doctrine Of Discovery Unmasking The Domination Code

  • 2 min read

The Doctrine of Discovery, Unmasking The Domination Code by 38 plus 2 productions and Steven T. Newcomb. The film cost $21.50 USD. To order the film send a check or money order to: 38 Plus 2 Productions 40163 Reservation Hwy 3, Morton MN, 56270

  • If interested in bulk rate or having producers conduct a public showing please contact Steven Newcomb
  • About The Doctrine of Discovery, Unmasking the Domination Code:  

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Resources By Peter Derrico

  • ~1 min read

“Replacing the Doctrine of Christian Discovery and Implementing the United Nations Declaration on the Rights of Indigenous Peoples.”

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What Is The Doctrine Of Discovery

  • 1 min read

Papal Bulls of the 15th century gave Christian explorers the right to claim lands they “discovered” and lay claim to those lands for their Christian Monarchs. Any land that was not inhabited by Christians was available to be “discovered”, claimed, and exploited. If the “pagan” inhabitants could be converted, they might be spared. If not, they could be enslaved or killed. The Discovery Doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, initially in Johnson v. M’Intosh in 1823. The doctrine was Chief Justice John Marshall’s explanation of the way in which colonial powers laid claim to newly discovered lands during the Age of Discovery. Under it, title to newly discovered lands lay with the government whose subjects discovered new territory. The doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of colonial or post-colonial governments. John Marshall, who is most credited with describing the doctrine, did not voice wholehearted support of the doctrine even while using it to justify judicial decisions. He pointed to the doctrine as simple fact, looking at the possession-takings which had been supported by it as things which had occurred and had to be recognized. The supposedly inferior character of native cultures was a reason for the doctrine having been used, but whether or not that was justified was not relevant for Marshall. This Doctrine governs United States Indian Law today and has been cited as recently as 2005 in the decision City Of Sherrill V. Oneida Indian Nation Of N.Y.

Read More

Haudenosaunee Statement On The Doctrine Of Discovery

  • 3 min read

Eleventh Session of the United Nations Permanent Forum on Indigenous Issues 7-18 May, 2012

Agenda Item 3 – May 8, 2012
Haudenosaunee Statement on the Construct Known as the Doctrine of Discovery, A History A Seat at the Table

Read More

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Resources

The Doctrine Of Discovery Unmasking The Domination Code

  • 2 min read

The Doctrine of Discovery, Unmasking The Domination Code by 38 plus 2 productions and Steven T. Newcomb. The film cost $21.50 USD. To order the film send a check or money order to: 38 Plus 2 Productions 40163 Reservation Hwy 3, Morton MN, 56270

  • If interested in bulk rate or having producers conduct a public showing please contact Steven Newcomb
  • About The Doctrine of Discovery, Unmasking the Domination Code:  

Read More

Resources By Peter Derrico

  • ~1 min read

“Replacing the Doctrine of Christian Discovery and Implementing the United Nations Declaration on the Rights of Indigenous Peoples.”

Read More

Haudenosaunee Statement On The Doctrine Of Discovery

  • 3 min read

Eleventh Session of the United Nations Permanent Forum on Indigenous Issues 7-18 May, 2012

Agenda Item 3 – May 8, 2012
Haudenosaunee Statement on the Construct Known as the Doctrine of Discovery, A History A Seat at the Table

Read More

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Papal-Bulls

What Is The Doctrine Of Discovery

  • 1 min read

Papal Bulls of the 15th century gave Christian explorers the right to claim lands they “discovered” and lay claim to those lands for their Christian Monarchs. Any land that was not inhabited by Christians was available to be “discovered”, claimed, and exploited. If the “pagan” inhabitants could be converted, they might be spared. If not, they could be enslaved or killed. The Discovery Doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, initially in Johnson v. M’Intosh in 1823. The doctrine was Chief Justice John Marshall’s explanation of the way in which colonial powers laid claim to newly discovered lands during the Age of Discovery. Under it, title to newly discovered lands lay with the government whose subjects discovered new territory. The doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of colonial or post-colonial governments. John Marshall, who is most credited with describing the doctrine, did not voice wholehearted support of the doctrine even while using it to justify judicial decisions. He pointed to the doctrine as simple fact, looking at the possession-takings which had been supported by it as things which had occurred and had to be recognized. The supposedly inferior character of native cultures was a reason for the doctrine having been used, but whether or not that was justified was not relevant for Marshall. This Doctrine governs United States Indian Law today and has been cited as recently as 2005 in the decision City Of Sherrill V. Oneida Indian Nation Of N.Y.

Read More

Papal Bulls

  • ~1 min read

Papal Bulls that create the foundation of the Doctrine of Discovery

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Inter Caetera

  • 8 min read

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Indigenous-Peoples

Indigenous Delegates Ask Pope To Repudiate Doctrine Of Discovery 2

  • 4 min read

Gale Courey Toensing • December 21, 2009

Indian Country Today Network

MELBOURNE, Australia – While indigenous delegates from around the world were sidelined at the 15th United Nations Framework Convention on Climate Change in Copenhagen, the collective voice of indigenous peoples at the 2009 Parliament of the World’s Religions was heard calling on the Pope to repudiate the Christian Doctrine of Discovery.

Read More

Haudenosaunee Statement On The Doctrine Of Discovery

  • 3 min read

Eleventh Session of the United Nations Permanent Forum on Indigenous Issues 7-18 May, 2012

Agenda Item 3 – May 8, 2012
Haudenosaunee Statement on the Construct Known as the Doctrine of Discovery, A History A Seat at the Table

Read More

Sowip

  • 1 min read

At its first session, the United Nations Permanent Forum on Indigenous Issues (UNPFII) requested the United Nations System produce such a report on the state of the world’s indigenous peoples (SOWIP). It was also suggested the report be a key advocacy tool for raising awareness on indigenous peoples’ issues in general and in particular to raise the profile of the Permanent Forum. In addition, the report should be of value for deliberations within the Economic and Social Council, the General Assembly and other bodies of the UN system. The first publication of The State of the World’s Indigenous Peoples was published in 2009 and its major focus was on: Poverty and Well-being; Culture; Environment; Contemporary Education;Health; Human Rights and Emerging Issues. The report was well received and according to press reports, the publication revealed alarming statistics on indigenous peoples’ poverty, health, education, employment, human rights, the environment and more. This was the first United Nations publication and provided much needed information on the status of indigenous peoples throughout the world. The Report on the State of the World’s Indigenous Peoples promotes awareness of indigenous peoples’ issues within the United Nations system, with States, academia and the broader public.

Read More

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United-Nations

Haudenosaunee Statement On The Doctrine Of Discovery

  • 3 min read

Eleventh Session of the United Nations Permanent Forum on Indigenous Issues 7-18 May, 2012

Agenda Item 3 – May 8, 2012
Haudenosaunee Statement on the Construct Known as the Doctrine of Discovery, A History A Seat at the Table

Read More

Sowip

  • 1 min read

At its first session, the United Nations Permanent Forum on Indigenous Issues (UNPFII) requested the United Nations System produce such a report on the state of the world’s indigenous peoples (SOWIP). It was also suggested the report be a key advocacy tool for raising awareness on indigenous peoples’ issues in general and in particular to raise the profile of the Permanent Forum. In addition, the report should be of value for deliberations within the Economic and Social Council, the General Assembly and other bodies of the UN system. The first publication of The State of the World’s Indigenous Peoples was published in 2009 and its major focus was on: Poverty and Well-being; Culture; Environment; Contemporary Education;Health; Human Rights and Emerging Issues. The report was well received and according to press reports, the publication revealed alarming statistics on indigenous peoples’ poverty, health, education, employment, human rights, the environment and more. This was the first United Nations publication and provided much needed information on the status of indigenous peoples throughout the world. The Report on the State of the World’s Indigenous Peoples promotes awareness of indigenous peoples’ issues within the United Nations system, with States, academia and the broader public.

Read More

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Event

Roots Of Peacemaking

  • 3 min read

2009 event archive “Roots of Peacemaking: Indigenous Values, Global Crisis” 

is the first in an ongoing series of events that include conferences, cultural exchanges and concerts.  This is a United Nation International Day of Peace event.  It  is the result of an ongoing collaboration between the Onondaga Nation and Syracuse University.   Syracuse is located on Onondaga Nation ancestral land, the Central Fire of the Haudenosaunee Confederacy (‘People of the Longhouse’).  Onondaga Lake is where the Peacemaker, Hiawantha, and the Tadadaho came together to plant the Tree of Peace to establish the Great Law of Peace.  Since that time a millennium ago the Haudenosaunee have organized themselves according to these principles.  Founding Fathers of the United States, including Benjamin Franklin and Thomas Jefferson, were deeply impressed with the Haudenosaunee processes and incorporated many of these ideas into the United States Constitution.  Onondaga Lake is therefore the Indigenous birthplace of democracy.  Ironically it is also the most polluted lake in the United States.  These conflicting realities symbolize the hopes and challenges of Indigenous people, as well as all people in our world. The Indigenous Sustainability Studies Project (ISSP) is an inter-disciplinary, multi-cultural, international project is a collaboration between the Onondaga Nation, Syracuse University, SUNY-ESF, and Neighbors of the Onondaga Nation (NOON).  Other institutions and community groups will be added to this collaboration.  It is connected with Native American Studies in the College of Arts and Science at Syracuse University.  The ISSP is devoted to investigating the current critical state of Indigenous people, their traditions, and their environments and dedicated to promoting Indigenous cultural values in order that there be a better possibility for human communities throughout the world to flourish.  Initially the ISSP will promote an international awareness of the environmental and spiritual crises facing Indigenous people of the Haudenosaunee as well as around the world, through a series of high profile cultural events.

Read More

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Resource

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Main

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main

What Is The Doctrine Of Discovery

  • 1 min read

Papal Bulls of the 15th century gave Christian explorers the right to claim lands they “discovered” and lay claim to those lands for their Christian Monarchs. Any land that was not inhabited by Christians was available to be “discovered”, claimed, and exploited. If the “pagan” inhabitants could be converted, they might be spared. If not, they could be enslaved or killed. The Discovery Doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, initially in Johnson v. M’Intosh in 1823. The doctrine was Chief Justice John Marshall’s explanation of the way in which colonial powers laid claim to newly discovered lands during the Age of Discovery. Under it, title to newly discovered lands lay with the government whose subjects discovered new territory. The doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of colonial or post-colonial governments. John Marshall, who is most credited with describing the doctrine, did not voice wholehearted support of the doctrine even while using it to justify judicial decisions. He pointed to the doctrine as simple fact, looking at the possession-takings which had been supported by it as things which had occurred and had to be recognized. The supposedly inferior character of native cultures was a reason for the doctrine having been used, but whether or not that was justified was not relevant for Marshall. This Doctrine governs United States Indian Law today and has been cited as recently as 2005 in the decision City Of Sherrill V. Oneida Indian Nation Of N.Y.

Read More

Papal Bulls

  • ~1 min read

Papal Bulls that create the foundation of the Doctrine of Discovery

Read More

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Videos

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Bibliography

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Religion

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Episcopal

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UN

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resources

What Is The Doctrine Of Discovery

  • 1 min read

Papal Bulls of the 15th century gave Christian explorers the right to claim lands they “discovered” and lay claim to those lands for their Christian Monarchs. Any land that was not inhabited by Christians was available to be “discovered”, claimed, and exploited. If the “pagan” inhabitants could be converted, they might be spared. If not, they could be enslaved or killed. The Discovery Doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, initially in Johnson v. M’Intosh in 1823. The doctrine was Chief Justice John Marshall’s explanation of the way in which colonial powers laid claim to newly discovered lands during the Age of Discovery. Under it, title to newly discovered lands lay with the government whose subjects discovered new territory. The doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of colonial or post-colonial governments. John Marshall, who is most credited with describing the doctrine, did not voice wholehearted support of the doctrine even while using it to justify judicial decisions. He pointed to the doctrine as simple fact, looking at the possession-takings which had been supported by it as things which had occurred and had to be recognized. The supposedly inferior character of native cultures was a reason for the doctrine having been used, but whether or not that was justified was not relevant for Marshall. This Doctrine governs United States Indian Law today and has been cited as recently as 2005 in the decision City Of Sherrill V. Oneida Indian Nation Of N.Y.

Read More

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US

Sherrill V Oneida Opinion Of The Court

  • 1 min read

Under the “doctrine of discovery,” County of Oneida v. Oneida Indian Nation of N. Y., 470 U.S. 226, 234 (1985) (Oneida II), “fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign–first the discovering European nation and later the original States and the United States,” Oneida Indian Nation of N. Y. v. County of Oneida, 414 U.S. 661, 667 (1974) (Oneida I). In the original 13 States, “fee title to Indian lands,” or “the pre-emptive right to purchase from the Indians, was in the State.” Id., at 670; see Oneida Indian Nation of N. Y. v. New York, 860 F.2d 1145, 1159—1167 (CA2 1988). Both before and after the adoption of the Constitution, New York State acquired vast tracts of land from Indian tribes through treaties it independently negotiated, without National Government participation. See Gunther, Governmental Power and New York Indian Lands–A Reassessment of a Persistent Problem of Federal-State Relations, 8 Buffalo L. Rev. 1, 4—6 (1959) (hereinafter Gunther).

Read More

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Christian

The Biblical Basis Of Federal Indian Law Policy

  • ~1 min read

As bizarre as it may seem, today’s federal definitions of Indian title and Indian nationhood find their basis in the Old Testament covenant tradition. This tradition is premised on the idea of a “chosen people” who have a covenant (treaty) with their deity to take over and colonize certain lands that the deity promised them, in this case Indian lands.

Read More

Back to Top ↑