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The traditional
governments of the Haudenosaunee have reaffirmed their common
principles of the various land claims across our territories. Since
the late 18th century, the Haudenosaunee have sought redress for
wrongs committed through fraudulent treaties and land transactions.
After two centuries of uncertainty, we are now at the point where the
courts will decide on the amount of compensation to be awarded the
Cayuga, Oneida, Mohawk and Seneca nations in their quest for justice.
All of the current claims have solid legal background, and we are
confident that our claims will be upheld. However, the state of New
York has continually denied the illegality of their actions and has
sought to deny our just claims. Federal courts have ruled that New
York state violated federal law by illegally taking land in the 1790s
and 1800s. The state has clouded the land claim issue by trying to
force settlement of long-standing jurisdictional issues, imposition
of state taxation or organized gambling upon our people.
The settlement
discussions with the state have completely broken down, in large part
because of the governor's insistence that taxation, revenue sharing
and organized gambling be attached to our legitimate land claims. We
wish to declare that, despite some differences between our individual
claims, the traditional governments of the Haudenosaunee that operate
under the Great Law of Peace, stand firmly united on the following
Haudenosaunee land claim principles:
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We still hold the
aboriginal and treaty title to our lands.
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Our treaties with
the United States are the supreme law of the land. The United States
and state of New York are obligated by those treaties. Treaties are
also recognized as international binding instruments.
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We seek the return
of lands that were illegally taken from our ancestors.
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Federal law is
clear on the right of the Haudenosaunee to seek justice on these matters.
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The state of New
York must not impose jurisdiction, taxation and gaming stipulations
as part of the land claim settlement.
These principles
were established by the Grand Council of Chiefs of the Haudenosaunee
when the land claims were first launched. They are still valid today.
We will not be divided on these issues. We have preferred to settle
the land claims out of court, but the governor's office and its
unreasonable demands have made the prospects for such a settlement
nearly impossible. As we enter the courts, we want to make it clear
to all concerned that these are the principles that we have
maintained, and will continue to uphold, throughout the process.
In addition,
recent efforts of the state of New York to impose its jurisdiction
upon our territories or restrict our free exercise of our rights to
trade and commerce have created much confusion and concern among our
people. Therefore, we also reaffirm the following principles of trade
and commerce, as established by the Trade and Commerce Committee of
the Grand Council of Chiefs many years ago.
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We have the
inherent right to regulate all trade and commerce within our
territories and between our nations.
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We are sovereign
nations, not subject to state, provincial or federal law and regulations.
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We are not subject
to taxation from the outside governments.
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We have the right
to develop cooperative trade agreements, contracts and commerce
arrangements with other sovereign entities and corporations.
The premise of all
of these principles is that the Haudenosaunee, as the oldest
government of this land, is defined in the first treaty our ancestors
made with the first Dutch traders to settle in the area near
present-day Albany. That treaty, called the Guswhenta or Two
Row Treaty, states that we will be two separate but equal
nations, that we will respect each other's right to self-government;
we will not try to impose our laws upon each other. Dating to the
early 17th century, that treaty concept has been adopted by each
succeeding administration in Albany. When the United States was
formed, that Two Row Treaty formed the basis of our relationship as
defined in the 1794 Canandaigua Treaty.
The leadership of
the Haudenosaunee stand united to defend our right of self-determination.
At the same time, our exercise of these rights is not intended to
harm anyone, nor forcibly remove anyone from their residence. We only
ask for fair and equitable treatment.
In the land claims
settlement talks, the counties have insisted that they must be
compensated for any lands that are removed from their tax rolls. Yet
in past years, the state of New York has acquired much land and
removed it from the local tax roles without the same requirement.
This includes the Knox Estate in East Aurora and the, DeVeux campus
of Niagara University. Absent from these acquisitions was the outcry
of the local governments about loss of property tax revenue that we
have witnessed in our attempts to recover land that was illegally
taken from our ancestors. This double standard is not acceptable.
In Erie County, we
see the politicians willing to give away millions of dollars from the
recent tobacco settlement in order to receive up-front cash benefits.
Instead, they could have used those funds to offset any future loss
of revenue due to the land claims. The amount of loss by the return
of land to the Haudenosaunee pales in comparison to what the
politicians are willing to give away right now.
Ironically, the
state of New York has given more in tax breaks to businesses and
investors in the last five years than would have been lost through
the land claims settlement, This is another double standard that is
objectionable. Non-Indian companies are given the red carpet
treatment and offered all types of incentives, tax waivers, grants
and loans.
However, our
nation businesses are cast as a cancer on the American economy by
those opposed to the land claims. In fact, the just settlement of our
land claims would bring millions of dollars into Central and Western
New York. The ultimate beneficiary of those dollars would be the
region around our territories.
The Haudenosaunee
stand ready to negotiate a settlement of these long-standing claims.
However, Gov. Pataki must realize that we are united on what we want
and unwilling to compromise on the principles stated above. This
still leaves us much room to negotiate, for our claim to the millions
of acres is legal, moral and just.
We have shown our
willingness to consider a reasonable compensation to settle the great
wrong that was knowingly committed by the state. It is time for the
governor to negotiate directly with our leadership and society on the
issues of land. Otherwise, the courts will impose a cash settlement,
but still leave the issue of title unresolved. In the end, we will
not have settled the issue. It is not fair to the future generations
to leave this matter in such a state.
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2000 The Herald Company |
