- Chapter Three
All Mineral, Plant and
Human Relations are Connected to the Land, Air, Water and Fire.
INDIGENOUS SOVEREIGNTY
by Johnny Liberty
Dedicated
to the thousands of pioneers who came before and to the research and creation
of this handbook.
Native Sovereignty and the Doctrine of Discovery
“Self-determination is
the deciding by a people of a nation what form of government they shall have
without reference to the wishes of any other nation....the people have a range
of choices from total assimilation within another nation, territory status,
autonomy, statehood, free association, commonwealth to total independence and
sovereignty.”
— Francis Anthony
Boyle, Attorney
Editor's Note: Thanks to
Stephen Newcomb for his research and expose' of the Doctrine of Discovery. This
is where the Christian and indigenous theologies are perpetually in conflict.
There is no spiritual justification for genocide, or the annihilation of a
culture. If your religion does not teach and practice the golden rule, then it
has nothing to offer you.
Before we can continue
with the issues of sovereignty as it relates to the
Most Americans have heard
the term “sovereignty” only as it refers to the native struggle for sovereign
rights to selfdetermination and recognition of their indigenous cultures and
nations.
The Western nations
and Power structures cannot continue to ignore the indigenous peoples in our
mostly destructive pursuit for property, wealth, and a now extinct “manifest
destiny.” There are no continents or peoples left to conquer.
The last frontier is
internal and spiritual, as well as political and environmental, and we must
include the indigenous people in this final quest for sovereignty for all the
people.
We the People have a
spiritual debt to the indigenous people that can never be repaid.
Until forgiveness and
healing of these transgressions are complete, there'll be no true happiness in
these
The Western world is
riddled with guilt and shame for the deeds done in the name of “progress.”
Forty years before
Christopher Columbus set foot in the
With this document and
its predecessor in Roman law (terra nullus), Pope Nicholas declared war against
all no Christians throughout the world.
The
“This Doctrine of
Discovery, an ancient doctrine of the Christian world, still serves as the
foundation of federal Indian law in the
— Steven T. Newcomb
After Pope Alexander
VI heard of Columbus' successful “discovery,” he promptly issued the Inter
Cetera bull on May 3, 1493 in which he declared that “the Catholic faith and
Christian religion be everywhere increased and spread and that barbarous
nations be overthrown and brought to the faith itself.” 2
He called on the
monarchs of
Even when indigenous
people signed a treaty, it was considered non-binding because they were
non-entities under the Canon law. Thus generations of treaties have been
routinely dishonored, and indigenous people still suffer great injustice at the
hands of their conquerors. The roots of religious persecution and racism go
long and deep in the
The
“Discovery gave title
to the government, by whose subject, or by whose authority it was made, against
all other European governments.” 3
“Indian people are
still denied their rights simply because they were not Christians at the
— Steven Newcomb
Few people realize
this legal distinction between Christians and the so-called “Heathens” (i.e.
indigenous peoples, Native Americans, the people) is still the “law of the
land” today.
Based on the Doctrine
of Discovery, and the resulting federal law, the
Indigenous people
still have unalienable, natural law rights to complete sovereignty as
independent nations. This has never been refuted in American law, although the
treaty law has not been respected.4
In my analysis, the
indigenous people of
Many indigenous
people, dispirited by the genocidal actions against them, temporarily
surrendered to the federal system under the stewardship of the federal
government.
The indigenous people
can reclaim their sovereignty by disengaging from the federal government and
restoring political, economic and legal sovereignty over their affairs as a
nation (e.g., Onondaga Tribe in
One of many steps
needed to bring this immoral, although “legal,” system of colonization and
exploitation to an end, the Doctrine of Discovery must be formally revoked by
Pope John Paul II.
An open letter has
been written and submitted to Pope John Paul II for consideration, although he
has ignored the request to date.5
Another step needed to
restore sovereignty is to restore “allodial” land rights as a tribe in either a
“Sovereign Trust” structure, or by updating the tribal land patents.
Restoring
self-reliance, tribal traditions and language, and the land-based self-sufficiency
of the indigenous people, along with economic self-reliance, is the major
challenge to sovereignty.
The federal
“The Cabazon Band of
Indians are a sovereign nation. The sovereign immunity that is accorded the
Cabazons as a consequence of this fact made it feasible to pursue on the
reservation the development and/or manufacture of materials whose development
or manufacture would be subject to stringent controls off the reservation.”
— Michael J.
Riconsciuto 6
That the indigenous
people must get these casino gambling operations, mining and other
environmentally destructive industries off their reservations is essential to
reclaiming tribal sovereignty.
These casino gambling
operations, and other industries, are a political and economic means to control
and regulate the resources of the reservations through corporate enterprising.
Thus the reservations become subject to the New World Order, just like the rest
of the common people of the world. 7
If they are to be
utilized wisely, then the funds generated by these industries must be used to
rapidly rebuild the tribal infrastructure, dissolve these corporate operations
promptly, and break all ties, except diplomatic, with the federal and State
governments. Any native businesses or industries that remain can be integrated
into a Sovereign Trust structure.
This can be the legal
instrument for implementing sovereignty in all tribal nations, and having it
recognized internationally by establishing self-government under the Law of
Nations.
There are over 3,000
indigenous nations, often nations within nations, that have not been recognized
by the international community as sovereign nations with the unalienable rights
of self-determination.
Sovereignty movements
are afoot in many of the stronger tribal cultures in
Sovereignty Summary
In summary, the power
of sovereignty is:
1. Based on the
inherent nature of the free individual;
2. It is the source of
authority from which all laws and governments arise;
3. It is based on the
action of the individual being supreme;
4. It is a gift that
you choose to give yourself.
Indigenous Treaty Rights
Editor's Note: Treaty
law is supreme over all other laws pursuant to the Constitution. This includes
treaties with indigenous people. Until We the People honor what we have
promised to the indigenous people, the lies and deceit will continue unabated.
We will be caught in our own lie turned inward. Honesty in all matters is
imperative for sovereign people.
Indigenous nations and
people have the right to secure their homelands and provide for their people.
Indigenous American
people gave up vast territory and wealth under the white man's colonization.
Indigenous American
people, or Indians as they are called in the statutes, were not subject to any
tax.
The Buck Act (1940)
excepted Indians from the levy or collection of any tax. (i.e., Indians not
taxed).8 The federal United States could only tax it's “
“Congress shall have
the power to regulate commerce with the Indian tribes.”
— Constitution for the
Indigenous nations and
people have the right to have their treaties honored by the governments that
negotiated them. Treaty rights in North America, and much of the colonized
world, have not been honored by nation states because native people, like “
Indian people were
under the jurisdiction of the Bureau of Indian Affairs, regulated by the laws
of the federal
From the standpoint of
the federal government, the treaties were originally negotiated with
“non-entities,” of “nonrecognized” nations, without Citizenship or rights of
any kind, state, federal or international.
Therefore, the federal
government acts as if the treaties with indigenous people are not binding, nor
are the treaties with indigenous people respected the same as treaties with
European nations.
As “wards of the
State” without Citizenship of any kind, indigenous American people were denied
access to the state and federal courts.9
Therefore, indigenous
people could not challenge the violations of their treaties, nor could they
compel the federal government to any specific performance.
Indigenous American
people were neither sovereign “state” Citizens like the white, male property
owners were, nor were they
Emergency power
statutes permits the abrogation of Indian Treaties when any Indian tribe is in
actual (or contrived) hostility.10
Could this be another
convenient justification by the federal
“A treaty is declared to be the supreme
law of
the land, and is, therefore, obligatory
on courts
whenever it operates of itself without
the aid of a legislative provision.”
—
Today, neither the indigenous American
people, nor “
Ironically, perhaps karma, the very land
that was stolen from the indigenous American people because of the Doctrine of
Discovery is now being systematically stolen by the same old Power structure,
both at home and abroad.
“The indigenous American people,
sovereign ‘state’ Citizens, and
Indigenous
Many indigenous American people, those
without a Native American tribal document (which certifies that they are still
a sovereign people), have recently been naturalized as “
Although, indigenous
“A treaty is a law of
the land whenever its provisions prescribe a rule by which the rights of the
private citizen or subject may be determined.”
—In
re Cooper, 143
Seven Aspects Summary
Every aspect of sovereignty
defines the realm of a responsible individual. It takes courage, faith,
kindness and contentment to reach the levels of joy we are capable of in our
lives.
The seven aspects of
sovereignty are:
1 Attaining physical
health and wellbeing;
2 Attaining emotional
health and balance;
3 Practicing spiritual
sovereignty and the golden rule
4 Free yourself from
mental slavery;
5 Achieving economic
sovereignty and financial independence;
6 Choosing your
Citizenship;
7 Establishing true
independence in your nation of choice.
These are the seven
aspects of sovereignty. Sovereignty is an attitude. It's a way of being. It's a
way of life.
Indigenous Sovereigns of
Editor’s Note:
There is a growing impatience on the part of` the indigenous people of
In recreating a
de jure government, the American sovereign` must consider the claims and
restitutions due the inherent` indigenous sovereigns of North America whose
lands, rights` and cultures have been systematically decimated over the` last
three hundred years.
The American
sovereign must honor and respect these` indigenous sovereigns, and develop
diplomatic relations` with them during a long deserved period of
reconstruction` and restitution.
New nations of
indigenous sovereigns are being recreated` not only in
Diplomacy
- Not Perpetual War` Like
the
Their sovereignty
was not lost but suppressed, and in some` cases destroyed, through genocide.
The Constitution
for the
To this day the
activities on the Indian reservations,` including casino gambling operations,
are not subject to` taxation, although a desperate and bankrupt United States`
government and its political subdivisions have recently` considered using
national guard troops to forcibly collect` taxes on the reservations (e.g.,
Mohawks).
This is clearly
unconstitutional as well as unconscionable.
There is
substantial evidence that the sovereignty of the` indigenous people was not
annihilated, although it is clearly` still under attack.
Indians
Not Taxed = Sovereigns Not Taxed`
The process of
reclaiming sovereignty is similar for the` indigenous sovereigns of
Instead, there
were chiefs, councils, kivas, and other forms` of self-government, many of
which have been functioning` for thousands of years. Such can be remedied under
the Law` of Nations by consummating governments modeled after` constitutions
like the Iroquois Confederacy, or their` traditional councils of elders.
The principles of
sovereignty are universal and arise from` the natural and organic laws.
“It will not suffice for the Kingdom of Hawai’i to` become a
nation within a nation, and to remain` dependent upon the economic and money
system` that has been installed ul
— John David Van Hove,` Former Ambassador from the Kingdom of`
These laws must
be further developed and instituted to meet` the challenges of a modern
colonial world still on a collision` course with the traditional cultures. But
the era of` colonialism is almost over.
The indigenous
peoples are beginning to effectively organize` and fight back against this
historical encroachment.
Soon indigenous
people will have the upper hand as the` colonial powers have systemically
bankrupted themselves,` politically, economically and morally and surrendered
to the` New World Order.
The sovereign
indigenous nations of the world must not` make this mistake. Accepting a
“nation within a nation” status is
inappropriate for a sovereign people.
So is asking for
recognition by the United Nations.
Sovereign people
must get off their knees and accept` nothing less than independent status —
politically,` economically and legally.
Mental
Sovereignty Summary`
1. In summary,
mental sovereignty is:`
2. You have your
own mind, your own thoughts, ideas and` conclusions;`
3. One function
of the mind is for memory or storage;`
4. Another
function of the mind is for focusing thought` and energy;`
5. You must train
your mind to focus both intention and` attention;`
6. You must learn
to make distinctions in your own mind;`
7. To embrace
higher truths, our way of thinking must` shift to embrace the paradox;`
8. Mental
sovereignty is about doing your own thinking` and making your own choices; 8)
Come up with an` original idea in 30 days or less;`
9. Defeat all
mind control systems by being vigilant and` perceptive;`
10. Reconsider
political correctness;`
11. Free yourself
from blind spots that keep the same old` mental patterns operating;`
12. Develop your
mindset into a powerful attitude for` achieving success in your life.
News from Indigenous Nations` Onondaga Insist on Self-Rule`
The Onondaga
Nation has insisted on self-rule and` independence from the federal government for
centuries.
Enter the Onodaga
Nation territory and you’ll enter a` foreign country.
They don’t
recognize federal jurisdiction or consider` themselves
They travel
freely on their own passports. They refuse to` accept federal programs that other
tribes recognized as` “nations within a nation” do accept at the cost of their`
sovereignty and independence.
The federal
government doesn’t concede the Onondaga’s` independence and the tribe has been
in numerous legal` battles with the State of
According to
Chief Irving Powless, by western standards the` tribe lives in “poverty,” but
the Onondaga’s consider` themselves blessed to be free and not accept the
trappings of` civilization such as being taxed, drafted, investigated and`
counted.
Chief Powless is
a member of a tribal council picked by clan` mothers in a matriarchal society.
He asserts there are lots of` happy, well-fed people who are firmly rooted in
their` culture. “We’re still here...surviving without compromising` our
position for the last 200 years.” 11`
They are
convinced true sovereignty must be built on` economic independence.
They have raked
in $100 million in casino profits since 1993` and expanded their land base from
32 acres to 4,000 acres.
Being run by
tribal governments installed by the Bureau of` Indian Affairs doesn’t yield an
independent voice for the` indigenous people, but a mouthpiece for and
cooptation by` the federal government.
Not to mention
the immorality of raking in profits on` gambling and disempowerment — a
prostitution of the` human spirit.
Many other tribes
have gone this route, and it could be a` short-term working strategy for
long-term sovereignty if` they don’t lose the heart and soul of the people in
the` process.
The tribes could
gain economic independence only if they` converted the financial resources into
an infrastructure that` provides for self-reliance and interdependence.12`
On January 23,
1990, the Shawnee Reserve was violated by` an armed force which invaded the
reservation in order to` steal Shawnee Indian property and impose civil
jurisdiction` upon Shawnee Indian Country and the Indians thereon,` according
to Chief Jimmie D. Oyler.
A recent tax
levied against the Chief has prompted him to` file “Motions with Demand and
Warning” to Governor Bill`
Chief Jimmie D.
Oyler and other unnamed tribal members` sent a legal warning to the “State of
Kansas” that anything` short of “total compliance with the Constitution of the`
United States, United States Treaties with the Shawnee and` others” shall
result in total war.13` Northern Russian
Federation Calls for International` Assistance Indigenous groups in the
Northern Russian` Federation have called for international support for`
negotiations with President Yeltsin.
The group is
transmitting a call to “political parties and` movements, to the Russian
public, to all people of good will,` to whom the life and rights of every
nationality is dear, to` support the aims of minority peoples of the Russian
North` for self preservation.”
Socio-economic
conditions among indigenous people of the` north in the
V.B. Shustov,
General Secretary of the Association of` Indigenous Peoples of the North,
Siberia and Far East, says` annexation of lands to accommodate “rapacious
petroleum,` natural gas, coal, gold and non-ferrous mining interests,` without
any form of just compensation to indigenous people` of the north, is
threatening 29 endangered nations` representing some 200,000 individuals.
He asserts that
"the transition to a market economy is` characterized by a total break
down of traditional economic` activities and way of life, an uncontrolled
growth of` unemployment and impoverishment, life threatening levels` of crime
and alcoholism that undermine traditional outlooks` on life, sharp decline in
the health of our peoples and death` rates that are one and a half
As a result,
indigenous groups are demanding the start of a` negotiation process with the
government of the Russian` Federation “while it is still not too late,”"
addressing the` questions of direct compensation, guarantees of traditio-nal`
resource use and economic activities, social services,` economic advancement,
government representation and` related issues.
Unfortunately,
this strategy is flawed as it is an appeal from` an affiliated NGO of the
United Nations. Although,` application for international recognition of the
injustice is` well intended, it’s an appeal to the very Power structure that`
created the injustice in the first place. Can you appeal to the` wolf to stop
eating the chickens? 14`
Huaorari
Nation Occupies Oil Platforms` The
Huaorani Nation of the Ecuadorian Amazon (ONHAE)` occupied oil platforms and
rigs belonging to Maxus
The Huaorani
group says that despite an “Agreement of` Friendship, Respect and Mutual
Support” signed between` the indigenous people and Maxus, the company's true`
intentions have become manifest.
The compact was
signed amidst divisiveness and deceit on` Maxus’ part , and the corporation's
paternalism and` manipulation is resulting in loss of autonomy for the`
Huaorani people.
As a result, the
Huaorani have proposed a new agreement to` the government of
The new agreement
challenges the government and Maxus` to defend and protect the cultural, organizational
and` territorial integrity of the Huaorani people and to guarantee` their
participation in the decision making process for oil` development in their
territory.
They also are
requesting the corporation to coordinate its` activities with the Huaorani's
own economic development` plan.16`
Indians
Threaten Mass Suicide` About
250 Brazilian Indians with a tribal history of suicide` are threatening to
fight to the death or kill themselves if` they're forced from a ranch in the
western brush-lands.
Dozens of
families of Kaiowa-Guarani Indians have lived on` the 1,230-acre ranch, 800
miles west of
Earlier this
year, President Fernando Henrique Cardoso` signed a decree allowing such
expropriations to be contested` in court, and former owner Miguel de Oliveira
sued` successfully. A judge ordered the Indians off the land. 17` Indigenous people have been exploited
for generations for` the natural resources they command.
This is as true
in the former Soviet Union, in
Indigenous people
have understood the destruction of their` sovereignty much longer than the
American patriot. We the` People have much to learn from each other.
Enough of the
domination of the white race over the red,` black or yellow races. We must
respect the sovereignty of all` the people of every culture and Nation.
Martial
Law at
Martial law has
been imposed over a large area on Black`
The residences of
Louise and Ruth Benally in the Community` of
Violence has been
reported by several area residents as` police have used batons and force to
take the gathering` participants into custody. Police are now preparing to use`
tear gas at the site. Many Navajo Elders are resisting arrest` as their
children and supporters have already been taken` into custody.
The situation
escalated as a group of Elder women` prevented the arrest of a Dine’ youth.
Police then attempted` to arrest Elders who sat and clung to each other to
avoid` being taken into custody. Supporters and family members` continue to
arrive and confront the Hopi Rangers. The` Traditional Elders have called on
the media and the` American public to come and witness the violence and the`
occupation of their ancestral homelands.
Hopi Tribal
authorities have also verbally threatened to` disrupt the upcoming July Sun
Dances at Big Mountain.18`
Leonard
Peltier Denied Parole Again` Leonard
Peltiers parole was denied once again on March 30,` 1996. The United States
Parole Commission (USPC) states` that regardless of the information brought
back to them` from the parole officer and despite favorable recommendations`
following the government's distinct concessions that` no direct evidence exists
against Peltier, it is more` convenient to keep an innocent man in prison than
to deal` with the controversy that might result from paroling him.
The Leonard
Peltier Defense Committee urges people to` voice their outrage with phone calls
and faxes.19
People of` every color have their
political prisoners, those who have` fought, died or been incarcerated for
their cause.
It will greatly
benefit the American sovereign and all` concerned to build strategic and diplomatic
relationships` with all other sovereign entities especially the indigenous`
sovereigns of
As Bob Dylan`
said, “A
man not busy being born is busy dying.” The choice` is ours. Americans— grow or die!`
Sovereignty in
Editor’s Note:
For more on sovereignty in the Kingdom of`
Here lives a
sovereign people --their lands and country` taken, their language and culture
usurped by foreign invaders.
Yet, they are still willing to share “alo’ha” with the` foreigners who occupy
this nation.
The
The winds of
change have arrived on these islands once` again and a window of opportunity
has opened for` reclaiming sovereignty for the
“In
— John David Van Hove,` Former Ambassador from the Kingdom of`
Today in the
streets people will solemnly speak the word` "sovereignty," as if it
was the liberty bell tolling for the`
Sovereignty is at
the heart and soul of every human being,` where the spirit of freedom begins
and ends.
> ALO’HA — with spirit or breathe.
> HA’OLE — without spirit or breathe.
Every child born
in this world is a natural born sovereign` individual with the innate will to
be free.
That will to
freedom and transformation is actively` suppressed by the power structures, and
we are` programmed by the media and our educational systems to` give up that freedom
and our sovereign rights in exchange` for the illusion of security.
Although at first
dependent upon the mother and the father,` then in modern
We the People
must cast off the shackles of our social and` educational programming by the
powers that profit` immensely through systematic manipulation and control, by`
those who harness our desires and will for their benefit, and` limit our
visions and dreams.
The political,
economic and legal powers must be brought to` task and exposed for what they
really are--a massive legal` fiction of greedy pirates, organized crime on the
high seas.
Their only real
power comes from the massive ignorance` and consent of the people worldwide.
Sovereignty is
the key issue on the planet today. Sovereignty` is to be free from any other
nation's control--to have no` higher Legislature than God.
Sovereignty is
not a privilege granted by one nation to` another, but a right inherent in a
people. The United` Nations has proclaimed:` "All peoples have the right
to self-determination; by virtue of` that right they freely determine their
political status and` freely pursue their economic, social and cultural`
development.”
This does not in
any way imply that the authority for such` rights is derived from, or that an
independent sovereign` nation must get recognition from, the United Nations.
It` does not! This establishes as prima facie evidence that, even` the United
Nations acknowledges the principles of natural` law and the Law Of Nations.
The Wisdom of a Queen`
“I could not turn back
the
You must remember never to cease to act` because you fear you
may fail.
The way to lose any earthly kingdom` is to be inflexible,
intolerant, and prejudicial.
Another way is to be too flexible, tolerant of` too many wrongs
and without judgment at all.
It is a razor’s edge.
It is the width of a blade of pili grass.
To gain the kingdom of heaven is to hear what` is not said, to
see what cannot be seen,` and to know the unknowable— that is Alo’ha.
All things in this world are two;` in heaven there is but One.”
— Lili’uokalani, 1917 20`
Lessons for Aspiring Sovereigns`
Editor’s Note:
Credit due to Estar Holmes for authoring this.
The Northwest
Ordinance is the first full declaration of the` United States Government's
policy regarding the Indian` nations.
It was a policy
that had developed during a couple of` centuries of tribal/colonial relations
and reflected the good` intentions of European common law.
The same doctrine
was embodied in the act of August 7,` 1789, as one of the first declarations of
the US Congress` under the new Constitution.
The common law
maxims embodied in the policy were in` direct confrontation with the
overwhelming desire for the` Indians’ lands though, and forty short years
later, the` covetous intentions of the federal and state governments` were
apparent.
“The utmost good faith shall always be observed` toward the
Indians, their lands and property shall` never be taken from them without their
consent;` and in their property rights and liberty,` they shall never be
invaded or disturbed...”
— Northwest Ordinance, 1787` -
In 1830 Andrew
Jackson signed the Indian Removal Act` into law. It was not overtly coercive,
as it authorized the` federal government to send negotiators to the Indians
who` would bargain for and promise to pay for Indian land if the` natives chose
to sell it.
In practice
though, it was a disaster, and with the` encouragement of powerful individuals
and state` government's who coveted the territories, Indian resistance` to the
Act was met with military force.
During those
days, the Cherokee Nation held a vast area of` land within the borders of
Every indication
pointed to the fact that they intended to` remain a sovereign nation on their
ancestral territory and` that they had no plans to disappear to the lands west
of the`
However, the
State of
When the
Cherokees attempted to redress their grievances` about the matter before
Congress they were shunned, so` they hired William Wirt who took the issue
directly to the` Supreme Court. Chief Justice John Marshall said the court` did
not have jurisdiction in the case of Cherokee Nation v.
He coined a new
term for the occasion, “domestic,` dependent nations.” He further asserted that
individual` Indians were in a “state of pupilage,” that is, wards of the`
government; and that they only retained limited aspects of` sovereignty through
the treaties that had been signed.
Justice Smith
Thompson vigorously dissented. He argued` that the Cherokee were an independent
and sovereign` nation. Despite their status as a conquered people they must` be
treated on par with other sovereign nations in their` dealings with the US
Government.
He also
delineated the characteristics of a legal sovereign` nation as it is still
accepted in international law today: It` must occupy a fixed territory with a
population over which it` exercises exclusive jurisdiction, and there must be a
stable` organization to administer its affairs and meet its` international
obligations.
The ink was
hardly dry on Justice Marshall's opinion when a` citizen of
The charges
reflected the laws of the day: “...residing within` the limits of the Cherokee
Nation without license or permit` from his excellency the Governor...”
Samuel A.
Worcester was found guilty and sentenced to four` years in the state
penitentiary. The case was appealed to the` U.S. Supreme Court where it was
argued that the
The settled
doctrine of the Law of Nations is, that a weaker` power does not surrender its
independence — its original` right to self-government — by associating with a
stronger` one, and taking its protection.
A weak state, in
order to provide for its safety, may place` itself under the protection of one
more powerful, without` stripping itself of the right of government, and
ceasing to be` a state.”
Even though the
court had drastically altered its stance in` Worcester, it was the Cherokee
Nation opinion that was` ul
If we were
playing a word association game and I said` “Freemen” not many people would
respond with “Indian.”
But the modern
patriot movement and the ongoing struggles` of indigenous people are closely
linked; the word` “sovereignty” being an example of a shared value heard` about
often in both camps. It goes deeper than that though.
It reaches into
the fundamental concept of Common law.
Frazzled
journalists must find it difficult to grasp the essence` of the patriot
community's discussion of Common law,` lapsing instead into simple demonizing
of the Freemen; a` treatment they may well deserve — but not in the media.
Mindless
sensationalist sound bites are cheating the people` out of one of the more
interesting cultural discussions to` come along in a while. (Yes, even better
than the O.J. trial).
It's true that
most of us have no idea what the Common law` is supposed to be.
Our state and
federal constitutions say it's the law of the` land — except when replaced by
statutes. The patriots say it` has its foundations in the Bible. But even a
cursory` excursion into the vibrant venue of the Common law court` phenomena
currently sweeping the patriot community, will` reveal fundamental
disagreements over details about how to` revive the Common law in our nation.
There is a
consensus however, that it must be revived, which` is only natural.
The popular
support the militia-patriot movement has been` enjoying (despite media attempts
to make it look stupid) is` due to a common sen
Some have already
been choked by it; their traditional life` ways and beliefs have been
threatened and disrupted.
They have been
colonized, so to speak, by an invading power` — the corporate/political and
global elite. It occupies with` force of rules, regulations, tribunals and army
of officers.
The founding
fathers of
They also knew if
people were to loose touch with that` organic law, the country would be
vulnerable to invasion` from armies without, or an incursion by a corporate
state` from within.
So they wrote
documents and set up a government designed` to preserve the organic
relationship of the people to each` other.
They relegated
the federal government to ten square miles` and a few outposts so that it was
prohibited from interfering` in that organic relationship. It was a wise
arrangement.
At the heart of
the Common law the people carried across` the sea were two universal principles
that when ignored,` always cause hardship and sorrow. These are:`
1) Do all you
agree to do;`
2) Do not
encroach on other people or their property.
It is a cruel
paradox of history that many of the colonizers` forgot to apply their lofty
principles to everyone, especially` when everyone else knew the Common law
rules too, and it` was obvious who was breaking them.
However, it is
still an incontrovertible fact that those same` Common law breakers knew how
valuable the Common law` was. Let's face it; this country was established by
radical,` white, narrow-minded men who had some very good ideas.
Such good ideas
in fact, that people from all nations still` clamor to come here, sneaking in
if they have to. And all of` us here are quite content to pursue our right to
happiness on` this finagled land and to plead the lst, 2nd, 5th, or whatever`
Amendment happens to embody the solution to our` desperation.
There is another
fundamental principle in Common law,` that of restitution.
Instead of
denying the fact that this national castle is built` half on the rock of Common
law, and half on the sands of` usurpation, we must apply the law to our own
breach by` confession and restitution.
After all, we are
all beginning to understand how` uncomfortable it is to be colonized.
All people share
the fundamental characteristics of` identifying with their groups, which are
described by` language, culture, tradition, beliefs, morals and relationship`
to property — both real and personal.
The Common law
springs from spiritual morals and` philosophical principles and it preserves
the sphere of` common interaction for all societies.
This is as true
for white patriots in
The conversations
of colonized people tend to resonate from` nation to nation and tribe to tribe
as they strive to hold on to` the things that uniquely identify them.
Note for example
the similarities between the following` statements taken from the Abya Yala
News, the journal of` the South and
“They have superimposed artificial` and arbitrary borders over a
cultural` and historical geography;` they have tricked us into thinking` we can
obtain justice in their courts;` they have undermined the peoples’` justice
systems;` they define us with legal language that does` not define the nature
of our character;` democratic fictions...enable(d) the oscillation` between
democracy and dictatorship;` true Indian liberation will begin` when we assume
our condition` of immemorial identity, when we abandon` the entities of the
national states` that dilute and disavow us.”
Only those who
have been thoroughly re-educated by the` occupying powers insist on
perpetuating the illusion that the` corporate state represents the interests of
the people and` their commons.”
Notes and Sources`
INDIGENOUS
SOVEREIGNTY`
1. Quote sourced
from Steven Newcomb, author of an` essay, A Matter of Religious Freedom.
2. Ibid.
3. Ibid.
4. Ibid.
5. Steven
Newcomb, Birgil Kills Straight, Maria` Braveheart
6. Sourced from
Rodney Stitch, Defrauding America` (1994), p.389.
7. See also
Indian Gaming Act of 1988; 300 tribes in 27` states.
8. Title 4 USC
§§105,106; See also Title, Rights Are Not` the Same by Rafe Mair (regarding the
Haida` sovereignty movement).
9. See also
Corpus Juris Secundum,7 CJS at par. two, for` the definition of "wards of
the court.”
10. Title 25 USC
§168.
11. Sourced from
Ann Botticelli, Honolulu Advertiser;` Review by Estar Holmes, NANS, Spring ‘96,
p.19.
12. Ibid`
13. Sourced from
NANS, Spring ’96 p.19.
14. Sourced from
Russian Federation Association Of` Indigenous Peoples Of The North, Siberia and
Far` East; 117876
15. Quote sourced
from the Gathering of Native Writers,` Artists & Wisdom Keepers at Taos,
New Mexico, Oct` 1418, 1992.
16. Sourced from
PeaceNet: Glen Switkes, May 17, 1996;` saiic@igc.apc.org (South and Meso American Indian`
17. Sourced from
The Register Guard.
18. Sourced from
PeaceNet iitc@igc.apc.org (International`
Indian Treaty Council); Reviewed by Estar Holmes.
Contact: John
Abalone Walsh, Native American` Support Group, 3594 Pleasant
19. Sourced from
Peltier Defense Committee. Contact:` Leonard Peltier Defense Committee,
Email:lpdc@idir.net;
Website: https://www.unicom.net/peltier/i`
ndex/html`
20. Sourced from
21. Sourced from
NANS, Summer ‘96, p.63.
22. Sourced from
NANS, Spring ‘96, p.67.