From Popes and Pirates to Politicians and Pioneers: Papal Bulls, Political Bull, Legal Fictions & other Con Games By Richard Sanders n 1496, John Cabot (Giovanni Caboto) received a license from IHenry VII to “conquer, occupy and possess.” This piracy contract came with an important religious ca- veat. The king only gave Cabot “full and free authority, faculty and power to … find, discover and investigate whatsoever islands, countries, regions or provinces of heathens and infidels,…which before this time were unknown to all Christians.”1 (Emphasis added.) Three years earlier, Pope Al- exander VI issued a bull,* Inter Ca- etera, that gave Spanish and Portu- guese kings “full and free power, au- thority, and jurisdiction of every kind” over all lands “discovered” by their envoys, as long as no Christian collage: richard sanders king had claimed them before Christ- Papal Bull Inter Caetera mas of 1492.2 Floating on a sea of papal bull and blown by the winds of imperial hubris, Cloaking war and worldly Canada’s founding, corporate pirates were armed to the teeth with greed with a zeal for religious con- the vainglorious social narcissism of both church and state. version and the training of Indians in “good morals,” the pope’s 1493 edict de- ..., and the kingdoms, dukedoms, prin- of the Church and of their Highnesses; clared that God’s greatest pleasure was for cipalities, dominions, possessions, and we shall take you, and your wives, and Catholicism to be “increased and spread, all movable and immovable goods ... children, and shall make slaves of them, and to reduce their persons to perpetual … and we shall take away your goods, that the health of souls be cared for and slavery, and ... appropriate to himself … and … the deaths and losses which that barbarous nations be overthrown.” and his successors the kingdoms, duke- shall accrue from this are your fault, Recognizing that in the “countries already doms, … possessions, and goods, and and not that of their highnesses, or ours, discovered are found gold, spices, and to convert them to his… use and profit.4 nor of these cavaliers [horse-mounted very many other precious things,” the pope (Emphasis added.) soldiers] who come with us.6 gave the “kings of Castile and Leon,” and In 1455, his whole passage was repeated, While agents of the English and their “heirs and successors, … forever … almost verbatim, in yet another papal bull French crowns who were contracted to all rights” to “all islands and mainlands called Romanus Pontifex.5 seize control of “Canada” were not re- … discovered and to be discovered.” In- After 1513, when Spanish conquis- quired to read out such ridiculous procla- ter Caetera also awarded a trade monop- tadores “discovered” Indigenous people, mations of their genocidal intentions, they oly to the conquerors by saying the Church they were legally bound to read out an of- did share the crazed fanaticism of their “strictly forbid[s] all persons … to dare ficial proclamation, in Spanish, called “El Spanish and Portuguese counterparts. All … to go for the purpose of trade or any Requerimiento.” It began with a lesson in these Catholic kings believed they had the other reason to the islands or mainlands history: God “created the heaven and the moral, religious and legal authority to arm … discovered.” The pope concluded his earth;” all humans are descended from thugs to cross oceans to seek out Indige- bull with a dire threat. Anyone daring to Adam and Eve; popes are ordained by God nous peoples, seize them as slaves, plun- “infringe, or with rash boldness contra- to lead “the whole human race;” and the der their possessions and claim dominion vene” the Church’s divine edict, would “in- pontiff “made donation of these isles and over the vast tracts of land they inhabited. cur the wrath of Almighty God.”3 Terra-firma” to the Spanish crown. The With its self-righteous bulls, the A precedent for this decree was native people who heard but could not Catholic Church gave European kings the Pope Nicholas V’s Dum Diversis bull of understand this gibberish were then or- religious cover stories needed to conse- 1452 which gave Portugal’s king dered to “acknowledge the Church as the crate their holy wars against the so-called free and ample faculty … to invade, ruler and superior of the whole world.” “enemies of Christ.”7 In so doing, Christi- search out, capture, vanquish, and sub- Then came the not-so-fine print of this sur- anity sanctified a brutal renaissance in the due all Saracens [Muslims] and pagans render-or-die threat: spread of imperial culture. Long euphe- whatsoever, and other enemies of Christ But if you do not do this, … we shall mized as the “Age of Discovery,” this glo- * Papal bulls are decrees, charters or letters powerfully enter into your country, and rification of invasion, mass captivity and patent issued by Popes. “Bull” comes from shall make war against you …, and shall armed robbery marked the beginning of subject you to the yoke and obedience the seal (bulla) used to authenticate them. our modern era. With papal charters in Fall 2017 (Issue # 69) Press for Conversion! 19 P hand as pretexts to expand their sovereign- A ty, European kings issued lucrative con- P
tracts to glorified pirates who sailed off to BULL
A pillage foreign lands and “discover” peo- vs. ples to be conquered and enslaved. L While it is tempting to believe that we have morally and legally evolved be- B yond such reprehensible doctrines, such a U leap of faith would be mistaken. The Dis- L covery Doctrine is not just a bygone relic of long-lost antiquity. As Manitoba’s Ab- L SITTING original Justice Inquiry stated: Since the beginning of the Age of Dis- covery, European states have engaged Alexander VI relentlessly in the process of divesting national and international levels, and binding on Indians today,” he said, because indigenous peoples of their lands, and lies at the root of the violations of in- have sought to justify and legitimate “certain white men in the past, duly au- digenous peoples’ human rights, both thorized by the monarchs of Christendom, this practice through the use of the doc- individual and collective. This has re- trines of discovery, occupation, adverse are said to have ‘discovered’ the ances- sulted in State claims to and the mass 11 possession, conquest and cession. On appropriation of the lands, territories tors of present day Indians.” the whole, domestic courts have either and resources of indigenous peoples …. Newcomb suggested a new spin on ignored or generally misapplied and This ... has resulted in the disposses- an old definition posited by British legal misinterpreted these doctrines in their sion and impoverishment of indigenous discussions of ‘Aboriginal title,’ philosopher John Austin in 1831. While peoples, and the host of problems that Austin said laws were “commands, backed thereby upholding the status quo of they face today on a daily basis.9 Aboriginal dispossession …. by threat of sanctions, from a sovereign, The doctrine of discovery has been — As Steven Newcomb, Shawnee/ to whom people have a habit of obedi- and still is—rigorously advanced by Lenape co-founder of the Indigenous Law ence,” Newcomb said law is the “habit of various authors, jurists, legal scholars, Institute, said in 2016, “the doctrine of obedience to a person or group of people nation states and domestic courts as the discovery is an ongoing language system who pretend to a higher authority over oth- foundation upon which English, Cana- of domination that is still being used ers.” He also said that “to kick the habit of dian or American sovereignty in North against our Original Nations and Peo- 8 obedience to a system based on religious America is based. ples.”10 In 2003, Newcomb described U.S. The United Nations Permanent racism,” people “must call into question” federal Indian law as a language system the “‘pretension’ of conquest” and chal- Forum on Indigenous Issues reported in “comprised only of words and ideas” that 2010 that the “legal construct known as lenge the state’s “pretension of a higher is based on the “pretension” of the Doc- authority over Indian nations on the basis the Doctrine of Discovery” has been trine of Discovery. The “legal pronounce- institutionalized in law and policy, on of religious racism.”12 ments ... regarding Indians are considered The Canadian Legal Fiction of Original Crown Occupancy By Patrick Macklem, professor of law, covery and settlement. One expression and and by and large it did not confer actual University of Toronto, and former consti- consequence of the sovereign power of the grants to landholders. These fictions were tutional advisor to the Royal Commission Canadian state is that Aboriginal territo- developed to rationalize the existing pat- on Aboriginal Peoples. rial interests are governed by Canadian tern of landholdings in England, and they law. served this purpose well .... uring the period of initial Euro- Based on the legal fiction that the Although the Crown was imagined pean contact and colonial expan- Crown was the original occupant of all the as the original occupant of all of Canada, Dsion in North America, it was ac- lands of the realm, Canadian property law actual Aboriginal occupants were not rec- cepted practice among European nations holds that the Crown enjoys underlying ognized as owning their land as a result of that the first to discover vacant land ac- title to all of Canada.... a series of fictional Crown grants. The quired sovereignty over that land to the The fiction of original Crown oc- Crown was thus relatively free to grant exclusion of other potential discoverers. cupancy was developed to legitimate feu- third-party interests to whomever it With populated land, sovereignty was ac- dal landholdings in England, along with pleased: to settlers, mining companies, for- quired by the discovering nation not by another fiction that the actual occupants estry companies, and others. To the extent simple settlement, but by conquest or ces- of the land enjoyed rights of ownership as that it refused to acknowledge the full le- sion, but such land could be deemed va- a result of Crown grants. The law imag- gal significance of Aboriginal occupancy, cant if its inhabitants were insufficiently ined the Crown as granting lands to Canadian property law vested extraordi- Christian or civilized. International law landholders, with the result that ownership nary proprietary power in the Crown. subsequently deemed North America to be ... passed as a result of these grants to vacant, and regarded the acquisition of ter- landholders. [T]his process never truly oc- Source: Indigenous Difference and the ritorial sovereignty by European powers curred; the Crown was not the original Constitution of Canada, 2002, pp.91-92. as occurring through the mere act of dis- occupant and therefore owner of the land
collage: richard sanders ahead. This is Cana- da’s moment; together * “Ca- na- da; One little, two little, three Canadians; We love thee...” we will seize it.45 Inspiring Public Confidence tertwine the crafty arts of confidence build- In “How to spot a in Political Scampaigns ing with nationalistic myth building: con artist,” Donna Andersen explains that sociopaths “use flattery and inflated cre- The state’s ability to “inspire confidence” Parliamentarians, you gather today with dentials. They talk fast, pushing you for is key to political confidence schemes. Con the high confidence and higher expec- tation of Canadians.... Remember that fast decisions” using “all manner of trick- artists working within the grand game of our nation has embraced a unique set ery and deceit.” She also notes that: politics, must gain public trust in order to of indelible qualities that must guide A swindler’s driving force is greed and defraud them. Political grifters solicit the your deliberations .... Canada’s great- they have a talent for sniffing out the faith of citizens to sucker them into hand- est dreams are ... the dreams of a North same vice in others who, in their desire ing over donations, votes and taxes. Such confident and prosperous, the True to get rich quick, are all too eager to con artists hustle their marks into support- North, strong and free .... put their trust and their money in the ing policies, and enrolling participation in This is the true character of Cana- hands of unscrupulous schemers .... dians honourable in our dealings, faith- vast scams and campaigns such as inva- Bunko artists, grifters and cons all have ful to our commitments, loyal to our charisma which sometimes masks the sions, wars and even genocide. This mass friends. Confident partners, courageous fact that they are malignant narcissists swindling exploits psychological traits warriors and compassionate neighbours. who like to feed on the insecurities and from greed and vanity, to compassion and .... As we look confidently to the stupidities of the naive and weak.46 naïvety. Politicians — wittingly or not — future, we draw great strength from our are on the front lines in this game of con- past. Beginning with our Aboriginal Con Artists, peoples, Canada’s story is one of risk, ning people into the believing that gov- 43 Cultural Narcissists, sacrifice, and rugged determination. and the Myth of Canada ernment scampaigns are conducted for (Emphasis added.) moral reasons to benefit the public. By repeating the pitch that Cana- Besides building larger-than-life images of In the 2013 throne speech, the Gov- dians must act quickly to grab prosperity, valiant European “pioneers,” Canada’s ernor General tried to boost public confi- this speech also reeked of confidence 2013 Throne Speech explored new fron- dence not only in the government and poli- schemes. “Just as our founders dared, so tiers in self-righteous myth building. Us- ticians, but also in Canadian citizens and too must we,” the government said. “We ing the same self-indulgent, narcissistic the country as a whole. This is a central must seize this moment to secure prosper- conceits of cultural superiority that once stratagem in building the kinds of narcis- ity, for Canadians now, and the generations justified the Discovery Doctrine, the gov- sistic national myths that can fool people to follow.”44 (Emphasis added.) ernment smugly proclaimed that Canada into thinking they are doing good, when It was a typical get-rich-quick is “the best country on earth.” Then, say- their actions may be causing great harm scam. After gaining people’s confidence, ing “our Government is leading the world to others and often to themselves. Here are con artists play to the greed of their tar- by example,” the Queen’s representative several examples from the speech that in- gets, urging them to act quickly to take ad- stated in absolute moral terms that “Canada stands for what is right and good * Note: ‘Ca... na... da’ is the opening from the theme song for the 1967 centennial. It came from in the world.”47 ‘Ten Little Injuns’ (1868), a song derived from an 1850s minstrel skit called ‘John Brown had a Such grandiose declarations of eth- little Injun.’ This song became ‘Ten Little Niggers,’ a racist standard for blackface minstrel shows. ical purity are as imperious and sanctimo- 24 Press for Conversion! (Issue # 69) Fall 2017 nious as any papal bull. But the throne often praises is diversity for its own speech was more than bullish, it over- sake, which of course amounts to jam- flowed with optimistic clichés typifying ming all sorts of conflicting values sys- tems into the same polity. But most of Canada’s boastful patriotism. While iron- those things, while worthy-sounding, ically claiming that Canadians are “sus- tend to unravel when challenged..... tained by humility” and “deplore self-sat- A better place to go looking for Ca- isfaction,” the speech went on to immod- nadian values, you’d think, is in the estly list a “unique set of indelible quali- Charter of Rights and Freedoms, the ties” that “our nation has embraced”: centrepiece of our basic law. But that Consider this: we are inclusive …. modern legal document begins, jar- Consider this: we are honourable.... ringly, with this sentence: ‘Canada is Consider this: we are selfless... founded upon principles that recognize Consider this: we are smart …. the supremacy of God.....’ The sentence Consider this: we are caring.48 is true only insofar as Canada’s found- He then trumpeted that ers were a group of professed Chris- tians who no doubt regarded the “Canada is a model for the conversion of heathens as some world. Admired for our freedom. sort of good ....54 Respected for our principles. En- Trudeau has excelled at vied for our openness, compassion spouting the glowing narrative of and peaceful pluralism.” “Canadian values” as a way of If this vainglorious boosting confidence in officially rhetoric was not enough, con- sanctioned national dreams. Tru- sider this: in a section on “Promot- deau and his handlers regularly try ing Canadian Values,” Gov. General to score popularity points with the pub- Johnson gloated that the “true charac- lic by associating themselves with Cana- ter of Canadians” also includes being collage: richardda’s sanders feel-good self-image. “honourable,” “faithful,” “loyal,” “confi- A bright example of this is Tru- dent” and “compassionate.”49 deau’s 2015 launch of a state-sponsored Another “Canadian value” listed propaganda event called “Christmas with pride in the throne speech was “free- Lights Across Canada,” which has been dom of religion.” (Freedom from religion Discovering the Myth held every year since 1984. In a few words, was never mentioned.) Oddly, only one re- of “Canadian Values” Trudeau conflated family and community When it comes to the enduring legacy of ligion was named: “Our Government de- values with Christianity and Canada’s mili- Canada’s grand unifying mythology of fends Israel’s right to exist as a Jewish tary. All this came under the warm and exceptionalism, nothing has changed un- state,” said Canada’s symbolic head of the fuzzy comfy blanket of Canada’s supposed der the latest Liberal government. armed forces. Calling Israel “the lone out- national values: post of freedom and democracy in a dan- The official myth of “Canadian As we launch the Christmas Lights gerous region,”50 there was no mention of values” is as warm, fuzzy and poly-annaish Across Canada program, we should all the rights and freedoms of Palestinians under the Liberals as it was with the Con- take a moment to reflect on how fortu- who do not embrace Israel’s state religion. servatives. Soon after taking office, Tru- nate we are to call this great country For those assembled in our hal- deau pushed the idea of Canada’s moral home. During the cold winter days ahead, let us find time to reach out to lowed Parliament, the throne speech con- rectitude, while denying such generalisa- tions. In one breath he said “There is no family, friends, and our communities to cluded with this prayer: “May Divine celebrate all the blessings we enjoy. Providence guide you in your deliberations core identity, no mainstream in Canada,’’ The lights illuminated in our and make you faithful custodians of the while in another he pushed the myth of Ca- nation[al] ... provincial and territorial trust bestowed upon you.”51 Apparently, nadian altruism. “There are shared values,” capitals... — link us together and serve Canadians are expected to have “trust,” said our newly anointed leader, “openness, as a powerful symbol of our Canadian faith and confidence that “Divine Provi- respect, compassion, willingness to work values of peace, unity, and hope for the future.... dence” is guiding our political leaders. hard, to be there for each other, to search for equality and justice.”52 We also send our warmest wishes This assumes that a god or supreme being to those friends and family members, is providing aid and guidance to the select CBC columnist and senior corre- including those serving with our Cana- few that we happen to elect. spondent Neil Macdonald has commented dian Armed Forces .... While far away, Belief in divine intervention has on Trudeau’s prolific use of the Canadian- you are with us in our thoughts.55 values card. Macdonald has for instance In 2013, the National Capital Com- been infecting such official utterances for noted that Trudeau: centuries. In the Inter Caetera bull of seems to have an endless list of what mission had produced a $69,000 analysis 1493, the pope spoke of “the Lord’s guid- he likes to call ‘core Canadian values’ of the event. It said that this government ance” to kings, and how Columbus, thanks .... Most are mushy and ill-defined. Mu- light show on Parliament Hill — co-funded to “divine aid” had “discovered ... islands tual respect is one of his favourites. Tol- by insurance giant Manulife Financial — and even mainlands [that] ... had not been erance is another. He once named free- is “mired in mediocrity” and “is not rep- discovered by others.”52 dom as the supreme Canadian value.... resentative of a multicultural Canada.” The And of course the value Trudeau most Fall 2017 (Issue # 69) Press for Conversion! 25 report also said that deau went to Rome for a half-hour audi- “Christmas” should be re- ence with “His Holiness.” Canada’s prime moved from the event’s minister was thrilled by this once-in-a-life- name.56 However, neither the time meeting, which he described as “a Conservative nor Liberal gov- deeply personal and wide-ranging, ernment agreed with the idea thoughtful conversation with the leader of of deChristianising this event. my own faith.”62 During Trudeau’s first Although the TRC’s final report in Christmas as prime minister, Herit- 2015 said the pope should visit Canada age Canada kicked in $350,000 for the within one year to apologise, Trudeau used event. A year later, in 2016, using the same his 2017 Vatican visit to ask “the pope to old Christmassy name, Trudeau, the Gov- visit Canada in the coming years.”63 Be- ernment of Canada and Manulife were at sides praising the pope for leadership on it again. To officially launch this Christ- global issues, Trudeau requested an apol- ian festival Trudeau’s statement lit on all ogy for the Vatican’s role in Canada’s res- the points of the previous year. “Christ- idential schools. mas Lights,” he noted, “represent the val- Media stories said Trudeau gave ues that bring us together — those of the pontiff a set of valuable, 17th-century peace, unity, and confidence in the future.” chronicles called The Jesuit Relations. (Emphasis added.) This “rare edition,” said Trudeau, pro- Trudeau again highlighted only vides “stories of Jesuit mission- collage: richard sanders one group that we should hold in our 150 aries documenting the origins of of government (federal, pro- hearts to celebrate Canada’s unifying Canada.”64 He did not mention vincial, territorial and municipal), Christmas spirit. Those special citizens — that these overly optimistic annual to not only “repudiate concepts ... such as the human symbols who best illuminate the reports (1632-1672) were used by mission- the Doctrine of Discovery and terra nul- true meaning of Canada and its Christian aries to raise money to convert Indige- lius,” but “to reform those laws, govern- religiosity — are, he said, “the brave nous people.65 (Throughout these texts the ment policies, and litigation strategies that women and men of the Canadian Armed Jesuits, who saw Indians as inferior, ani- continue to rely on such concepts.”59 Forces, and their families, who make in- malistic and demonic, referred to them as While Trudeau’s Liberal govern- credible sacrifices for our country each and “heathens” and “savages.”66) For his part, ment has failed its commitment to meet every day.”57 the pope gave Trudeau “a gold medal these and many other TRC requests, it has marking the fourth year of his pontificate, asked others to follow through on the com- Challenging the an autographed copy of his message for mission’s calls to action. For example, the Discovery Doctrine World Peace Day” and a few printouts of commission said the pope should visit Ca- and terra nullius “papal letters” on “family, the environment nada and apologise for the Vatican’s role Trudeau has disappointed many Canadi- and evangelism.”67 in the spiritual, cultural, emotional, ans who expected him to meet his sugary Over the centuries, other papal let- promises to First Nations. For example, physical, and sexual abuse of First Na- tions, Inuit, and Métis children in ters were handed out to Catholic politi- little has been done to fulfil Trudeau’s Catholic-run residential schools.60 cians who used them to justify the enslave- pledge to implement all of the initiatives While all the other Canadian churches that ment and genocide of native peoples. Tru- called for by the 2015 Truth and Recon- operated these schools have apologised, deau does not seem to have raised this fact ciliation Commission (TRC). the Catholic Church has not. Similarly, at this “cordial” meeting with his religious The TRC’s final report called on while other churches have repudiated the leader. The media did not mention papal Canada to reject the Discovery Doctrine Doctrine of Discovery and terra nullius, bulls or the TRC’s call to churches to re- and the legal fiction of terra nullius. To Canada’s Catholic Church has not. Added pudiate the Doctrine of Discovery, terra do so would undermine Canada’s claim to to this is the fact that just days after taking nullius and the current laws, state strate- be a sovereign country, and weaken its po- office, the Trudeau Liberals dropped the gies and policies that still rely on these bo- sition in land claims negotiations with First government’s legal challenge which had gus concepts.68 Nations. been trying to force the Catholic Church Demands for papal repudiation of The TRC also asked Canada to to fulfil its financial obligations to the sur- the Discovery Doctrine have been grow- work with Aboriginal peoples to develop vivors of residential schools. ing for decades, and culminated with the a “Royal Proclamation of Reconciliation.” Being a Catholic himself, Tru- “Long March to Rome” in 2016. This cam- Envisioning that this would build on the deau’s political thinking on these matters paign led to an encounter between Indige- Royal Proclamation (1763) and the Trea- may be influenced by his religious ties. nous activists and the pope in May 2016. ty of Niagara (1764), the TRC said the new “My own personal faith,” he told the Ca- But besides having a few face-to-face mo- proclamation should nadian Press, “is an extremely important ments with the pope, participants had a Repudiate concepts used to justify Eu- part of who I am and the values that I try two-hour meeting with the Vatican’s Pon- ropean sovereignty over Indigenous 61 lands and peoples such as the Doctrine to lead with.” tifical Council for Justice and Peace of Discovery and terra nullius.58 On May 29, 2017, after attending (PCJP). One activist, Kahnawake Mohawk The TRC also called on all levels a summit of the NATO military pact, Tru- Kenneth Deer, noted that the pontiff’s rep- 26 Press for Conversion! (Issue # 69) Fall 2017 resentatives of our Lord ... seek with all our might started giving the usual spiel to bring those sheep of His flock who that the papal bulls are no are outside into the fold committed to longer in effect, that they’ve our charge.77 been superseded by other pa- Quoting from the gospel of Mat- pal bulls and there was no thew, “Go ye and teach all nations,” need for us to do anything.69 Sublimus Deus clearly demonstrates A few months later, this that the Vatican maintained its age-old “spiel” was repeated in a letter tradition of self-righteous, religious from PCJP delegate, Silvano To- supremacy. masi. “The statement Sublimis This presumption of superiority Deus (1537), condemning racist and dominion over others typified the theses,” he said, “nullified any Catholic and Protestant churches alike. previous decrees that would deny Equipped with such profound religious the right of Indigenous Peoples narcissism, Christians justified their in America of their freedom and use of “residential schools,” even their property.”70 though these institutions inflicted gen- What Archbishop Toma- ocide through such gave crimes as ab- si failed to say is that in 1538, duction, captivity and forced labour. one year after Paul III issued Sub- limis Deus, he issued a retraction The Discovery Doctrine that “removed all ecclesiastical Lives on in a Legacy of Denial penalties (interdict and excom- While overthrowing papal decrees munication) for any violation of from 500 years ago would be a good 71 the terms of the Sublimis Deus.” first step, much more is obviously re- This was pointed out by Steven quired to overcome the legacy of these Newcomb, an honorary delegate bulls. As the UN Permanent Forum on at the meeting, who has opposed
collage: richard sanders Indigenous Issues stated in 2014: papal bulls for 30 years. in regard to land dispossessions, The Vatican’s claims about Sub- limis Deus to remove Spain’s claim of sov- forced conversions of non-Christians, limis Deus were critiqued eight decades ereignty” or “its claimed right of domina- the deprivation of liberty and the en- ago by Lewis Hanke, a preeminent Har- tion.” The most they “could hope for,” he slavement of indigenous peoples, the vard historian. Hanke wrote in 1937 that said, “was to be ‘free’ under or beneath Holy See reported that an ‘abrogation Paul III “reverse[d] his original policy of the Spanish crown’s domination.”74 process took place over the centuries’ to invalidate such nefarious actions. protecting the American Indians” and had So, while Sublimus Deus opposed Such papal renunciations do not go far been “wrongly acclaimed” in “ecclesias- Indian enslavement, the pope removed all enough.78 (Emphasis added.) tical and secular histories alike ... as a great ecclesiastic penalties on those who bought, The author of this report, Edward John — friend and protector of the American In- sold or owned slaves. While the bull did Hereditary Chief of the Tl’azt’en Nation dian.” Hanke’s research showed that “Paul mention in passing that “Indians and all in northern B.C., who has been a lawyer III’s reversal on this important matter has other people who may later be discovered for 30 years — described the not yet been fully perceived by historians.” by Christians” should “by no means ... be pressing need to decolonize from the By revoking his 1537 letters “which pro- deprived of their liberty or the possession debilitating impacts and the ongoing vided for the enforcement of the doctrine of their property, ... [or] in any way en- legacy of denial by States of indigenous in America by threat of severe ecclesiasti- slaved,” its key purpose was to promote peoples’ inherent sovereignty, laws, and cal penalties,” and declaring them “null the conversion of Indians to Catholicism.75 title to their lands, territories and re- sources.79 and void,” Paul III “withdrew ... a power- Sublimus Deus declared that be- The Assembly of First Nations ful weapon which ... might have been used cause Indians were finally considered hu- (AFN) expressed this in 2016 when de- ... to protect the Indians from the rapacity mans and not beasts, Catholics had to be manding revocation of the Papal Bulls of of the conquistadores.”72 far more active in evangelising them. The Discovery. Endorsing the Long March to Charles V, the King of Spain and “Indians ... should be converted to the faith Rome, it said that “for healing and under- Emperor of the Holy Roman Empire, in- of Jesus Christ,” the pope declared, be- standing between First Nations and Cana- terpreted Paul III’s 1538 retraction as a cause God created humans to “enjoy eter- da to truly begin,” Romanus Pontifex revocation of Sublimis Deus in its entire- nal life ... which none may obtain save (1455) and Inter Caetera (1493) must be ty, not just its penalties. Charles then is- through faith in our Lord Jesus Christ.”76 rescinded. Calling these bulls “the ‘blue- sued a royal order that all of “the original While saying that Indians were not print’ for conquest of the New World,” the bulls and briefs ... be seized.”73 “dumb brutes created for our service,” the AFN said they “provided moral justifica- By 1538 “millions of Indians had bull actually used metaphoric language to tion for the enslavement and conquest of been deprived of their lives, their liberty, describe Indians as animals that Catholics Indigenous peoples worldwide.”80 and their property,” said Newcomb, “be- — being religiously superior — should The AFN concluded that these pa- cause of the papal bulls of 1493.” And, he take control of: pal bulls “are an ongoing violation of con- noted, the pope “never intended” for “Sub- We, who ... exercise on earth the power Fall 2017 (Issue # 69) Press for Conversion! 27 temporary international human rights law,” 13. Newcomb 2003, op. cit. 16, 2013. and need to be clearly and publicly re- 14. Thirteen Catholic Groups in Solidarity with tinyurl.com/y7rxkafg 39. Doug Cuthand, “Lack of concern for voked in order to assist Indigenous com- Indigenous People Join their request to ask First Nations clear in speech,” The munities that are now struggling to pro- Pope Francis to rescind papal bulls from 15th century, November 25, 2013. Starphoenix, October 18, 2013. tect their lands: tinyurl.com/yd7fohor tinyurl.com/ybhdj6vu Other communities currently struggling 15. ‘Doctrine of Discovery’ and Terra Nullius: 40. Jorge Barrera, “throne speech: Canada to save their lands are threatened by A Catholic Response, Mar. 19, 2016. founded by “pioneers” who forged modern-day ideologies of inequality tinyurl.com/z6y9kpe country “where none would have oth- anchored in the Papal Bulls of Discov- 16. Ibid. erwise existed,”APTN, Oct. 16, 2013. ery.81 17. Newcomb 2016, op. cit. tinyurl.com/y8hg5d3y These Vatican bulls not only legit- 18. The ‘Doctrine of Discovery’..., op. cit. 41. Amy German, “Interview: Romeo imised the royal contracts used by Span- 19. “First letters patent ...” 1496. Saganash cans Tory throne speech,” the ish conquistadores to pillage the New 20. The ‘Doctrine of Discovery’..., op. cit. Nation, November 11, 2013. 21. Ibid. tinyurl.com/y9tltq94 World, they also provided legal and reli- 42. Address by Paul Martin, May 10, 2004. gious cover stories that authorised the of- 22. Gloria Galloway and Sean Fine, “Federal tinyurl.com/y74zmx93 government killed appeal of residential- 43. Seizing Canada’s Moment... op. cit. ficial pirates of England and France to school settlement ruling,” Globe and Mail, plunder and enslave the peoples of what 44. Ibid. April 20, 2016. 45. Ibid. came to be called Canada. tinyurl.com/yc8nwd9u 46. How to spot a con artist Indigenous activists, organisations, 23. Ibid. tinyurl.com/gqkhlhw communities and nations continue to cam- 24. In 1918, Justice Lennox defined a legal fic- 47. Seizing Canada’s Moment... op. cit. paign for the final, unequivocal abroga- tion as “an assumption of a possible thing 48. Ibid. tion of the Vatican’s blood-stained 500- as a fact, which is not literally true, for the 49. Ibid. advancement of justice ... which the law will 50. Ibid. year-old papal bulls. “By means of his cer- not allow to be disproved.” Stoner v Skene, emonial revocation of those terrible doc- 51. Ibid. 44 Ontario Law Reports, page 609, 1918. 52. The Bull Inter Caetera, op. cit. uments, and others proceeding them, such Cited by Wenee Yap, “The myth of Terra 53. Guy Lawson, “Trudeau’s Canada, as Dum Diversas and Romanus Pontifex,” Nullius; the absence of indigenous law in Again,” New York Times, Dec. 8, 2015. said Newcomb, Pope Francis could “un- legal education,” April 2, 2009. tinyurl.com/p8u3xy2 dercut the very basis of the arguments of tinyurl.com/ybwgr3mg 54. Neil Macdonald, “A very short list of 25. Report of Aboriginal Justice .., op. cit. domination now being used against us.”82 Canadian values,” Analysis, CBC News, 26. Frichner., op. cit. September 13, 2016. 27. Permanent Forum on Indigenous Issues – tinyurl.com/y88sfc3l References Joint Statement Re: Doctrine of Discovery, 55. Statement by the Prime Minister at the 1. “First letters patent granted by Henry VII May 7-18, 2012. launch of Christmas Lights Across to John Cabot and his sons,” March 5, 1496. www.chiefs-of-ontario.org/node/246 Canada, December 2, 2015. In H.P.Biggar (trans. and ed.), The Precur- 28. Ibid. tinyurl.com/yc8ktkgm sors of Jacques Cartier, 1497-1534, 1911, 29. William v. British Columbia, 2012 BCCA 56. Don Butler, “Revamped Christmas p.9. 285, June 27, 2012. lights spectacle to feature music, projec- tinyurl.com/ychgavmj tinyurl.com/yc6oz76m tion show,” Ottawa Citizen, Dec. 1, 2015. 2. The Bull Inter Caetera, May 4, 1493. 30. AFN Report to the UN Special Rapporteur tinyurl.com/y9hr3co3 tinyurl.com/kmsnj3 on the Rights of Indigenous Peoples, Oc- Kelly McParland, “Bad Christmas ideas 3. Ibid. tober 14, 2013. come early in Ottawa,” National Post, tinyurl.com/y8kwwobx 4. Dum Diversas, June 18, 1452. August 6, 2013. tinyurl.com/ybqm9zkl In 2014, Canada’s Supreme Court unani- tinyurl.com/y82n3cpm 5. Bull Romanus Pontifex, Jan. 8, 1455. mously ruled that the Tsilhqot’in Nation did 57. Statement by Prime Minister of Canada tinyurl.com/3k54sl4 on the launch of Christmas Lights 6. Requerimiento have title to their land. tinyurl.com/y7bhwueg 31. Joint Submission to UN Human Rights Across Canada, December 7, 2016. 7. Dum Diversas, op. cit. Council: Universal Periodic Review Con- tinyurl.com/y9m2mnju 58. Calls to Action 45 and 47. Final Re- 8. Report of Aboriginal Justice Inquiry of cerning Canada, October 2012. port, Truth and Reconciliation Commis- Manitoba, November 1999. tinyurl.com/yd9j5xqn www.ajic.mb.ca/volumel/chapter5.html 32. Bernard Valcourt, “Creating Canada: From sion of Canada, Vol.1: Summary, 2015. 9. Tonya Gonnella Frichner, Impact on Indi- the Royal Proclamation of 1763 to Mod- tinyurl.com/ybz4fcx3 genous Peoples of the International Legal ern Treaties,” October 7, 2013. 59. Ibid. construct known as the Doctrine of Discov- tinyurl.com/ydhm5rfs 60. Ibid. ery, which has served as the Foundation of 33. AFN Report .., op. cit. 61. Jennifer Ditchburn, “Justin Trudeau the Violation of their Human Rights, Feb- 34. Ibid. fumes at Tory MP’s ‘bad Catholic’ ruary 3, 2010. 35. J. Dodsley, The Annual Register, Or, A taunt,” Canadian Press, Nov. 3, 2011. tinyurl.com/ycplbp3u tinyurl.com/y8lxjvvh View of the History, Politics, and Litera- 62. Joanna Smith, “Pope appeared open to 10. Steven Newcomb, “A Legacy of Domina- ture for the Year 1763. 1764, p.192. idea of a residential schools apology,” tion in Catholic Church Decrees,” Indian tinyurl.com/yb4jysjd Canadian Press, May 29, 2017. Country, April 12, 2016. 36. Ibid. tinyurl.com/yall6xra tinyurl.com/juwehjq 37. Seizing Canada’s Moment, Speech from 63. Ibid. 11. Steven Newcomb, “Pretension as the rule the Throne, October 16, 2013. 64. Ibid. of U.S. Indian Law,” Indian Country, June tinyurl.com/y7yscxey 65. Daniel K. Richter, “Iroquois versus 13, 2003. 38. “In throne speech response Atleo says www.indiancountry.com/article/1055516688 Canada ‘was not an empty land,’” Aborigi- Iroquois: Jesuit Missions and Christi- 12. Ibid. nal Peoples TV Network (APTN), October anity in Village Politics, 1642-1686,” 28 Press for Conversion! (Issue # 69) Fall 2017 First Peoples, First Slaves, First Cover Up By Richard Sanders ple of Terra Nova.”4 This statue was in the he first mention of slav- St. John’s news recently ery in the written record when local journalist James Tof what became “Cana- McLeod was surprised to da” occurred in 1500. Three discover that the 50-year-old years after John Cabot staked statue commemorated New- England’s claim to North Amer- foundland and Labrador’s ica, Portugal’s King Emanuel I first known European slave used his “royal and absolute trader. McLeod interviewed power” to give Letters Patent to Indigenous leaders who Gaspar Corte-Real. Calling him called the monument an in- a “nobleman of our court,” the sulting relic. For instance, king granted “governorship of Todd Russell, president of any islands or mainland he may the southern Inuit associa- thus discover” including “civil tion, NunatuKavut, said: and criminal jurisdiction … with My people were here long full power and authority.”1 before Corte-Real got Corte-Real was excited here.... It is a bit of an of- by the wealth to be plundered in fence to say we were dis- Newfoundland: (1) the “great covered, like a Voisey’s plenty” of fish, (2) the “abun- Bay mineral.... It’s insult- ing. It’s not accurate. And dance” of pine for shipbuilding, those parts of the histori- and (3) the wealth to be made in cal narrative give us an human trafficking. Corte-Real opportunity to have a con- enslaved 57 “men, women, and versation about reconcili- children” for sale in Europe. As ation.5 a 1501 account noted: While some Canadi- His Serene Majesty [Emman- ans may slough off the slave- uel I] anticipates the greatest trading forays of this Portu- advantage from this country, guese “navigator,” it may be both in furnishing timber for collage: richard sanders harder to explain away the his shipping … and also from centuries of slavery that took the men who inhabit it, who Statue of Gaspar Corte-Real at the Provincial appear admirably fitted to en- Legislature, St. John's, Newfoundland root here with the spread of dure labour, and will prob- (with minor cherubic embellishments) “civilisation” by both French ably turn out the best slaves and British settlers. that have been discovered up to this time.2 References The letter’s author noted that getting timber for Portugal’s 1. Letters patent to Gaspar Corte Real, May 12, 1500, in H.P. Biggar royal navy and taking “plenty of men-slaves, fit for every kind of (editor), The Precursors of Jacques Cartier, 1497-1534: A Collec- labour …. so pleased his majesty” that he wanted to send extra tion of Documents Relating to the Early History of the Dominion of ships to “conquer more quickly … because it seems to him that Canada, 1911, p.35. God is with his majesty and brings every plan of his to fulfilment.”3 tinyurl.com/ychgavmj 2. Pietro Pasqualigo, letter, 1501. In James Howley, The Beothucks or In 1965, a monument to Corte-Real was placed in front of Red Indians: Aboriginal Inhabitants of Newfoundland, 1915, p.5. the provincial legislature of Newfoundland and Labrador. The tinyurl.com/y7v6td27 statue’s plaque, which refers to Corte-Real as a “navigator” who 3. Pietro Pasqualigo, letter, Oct.18, 1501. Cited in Biggar, op. cit., p.67. “reached Terra Nova” at “the beginning of the Era of the Great 4. Unveiling the Portuguese statue of Gaspar Corte-Real (1965) Discoveries,” neglected to mention his role as a slave trader. In- tinyurl.com/y76s5edm 5. James McLeod, “N.L. indigenous leaders say Corte-Real statue is stead, the statue’s plaque expressed “gratitude for the friendly an insulting relic,” Telegram, August 25, 2017. hospitality always extended to [Portuguese fishermen] by the peo- tinyurl.com/ydalw6sy Ethnohistory, Winter, 1985, p.1. gust 1, 2016. tinyurl.com/yc9v3cg www.jstor.org/stable/482090 tinyurl.com/y827kpcl 76. Ibid. 66. The Jesuit Relations and Allied Documents 71. Steven Newcomb, “On the Papal Bull, 77. Ibid. 1610 to 1791 ‘Sublimis Deus,’” Indian Country Today, 78. Edward John, A Study on the impacts of tinyurl.com/y7lc224f May 23, 2016. the Doctrine of Discovery on indigenous 67. Smith 2017, op. cit.. tinyurl.com/y9hf5fs6 peoples, including mechanisms, processes 68. Call to Action #46, Final Report, Op.cit. 72. Lewis Hanke, “Pope Paul III and the and instruments of redress, May 2014, p.7. 69. Paul Barnsley, “Church considering re- American Indians,” Harvard Theological caid.ca/UNESRPFII.C19.2014.pdf quest to rescind doctrine of discovery,” Review, April 1937, pp.88-92. 79. Ibid., pp.7-8. APTN, June 1, 2016. www.jstor.org/stable/1508245 80. AFN Res.no.4612014, Dec. 11, 2014. tinyurl.com/ycah7mha 73. Ibid., p.89. tinyurl.com/yana7re4 70. “The Vatican responds to the Long March 74. Newcomb 2016, op. cit. 81. Ibid. to Rome,” Letter from Silvano Tomasi, Au- 75. Sublimus Dei 82. Newcomb 2016, op. cit. Fall 2017 (Issue # 69) Press for Conversion! 29