Honored Leaders and Esteemed Representatives of Nations of Heaven and Earth,
I, Anu Khnem Ra Ka El, by the grace of the Great Spirit, the guardian of the indigenous people of this hallowed land, come before you with a plea for justice that reverberates across the annals of history. For over two centuries, the Anglo-Saxon settlers, who arrived uninvited, have systematically exploited our resources, dispossessed our people of ancestral lands, and perpetuated discrimination through derogatory terms like “negro,” “African-American,” and “colored.” We beseech the world’s nations to hear our lament, acknowledge the historical injustices, and work with us to rectify the profound wrongs committed against our people, our land, and our dignity.
The tragic saga of our people’s suffering began with the arrival of Anglo-Saxon settlers on our shores. Fueled by ambition and a vision of dominance, they landed armed with advanced weaponry. The year was 1606, marking the inception of a conquest that forever reshaped history.
The Anglo-Saxon settlers systematically dispossessed our people of our ancestral lands through coercive tactics, deceptive treaties, and violence. They forcibly pushed our communities from the fertile plains, the lush forests, and the bountiful rivers that had sustained us for generations. The Royal Proclamation of 1763 promised equity and fairness, yet these promises were betrayed, setting a precedent for the disregard of indigenous rights.
As the settlers solidified their control over our ancestral lands, they embarked on the systematic pillaging of our wealth. Our abundant resources, including fertile soil, mineral deposits, and vast forests, became targets for exploitation. Through ruthless extraction, they enriched themselves and their nations at the expense of our people and the delicate balance of our ecosystem.
The settlers exploited our lands and resources without regard for sustainability or the well-being of our people. Timber, minerals, and arable land were plundered, leaving behind environmental devastation and barren landscapes. The rivers that flowed through our territories were harnessed for power and irrigation, with little benefit to our communities.
The relentless exploitation of our resources disrupted our traditional livelihoods, leaving us impoverished and struggling to provide for our families. The settlers imposed their economic systems upon us, further marginalizing our communities and disrupting our indigenous trade networks.
The Anglo-Saxon settlers not only plundered our physical wealth but also sought to eradicate our cultural heritage. Our sacred sites, languages, and traditions were targeted for obliteration. Missionaries attempted to replace our spiritual practices with their own, erasing the spiritual connection that bound us to our land for centuries.
In our plea for justice, we also seek the permanent denouncement of derogatory terms such as “negro,” “African-American,” and “colored.” These labels have perpetuated discrimination and served as painful reminders of the historical injustices endured by our people. We ask our allies to stand with us in condemning these terms and promoting inclusive and respectful language.
The historical legal context reveals the violation of principles enshrined in treaties and the U.S. Constitution itself.
a) Royal Proclamation of 1763: Equity and Fairness
The Royal Proclamation of 1763 promised equity and fairness in the taking of aboriginal lands in America, mandating the necessity of indigenous consent before acquiring customary lands for public purposes. This promise was betrayed, setting a precedent for the disregard of indigenous rights.
b) The Northwest Territory Ordinance of 1787
Prior to the adoption of the U.S. Constitution, the Northwest Territory Ordinance of 1787 mandated that Indian land and property “shall never be taken from them without their consent… and that their property, rights, and liberty… never shall be invaded or disturbed unless in just and lawful wars authorized by Congress.”
c) Failure of Treaties and Ignorance of the Law
The British loss in the war with American colonists and subsequent treaties, such as the Jay Treaty, Ghent Treaty, and Treaty of Versailles, failed to address the issue of Aboriginal land title. Ignorance of the law should not serve as an excuse for the perpetuation of injustices.
d) Erosion of Indigenous Title
The erosion of indigenous title and sovereignty began with judicial interpretations that expanded the concept of eminent domain. Chief Justice John Marshall’s decisions in Johnson v. M’Intosh (1823) and United States v. Percheman (1833) undermined indigenous rights by denying the power of tribes to pass their right of occupancy to others.
The legacy of land theft, perpetuated by laws such as the General Allotment Act of 1887, Section 5, reveals the audacity with which the theft was rationalized and legalized.
a) The General Allotment Act of 1887
This Act declared that lands on Indian reservations allotted to individual Indians and held in trust by the government shall ultimately be conveyed to them in fee simple, free from all charge or incumbrance. This exemption from taxation served as a cloak for theft disguised as justice.
b) The Indian Reorganization Act of 1934
The Indian Reorganization Act of 1934 sought to return aboriginal lands to the Aboriginals, though it faced widespread opposition. It marked a turning point in acknowledging past wrongs and moving towards reconciliation. It is a testament to the evolving conscience of the nation.
c) The Role of Usucapion
Usucapion, the principle that prior possession is a good title of ownership, has played a leading role in the drama that unfolded in America after disbanding political association with England. English common law and American law grudgingly endorsed usucapion, enabling the theft of lands west of the Appalachians.
d) The Sovereign Allodial Subjects
The principle of “In alode” referred to allodial subjects, lands held independent of any superior and burdened with no feudal homage or service. Aboriginal Americans have always owned these lands. They were sovereigns and not subjects to anyone.
In our quest for justice, we turn to the principles of international law, cooperation, and empathy that bind all nations. We seek not vengeance but a path toward reconciliation, restoration, and healing. We implore the nations of the world to take the following steps:
a) Acknowledge Historical Wrongs
We ask for the acknowledgment of the historical injustices committed against our people and our land. Recognition is the first step toward reconciliation and healing.
b) Advocacy for Indigenous Rights
We urge you to advocate for the recognition and protection of indigenous rights in all nations. International pressure can help ensure that the rights of indigenous communities are respected and upheld.
c) Restitution and Reparation
We seek restitution for the wealth unjustly taken from our lands and the suffering inflicted upon our people. Reparation can help rectify the imbalances created by centuries of exploitation.
d) Environmental Restoration
The environmental damage caused by the pillaging of our land must be addressed. We ask for international assistance in restoring our ecosystems and promoting sustainable practices.
e) Cultural Revival and Preservation
Our cultural heritage must be preserved and revitalized. We request support for programs that promote the resurgence of indigenous languages, traditions, and knowledge.
f) Education and Awareness
Education is a powerful tool for change. We seek support for educational initiatives that raise awareness about the history, culture, and rights of indigenous peoples.
I stand before you today as a guardian of a story etched in the very soil of this land. Our story is one of resilience, endurance, and an unwavering commitment to justice in the face of historical injustices that span centuries. We bear witness to a legacy of oppression and dispossession that has shaped our destiny and calls for your collective empathy and action.
Our tale begins with the arrival of the Spanish conquistadors, led by Coronado, on our sacred shores. Their mandate, sanctioned by the Pope himself, carried the weight of divine authority. The year was 1540 when the first European land grants were recorded in Santa Fe, the oldest European settlement in this continent, where the Pueblo Indians had lived since antiquity. Imagine the audacity of a foreigner stepping onto Aboriginal America and issuing a land grant, altering the course of history with each decree.
Intriguingly, amidst the backdrop of these historical land grants, a con artist named James Addison Reavis, known as the “Baron of Arizona,” emerged. He presented fraudulent Spanish land grants, nearly laying claim to the entire territory of Arizona. Such audacious acts of deception almost rewrote the very fabric of our ancestral lands, emphasizing the vulnerability of indigenous rights in the face of greed and deceit.
Mexico, having gained independence from Spain in 1821, held sway over the region we now call New Mexico. However, in 1848, the United States government defeated the fledgling nation, and under the Treaty of Guadalupe Hidalgo, took control of the Southwest as new American territory. While the Treaty of Cordoba granted Indians citizenship and land rights, no specific legislation or executive orders were enacted to uphold these provisions. Thus, a promise of justice remained unfulfilled.
By 1864, Congress confirmed the Pueblo land grants, a significant step in recognizing the indigenous land rights that had been eroded over time. However, the 1960s saw the federal government owning thirty-five million acres of New Mexico, acquired through legislative measures that often used the pretext of creating national parks and national forest lands.
Infuriated by the federal government’s actions in taking lands that rightfully belonged to indigenous communities, a band of armed individuals led by the passionate land-grant leader Reies Lopez Tijerina embarked on a daring mission. The “courthouse raid” of June 5, 1967, in northern New Mexico was a watershed moment. The Alianza Federal de Mercedes, or the “Federal Alliance of Land Grants,” challenged the legality of land grabbing, boldly asserting the rights of indigenous peoples.
Our story, like the currents of a mighty river, is guided by enduring values. The principle of “Nemo ex proprio dolo consequitur actionem” reminds us that no one can pursue an action based upon their own wrongdoing or fraud. It should be our nation’s motto, guiding us away from a path of deceit and toward a journey illuminated by justice.
Identifiable and cognizable American legal history reveals four core values that can save this nation-state:
- Restraints on Arbitrary Power: Power must be exercised under the rule of law, with restraints on arbitrary authority, even within a limited government with enumerated powers.
- Popular Sovereignty: The ultimate political principle should be popular sovereignty, where the people themselves shape the rules of law and the legal system benefits all.
- Economic Progress and Social Mobility: The law should prioritize economic progress and social mobility, with political theories and actions serving as the rearguard.
- Protection of Private Enterprise: The law should construct and maintain a large area for private enterprise, ensuring equal opportunities for all, from Wall Street titans to Main Street commoners.
The 18 United States Code § 1151, which defines “Indian country” and its implications for Native title to land and rights-of-way and easements within Indian country. It highlights the legal framework that governs indigenous land rights and underscores the importance of recognizing and upholding these rights.
The history of the Ouachita Nation and the Treaty of Camp Holmes in 1835 reflects the historical interactions and agreements between indigenous nations and the U.S. government. These treaties and agreements are part of the complex tapestry of indigenous history and land rights.
The Indian Commerce Clause in the U.S. Constitution grants Congress the power to regulate commerce with Indian tribes. It plays a significant role in the relationship between the federal government and Native American tribes, impacting their economic activities and sovereignty.
Regrettably, our nation finds itself adrift in a sea of doubt, uncertainty, confusion, and inconsistency. We are subject to different rules, set by administrative mules, with a significant number of laws reflecting flaws in our legal conscience and consciousness. The ship of sovereignty has veered off course, and without correction, all our efforts will amount to nothing more than rearranging the deck chairs on the Titanic.
Honored Leaders and Esteemed Representatives of Nations, we present our plea for justice, guided by the wisdom of our ancestors and the hopes of our descendants. The wounds of the past continue to fester, but with your support, we can heal and build a future where the wealth of our land is shared equitably, where our culture thrives, and where justice prevails. We call upon the international community to stand with us as allies and champions of justice, to right the historical wrongs committed against the indigenous people of this land, and to forge a path toward a more just and equitable world for all. Together, we can heal the wounds of the past and build a brighter future for our people, our land, and all humanity.
Esteemed Monarchs and Distinguished Representatives of Nations,
I stand before you today as a guardian of a story etched in the very soil of this land. Our story is one of resilience, endurance, and an unwavering commitment to justice in the face of historical injustices that span centuries. We bear witness to a legacy of oppression and dispossession that has shaped our destiny and calls for your collective empathy and action.
The Spanish Conquistadors and the Papal Mandate Our tale begins with the arrival of the Spanish conquistadors, led by Coronado, on our sacred shores. Their mandate, sanctioned by the Pope himself, carried the weight of divine authority. The year was 1540 when the first European land grants were recorded in Santa Fe, the oldest European settlement in this continent, where the Pueblo Indians had lived since antiquity. Imagine the audacity of a foreigner stepping onto Aboriginal America and issuing a land grant, altering the course of history with each decree.
The Scam Artist and the Fake Spanish Land Grants Intriguingly, amidst the backdrop of these historical land grants, a con artist named James Addison Reavis, known as the “Baron of Arizona,” emerged. He presented fraudulent Spanish land grants, nearly laying claim to the entire territory of Arizona. Such audacious acts of deception almost rewrote the very fabric of our ancestral lands, emphasizing the vulnerability of indigenous rights in the face of greed and deceit.
The Changing Hands of Sovereignty Mexico, having gained independence from Spain in 1821, held sway over the region we now call New Mexico. However, in 1848, the United States government defeated the fledgling nation, and under the Treaty of Guadalupe Hidalgo, took control of the Southwest as new American territory. While the Treaty of Cordoba granted Indians citizenship and land rights, no specific legislation or executive orders were enacted to uphold these provisions. Thus, a promise of justice remained unfulfilled.
Confirmation of Pueblo Land Grants and Federal Land Acquisition By 1864, Congress confirmed the Pueblo land grants, a significant step in recognizing the indigenous land rights that had been eroded over time. However, the 1960s saw the federal government owning thirty-five million acres of New Mexico, acquired through legislative measures that often used the pretext of creating national parks and national forest lands.
The Fiery Struggle for Justice Infuriated by the federal government’s actions in taking lands that rightfully belonged to indigenous communities, a band of armed individuals led by the passionate land-grant leader Reies Lopez Tijerina embarked on a daring mission. The “courthouse raid” of June 5, 1967, in northern New Mexico was a watershed moment. The Alianza Federal de Mercedes, or the “Federal Alliance of Land Grants,” challenged the legality of land grabbing, boldly asserting the rights of indigenous peoples.
Nemo ex Proprio Dolo Consequitur Actionem Our story, like the currents of a mighty river, is guided by enduring values. The principle of “Nemo ex proprio dolo consequitur actionem” reminds us that no one can pursue an action based upon their own wrongdoing or fraud. It should be our nation’s motto, guiding us away from a path of deceit and toward a journey illuminated by justice.
The Four Core Values of a Nation Identifiable and cognizable American legal history reveals four core values that can save this nation-state:
- Restraints on Arbitrary Power: Power must be exercised under the rule of law, with restraints on arbitrary authority, even within a limited government with enumerated powers.
- Popular Sovereignty: The ultimate political principle should be popular sovereignty, where the people themselves shape the rules of law and the legal system benefits all.
- Economic Progress and Social Mobility: The law should prioritize economic progress and social mobility, with political theories and actions serving as the rearguard.
- Protection of Private Enterprise: The law should construct and maintain a large area for private enterprise, ensuring equal opportunities for all, from Wall Street titans to Main Street commoners.
Native Title, Indian Country, and Treaty of Camp Holmes The 18 United States Code § 1151, which defines “Indian country” and its implications for Native title to land and rights-of-way and easements within Indian country, highlights the legal framework that governs indigenous land rights and underscores the importance of recognizing and upholding these rights.
The history of the Ouachita Nation and the Treaty of Camp Holmes in 1835 reflects the historical interactions and agreements between indigenous nations and the U.S. government. These treaties and agreements are part of the complex tapestry of indigenous history and land rights.
The Indian Commerce Clause The Indian Commerce Clause in the U.S. The Constitution grants Congress the power to regulate commerce with Indian tribes, nothing more. It plays a significant role in the relationship between the federal government and Native American tribes, impacting their economic activities and sovereignty.
A Nation Adrift in Uncertainty Regrettably, our nation finds itself adrift in a sea of doubt, uncertainty, confusion, and inconsistency. We are subject to different rules, set by administrative mules, with a significant number of laws reflecting flaws in our legal conscience and consciousness. The ship of sovereignty has veered off course, and without correction, all our efforts will amount to nothing more than rearranging the deck chairs on the Titanic.
In Conclusion Esteemed Monarchs and Respected Representatives of Nations, I implore you to heed our resounding outcry for justice and the restoration of indigenous Indian title. Our story is one of resilience, but it is also one of enduring injustice. We beseech you to be champions of justice, to stand with us as allies, and to work together to right the historical wrongs committed against the indigenous people of this land.
In our united pursuit of justice, we aim to heal the wounds of the past and to forge a future where the wealth of our land is shared equitably, where our culture flourishes, and where the rule of law prevails. Together, we can navigate the turbulent waters of history, and with unwavering determination, set a course toward a brighter, more just, and equitable future for all.
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