OCUTE YAMASSEE NATION-STATE
(Right of Postliminium)
The four characteristics of a nation-state are population, territory, government, and sovereignty.
Explanation:
Population: A nation-state is made up of people who share a culture and history.
Government: A nation-state has a system of rules and laws that are enforced by a governing body.
Sovereignty: A nation-state has the right to govern itself without interference from outside entities (see United Nations Draft Declaration on the Rights of Indigenous Peoples, Article 31 ). A nation-state is a political entity that combines the principles of state sovereignty and national sovereignty.
A nation-state is different from other types of states, such as city-states and kingdoms.
The relationship between a nation and a state can be complex. For example, a group with an ethnic identity can influence the borders of a nation-state.
Native American "Indian" tribes are recognized as distinct political entities with inherent sovereignty, operating as "nations" within the nation, with the right to govern themselves and make their own laws. (see United Nations Draft Declaration on the Rights of Indigenous Peoples, Article 31 )
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The Law of Nations or the Principles of Natural Law (1758)
§ 204. Definition of the right of postliminium
The right of postliminium is that in virtue of which persons and things taken by the enemy are restored to their former state, on coming again into the power of the nation to which they belonged.
§ 205. Foundation of this right.
The sovereign is bound to protect the persons and property of his subjects, and to defend them against the enemy. When, therefore, a subject, or any part of his property, has fallen into the enemy’s possession, should any fortunate event bring them again into the sovereign’s power, it is undoubtedly his duty to restore them to their former condition, — to re-establish the persons in all their rights and obligations, to give back the effects to the owners, — in a word, to replace every thing on the same footing on which it stood previous to the enemy’s capture.
The "right of postliminium," or ius postliminii in Latin, is a legal principle under public international law that restores the rights of a person or property taken by an enemy during war upon their return to their original owner or country. (see Yamassee War of 1715)
Maxim Ex Injuria Jus Non Oritur A law (or right) does not arise from injustice". It's a principle of international law that means a legal right or entitlement cannot come from an unlawful act or omission.
Also see Supreme Court Case Ruling ,Alderson v. Kentucky ,241 u.s. 51 (1916) to secure your lawful standing on record.
