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surface of Christendom with its theological papal- franchise 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
5City of Sherrill v. Oneida Indian Nation, 544 U.S. 197 (2005)
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
I.T.N.J