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The Doctrine of Discovery is Denounced

By Debra Staab

The old adage “finders keepers, losers weepers” might be a valid description for the “Doctrine of Discovery,” a doctrine based on three edicts put out between 530 and 571 years ago by Pope Nicholas V in 1452, Romanus Pontifex in 1455, and Pope Alexander VI in 1493.  The decrees stated that when Christians explored new lands, they were free to “discover” or claim sovereignty over those lands under certain conditions. The primary condition was that the land had to be vacant, in this case specifically meaning that it was uninhabited by other Christians.  The fact that non-Christian indigenous peoples lived in the territory did not preclude the conquest and subsequent colonization of those lands.  Although these decrees were nullified by the Vatican in the mid-1530s, the impact of widespread colonialism continued unabated. Most well-known explorers operated under the Doctrine of Discovery such as Columbus, Cabrillo, Portola, De Anza, and many others. The Doctrine of Discovery provided legal, political, and religious justifications for seizure of a great deal of property, including most of California and our very own Bay Area.

The double-edged sword of the Doctrine of Discovery was that not only could lands and resources be seized, but the natives living there were to be purposefully converted into Christianity. In the eyes of the Catholic Church, all peoples who did not believe in church doctrines were considered heathens and were to be brought to the Christian faith. Those who refused might be driven away, enslaved, or even killed.  

The Muwekma Ohlone Tribes of the Bay Area had practiced their own religion, called Kuksu, for ten thousand years.  They worshiped nature including the sun, the seasons, water and rock features, plants, and animals, etc.  They held ceremonies with music and colorful dancers who sang prayers and made offerings to the spirit world.  The Christian settlers did everything they could to eliminate Kuksu, called it barbaric, and made every effort to baptize as many Natives as possible into the Catholic faith.

In 1823, the United States government acknowledged the original validity of the Doctrine of Discovery after the Supreme Court upheld the practice as a valid legal precedent when ruling on Indian affairs.  It was used again in a 2005 Supreme Court case to deny the Oneida Indian nation of New York the ability to regain their land.  In a shift from the older ways Deb Haaland, a Native American, has served as the 54th U.S. Secretary of the Interior since 2021. Her role includes oversight of the Bureau of Indian Affairs, a department that once forced her people off their lands.  Sec. Haaland promotes social justice between Tribes and community leaders, as well as environmental care and conservation.

The United Nations established a Permanent Forum on Indigenous Issues which addressed the Doctrine of Discovery in 2012.  The group condemned the papal decree as a completely unjust way to eliminate the culture and livelihood of native peoples.  They agreed to fund programs that put the topic in perspective regarding social justice, reconciliation and peace, and ideas about how governments and indigenous people can work together.

In 2023, Pope Francis referenced the Christian mandate of respecting human dignity, and he officially denounced the Doctrine of Discovery saying, “The Catholic Church therefore repudiates those concepts that fail to recognize the inherent human rights of indigenous peoples, including what has become known as the legal and political 'doctrine of discovery.' " He went on to voice support for the U.N. charter on the Rights of Indigenous Peoples.  The Pope had also apologized to Canadian Indigenous peoples for the systemic abuse of Native children at Catholic-run schools after a damning report exposed their deplorable practices.  After the Pope’s ruling, one supportive priest summed up the decision when he said, "It renounces the mindset of cultural or racial superiority which allows for that objectification or subjection of people, and strongly condemns any attitudes or actions that threaten or damage the dignity of the human person."

https://www.gilderlehrman.org/history-resources/spotlight-primary-source/doctrine-discovery-1493 

https://aila.ngo/issues/doctrine-of-discovery/ 

https://scholarworks.sjsu.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=8189&context=etd_theses 

https://www.npr.org/2023/03/30/1167056438/vatican-doctrine-of-discovery-colonialism-indigenous#:~:text=Nearly%20500%20years%20after%20papal,part%20of%20the%20Catholic%20faith.

https://www.un.org/esa/socdev/unpfii/documents/2012/News%20and%20Media/EN%20Fact%20Sheet_Doctrine%20Discovery.pdf

https://www.washingtonpost.com/lifestyle/2023/07/17/deb-haaland-road-to-healing/ 

https://www.muwekma.org/photo-gallery.html

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