The Sovereign Voice ITNJ Commemorative Issue | Page 95

surface of Christendom with its theological papalfranchise patterning . Research points – at all corners – to stunning revelations of severe oppression to our fellow sisters and brothers .
These genocidal , unnatural ‘ laws ’ provided an ethical and legal justification for all Christian explorers to confiscate any land and possessions from the inhabitants of ‘ barbarous nations ’ known as non-Christians . This caused the barbaric killing or displacement of Indigenous peoples , while their sacred lands were raped and pillaged for the accumulation of wealth — and thereby , power — to the ‘ holy ’ Roman Catholic Church . Papal decrees evolved into the discovery doctrine , which has become the basis for our modern ideology of international law . The doctrine ’ s dimensional philosophy continues to negatively affect millions of Indigenous Peoples .
In 1823 , the ‘ Doctrine of Discovery ’ was actually adopted into U . S . law by its Supreme Court in a notable landmark case , Johnson v . M ’ Intosh , 21 U . S .
( 8 Wheat .) 543 . Writing for a unanimous court , Chief Justice John Marshall observed that Christian European nations had assumed ‘ ultimate dominion ’ over the lands of America during the Age of Discovery , and that – upon ‘ discovery ’ – the Indians had lost ‘ their rights to complete sovereignty , as independent nations ,’ and only retained a right of ‘ occupancy ’ in their lands . In essence , that means a European power has gained radical title ( sovereignty ) to any land it ‘ discovers .’
This highly influential case became the standard for first-year students ’ curriculum in most U . S . law schools , solidifying the discovery doctrine ’ s place in clarifying contemporary property law . It was an articulation that redacted and consolidated imperial protocol into colonial discovery . So , Marshall ’ s decision was a final codification of the Christian Doctrine of Discovery . Subsequently for almost two centuries , citation to this case ’ s prominent outcome has been primary for federal and state cases associated with Native American land-title disputes .
In other words , per United States property law in use today , Native American nations are still subject to this ultimate authority of the ‘ first nation of Christendom ’ ( based on the issuance of old Papal Bulls ) to claim possession of a given expanse of ‘ discovered ’ American lands . This means that they don ’ t hold title to their own ‘ discovered ’ territory . Therefore , indigenous people are still declared as only tenants ‘ occupying ’ their beloved ancestral homeland — bull ! The widespread use of the antiquated , false Doctrine of Discovery in American law means that the U . S . is a vassal of the Vatican . Therefore , the Vatican actually controls corporate entities such as the United States , via Roman Curia law ( the administrative apparatus of the Holy See ). This is an outdated religious-cultural judiciary logic that has provided a framework for influencing contemporary legal , social , intellectual , and major policy decisions . Think about it realistically — cases are still being decided based on the norms codified in early nineteenth century considerations of doctrinal discovery .
This is evident as recently as in 2005 , during a U . S . case , City of Sherill v Oneida Indian Nation of New York . The court ruled that “ under the ‘ doctrine of discovery ,’ 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 .” 5
5City of Sherrill v . Oneida Indian Nation , 544 U . S . 197 ( 2005 )
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