Story Published:
Jul 25, 2009
Story Updated:
Aug 17, 2009
ANAHEIM, Calif. – In a first-of-its-kind action in the Christian world, the national Episcopal Church has passed a landmark resolution repudiating the Doctrine of Discovery and urging the U.S. government to endorse the U.N. Declaration on the Rights of Indigenous Peoples.
Organizers of the bill hope it will lead to the overturning of a 19th century U.S. Supreme Court ruling and Congress’ assumption of plenary power over Indian nations they say are illegitimate and immoral, and continue to strip American Indian nations of their inherent sovereignty.
The resolution, called “Repudiate the Doctrine of Discovery,” was passed unanimously by the Episcopal House of Bishops and by an overwhelming majority of the House of Delegates during the church’s 76th General Convention July 8 – 17 in Anaheim.
“It’s a historic event,” said Steven Newcomb, Shawnee/Lenape. Newcomb is the indigenous law research coordinator for the Sycuan Education Department, co-founder and co-director of the Indigenous Law Institute, and a columnist for Indian Country Today.
Newcomb’s work on the Doctrine of Discovery in his many essays and his 2008 book “Pagans in the Promise Land” is the spark that ignited individuals in the Episcopal Church to pursue the resolution.
Newcomb expressed his “deep appreciation” for John Dieffenbacher-Krall, Brenda Hamilton, and John Chaffee “who powerfully advocated for passage of the adopted resolution.
“Through the official action of an important religious institution in the United States, the document raises the visibility of the Doctrine of Christian Discovery, while providing a means of educating people about that doctrine and its continuing effects on indigenous nations and peoples. The resolution is also important because of its focus on and endorsement of the U.N. Declaration on the Rights of Indigenous Peoples.”
The resolution is also timely: The U.N. Permanent Forum on Indigenous Issues has called for a study of the Doctrine of Discovery and its historic and continuing effects on indigenous people to be completed by the forum’s convening in 2010.
“The Episcopalian Church’s resolution will no doubt factor into that study,” Newcomb said.
The Doctrine of Discovery was a principle of international law developed in a series of 15th century papal bulls and 16th century charters by European monarchs. It was essentially a racist philosophy that gave white Christian Europeans the green light to go forth and claim the lands and resources of non-Christian peoples and kill or enslave them – if other Christian Europeans had not already done so.
The doctrine institutionalized the competition between European countries in their ever-expanding quest for colonies, resources and markets, and sanctioned the genocide of indigenous people in the “New World.”
The resolution renounces the doctrine “as fundamentally opposed to the Gospel of Jesus Christ and our understanding of the inherent rights that individuals and peoples have received from God,” and promises to share the document with its churches, governments within its boundaries, and the U.N.
It resolves to eliminate the doctrine within the church’s contemporary politics, programs and structures, and urges the U.S. government to do the same. It asks Queen Elizabeth to publicly repudiate the Doctrine of Discovery, and encourages all Episcopal churches to support indigenous peoples in their ongoing efforts for their inherent sovereignty and fundamental human rights as peoples to be respected.
Johnson v. M’Intosh, an 1823 U.S. Supreme Court case, held that because of the Doctrine of Discovery American Indians have a mere right of occupancy to their lands. The ruling is foundational to federal Indian law.
Dieffenbacher-Krall, the executive director of the Maine Indian Tribal State Commission and originator of the resolution movement, said the ultimate goal is to overturn Johnson v. M’Intosh, and dismantle Congress’ claim to plenary power over Indian nations.
“This is illegitimate, this is immoral, this is evil. U.S. law shouldn’t be based on this. I want to see an all out effort to overturn Johnson v. M’Intosh just as the NAACP legal defense fund and many civil rights activists worked strategically to overturn Plessy v. Ferguson,” he said, referring to the 1896 Supreme Court ruling that upheld a “separate but equal” decision by a lower court that allowed Louisiana to operate separate railroad cars for African-Americans. The high court decision provided cover for southern states to impose racist Jim Crow laws for more than five decades until segregation was tossed out in 1954 in Brown v. Board of Education.
A longtime social justice activist, Dieffenbacher-Krall said his growing awareness and understanding of the doctrine’s history made action irresistible.
“It’s not like I had a St. Paul on the road to Damascus moment, but sometime in the winter, spring or summer of 2006, I really became aware of the Doctrine of Discovery in connection to Congress’ claim of plenary power over American Indian nations.
“So where’s the social justice behind Congress saying, ‘We’ll just do whatever we want with the Maliseets or Navajo or Hopi because we’re the U.S. and you’re not?’ I felt that because I have an uncommon knowledge for a white person about some of this stuff that I might have a role to play working in my church to make people aware of this.”
Working with the Wabanaki tribes in Maine, reading Newcomb’s articles and later contacting him helped strengthen Dieffenbacher-Krall’s determination to act, and in October 2007, Maine’s Episcopal Church responded by passing a resolution calling on Queen Elizabeth and the Archbishop of Canterbury to rescind the 1496 charter given to John Cabot and his sons to go forth and claim possession of all the lands in the “New World” that weren’t already claimed by Spain and Portugal.
Dieffenbacher-Krall also worked with Chaffee, a professor of Chinese history at Binghamton University and member of the Episcopalian diocese in Central New York, to pass its own similar resolution in November 2008, and with Hamilton, a Maine social worker, who worked with Chaffee to shepherd the national church’s resolution through the process in Anaheim.
Chaffee crafted the resolution that was adopted at the general convention.
The resolution has “a substantial practical value,” Chaffee said, because it could potentially “provide important legal ammunition in terms of pending and future legal cases that might be brought by Native Americans. I’m very happy to be just a small part of that whole process.”
Hamilton was honored to be able to participate. In an e-mail update to her colleagues during the convention, she wrote, “My testimony rebutted the comment I have often heard about this issue, ‘What, are we trying to rewrite history?’ I said that to stand in any of the colonial churches of New England was a reminder that those churches stood on a history of the Doctrine of Discovery and genocide, thus there needed to be recognition of that both by the Episcopal Church and its colonial forbears in the Church of England.”
Tuesday, Aug 18 at 1:21 PM Sander Fredman wrote ...
Amen.
27916152Monday, Aug 10 at 1:53 PM Jay Taber wrote ...
It is important that churches take a lead on this moral issue. Meanwhile, tribal networks need to institute research and monitoring of anti-indigenous groups organized to derail implementing their human rights.
27549094Friday, Aug 7 at 11:03 AM Native American Justice wrote ...
Doctrine of Discovery signers and cohorts shall all rest in peace in "hell".........thats where they all went... Congress is also in the same resting place..for false religious treatment to us! Their actions did not go unnoticed.
27430789Thursday, Aug 6 at 9:03 AM Wamp1 Mashpee wrote ...
I agree with a little to late my tribe has no formal leadership but mark my words listen carefully we true Mashpee will stand and unite as we have done to fight for Federal recogniton that took 30 years we are true warriors men and women who believe things all should and will come to pass we stand united and tall proud of our blood and where we came from mother earth and we will have our own piece of earth to become a soverign nation very soon we will take back our leadership to once again be
27378774Wednesday, Aug 5 at 5:46 PM Katsistowan wrote ...
This is all good, though not sure if it proves anything to me. Our sovereignty has always been here, always will be. It doesn't matter how many times you think you need to write it down. It's kinda funny and unfortunate that a non-indian from within the episcipol institution was heard and not thousands of us indians from outside the walls screaming for social justice. I guess that's how important our non-indian allies are. Case and point. We need all the help we can get. Nyaweh DK!
27354676Monday, Aug 3 at 7:02 PM Porpoise wrote ...
We Wampanoags are still on the 'list to be exterminated' yet. The stupid law has never been taken out of effect. As a descendant of Massasoit living in Canada there is little chance of being turned in but it would be nice to see the law repealed non the less. As far as Christianity is concerned, now the Muslims are taking their lessons directly from them and plan to take the world by storm just as the Christians did. We had better ensure the survival of our 7th generation.
27251744Monday, Aug 3 at 12:28 PM Anonymous wrote ...
This doctrine has enabled Congress to behave in racist-like ways for far too long...As a Black man, I believe there should ba a concerted effort by the NAACP and other Civil Rights Advocates to also repudiate such a subordinating policy. It's outrageous that Native Peoples have to deal with the regulated disparities legislated by the US Government.
27233737Saturday, Aug 1 at 5:51 PM stephanie wrote ...
For what it's worth, this is a good thing. People have to remember that the Federal, State and local governments are still taking Indian lands in states like South Dakota illegally. The Yankton Rez is now just a checker board of some 4,000 acres. It used to be 400,000 acres. Congress needs to step in and stop the thievery before it's too late. Reservation land will cease to exist.
27174949Friday, Jul 31 at 6:40 PM heck it's a little too late for some wrote ...
my tribe lacks the leadership to anything to move the people forward, only pretenders playing hand games and pow wows. spending all the money to go to conferences with no results. gotta be somebody ..wih "I'm gonna..I'gonna " it won't happen until you gone ah...and stand up and tell some of the nitwits who face federal charges for selling the sacred bird!
27139756Friday, Jul 31 at 1:12 PM Jean Stenhouse wrote ...
I agree with John Hascall and the Cdn. off reserve no status female. I am an ojibway, saulteaux, off reserve Bill C31.half of my sibs are not recognised. My comment is " from where I live the church remains very much a settler church". Maybe in 100 years things may change.
27122382Thursday, Jul 30 at 7:59 PM trad wrote ...
we never ate an apple.. this is..or 'was' our 'Garden of Eden'.. we were not born, 'of sin'.. and they came, and cut and burned our corn, and land, and people..and look at what it is today.. and yet people still attempt, to 'convert' me.. to this understanding.. as if i need 'saved'..
27085557Thursday, Jul 30 at 6:41 PM oceanturtles wrote ...
Now maybe Indian Country Today will stop its front page Indian Country Lost map, which buys into,and reinforces,the reservation land system.
27082067Thursday, Jul 30 at 1:13 PM paul-will wrote ...
In a similar vein, on 19-20 July the Uniting Church in Australia debated and passed an amendment to the preamble of its Constitution that recognised the inherent spirituality of the indigenous people of Australia. http://assembly.uca.org.au/media-centre/51-news09/500-090730dreaming.html http://www.assembly2009.uca.org.au/articles/preamble/153-newpreamble The obvious is now being stated officially.
27062111Thursday, Jul 30 at 1:10 PM Guéganne wrote ...
As a Mi’kmaw woman in Canada, I am no better off than our brothers and sisters in the United States! I am recognized as a Native person by the Federal government, but not b y the Provincial government. I am what we call an off reserve, non status Native. This is a situation that is caused by a 2nd generation cut off created by the Government of Canada to again assimilate us into the White societies. I believe this time they have created the perfect system to accomplished what they couldn’t do i
27061807Thursday, Jul 30 at 7:44 AM reverend ralph john monteiro, o.s.a wrote ...
in the 1990's a group of priests in california who attended the annual tekakwitha conference formed the california american indian ministry council. we came from various dioceses throughout california and we had connections with the american catholic bishop's conference. we attemped to support each other and lay the ground work for an interfaith approach to the issues native americans face today. we attempted to address an apology at the time of the junipero sera controversy took place.
27041174Thursday, Jul 30 at 1:37 AM quinaultbob wrote ...
The Missions of CA were built with slave indian labor, when the catholic church decided to relocate an indian cemetary at the San Diego Mission to build a bingo hall they found tortured CA indians. The CA Indian commission had to negoiate with tribes and families who had 150 years of catholic upbringing. Under disvoory C had 150 years of catholic teaching and dogma...
27035497Wednesday, Jul 29 at 3:41 PM John Hascall wrote ...
Thank you. John S. Hascall Sassagagijweinini, White Crane Clan Anishinabe Peoples. Indigenous peoples have so much to worry about when it comes to us. Perhaps some day they will understand that we are human-beings and not just hollywood-museum people. They can make all kinds of "I'm sorry! but action speak louder than words. When they come to the reality of treating us in a real humane way that maybe.....
27012559Wednesday, Jul 29 at 2:26 PM Yewtree wrote ...
As long as they realise that an apology is only a start, this seems like a good first step.
27007932Wednesday, Jul 29 at 1:24 PM LAKOTA wrote ...
Now it's time for the Catholic church to take the same stance and repudiate the doctrine of discovery, the catholic church has a huge presence on the reservations and can make a meaningful and important gesture towards all native americans by doing this.
27003111Wednesday, Jul 29 at 5:02 AM van vandiver wrote ...
Why not file for damages from Andrew Jackson not following the Supreme Court's decision That Cherokee REMOVAL was illegal.
26975027Tuesday, Jul 28 at 10:01 PM Jane wrote ...
A lot of words have been written and a lot of resolutions have been made. Where's the clout to carry it out?
26966729Tuesday, Jul 28 at 6:30 PM gindoctor wrote ...
I was present at the Convention where this resolution was passed. The article is great but doesn't mention that the Rt. Rev. Mark MacDonald, National Indigenous Bishop of Canada and former Bishop of Alaska, was instrumental in reworking the resolution for the committee. The quote from the resolution in your story are his words. And,having said that, I wish to thank the originators of the resolutions. By the way, the Doctrine of Discovery and Terra Nullius have long been a passion of Bishop Mark.
26954759Tuesday, Jul 28 at 5:14 PM Kinew wrote ...
This is about controlling and defining the narrative. White guys posing as Natives hired by a Native online news source. Controlling and defining the narrative is what it is and Natives are'nt doing it as much as the self identified you know what. More native writers please.
26949404Tuesday, Jul 28 at 10:00 AM Native Christian wrote ...
Their words are carefully chosen: "repudiate" "renounce". Those are of their own choice. It is good for them -- for their reputation as inhumane and immoral. It is never to late to clean up our act and let our past be forgiven/forgotten. Only God (the sovereign one) can set us free.
26917471Tuesday, Jul 28 at 7:13 AM Michael Lane wrote ...
Worcester was CJ Marshall's repudiation of Johnson v McIntosh. Unfortunately, andrew jackson appointees ignored this and entrenched it under legal positivism. Although well meaning, these actions actually undermine tribal sovereignty. Indian nations were too strong overall for the revised discovery doctrine to ne applied legally until legal positivism took root as reflected in Kagama. Tribal sovereignty has always been an aspect of euro derived legal system as no choice.
26906252Monday, Jul 27 at 6:51 PM Verity wrote ...
This is something I would very much like to see being passed and to be honest is long over due. It may come as some surprise that I am a white European, but I am also a human being who cares passionately about the rights of others and especially the rights of indigenous peoples where whites have invaded and held unjust dominance over land and, people where they had no right to. Before I get on my soap box ;) I'll end my comment there.
26881299Monday, Jul 27 at 5:29 PM uninspired wrote ...
Overturning M'Intosh would have no impact on plenary power. "Occupancy" became "dependency"; M'Intosh became Kagama, first in theory, and then in fact. While facts may yet be changing, the theory certainly isn't and there's little evidence to suggest Congress would ever be in the business of giving up its authority, rightly claimed or not.
26877112Monday, Jul 27 at 5:22 PM Miz wrote ...
And kids... the plenary power and related legalese have been used to remove children. These laws have reached into the most intimate parts of our lives, yes land. Land and family.
26876734Monday, Jul 27 at 4:47 PM Yoda wrote ...
I'm converting today!
26874847Monday, Jul 27 at 2:40 PM Anonymous wrote ...
this is so great...NOW to just get the good ol' boyz and girlz in washington to pay attention...(several hundred years TOOOOOO late...)
26865771Monday, Jul 27 at 1:01 PM Common Sense NDN wrote ...
Just better be careful that you don't also overturn our sovereignty while overturning Johnson v. M'Intosh. Too many times, an unideal but working scenario gets scrapped when 'reformers' come in and start changing things. I present as evidence term limits, 'independent' legislative redistricting and other such 'reform' scenarios that have contributed mightily to the current state of ideological gridlock that grips both federal and state governing bodies.
26859027Monday, Jul 27 at 12:40 PM WalksNBeauty wrote ...
For our ancestors cries, for the future of seven generations after us! For the modern day warriors, let it be acknowledge that our voice has been made stronger!! Appreciation for all those who have taken western education as a tool for truth and justice! Much respect brother Newcombe!
26857577Monday, Jul 27 at 11:31 AM Robert Betancourt Indian Sailability wrote ...
That is fine. Why not let us start some community projects. The past is past and now is the time to act and seize the moment. Just like the board at DQ University is still waiting with no money. The broad brimmed hat is hoping you will wail in the past.
26852927Monday, Jul 27 at 10:45 AM corn for your thoughts wrote ...
lets say that whats written will become true? to start with an eagle feather for all those involved. what the foreigns call religion is actually superstition and should be treated as such: without force, without moral justice, a slave's perspective like in god we trust on dollar bills. Is there is a chance for unity among indigena in this sphere. very little. this involves superstition and who is anxious to get rid of such 'idol worship'? stay calm. this has a long way to go.
26849964Sunday, Jul 26 at 6:58 PM Wise One wrote ...
Besides writing books and creating income from those, Mr Newcombe has finally accomplished something of importance - reconsideration by the Episcopal Church of Native American history. He has a lot of work to do, in convincing the other religious institution to do the same. Once accomplished, the others including the Spanish, English, Irish, etc., the list is very long after 500 years, could do the same - but in the end what would it accomplish?
26823392Sunday, Jul 26 at 2:37 PM Kinew wrote ...
Shawnee/Lenape ? Is Mr. Newcombe a tribal member or is he self identified. Great story 500 years too late of course. Is the episcopal church ready to dole out the millions they have recieved from the U.S. Govt. to indoctrinate native people in their churches and schools over the years in the name of said Doctrine of Discovery. I hope so and can't wait for that proclamation to come out soon.
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