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Pastimes : Let's Talk About Our Feelings!!!

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To: The Philosopher who wrote (42205)	6/29/1999 2:20:00 AM
From: Brumar89	Read Replies (2) of 108807

The Native American never believed that they owned the land, so we couldn't have stolen it. Actually they just had a different (communal) concept of ownership. They always maintained they owned their territory and our government has never disputed that formally, except for a very brief period during the Articles of Confederation period. Nobody owned it. That was contrary to their belief system. We found something that nobody else owned, and took ownership of it. Sorry, I feel compelled to butt in when I see nonsense in place of historical reality. The federal government has acknowledged the prior title of Indian nations since Pres. Washington's time. And was pretty scrupulous up to the 1880's about about being legally correct in purchasing title through treaties of cession. Of course, virtually none of these purchases were "fair and square". Coercion, corruption, and sometimes warfare was common and the compensation was ridiculously low. Nevertheless, most (though not all) U.S. territory was legally purchased from it's acknowledged owners by the federal government. Given the vast disparity in population and power between the U.S. and the Indians something like this was inevitable. This doesn't apply to the allotment period beginning in 1887 and continuing up through 1934. During this period, allotment was generally imposed on tribal governments and tens of millions of acres were declared "surplus" and "sold" by the government acting as trustee to itself at $1.25 per acre. Much of this was valuable oil land in Oklahoma, which is probably why the allotment policy was adopted in the first place. These would have amounted to unconstitutional "takings" forbidden by the 5th amendment except for the plenary power doctrine recognized by the Supreme Court (Lone Wolf v. Hitchcock, 1903). The plenary power doctrine basically says Congress has unlimited power to do anything with Indians and their property it wishes.

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