The ongoing struggle for recognition and respect of Indigenous peoples’ rights within the lands now known as the United States is a complex and multifaceted issue, deeply rooted in historical injustices and the enduring legacy of colonialism. At the heart of this struggle lies the denial of fundamental human rights, specifically those rights that Indigenous peoples believe are inherent and "endowed by the Creator." These include the right to absolute ownership of ancestral homelands, the right to be recognized and treated as fully independent sovereign nations, and the freedom to fully re-establish traditional religions within their sacred territories. This article will delve into the historical context, legal frameworks, and contemporary movements surrounding these rights, highlighting the persistent challenges and the ongoing pursuit of justice for Independent Indigenous Sovereign Nations.
The Foundation of Grievances: The Doctrine of Discovery
The seeds of this denial were sown centuries ago with the advent of European colonization. A pivotal concept that shaped the relationship between colonizers and Indigenous populations is the "Doctrine of Discovery." This doctrine, originating from a series of Papal Bulls issued in the 15th century, most notably Romanus Pontifex and Inter Caetera, provided a religious and legal justification for European powers to claim dominion over lands inhabited by non-Christian peoples.
These Papal Bulls essentially declared war against all non-Christians and sanctioned the conquest, colonization, and exploitation of non-Christian nations and their territories. Inter Caetera specifically established Christian dominion over the "New World," calling for the subjugation of native inhabitants and their lands. It is crucial to note that these Papal Bulls have never been formally revoked, despite repeated calls from Indigenous representatives for the Vatican to do so.
The Doctrine of Discovery provided the basis for the "law of nations" and subsequent international law, allowing Christian nations to claim "unoccupied lands" (terra nullius) or lands belonging to "heathens" or "pagans." This legal framework effectively rendered Indigenous peoples as subordinate to European powers, stripping them of their inherent rights to self-determination and land ownership. The consequences of this doctrine are still felt today, with many Indigenous nations existing as dependent nations or wards of the state.
The American Revolution and its Impact on Indigenous Sovereignty
The American Revolution, while celebrated as a triumph of liberty and self-governance, further complicated the situation for Indigenous peoples. The British government, through the Royal Proclamation of 1763, had attempted to restrict colonial expansion beyond the Appalachian Mountains, affording some measure of protection to Native lands. This angered many American colonists who desired unrestricted access to Indigenous territories.
The U.S. Declaration of Independence, while proclaiming the "unalienable rights" of all people, simultaneously demonized Native Americans by accusing King George III of unleashing "merciless Indian Savages" against innocent colonists. This rhetoric served to justify the subsequent mistreatment and dispossession of Indigenous peoples. The colonists viewed Native Americans who fought alongside the British as enemies of liberty, conveniently overlooking the fact that these Indigenous nations were fighting to protect their own sovereignty and homelands.
Following the Revolution, the newly formed United States government continued the policy of land acquisition and subjugation of Indigenous nations. Treaties were often negotiated under duress and subsequently broken, leading to further loss of land and erosion of sovereignty. The establishment of a foreign, predominantly white-raced nation throughout Indigenous territories was viewed by many as an act of profound injustice.
The Masonic Influence and the Concept of Religious Freedom
The role of Freemasonry in the founding of the United States adds another layer of complexity to the narrative. Many of the Founding Fathers were Masons, a fraternal organization that, at the time, held unique views on religious freedom. While most nations, including Indigenous nations, adhered to a unified religious belief system, Masonry embraced the concept of separation of church and state.
This Masonic principle, which became a cornerstone of American national unity, meant that the basis for national identity would no longer be officially tied to a unified religious belief. This was a radical departure from the prevailing norms of the time and was met with opposition from various religious and political factions, including the Pope, the King of England, and many Indigenous peoples.
The Founding Fathers, influenced by the Doctrine of Discovery, often failed to respect the unalienable human rights of Indigenous nations. They were perceived to be operating under the sway of 15th-century European propaganda that promoted religious sectarianism, Eurocentrism, and white supremacy, leading to the perpetration of genocide and ethnocide against Indigenous populations.
The Legal Entrenchment of the Doctrine of Discovery: Johnson v. M’Intosh
The Doctrine of Discovery was formally incorporated into U.S. law in 1823 with the Supreme Court case Johnson v. M’Intosh. This landmark decision solidified the legal framework for the dispossession of Indigenous lands and the denial of Indigenous sovereignty.
Chief Justice John Marshall, writing for the unanimous court, asserted that Christian European nations had assumed "ultimate dominion" over the lands of America during the Age of Discovery. Upon "discovery," Indigenous nations lost "their rights to complete sovereignty, as independent nations" and retained only a right of "occupancy" in their lands. In essence, Indian nations were subject to the ultimate authority of the first Christian nation to claim possession of their territories.
The United States, upon gaining independence, inherited the right of "discovery" and the power of "dominion" from Great Britain. Marshall cited the English charter issued to John Cabot as legal precedent, noting that Cabot was authorized to take possession of lands, "notwithstanding the occupancy of the natives, who were heathens."
The Constitutional Conflict and the Denial of Equality
The Johnson v. M’Intosh decision, based on a Christian religious doctrine, stands in direct conflict with the First Amendment of the U.S. Constitution, which prohibits Congress from preferring one religion over another. By enshrining the Doctrine of Discovery into law, the U.S. government effectively favored Christianity and suppressed the full restoration of traditional Native religions.
Furthermore, this legal framework violates the unalienable rights of Indigenous peoples, as enshrined in the Declaration of Independence. Despite the declaration that "all people are created equal," Indigenous people are denied their equality rights to absolute ownership of their homelands and recognition as independent sovereign nations due to their ancestors’ religious status at the time of European colonization.
Contemporary Movements and the Pursuit of Justice
Despite the historical injustices and ongoing legal challenges, Indigenous nations continue to resist the denial of their rights and assert their sovereignty. These movements take various forms, including legal challenges, political activism, cultural revitalization, and declarations of independence.
Several examples of Indigenous resistance highlight the determination to reclaim sovereignty and self-determination:
- Oglala Lakota Constitutional Declaration of Independence: The Indigenous Law Institute has proposed a constitution for the Oglala Lakota Nation, asserting their inherent right to establish their own government and exercise their right of self-determination.
- Hawaiian Kingdom Government: A group of native Hawaiians has demanded sovereignty for the Pacific island, echoing the methods of the 1776 American Declaration of Independence.
- Lakotah Declaration of Independence: A Lakotah delegation formally and unilaterally withdrew from all agreements and treaties imposed by the United States, citing the disappearance of their culture and the theft of their natural resources.
- Oceti Sakowin Reclamation of Sacred Site: Members of the Oceti Sakowin reclaimed their people’s sacred Minnesota Coldwater Spring site, asserting their inherent right to their sacred sites and questioning the legitimacy of the United States government to occupy their land.
- Haudenosaunee Confederacy: The Haudenosaunee Six Nations, also known as the Iroquois Confederacy, maintain that they never ceded their territory to any European power and remain independent sovereign nations.
A Call for Acknowledgment and Rectification
The struggle for Independent Indigenous Sovereign Nations highlights the urgent need for acknowledgment and rectification of historical injustices. The United States, founded on principles of liberty and equality, must confront its legacy of colonialism and its continued denial of Indigenous rights. This includes:
- Repealing Johnson v. M’Intosh: This landmark decision, rooted in the Doctrine of Discovery, must be overturned to dismantle the legal framework that perpetuates the dispossession of Indigenous lands and the denial of Indigenous sovereignty.
- Honoring Treaties: The U.S. government must honor its treaty obligations with Indigenous nations, respecting their inherent rights to self-determination and land ownership.
- Supporting Cultural Revitalization: Efforts to revitalize Indigenous languages, cultures, and religions must be supported to promote healing and empowerment within Indigenous communities.
- Recognizing Indigenous Sovereignty: The United States must fully recognize the sovereignty of Indigenous nations and engage in government-to-government relationships based on mutual respect and understanding.
The pursuit of justice for Independent Indigenous Sovereign Nations is not merely a matter of historical redress; it is essential for creating a more just and equitable society for all. By acknowledging the past, honoring treaty obligations, and respecting Indigenous sovereignty, the United States can begin to heal the wounds of colonialism and build a future where all people are treated with dignity and respect.