The New World
Now venture to almost a century later to May of 1609, when James I., King of England, issued a patent establishing Robert, Earl of Salisbury "The Treasurer and Company of Adventurers and Planters of the City of London, for the first Colony in Virginia." This is where British Common Law should have taken over, but it did not. Even the British Empire succumbed to the heretical philosophy of the Doctrine of Discovery and displaced the indigenous landholders, taking their lands and subjugating them to second or even third-class status, just above slaves.
The New World was “discovered” by the Spanish, French, and English. But who discovered what and where?
Spain was the most prolific in discovering Mexico and Florida. They discovered Central America and they discovered the Southwest of North America. They discovered all of central American to the displeasure of the native inhabitants. They also discovered today’s Texas, New Mexico, Colorado, Arizona, California, Oregon, Nevada, and Utah while laying claim to the central part of the continent as well in the states of Arkansas and Missouri. They also planted their flag in the Southeastern part of North America claiming all lands West of the ridge of the Appalachians to the Mississippi River and South of the Ohio River to the Gulf of Mexico.
France “discovered” the Eastern part of Canada along with the lands West of the ridge in the Appalachians North of the Ohio River to the Mississippi River and back North into Canada.
England “discovered” the Eastern seaboard of the Continent extending from the Atlantic Ocean to the ridge of the Appellation Mountains and staked claims to the region of the thirteen (13) original colonies.
During the 1600s and early 1700s France and Spain sent the Black Robes missionaries to the non-white pagans to convert them to Christianity. This is a historical, theological, and philosophical farce. First, they are not humans according to Church doctrine and law. Second, they have no ability to mentally ascend to the teachings of the church concerning the teaching of the Vicar of Christ about their God on a Cross. The indigenous could not own the land they were on because it belonged to the Kings of European Christian Countries and therefore the Church. Why did they send missionaries when they would have been within their rights to kill all of the indigenous animals?
The 1700s
All three of the world superpowers attempted to gain allies of the various Native American tribes to use them to fight in proxy wars. White, European, Christians in their blood thirst for more power and riches pitted one tribe against another and one ally against another just to be able to decimate the Native population so as to easier subdue it. Even when vast majorities of a tribe would convert to Christianity, the Natives were still treated as though they had no rights, but this way, when they were killed and their lands stolen from then, at least they could go to heaven.
King George of England would never accept the Doctrine of Discovery to limit the lands he could claim for England because the Church of England broke away from the Catholic Church under Henry VIII. England developed the Land Patent system based on the Doctrine of Discovery, and King George extended his claims to the Mississippi River through Patents. This was in violation of the Doctrine of Discovery because most of those lands had been claimed by Spain with the other being claimed by France.
In 1730, King George II wanted to deal with only one leader of the Native Americans and Sir Alexander Cummings provided him with his desires. Cummings, an astute businessman from South Carolina, had the brilliant idea to gather the most well-known chiefs of the various tribes and present to them the idea of signing a treaty with the king of England for their protection. Cumming had a crown made for his newly selected “Emperor of the Cherokee,” the Powhattan Indian named Amatoya Moytoy.
In preparation to go to England, Amatoya’s wife gets sick and he appoints Attakullakulla, a Nippising Indian to go in his place. In June of 1730, at the signing of the Whitehall Treaty, Attakullakulla presents King George II with the “Crown of Tenasy” and two scalps as their commitment to live up to the terms of Treaty. It is no coincidence that the three (3)National Chiefs of The Chickamauga Nation are all direct, blood descendants of Amatoya since the Powhatans and the Nippising are not Cherokee either but are called Cherokee at this time.
Historically known as the Seven Years War, the French and Indian War was set in place by the Doctrine of Discovery, the Whitehall Treaty, and the desire for Colonial expansion. While the actual time span on the War is from 1754 to 1763, the reality is that it started as a proxy war years before and went on for years after. Under the Doctrine of Discovery, and the Papal Bulls, while England won the war, they would only be able to claim the lands North of the Ohio River because the lands South of the Ohio were claimed by Spain. The English win the war, but they soon lose America.
The ancient Laws and Religion also lead to the Chickamauga allying with the English, because they gave their word in Treaty to the English in 1730. Under the Doctrine of Discovery, the 1772 Watauga Compact, Purchase, and Settlement were all in violation of the Whitehall Treaty which allowed the Chickamauga to hunt down and kill every illegal immigrant squatter on their Treaty lands. There were no excuses, these colonists rebelled against the King, rebelled against their government and illegally trespassed on Treaty Lands. Not only did the Whitehall Treaty give them the right to punish and kill the squatters, their ancient Laws and Religion made rebellion (witchcraft) punishable by death.
In 1776, the longest war in US history begins, the Chickamauga Wars extend from 1776 – 1794, but the final skirmish extended well into 1796. Why the Chickamauga Wars? It is quite simple, the White, European, Christian Doctrines of Discovery meets the Ancient Laws, Traditions, Customs, and Religion of the Southeast Ceremonial Complex of Mound Builders which includes the Chickamauga. The traditionalistic laws and religion forbid the selling or trading of lands of the tribe under the punishment of death.
The 1785 Treaty at Hopewell with All of the Cherokee, makes one ask who were all of the Cherokee? Historically, this phrase meant any and all tribes of people who could partially speak or understand the Cherokee trade language. The United States created one overarching group of people in the Southeast mostly by language for the purposes of bringing together uniformity. Little did they realize that there were deep seeded hatreds and blood enemies of those who signed the Treaty.
The 1785 Treaty of Hopewell furthered the doctrine of Discovery by moving the ancient boundary markers of the traditional hunting grounds of the Southeast Woodland Indians of which the Cherokee were not a part. Their traditional homelands and hunting lands extended North to the Ohio River, East to the Ridge of the Appalachian Mountains, South to the Gulf of Mexico and West to the Mississippi River. The Treaty agreed to protect the Cherokee from enemies and asked them to hunt in a new, but smaller area. The Chickamauga and other Southeast Ceremonial Complex Indians would have never surrendered lands to the United States in violation of their Laws and Religion.
How does the Doctrine of Discovery play out over the next couple of decades? The illegal immigrant squatters (settlers) flood into Kentucky and it is quickly made a state in violation of the Whitehall Treaty and the Treaty of Hopewell. The illegal immigrant squatters flood into Tennessee and it is quickly made a state in violation of numerous Treaties and laws. The same happens in the Georgia, where the lands of the Chickamauga and Creek are stolen in violation of Treaties and laws.
In Georgia
Be it enacted by the Representatives of the Freemen of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this Act, the Creek Indians shall be considered as without the protection of this state, and it shall be lawful for the Government and people of the same, to put to death or capture the said Indians wheresoever they may be found within the limits of this state; except such tribes of the said Indians which have not or shall not hereafter commit hostilities against the people of this state, of which the commanding officer shall judge."
Emphasis added. There are only four known surviving copies of the text printing of this statute. The one examined by the author is in the John W. Shleppey American Indian Law and History Collection at the University of Tulsa.
In the early 1800s, the Supreme Court adopts the Doctrine of Discovery in allowing for the removal of indigenous land ownership and rights in favor of white, European, Christians who steal the land and sell it off so that the title to the land has no tracible ownership reverting back to the indigenous. The God of the Supreme Court, John Marshall firmly entrenches in American Juris Prudence the Doctrine of Discovery. With so many years since the ruling, Stare Decisis makes the rulings untouchable even though they are not based on Constitutional law, but the Catholic Dogma of the Doctrine of Discovery.
Even modern American Indian Policy goes all the way back to the Doctrine of Discovery. Natives must endure getting the scraps handed down to them from the table, like dogs. Tribes are placed under tutelage as though they are mentally inferior and incapable of caring for themselves. This behavior goes all of the way back to Pope Alexander V. 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
Tribes who are historically relevant and can prove their recognition by the United States are turned away from being a Serviced Tribe because the Doctrine of Discovery allows the United States to cover up genocide and ethnic cleansing by refusing the stroke of a pen.