abuse of liberty

http://www.ratical.org/many_worlds/6Nations/

Figure 38
Drawn by JOSEPH KEPPLER
SAVAGERY TO "CIVILIZATION"
THE INDIAN WOMEN: We whom you pity as drudges
reached centuries ago the goal that you are now nearing

The use of Indian women to provide an exemplar of feminist liberty continued into the nineteenth century. On May 16, 1914, only six years before the first national election in which women had the vote, Puck printed a line drawing of a group of Indian women observing Susan B. Anthony, Anne Howard Shaw and Elizabeth Cady Stanton leading a parade of women. A verse under the print read:

"Savagery to Civilization"
We, the women of the Iroquois
Own the Land, the Lodge, the Children
Ours is the right to adoption, life or death;
Ours is the right to raise up and depose chiefs;
Ours is the right to representation in all councils;
Ours is the right to make and abrogate treaties;
Ours is the supervision over domestic and foreign policies;
Ours is the trusteeship of tribal property;
Our lives are valued again as high as man's. [67]

Figure 38, from Exemplar of Liberty, Native America and the Evolution of Democracy,
Chp.11, "The Persistence of an Idea, Impressions of Iroquois liberty after the eighteenth century"

Owlmon,

I couldn't agree more.

Sister's we need to hear your strong voices rise up through the chaos that now reigns on earth.

Prairy

While we are talking, I was reminded of women's sufferage. While the below story is not about the circle law of the Iriquois, it is a reminder of the suffering that has occured at the hands of corporate men, so greedy, the blood of innocents are on their hands.

Some of you may remember the Triangle Fire incident in New York. Some of you may never have heard of it. I will leave the brief story about the deaths of these women below. Prairy
_________________________________________________________________

Rosenfeld’s Requiem: The Triangle Fire Victims in Verse
On March 25, 1911, a fire broke out at the Triangle Shirtwaist company in New York City. Trapped by blocked exit doors and faulty fire escapes, more than 146 workers, mostly young immigrant women, perished in the flames or jumped ten stories to their deaths. One of the worst industrial fires in U.S. history, the Triangle fire became a galvanizing symbol of industrial capitalism’s excesses and the pressing need for reform. In its aftermath, a coalition of middle-class reformers and working people secured passage of landmark occupational health and safety laws. For Jewish and Italian immigrant communities of the Lower East Side, the fire was especially tragic. Poet Morris Rosenfeld, known as the “poet laureate of the slum and the sweatshop,” penned this memorial to the victims four days after the fire. The Jewish Daily Forward printed the poem down the full length of its front page.
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Neither battle nor fiendish pogrom

Fills this great city with sorrow;

Nor does the earth shudder or lightning rend the heavens,

No clouds darken, no cannon’s roar shatters the air.

Only hell’s fire engulfs these slave stalls

And Mammon devours our sons and daughters.

Wrapt in scarlet flames, they drop to death from his maw

And death receives them all.

Sisters mine, oh my sisters; brethren

Hear my sorrow:

See where the dead are hidden in dark corners,

Where life is choked from those who labor.

Oh, woe is me, and woe is to the world

On this Sabbath

When an avalanche of red blood and fire

Pours forth from the god of gold on high

As now my tears stream forth unceasingly.

Damned be the rich!

Damned be the system!

Damned be the world!

Over whom shall we weep first?

Over the burned ones?

Over those beyond recognition?

Over those who have been crippled?

Or driven senseless?

Or smashed?

I weep for them all.

Now let us light the holy candles

And mark the sorrow

Of Jewish masses in darkness and poverty.

This is our funeral,

These our graves,

Our children,

The beautiful, beautiful flowers destroyed,

Our lovely ones burned,

Their ashes buried under a mountain of caskets.

There will come a time

When your time will end, you golden princes. Meanwhile,

Let this haunt your consciences:

Let the burning building, our daughters in flame Be the nightmare that destroys your sleep,

The poison that embitters your lives,

The horror that kills your joy.

And in the midst of celebrations for your children,

May you be struck blind with fear over the Memory of this red avalanche

Until time erases you.

Source: Morris Rosenfeld, Jewish Daily Forward. Reprinted and translated in Leon Stein, The Triangle Fire (New York: Carroll & Graf, 1962), 145–146.

Great words that will be repeated at my own Wiki, we are indeed blessed the great spirit of creation offers us so chosen with such wise provision through it`s admirers.

Casus omissus
Setting the record straight Janice G.A.E. Switlo

Bruce Spence, "Commentary: Time to test the waters and throw all the lawyers overboard," The First Perspective, February 2, 2004, was the latest to throw around the "casus omissus" legend apparently initiated by the late Meredith Quinn as regards to this alleged commentary in a case from the 1970s. A brief reading of the case provides the logical conclusion that the judge is simply reminding those present that a court can only interpret what it finds in a law or contract, it cannot provide something that is missing. The judge compares the law on statutory and contract interpretation to that of treaties and is offering nothing more than a simple restatement of the law. In assisting in the judiciable interpretation of statutes and contracts, the intention of parties expressed in related materials can assist in the interpretation where a clause is unclear or can be interpreted in more than one way. But where there is no clause, the court cannot provide one.

While I can relate to Spence's by-line, as anyone familiar with my writings would suspect, and take no issue with his comments other than as indicated herein, I must correct this continuing acceptance and repetition of something as if fact, when it is not the case. Spence says,

"Warren K. Urbom has been credited with acknowledging this concept. He's a well known circuit court judge in the north central USA. He presided over a pretty big case in the wake of the Wounded Knee takeover by the American Indian Movement (AIM) in the 1970s: Consolidated Wounded Knee Cases; Defendants. nos. CB 73-5019, et al, January 17, 1975. Urbom is quoted by the late Meredith Quinn as saying, 'This court cannot supply a casus omissus (Causus Omissis) in a treaty, any more than in a law.'

This statement, which by the way does not appear in the written ruling, means Urbom felt safe enough to convict the accused who were relying on the sovereignty argument because they 1) were using American lawyers, and 2) failed to prove they were citizens of a tribal people because they did not show up with, or prove they were supported by, a casus omissus. A Causus Omissis is a tribe where the women choose the male leadership and the tribe is indigenous to the land." [Emphasis added]

Sorry, but that's not what the Latin legal phrase, "Casus omissus" means.

There are many Latin to English dictionaries on line and in libraries to choose from. A little research clarifies this misstatement of law that curiously has not been questioned.

A DICTIONARY OF LAW 1893 (A Dictionary and Compendium of American and English Jurisprudence Judicial Definitions and Explanations of Words, Phrases and Maxims) provides the following definition of this phrase frequently maligned in Indian Country:

"Casus omissus. A case not provided for. A combination of circumstances overlooked, or deemed unimportant, in a statute or a contract."

The court cannot supply what is missing in a treaty any more than it can in a statute or contract, Urbom, J. was saying. The court can only interpret what is present in a statute or in a contract; the court cannot supply something that is not there. The judge related this to treaties. (Whether this law applies to treaties and how depends on whether you are putting treaties into a domestic realm or maintaining their international legal nature, and specifically what is judiciable.)

This is all that the judge had to say.

And that is all I have to say.

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