Alfred Maurice de Zayas Quotes
You cannot turn the clock back, you cannot give the island of Manhattan back to the indigenous, but on the other hand, you can ensure that the indigenous can maintain their way of life.
Alfred Maurice de Zayas, Writer, historian, & expert in human rights and international law, United Nations Independent Expert on the Promotion of a Democratic and Equitable International Order (also known as Special Rapporteur, President of PEN International Centre, United Nations News: “UN expert on democracy highlights importance of free expression, information”
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This is an important quotations for two reasons. First, one of the white Europan myths in the colonial era was that the Native America had not concept of land ownership and title. This quotation clearly refutes that/ Second, this shows that some Europeans coming to the new world opposed the view that the white Christians and a moral right to the Native American “heathen” land. A few like Williams did not.
While Jefferson was clear on this point, there were other forces and points of view that did not recognize Indian rights and were prepared to use force to obtain Indian lands. These, together with some Indians who made bad and sometimes corrupt bargains and treaties ceding land, produced the loss of most of the Indian land in America.
He was referring to the fact that he had blocked the Meech Lake Accord preventing the Canadian Constitution being amended to recognize French-Speaking Quebec as a separate nation within Canada, but ignoring the Indians.
There was then legislation proposed to to nullify a number of Indian treaties. Indians themselves were divided as to the desirability. Mrs. Roosevelt favored negotiations and discussions with each tribe separately regarding their treaties as opposed to the proposed legislation which treated the tribes monolithically when indeed they were 500 separate tribes with different cultures, needs and desires.
Jackson refused to obey this decision, He was the only American President who disobeyed a Supreme Court Decision. In doing this, he killed tens of thousands of Indians, allowed the Southern Whites to steal most of the Cherokee land. His Indian Removal, contrary to this Supreme Court decision, was the worst case of ethnic cleansing in the history of the United States.
This quotation is the most hypocritical statements made by any President in his Inaugural Address. Jackson would not only flip flop on this principle and force the Indians (Cherokee and the Trail of Tears) to remove from their traditional lands in the East, but the Federal Government by Treaty was obligated to guarantee the sovereignty of the Cherokee land. What even made Jackson’s actions worse, was that the Cherokee had won their case before the Supreme Court, and Jackson became the only President in American history to refuse to enforce a Supreme Court decision that the Cherokee were entitled to their traditional land.
The whites had constantly encroached on the Cherokee land which was too large for any reasonable patrolling by the Indians themselves. The Federal government persuaded the Cherokee to sign a treaty by which the Indians would give up their title to the larger part of their land. The most important quid pro quo was that the Federal Government would protect the remainder of the Cherokee land from incursion by whites or even other Indians. However, whites who coveted the land started to encroach and build farms and ranches. The Federal government was reluctant to use American soldiers against American citizens and was looking for a way out. However, the Cherokee chiefs were reminding them of their obligation. The state governments were less concerned about Federal treaties, and Georgia passed a law that said that all the Cherokee land must be governed by State Law contrary to the Treaty which gave the Cherokee total sovereignty. But the Feds were not anxious to have a showdown with the states on this issue. Whites, with the connivance of the state governments and the support of some Federal Officials offered to amend the treaty with the Cherokee. The whites would pay the Indians fair market value for their land in the East. The Federal Government would provide equal amount of land in the Indian Territory of Oklahoma, then a territory. The Feds would assist with the relocation and provide troops to protect the Cherokee from thieves and raiders—whites and Indians, and would guarantee that the Cherokee would be completely sovereign in the new land. The chief’s did not want to renegotiate the old treaty—they just wanted it enforced. The Supreme Court ruled in their favor, but President Jackson, ignored the ruling and forced the Cherokee onto the Trail of Tears for Oklahoma and the whites took over the valuable Cherokee land.
Alfred-Maurice de Zayas is an American lawyer, writer, historian, expert in the field of human rights and international law and retired high-ranking United Nations official. From 1 May 2012 to 30 April 2018 he served as the first UN Independent Expert on the Promotion of a Democratic and Equitable International Order (appointed by the United Nations Human Rights Council).
