From: rich@pencil.cs.missouri.edu (Rich Winkel)
Subject: Seneca/Mohawk invoke US treaties against NY State
Followup-To: alt.activism.d
Originator: rich@pencil.cs.missouri.edu
Organization: PACH
Distribution: na
Date: Tue, 6 Oct 1992 04:09:13 GMT

/** gen.nativenet: 349.0 **/
** Topic: Seneca/Mohawk invoke treaties **
** Written  5:25 pm  Oct  3, 1992 by jlynch in cdp:gen.nativenet **
                <transcribed from undated press release>
             <believed to have been issued August 25, 1992>

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

                        Seneca Nation of Indians
                       Keeper of the Western Door

President - Calvin "Kelly" John                Treasurer - Dennis M. Lay
    Clerk - Maribel Printup
                                 [SEAL]
          1490 Rt. 438                               P. O. Box 231
     IRVING, NEW YORK 14081                    SALAMANCA, NEW YORK 14779

        Tel. (716) 532-4900                       Tel. (716) 945-1790
        Tel. (716) 532-4907                       FAX  (716) 945-3917
        FAX  (716) 532-9123

                         Seneca, Mohawk Nations
                        Invoke Treaty Provisions
                   Mandating United States Protection
                  Against New York State's Misconduct

        The Seneca Nation and the Mohawk Tribe, Sovereign Indian
Nations, each have officially invoked their Treaties provisions calling
for the intervention and protection of the United States of America
against the misconduct of the State of New York.

        The formal invokement notification was directed to President
Bush by the Seneca and Mohawk Tribal Councils.

        Such protection is guaranteed by Article VII of the 1794 Treaty
of Peace with the Six Nations which was incorporated by the Congress as
the Supreme Law of the Land. (7 Stat 44)

        Citing specific language in the 1794 Treaty of Peace between the
United States and the Six Nations of Indians, the Seneca Nation and the
Mohawk Tribe invoked the federal government's protection from New York
State's violation of specific provisions of several treaties by the
State's attempting to impose taxation to activities on Indian lands.

        In a letter to President George Bush, the Seneca insist the
"firm peace and friendship in our treaties and wampum belts are now
being violated and interrupted by the misconduct of the State of New
York and its agents."

        The Nation invokes Article VII of the 1794 Treaty of Peace with
the Six Nations which prescribes the course of action in the face of
"injuries done by individuals on either side."

        "No private revenge or retaliation shall take place," Article
VII says, "but instead thereof, complaint shall be made by the party
injured to the other:  By the Six nations or any of them, to the
President of the United States."

        The letter states:

                "Therefore, pursuant to Article VII, We Hereby Formally
        Complain and seek from you, as contained in said Article VII:

                "such prudent measures [shall be pursued] as
                necessary to preserve our peace and friendship
                unbroken; until the legislature of the United
                States shall make other equitable provisions
                for that purpose.""

        The letter contains a formal complaint against the State of New
York which lists five specific incidents of misconduct including

        --  the state's attempts to collect taxes on Indian lands;

        --  attempts to collect sales tax from federally licensed Indian
            traders;

        --  the state's law suit against a Member of the Nation for
            sales taxes on items sold on reservation lands;

        --  New York's harassment of non-Indians seeking to trade with
            the Senecas; and

        --  the use of excessive force by the State Police on
            reservation lands.

        The Seneca Nation and the Mohawk Tribe maintains that the State
of New York has no right to tax members of the Nation or their trade on
reservation lands based on the language of various and several treaties
which specifically assign the right to regulate trade to the federal
government and place the Senecas and other members of the Six Nations
"into the protection of the United States."

        The provisions of the Ft. Stanwix Treaty of Oct. 22, 1784 (7
Stat 15) provides "the United States of America give peace to the
Senecas, Mohawks, Onondagas, and Cayugas, and _receive them into their
protection_.

        Five years later, on Jan. 9, 1789 at Ft. Hamar (7 Stat 38),
specific language gives the right to regulate trade to the federal
government and renews and confirms the peace and friendship entered into
at Ft. Stanwix and declares _the same to be perpetual_.

        In the Canandaigua Treaty of Nov. 11, 1794 (7 Stat 44), Article
I acknowledges that _the United States "will never claim, nor disturb
the Seneca Nation, nor any of the Six Nations, or of their Indian
friends residing thereon and united with them, in the free use and
enjoyment thereof ..."_

        But the most explicit language affecting the violation of the
treaties by New York is contained in the Buffalo Creek Compromise Treaty
of May 20, 1842 (7 Stat 586) to which New York, Massachusetts, and the
United States were witnesses.  In Article IX, the Treaty says:

        "The parties to this compact mutually agree to solicit the
influence of the Government of the United States _to protect such of the
lands of the Seneca Indians, within the State of New York, as may from
time to time remain in their possession from all taxes, and assessments
for roads, highways, or any other purpose until such lands shall be sold
or relinquished by them_."

        All too often treaties have been victims whenever the
sovereignty of the Indian Nations have come into conflict with the
economic aims of the State.  But armed with such specific language,
repeated in several treaties spanning more than half a century, and
incorporated into federal statutes, as late as 1950*, the Senecas and
Mohawks are on strong moral and legal ground in mandating the federal
government to intercede to prevent further erosion of treaty rights by
the misconduct of New York State.

        ------------------------------------------------------

                    *25 USC Section 233 (Indian Law)

        "Provided further, that nothing in this section shall
        be construed as subjecting the lands within any Indian
        Reservation in the State of New York to taxation for
        state or local purposes ..."


** End of text from cdp:gen.nativenet **

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