Special commentary by Travis W. Trueblood

The Great Seminole Chief Osceola

In defending the use of military commissions to try a person accused of aiding the enemy, the United States government recently likened the Florida Seminoles of the 1800s to al-Qaeda.  Such a comparison is wholly inappropriate, historically inaccurate and insulting.

In an Issue Brief filed by the United States on March 11, 2011, in United States v. Ali Hamza Ahmad Suliman, Al Bahlul, CMCR Case No. 09-001, the government states that not only were the Seminole Wars illegal, “but, much like modern-day al-Qaeda, the very way in which the Seminoles waged war against U.S. targets violated the customs and usages of war.”  See Issue Brief at p. 25.  Read the brief here.

How ironic considering the United States invaded the Spanish territory of Florida to wage war against the Seminoles and take slaves, captured the preeminent Seminole military leader Osceola under the white flag of surrender and employed guerilla-style tactics to defeat the British during the American Revolution.

At the time of the Seminole Wars, there were no laws of war accepted by nations.  The closest idea to “customs or usages of war” were teachings promulgated by the Roman Catholic Church during medieval times to provide guidance to the European kingdoms when war was inevitable.  Arguing that the Seminoles were subject to such non-binding teachings, or even knew of them, is culturally ignorant.

The Seminole Wars, also known as the Florida Wars, were three conflicts in Florida between various groups of Native Americans, collectively known as Seminoles, their allies, and the United States Army.  The First Seminole War was from 1817 to 1818, the Second Seminole War from 1835 to 1842, and the Third Seminole War from 1855 to 1858.  Florida was a Spanish territory until 1819, and not admitted to the Union as a state until 1845.

The first conflict with the Seminoles arose out of tensions relating to Andrew Jackson’s attack on Negro Fort in 1816.  Jackson also attacked the Spanish at Pensacola which ultimately resulted in a cession of the colony to United States rule.  Prior attacks made by federally-backed militias from Georgia and other Southern states to dislodge the Spanish from Florida were unsuccessful.  The Seminoles were allies of the Spanish.

In one of the papers written by the Administration of President George W. Bush, titled “Legality of the Use of Military Commissions to Try Terrorists” to support holding detainees at Guantanamo Bay by the U.S. military, the Administration argues that the Indian Wars were analogous to terrorist attacks because they involved attacks by non-state actors that do not take place in the context of a rebellion or civil war.  Read the paper here.

In the paper, the Administration summizes that “Indian “nations” were not independent, sovereign nations in the sense of classical international law, nor were Indian tribes rebels attempting to establish states.  The paper then cites Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1, 17 (1831) (Marshall, C.J.) as a contrary authority.  Citing this case, which is one of the pillars of Indian law, as some sort of contrary ancillary footnote, is absurd.  This case, and two others, are the framework and definition of tribal sovereignty.   The government’s argument oversimplifies and misstates the concept of tribal sovereignty, truly demonstrating how clueless most legal minds are when it comes to this area of law.

Likening the Seminoles protecting their homeland and way of life to al-Qaeda is insulting.  Al-Qaeda is a militant Islamic group founded in 1988, operating as a multinational, stateless network army and a radical Sunni Muslim movement calling for global Jihad.  Most of the world considers al-Qaeda a terrorist organization.

The Seminoles are a Native American tribe that emerged in a process of ethnogenesis out of groups of other Native Americans from the Southeastern United States in the 18^th Century.  They have never been considered a terrorist organization.  Rather, they have been prized for their resilience and staunch independence, remaining unconquered as the only Indian tribe that has not signed a peace treaty with the United States.  By making the aforementioned comparison, the government could not be more wrong, historically inaccurate or insensitive.

Read the Miami Herald Article on this issue here.

Have an Indian law issue?  We may be able to help.  To learn more about our Indian Law practice, click here. To contact a lawyer at our firm, call (954) 591-8261 or (863) 946-9160. You may also contact us by e-mail at info@truebloodlawgroup.com or by submitting your contact information here.

Share on Facebook