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Judge denies Indians' claim on Pa. land
modbee ^ | 12-2-04

Posted on 12/02/2004 2:18:25 PM PST by LouAvul

PHILADELPHIA (AP) - An Indian tribe that says it was swindled out of land by the son of Pennsylvania founder William Penn cannot have any of it back, a federal judge ruled.

The Delaware Nation had sued to reclaim 315 acres of eastern Pennsylvania land it lost in the so-called Walking Purchase, a 1737 deal between Thomas Penn and the chiefs of the Lenni Lenape tribe.

According to the history books, Penn asked for as much Indian land as the colonists could cover in a day-and-a-half's walk. The chiefs agreed, thinking any such concession would be small. Penn then hired the fastest runners he could find and the tribe lost 1,200 square miles.

The descendants of the tribe, now federally recognized and based in Oklahoma, wanted to build casinos on the land, now occupied by businesses and homes.

But U.S. District Judge James McGirr Kelly ruled Wednesday that William Penn had been granted vast powers by the English crown to seize Indian lands any way he saw fit, and those powers had been passed down to his son.

"However vile (the) plaintiff chooses to depict the events of the Walking Purchase," Kelly wrote, "Thomas Penn's justness cannot be questioned and the outcome in this matter cannot change."

(Excerpt) Read more at modbee.com ...


TOPICS: News/Current Events
KEYWORDS:
Whoa! A little judicial common sense. Someone actually saying current Americans (viz., the current landowners) can't be held accountable for the actions of our forebears. Whodathunkit?
1 posted on 12/02/2004 2:18:25 PM PST by LouAvul
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To: LouAvul
What I don't get is why it took so long to make the claim.
Obviously, "walk" and "run" are two entirely different things.
2 posted on 12/02/2004 2:22:34 PM PST by Publius6961 (The most abundant things in the universe are hydrogen and stupidity.)
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To: LouAvul

I agree with that. Doesn't make what happened then right, however ;0)


3 posted on 12/02/2004 2:24:08 PM PST by Chad Fairbanks ('Hate' is just a special kind of Love we give to people who suck.)
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To: Chad Fairbanks; Publius6961

As the article says - this isn't about "rights" as much as it is about building casinos. Not that I blame the Indians - I'd want in on that action as well.


4 posted on 12/02/2004 2:38:30 PM PST by crushkerry (Visit www.crushkerry.com to see John Kerry's positions filleted))
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To: crushkerry

If the tribe had gotten their way, not a single property deed in America would be completely safe.


5 posted on 12/02/2004 2:40:05 PM PST by Eric in the Ozarks
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To: LouAvul

I say give them Philly.


6 posted on 12/02/2004 2:40:41 PM PST by NavVet (“Benedict Arnold was wounded in battle fighting for America, but no one remembers him for that.”)
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To: LouAvul

No casino for you!!


7 posted on 12/02/2004 2:41:53 PM PST by dennisw (G_D: Against Amelek for all generations)
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To: crushkerry

Personally, I don't think it's anyone's business what they planned to use the land for... it's not really that important of a detail. They got swindled out of land. Period. However, it's just a tad bit late to be bringing this up now - It happened prior to the formation of our nation, and if it was a legally-binding agreement/treaty that carried over upon formation of the new nation (and it is) then that's how it goes. Too bad so sad.

Of course, I feel the same way about legally-binding agreements/treaties that are in place that benefit Indians, too, so at least I'm consistent ;0)


8 posted on 12/02/2004 2:43:22 PM PST by Chad Fairbanks ('Hate' is just a special kind of Love we give to people who suck.)
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To: Eric in the Ozarks

Not true. Exaggerate much? ;0)


9 posted on 12/02/2004 2:43:49 PM PST by Chad Fairbanks ('Hate' is just a special kind of Love we give to people who suck.)
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To: Chad Fairbanks

Just a 'skosh.


10 posted on 12/02/2004 3:01:42 PM PST by Eric in the Ozarks
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To: NavVet
I say give them Philly.

Yeah, but would they take it?
11 posted on 12/02/2004 3:02:22 PM PST by Lord Basil (Hate isn't a family value; it's a liberal one.)
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To: LouAvul
or as the Delaware Nation chief said: "We have'm heap big buyer's remorse"
12 posted on 12/02/2004 3:02:59 PM PST by Moral Hazard
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To: Eric in the Ozarks

It's sad that very few people here in PA have any idea of the struggle that took place on the 18'th century frontier. This land was paid for in blood:

Indian Wars of Pennsylvania, the second book in the "Great Pennsylvania Frontier Series", is a further attempt to fill in that gap of understanding of the part Indians played in early Eastern Frontier history. Originally published by Mr. Sipe in 1929 and revised in 1931, Indian Wars is based primarily on the Pennsylvania Archives and Colonial Records. This factual account of all Indian events on the Eastern Frontier, includes the French and Indian War, Lord Dunmore's War, Pontiac's War, the Revolutionary War and accounts of all Indian uprisings and tragedies on the Eastern Frontier. The real key to this work, however, is the 156 page supplement added to the second edition of 1931. This supplement to the original work includes the following: A chronological listing of all major Indian events on the Eastern Frontier with the corresponding page to turn to in the book for further reading about that event; a listing of all officers of the early Commonwealth of Pennsylvania; a listing of Indian names of Pennsylvania and their meaning; details of Sullivan's campaign against the Indians; and the most detailed set of footnotes and references ever seen in a book. The best part of all may be that the book we used to reproduce our book was one of Mr. Sipe's personal copies, complete with his handwritten corrections in the margins of several pages. While Indian Chiefs, deals primarily with biographical data about many important chiefs, Indian Wars deals mainly with the conflict between the early settlers and the Indians and the results of that struggle. Indian Wars has been out of print for over 60years but it's 908 pages will live on in the hearts and minds of every reader until the end of time.
http://www.wennawoods.com/wbooks.htm#iwp


13 posted on 12/02/2004 3:18:41 PM PST by FlyingHellfish
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To: Moral Hazard

I'd give em San Fransisco......


14 posted on 12/02/2004 3:21:10 PM PST by dannyc1 (I'm just happy to be a part of it all)
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To: LouAvul

Indian Givers!!


15 posted on 12/02/2004 3:27:39 PM PST by BallyBill (I'm a God fearing' man and with many I stand....)
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To: LouAvul


You can't trust those Indians.
You turn your back on them for one second
and they try to steal your land.
16 posted on 12/02/2004 3:51:28 PM PST by Jaysun (If you are what you eat then I'm cheap, fast, and bad for your health.)
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