Let's go through this again:
Dougherty (aka canon) said "we (the Federation) have the planet" aka the planet is definitely not independent.
The problem with this argument is that you're presuming that Dougherty is speaking legally and formally when there is every possibility that he is speaking quite informally, in terms of the Federation's
de facto control of access to the planet rather than actual ownership
of the planet.
And the problems with your argument are:
-that Dougherty directly said the federation has the planet aka it is not independent
Yes, I'm sure you're having a lovely time repeating yourself, but you haven't actually provided any evidence that he's speaking legally and formally, you've just repeated the assertion that he is.
-that Picard confirmed Dougherty is speaking "legally and formally" when saying the planet is not independent by NOT contradicting him on this essential point
Once again, that Picard does not construct a legal brief is not evidence that a legal argument does not exist.
(your convoluted interpretation would have Picard be an incompetent moron)
Whether or not Picard is a moron is entirely separate from the question of whether or not Ba'ku is Federation territory.
First - it's not proven (not even close) that the ba'ku settled the planet before the federation existed.
So, wait, you just accept the most informal, ambiguous statements from Federates as the gospel truth, but when a Ba'ku says something very simply and plainly -- that they've lived on the Ba'ku planet for three hundred years -- then suddenly it's "not proven, not even close?"
Wow. Inconsistent standards much?
Second - your own country owns a lot of land that "was already inhabited and owned by a foreign culture" before the USA existed.
Yes. And as I've said before, it was
wrong of the United States to take that land. Had I been alive then, I would have opposed American imperial designs on Central North America. The same way, for instance, I opposed the Iraq War.
I love my country; that doesn't mean I think that its imperial history is a good thing. And the Federation, because it is a society that has
learned from the horrors of the past, would not engage in that sort of imperialism. The Federation Charter would have banned it from the start.
All planets in federation space are owned by the federation, EXCEPT:
Those recognised as independent by the federation (not this planet);
And on what grounds would the Federation not recognize the independence of a foreign culture that's been there longer than they have?
Those where the Prime Directive applies (not here, regarding the ba'ku).
Actually, "Redemption, Parts I & II" make it clear that the Prime Directive applies to
all foreign cultures -- it was why Picard and Co. couldn't interfere in the Klingon Civil War.
Indeed, he went on and on with morality and rhetoric - and never once invoked a far more powerful legal argument
Probably because he figured if Dougherty wouldn't respond to basic human decency, he certainly wouldn't respond to something as blase as the law.
If you're under the impression that the law is only binding in a court of law, you're wrong. The law is binding everywhere.
Of course it is.
But not every
speaks in legalese.
And even when the law is binding, that doesn't mean that people always obey it. If someone's not going to obey basic morality, why would they obey the law?