- Chapter Three

All Mineral, Plant and Human Relations are Connected to the Land, Air, Water and Fire.

INDIGENOUS SOVEREIGNTY

by Johnny Liberty

Dedicated to the thousands of pioneers who came before and to the research and creation of this handbook.

Native Sovereignty and the Doctrine of Discovery

“Self-determination is the deciding by a people of a nation what form of government they shall have without reference to the wishes of any other nation....the people have a range of choices from total assimilation within another nation, territory status, autonomy, statehood, free association, commonwealth to total independence and sovereignty.”

— Francis Anthony Boyle, Attorney

Editor's Note: Thanks to Stephen Newcomb for his research and expose' of the Doctrine of Discovery. This is where the Christian and indigenous theologies are perpetually in conflict. There is no spiritual justification for genocide, or the annihilation of a culture. If your religion does not teach and practice the golden rule, then it has nothing to offer you.

Before we can continue with the issues of sovereignty as it relates to the united states of America, we must address the issue of native sovereignty.

Most Americans have heard the term “sovereignty” only as it refers to the native struggle for sovereign rights to selfdetermination and recognition of their indigenous cultures and nations.

The Western nations and Power structures cannot continue to ignore the indigenous peoples in our mostly destructive pursuit for property, wealth, and a now extinct “manifest destiny.” There are no continents or peoples left to conquer.

The last frontier is internal and spiritual, as well as political and environmental, and we must include the indigenous people in this final quest for sovereignty for all the people.

We the People have a spiritual debt to the indigenous people that can never be repaid.

Until forgiveness and healing of these transgressions are complete, there'll be no true happiness in these united states of America or any other European nation.

The Western world is riddled with guilt and shame for the deeds done in the name of “progress.”

Forty years before Christopher Columbus set foot in the Americas, Pope Nicholas V gave permission to King Alfonso of Portugal “to capture, vanquish, and subdue, the Saracens, Pagans, and other enemies of Christ...to take all their possessions and property, and to put them into perpetual slavery.”

With this document and its predecessor in Roman law (terra nullus), Pope Nicholas declared war against all no Christians throughout the world.

The United States is commonly believed to conduct its affairs in accordance with separation of Church and State. This is not true, however, with regard to the indigenous people of North America.1

“This Doctrine of Discovery, an ancient doctrine of the Christian world, still serves as the foundation of federal Indian law in the United States.”

— Steven T. Newcomb

After Pope Alexander VI heard of Columbus' successful “discovery,” he promptly issued the Inter Cetera bull on May 3, 1493 in which he declared that “the Catholic faith and Christian religion be everywhere increased and spread and that barbarous nations be overthrown and brought to the faith itself.” 2

He called on the monarchs of Spain and Portugal to subdue and convert all native lands and possessions. In essence he decreed that unconverted heathens had no rights.

Even when indigenous people signed a treaty, it was considered non-binding because they were non-entities under the Canon law. Thus generations of treaties have been routinely dishonored, and indigenous people still suffer great injustice at the hands of their conquerors. The roots of religious persecution and racism go long and deep in the united states of America, and around the world.

The U.S. supreme Court formally wrote the “Doctrine of Discovery” into the laws of the United States in the case of Johnson vs. McIntosh (1823). Chief Justice John Marshall wrote:

“Discovery gave title to the government, by whose subject, or by whose authority it was made, against all other European governments.” 3

“Indian people are still denied their rights simply because they were not Christians at the time of European arrival.”

— Steven Newcomb

Few people realize this legal distinction between Christians and the so-called “Heathens” (i.e. indigenous peoples, Native Americans, the people) is still the “law of the land” today.

Based on the Doctrine of Discovery, and the resulting federal law, the United States continues to deny indigenous people the recognition of their sovereignty and treaty rights in their own ancestral homelands of North America.

Indigenous people still have unalienable, natural law rights to complete sovereignty as independent nations. This has never been refuted in American law, although the treaty law has not been respected.4

In my analysis, the indigenous people of North America never lost their sovereignty, but were conquered and subdued to the point of annihilation. Their lands were collateralized by the federal government.

Many indigenous people, dispirited by the genocidal actions against them, temporarily surrendered to the federal system under the stewardship of the federal government.

The indigenous people can reclaim their sovereignty by disengaging from the federal government and restoring political, economic and legal sovereignty over their affairs as a nation (e.g., Onondaga Tribe in New York).

One of many steps needed to bring this immoral, although “legal,” system of colonization and exploitation to an end, the Doctrine of Discovery must be formally revoked by Pope John Paul II.

An open letter has been written and submitted to Pope John Paul II for consideration, although he has ignored the request to date.5

Another step needed to restore sovereignty is to restore “allodial” land rights as a tribe in either a “Sovereign Trust” structure, or by updating the tribal land patents.

Restoring self-reliance, tribal traditions and language, and the land-based self-sufficiency of the indigenous people, along with economic self-reliance, is the major challenge to sovereignty.

The federal United States government recognizes this sovereignty in very practical ways, for their own self-interest. Consider this excerpt from an affidavit of a former, high-level CIA operative who was responsible for developing a copy of the Inslaw software on the Cabazon reservation.

“The Cabazon Band of Indians are a sovereign nation. The sovereign immunity that is accorded the Cabazons as a consequence of this fact made it feasible to pursue on the reservation the development and/or manufacture of materials whose development or manufacture would be subject to stringent controls off the reservation.”

— Michael J. Riconsciuto 6

That the indigenous people must get these casino gambling operations, mining and other environmentally destructive industries off their reservations is essential to reclaiming tribal sovereignty.

These casino gambling operations, and other industries, are a political and economic means to control and regulate the resources of the reservations through corporate enterprising. Thus the reservations become subject to the New World Order, just like the rest of the common people of the world. 7

If they are to be utilized wisely, then the funds generated by these industries must be used to rapidly rebuild the tribal infrastructure, dissolve these corporate operations promptly, and break all ties, except diplomatic, with the federal and State governments. Any native businesses or industries that remain can be integrated into a Sovereign Trust structure.

This can be the legal instrument for implementing sovereignty in all tribal nations, and having it recognized internationally by establishing self-government under the Law of Nations.

There are over 3,000 indigenous nations, often nations within nations, that have not been recognized by the international community as sovereign nations with the unalienable rights of self-determination.

Sovereignty movements are afoot in many of the stronger tribal cultures in North America and around the world. [See Also: Global Sovereignty Movements]

Sovereignty Summary

In summary, the power of sovereignty is:

1. Based on the inherent nature of the free individual;

2. It is the source of authority from which all laws and governments arise;

3. It is based on the action of the individual being supreme;

4. It is a gift that you choose to give yourself.

Indigenous Treaty Rights

Editor's Note: Treaty law is supreme over all other laws pursuant to the Constitution. This includes treaties with indigenous people. Until We the People honor what we have promised to the indigenous people, the lies and deceit will continue unabated. We will be caught in our own lie turned inward. Honesty in all matters is imperative for sovereign people.

Indigenous nations and people have the right to secure their homelands and provide for their people.

Indigenous American people gave up vast territory and wealth under the white man's colonization.

Indigenous American people, or Indians as they are called in the statutes, were not subject to any tax.

The Buck Act (1940) excepted Indians from the levy or collection of any tax. (i.e., Indians not taxed).8 The federal United States could only tax it's “U.S. citizens.”

“Congress shall have the power to regulate commerce with the Indian tribes.”

— Constitution for the usA [1:8:3]

Indigenous nations and people have the right to have their treaties honored by the governments that negotiated them. Treaty rights in North America, and much of the colonized world, have not been honored by nation states because native people, like “U.S. citizens” today, were considered “wards of the State.”

Indian people were under the jurisdiction of the Bureau of Indian Affairs, regulated by the laws of the federal United States which were derived from the Canon laws of the Doctrine of Discovery.

From the standpoint of the federal government, the treaties were originally negotiated with “non-entities,” of “nonrecognized” nations, without Citizenship or rights of any kind, state, federal or international.

Therefore, the federal government acts as if the treaties with indigenous people are not binding, nor are the treaties with indigenous people respected the same as treaties with European nations.

As “wards of the State” without Citizenship of any kind, indigenous American people were denied access to the state and federal courts.9

Therefore, indigenous people could not challenge the violations of their treaties, nor could they compel the federal government to any specific performance.

Indigenous American people were neither sovereign “state” Citizens like the white, male property owners were, nor were they U.S. citizens of the federal United States.

Emergency power statutes permits the abrogation of Indian Treaties when any Indian tribe is in actual (or contrived) hostility.10

Could this be another convenient justification by the federal United States government for not honoring the treaties, by executing a declared state of perpetual emergency on the reservations and Indian lands? These emergency powers must be lifted and lawful, de jure governments reestablished.

“A treaty is declared to be the supreme law of

the land, and is, therefore, obligatory on courts

whenever it operates of itself without

the aid of a legislative provision.”

—U.S. vs. Peggy, 1 Crs. 103,2 L. ed. 49

Today, neither the indigenous American people, nor “U.S. citizens” have their “treaties” recognized by the federal United States. The Bill of Rights was a treaty between the sovereign state Citizens and the federal United States government, which has no effect for U.S. citizens. The indigenous American people have been robbed of their land and treaty rights by the same sovereign Power structure that is now robbing U.S. citizens of their land and treaty rights.

Ironically, perhaps karma, the very land that was stolen from the indigenous American people because of the Doctrine of Discovery is now being systematically stolen by the same old Power structure, both at home and abroad.

“The indigenous American people, sovereign ‘state’ Citizens, and U.S. citizens are being colonized, again!” Strategies for restoring indigenous treaty rights, include the following. These would be interesting test cases and have never been tried. Today, many of the indigenous American people have been issued Social Security Numbers (SSNs), or became born or naturalized “U. S. citizens.”

Indigenous U.S. citizens have civil rights, remedies, and recourse in the federal courts, and could compel performance of their treaties under Admiralty/Maritime OR Military/Martial law jurisdiction. The “law of the sea,” not the “law of the land” operates in the federal courts. Argue the treaties from the basis of an international contract in force, or the lack thereof, not from the basis of the treaty or the Common law.

Many indigenous American people, those without a Native American tribal document (which certifies that they are still a sovereign people), have recently been naturalized as “U.S. citizens.”

Although, indigenous U.S. citizens are under federal jurisdiction (just like indigenous people on the reservation without civil rights), and have “waived” their sovereignty and unalienable rights, just like other U.S. citizens, indigenous American people could restore their full sovereign rights as “state” Citizens with full state and federal constitutional and treaty rights available. By expatriating from their U.S. citizenship and naturalizing in a sovereign state, they could become sovereign “state” Citizens, and claim their treaty rights on behalf of all the other indigenous American people in their tribe through a “class action lawsuit” in the federal courts under Admiralty jurisdiction and maritime procedures. The land patents on the land ` people, and the colonized American citizen.

“A treaty is a law of the land whenever its provisions prescribe a rule by which the rights of the private citizen or subject may be determined.”

—In re Cooper, 143 U.S. 472, 12 Sup Ct. 453, 36L. Ed. 232

Seven Aspects Summary

Every aspect of sovereignty defines the realm of a responsible individual. It takes courage, faith, kindness and contentment to reach the levels of joy we are capable of in our lives.

The seven aspects of sovereignty are:

1 Attaining physical health and wellbeing;

2 Attaining emotional health and balance;

3 Practicing spiritual sovereignty and the golden rule

4 Free yourself from mental slavery;

5 Achieving economic sovereignty and financial independence;

6 Choosing your Citizenship;

7 Establishing true independence in your nation of choice.

These are the seven aspects of sovereignty. Sovereignty is an attitude. It's a way of being. It's a way of life.

Indigenous Sovereigns of North America`

Editor’s Note: There is a growing impatience on the part of` the indigenous people of North America to have their land and treaties respected by the federal, State and local` governments. It is essential that the American sovereign` “state” Citizen recognize and support the sovereignty of` indigenous peoples and their inherent right to self-determination.

In recreating a de jure government, the American sovereign` must consider the claims and restitutions due the inherent` indigenous sovereigns of North America whose lands, rights` and cultures have been systematically decimated over the` last three hundred years.

The American sovereign must honor and respect these` indigenous sovereigns, and develop diplomatic relations` with them during a long deserved period of reconstruction` and restitution.

New nations of indigenous sovereigns are being recreated` not only in North America but around the world. The time` has come where either we're all going to be sovereigns and` respect each other’s lands, rights and cultures, or we're all` going to be slaves under the New World Order.

Diplomacy - Not Perpetual War` Like the Hawai'i(an) people, and many others around the` world, the inherent indigenous sovereigns of North America` never lost their sovereignty.

Their sovereignty was not lost but suppressed, and in some` cases destroyed, through genocide.

The Constitution for the united states of America refers to` “Indians not taxed = Sovereigns not taxed.”

To this day the activities on the Indian reservations,` including casino gambling operations, are not subject to` taxation, although a desperate and bankrupt United States` government and its political subdivisions have recently` considered using national guard troops to forcibly collect` taxes on the reservations (e.g., Mohawks).

This is clearly unconstitutional as well as unconscionable.

There is substantial evidence that the sovereignty of the` indigenous people was not annihilated, although it is clearly` still under attack.

Indians Not Taxed = Sovereigns Not Taxed`

The process of reclaiming sovereignty is similar for the` indigenous sovereigns of North America, except that there` was no recognized constitutional government in place.

Instead, there were chiefs, councils, kivas, and other forms` of self-government, many of which have been functioning` for thousands of years. Such can be remedied under the Law` of Nations by consummating governments modeled after` constitutions like the Iroquois Confederacy, or their` traditional councils of elders.

The principles of sovereignty are universal and arise from` the natural and organic laws.

“It will not suffice for the Kingdom of Hawai’i to` become a nation within a nation, and to remain` dependent upon the economic and money system` that has been installed ultimately to control and` bankrupt not only the Hawai’i(an)s` but all the peoples of the world.”

— John David Van Hove,` Former Ambassador from the Kingdom of` Hawai’i to the united states of America`

These laws must be further developed and instituted to meet` the challenges of a modern colonial world still on a collision` course with the traditional cultures. But the era of` colonialism is almost over.

The indigenous peoples are beginning to effectively organize` and fight back against this historical encroachment.

Soon indigenous people will have the upper hand as the` colonial powers have systemically bankrupted themselves,` politically, economically and morally and surrendered to the` New World Order.

The sovereign indigenous nations of the world must not` make this mistake. Accepting a “nation within a nation”  status is inappropriate for a sovereign people.

So is asking for recognition by the United Nations.

Sovereign people must get off their knees and accept` nothing less than independent status — politically,` economically and legally.

Mental Sovereignty Summary`

1. In summary, mental sovereignty is:`

2. You have your own mind, your own thoughts, ideas and` conclusions;`

3. One function of the mind is for memory or storage;`

4. Another function of the mind is for focusing thought` and energy;`

5. You must train your mind to focus both intention and` attention;`

6. You must learn to make distinctions in your own mind;`

7. To embrace higher truths, our way of thinking must` shift to embrace the paradox;`

8. Mental sovereignty is about doing your own thinking` and making your own choices; 8) Come up with an` original idea in 30 days or less;`

9. Defeat all mind control systems by being vigilant and` perceptive;`

10. Reconsider political correctness;`

11. Free yourself from blind spots that keep the same old` mental patterns operating;`

12. Develop your mindset into a powerful attitude for` achieving success in your life.

News from Indigenous Nations` Onondaga Insist on Self-Rule`

The Onondaga Nation has insisted on self-rule and` independence from the federal government for centuries.

Enter the Onodaga Nation territory and you’ll enter a` foreign country.

They don’t recognize federal jurisdiction or consider` themselves U.S. citizens.

They travel freely on their own passports. They refuse to` accept federal programs that other tribes recognized as` “nations within a nation” do accept at the cost of their` sovereignty and independence.

The federal government doesn’t concede the Onondaga’s` independence and the tribe has been in numerous legal` battles with the State of New York which claims jurisdiction` over the Nation.

According to Chief Irving Powless, by western standards the` tribe lives in “poverty,” but the Onondaga’s consider` themselves blessed to be free and not accept the trappings of` civilization such as being taxed, drafted, investigated and` counted.

Chief Powless is a member of a tribal council picked by clan` mothers in a matriarchal society. He asserts there are lots of` happy, well-fed people who are firmly rooted in their` culture. “We’re still here...surviving without compromising` our position for the last 200 years.” 11`

Oneida Shoot for Economic Independence` The nearby Oneida Nation doesn’t share the Onondaga’s` strategy for sovereignty.

They are convinced true sovereignty must be built on` economic independence.

They have raked in $100 million in casino profits since 1993` and expanded their land base from 32 acres to 4,000 acres.

Being run by tribal governments installed by the Bureau of` Indian Affairs doesn’t yield an independent voice for the` indigenous people, but a mouthpiece for and cooptation by` the federal government.

Not to mention the immorality of raking in profits on` gambling and disempowerment — a prostitution of the` human spirit.

Many other tribes have gone this route, and it could be a` short-term working strategy for long-term sovereignty if` they don’t lose the heart and soul of the people in the` process.

The tribes could gain economic independence only if they` converted the financial resources into an infrastructure that` provides for self-reliance and interdependence.12`

Shawnee Declare War on United States`

On January 23, 1990, the Shawnee Reserve was violated by` an armed force which invaded the reservation in order to` steal Shawnee Indian property and impose civil jurisdiction` upon Shawnee Indian Country and the Indians thereon,` according to Chief Jimmie D. Oyler.

A recent tax levied against the Chief has prompted him to` file “Motions with Demand and Warning” to Governor Bill` Graves, the Secretary of Revenue and the Board of Tax` Appeals for the return of all Indian property and/or` monetary compensation for property, taken during the` January 23, 1990 action. He is suing for an excess of` $1,000,000.

Chief Jimmie D. Oyler and other unnamed tribal members` sent a legal warning to the “State of Kansas” that anything` short of “total compliance with the Constitution of the` United States, United States Treaties with the Shawnee and` others” shall result in total war.13` Northern Russian Federation Calls for International` Assistance Indigenous groups in the Northern Russian` Federation have called for international support for` negotiations with President Yeltsin.

The group is transmitting a call to “political parties and` movements, to the Russian public, to all people of good will,` to whom the life and rights of every nationality is dear, to` support the aims of minority peoples of the Russian North` for self preservation.”

Socio-economic conditions among indigenous people of the` north in the Russian Federation continue to deteriorate and` the extinction of the Aleut, Ket, Iganasan, Negidalets, Orok,` Oroch, Tofalar, Enets and Yukagir people seems imminent.

V.B. Shustov, General Secretary of the Association of` Indigenous Peoples of the North, Siberia and Far East, says` annexation of lands to accommodate “rapacious petroleum,` natural gas, coal, gold and non-ferrous mining interests,` without any form of just compensation to indigenous people` of the north, is threatening 29 endangered nations` representing some 200,000 individuals.

He asserts that "the transition to a market economy is` characterized by a total break down of traditional economic` activities and way of life, an uncontrolled growth of` unemployment and impoverishment, life threatening levels` of crime and alcoholism that undermine traditional outlooks` on life, sharp decline in the health of our peoples and death` rates that are one and a half times the average in the` country.”

As a result, indigenous groups are demanding the start of a` negotiation process with the government of the Russian` Federation “while it is still not too late,”" addressing the` questions of direct compensation, guarantees of traditio-nal` resource use and economic activities, social services,` economic advancement, government representation and` related issues.

Unfortunately, this strategy is flawed as it is an appeal from` an affiliated NGO of the United Nations. Although,` application for international recognition of the injustice is` well intended, it’s an appeal to the very Power structure that` created the injustice in the first place. Can you appeal to the` wolf to stop eating the chickens? 14`

Huaorari Nation Occupies Oil Platforms` The Huaorani Nation of the Ecuadorian Amazon (ONHAE)` occupied oil platforms and rigs belonging to Maxus Ecuador` Inc., according to an ONHAE spokesman, as well as Hector Villamil of the Pastaza Indigenous Peoples Organization` (OPIP). Maxus Ecuador Inc., denies that the wells were` seized, but the Quito daily newspaper reported that there are` about 100 soldiers in the area who could be used to remove` the protesters.

The Huaorani group says that despite an “Agreement of` Friendship, Respect and Mutual Support” signed between` the indigenous people and Maxus, the company's true` intentions have become manifest.

The compact was signed amidst divisiveness and deceit on` Maxus’ part , and the corporation's paternalism and` manipulation is resulting in loss of autonomy for the` Huaorani people.

As a result, the Huaorani have proposed a new agreement to` the government of Ecuador and Maxus, Inc. for the` conducting of oil exploration in “Block 16.”

The new agreement challenges the government and Maxus` to defend and protect the cultural, organizational and` territorial integrity of the Huaorani people and to guarantee` their participation in the decision making process for oil` development in their territory.

They also are requesting the corporation to coordinate its` activities with the Huaorani's own economic development` plan.16`

Indians Threaten Mass Suicide` About 250 Brazilian Indians with a tribal history of suicide` are threatening to fight to the death or kill themselves if` they're forced from a ranch in the western brush-lands.

Dozens of families of Kaiowa-Guarani Indians have lived on` the 1,230-acre ranch, 800 miles west of Brasilia, since it was` expropriated and turned into a reservation several years ago.

Earlier this year, President Fernando Henrique Cardoso` signed a decree allowing such expropriations to be contested` in court, and former owner Miguel de Oliveira sued` successfully. A judge ordered the Indians off the land. 17` Indigenous people have been exploited for generations for` the natural resources they command.

This is as true in the former Soviet Union, in Ecuador, in` Brazil, elsewhere in the world, and in the American` Southwest.

Indigenous people have understood the destruction of their` sovereignty much longer than the American patriot. We the` People have much to learn from each other.

Enough of the domination of the white race over the red,` black or yellow races. We must respect the sovereignty of all` the people of every culture and Nation.

Martial Law at Big Mountain` The Bureau of Indian Affairs (BIA) have blockaded the` annual spring Dine’ gathering on disputed territories of the` Hopi Partitioned land at Big Mountain, Arizona.

Martial law has been imposed over a large area on Black` Mesa in northern Arizona since May 15th, 1996. Operating` under the joint authority of BIA Superintendent Robert` Caroline at Kearns Canyon and by Hopi Chairman Ferrill` Secakuku at Kykotsmovi, government agents wearing flak` jackets and brandishing automatic weapons are enforcing` road closures and conducting warrant-less searches,` improper detentions, seizures of personal belongings, food` stuffs and medical supplies and intimidation of legal` residents in their homes and on their premises.

The residences of Louise and Ruth Benally in the Community` of Big Mountain, Arizona and the surrounding area, are` covered with scores of law enforcement personnel.

Violence has been reported by several area residents as` police have used batons and force to take the gathering` participants into custody. Police are now preparing to use` tear gas at the site. Many Navajo Elders are resisting arrest` as their children and supporters have already been taken` into custody.

The situation escalated as a group of Elder women` prevented the arrest of a Dine’ youth. Police then attempted` to arrest Elders who sat and clung to each other to avoid` being taken into custody. Supporters and family members` continue to arrive and confront the Hopi Rangers. The` Traditional Elders have called on the media and the` American public to come and witness the violence and the` occupation of their ancestral homelands.

Hopi Tribal authorities have also verbally threatened to` disrupt the upcoming July Sun Dances at Big Mountain.18`

Leonard Peltier Denied Parole Again` Leonard Peltiers parole was denied once again on March 30,` 1996. The United States Parole Commission (USPC) states` that regardless of the information brought back to them` from the parole officer and despite favorable recommendations` following the government's distinct concessions that` no direct evidence exists against Peltier, it is more` convenient to keep an innocent man in prison than to deal` with the controversy that might result from paroling him.

The Leonard Peltier Defense Committee urges people to` voice their outrage with phone calls and faxes.19 People of` every color have their political prisoners, those who have` fought, died or been incarcerated for their cause.

It will greatly benefit the American sovereign and all` concerned to build strategic and diplomatic relationships` with all other sovereign entities especially the indigenous` sovereigns of North America. In order to survive and` participate fully in “another world order,” the American` sovereign must humble themselves and lead the way by` facilitating the reconstruction of America.

As Bob Dylan` said, “A man not busy being born is busy dying.” The choice` is ours. Americans— grow or die!`

Sovereignty in Hawai'i Today`

Editor’s Note: For more on sovereignty in the Kingdom of` Hawai’i today, order Johnny Liberty’s Sovereign Hawai’i` (an)s Handbook. Sovereignty is alive and well in the hearts` and minds of the Hawai’i(an) people.

Here lives a sovereign people --their lands and country` taken, their language and culture usurped by foreign invaders. Yet, they are still willing to share “alo’ha” with the` foreigners who occupy this nation.

The Hawai’i(ans) are a peaceful, loving, land and sea-based` people who have accepted parts of the modern world and` integrated it into their traditions and culture.

The winds of change have arrived on these islands once` again and a window of opportunity has opened for` reclaiming sovereignty for the Hawai’i(an) people.

“In Hawai’i, the time is ripe for all` inherent Hawai’i(an) sovereigns to reclaim` the sovereignty that is rightfully and lawfully` theirs— to regain their lands, property, rights,` traditions, ancestry, culture and language.”

— John David Van Hove,` Former Ambassador from the Kingdom of` Hawai’i to the united states of America`

Today in the streets people will solemnly speak the word` "sovereignty," as if it was the liberty bell tolling for the` Hawai'i(an) people. Although they may not understand its` full context and depth, sovereignty is better understood here` than in most of North America.

Sovereignty is at the heart and soul of every human being,` where the spirit of freedom begins and ends.

> ALO’HA — with spirit or breathe.

> HA’OLE — without spirit or breathe.

Every child born in this world is a natural born sovereign` individual with the innate will to be free.

That will to freedom and transformation is actively` suppressed by the power structures, and we are` programmed by the media and our educational systems to` give up that freedom and our sovereign rights in exchange` for the illusion of security.

Although at first dependent upon the mother and the father,` then in modern times dependent on the State, a child` eventually grows into the adulthood of their fullest sovereign` potential in the maturity and wisdom of age.

We the People must cast off the shackles of our social and` educational programming by the powers that profit` immensely through systematic manipulation and control, by` those who harness our desires and will for their benefit, and` limit our visions and dreams.

The political, economic and legal powers must be brought to` task and exposed for what they really are--a massive legal` fiction of greedy pirates, organized crime on the high seas.

Their only real power comes from the massive ignorance` and consent of the people worldwide.

Sovereignty is the key issue on the planet today. Sovereignty` is to be free from any other nation's control--to have no` higher Legislature than God.

Sovereignty is not a privilege granted by one nation to` another, but a right inherent in a people. The United` Nations has proclaimed:` "All peoples have the right to self-determination; by virtue of` that right they freely determine their political status and` freely pursue their economic, social and cultural` development.”

This does not in any way imply that the authority for such` rights is derived from, or that an independent sovereign` nation must get recognition from, the United Nations. It` does not! This establishes as prima facie evidence that, even` the United Nations acknowledges the principles of natural` law and the Law Of Nations.

The Wisdom of a Queen`

 “I could not turn back the time for the political` change, but there is still time to save our heritage.

You must remember never to cease to act` because you fear you may fail.

The way to lose any earthly kingdom` is to be inflexible, intolerant, and prejudicial.

Another way is to be too flexible, tolerant of` too many wrongs and without judgment at all.

It is a razor’s edge.

It is the width of a blade of pili grass.

To gain the kingdom of heaven is to hear what` is not said, to see what cannot be seen,` and to know the unknowable— that is Alo’ha.

All things in this world are two;` in heaven there is but One.”

— Lili’uokalani, 1917 20`

Lessons for Aspiring Sovereigns`

Editor’s Note: Credit due to Estar Holmes for authoring this.

The Northwest Ordinance is the first full declaration of the` United States Government's policy regarding the Indian` nations.

It was a policy that had developed during a couple of` centuries of tribal/colonial relations and reflected the good` intentions of European common law.

The same doctrine was embodied in the act of August 7,` 1789, as one of the first declarations of the US Congress` under the new Constitution.

The common law maxims embodied in the policy were in` direct confrontation with the overwhelming desire for the` Indians’ lands though, and forty short years later, the` covetous intentions of the federal and state governments` were apparent.

“The utmost good faith shall always be observed` toward the Indians, their lands and property shall` never be taken from them without their consent;` and in their property rights and liberty,` they shall never be invaded or disturbed...”

— Northwest Ordinance, 1787` -

In 1830 Andrew Jackson signed the Indian Removal Act` into law. It was not overtly coercive, as it authorized the` federal government to send negotiators to the Indians who` would bargain for and promise to pay for Indian land if the` natives chose to sell it.

In practice though, it was a disaster, and with the` encouragement of powerful individuals and state` government's who coveted the territories, Indian resistance` to the Act was met with military force.

During those days, the Cherokee Nation held a vast area of` land within the borders of Georgia state. Considered the` most civilized of the tribes, the Cherokees had adopted a` representational form of government and a constitution` patterned after that of the United States.

Every indication pointed to the fact that they intended to` remain a sovereign nation on their ancestral territory and` that they had no plans to disappear to the lands west of the` Mississippi.

However, the State of Georgia was impatient to gain` possession of the Cherokee's lands and decided to proceed` on its own. It arbitrarily created counties, superimposed` their artificial borders over the historical Cherokee territory,` and forced the foreign jurisdiction of Georgia state laws onto` the Cherokee nation.

When the Cherokees attempted to redress their grievances` about the matter before Congress they were shunned, so` they hired William Wirt who took the issue directly to the` Supreme Court. Chief Justice John Marshall said the court` did not have jurisdiction in the case of Cherokee Nation v. Georgia on the grounds that Indians were not truly foreign` nations because they were classified separately under the` Commerce Clause of the US Constitution.

He coined a new term for the occasion, “domestic,` dependent nations.” He further asserted that individual` Indians were in a “state of pupilage,” that is, wards of the` government; and that they only retained limited aspects of` sovereignty through the treaties that had been signed.

Justice Smith Thompson vigorously dissented. He argued` that the Cherokee were an independent and sovereign` nation. Despite their status as a conquered people they must` be treated on par with other sovereign nations in their` dealings with the US Government.

He also delineated the characteristics of a legal sovereign` nation as it is still accepted in international law today: It` must occupy a fixed territory with a population over which it` exercises exclusive jurisdiction, and there must be a stable` organization to administer its affairs and meet its` international obligations.

The ink was hardly dry on Justice Marshall's opinion when a` citizen of Vermont was arrested by the Georgia militia for` residing on Cherokee land without a license.

The charges reflected the laws of the day: “...residing within` the limits of the Cherokee Nation without license or permit` from his excellency the Governor...”

Samuel A. Worcester was found guilty and sentenced to four` years in the state penitentiary. The case was appealed to the` U.S. Supreme Court where it was argued that the Georgia` law was unconstitutional and therefore void because it` violated US/Cherokee treaties and the sovereign status of` the Cherokee Nation. In a dramatic departure from the` decision in Cherokee Nation, the court agreed and reversed` Worcester's conviction. This time, Justice Marshall writing` for the majority said:` “The Indian nations had always been considered as distinct,` independent, political communities, retaining their original` natural rights, as the undisputed possessors of the land,` from time immemorial.

The settled doctrine of the Law of Nations is, that a weaker` power does not surrender its independence — its original` right to self-government — by associating with a stronger` one, and taking its protection.

A weak state, in order to provide for its safety, may place` itself under the protection of one more powerful, without` stripping itself of the right of government, and ceasing to be` a state.”

Even though the court had drastically altered its stance in` Worcester, it was the Cherokee Nation opinion that was` ultimately favored in subsequent Indian relations — much to` the detriment of those classified as “domestic, dependent` nations” and “wards of the government.”21` Reflections on the Freemen, Indigenous People and the` Common Law Editor’s Note: Credit due to Estar Holmes for` authoring this.

If we were playing a word association game and I said` “Freemen” not many people would respond with “Indian.”

But the modern patriot movement and the ongoing struggles` of indigenous people are closely linked; the word` “sovereignty” being an example of a shared value heard` about often in both camps. It goes deeper than that though.

It reaches into the fundamental concept of Common law.

Frazzled journalists must find it difficult to grasp the essence` of the patriot community's discussion of Common law,` lapsing instead into simple demonizing of the Freemen; a` treatment they may well deserve — but not in the media.

Mindless sensationalist sound bites are cheating the people` out of one of the more interesting cultural discussions to` come along in a while. (Yes, even better than the O.J. trial).

It's true that most of us have no idea what the Common law` is supposed to be.

Our state and federal constitutions say it's the law of the` land — except when replaced by statutes. The patriots say it` has its foundations in the Bible. But even a cursory` excursion into the vibrant venue of the Common law court` phenomena currently sweeping the patriot community, will` reveal fundamental disagreements over details about how to` revive the Common law in our nation.

There is a consensus however, that it must be revived, which` is only natural.

The popular support the militia-patriot movement has been` enjoying (despite media attempts to make it look stupid) is` due to a common sentiment that a fictitious (i.e., corporate)` entity is encroaching on peoples liberties by leaps and` bounds.

Some have already been choked by it; their traditional life` ways and beliefs have been threatened and disrupted.

They have been colonized, so to speak, by an invading power` — the corporate/political and global elite. It occupies with` force of rules, regulations, tribunals and army of officers.

The founding fathers of America knew that the right of the` people to live, move and have their being was rooted in their` own organic law.

They also knew if people were to loose touch with that` organic law, the country would be vulnerable to invasion` from armies without, or an incursion by a corporate state` from within.

So they wrote documents and set up a government designed` to preserve the organic relationship of the people to each` other.

They relegated the federal government to ten square miles` and a few outposts so that it was prohibited from interfering` in that organic relationship. It was a wise arrangement.

At the heart of the Common law the people carried across` the sea were two universal principles that when ignored,` always cause hardship and sorrow. These are:`

1) Do all you agree to do;`

2) Do not encroach on other people or their property.

It is a cruel paradox of history that many of the colonizers` forgot to apply their lofty principles to everyone, especially` when everyone else knew the Common law rules too, and it` was obvious who was breaking them.

However, it is still an incontrovertible fact that those same` Common law breakers knew how valuable the Common law` was. Let's face it; this country was established by radical,` white, narrow-minded men who had some very good ideas.

Such good ideas in fact, that people from all nations still` clamor to come here, sneaking in if they have to. And all of` us here are quite content to pursue our right to happiness on` this finagled land and to plead the lst, 2nd, 5th, or whatever` Amendment happens to embody the solution to our` desperation.

There is another fundamental principle in Common law,` that of restitution.

Instead of denying the fact that this national castle is built` half on the rock of Common law, and half on the sands of` usurpation, we must apply the law to our own breach by` confession and restitution.

After all, we are all beginning to understand how` uncomfortable it is to be colonized.

All people share the fundamental characteristics of` identifying with their groups, which are described by` language, culture, tradition, beliefs, morals and relationship` to property — both real and personal.

The Common law springs from spiritual morals and` philosophical principles and it preserves the sphere of` common interaction for all societies.

This is as true for white patriots in Montana as it is for the` brown Ye’kuana of Venezuela, who incidentally are very` unhappy about a UN biosphere reserve being foisted upon` them. Sound familiar?

The conversations of colonized people tend to resonate from` nation to nation and tribe to tribe as they strive to hold on to` the things that uniquely identify them.

Note for example the similarities between the following` statements taken from the Abya Yala News, the journal of` the South and Meso American Indian Rights Center, and the` often repeated comments of the radical patriot community:`

“They have superimposed artificial` and arbitrary borders over a cultural` and historical geography;` they have tricked us into thinking` we can obtain justice in their courts;` they have undermined the peoples’` justice systems;` they define us with legal language that does` not define the nature of our character;` democratic fictions...enable(d) the oscillation` between democracy and dictatorship;` true Indian liberation will begin` when we assume our condition` of immemorial identity, when we abandon` the entities of the national states` that dilute and disavow us.”

Only those who have been thoroughly re-educated by the` occupying powers insist on perpetuating the illusion that the` corporate state represents the interests of the people and` their commons.”

Notes and Sources`

INDIGENOUS SOVEREIGNTY`

1. Quote sourced from Steven Newcomb, author of an` essay, A Matter of Religious Freedom.

2. Ibid.

3. Ibid.

4. Ibid.

5. Steven Newcomb, Birgil Kills Straight, Maria` Braveheart Jordan; Quote from an Open letter to Pope` John Paul II.

6. Sourced from Rodney Stitch, Defrauding America` (1994), p.389.

7. See also Indian Gaming Act of 1988; 300 tribes in 27` states.

8. Title 4 USC §§105,106; See also Title, Rights Are Not` the Same by Rafe Mair (regarding the Haida` sovereignty movement).

9. See also Corpus Juris Secundum,7 CJS at par. two, for` the definition of "wards of the court.”

10. Title 25 USC §168.

11. Sourced from Ann Botticelli, Honolulu Advertiser;` Review by Estar Holmes, NANS, Spring ‘96, p.19.

12. Ibid`

13. Sourced from NANS, Spring ’96 p.19.

14. Sourced from Russian Federation Association Of` Indigenous Peoples Of The North, Siberia and Far` East; 117876 Moscow, ul. Stroitelei, 8, k. 2, kom. 707;` Tel: (095) 930-7078. Sourced from PeaceNet: May 19,` 1996; peacenetinfo@igc.apc.org ; Reviewed by Estar` Holmes.

15. Quote sourced from the Gathering of Native Writers,` Artists & Wisdom Keepers at Taos, New Mexico, Oct` 1418, 1992.

16. Sourced from PeaceNet: Glen Switkes, May 17, 1996;` saiic@igc.apc.org (South and Meso American Indian` Rights Center); Reviewed by Estar Holmes, NANS,` Summer ‘96, p.18-21.

17. Sourced from The Register Guard.

18. Sourced from PeaceNet iitc@igc.apc.org (International` Indian Treaty Council); Reviewed by Estar Holmes.

Contact: John Abalone Walsh, Native American` Support Group, 3594 Pleasant Echo Dr., San Jose, CA` 95148, (408) 223-1650. E-mail: Abalone@ableza.org` Dineh Alliance at (520) 607-1449, or the Treaty` Council News at (520) 770-9754.

19. Sourced from Peltier Defense Committee. Contact:` Leonard Peltier Defense Committee, P.O. Box 583,` Lawrence, KS 66044.913-842-5774; fax913-842-5796.

Email:lpdc@idir.net; Website: https://www.unicom.net/peltier/i` ndex/html`

20. Sourced from Hawai’is Story by Hawai’is Queen by` Liliuokalani (Mutual Publishing 1990).

21. Sourced from NANS, Summer ‘96, p.63.

22. Sourced from NANS, Spring ‘96, p.67.