week 1 notes - Deloria 1975 chapter 5 The doctrine of...

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Deloria, 1975 chapter 5 - The doctrine of discovery, meant that the discoverer of unoccupied land in the rest of the world gained a tight to the land titles as against the claims of other European nations - “aboriginal title” is a legal concept, describes the nature of ownership of land held by the Indians within the legal framework of the Anglo- American judicial system - Europeans where called “weeds of mankind” o Refining a vast and efficient military (especially naval) technology - Pope alexander VI was Spanish and considerate enough to issue a series of papal bulls which benefited the Spanish rulers - Treaty of Tordesillas prevented a potential clash of interests and a potential clash of armies - White Europeans were to have the indian lands because the Indians were infidels rather than Christians - Vattel theory – each nation took that portion of lands which is way of life required and inevitable development of sedentary civilization’s economic system meant that lands which had been devoted to hunting and grazing had to be turned to agricultural use. - English in exploiting the New World was combination of several factors o Lack of immediate riches in the land o Constant outlet for aggression in politic at home o Basic misjudgment of lands potential - Europe’s interest in the New World - Local products were easily extractable - Forced labor ( slavery) - Transplantation of Europe to America - Both groups “occupied” the lands to which they claimed title, various reasons were advanced to justify the “higher” use of the colonist as opposed to the “lesser” use of the Indians. (Johnson v. Mcintosh) - Most obvious justification for reducing the status of Indian occupancy right was Sepulveda’s argument which was resurrected to remove Indians from the class of people that laws apply to. o Military superiority o Proper psychological attitude - Not only justification but also needed the approval from god o Scriptures for guidance - Indians were receiving the great benefits of Western civilization -> Europeans created such military and economic power Deloria, “Promises Made, Promises Broken” (1-18) - A lot of tribes believed that land belonged to the community, not individuals, and they didn’t understand the European concept of “purchase”
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o Tribal leaders believed that they had given the Europeans permission to use the land o Europeans believed that they had received exclusive ownership - Treaties ere negotiated between the large Indian Nations and the colonies whose settlements ordered their frontiers - Most of the six nations and Ohio tribes favored the English while the Onedia and Delaware supported the Americas - The treaties were primarily pacts of friendship but following the War of 1812 their main purpose was to acquire land - Ceremony commissioners of the United States would formally meet tribal leaders at some convenient location where, after considerable discussion, the parties would sign a solemn document detailing compensations and gurantees o
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