Advocating for Native Rights: a Constitutional Imperative

Bartolomé de Las Casas, a 16th-century Spanish colonist turned Dominican friar, provides a harrowing account of the brutal treatment suffered by Native Americans at the hands of European colonizers. In his writings, he details the mass slaughter and enslavement of indigenous people, highlighting the severe hardships they endured, such as starvation on ships and separation from their families. Pearl diving, a perilous practice forced upon the Natives, resulted in countless deaths. These atrocities were perpetrated by individuals who professed to be Christians, yet their actions starkly contradicted the biblical principle of loving others.

Las Casas condemns these acts, asserting that they led to the spiritual demise of many Natives, who died without ever knowing God.

The dehumanizing terminology used by colonizers, such as "heathen" and "savages," served to justify the mistreatment of the Natives. Roger Williams, in "Christenings Make Not Christians," interprets "heathen" in a biblical sense to mean someone who is not saved, a label that could apply to individuals from any nation. The term "savages" similarly fails to capture the complexity and intelligence of indigenous cultures. Hernán Cortés, in his "Second Letter to the Spanish Crown," describes the sophisticated markets of the indigenous people, while Christopher Columbus, in his "Letter of Discovery," attributes any lack of understanding to inexperience rather than a deficiency of intelligence. These derogatory terms stemmed from a lack of understanding of the cultural differences between indigenous people and Europeans, a point eloquently illustrated by Benjamin Franklin in "Remarks Concerning the Savages of North America." Franklin notes that in areas such as hospitality and social conduct, Native societies often surpassed European standards.

Recognition and Respect

Samuel Sewall, in "The Selling of Joseph: A Memorial," argues that Natives, as descendants of Adam, deserve the same rights as Europeans. Therefore, the Constitution should enshrine their fundamental rights, including the freedom to practice their religion, the right to self-govern, the autonomy to maintain their trade systems, and the right to inhabit their ancestral lands. Religious freedom, in particular, should be protected as long as it does not infringe upon the rights of others. While Hernán Cortés notes the practice of human sacrifice among Natives, such practices should be prohibited under the Constitution as they constitute murder. However, banning a Native group's entire religion would mirror the oppressive actions of the British monarchy, as Franklin discusses in "Rules by Which a Great Empire May Be Reduced to a Small One."

The Constitution should also guarantee the Natives' right to self-governance. Historical precedents demonstrate that indigenous and European governments can coexist peacefully and maintain strong relationships, as Canassatego notes in his "Speech at Lancaster." Pontiac's "Speech at Detroit" further illustrates the harmonious partnerships that existed between the French and indigenous people, in contrast to the English, whose disrespect for Natives led to conflict. Franklin's observations in "Remarks Concerning the Savages of North America" reveal the complexity of Native council meetings, indicating their capability for self-governance. Mutual respect and open communication could foster a positive relationship between these groups.

Furthermore, an equitable trading partnership between Europeans and Natives should be established. Cortés praises the structured markets of the Natives in "Second Letter to the Spanish Crown," and the Constitution should recognize and incorporate these systems. Columbus, in his "Letter of Discovery," describes instances of Europeans cheating Natives, a practice that should be explicitly prohibited. Tecumseh's "Speech of the Osages" also highlights the unscrupulous trading practices of Europeans. By prohibiting such practices, the Constitution would lay the groundwork for a successful trading partnership.

Land and Legacy

The right of Natives to live on their ancestral lands must also be protected. Canassatego, in his "Speech at Lancaster," reminds us that Natives inhabited the Americas long before European arrival. Tecumseh, in his "Speech to the Osages," recounts how the Natives assisted the Europeans upon their arrival, contributing to their success. However, the relationship has been marred by European greed and disrespect, as Tecumseh laments. Canassatego describes an incident in which a European attempted to defraud Natives in land negotiations. Respecting land treaties and acknowledging the Natives' historical presence in the Americas are critical steps toward ensuring their right to remain on their lands.

In conclusion, the Constitution must enshrine the rights of Natives to self-governance, religious freedom, fair trading practices, and land ownership. Recognizing the humanity of the Natives and treating them as equals to Europeans is essential for fostering a functional and mutually beneficial relationship. Through mutual respect and open dialogue, indigenous people and Europeans can build a harmonious future, honoring the rich history and contributions of Native cultures. The Constitution must serve as a framework for justice, equality, and recognition of the rights that the Natives rightfully deserve.

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