Fenton Lum
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- May 7, 2016
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- #161
There was no law at that time. But the website I linked to uses current International law to explain how the settlers were in their rights to claim their property in America.
At this point the following questions might be asked: What about the Indians? Weren't they here first? Didn't we (the white race) take this land away from the Indian? Doesn't the Indian have the rightful title to America?
Since we are dealing with a conflict between two nations or races, the white race and the Indian race, we need to turn to the Law of Nations or International Law for the solution. The following are some basic maxims of the International Law:
FIRST: That every nation possesses an exclusive sovereignty and jurisdiction in its own territory.
SECOND: That no state or nation can by its law directly affect or bind property that lies outside of its own territory, or persons not resident therein.
THIRD: That whatever force the laws of one country have in another depends solely on the municipal laws of the latter.
The first principle listed here would seem to suggest that all of America was the possession of the Indians prior to the age of discovery by the white race.
However, the Indians never laid claim to all of the "territory" of America because they had no understanding of its size and boundaries.
The Indian only claimed the land he was inhabiting and that which he used for hunting, burial, etc. At the time of discovery (circa 1500 A.D.), the American Indian numbered about 700,000 inhabitants, sparsely scattered over what is now America.
Thus the Indians never had a legal claim to much more than 3% of the land at any one time. So it can be said that the Indians did have a legal claim to America, 3% of it, which was considered their "own territory."
In light of this, it cannot be said that the white race violated the second principle of International Law either, since 97% of America was not legally the "property" of anyone.
When America was claimed by the English, French, and Spanish, they claimed the entire breadth and width of the land, from sea to sea, from one boundary to the next. However, the lands that the Indians occupied within these European claims were still Indian land.
It must also be addressed as to whether the white man encroached upon and took possession of lands that were legally claimed by the Indian. T
he third maxim of International Law says we have to look at the Indian's law, and that whatever measures or acts the white man took in regards to Indian land must be pursuant to Indian law. The following are some of the laws that were generally held by the Indians:
1. It was a law common among Indians that the stronger of two tribes or people (nations) has the right to conquer and subdue the weaker.
2. Under Indian common law it was understood that land claims existed by inhabiting the land and by any use of the land.
3. When any land was unoccupied or not used for one year, the land was free for anyone to claim and settle.
This first law of the Indian could actually render all other arguments of land rights academic. This law was almost a way of life with the Indian, which is why they were always warring among themselves. The wars and conflicts between the white race and the Indian race throughout history were numerous, and the fact that the white race was the stronger cannot be doubted."
Did the White Man Steal North America from the Indians?
you make important points, DANCER----in reference to INDIAN objection to WHITE MAN INCURSION----you cite WHITE MANS' Laws. As to being ATTACKED-----which-you obviously cite as justification for---just about ANYTHING------The native American AT THAT TIME were tribal of the RAIDING TYPE OF PEOPLE-----they raided other "nations" ---kinda like the VIKINGS----it was THEIR LAW
Agreed. When these arguments are made, we mean "our" law, because the savages don't count. Of course now, everyone who comes later must "assimilate".
yes----our law----here in the USA which is run by the children of the Inquistion and "HOLY ROMAN EMPIRE" ----The laws and customs of the HOLY ROMAN EMPIRE---and the INQUISITION----were---interestingly enough---
INCORPORATED INTO SHARIAH. Thus now we are interfacing with something like the interface of the Natïve americans and the EXPLORERS----two imperialistic "cultures"
Sorry, don't buy it, euros and natives had completely different perceptual realities of the universe and their places in it. I will agree that the Catholic Church was the first global corporation.
different with some commonalities
I don't think the commonalities destroyed anyone and the euros certainly saw no commonalities, otherwise extermination might have been a bit more difficult to swallow, them being good christians and all.