Newcomb: On non-Indian, anti-Indian law
By
Steven Newcomb
|
| In keeping with non-Indian, anti-Indian law, what has the society of the United States said to Indian nations and peoples? |
Non-Indian, anti-Indian law is comprised of a body of ideas (called “a system”) that were mentally created and designed by non-Indian people working as official representatives of the government of the United States. I use the term “anti-Indian” because the effect of these ideas has been to bind, contain, limit and control originally free and independent Indian nations so as to render them not free, and to take over and profit from the vast majority of the lands, waters and resources of Indian nations.
How ironic. At the same time that the people of the United States have prided themselves on their own tradition of liberty, they have worked simultaneously for more than two centuries to deprive originally free Indian nations of their own liberty. The American people have done this as a means of benefiting from the trillions of dollars in wealth to be gained by taking over and exploiting Indian lands and waters found in the traditional territories of Indian nations.
History clearly demonstrates that when one people is able to control another people, those who have achieved that dominant position will use it to their advantage by habitually manipulating and abusing those under their control. This calls to mind the old saying, “What good is power if you can’t abuse it.”
The presumption of non-Indian control of Indian nations is contradicted by the thousands of years that our respective nations lived completely free and independent of any Christian European authority. Ever since the invaders arrived, our struggle has always been between our original liberty and a presumption of colonizing authority by those populations that traveled here to North America from Western Europe, which at the time was known to them as Western Christendom.
Non-Indian, anti-Indian law does not begin with an acknowledgment of the original free and independent existence of Indian nations. Instead, it begins with a premise of “domestic dependent nationhood,” without explicitly acknowledging the basis of that premise, which is the claim that non-Christian (“heathen”) Indian lands were discovered by Christian people.
The original free and independent existence of our ancestors and our nations ought to be highly valued by us as Indian people, yet it is something we seldom explicitly mention. Scholars and practitioners of non-Indian federal Indian law certainly spend little time making the point. Instead, they merely reiterate the customary non-Indian ideas called “federal Indian law,” while seldom attempting to challenge the indefensible Christian religious premise of that system of ideas, a premise traced back to the Old Testament, and to declarations of war against non-Christian peoples that are found in many Vatican documents and royal charters.
In keeping with non-Indian, anti-Indian law, what has the society of the United States said to Indian nations and peoples? When we examine papal bulls, royal charters and the laws and policies that have followed from those documents, the dominating society has said:
Because we are Christian and European, and you Indians are not, these lands where you have lived rightfully belong to us.
Because we are Christian and European, and you are not, we have the right to control your lives and your existence.
| The effect of these ideas has been to bind, contain, limit and control originally free and independent Indian nations. |
Because we are Christian and European, and you are not, we have the right to take over the lands you are accustomed to using and exploit the soil, the waters, the timber and anything else that we consider valuable.
We have the right to consider the places you regard as sacred and holy to be sources of mineral wealth that God put on this earth in order for us to extract and utilize for our enrichment.
We have the right to enrich ourselves with these valuable things in order to make ourselves and our society wealthy and powerful, while making certain that you remain weak, ineffective and divided.
And, because we make sure that you have no means of stopping us from doing these things, or of making your perspective known to the public, we are able to operate independent of your will. Your will and your views cannot deter us, and never will, because our God has decreed that this is how we should and must behave toward you and in relation to the earth.
We can and must do a better job of explicitly repudiating the Christian bigotry at the core of non-Indian, federal Indian law, while articulating a nationhood perspective premised on our original free and independent existence. Part of how to do this is to be self-disciplined about using the term “nation” to express our political identity.
Steven Newcomb, Shawnee/Lenape, is indigenous law research coordinator in the education department of the Sycuan Band of the Kumeyaay Nation in San Diego County, co-founder and co-director of the Indigenous Law Institute, and author of “Pagans in the Promise Land: Decoding the Doctrine of Christian Discovery” (Fulcrum Publishing, 2008).
This content requires the latest Adobe Flash Player and a browser with JavaScript enabled.
Click here for a free download of the latest Adobe Flash Player.
Classifieds
On Demand
-
Digital Copy
Receive Indian Country Today in digital format Read more »
-
ICT Insider
Sign up to receive ICT Insider E-Newsletters Read more »
-
ICT audio
Listen to audio programs from ICT Read more »
-
Video
Watch ICT videos right in your browser Read more »
-
RSS Feeds
Stay up-to-date with ICT Read more »
-
Mobile
ICT on your cell phone or PDA Read more »
Thursday, Jun 18 at 4:31 PM Michael Mack wrote ...
The primary issue that is always left out of such discussions is that the Christian basis the U.S. has interwoven into everything it is and does is a pure fantasy on the part of the U.S. No biblical scriptures justify conquest in any way, shape, or form. "Preaching the word" does not justify conquest. Neither does "Dominion". Strictly speaking what the bible tells Christians to do is to preach "The Good News". In the bible "Dominion" refers to Christianity, not whites or specific races.
24072257 Inappropriate? Alert Us!Thursday, May 14 at 10:32 AM Storm Cloud wrote ...
Winged made a good point re Ndn attorneys exacerbating the problems. Reason why, loosely stated, like other government officials, when licensed to practice law in US courts all attorneys take an oath to uphold US law. When defending an Ndn cause they must do so within the strict confines of US law. Ergo, the odds are against the Ndn. Those who have the gold rule, and those who make the law win. E.g.,the Cobell vs Salazar case. Comes from being a Dependent Nation. So drag out ur treaty, chief.
21426849 Inappropriate? Alert Us!Wednesday, May 13 at 2:12 PM Pashka wrote ...
Little Gandhi vs. the British Empire. Gandhi won! You can win, too.
21379639 Inappropriate? Alert Us!Tuesday, May 12 at 4:33 PM wanblii ake glii wrote ...
Great column! I agree with you too Winged. The last 500 years of colonization has, unfortunately, given too many ndns the belief that working through federal ndn law is the only pausible way to now "fight" for their rights. Many can no longer concieve of returning to being "independent" again or what ultimately would need to be done to work for this. I'd say for most, if not all, of the ndn "nations," federal ndn law is all they have now...unless, just one ndn ppl were to show the rest the way.
21328344 Inappropriate? Alert Us!Friday, May 8 at 8:37 PM Billie Good wrote ...
I am an white non-indian person, who was raised to be any religous donomination I would choose. I chose to be a Christian, in doing this I have learned the Christian ways. Our God does not say to treat people the way you have been treated by the non-Indian people. In our bible one of our ten commandments is "Do unto others as you would have them do unto you" If these so called Christians were true Christians, they would not have done this to your people. I would like to apollogize for them.
21169609 Inappropriate? Alert Us!Friday, May 8 at 5:46 PM John Duffin wrote ...
After much thought about it, it seems to me that Steven Newcomb is right. It appears that christian ideology far from creating peace for mother earth and all the animal nations has instead done the opposite, dispite what christian leaders would say to the contrary. The native american indigenous ways to many peaple seems to be a vastlly broader and richer framework for the allowing and flourishing of all our brothers and sisters and our cousins in the animal kingdom. Steven Newcomb writes
21163157 Inappropriate? Alert Us!Thursday, May 7 at 11:54 AM Clarisse wrote ...
Oh dear. Nothing is anybody's. Especially forever. There are plenty of people who have passed through this life having and not having, losing, being taken advantage of. There will always be land grabbers everywhere there is land. And power mongrels are sometimes the weakest among us. We can't all be blamed for what a few do, in the name of Law, Country or God.
21075659 Inappropriate? Alert Us!Tuesday, May 5 at 12:12 PM man wrote ...
reasonable opinion. one reason indians have a failure to thrive is because leaders accepted by obama & co. are people who are there to please. on the rez i'm with the council bought themselves gold rings AND unemployment is more than 50%. there is real apathy.
20949167 Inappropriate? Alert Us!Monday, May 4 at 3:25 PM Bao-Ate, Big Cat wrote ...
Eoropean theology prpetuated many political theories, that the colonists adopted one being the divine right theory,God given right, to exploit people that wre so called uncivilized.I refuse to accept the word referring to Native Americans as being indigenous,Many were nomadic.My Relationship comes from the Almighty,And my spritual relationship with my brothers and sisters who share the same customs taditions and values of my ancestors.Stop, perpetuateing ignorance.
20905232 Inappropriate? Alert Us!Monday, May 4 at 10:03 AM Nevamind wrote ...
The problem with the UN Forums is this--Whatever gains you make there are subsequently tasked to tribal governments. All this talk of sovereignty and self determination sounds good but the vehicle people rely on to deliver it is the tribal government--a government that has no intention of being Independent. They will use the word sovereignty to justify deals with mining corporations and the like, not to work towards being free. We have the grassroots doing work that is coopted by tribal govts.
20887917 Inappropriate? Alert Us!Sunday, May 3 at 11:34 PM White Clay wrote ...
This land and its resources belongs to no one, be they Indian or White. To assume "ownership" based on the premise that "we were here first", is folly.
20877037 Inappropriate? Alert Us!Sunday, May 3 at 9:27 PM CurtJ wrote ...
When are Native American/Alaska Natives going to take these Carpetbaggers to the Indigenous Peoples Forum of the United Nations? Though the USA isn't a member of the World Court(For obvious reasons), they could still be made to answer for their theft of natural resources and lands for colonization. It's called "Colonialism" and it's the main cause of Terrorism today. To invade and enslave, rape, murder and commit genocide in order to steal natural rsources and lands. Define colonialism.
20874667 Inappropriate? Alert Us!Sunday, May 3 at 9:04 AM Anonymous wrote ...
Excellent explanation....THEIR courts always rule in THEIR favor, its no wonder why we have always lost our lands, rights and natural resources, because their laws and courts are geared to take from us....we are the only peoples who have to live under several thousand additional laws within the united states....that is why these treaties have always been biased and one sided....and now we the Indigenious need a voice to right the wrongs......
20855748 Inappropriate? Alert Us!Sunday, May 3 at 12:16 AM SurvivalFittest wrote ...
It's funny to see these right wingers commenting on this board about Survival of the Fittest, while in the real world, they are whining and crying around about Obama, "illegal immigrants", People of color taking their jobs, Rich Indians, mean bad Muslims, Scary Iran, Dangerous Hugo Chavez, Rich Casino Indians, etc etc. It seems to me that these right wingers are full of fear instead of ready to man up and face the world.
20850302 Inappropriate? Alert Us!Saturday, May 2 at 4:09 PM harry bessette wrote ...
TERO Law is our fight for save our sovereignty. It is sad to see our Indian Leaders threaten to stop the TERO. It is there belief that the Non-Indian is mistreated. Our Indian Leaders are of Non-Indian blood and they fight the TERO Law as an enemy. Our people struggle against discrimination in our own Indian business and it is perpetuated by the Non-Indian. I can not count the time's on both hands the fight to keep sovereignty from being eliminated by our own Indian Tribes voted in leader's.
20839337 Inappropriate? Alert Us!Saturday, May 2 at 1:46 PM Tay wrote ...
Very eloquent commentary. I do wonder what trauma the white race endured to cause it to behave with such insanity, as seen by Klondikes comment here, or the great intellects here in Denver who move next to an airport and then scream about the noise.
20836128 Inappropriate? Alert Us!Saturday, May 2 at 9:51 AM Wise One wrote ...
This romanticized article speaks in general terms of the atrocities surrounding the Native American. Where in the world and history of mankind, does a weaker group of people exist to dominate; Indigenous or not? Human nature dictates, "survival of the strongest". In this Nation, the European invaders proved to be unsurmountable, instituting their religious beliefs - the natives were sacrificed for the birth of this great nation.
20829077 Inappropriate? Alert Us!Friday, May 1 at 11:00 PM John wrote ...
This is an excellent article. The moron calling himself Klondike should just move. I'm sure he can find a coal mine or a military base to live next to so he can really see an environmental mess. These people amaze me. Of all the things he could slap us with, riding motorcyles was the best he could do? What you have written needs to be put on the forefront of conversations. I agree with you completely that all "Federal Indian Law" is anti-Indian. Decolonization can only start removing much of it.
20818412 Inappropriate? Alert Us!Friday, May 1 at 9:23 PM Sam Klondike wrote ...
Very interesting, this article about abuse of power. I am unfortunate to live next to the Barona Reservation, where I, a non-Indian, am being abused by the Barona Tribe and their terribly noisy motocross track. Your fellow Indians are making our lives a living hell with their 106 decibel motorcycles tearing up your "Mother Earth" for no good reason. You should be ashamed to call this tribe "Native Americans," because they are making you all look very bad. http://badtrack.bravehost.com
20815017 Inappropriate? Alert Us!Friday, May 1 at 1:13 PM Euell Neverno (non-Indian) wrote ...
Agree with Griffith above. The logical upshot of Newcomb's thinking is a repudiation of U.S. citizenship for tribal members. Think about it and the ramifications. A reservation is not a nation, nor would you want a passport requirement to leave it.
20784562 Inappropriate? Alert Us!Friday, May 1 at 11:34 AM Winged wrote ...
Good column. I think this problem is exacerbated by other Ndn attorneys and professors, also. They claim "domestic dependent" status is the greatest thing to ever happen to Indian People. It's one thing to hear a non indian say this, but when you have Ndn professors and Ndn law firms saying this, it greatly influences younger ndn people to accept this erroneous claim. Whole generations are now being taught, by other Ndns, that Federal Indian law is the only legitimate expression of who we are.
20771102 Inappropriate? Alert Us!Friday, May 1 at 9:14 AM Preston Griffith (Monacan) wrote ...
Well said Mr. Newcomb. Let us all begin any conversation with the premise that these lands are "ours" and remain occupied by a colonial power. As an aside... do you know of any colonial lands, other than that of the U.S., Canada and Australia that have NOT been returned to its people?
20741742 Inappropriate? Alert Us!Add a comment
Most Popular