Frequent and bloody wars, in which the whites were not always the aggressors, unavoidably ensued. European policy, numbers, and skill, prevailed.
As the white population advanced, that of the Indians necessarily receded. The country in the immediate neighbourhood of agriculturists became unfit
for them. The game fled into thicker and more unbroken forests, and the Indians followed. The soil, to which the crown originally claimed title, being
no longer occupied by its ancient inhabitants, was parcelled out according to the will of the sovereign power, and taken possession of by persons who
claimed immediately from the crown, or mediately, through its grantees or deputies.
That law which regulates, and ought to regulate in general, the relations between the conqueror and conquered, was incapable of
application to a people under such circumstances. The resort to some new and different rule, better adapted to the actual state of things, was
unavoidable. Every rule which can be suggested will be found to be attended with great difficulty.
However extravagant the pretension of converting the discovery of an inhabited country into conquest may appear; if the principle has been
asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it; if the property of the great mass of the
community originates in it, it becomes the law of the land, and cannot be questioned.
Johnson v. M'Intosh, 21 U.S. 543, 590-91 (1823)
A quote from Justice Marshall's seminal Supreme Court opinion. Thought it was relevant here, at least as a little background.
Frankly, a casino in Hampton Bays would suck, big time. The last thing that area needs is yet even more traffic on Route 23. I feel for the Native
Americans, but put things in perspective. A race of people was nearly exterminated, and building a casino is the only way they can improve their
state of poverty? I don't question their logic, or blame them for wanting the casino. I just feel the totality of the situation makes the casino
issue insignificant to the point where discussing it in reference to American history seem almost a sick joke.
What the Shinnecock Indians need is education and jobs. Can the United States offer them no better alternative than a state of affairs in which they
have to build a casino? What other options are available to them to improve their lot? This is the question the Shinnecock, New York State, and the
federal government need to be spending energy to address.
-koji K.
[edit on 16-6-2005 by koji_K]