Challenging the
“Doctrine of Discovery”
Religious Roots of Cultural
Imperialism and Environmental Destruction
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| The beginning of the invasion of the Americas by Europeans. From 1492: What Is It Like to Be DIscovered? (Deborah Small with Magie Jaffe, Monthly Review Press). |
The “Doctrine
of Discovery,” which legitimizes the enslavement of non-Christians by Christians
in the Western Hemisphere and the taking of their lands, is a religious and
legal concept that originated with Papal Bulls (letters from the Pope) issued
in the 15th century. In particular, two bulls, the Law of Nations of 1452 and the Inter
Caetera Bull of 1493 (written only a few short months after Columbus’
return to Spain), authorized the Kings of Portugal and Spain to exploit Africa
and the Americas for slaves and lands to enrich the Catholic Church. At the
time it was understood that Christianity had to be promoted throughout the known
world at all costs.
In May, 2005 I attended a meeting at the United Nations organized
by Indigenous people from across the US to discuss the devastating consequences
of the “Doctrine of Discovery.” The panel included Tonya Gonella Frichner, founder
of the American Indian Law Alliance; Oren Lyons, Faithkeeper of the Onondaga
Nation; Esmeralda Brown, Southern Caucus of Non-Governmental Organizations;
Alex White Plume, Oglala Nation; Birgil Kills Straight, Oglala Nation; and Steven
Newcomb, Indigenous Law Institute. Because those Papal bulls were rooted in
cultural imperialism, the Holy See of the Vatican has been called on for twenty
years to rescind them. The evidence is clear that, even though these bulls were
written over 500 years ago, it is of urgent concern to all Indigenous people
that they be rescinded.
Basis of US Law
US law rests on the “Doctrine of Discovery,” particularly around
issues of land title. The Doctrine justified the taking of land from the original
inhabitants of the Americas. Writing in 1823 for the Supreme Court ruling in
Johnson v. McIntosh, Chief
Justice John Marshall said the doctrine meant that “unoccupied lands” were those
“lands occupied by Indians, but unoccupied by Christians.” Since then the “Doctrine
of Discovery” has been regularly cited by legal scholars (Henry Weaton, B.A.
Hinsdale, and George Grafton Wilson) and in court decisions.
Another key decision was Tee-Hit-Ton
v. United States (1955), which evoked the concept of “Manifest Destiny,”
justifying Protestant immigrants taking land in the name of their Christian
god. Then, in the Supreme Court decision Sherrill
v. Oneida Indian Nation (March 29, 2005), Justice Ginsberg, arguably
the most liberal justice on the court, wrote the decision against the Oneida
Nation’s claim that their purchasing land which had been illegally taken by
New York State could restore it to their aboriginal territory. The first citation
in that decision was the “Doctrine of Discovery.”
Enormous Consequences
The 15th century Papal Bulls assumed
the superiority of Christianity over all other religious options. Although the
precedent of religious intolerance had been set in Christian’s interactions
with Jews and Muslims previous to the “Age of Discovery,” intolerance rose exponentially
when Europeans engaged with Indigenous people. Interactions with non-Christians
in the Americas were never genuine inter-cultural exchanges but cultural appropriations.
The Europeans’ first action on landfall was taking possession of the land on
behalf of European monarchs. They placed two flags in the sand—one for the King
and one for the Church.
The legacy of the “Doctrine of Discovery” has been devastating. Intractable
social problems of racism, religious intolerance and a bourgeoning environmental
crisis are directly tied to it. The varied belief systems of people throughout
the world are becoming homogenized into a single, imperialist worldview. The
traditional Christian worldview that humans are to dominate and subdue the
earth has lead to environmental degradation at an alarming rate of speed.
Rescind the Bulls
While calling for the revocation and rescinding of these 15th century bulls is clear for the Indigenous peoples of the world, it
is just as clear a necessity that those of us who are Immigrant people join
in this appeal to the Vatican. Europeans, escaping tyrannical rulers in Europe
by coming to the Americas, benefitted profoundly from their associations with
Native Americans. For example, blessings of new foods, new forms of leadership
(including our democratic principles), and ideas about women’s rights flowed
to European-American inhabitants from their Indigenous neighbors.
Unfortunately, I predict that the Vatican will not seriously entertain
the call to rescind the 15th century Papal Bulls. It would be seen as a sign of weakness to admit
that Christianity is just one religious option among many others. Most religions
in the world readily acknowledge that there are wide divergences of worldviews.
Diversity is a fact of life which allows life to continue. The Church only demonstrates
its weakness by promoting a single authentic religious view. All genuine inter-cultural
interaction proceeds from the humble assumption that no human being, no culture,
no religion has all the answers to life’s questions.
Phil is a Professor of Religion
at Syracuse University and a member of Neighbors of the Onondaga Nation.
