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It’s Only Natural
Before I begin, I must state this disclaimer.
I am not an attorney, and for this I am grateful.
However, in the field in which I work obligates
me to have a certain degree of knowledge of
statutory law, which has more than its share of
problems for the “average citizen”, and
especially for us, the Indigenous peoples of the
land. This article is essentially part two of a
previous article I wrote titled, “Binding Back Mind Control – Indigenous Justice”. In this continuation, the topic will cover codes of behavior that are inherent in Nature that Lawmakers arrogantly attempt to legislate. Some points made in “part one” will be reiterated for the sake of necessity. This is by no means comprehensive. It is a brief synopsis of a “serious problem”, with a pointer, so-to-speak, to “serious solutions”, if we are willing to face the challenges head-on.
There is an unpleasant adage used by law enforcement that serves to “feed the potential” for a dangerous, and Orwellian “police state”: “Ignorance of the Law is no excuse.”
The above quote carries an ominous implication, as well as, the equally ominous fact of the workings, and the *cant* of the American judicial system, and the lawmakers that “create the rules” as they go along.
Before I cover the reasons behind my “indictment” of the American judicial system, the following should be noted for contrast.
Aboriginal Law is based on the Laws of Spirit and Nature. Let us suppose that a tribal member is accused of a serious crime. A “trial” will be held, but not within the criteria of “American justice,” which is adversarial, with an absolute obsession with “proof of guilt” by a vindictive justice system, and a picked jury not necessarily the “peers of the accused.” Said system is linear, with “the state” on one end, and “defense” on the other, with a centralized figure (the judge) sitting above the two sides like a deity in a black robe; and the “jury of [one’s] ‘peers’” picked (deliberately biased) to decide the fate of the accused, deserved or not. Within the natural context of Aboriginal Law, the case is heard and deliberated in circle, truly comprised of the peers of the accused. The outcome of Aboriginal justice is not simply a determination of innocence or guilt, for the accused tribal member will have already established his or her own responsibility, but rather:
Prevention of Further Abuse
“TRUTH, JUSTICE, HEALING, RECONCILIATION AND PREVENTION OF FUTURE ABUSES ARE SACRED.”
~Professor James Craven (Omahkohkiaaiipooyii), Blackfoot
The American “justice” system is all about winning; aboriginal justice is about reconciliation and healing.
The abovementioned example brings me to the cant of the American judicial system, and the legislative construct of these as a whole. First, I wish to re-share the definition of the word “cant”:
*Cant: 1. Hypocritical and sanctimonious talk, typically of a moral, religious, or political nature: he had no time for the cant of the priests about sin 2. Language specific to a particular group or profession and regarded with disparagement: thieves' cant…
hypocrisy, sanctimoniousness, sanctimony, humbug, pietism, affected piety, insincerity, sham, lip service, empty talk, pretense. © Oxford Dictionaries
As Indigenous peoples, we generally understand that every Living Being upon Mother Earth (human and non-human) have natural and inherent inalienable rights as the children of The Great Spirit. While we may have fallen short of that knowledge/wisdom, especially in relations to “other” tribes, the foundation and principles were there to develop an intertribal understanding of that Sacred truth, as seen among the formerly warring tribes of the Haudenosaunee (People of the Longhouse – Iroquois Six Nations Confederacy). Taking the natural rights of the individual on a tribe-to-tribe case scenario, every man, woman, and child were free to be who and what the Creator made them to be. There were no legislations to make it so; it just was (and hopefully, is), under Spiritual and Natural law.
The American legislative tendency to make what should be natural common sense behaviors into statutory mandates has terrible *blowback (serious and negative repercussions) that affect public reactions in the worst possible ways. In this arbitrary, and often unjust and cruel system, when the rights of certain groups are legislated, the rights of others will inevitably be violated, especially by those whose rights have been “legislated”. Politicians will “follow the winds that blow” when it affects their chances for re-election. Like the criminal justice system, it is about winning, not about doing what is right.
There are things that just cannot be legislated, despite political arrogance to do so. Morality cannot be “legislated”, as hard as the politicians might try. Natural Law is pure common sense. No one commits murder, rape, et al., unless they have no common sense. If crime is on the rise, it is simply because the statutory Law stands in contradictory opposition to the common sense of Natural Law.
“IGNORANCE OF THE LAW IS NO EXCUSE” does not justifiably apply to statutory Law. Due to the arbitrary, and often conflicting and contradictory, design of the American legal system, what would not get you into trouble yesterday could land you in jail today. Also note that there are American “institutions”, such as, “the ownership of another human being (i.e. slavery) were perfectly “legal”, yet it was, and is, inarguably wrong. When Native peoples were granted sovereignty over their lands (laughably held in “trust” by the U.S. Government) via legislation (Treaties take precedence over federal, state, and local Laws), said sovereignty was never truly granted, as the federal government, and its corporate accomplices, still give themselves license to take tribal lands for the resources beneath the Earth. With American statutory Law, “For as long as the grass grows, and the rivers flow” really means, “…until we strip your land of grass and we dam and pollute your rivers.”
When human rights are legislated, there is no guarantee either of adherence to, or enforcement thereof. As with the tribes, every legislation made to “protect the environment”, or to “protect animal rights” is weak and easily overturned by Presidential Executive Orders; Acts of Congress; and by the Supreme Court. These points of what pass for “Laws” are nothing more than legalized predation.
“IGNORANCE OF NATURAL LAW” is justified by the immutability of natural design. Moreover, it should be noted that in the days of our Ancestors, children were taught from earliest age to respect Earth, Sky, and All Our elations In Between. Our Ancestors understood very well the consequences of violating Natural Law. Our peoples not only considered all parts of Nature as Relatives. We took only what we needed, but more importantly, we gave back. There was no trophy hunting, sport fishing, deforestation; there were no profits made at the expense of Mother Earth, or the Relations upon the Earth. No, our Ancestors were not perfect, but they learned Sacred Ways to restore balance when balance was lost. Every ceremony learned and practiced were in accordance with Natural Law, and so, they were very effective.
Things changed when Europeans from various nations came. With these strange Relations came “imports”, both good and bad; some downright terrible. One of the “imports” was * Jurisprudence, a “philosophy of Law, or legal system” that contributed to the attempted annihilation of the Indigenous populations throughout the whole of Turtle Island, now called America, as well as, the exploitation and blatant desecration of Sacred Lands. Despite our attempts to adapt, utilizing the American “legal system”, very seldom did we win, for as mentioned throughout, statutory Laws are arbitrary, contradictory, confrontational, and downright unjust and cruel. We became prey to Laws based on two fraudulent foundations: “Doctrine of Discovery”, and “Manifest Destiny.”
American Jurisprudence was, and is, used to essentially deify the White man over all other races deemed “inferior.” This statement is not intended as a racist “dig.” It is a well documented fact, coming from the writings and speeches of the likes of George Washington, Thomas Jefferson, Oliver Wendell Holmes, Theodore Roosevelt, L. Frank Baum, Ronald Reagan, and too many more to count, with a few exceptions, like Harry Truman and John F. Kennedy.
Every form of genocide, from mass murder to forced sterilizations, to cultural and documentary genocide, were legislated under American “Jurisprudence.”
“Indians and wolves are both beasts of prey, tho’ they differ in shape.”
“If ever we are constrained to lift the hatchet against any tribe, we will never lay it down till that tribe is exterminated, or driven beyond the Mississippi… in war, they will kill some of us; we shall destroy them all.”
“My original convictions upon this subject have been confirmed by the course of events for several years, and experience is every day adding to their strength. That those tribes cannot exist surrounded by our settlements and in continual contact with our citizens is certain.
They [i.e “Indians”] have neither the intelligence, the industry, the moral habits, nor the desire of improvement which are essential to any favorable change in their condition.
Established in the midst of another and a superior race, and without appreciating the causes of their inferiority or seeking to control them, they must necessarily yield to the force of circumstances and ere long disappear.” (Bracket emphasis mine)
In the state of Washington, Quinault President Joe de la Cruz responded (*to Ronald Reagan’s senseless remarks to university students in Moscow, Russia in 1988):
“The president is like a lot of Americans who do not understand the United States’ own Constitution and the reason for *treaties*, which are part of *the Law of the land*. That is because American history does not teach the part that the Indians played in the formation of the U.S. Constitution.” (Emphasis mine)
From: Indians, Insanity, and American History Blog
“As eugenics became more popular, *sterilization Laws* were adopted in *many states*.” (Emphasis mine)
Need I say more? You will notice, I suppose, that the commentaries on the “American legal system” are more comprehensive than those on Natural/Aboriginal Law. The reasons are stated above. In summary, American Jurisprudence is complicated, even convoluted in the worst possible ways. The “system” supports an oligarchy, while the poor always pay the price. Natural Law is simple, even if not easy because people are people, no matter the race, color, culture, et al. Simply put, when living by Natural Law, we who adhere to it can declare: When it comes to doing what is right… it’s only natural.
All my Relations