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.
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
Aboriginal interest in land generally is described as a tribe’s right to occupy the land.
This appeal is decided on the basis of the equitable bar on recovery of ancestral lands in Sherrill, and this Court’s cases of Cayuga and Oneida. Three specific factors determine when ancestral land claims are foreclosed on equitable grounds: (1) the length of time between an historic injustice and the present day; (2) the disruptive nature of claims long delayed; and (3) the degree to which these claims upset the justifiable expectations of individuals far removed from the events giving rise to the plaintiffs’ injury.
We have used the term “laches” here, as did the district court and this Court in Cayuga, as a convenient shorthand for the equitable principles at stake in this case, but the term is somewhat imprecise for the purpose of describing those principles.
the Indian tribes who have a right to those lands are quietly to enjoy them, hunting, planting and dwelling thereon so long as they please, without any molestation from the United States…
We understand Sherrill to hold that equitable doctrines, such as laches, acquiescence, and impossibility, can in appropriate circumstances, be applied to Indian land claims, **even when such a claim is legally viable and with in the statute of limitations
Every America schoolboy knows that the savage tribes of this continent were deprived of their ancestral ranges by force and that, even when the Indians ceded millions of acres by treaty in return for blankets, food and trinkets, it was not a sale but the conquerors’ will that deprived them of their land
What is Indian title? It is a mere occupancy for the purpose of hunting. It is not like our tenures, they have no idea of a title to the soil itself. It is overrun by them, rather than inhabited
Resources from the ‘United States Indian Law Panel’ at the Taking on the Doctrine of Discovery, What are our Next Steps?
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.
Ruth Bader Ginsburg on the Doctrine of Discovery.
Albany Government Law Review Volume 10 Issues 1&2 2016-2017
Laws and legal cases relating to the Doctrine of Discovery.
Here are the 10 elements that I think constitute the Doctrine and are useful in analyzing and comparing how settler-colonizer societies have used this international law against Indigenous peoples around the globe.
The purpose of this paper is to review the history of the use of the Doctrine of Christian Discovery in United States Supreme Court decisions since 1823. It is hopes that the historical perspective in this paper will be of assistance to readers and help them gain a better understanding as to how fundamental the Doctrine of Discovery is to all United State Indian law, particularly with regards to land rights
Excerpts from President James Monroe’s seventh annual message to Congress, December 2, 1823.
Roosevelt asserted that European nations should not intervene in countries to the south of the US, however under certain conditions, United States intervention might be justified.
By this public document, Henry VII indicated his official, royal support for Cabot’s enterprise.
The Treaty of Tordesillas was concluded on June 7 1494 to settle the contentious matter of the possession of the newly discovered lands of the non Christian world between Portugal and Spain. It was ratified by Spain on July 2, 1494. and by Portugal on September 5, 1494.
The Indians were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion; but their rights to complete sovereignty, as independent nations, were necessarily diminished, and…Discovery gave exclusive title to those who made it.