Why is American Native American policy so intertwined with the Catholic Church Dogma of the Doctrine of Discovery? Why is the Doctrine of Discovery being used by the Supreme Court for its basis for interpretation of law and not the U.S.Constitution? Why use the Doctrine of Discovery and not British Common Law? What are the implications of using the Doctrine of Discovery today? What legal doctrine should be held concerning the indigenous title holders to all of the lands on the North American continent?
As a historian and theologian, I want to approach one of the most controversial topics I have had the opportunity to discuss in some time: The Doctrine of Discovery, the Doctrine of Conquest, Racism, and The Chickamauga Nation. What can I say? I am a glutton for punishment. Since 1986, I have been a student and teacher of early American History and Constitutional History. I spent dozens of hours preparing lesson plans for teaching segments which would last no more than 45 minutes, but knowing the topic in such great detail I never needed notes. I also come at this topic as an extremely conservative, Reformed Theologian of the Southern Baptist Tradition since my conversion to Christianity in 1983. I hold two Master of Arts degrees, the first is a MA in Religious Education (1993) from the largest seminary in the world, Southwestern Baptist Theological Seminary. The second MA is in Teaching (2010) from Arkansas Tech University.
I spent dozens of hours in preparation from the original language and textual history so I would know what the original writer meant, what the original hearer would have understood, and how the history of the time shaped and interpreted the message. I am what is generally called a textual analyst with textual originalist interpretational methods. One of my theological professors calls that the historical, grammatical method of interpretation. I do not shy away from being a textual originalist because that is how you understand the root of the original, not how it is interpreted today.
How can you understand the meaning of something that was written or spoken without trying to ascertain meaning of what was written or said by the original writer or speaker? We must determine to the best of our knowledge what the original reader or hearer would have understood in their own historical, social, or cultural context, not how we want to interpret it for today. Interpreting history by the standards and norms of today or interpreting the original language to fit whatever a person wants is what literature professors and psychology professors do, not true scientists of the text. True scientists of the text do not try to give a modern interpretation of a text in which they do not understand what the original writer or speaker meant and what the original readers or hearers understood.
When discussing the Doctrine of Discovery, the first question that must be asked is, “Are Indians (Native Americans) human beings?” The second question which must be asked is, “If Indians (Native Americans) are human beings, do they have the right to worship the God that they so choose?” The third question that must be asked is, “If Indians (Native Americans) are humans, do they have the inalienable right to own their own property?”
What do the Doctrines of Discovery and Conquest have to do with whether or not Indians (Native Americans) are human beings? It all goes back to the year 1452 with Pope Nicholas V. His Papal Bull Dum Diversis on June 18th authorizes Alfonso V, King of Portugal to place all Saracens (Muslims) and Pagans (non-Christians) into perpetual slavery thus launching the Portuguese slave trade with West Africa.
On January 5, 1455 Pope Nicholas V writes the Papal Bull Romanus Pontifex which gives all Catholic Nations of Europe dominion and control over all discovered lands and allowed for the enslavement of all native, non-Christians in Africa and the New World. “We weighing all and singular the premises with due meditation, and noting that since we had formerly by other letters of ours granted among other things free and ample faculty to the aforesaid King Alfonso – to invade, search out, capture, vanquish, and subdue all Saracens and pagans whatsoever, and other enemies of Christ wheresoever placed, and the kingdoms, dukedoms, principalities, dominions, possessions, and all movable and immovable goods whatsoever held and possessed by them and to reduce their persons to perpetual slavery, and to apply and appropriate to himself and his successors the kingdoms, dukedoms, counties, principalities, dominions, possessions, and goods, and to convert them to his and their use and profit – by having secured the said faculty, the said King Alfonso, or, by his authority, the aforesaid infante, justly and lawfully has acquired and possessed, and doth possess, these islands, lands, harbors, and seas, and they do of right belong and pertain to the said King Alfonso and his successors”.
COMMENTARY: After deep prayers and meditation, Pope Nicholas V concludes that non-white (Saracens are dark-skinned Muslims) and non-Christians (pagans) are no better than chattel (animals), they are unworthy of humanhood. Additionally, all of their possessions whether movable or immovable are to be taken from them and they are to be put into perpetual (forever) slavery and the possessions are to become the possession of the king and his successors.
The final Papal Bull fortifying the Doctrine of Discovery was issued in 1493 by Pope Alexander the 6th. It states, “one Christian nation did not have the right to establish dominion over lands previously dominated by another Christian nation.”
Heresy
From June of 1452 to May 1537, the Vicar of Christ (Pope) made it the law and Dogma of the Catholic Church and thus the laws of Europe that all non-white, non-Christians were not human beings and being incapable of freewill, incapable of worshiping their God as they saw fit, and incapable of owning their lands and property because it all belongs to the Kings of a few white, Christian, European nations and ultimately the Catholic Church. How offensive this must be to the God who created those whose skin is not lily white and who worship a God other than the God on a Cross, and whose lands and possessions were taken from them by people claiming to be Christians.
Popes with white skin, issues Bulls to European Countries whose kings had white skin implementing the Doctrine of Discovery. All lands which are inhabited by non-Whites and non-Christians become the possession of White Christian countries (European)and the inhabitants have no rights to their humanity, to worship their god or to own lands or wealth. First, it grants White, European Christians absolute authority and dominion over all humans who are not white, European, and Christian. Second, it grants White, European, Christians the right to kill, steal, enslave, rape, and plunder in the name of the God on a cross. Third, it violates the inalienable rights of all men (of all colors) to worship their God, to live as they determine is best for themselves, to have liberty in their personal life, and to the pursuit of property (economic gain of their work) as they see fit.
Biblically, morally, and ethically the Doctrine of Discovery is heresy against the God of Creation and the beginning of white, European, Christian supremacy around the world. The God of Creation, who spoke the world into existence, out of love, through the Word (Logos), has to watch this unspeakable crime against His creation being committed in His name and the name of His Son, Jesus. A White, Christian, Vicar of Christ (claiming to be a follower of the Logos) creates dogma establishing the laws of the Church, thus all of Europe, that non-whites and pagans are not human beings created in His image and are, like the lesser created things, under the dominion of white Christians. How can it be any more vile to God to have to view these atrocities and have the white Christians claim they are doing it in the name of the Son of God? This is nothing less than blasphemy.
Change of Heart?
Then, on May 29, 1537, Pope Paul III wrote Sublimus Deus Sic Dilexit which repudiated the Doctrine of Discovery because it was an abomination to the God of Creation.
The sublime God so loved the human race that He created man in such wise that he might participate, not only in the good that other creatures enjoy, but endowed him with capacity to attain to the inaccessible and invisible Supreme Good and behold it face to face; and since man, according to the testimony of the sacred scriptures, has been created to enjoy eternal life and happiness, which none may obtain save through faith in our Lord Jesus Christ, it is necessary that he should possess the nature and faculties enabling him to receive that faith; and that whoever is thus endowed should be capable of receiving that same faith. Nor is it credible that any one should possess so little understanding as to desire the faith and yet be destitute of the most necessary faculty to enable him to receive it. Hence Christ, who is the Truth itself, that has never failed and can never fail, said to the preachers of the faith whom He chose for that office ‘Go ye and teach all nations.’ He said all, without exception, for all are capable of receiving the doctrines of the faith.
COMMENTARY: God created man in His own image, blessing mankind with the capacity to know and see the very face of the God who Created. Every man has been blessed with an eternal soul capable of receiving happiness through Jesus Christ. Man has been blessed with the faculties and capacity to receive eternal life through faith.
The enemy of the human race, who opposes all good deeds in order to bring men to destruction, beholding and envying this, invented a means never before heard of, by which he might hinder the preaching of God’s word of Salvation to the people: he inspired his satellites who, to please him, have not hesitated to publish abroad that the Indians of the West and the South, and other people of whom We have recent knowledge should be treated as dumb brutes created for our service, pretending that they are incapable of receiving the Catholic Faith.
COMMENTARY: The enemy of man is opposed to man and brings destruction and envy inventing ways to keep man from hearing the preaching of the good news of God for salvation. The enemy has also inspired others to say that the Indians are dumb brutes incapable of receiving the Catholic Faith.
We, who, though unworthy, exercise on earth the power of our Lord and seek with all our might to bring those sheep of His flock who are outside into the fold committed to our charge, consider, however, that the Indians are truly men and that they are not only capable of understanding the Catholic Faith but, according to our information, they desire exceedingly to receive it. Desiring to provide ample remedy for these evils, We define and declare by these Our letters, or by any translation thereof signed by any notary public and sealed with the seal of any ecclesiastical dignitary, to which the same credit shall be given as to the originals, that, notwithstanding whatever may have been or may be said to the contrary, the said Indians and all other people who may later be discovered by Christians, are by no means to be deprived of their liberty or the possession of their property, even though they be outside the faith of Jesus Christ; and that they may and should, freely and legitimately, enjoy their liberty and the possession of their property; nor should they be in any way enslaved; should the contrary happen, it shall be null and have no effect.
COMMENTARY: Paul III proclaims that Indians are truly men capable of understanding the Catholic faith. Further, Indians and all other people who may be discovered shall not be deprived of their liberty or possession of their property even though they are outside of faith in Christ. They should freely enjoy their liberty and possession of their property and never in any way be enslaved and if it were to happen it should be considered null and void and have no effect.
By virtue of Our apostolic authority We define and declare by these present letters, or by any translation thereof signed by any notary public and sealed with the seal of any ecclesiastical dignitary, which shall thus command the same obedience as the originals, that the said Indians and other peoples should be converted to the faith of Jesus Christ by preaching the word of God and by the example of good and holy living.
The Sad Truth
Ultimately, the Catholic Church and the European kings refused to acknowledge Pope Paul III’s Sublimus Deus Sic Dilexit and retained the Doctrine of Discovery as the Law of the Church and the Law of Europe. Eventually becoming the Laws of the United States and enabling it to be the established law of the land by the Supreme Court which is enshrined by the protection of stare decisis (deciding court cases of law based on previous court cases, not the constitution).