“Don’t Forget Medicaid”

See the whole thing from Congressman Chris Murphy of Connecticut:

“As we wait for the white smoke to emerge from the ‘grand bargain’ negotiations at the White House, most Americans are already aware of the Republicans’ plan to dismantle and privatize Medicare and Social Security. But what many people may not realize is just how dangerous it would be to slash funding for a program that 60 million Americans rely on for their basic health care needs: Medicaid.

“While it seems that just about every major industry or interest group has teams of lobbyists in Washington looking out for them, some of our most vulnerable citizens simply don’t have a voice in a town where unfortunately, money still talks the loudest.

“Why? Medicaid covers only the impoverished and disabled, so it lacks a traditional advocacy base. This may be news to Republicans — but most poor people I know are spending all their time trying to find a job and put food on the table.”

Lumbee Indians near Federal Recognition

That’s Heather Locklear‘s tribe.*  They believe they do it by swearing-off casinos they say they’ve never been interested in anyway.  Like my Nanticokes and many other East Coast tribes who’ve borne the brunt of the colonization of what is currently the U.S. the longest, Lumbees have been heavily intermarried for many generations. 

Issues around racialism, after 518 years of European-American politician and governmental influence and oppression, have unfortunately penetrated parts of America’s Native community also, hence the references in some WWW comments to certain Tribes or individuals as Black or White or “Wannabes,” attempting to deny their Indianness.  This is despite the claim of U.S. “Indian Law” and every Federally-Recognized Tribe that their Sovereignty gives them the inherent right to regulate their citizenship just like any other nation; tragically this basic U.S. law is contradicted by other laws, such as Congressionally-supported regulatory Recognition criteria requiring a nearly-Amish level of endogamy thruout the Tribe’s recorded history, and remaining in a small geographical area, despite the violent, racist, anti-Indigenous, economic, and cultural pressures of the Settler polities.  (Their own Common Law stipulates that a criminal should not profit from his crime, yet these crimes go studiously and dishonorably unpunished in a tradition as old as British settlement here.)

Anyway, Many Years to the Lumbee Nation!  And their website!

*–(Locklear is a frequent surname among Lumbees.)

Insurance cos. promote abortion to save money, killing disabled babies?

Looks mighty suspicious here.  I speak as a disabled person!

IOTM also to ask who’s more “disabled”: a person with special needs who maybe drives his family and neighbors and teachers and acquaintances crazy … or a world that would rather do without us?

“Suffering”?  I know a little about that subject, though definitely not as much as many of us disabled.  But killing us in the wombs of our mothers denies us even the chance that we’ll struggle and overcome it, or others will cure it or at least lessen our suffering.  Who ever said life was supposed to be free of suffering?

I also speak as an Eastern Orthodox Christian.  In original Christianity suffering has an honored place: it can make us more like our Founder, who suffered a bit Himself.  I don’t mean ‘Suffer like Jesus suffered’ — that’s just masochism.  But Orthodoxy teaches that suffering* may help cure us of our own will and inadequate understanding … and Orthodoxy itself directs us to the Will and Understanding of One Whose Will and Understanding are infinitely perfect.  In fact, many ancient Christians envied the original Holy Martyrs, and found the real and difficult Struggle was ordained for those who lived in the Faith to a ripe old age.  Furthermore, Orthodoxy says that even though we Orthodox with long-term illness/disability might not or ought not, for instance, participate in the Church’s fasting rules and Traditions (i.e., abstaining from certain foods at certain times), God Himself has as it were fitted us with this special ascesis to purify us of sinfulness,** He has allowed this to happen to us.  Some admired, sick Orthodox have taken this teaching so to heart that they have ceased desiring to be cured — again, understanding that it may be easier than the “normal” Orthodox ascetic spiritual path, and blessed by God.  If I may paraphrase St. Raphael of Brooklyn, ‘Man — or demons — may have meant this to me for bad, but God means it for the good.’  Orthodoxy also still teaches that miracles do happen, by the Graciousness of God.

(I don’t say this as someone who has reached such wisdom or dispassion himself yet.  But it does seem most reasonable.)

I also have some expertise in Western Christian ethics or moral theology.

As for calling aborting someone saving his or her life, that reminds me of “destroying the village to save it,” or “killing the Indian to save the man” — real Orwellian, and I don’t say this lightly to a rabbi who survived the Holocaust, even as an infant.  More than 40 million Americans have been electively aborted under color of law, few without the dubious benefit of genetic testing of them or their parents.  Now it’s being sold to us as a large-scale, historic, positive good?

(*–This is ‘redemptive suffering.’  In Peace Studies they talk about some “myth of redemptive violence,” which however I never heard of till then.  Violence does not redeem!  [And real “martyrs” don’t die killing others intentionally, even vengefully!])

(**–Orthodoxy also remembers and teaches that all creatures suffer sinfulness from the first moments of their lives, thanks to the choice of our first parents — what one Western wag once called “Christianity’s only self-evident doctrine.”)

Black Indians at Smithsonian

Specifically, the National Museum of the American Indian.  Fascinating, maddening, enlightening, racist and anti-racist, historical and anti-historical discussion among the Comments, too!

Here’s the exhibit’s website.

Speaking as a controverted Nanticoke (who doesn’t qualify for Indian Assn. membership at this time AFAIK) who also likes his Irish background too, the U.S. Metis Identity movement looks more and more appealing….

We hold this truth to be self-evident

The opening line of the U.S. unilateral Declaration of Independence of 1776, “We hold these truths to be self-evident,” ISN’T!  If they’re self-evident, you don’t have to say you hold them to be so: they simply are so.  “The lady doth protest too much, methinks!”  Certainly they went on to deprive myriads of their fellow Colonial residents, Native Americans, and Africans of their “unalienable rights of life, liberty, and the pursuit of happiness”….

Was England’s claim to N. America pre-empted by Norway?

At its recent Church convention, the Episcopal Church of the United States, traditionally America’s branch of the Anglican Communion, denounced the late-medieval “Discovery Doctrine” which encouraged / justified (Western) Christian nations’ annexation and exploitation of newly-discovered non-Christian lands, nations, peoples, and persons.  This appears to be at this time an unofficial or ‘semifinal’ version of the adopted resolution, minus the strikeouts.  They also call on the Successor of one royal perpetrator of this legal doctrine, in her capacity as “Supreme Governor” of their Sister Church, the Church of England, Queen Elizabeth II, to also repudiate it … for their government lobbyists to press overturning this legal basis for a kind of suzerainty over Native American Tribes with the U.S. Government … and for their member dioceses and adherents to support Tribes’ struggles for their God-given rights as Indigenous Nations.

As Wikipedia relates, this “doctrine” backed-up Western European overlordship of Indigenous Peoples not previously Christianized.  Commonly it was considered for the “heathens’ ” own good, as well as providing cover for all the depredations Indigenous have suffered at their hands and those of their “legal successors,” including the United States, down to the present.  More to the point, also for the seizure of their lands and resources, especially all the gold that was rumored to be here.  I don’t know enough about the claimed legalities beyond this, for Spanish- and Portuguese-claimed territories … but for English, “the rule of law,” i.e., the English Common Law, eventually developed at least a legal fiction of respect for existing inhabitants of lands they were interested in acquiring, as having actual legal rights to or in those lands, as long as they lived in them — rights to which ambitious English rulers and explorers needed to at least pay lip-service.  (Remember, this is the system wherein the lawyer asks his client, “What do you WANT the law to say?”!)  This was an evolving thing, as I’ve said previously here.

American relevance was nailed down (supposedly) by Chief Justice John Marshall in an 1823 case.  He stated that on the plot of land at issue, in Illinois, England/Great Britain had “discovered” and taken precedence over the Natives, whether directly or by treaty(!) from France, and the United States succeeded to British “rights” therein.  Therefore, Native Nations had limited rights to their own lands and resources, Britain/America having ultimate determining legal authority, at least vis a vis other European powers.  The idea included reducing the Europeans’ habit of going to war with each other; Indigenous didn’t matter!  (Though England came preferring to acquire their rights by “treating with them,” i.e., treaties — even if these, too, often became “legal fictions”!)

Here’s Marshall’s language I want to focus on (emphasis added by me):

The states of Holland also made acquisitions in America and sustained their right on the common principle adopted by all Europe. They allege, as we are told by Smith in his History of New York, that Henry Hudson, who sailed, as they say, under the orders of their East India Company, discovered the country from the Delaware to the Hudson, up which he sailed to the 43d degree of north latitude, and this country they claimed under the title acquired by this voyage.

Their first object was commercial, as appears by a grant made to a company of merchants in 1614, but in 1621 the States General made, as we are told by Mr. Smith, a grant of the country to the West India Company by the name of New Netherlands.

The claim of the Dutch was always contested by the English — not because they questioned the title given by discovery, but because they insisted on being themselves the rightful claimants under that title. Their pretensions were finally decided by the sword.

No one of the powers of Europe gave its full assent to this principle more unequivocally than England. The documents upon this subject are ample and complete. So early as the year 1496, her monarch granted a commission to the Cabots to discover countries then unknown to Christian people and to take possession of them in the name of the King of England. Two years afterwards, Cabot proceeded on this voyage and discovered the continent of North America, along which he sailed as far south as Virginia. To this discovery the English trace their title.

In this first effort made by the English government to acquire territory on this continent we perceive a complete recognition of the principle which has been mentioned. The right of discovery given by this commission is confined to countries “then unknown to all Christian people,” and of these countries Cabot was empowered to take possession in the name of the King of England. Thus asserting a right to take possession notwithstanding the occupancy of the natives, who were heathens, and at the same time admitting the prior title of any Christian people who may have made a previous discovery.

Here’s the problem: Since around the Millennium, North America* had been “known to the Christian people” of Norway, as mentioned here.  The Norse main settlements were in Greenland.  But knowledge of the lands to Greenland’s west is undeniable from approximately then, which was about the same time those colonists became Christians.  Even if you give no credence whatsoever to my foster-kinsman St. Brendan, Carthaginian Early Christian monks in Connecticut, the alleged succession of Catholic Titular (absentee) Bishops of the village of Gardar, Greenland and Vinland, and as-yet-undiscovered Icelandic Sagas, etc etc etc, living knowledge came down to the first Lutheran bishop of Greenland before he attained to that title by venturing there in 1721 in hopes of rescuing the many-centuries-old and long-isolated colony from Catholicism(!–or Orthodoxy!!) or apostasy … not finding them (as far as he knew!) … and setting out to evangelize the Native Inuit (Eskimos) instead(!).

But Britain did not treat with Norway or Norway’s sometime sovereign Denmark for any of its North American rights (under European law), nor did it acquire them “by the sword.”  Now, it is not currently known that any Norse (or their Mixed-Blood descendants) survived here until 1492 or ’96.  However, the Cabots’ charter did not say, as later English ones, “not actually possessed by any Christian prince,” merely “unknown to all Christian people.”  Christian Norway’s “knowledge” of this northern landmass may have been obscure at that time, but it was knowledge:  Norway “discovered” North America before England did!

So what?  As one commentator to the story at the website of the newspaper Indian Country Today reminds us all,

Just better be careful that you don’t also overturn our sovereignty while overturning Johnson v. M’Intosh. Too many times, an unideal but working scenario gets scrapped when ‘reformers’ come in and start changing things. I present as evidence term limits, ‘independent’ legislative redistricting and other such ‘reform’ scenarios that have contributed mightily to the current state of ideological gridlock that grips both federal and state governing bodies.

I know enough about law and history, and more about courts, judges, lawyers, and politicians, to take this counsel seriously!  Also, although today Norway is a rather politically correct place, who knows about the future?  Is it a case of The Devil You Know over The Devil You Don’t Know?!  Though it might be interesting to see Washington and Ottawa have to re-negotiate their independence with PC Oslo!

One might say that Norway has never pressed its claim, challenging Britain, France, Sweden, the Netherlands, or anybody else.  But with the discovery of the Sagas and their settlement at L’Anse aux Meadows, Newfoundland, in a possibly-improving climate of International Law and politics, especially Norway being a NATO ally of both the U.S. and Canada (and let’s remember the last bits of New France), Norway itself may have a “Native Claim” needing respect and recompense!  Even the US Supreme Court awarded huge money to the Lakota for the Black Hills!

No one ever said the ‘Piskies don’t know how to make life interesting sometimes!!!  😉

(*–Presuming Marshall is associating Spanish and Portuguese “discoveries” with OFF North America.)

Aboriginal Title: Today’s word is…

USUFRUCT.  (Sorry, I grew up too Catholic to pronounce it that way! 😉  )

This is the Common Law principle on which is based the occasional English and successor Settler States (USA, Canada, Australia, I know for certain, maybe others) practice of deigning, that is to say condescending, to let Aboriginal Peoples in “their” countries retain (I say retain) certain rights with regard to their “former” territories and their tribesmembers.  It’s the theoretical basis of Reservations, remnant fishing / trapping / hunting / subsistence rights, regard for Tribes’ Sovereignty (to attempt to put it into European terms), Native Treaties, Lands Held in Trust (including royalties [at 18th-century rates]…if only Uncle Sam can remember where he put them!), etc.

The alternative might well have had to be full military defeat, actually wiping out all our ancestors … genocide in its simplest, bloodiest sense — I’ll say it — ala Hitler.  And I deduce that conundrum is where the idea came from, IOW, Settler convenience, politics, occasional conscience.  The earliest case I know of — though I’m no professional historian — where English courts upheld native legal status is only The Case of Tanistry in the early 1600s.  Here the Irish lost by winning (300 years before they won by losing!): the court employed traditional Irish Brehon Law to cheat a rightful traditional clan chief of his chiefly lands in favor of English-Law inheritance previously unknown among traditional Irish … four-and-a-half centuries after first invading.  My current point being, the English certainly have become experts at riding roughshod over Irish culture (which is why 1998’s Good Friday Northern Ireland Peace Agreement was such a monumental reversal for them).  I guess they didn’t always enjoy how hard it was, and so decided to take a (slightly) less harsh approach in Quebec and North America beyond (to the frustration of the greedy and anti-Catholic eastern seaboard “Founding Fathers”), and Down Under.  (In New Zealand, the Treaty of Waitangi is even considered technically part of the national constitution!)

Anyway, as Merriam Webster reminds us, a usufruct is Europeanly-considered technically only temporary — in our case, until the “death” of each Native Nation, envisaged by (unconstitutional) Blood Quantum laws, mandatory dispersion and exogamy, ethnic/racial cleansing, culturecide, divide-and-conquer, even leaving Tribes with the worst-quality land around on which to survive, as well as what I compare to illegal and unjust “constructive eviction” in attempting to claim a Native Community “abandoned” a temporarily-disused right or plot of land.*  Conveniently, the U.S. has never recognized Mixed-Bloods as such, as Canada has in its Métis since just 1982, otherwise Native Nations might never die!

(*–The Settlers of Maryland Colony did this to my Nanticoke people.  Once they interpreted an Abandonment Clause in a colonial treaty to mean temporarily going up the Susquehanna River for their traditional annual hunt relinquished one of their Reservations: But when they arrived to find one elderly man guarding the otherwise-empty village, they burned him alive in his home.)