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To: bunkerhill7

bunkerhill7 wrote:

My Mohawk cousins on The St. Regis reservation can carry openly and have any kind of weapons for hunting and whatever by 1784 Treaty Of Ft. Stanwix and 1794 Canadaigua treaties.

______________________________________


Are you claiming that your Mohawk cousins can buy & import, possess and use ANY weapons on their reservation with the full appoval of the US Governmemt? Full auto rifles for instance?

Are those treaties available on the net?


209 posted on 07/17/2004 12:15:34 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
[ Post Reply | Private Reply | To 207 | View Replies ]


To: tpaine

Don't you remember Wounded Knee? The People of the Earth had weapons against Federal agents. Even on Alcatraz they had weapons during the takeover.

Of course, a lot of these NA guys were in Vietnam and brought back AK47's with them as did many other servicemen.

Those 1700's with English treaties allow the NA's to use weapons for hunting, fishing and whatever (target practice, Varmint plinking etc).

These US and New York treaties were inherited from the English who 1700's had given the NA's Mohawks etc perpetual hunting and fishing on their lands UNRESTRICTIVE of any kinds of weapons because the NA's only had bows and arrows, spears, axes, muskets and blunderbusses, small cannons at the time (no one could have foreseen AK-47's then!)
of the 1763 signing with the English as part of the Treaty of Paris and other NA/English treaties. The automatic weapons
restrictions that exists for Americans cannot be grandfathered in because the NA's Mohawks etc Six Nations are not subject to the U.S. Constitution.


So my cousins have more unhindered firearms rights on the reservation than most Americans.

Yah
=====
http://odur.let.rug.nl/~usa/D/1776-1800/indians/six1784.htm
Treaty with the Six Nations, , 1784

Fort Stanwix

October 22, 1784

As presented, these articles were concluded at Fort Stanwix, on the October, 22, 1784, between representatives of the United States and the Six Nations.

The United States of America give peace to the Senecas, Mohawks,Onondagas and Cayugas, and receive them into their protection upon the following conditions:

ARTICLE 1.
Six hostages shall be immediately delivered to the commissioners by the said nations, to remain in possession of the United States, till all the prisoners, white and black, which were taken by the said Senecas, Mohawks, Onondagas, and Cayugas, or by any of them, in the late war,from among the people of the United States, shall be delivered up. ARTICLE 2.
The Oneida and Tuscarora nations shall be secured in the possession of the lands on which they are settled. ARTICLE 3.
A line shall be drawn, beginning at the mouth of a creek about four miles east of Niagara, called Oyonwavea, or Johnston's Landing-Place, upon the lake named by the Indians Oswego, and by us Ontario; from thence southerly in a direction always four miles east of the carrying patH, between Lake Erie and Ontario, to the mouth of Tehoseroron or Buffalo Creek on Lake Erie; thence south to the north boundary of the state of Pennsylvania; thence west to the end of the said north boundary; thence south along the west boundary of the said state, to the river Ohio the said line from the mouth of the Oyonwayea to the Ohio, shall be the western boundary of the lands of the Six Nations, so that the Six Nations shall and do yield to the United States, all claims to the country west of the said boundary, and then they shall be secured in the peaceful possession of the lands they inhabit east and north of the same, reserving only six miles square round the fort of Oswego, to the United States, for the support of the same. ARTICLE 4.
The Commissioners of the United States, in consideration of the present circumstances of the Six Nations, and in execution of the humane and liberal views of the United States upon the signing of the above articles, will order goods to be delivered to the said Six Nations for their use and comfort.
===
Fort Stanwix, 1784
Articles of a treaty made at fort Harmar, the ninth day of January, in the year of our lord one thousand seven hundred and eighty-nine, between Arthur St. Clair, esquire, governor of the territory of the United States of America, north-east of the river Ohio, and commissioner plenipotentiary of the said United States, for removing all causes of controversy, regulating trade and settling boundaries, between the Indian Nation in the northern department and the said United States, of the one part, and the Sachems and warriors of the Six Nations, of the other part:

ARTICLE I
Whereas the United States, in congress assembled, did, by their commissioners, Oliver Wolcott, Richard Butler and Arthur Lee, esquires, duly appointed for that purpose, at a treaty held with the said Six Nations, viz: with the Mohawks, Oneidas, Onondagas, Tuscaroras, Cayugas and Senecas, at Fort Stanwix, on the twenty-second day of October, one thousand seven hundred and eighty-four, give peace to the said Nations, and receive them into their friendship and protection: And whereas the said Nations have agreed to and with the said Arthur St. Clair, to renew and confirm all the engagements, and stipulations entered into at the before mentioned treaty at Fort Stanwix: and whereas it was then and there agreed, between the United States of America and the said Six Nations, that a boundary line should be fixed between the lands of the said Six Nations and the territory of the United States, which boundary line is as follows viz: Beginning at the mouth of a creek, about four miles east of Niagara, called Ononwayea, or Johnson's Landing Place, upon lake named by the Indians Oswego, and by us Ontario; from thence southernly, in a direction always four miles east of hte carrying place, between Lake Erie and Ontario, to the mouth of Tehoseroton, or Buffalo Creek, upon Lake Erie, thence south, to the northern boundary of the State of Pennsylvania; thence west, to the end of the said north boundary; thence south along the west boundary of the said state to the riverOhio. The said line, from the mouth of Ononwayea the Ohio, shall be the western boundary of the lands of the Six Nations, so that the Six Nations shall and do yield to the United States, all claim to the country west of the said boundary; and then they shall be secured in the possession of the lands they inhabit east, north and south of the same, reserving only six miles square round the fort of Oswego, for the support of the same. The said Six Nations, except the Mohawks, none of whom have attended at this time, for and in consideration of the peace then granted to them, the presents they then received, as well as in consideration of a quantity of goods, to the value of three thousand dollars, now delivered to them by the said Arthur St. Clair, the receipt whereof they do hereby acknowledge, do hereby renew and confirm the said boundary line in the words before mentioned, to the end that it may be and remain as a division line between the lands of the said Six Nations and the territory of the United States, forever. And the undersigned Indians, as well in their own names as in the name of their respective tribes and nations, their heirs and descendants, for the considerations before mentioned, do release, quit claim, relinquish, and cede to the United States of America, all the lands west of the said boundary or division line, and between the said line and the strait from the mouth of Ononwayea and Buffalo Creek, for them, the said United States of America, to have and to hold the same, in true and absolute propriety, forever.

ARTICLE II
The United States of America confirm to the Six Nations, all the lands which they inhabit, lying east and north of the before mentioned boundary line, and relinquish and quit claim to the same and every part thereof, excepting only six miles square round the Fort of Oswego, which six miles square round said fort is again reserved to the United States by these presents.

ARTICLE III
The Oneida and Tuscarora Nations, are also again secured and confirmed in the possession of their respective lands.

ARTICLE IV
The United States of America renew and confirm the peace and friendship entered into with the Six Nations, (except the Mohawks), at the treaty before mentioned, held at Fort Stanwix, declaring the same to be perpetual. And if the Mohawks shall, within six months, declare their assent to the same, they shall be considered as included.

SEPARATE ARTICLE
Should a robbery or murder be committed by an Indian or Indians of the Six Nations, upon the citizens or subjects of the United States, or by the citizens or subjects of the United States, or any of them, upon and of the Indians of the said Nations, the parties accused of the same shall be tried, and if found guilty, be punished according to the laws of the state, or of the territory of the United States, as the case may be, where the same was committed. And should any horses be stolen, either by the Indians of the said Nations, from the citizens or subjects of the United States, or any of them, or by any of the said citizens or subjects from any of the said Indians, they may be reclaimed into whose possession so ever they may have come; and, upon due proof, shall be restored, any sale in open market notwithstanding; and the persons convicted shall be punished witht the utmost severity the laws will admit. And the said Nations engage to deliver the persons that may be accused, of their Nations, of either of the before mentioned crimes, at the nearest post of the united States, if the crime was committed within the territory of the United States; or to the civil authority of the state, if it shall have happened within any of the United States.
http://sixnations.buffnet.net/Lessons_from_History/?article=3
=====



=====

The Canandaigua Treaty of 1794

Preamble of the Canandaigua Treaty

A Treaty Between the United States of America and the Tribes of Indians Called the Six Nations:

The President of the United States having determined to hold a conference with the Six Nations of Indians for the purpose of removing from their minds all causes of complaint, and establishing a firm and permanent friendship with them; and Timothy Pickering being appointed sole agent for that purpose; and the agent having met and conferred with the sachems and warriors of the Six Nations in general council: Now, in order to accomplish the good design of this conference, the parties have agreed on the following articles, which, when ratified by the President, with the advice and consent of the Senate of the United States, shall be binding on them and the Six Nations....

ARTICLE 1. Peace and friendship are hereby firmly established, and shall be perpetual, between the United States and the Six Nations.

ARTICLE 2. The United States acknowledge the lands reserved to the Oneida, Onondaga, and Cayuga Nations in their respective treaties with the State of New York, and called their reservations, to be their property; and the United States will never claim the same, nor disturb them, or either of the Six Nations, nor their Indian friends, residing thereon, and united with them in the free use and enjoyment thereof; but the said reservations shall remain theirs, until they choose to sell the same to the people of the United States, who have the right to purchase.

ARTICLE 3. The land of the Seneca Nation is bounded as follows: beginning on Lake Ontario, at the northwest corner of the land they sold to Oliver Phelps; the line runs westerly along the lake, as far as Oyongwongyeh Creek, at Johnson's Landing Place, about four miles eastward, from the fort of Niagara; then southerly, up that creek to its main fork, continuing the same straight course, to that river; (this line, from the mouth of Oyongwongyeh Creek, to the river Niagara, above Fort Schlosser, being the eastern boundry of a strip of land, extending from the same line to Niagara River, which the Seneca Nation ceded to the King of Great Britain, at the treaty held about thirty years ago, with Sir William Johnson;) then the line runs along the Niagara River to Lake Erie, to the northwest corner of a triangular piece of land, which the United States conveyed to the State of Pennsylvania, as by the President's patent, dated the third day of March, 1792; then due south to the northern boundary of that State; then due east to the southwest corner of the land sold by the Seneca Nation to Oliver Phelps; and then north and northerly, along Phelps' line, to the place of beginning, on the Lake Ontario. Now, the United States acknowledge all the land within the aforementioned boundaries, to be the property of the Seneca Nation; and the United States will never claim the same, 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 it shall remain theirs, until they choose to sell the same, to the people of the United States, who have the right to purchase.

ARTICLE 4. The United States have thus described and acknowledged what lands belong to the Oneidas, Onondagas, Cayugas and Senecas, and engaged never to claim the same, not disturb them, or any of the Six Nations, or their Indian friends residing thereon, and united with them, in the free use and enjoyment thereof; now, the Six Nations, and each of them, hereby engage that they will never claim any other lands, within the boundaries of the United States, nor ever disturb the people of the United States in the free use and enjoyment thereof.

ARTICLE 5. The Seneca Nation, all others of the Six Nations concurring cede to the United States the right of making a wagon road from Fort Schlosser to Lake Erie, as far south as Buffalo Creek; and the people of the United States shall have the free and undisturbed use of this road for the purposes of traveling and transportation. And the Six Nations and each of them, will forever allow to the people of the United States, a free passage through their lands, and the free use of the harbors and rivers adjoining and within their respective tracts of land, for the passing and securing of vessels and boats, and liberty to land their cargoes, where necessary, for their safety.

ARTICLE 6. In consideration of the peace and friendship hereby established, and of the engagements entered into by the Six Nations; and because the United States desire, with humanity and kindness, to contribute to their comfortable support; and to render the peace and friendship hereby established strong and perpetual, the United States now deliver to the Six Nations, and the Indians of the other nations residing among them, a quantity of goods, of the value of ten thousand dollars. And for the same considerations, and with a view to promote the future welfare of the Six Nations, and of their Indian friends aforesaid, the United States will add the sum of three thousand dollars to the one thousand five hundred dollars heretofore allowed to them by an article ratified by the President, on the twenty-third day of April, 1792, making in the whole four thousand five hundred dollars; which shall be expended yearly, forever, in purchasing clothing, domestic animals, implements of husbandry, and other utensils, suited to their circumstances, and in compensating useful artificers, who shall reside with or near them, and be employed for their benefit. The immediate application of the whole annual allowance now stipulated, to be made by the superintendent, appointed by the President, for the affairs of the Six Nations, and their Indian friends aforesaid.

ARTICLE 7. Lest the firm peace and friendship now established should be interrupted by the misconduct of individuals, the United States and the Six Nations agree, that for injuries done by individuals, on either side, no private revenge or retaliation shall take place; 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, or the superintendent by him appointed; and by the superintendent, or other person appointed by the President, to the principal chiefs of the Six Nations, or of the Nation to which the offender belongs; and such prudent measures shall then be pursued, as shall be necessary to preserve or peace and friendship unbroken, until the Legislature (or Great Council) of the United States shall make other equitable provision for that purpose.

NOTE: It is clearly understood by the parties to this treaty, that the annuity, stipulated in the sixth article, is to be applied to the benefit of such of the Six Nations, and of their Indian friends united with them, as aforesaid, as do or shall reside within the boundaries of the United States; for the United States do not interfere with nations, tribes or families of Indians, elsewhere resident.

IN WITNESS WHEREOF, the said Timothy Pickering, and the sachems and war chiefs of the said Six Nations, have hereunto set their hands and seals.

Done at Canandaigua, in the State of New York, in the eleventh day of November, in the year one thousand seven hundred and ninety-four.

TIMOTHY PICKERING
Witnesses
Interpreters
Israel Chapin Horatio Jones
Wm. Shepard Jun'r Joseph Smith
James Smedley Jasper Parrish
John Wickham Henry Abeele
Augustus Porter
James H. Garnsey
Wm. Ewing
Israel Chapin, Jun'r

(Signed by fifty-nine Sachems and War Chiefs of the Six Nations.)



he Canandaigua Treaty of 1794

Preamble of the Canandaigua Treaty

A Treaty Between the United States of America and the Tribes of Indians Called the Six Nations:

The President of the United States having determined to hold a conference with the Six Nations of Indians for the purpose of removing from their minds all causes of complaint, and establishing a firm and permanent friendship with them; and Timothy Pickering being appointed sole agent for that purpose; and the agent having met and conferred with the sachems and warriors of the Six Nations in general council: Now, in order to accomplish the good design of this conference, the parties have agreed on the following articles, which, when ratified by the President, with the advice and consent of the Senate of the United States, shall be binding on them and the Six Nations....

ARTICLE 1. Peace and friendship are hereby firmly established, and shall be perpetual, between the United States and the Six Nations.

ARTICLE 2. The United States acknowledge the lands reserved to the Oneida, Onondaga, and Cayuga Nations in their respective treaties with the State of New York, and called their reservations, to be their property; and the United States will never claim the same, nor disturb them, or either of the Six Nations, nor their Indian friends, residing thereon, and united with them in the free use and enjoyment thereof; but the said reservations shall remain theirs, until they choose to sell the same to the people of the United States, who have the right to purchase.

ARTICLE 3. The land of the Seneca Nation is bounded as follows: beginning on Lake Ontario, at the northwest corner of the land they sold to Oliver Phelps; the line runs westerly along the lake, as far as Oyongwongyeh Creek, at Johnson's Landing Place, about four miles eastward, from the fort of Niagara; then southerly, up that creek to its main fork, continuing the same straight course, to that river; (this line, from the mouth of Oyongwongyeh Creek, to the river Niagara, above Fort Schlosser, being the eastern boundry of a strip of land, extending from the same line to Niagara River, which the Seneca Nation ceded to the King of Great Britain, at the treaty held about thirty years ago, with Sir William Johnson;) then the line runs along the Niagara River to Lake Erie, to the northwest corner of a triangular piece of land, which the United States conveyed to the State of Pennsylvania, as by the President's patent, dated the third day of March, 1792; then due south to the northern boundary of that State; then due east to the southwest corner of the land sold by the Seneca Nation to Oliver Phelps; and then north and northerly, along Phelps' line, to the place of beginning, on the Lake Ontario. Now, the United States acknowledge all the land within the aforementioned boundaries, to be the property of the Seneca Nation; and the United States will never claim the same, 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 it shall remain theirs, until they choose to sell the same, to the people of the United States, who have the right to purchase.

ARTICLE 4. The United States have thus described and acknowledged what lands belong to the Oneidas, Onondagas, Cayugas and Senecas, and engaged never to claim the same, not disturb them, or any of the Six Nations, or their Indian friends residing thereon, and united with them, in the free use and enjoyment thereof; now, the Six Nations, and each of them, hereby engage that they will never claim any other lands, within the boundaries of the United States, nor ever disturb the people of the United States in the free use and enjoyment thereof.

ARTICLE 5. The Seneca Nation, all others of the Six Nations concurring cede to the United States the right of making a wagon road from Fort Schlosser to Lake Erie, as far south as Buffalo Creek; and the people of the United States shall have the free and undisturbed use of this road for the purposes of traveling and transportation. And the Six Nations and each of them, will forever allow to the people of the United States, a free passage through their lands, and the free use of the harbors and rivers adjoining and within their respective tracts of land, for the passing and securing of vessels and boats, and liberty to land their cargoes, where necessary, for their safety.

ARTICLE 6. In consideration of the peace and friendship hereby established, and of the engagements entered into by the Six Nations; and because the United States desire, with humanity and kindness, to contribute to their comfortable support; and to render the peace and friendship hereby established strong and perpetual, the United States now deliver to the Six Nations, and the Indians of the other nations residing among them, a quantity of goods, of the value of ten thousand dollars. And for the same considerations, and with a view to promote the future welfare of the Six Nations, and of their Indian friends aforesaid, the United States will add the sum of three thousand dollars to the one thousand five hundred dollars heretofore allowed to them by an article ratified by the President, on the twenty-third day of April, 1792, making in the whole four thousand five hundred dollars; which shall be expended yearly, forever, in purchasing clothing, domestic animals, implements of husbandry, and other utensils, suited to their circumstances, and in compensating useful artificers, who shall reside with or near them, and be employed for their benefit. The immediate application of the whole annual allowance now stipulated, to be made by the superintendent, appointed by the President, for the affairs of the Six Nations, and their Indian friends aforesaid.

ARTICLE 7. Lest the firm peace and friendship now established should be interrupted by the misconduct of individuals, the United States and the Six Nations agree, that for injuries done by individuals, on either side, no private revenge or retaliation shall take place; 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, or the superintendent by him appointed; and by the superintendent, or other person appointed by the President, to the principal chiefs of the Six Nations, or of the Nation to which the offender belongs; and such prudent measures shall then be pursued, as shall be necessary to preserve or peace and friendship unbroken, until the Legislature (or Great Council) of the United States shall make other equitable provision for that purpose.

NOTE: It is clearly understood by the parties to this treaty, that the annuity, stipulated in the sixth article, is to be applied to the benefit of such of the Six Nations, and of their Indian friends united with them, as aforesaid, as do or shall reside within the boundaries of the United States; for the United States do not interfere with nations, tribes or families of Indians, elsewhere resident.

IN WITNESS WHEREOF, the said Timothy Pickering, and the sachems and war chiefs of the said Six Nations, have hereunto set their hands and seals.

Done at Canandaigua, in the State of New York, in the eleventh day of November, in the year one thousand seven hundred and ninety-four.

TIMOTHY PICKERING
Witnesses
Interpreters
Israel Chapin Horatio Jones
Wm. Shepard Jun'r Joseph Smith
James Smedley Jasper Parrish
John Wickham Henry Abeele
Augustus Porter
James H. Garnsey
Wm. Ewing
Israel Chapin, Jun'r

(Signed by fifty-nine Sachems and War Chiefs of the Six Nations.)

CANANDAIGUA, NEW YORK - NOVEMBER 11, 1797
Native American Name English Translation
O-NO-YE-AH-NEE O-NA-AH-HAH TUG-GEH-SHOT-TA KON-NE-AT-OR-TEE-OOH HOT-OSH-A-HENH TEH-ONG-YOO-WUSH Handsome Lake
KAU-KON-DA-NAI-YA TEH-ONG-YA-GAU-NA TO-KENH-YOU-HAU Capt. Key
NON-DI-YAU-KA KON-NE-YOO-WE-SOT O-NES-HAU-EE KOS-SISH-TO-WAU TI-OOH-QUOT-TA-KAU-NA Woods On Fire
HENDRICK AUPAUMUT TO-HE-ONG-GO TA-OUN-DAU-DEESH DAVID NEESOONHUK OO-JAU-GEHT-A Fish Carrier
HO-NA-YA-WUS KANATSOYH Farmer's Brother or Nicholas Kusick
OOT-A-GUAS-SO SOG-GOO-YA-WAUT-HAU SOH-HON-TE-O-QUENT JOO-NON-DAU-WA-ONCH Red Jacket
OO-DUHT-SA-IT KAU-NEH-SHONG-GOO KON-YOO-TAI-YOO KO-NOOH-QUNG KI-YAU-HA-ONH SAUH-TA-KA-ONG-YEES Two Skies Of A Length
TOS-SONG-GAU-LO-LUSS OO-TAU-JE-AU-GENH Broken Axe
OUN-NA-SHATTA-KAU JOHN SHEN-EN-DO-A TAU-HO-ON-DOS KA-UNG-YA-NEH-QUEE O-NE-AT-OR-LEE-OOH Open The Way or Handsome Lake
SOO-A-YOO-WAU TWAU-KE-WASH-A KUS-SAU-WA-TAU KAU-JE-A-GA-ONH SE-QUID-ONG-QUEE Heap Of Dogs
E-YOO-TEN-YOO-TAU-OOK KO-DJEOTE SOO-NOOH-SHOO-WAU KOHN-YE-AU-GONG Half Town or Jake Stroud
THA-OG-WAU-NI-AS KEN-JAU-AU-GUS SHA-QUI-EA-SA Stinking Fish
SOO-NONG-JOO-WAU TEER-OOS SOO-NOH-QUA-KAU KI-ANT-WHAU-KA Capt. Prantup or Cornplanter
TWEN-NI-YA-NA HENRY YOUNG BRANT JISH-KAA-GA SOOS-YOO-WAU-NA Green Grasshopper or Big Sky or Little Billy

O-no-ye-ah-nee
Kon-ne-at-or-tee-ooh (Handsome Lake)
To-kenh-you-hau (Capt. Key)
O-nes-hau-ee
Hendrich Aupaumut
David Neessoonhuk
Kanatsoyh (Nicholas Kusik)
Soh-hon-te-o-quent
Oo-duht-sa-it
Ko-nooh-qung
Tos-song-gau-lo-luss
John Sken-en-do-a
O-ne-at-or-lee-ooh (Handsome Lake)
Kus-sau-wa-tau
E-yoo-ten-yoo-tau-ook
Kohn-ye-au-gong (Jake Stroud)
Sha~qui-ea-sa
Teer-oos (Capt. Printup)
Soos-ha-oo-wau
Henry Young Brant
Sonh-yoo-wau-na (Big Sky)
O-na-ah-hah
Hot-osh-a-henh
Kau-kon-da-nai-ya
Non-di-yau-ka
Kos-sish-to-wau
To-he-ong-go
Oo-jau-gent-a (Fish Carrier)
Oot-a-guas-so
Joo-non-dau-wa-onch Ki-yau-ha-onh
Oo-tau-je-au-genh (Broken Axe)
Tau-ho-on-dos (Open the Way)
Twau-ke-wash-a
Se-quid-ong-guee (Little Beard)
Ko-djeoto (Half Town)
Ken-jau-au-gus (Stinking Fish)
Soo-noh-qua-kau
Twen-ni-ya-na
Jish-kaa-ga (Green Grasshopper, Little Billy)
Tug-geh-shot-ta
Teh-ong-ya-gau-na
Teh-ong-yoo-wush
Kon-ne-yoo-we-sot
Ti-oo-quot-ta-kau-na (Woods on Fire)
Ta-oun-dau-deesh
Ho-na-ya-wus (Farmer's Brother)
Sog-goo-ya-waut-hau (Red Jacket)
Kon-yoo-tai-yoo
Sauh-ta-ka-ong-yees (Two Skies of Length)
Oun-na-shatta-kau
Ka-ung-ya-neh-quee
Soo-a-yoo-wau
Kau-je-a-ga-onh (Heap of Dogs)
Soo~nooh-shoo-wau
Tha-og-wau-ni-as
Soo-nong-joo-wau
Ki-ant-whau-ka (Corn Planter)
Kau-neh-shong-goo


http://www.upstate-citizens.org/myrights.html


What effect does entering Indian Land have on my rights?

To start with the most obvious one, it has been understood for more than a century that the Bill of Rights and the Fourteenth Amendment do not of their own force apply to Indian tribes. See Talton v. Mayes, 163 U. S. 376, 382-385 (1895); F. Cohen, Handbook of Federal Indian Law 664-665 (1982 ed.) ("Indian tribes are not states of the union within the meaning of the Constitution, and the constitutional limitations on states do not apply to tribes"). Although the Indian Civil Rights Act of 1968 (ICRA) makes a handful of analogous safeguards enforceable in tribal courts, 25 U. S. C. §1302, "the guarantees are not identical," Oliphant v. Suquamish Tribe, 435 U. S. 191, at 194, See also Cohen 667 ("Many significant constitutional limitations on federal and state governments are not included in the [ICRA]") and there is a "definite trend by tribal courts" toward the view that they "ha[ve] leeway in interpreting" the ICRA's due process and equal protection clauses and "need not follow the U. S. Supreme Court precedents `jot-for-jot,' " Newton, Tribal Court Praxis: One Year in the Life of Twenty Indian Tribal Courts, 22 Am. Indian L. Rev. 285, 344, n. 238 (1998). They have not surrendered their rights under the U.S. Constitution against the state or federal government, but only with respect to the Indian Governmental Entities of which they are a member.

The provisions of 25 USC § 1302 differ in language and in substance in many respects from those contained in the constitutional provisions on which they were modeled. The provisions of the Second and Third Amendments, in addition to those of the Seventh Amendment, were omitted entirely. The provision contained in § 1302 (8), differs from the constitutional Equal Protection Clause in that it guarantees "the equal protection of its [the tribe's] laws," rather than of "the laws." Moreover, § 1302 (7), which prohibits cruel or unusual punishments and excessive bails, sets an absolute limit of one year imprisonment and a $1,000 fine on penalties which a tribe may impose. Finally, while most of the guarantees of the Fifth Amendment were extended to tribal actions, it is interesting to note that § 1302 does not require tribal criminal prosecutions to be initiated by grand jury indictment, which was the requirement of the Fifth Amendment specifically at issue and found inapplicable to tribes in Talton v. Mayes, 163 U.S. 376, 16 S. Ct. 986, 41 L. Ed. 196 (1896). There is, for example, no right under the Act to appointed counsel for those unable to afford a lawyer. See 25 U.S.C. § 1302(6) which only provides that "and at his own expense to have the assistance of counsel for his defense"

Indians are fully covered by the U.S. Constitution from illegal acts by state and federal officials to the same extent as non-Indians. However, the U.S. Constitution is not applicable in tribal court. So Indians and non-Indians subject to tribal court jurisdiction have limited protections as extended to them by the Indian Civil Rights Act. It should also be noted that the only remedy the ICRA has for violations of it is a writ of habeas corpus. A writ of habeas corpus is a court decree that orders that a person being held in custody be brought before the court so it may determine the lawfulness of the detention. While an action under 42 USC 1983 for declaratory, damages and equitable relief may be brought against state officials for violations of the constitution.

This is why non-indians should not subject themselves to tribal court jurisdiction without fully comprehending what protections they do and do not have. However, this is true if you enter Canada or even Pennsylvania. Sometimes we as Americans think that because we are Americans we are entitled to the same "rights" where ever we are. However, those rights even vary state by state because some of the rights we enjoy are not provided by the U.S. Constitution, but from our State Constitution.


210 posted on 07/17/2004 5:12:10 PM PDT by bunkerhill7 (no grandfathering on NA weapons)
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To: tpaine

"On the Warrior side, weapons are still stockpiled and ready
for use, and sentiments are running high."

http://nativenet.uthscsa.edu/archive/nl/9208/0025.html
One Nation Under The Gun: Inside The Mohawk Civil War
Steve Brock (sbrock@teal.csn.org)
Fri, 7 Aug 1992 19:18:41 GMT

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Original-Sender: sbrock@teal.csn.org (Steve Brock)

[ This article is being relayed from the Usenet "alt.native" newsgroup. ]

ONE NATION UNDER THE GUN: INSIDE THE MOHAWK CIVIL WAR by Rick
Hornung. Pantheon Books, 201 E. 50th St., N.Y., NY 10022. Index,
chronology, maps. 294 pp., $22.00 hardcover. 0-679-41265-4

REVIEW

What Hornung calls a "civil war" was the top blowing off of a
pressure cooker called the Akwasasne reserve, located on the
borders of Ontario, Quebec, and New York. The pressure began in
the early 1980s when a rift developed between tribal members over
how tribal elections were to be conducted, and whether or not the
tribe should begin, with the encouragement of the U.S. government,
gambling operations.
On one side, Hornung says, were those who favored democratic
elections with those elected negotiating with the U.S. and Canadian
governments for development money. They also wanted to develop
high-stakes bingo parlors and casinos. They called themselves the
Warriors.
On the other side were the traditionalists, who opposed white-
style elections. They believed that the negotiations had already
taken place when the Iroquois Confederacy was formed in the
seventeenth century. They believe in a government in accord with
the Confederacy's Constitution. Gambling, to them, is a corrup-
tion, with the tribe making profits from games of chance rather
than from work. Generally, the anti-gambling faction is located on
the Canadian side of the reservation.
Still a third group sprouted from factions of the two, which
absorbed some of the beliefs of each. Their primary activity was
smuggling.
The gambling controversy has resulted in violence between
tribal members. In May, 1990, two Mohawks were killed in an all-
night siege.
More pressure came from a proposal by the Canadian town of Oka
to extend a golf course onto land the Mohawks consider as sacred.
In July, 1990, a Quebec policeman was shot and killed in a dispute
over the site. Several roadblocks were set up by armed Warriors in
fatigues, and sympathetic tribes followed suit as far away as
British Columbia.
The initial distribution of the book in Canada was temporarily
blocked by two female activists who alleged that they had been
misquoted.
Hornung, a staff writer for the Village Voice, makes no bones
about where his sentiments lie, and these are readily expressed as
he chronicles the Mohawk events, "reporting on the fly, running
between interviews, shootouts, car rammings, standoffs, troop
deployments and press conferences." He feels that the tribe should
be able to attempt self-sufficiency (gambling) instead of being
oppressed by the governmental dole.
For sixteen months, the Mohawk tribe was caught up in the
formation of blockades (by men wearing fatigues and carrying
automatic weapons), beatings, and drive-by shootings. Hornung
describes each event as if writing a long newspaper article, then
interviews those involved on each side.
Hornung depicts the culminating surrender of those holed up in
a treatment center as a large-scale waterfight, with soldiers
spraying tribal members with a firehose while they retaliated with
water-filled condoms.
After the final surrender, on September 26, 1990, the standoff
continues, but now it is below the surface. The Mohawk casinos are
being built while their operators await approval from the state
government. The State of New York has opposed the introduction of
slot machines, stating that they are illegal under state law. The case is in federal court.
On the Warrior side, weapons are still stockpiled and ready
for use, and sentiments are running high. Hornung, sometime in the
future, may sit down to write "The Mohawk Civil War II."


228 posted on 07/18/2004 12:09:48 AM PDT by bunkerhill7 ( NA weapons)
[ Post Reply | Private Reply | To 209 | View Replies ]

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