The Doctrine of Discovery and the Separation of Church and State
OPENING WORDS:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. First Amendment to the United States Constitution
READING: 2012 Responsive Resolution concerning The Doctrine of Discovery
THEREFORE, BE IT RESOLVED that we, the delegates of the 2012 General Assembly of the Unitarian Universalist Association, repudiate the Doctrine of Discovery as a relic of colonialism, feudalism, and religious, cultural, and racial biases having no place in the modern day treatment of indigenous peoples; and
BE IT FURTHER RESOLVED that we call upon the Unitarian Universalist Association and its member congregations to review the historical theologies, policies, and programs of Unitarianism, Universalism, and Unitarian Universalism to expose the historical reality and impact of the Doctrine of Discovery and eliminate its presence in the contemporary policies, programs, theologies, and structures of Unitarian Universalism; and
BE IT FURTHER RESOLVED that we call upon the Unitarian Universalist Association to invite indigenous partners to a process of Honor and Healing (often called Truth and Reconciliation), and if one or more partners agree, to undergo such a process about Unitarian, Universalist, and Unitarian Universalist complicity in the structures and policies that oppress indigenous peoples and the earth; and
BE IT FURTHER RESOLVED that we call upon the leadership of the Unitarian Universalist Association to make a clear and concise statement repudiating the Doctrine of Discovery and its current use in U.S. laws and regulations; and
BE IT FURTHER RESOLVED that we encourage other religious bodies to reject the use of the Doctrine of Discovery to dominate indigenous peoples, and that the UUA collaborate with these groups to propose a specific Congressional Resolution to repudiate this doctrine; and
BE IT FINALLY RESOLVED that we call upon the United States to fully implement the standards of the U.N. Declaration on the Rights of Indigenous Peoples in the U.S. law and policy without qualifications. In doing so, we support the establishment of commissions that include accountable representatives of the indigenous nations of North America and the Hawai’ian Kingdom.
MEDITATION: “The Land I Think I Own” by Penthea Burns titled
I want this poem to speak to the heart of my Wabanaki and non-Wabanaki friends as we ‘find ourselves and one another on this well-worn trail.'”
The path is old in the east
Dawn blesses us first each day
Shining the light of truth
Where soft footsteps once fell on fertile ground –
On this land I think I own
Elements of the air around me
Drift unchanged across time and space
From the last breath of the first people
Whose land and lives were claimed
By the ones who share my skin
The trees and stones bore witness to their suffering
And for generations they have stood in solemn prayer
Generations of grief and hope
Rooted deeply
In this land that I think I own
There are voices which have been silenced
And they are dying to be heard
If I can only stop talking
Quiet my busy mind
And break open my heart
To all that I don’t know –
There are worlds that exist without me
With ways of knowing and being
Strengths and hurts
Their language and traditions
Children and land were
Stolen not lost
And the people are ready to teach
They’re ready to be heard
If I can only stop talking
Settle my knowing mind
Sow seeds of curiosity in my heart
Resist my urge to retreat and
Open my whole being to
Listen to the teachings
Like argon – I breathe them in
My expertise is not needed here
My expertise has never been needed
Only my love, my attention
I stand firmly on this ground of humility
Open these eyes through which I see the world
Through which I see myself
My inheritance, my privilege
I throw all that I know away
Save the knowledge of my own heart
The path is old in the east
You and I – we have found ourselves
And one another on this well-worn trail
I bow to you and acknowledge all that you hold dear
We each lay down what we’ve been carrying
And sit in the early morning light
The trees and stones encircle us in prayer
The day has come
SERMON:
I grew up not learning anything about the indigenous people who were displaced from the very land I was living on - not much more than 100 years prior to my birth. Because of my feelings about that, one of the things I resolved to do in my retirement was to learn about the history of the indigenous people of Maine. I wanted in some way to become an ally to the indigenous people who managed against great odds - to maintain their place in the land of the dawn. The indigenous people of Maine call themselves the Wabanaki, meaning “people of the land of the dawn.”
The Wabanaki have lived in this area for over 11,000 years; long before Christopher Columbus set foot on the white sands of Guanahani Island in the Caribbean. The reason Columbus claimed this land for his king was, in 1552, Pope Nicholas V issued a papal document called the Romanus Pontifex to King Alfonso V of Portugal, declaring war against all non-Christians throughout the world, and specifically sanctioning and promoting the conquest, colonization, and exploitation of non-Christian nations and their territories.
There were other theological doctrines that were formulated during and after the Crusades, in which non-Christians were considered enemies of the Catholic faith which made them less than human. So it was, that Pope Nicholas directed the King of Portugal to "capture, vanquish, and subdue the saracens, pagans, and other enemies of Christ," to "put them into perpetual slavery," and "to take all their possessions and property." [Davenport: 20-26] This became the “Doctrine of Christian Discovery.”
That unleased the European subjugation of millions of indigenous people around the world, the slave trade which is at the base of much of present day racism and the taking away of land from people who could not keep the European invaders out.
I am embarrassed to admit that up until about five years ago I didn’t know anything about the Doctrine of Discovery. I have learned a great deal since our 2012 UU resolution called for the repudiating the Doctrine of Discovery and its current use in U.S. laws and regulations.
I learned, to my horror, that this ancient Church doctrine had found its way into the U.S. justice system providing the U.S. Supreme Court a means to repeatedly justify the stealing of the lands of Native people.
Steve Newcomb, of the Indigenous Law Institute, has been one of the principal leaders of the Indigenous movement to expose and try to rid the world of the Doctrine of Christian Discovery. Back in 1992, Newcomb wrote that “During this quincentennial of Columbus' journey to the Americas, it is important to recognize that the grim acts of genocide and conquest committed by Columbus and his men against the peaceful Native people of the Caribbean were sanctioned by the abovementioned documents of the Catholic Church. Indeed, these papal documents were frequently used by Christian European conquerors in the Americas to justify an incredibly brutal system of colonization - which dehumanized the indigenous people by regarding their territories as being "inhabited only by brute animals." [Story:135-6]
What we all need to realize, is that in 1823, the United States Supreme Court used the religious Doctrine of Discovery as a legal basis to rule in Johnson v. McIntosh that the discovery rights of European sovereigns had been transferred to the new United States. The Supreme Court Chief Justice Marshal wrote: “The United States, then, have unequivocally acceded to that great and broad rule by which its civilized inhabitants now hold this country. They hold and assert in themselves, the title by which it was acquired. They maintain, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or conquest; and gave also a right to such a degree of sovereignty, as the circumstances of the people would allow them to exercise.”
The Chief Justice Marshall, further, stated that, "...the tribes of Indians inhabiting this country were fierce savages, whose occupation was war, and whose subsistence was drawn chiefly from the forest. To leave them in possession of their country, was to leave the country a wilderness."
Associate Justice Joseph Story, who happened to be a Unitarian, (1779-1845) wrote: "As infidels, heathens, and savages, they [the Indians] were not allowed to possess the prerogatives belonging to absolute, sovereign and independent nations."
The Native American attitude toward land was different than that of Justice Marshall’s or other European Americans. Chief Frowfoot of the Sksika who lived from 1825-1890 said:
Our land is more valuable than your money.
It will last forever.
It will not even perish by the flames of fire.
As long as the sun shines and the waters flow, this land will be here to give life to men and animals.
Unlike other racist Supreme Court decisions from the 1800’s, Johnson v. M'Intosh has not been overturned. Furthermore, the racist dohnson v. M'Intosh decision has continued to be cited in court cases and decisions up until as recently as 2005.
We have all heard the story of Columbus' "discovery" of the New World. It continues to be celebrated in mythological proportions in our country and taught in our elementary schools. Unfortunately we don’t stop to think about the fact that gaining possession of the “New World” was based on an old racist religious doctrine. Worse yet not many people realize that today -- five centuries later our United States government continues to use this archaic Christian doctrine to deny the rights of Native American Indians.
In a cruel twist of history, in the very same year of the Johnson v. McIntosh decision, James Madison who earlier had drafted and promoted the U.S. Constitution and the Bill of Rights, wrote: "Religion is not in the purview of human government. Religion is essentially distinct from civil government, and exempt from its cognizance; a connection between them is injurious to both."
And our First Amendment to the United States Constitution states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Unfortunately, Chief Justice Marshall with a unanimous Supreme Court inserted the Christian Doctrine of Discovery into our U.S. law and in doing so established an archaic religious document as a cornerstone of U.S. Indian policy.
There were other American ways of relating to Native American land claims. Roger Williams purchased the Providence Plantation. In fact to prevent defend his land from Massachusetts and Plymouth, Williams traveled to England to obtain a patent which made referenced to his purchase of the land from the natives. Thus the Royal Charter of Rhode Island issued by Charles II acknowledged the rights of the Indians to the land. Plus there was the precedence of the Dutch West India Company which conferred ownership rights in New Netherland only after the purchase from the Indian owners, a practice also followed by the Quakers in Pennsylvania.
About that time, Chief Joseph, of the Nez Perce (1840-1904) said, “The ground on which we stand is sacred ground. It is the dust and blood of our ancestors.” Unfortunately, not one Native American voice was heard in the Johnson v. McIntosh which continues to have, profound effects on Native American land rights including here in Maine.
Ever since they encountered Europeans in the 15th century, the Wabanaki people have known a drastic population depletion. While disease is often highlighted as the primary cause of this decline, the Wabanaki experienced forced removal from their lands, the destruction of cultural and spiritual traditions through Christian conversion, and they were hunted down because the government placed a bounty on their scalps.
It was similar across the boarder in Canada. In 1920, Dr. Duncan Campbell Scott said, “I want to get rid of the Indian problem. I do not think as a matter of fact, that the country ought to continuously protect a class of people who are able to stand alone… Our objective is to continue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian Department, that is the whole object of this Bill.”
So, under Scott’s direction, it became mandatory for all native children between the ages of seven and fifteen to attend one of Canada’s Residential Schools.
Here in Maine, Indigenous people experienced a 96% population depletion since first contact. There was forced assimilation and Wabanaki children were taken away from their families, their communities and sent to boarding schools. They were punished for speaking their language and abused physically, emotionally, mentally, and sexually. Many died in these schools. Thousands of former students live with the lasting impact of this abuse.
As recent as 1977, a Senate report revealed that Maine had the 2nd highest rate of Indian foster care placement among all states. Well into the 1990s, Indian children in Maine were being placed with and adopted by non-Native families without notification to the tribe as required by the law.
Where there were over 20 tribes of the Wabanaki Confederacy, now there are only four tribes still in existence in Maine. Within those remaining four tribes, there are about 8,000 tribal members alive today.
You might be wondering, “What can we do?” Well the first step is to educate ourselves. Research the history of Castine and the surrounding area and find out about the wonderful culture and history of the indigenous people who lived in this area prior to the influx of European refugees. We need to learn not about the “discovery” of the New World, but the taking of the land, about treaties negotiated (and often broken), and about programs of forced cultural assimilation.
I encourage that you read and discuss the book I read from earlier, “An Indigenous Peoples’ History of the United States,” written by Indigenous scholar and activist Roxanne Dunbar-Ortiz published by our own Unitarian Universalist Beacon Press last year.
There are many great documentary films available. Filmmakers Robin Davey and Yellow Thunder Woman explore the grim legacy of America's treatment of Native peoples in the documentary, "The Canary Effect." The full-length documentary is viewable courtesy of Top Documentary Films.
“THE PENOBSCOT: Ancestral River, Contested Territory” is a local movie that received an Emmy award nomination from the National Academy of Television Arts and Sciences New England for best Documentary of 2015. I have talked with Meredith DeFrancesco, the producer for “The Penobscot,” she says that "For the Penobscot this is one of the most important issues facing the tribe today,not only impacting their territory, but their sovereignty and cultural identity."
Visit Native cultural centers like the Abbe Museum, attend events open to the public, and support local Indigenous artists, programs, and tribal colleges. Honor Indigenous Peoples Day as part of your congregational year. There is even a web resource called “ten ways to celebrate Indigenous Peoples Day” Check to make sure the schools in your community teach the actual history of the indigenous people of the Americas.
Consider participating in one of the REACH Ally workshops or trainings. I did last fall and have been actively involved ever since. REACH is a cross-cultural collaborative comprised of staff from the State of Maine Office of Child and Family Services (OCFS) and Wabanaki child welfare programs, Wabanaki Health and Wellness, and the Wabanaki Program. REACH established the Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission.
There are resources about the work being done by other UU congregations to reach out as allies to the Wabanaki people. Watch for initiatives, projects, and events that are important to local Native groups. Issues and concerns of Indigenous people cover a wide range of topics. Environmental justice, education and child welfare, health care, violence against women, land rights and treaty rights, and cultural and language preservation are but a few.
We today may not be responsible for what our ancestors did, but we are responsible for the society we live in, which like it or not is a product of the past. (Native historian Jack Forbes)
Nine years ago on September 13, 2007, the UN General Assembly overwhelmingly passed a Declaration on the Rights of Indigenous Peoples. Penobscot Tribal Representative Donna Loring had the foresight to recognize the potential significance of this UN Declaration. She introduced a resolution in her capacity as Penobscot Tribal Representative to the Maine Legislature. The Maine Legislature unanimously passed the resolution on April 18, 2008 which put the Maine Legislature on record in support of the UN Declaration.
I close with something Crazy Horse of the Oglala Lakota Sioux said he lived from 1840-1877.
The Red Nation shall rise again and it shall be a blessing for a sick world; a world filled with broken promises, selfishness and separations; a world longing for light again.
I see a time of Seven Generations when all the colors of mankind will gather under the Sacred Tree of Life and the whole Earth will become one circle again.
In that day, there will be those among the Lakota who will carry knowledge and understanding of unity among all living things and the young white ones will come to those of my people and ask for this wisdom.
I salute the light within your eyes where the whole Universe dwells. For when you are at that center within you and I am that place within me, we shall be one.