The Doctrine of Discovery

the_doctrine_of_discovery
Turtle Island, Great Law of Peace, Council Fire

On February 28, 1823, the United States of America, Supreme Court made a legal decision that created  a legal doctrine called the doctrine of discovery.  A legal doctrine is created by legal precedent or established practice.  No legal precedent existed in law giving Turtle Island land to foreign monarchs prior to the creation of the doctrine of discovery.

A state must act in compliance of the norm by legal obligation and not by convenience or political expediency.  Political expediency is the act of doing what is convenient or advantageous rather than what is morally right or justifiable.  It is the use of tactics and strategies to achieve a political goal, regardless of whether ethical or legal.

Were the existing treaty and legal rights of the sovereign Tribes of Turtle Island of the Great Law of Peace Council, considered in the creation of the doctrine of discovery legal principle of the United States of America Supreme Court in Johnson and Graham’s Lessee v. William McIntosh?

Civil Action

in 1823, Joshua Johnson and Thomas Graham brought a civil action, against William McIntosh in the United States District Court of Illinois claiming their lease was superior to William McIntosh’s lease of the Piankeshaw Tribes’ land.  Josuha Johnson and Thomas Graham claimed their ancestor, Thomas Johnson, purchased a lease from the Piankeshaw Tribe of Turtle Island in 1773 and on October 18, 1775.

William McIntosh claimed he was awarded a land patent of Thomas Johnson’s lease from the United States of America colonial government in 1805.  What legal instrument was used by the United States of America to purchase the land from the Piankeshaw Tribe before 1805?  Did the United States of America purchase the land from the Piankeshaw Tribe?

How did William McIntosh receive a land patent from the colonial United States of America government for the land if the “the land in question” was not part of the United States of America government in 1805?  The Illinois colony became a State of the United States of America on December 3, 1818.

The Federal Illinois District Court dismissed the case on the grounds “Indians could not convey an interest in land” which resulted in an appeal to the United States of America Supreme Court.

Supreme Court Decision

The Supreme Court heard the case from February 15 to 19, 1823.  The court ruled Johnson’s lessees could not eject McIntosh because their title, derived from private purchases from Indians, could not be valid.

Claiming “Indians” were not able to convey the land based on a “discovery doctrine” because a European power gains radical title (sovereignty) to the land it discovers through customary law created by an international legal principle (terra nullis), two Catholic papal bulls and a royal proclamation by a King of a foreign monarchy.

A legal principle is a fundamental truth or a proposition that serves as the foundation for a system, a belief, and a pattern of reasoning.  A legal doctrine is a principle of the law established through the application of legal precedents.  It is often based on common law.  Church doctrine is policy that only governs baptized members of a religion.

Common law originated in the courts of British monarchs about 1066 A.D. Common laws are based on court tribunal decisions, which govern future decisions on similar cases.  A legal precedent is an earlier event, action or decision that is used as a guide or example to be considered in a legal decision.

Customary law is something which has been “practiced since time immemorial” by reference to a “particular locality” that may “acquire the legal status of a custom.”  In international law customary law refers to the Law of Nations or the legal norms that have developed through the customary exchanges between states over time whether based on diplomacy or aggression.

No government foreign to Turtle Island can meet the requirements of customary law for Turtle Island because they are unable to present a custom practiced since “time immemorial” in reference to Turtle Island land. Only the Tribes of Turtle Island have a “time immemorial” relationship to Turtle Island.

The sovereign tribes of Turtle Island, of the Great Law of Peace Council were sovereign prior to the creation of the Law of Nations.  The customary exchanges that occurred between foreign monarchs and the tribes of Turtle Island was foreigners made known, joined the council and accepted the codified constitution of the Great Law of Peace.

Terra Nullis

Terra Nullius “nobody’s land” is a legal principle in international law to describe a geographical area not occupied by humans.  A land occupied by no humans that another group of humans can claim.  It stands on its own and is not married to Catholic religious doctrine or proclamations made by foreign Kings over their subjects, living in trading colonies in Turtle Island.

Foreign records document resource explorers meeting different tribes thousands of miles apart in Southern Turtle Island and Northeast Turtle Island. Foreign records do not document foreigners discovering a vast unoccupied land.

There is no usual custom or record of European resource explorers discovering other lands that was “nobody’s land” with out its own civilization and established customs prior to the creation of the doctrine of discovery legal principle in 1823.  Africa, India, the Middle East, and Asia were not discovered and settled by Europeans, and neither was Turtle Island.

Chief Justice’s opinion of whom fulfilled the international legal principle should not outweigh the legal principle itself.

Catholic Papal Bulls

A papal bull is an edict, a legal document that is a public decree, letters patent or a charter issued by the Holy See, Spiritual Head of the worldwide Catholic Church to baptized Catholics and baptized Catholic Monarchs.  No law exists that gives the Holy See or the Pope authority to make letters patent over any peoples that are not a subject of a papal state, a member of the Catholic Church or a government with an international concordat.

The relationship between the Holy See, and the world-wide Catholic Church with the British Monarchy ended November of 1534, when King Henry VIII, King of England’s, parliament passed legislation creating an act that the King was the Head of the Church of England thereby severing the Holy See, Pope Clement VII, the Catholic Church, and all papal bulls and church doctrine.  The monarchy was no longer a Catholic monarchy according to cannon law.

On December 17, 1538, the Holy See, Pope Paul III, excommunicated, King Henry VIII, King of England, Lord of Ireland, from the Catholic Church.  King Henry VIII annulled his marriage to Catherine of Aragon of the House of Trastamara, severing his kinship relationship by marriage to the House of Trastamara, and ending any sovereign relationship to Catholic doctrine and papal bulls as a Catholic Monarch by marriage.

A concordat is an international agreement made between the Holy See and a sovereign leader of a geographical area regarding the role of the Catholic religion in a foreign government.  No concordat exists between the Holy See and the British Monarchy and no concordat exists between the Holy See and the United States of America government.

The United States of America adopted the first amendment December 15, 1791, as one of the ten amendments that constitute the United States of America, Bill of Rights.  The first amendment prohibits any laws that sets up legal rights for a national religion.  How can the United States of America Supreme Court include religious doctrine to create legal doctrine in the face of first amendment rights?

On June 24, 1610, Kji’saqmaw Anli Maopeltoof of the Sante Mawiomi, Mi’kmaq Tribe, of the Great Law of Peace Council made an international Wampum Belt Treaty and an international Concordat of Peace and Friendship with the Holy See, Pope Paul V, and the world-wide Catholic Church.  Legitimizing the sovereignty of every member tribe of the Great Law of Peace in Turtle Island and making the Catholic religion the official religion of the territory of the Great Law of Peace Council in Turtle Island in 1610.

Royal Proclamation

The decision of the United States of America Supreme Court also cites the October 7, 1763, King George III, Royal Proclamation.  A royal proclamation, either calls upon the subject to fulfill some duty which they are by law bound to perform, or to abstain from any acts or conduct already prohibited by law of the Monarchy over its subjects because of the monarch’s royal prerogative.

The customary authority, privilege and immunity attached to a monarch’s sovereign royal prerogative belongs solely to the monarch.

The Royal Proclamation has no legislative authority over the tribes of Turtle Island.  The Tribes of Turtle Island, members of the Great Law of Peace, Turtle Island are not subjects of the King, as was the usual custom of the Tribes of Turtle Island since 1133 A.D.

The proclamation outlawed the private purchase of land by British subjects and British officials from the “several Nations or Tribes of Indians with whom we are connected” without the approval of the British King and Parliament.

Thomas Johnson was a lawyer and a British official for King George III, Great Britain, and Ireland.  As a British subject and official of the King he was legally obligated to the Royal Proclamation.  Did he obtain the required permission?

Was a copy of the approval required by Johnston to purchase the land under King George’s Royal Proclamation requested, by the District Court of Illinois or the Supreme Court of the United States of America, from King George IV, and the British Parliament in 1823?

How was it determined and confirmed by both courts that Johnson did not have a legal purchase under the King George Royal Proclamation from the Piankeshaw Tribe?

The Piankeshaw Tribe, is a clan tribe of the Myaamiaki (Miami) Tribe.  The Turtle Island territory of the Myaamiaki Tribe is north central Indiana, southwest Michigan, and western Ohio.  The territory of the Piankeshaw Tribe included western Indiana and Illinois.  The Piankeshaw and Myaamiaki Tribes are members of the Great Law of Peace Council.

Justice Marshal further added that when the United States of America claimed independence from King George III, and the British Parliament that they had inherited the right of pre-emption over the land in Turtle Island.  Pre-emption is a contractual right to acquire certain property before it can be offer to any other person or entity.  It is also known as a right of first preference.

No contractual right to acquire certain property was inherited from King George III and the British Parliament.  The right of separation was a result of a revolutionary war and the formation of a new colonial government and not as a transfer or extension of sovereignty from Britain to the United States of America.

Radical Title and The Great Law of Peace Council

Justice Marshall’s claim that a European power gains radical title (sovereignty) to the land it discovers and has the exclusive right to extinguish the right of radical title (sovereignty) of the people of Turtle Island ancestry.

Justice Marshall and the Supreme Court did not consider the existing international treaties between the United States of America and the Great Law of Peace Council.  The Great Law of Peace was the rule of law of Turtle Island for three hundred and fifty-nine years before contact with resource explorers in 1492.

The Great Law of Peace constitution was codified when the principles of government were deliberately decided and confirmed by the Tadadaho Wampum Belt and the Hiawatha Belt.

The Great Law of Peace Council governed Turtle Island through a central government, the Circle Wampum Belt, representing the 50 Chiefs of the Haudenosaunee, the seat of government (the parliament) of the Great Law of Peace Council.  The Dust Fan Belt produced the second constitutional responsibility of the Great Law of Peace Council and its members to provide for the seventh generation.

The Great Law of Peace Council governed through a consensus democratic system of governance that required other groups, within and outside Turtle Island to be recognized by the Great Law of Peace Council by making known.

Foreign monarchs and governments made their self known and joined the Great Law of Peace Council, they accepted the codified constitution of the Great Law of Peace prior to the creation of colonial governments in Turtle Island.

On May 27, 1603, Francois Grave du Pont, and Samuel de Champlain representative of King Henry IV, France, were the first to make known to the Great Law of Peace Council at a tabagie (council fire) in Turtle Island.  The weapons of war were buried below the great tree of peace for 470 years at the time of the tabagie with the foreigners.

On June 24, 1610, Kji’saqmaw Anli Maopeltoof of the Sante Mawiomi, Mi’kmaq Tribe, and the Great Law of Peace Council made an international Wampum Belt Treaty and an international Concordat of Peace and Friendship with the Holy See, Pope Paul V, and the world-wide Catholic Church.

More foreign monarchs joined the Great Law of Peace Council.  Holland joined in 1613.  King Louis XIV, France joined in 1701.  King George III, Britian, and Ireland joined in 1764,

The new colonial government of thirteen states, declared their independence from Britain on July 4, 1776.  On July 19, 1776, they made the Treaty of Watertown, with the Great Law of Peace Council, Turtle Island.

The United States of America joined the Great Law of Peace Council and accepted the Constitution of the Great Binding Law of Peace before the United States Constitution came into force on March 4, 1789, in Turtle Island.

November 11, 1794, Canandaigua Wampum Belt treaty with President George Washington, and the United States of America.

1794 Jays Treaty Border Crossing Wampum Belt confirmed the new colonial government of the United States of America did not inherit Turtle Island sovereignty or absolute title to Turtle Island.  No Turtle Island tribes, tribal territories, or Turtle Island land and borders are described in the Jays Treaty.