Thanksgiving Treasures, Pilgrims Progress
By Paul Davis
As I prepared for Thanksgiving and sought to delve deeper into our national history, I found a wonderful painting from Benjamin West. I also discovered a brief write-up by Ann Urhy Abrams on the significance of the painting which is here below in the following three paragraphs.
In 1682 shortly after venturing onto his new American territory, William Penn met chiefs of the Lenni Lenape or Delaware tribes under great elm at Shackamaxon to sign a treaty of mutual consideration and peace. In exchange for gifts, it is said, the chiefs agreed to sell their land to the Quaker leader whom they called “Brother Onas,” the native word for “pen” or “quill.”
This meeting was historically significant because from it came the first legal agreement between Europeans and Native Americans. Penn’s generosity, so the legend goes, was rare, for no other European settlers had made such friendly overtures to the natives or agreed to pay for land that had been legally ceded to them by the British government.
Almost a century later, the legend was memorialized by the famous American painter Benjamin West in William Penn’s Treaty with the Indians When He Founded the Province of Pennsylvania in North America.
William Penn sought first to be a Christian before being an American. Penn, the founder of Pennyslvania, said: “If men will not be governed by God, they will be ruled by tyrants.”
William Penn knew all too well the fallibility of governments. Penn wisely stated: “Governments, like clocks, go from the motion men give them; and as governments are made and moved by men, so by them they are ruined too.”
On January 1, 1681, William Penn wrote to a friend concerning the land given to him, declaring he would: “Make and establish such laws as shall best preserve true Christian and civil liberty, in all opposition to all unchristian…practices.”
The next three paragraphs I found when searching U.S. Constitutional case law online. It has been taken from Find Law for Legal Professionals. It is a vital part of our Colonial history that we should remember and revisit.
Prior to any European contact, Indian tribes owned and occupied all of the land that now comprises the United States. The growing presence of agents of European countries, the displacement of Indian tribes resulting from war or otherwise and the establishment of non-Indian settlements began to raise questions about the nature of ownership and title to lands. The United States Supreme Court first examined these issues in Johnson v. M’Intosh , 21 U.S. (8 Wheat) 543 (1823). Chief Justice Marshall concluded that the tribes held their lands by “Indian title.” This gave the tribes the right to occupy the land and to retain possession of it. 21 U.S. (8 Wheat) at 574. However, he also concluded that “discovery” by European governments vested in those governments the “ultimate dominion” in the land subject only to Indian title. Id . Thus, the capacity of the tribes to convey title to their land was limited to the discovering government. These principles of Indian title have endured over time.
They were more recently summarized:
It very early became accepted doctrine in this Court that although fee title to lands occupied by Indians when the colonists arrived became vested in the sovereign - first the discovering European nation and later the original states and the United States - a right of occupancy in the Indian tribes was nevertheless recognized. That right, sometimes called Indian Title and good against all but the sovereign, could be terminated only by sovereign act. Once the United States was organized and the Constitution adopted, these tribal rights to Indian lands became the exclusive province of the federal law. Indian title, recognized to be only a right of occupancy, was extinguishable only by the United States.
Oneida Indian Nation v. County of Oneida , 414 U.S. 661, 667 (1974).
Treaties between the United States and Indian tribes became a primary means of extinguishing Indian title and opening lands for settlement. Indian treaties were recognized as “not a grant of rights to the Indians, but a grant of rights from them - a reservation of those not granted.” United States v. Winans , 198 U.S. 371 (1905). Tribes would typically cede vast territories to the United States in exchange for some measure of consideration and, at the same time, reserve some of its aboriginal territory for its continued occupancy as a homeland. These tracts became known as “reservations.”
When you consider how the United States government basically stole the Indians land and then tried to justify it through the “highest and best use” theory of real estate, it shows and reminds us that not everything we do in the name of America is morally right. Despite our media and military machinery we do err and make mistakes. Undoubtedly stripping the Indians of their land and making the black man till it remains a dark part of our national history.
William Penn, according to legend, gives us a bright and encouraging past to revisit with his dealings with the Indians. One thing is for sure. We who live in the USA should be thanking God for our land. It came at a great price and sacrifice.
Paul Davis is a life coach (relational & professional), traveling minister and fitness trainer. Paul is the author of several books including Breakthrough for a Broken Heart; and God vs. Religion. Paul is a popular worldwide keynote speaker, creative consultant, humor being, adventurer, explorer, mediator, minister, liberator and dream-maker.
Paul’s compassion for people & passion to travel has taken him to over 50 countries of the world where he has had a tremendous impact. Paul has served in many war-torn, impoverished and tsunami stricken regions of the earth. His nonprofit organization Dream-Maker Ministries is building dreams, breaking limitations and reviving nations.
Paul’s Breakthrough Seminars inspire, revive, awaken, impregnate with purpose, impart the fire of desire, catapult people into a new level of self-awareness, facilitate destiny discovery and dream fulfillment.
Contact Paul to minister, speak at your event or for life coaching: RevivingNations@yahoo.com, 407-967-7553.
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