Wednesday, November 18, 2009

Mar del Sur, The Sea of the South


Almost 500 years ago a Spanish conquistador, after dodging creditors from a failed farm, ended up in politics at a small colony in Panama. Taking advantage of the Native population, he enslaved many, stole lots of gold, and then tortured them (sometimes even using war dogs) to extract information on where he could find more slaves and more gold. But mostly, I suspect, he was interested in the gold.

The Natives pointed him farther south where a "great sea with much treasure lay." Eventually he was court martialed and beheaded by a jealous superior, but not before he was named governor of the Mar del Sur, the Sea of the South he "discovered" as the first European to see the Pacific Ocean.
At the time Vasco Nunez de Balboa's death, Mar del Sur belonged to Spain.

Thus began the race to the "final frontier."

Discovery is a fickle first and there are rules.

Basically, you could discover something new to Europeans. You occupy it by physical possession, which then strips the native population of their property rights and ownership, and also their soverignty and their ability to trade or otherwise interact with other nations (except the nation that discovered them).

Under the Doctrine, if you discover the mouth of a river, you are claiming right to all of the lands in its drainage basin. If you discover lands that are not being used in a "European fashion" under the doctrine you can claim them.

If there are non-Christians, you can boot them out.
For 13 colonies built on pursuing religious and political freedom, we were sure free with the use of European laws to dominate First Americans into doing things our way. And still we dominate First Americans while at the same time circling the globe brandishing our big stick labeled "Freedom."
Just a little something I picked up from Dr. Robert Miller during a lecture at OHS. His book, Native America, Discovered and Conquered--Thomas Jefferson, Lewis and Clark, and Manifest Destiny explains it much better if you're interested. Dr. Miller is a JD and is also a First American. His writing is fair and non-biased, even though it would have every right to be.


Because treaties form the basis of the laws governing our tribes, only Congress can affect change. And they will only be able to affect a positive change by education and much dialog. Dr. Miller concludes that "with ample tribal input and direction viable ways to make concrete changes in federal Indian law that could begin to rectify some of the damage [the Doctrine of] Discovery has inflicted on tribal and Indian rights." He also suggests government-to-government dialogue, which is interesting. I bet most elected officials in DC don't think of the tribes as a government. I certainly didn't.


This marks 20. Yes, I counted OHS already, but you have to count a history of exploration as it applies to Oregon! Especially when it's delivered by a professor from Lewis & Clark Law School!

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