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Did the native Americans have a legal right to own land prior to the treaty of Echota?
Wiki User
∙ 12y ago
This question was first answered by Francisco Victoria in 1532 "Of Indians and Lawful War (De Indis De Jure Beli). The simple answer is that Yes, they (native Americans) owned all lands in North America at the time of that treaty as well as all others. By international law they still own all those lands because the United States has violated the terms of the treaties and the treaty of Montevideo.
The long answer is: Four main legal issues were presented in this dissertation:
- Discovery
- Divine Provenience of King or God
- Treaties
- Lawful War
Discovery, was absurd as discovery implies that land was found upon which no one lived or no one claimed prior to discovery. Because the natives were in place at the time they were discovered, no discovery occurred except by those natives.
Divine Provenience, taken in two sections:
A) Since the natives did not know of any kings or their countries they could not therefore be a subject of said country, and;
B) Since they also knew nothing of the Pope's divinity, or the god upon which it was claimed, they therefore were also not subject to the church, and so;
No claim can be made upon the natives that they or their lands were subject to king or god absent their knowing, intentional, and willing subjection to such.
Lawful War occurs only in the rarest of circumstance where the whole of the people have violated the international rules of traders (merchants) upon those lands, subject to the provisions that such merchants complied with the law of the lands upon which they traveled. Without these conditions no action exists for a lawful war with the exception of the natives in conflict with the Spanish. Those natives that adhere to capture and execution of other natives for religious reasons violate the law of man.
Treaty, absent the willing subjection of the natives, the lands which they own and govern may only be taken by a just and willing treaty between the parties.
Please note the language used herein is translated and modernized.
Wiki User
∙ 12y ago
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∙ 10y agoyes
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What was the legal system set up by the Spanish to define the status of native Americans?
Food
Where did the broken Indian treaties come from?
Native Americans did not know of a 'treaty' and had never heard of it before Europeans showed up and wanted their lands. By international law the only way to take the lands were through treaty, so they began signing them with the Native Americans. They then quickly broke them.As an example:The first act of the newly formed United States Government was to sign a treaty with Native American's, accepting the terms and conditions of all previous treaties signed with the original European governments (a blanket treaty that gave the USA legal rights to the lands): Treaty of Fort Pitt (September 17th 1778). The United States then broke that treaty within 2 weeks by disallowing the promised representative from taking a hand in government (as promised) then shooting them: Within one year of the treaty the United States had killed the two treaty signers, who were also complaining that the United States had violated their written word.To compound this, the United States passed a law "The Indian Reorganization and Recognition act" (1934) that intentionally broke (violated) every treaty signed with Native Americans and prevented any othersSo, I guess you can say that Broken Treaties come from a knowingly, intentional disregard for the consequences of action by the United States.
What are the requirements to become a president?
You must be a native born american (parents must be legal americans as well), must be 35 years of age, and must have lived in the U.S. for 14 years.
What was the relationship between Spanish settlers and Native Americans under the encomienda system?
The Encomienda was a legal system used by the Spaniards during Spanish colonization of the Americas. Whatever the system's mechanics, it only really let Spain keep taking more and more land from the Native Americans.
What did Britain and the United States agree to in Jay's Treaty?
Britain and the US agreed with the Jay's Treaty because of the other foreign powers taking side with the Americans. If they declined they would be strongly hated throughout Europe, also the Americans withe the help of Comte de Rochambeau surrounded and seized most of the British force in the seige of Yorktown.
Why are Americans accepting to legal immigrants?
This is a country of immigrants except for Native Americans. Our Constitution established that all are welcome.
What was the legal system set up by the Spanish to define the status of native Americans?
Food
Where did the broken Indian treaties come from?
Native Americans did not know of a 'treaty' and had never heard of it before Europeans showed up and wanted their lands. By international law the only way to take the lands were through treaty, so they began signing them with the Native Americans. They then quickly broke them.As an example:The first act of the newly formed United States Government was to sign a treaty with Native American's, accepting the terms and conditions of all previous treaties signed with the original European governments (a blanket treaty that gave the USA legal rights to the lands): Treaty of Fort Pitt (September 17th 1778). The United States then broke that treaty within 2 weeks by disallowing the promised representative from taking a hand in government (as promised) then shooting them: Within one year of the treaty the United States had killed the two treaty signers, who were also complaining that the United States had violated their written word.To compound this, the United States passed a law "The Indian Reorganization and Recognition act" (1934) that intentionally broke (violated) every treaty signed with Native Americans and prevented any othersSo, I guess you can say that Broken Treaties come from a knowingly, intentional disregard for the consequences of action by the United States.
Can immigrants vote in the US?
Well, I'm Native and I vote. So yes. Native Americans have the right to vote in the United States but it is up to them whether they register and go vote.
What land did the native Americans claim?
Native Americans righfully claimed all lands in the America's (today known as North America, Central America and South America). This was confirmed by the courts of Europe in 1532 (that they had a legal and rightful claim to the lands as its owner and custodians).
How did tribal ideas about owning property impact their early interaction with white settlers?
The Native Americans believed that no one could own the land it was like a comune when the whites thought that they were buying the land the Native Americans thought they just wanted to borrow the land. Well the whites setteled in and the Native Americans were not happy. When they tried to kick the whites out the whites asked the government for help showing legal binding documents the Native Americans did not understand because of such a different culture and violence erupted.
How could have American History turned out differently in regards to the American Indians?
Native American history is colored with hundreds of small victories that have staved off the oppression of the US government. This has been achieved by treaty and legal wrangling. This has been achieved by war, usually through the unification of several different Native American nations. In some rare cases, a single nation was able to push back US settlers or soldiers for a time. In most cases, the government would wait a generation and then ignore the treaty, divide the alliances, or attack and subjugate these nations after the war veterans have reached old age. After that was massacre or relocation to reservations. If the Native Americans had joined together in force, they might have maintained their land and sovereignty. If the Native Americans had persuaded the other nations of world to accept them as sovereign nations, they might have been able to use that influence to defend their claims. Manifest destiny was won with treaty and bloodshed, usually in combination. If the Native Americans wanted to maintain their way of life, each nation should never had traded or dealt with European invaders.
What rights do native Americans have in Massachusetts in regards to access to hunting and fishing?
The answer can be found in the in this court case. http://www.umass.edu/legal/derrico/wampanoag/sjc.html
What lands did the Americans claimed?
Native Americans righfully claimed all lands in the America's (today known as North America, Central America and South America). This was confirmed by the courts of Europe in 1532 (that they had a legal and rightful claim to the lands as its owner and custodians).
What did the American government do with the Native American populations after the army conquered them?
The Native Americans tried to defend their territory, but were not strong enough to protect themselves and their homes. They were either killed during the Indian Wars or moved to Indian Reservations. Even today many Native Americans still live on these Indian Reservations. The movement West displaced many Native Americans from their native homes. They were moved to Reservations that were often a long way from their native land. Not long after Congress herded the Native Americans onto Reservations, Congress enacted The Dawes Severalty Act (February 8, 1887) that deprived them of their legal status.
This means to approve of a legal document in particular a treaty?
Ratify
Was it legal for Hitler and the Nazis to rearm Germany?
It violated the Treaty of Versailles. Arguments could be made that it was legal or illegal, with the former being that Germany was still a sovereign state in spite of the treaty.
