Seneca Nation targets NY Thruway in tax dispute

Jamestown Post Journal ^ | January 13, 2008

[AuntB]

“Because the treaty signed by the US Govt with the Seneca Nation exempts them from the tax. Either we honor the treaties or we don’t.”

Most of the time the government does not. None of the people (Senecas) are alive today that had anything coming to them.....How long does this go on? YES, Native Americans were screwed over, Yes, they deserved compensation....Not their 12 generation removed offspring who had no wrong done to them. The following were my ancestors. So what? I have no special right for compensation for wrongs done to them 200 years ago.

Here’s an example of broken treaties about tobacco (1867)

Stand and Sally Watie, finding their home and mill burned to the ground by Federals during the war, returned to financial ruin. Watie used the last of his resources in 1867 to help finance nephew Cornelius Boudinot in a joint venture of an Indian Territory tobacco factory.

The Boudinot Tobacco Factory was located just inside Indian Territory near Siloam Springs, Arkansas and proved popular and lucrative to local businesses. Noticing the success of the enterprise and the temptation of revenue and reprisal, the government acted upon a law they had just imposed for a federal excise tax on tobacco and distilled spirits which did not exempt Indian Territory.

Watie refused to pay what he considered an illegitimate tax against a sovereign state and in violation of the treaty made only a year before which held Cherokee or other tribes were not subject such tax. Boudinot, having been involved in writing the language of the treaty, knew the congress and the government had acted outside the agreement.

Nevertheless, federal officers confiscated and closed the factory, seized the assets to pay the back tax and forced Watie into bankruptcy. Boudinot filed suit against the government, but typically the case was long delayed. This became a landmark decision, setting precedent that a law passed by Congress could supersede provisions of even a recent treaty.

It was said that excellent grades of tobacco had been produced at the Boudinot factory and merchants who had engaged in selling it were disappointed because of the loss of revenue from the product. The white growers in Missouri also took their objections to the government to restrain the Cherokees’ competition. Boudinot lost his case in federal court and filed before the U.S. Supreme Court. Fifteen years later, the United States Court of Claims was ordered to give Boudinot restitution for damages; too late for Watie to regain his loss. No such tobacco enterprise was attempted again in Indian Territory.

Chapter 16 “Jesus Wept” An American Story
http://jesusweptanamericanstory.blogspot.com/

[mrmargaritaville]

I understand what you’re saying, but unless there was a time limit, or expiration date on the treaty I don’t see how or why it would ever expire. And I-90 does pass right through their reservation just west of Dunkirk-If they decide to close the Thruway in retaliation I’m figuring ol Gov. Patterson won’t be too happy. I’m sure they have a treaty that allows the thruway to operate but they may decide it’s time to ignore the treaty.

[Mr_Moonlight]

Attack of the spell-checker?

Yep, that it be .... see my post #29 in this thread :)