By Dr. William Sassman, M.Div, Ph.D.
[email protected]
(Guale, Yamassee, Comanche, Mechica, Creek, Seminole, Shushini, Akaiachak of Alaska, Mennefer Tanasi, Xi Anu Washitaw et al.)
Full faith and credit shall be extended to tribal court judgments and protection orders vide 28 United States Code Section 1738 and 18 United States Code Section 2265, respectively. The question of whether a tribe is a federally recognized tribe, a treaty tribe, or a tribe with no treaty and with no federal recognition shall gain no traction in God’s Law, Ancient Tribal Codes and Natural Law.
Tribes have inherent sovereignty predating European contact acknowledged, recognized and approved by the Papal Bull Sublimus Deus of 1537; the Royal Proclamation of 1763; the Northwest Ordinance of 1787; Article 1, section 8, clause 3 – the Indian Commerce Clause, U.S. Constitution; and all statures and federal court decisions that are not inconsistent with God’s Law, Ancient Tribal Codes and Natural Law.Proof of Indian ancestry or evidence of Indian adoption (25 United States Code, Section 372a) shall suffice to consider any person as an enrolled tribal member of any tribe.
Money judgments shall be sent to the Tribal Collections Lawyers for swift closure and conclusion with 90 days of award of such judgments.Money judgments may also be sent overseas for collection under existing treaty law with some nation-states which shall invoke the Uniform Foreign Money-Judgments Recognition Act of 1963 to enforce their judgments from an overseas bank.Nontribal governments, agencies, instrumentalities, corporations, societies, non-government organizations (NGOs) are advised to be fully cognizant of federal Indian law as memorialized in Felix S. Cohen’s Handbook of Federal Indian law.Appeals from all tribal court judgments shall be reviewed by the Tribal Council of Elders.These Rules will undergo changes as and when applicable or necessary.
RECIPROCITY OF NON-TRIBAL COURT ORDERS, JUDGMENTS AND DECREES
Tribal courts may render reciprocity for orders, decrees and judgments from non-tribal courts on a case-by-case basis if one of the parties is an enrolled tribal member; Due diligence shall be performed by tribal courts to ascertain, examine and determine if natural law, the maxims of equity, tribal law or federal Indian law are being compromised, or at variance with settled and consecrated legal principles that defines tribes and tribal members; Tribal governments wish to live in peace and harmony with their non-tribal neighbors per treaty law, and every effort shall be expended to accommodate non-tribal orders, decrees and judgments in the interests of justice, order and law.
Tribal courts and non-tribal courts shall endeavor to find solutions and remedies to cross-jurisdictional issues based on treaty law and international law in the event federal Indian law or federal common law are in conflict with settled law germane to ancient tribal codes, natural law and tribal law.
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Genocide-at-Law: A Historic and Contemporary View of the Native American Experience, 34 U.Kan.L.Rev.713 (1986)
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Emmerich de Vattel, The Law of Nations, or the Principles of Natural Law 116 (Classics of International Law 1916) (Charles G. Fenwick trans. Of 1758 ed.
Red Man’s Land/White Man’s Law 29 (Charles Scribner’s Sons 1971) by Wilcomb Washburn
Dutch Treatment of the American Indian, With Particular Reference to New Netherland, in Attitudes of Colonial Powers Toward the American Indian 47 (H. Peckham & C. Gibson eds., Univ. Utah Press 1969)
Puritan Justice and the Indian: White Man’s Law in Massachusetts 1630-1763 at 50 (Wesleyan Univ. 1986)
The Dark Side of Efficiency: Johnson v. M’Intosh and the Expropriation of American Indian Lands, 148 U. Pa. L. Rev. 1065, 1077 (2000).
Power Over this Unfortunate Race: Race, Power and Indian Law in United States. Rogers, 45 Wm. & Mary L. Rev. 1957, 2026, 2029 (2004)
At the Whim of the Sovereign: Aboriginal Title Reconsidered, 31 Hastings L.J. 1215, 1224-1225 (1980)