Live data from Hacker News

The Treaty That Forced the Cherokee People from Their Homelands Goes on View

smithsonianmag.com

41–50 of 80 posts

Re: The Treaty That Forced the Cherokee People from Their Homelands Goes on View

#41
post #2

It was not until 1924 that all Native Americans became US citizens. Prior to that they first had to give up tribal affiliation to gain US citizenship.

Which is totally reasonable. You can't follow two sets of laws at once.

I'm an (for now) EU citizen, and British citizen.

Further, laws depend upon which country you are in, not citizen of. If I Followed UK law in the US, I wouldn't get very far.

Re: The Treaty That Forced the Cherokee People from Their Homelands Goes on View

#42
post #25

Earlier quoted context omitted.

Which is totally reasonable. You can't follow two sets of laws at once.

Sure doesn’t seem like it’s constitutionally sound. If they’re born in the country, they’re citizens. Personal affiliation isn’t specified in the constitution or its amendments.

Elk v Wilkins (1884) was the constitutional position at the time. Indians were not deemed "subject to the jurisdiction of" the US, as required by the 14th Amendment.

Re: The Treaty That Forced the Cherokee People from Their Homelands Goes on View

#44

So, out of curiosity, do these treaties belong to the public domain now?

That depends on the meaning of “these treaties”. The texts have probably been in the PD forever, assuming they were drafted by government lawyers (somewhat likely judging by the content), because everything created by the federal government is. Barring that, copyright would have long expired. So go ahead, I really want to see an adaptation of Indian law to VC term sheets.

The physical documents are not PD, because the concept has no meaning in the physical realm.

Photographs are works separate from the objects they show, but the same limitation as to government works as above applies.

Re: The Treaty That Forced the Cherokee People from Their Homelands Goes on View

#45
post #13

Earlier quoted context omitted.

> the treaty violates the U.S. Constitution I am not a constitutional law expert, but I believe that under article 6 section 2 (the supremacy clause) treaties are held to be equal to the constitution. Thus, there is a very high bar for a treaty to by nullified based on contradicting the constitution. There is very little case law on this, and I believe the only instance in which an international executive agreement (…

[flagged]

> This is why I'm ashamed to be an American.

Then don't be. No one is forcing you. Just leave.

Yes, terrible things were done in the founding of America, but terrible things happened all over the world throughout history (including between warring native tribes). But what we need to take from this isn't that our ancestors were horrible human beings, but that they did wrong things and more importantly, we need to strive to learn from it, not repeat their mistakes and generally be better people.

> the current property "owners" are criminal trespassers in my view.

Then pretty much every single American is a trespassers because basically the entire United States (or North America in general) was settled by native American before the Europeans "discovered" it, and in most cases, they didn't sell them their land.

Re: The Treaty That Forced the Cherokee People from Their Homelands Goes on View

#46

I wonder what things would be like if the European settlers hadn't displaced the indigenous Americans. (If the American Indian way of life evolved and was still predominant today.) It's an interesting mental exercise.

There is an alt-history story (whose title I wish I could recall) about an American time traveller who goes back to visit a young Alexander of Macedon and his tutor Aristotle. To disguise the origins of his superior science he pretends to be from a far province of the Persian empire. Upon his return to his own time he is shocked to find a largely agrarian US still populated exclusively with its indigenous peoples - the European invasion has not happened. The conclusion is that Aristotle, and by extension the entire classical intellectual movement, was so intimidated and overwhelmed to discover this visitor's vastly greater scienctific knowledge that their own curiosity was extinguished, and hence Western civilisation was stillborn.

Re: The Treaty That Forced the Cherokee People from Their Homelands Goes on View

#47

Earlier quoted context omitted.

In Mexico rural indigenous peasants were treated as subhuman garbage. White landowners pretty much did what they liked: murder, rape, theft, kidnapping, forced labor, mass-murder, destruction of whole villages, forced relocation, ... Within living memory, indigenous people would have their property stolen or destroyed by Spanish-speaking thugs with no legal recourse, would be forced into labor, would be murdered or r…

By the way, why did Southern states import slaves from Africa instead of enslaving local people?

South Carolina was founded as a rice-growing colony to supply food to the sugar-growing colonies in the Caribbean. They bought enslaved agricultural workers from west Africa because they had the skills to grow rice more effectively. Rice wasn't native to the Americas, so buying natives wouldn't have resulted in the significantly higher rice yields.

----

sidenote: They also bought people who knew how to cultivate indigo for dyes. This meant that indigo was the dye most-available for the continental army in 1775.

Re: The Treaty That Forced the Cherokee People from Their Homelands Goes on View

#48
post #40

Earlier quoted context omitted.

Which is totally reasonable. You can't follow two sets of laws at once.

ITT: you're all feeding the troll.

Sure, he's a racist troll, but as someone else pointed out the portrait of Andrew Jackson hangs in the Oval Office for exactly the same purpose. How to avoid "feeding" that one?

Re: The Treaty That Forced the Cherokee People from Their Homelands Goes on View

#49
post #35
post #2

It was not until 1924 that all Native Americans became US citizens. Prior to that they first had to give up tribal affiliation to gain US citizenship.

Native Americans had Spanish citizenship almost 300 years earlier and also retained their lands, affiliation, and culture under the law of the Spanish Empire.

Incorrect. For example:

https://en.wikipedia.org/wiki/Mission_Indians

“Spanish explorers arrived on California's coasts as early as the mid-16th century. In 1769 the first Spanish Franciscan mission was built in San Diego. Local tribes were relocated and conscripted into forced labor on the mission, stretching from San Diego to San Francisco. Disease, starvation, over work and torture decimated these tribes.”

Re: The Treaty That Forced the Cherokee People from Their Homelands Goes on View

#50
post #32

Earlier quoted context omitted.

Which is totally reasonable. You can't follow two sets of laws at once.

The European immigrants likely had dual citizenship, so why not the Native Americans? It was extremely unfair and served no purpose. And regarding your point under two laws. Any American citizen living overseas has to follow both US law and local law. Its not difficult. You don't even need dual citizenship to be in this situation. If the constitution said nobody could have dual citizenship, like Japan as one of many…

>It was extremely unfair and served no purpose.

It definitely served a purpose--to attempt to wipe out tribal identity and force assimilation.

That being said, dual citizenship was outright banned during most of the 19th and 20th centuries.

To this day naturalized citizens symbolically renounce their former citizenships.

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen"

Post reply on HN