A MESSAGE FROM GANIENKEH
INDEPENDENT NORTH AMERICAN INDIAN STATE
NO. 40 NOVEMBER, 1980
WANT CONGRESS TO ZIP THROUGH ILLEGAL INDIAN LAND CLAIM
Recently, we were tipped off that the Akwesasne tribal council was engaged in secret negotiations with State and Federal Officials over the land claim instituted by the said tribal council, with emphasis on a quick settlement. The fact that the elective Mohawks and the government officials are meeting in secret and shall try to rush through a fast Congressional action shows that they know the elective Mohawws have no real legal right to make such a land claim.
Consider the fact that the elective Mohawk tribal council and their followers are citizens of the United States and therefore are legally white people known as naturalized Americans of Indian descent and therefore no longer legally Indians. As such, they can have no longer any right to be on Indian land (reserved for Indians), much less make Indian land claims. The tip off is a warning that though the traditional Mohawks have a strong legal and aboriginal right to the land, the elective Mohawk-United States citizen-tribal council and the government officials can rush through Congress their bogus land claim. In the past, a lot of questionable measures have gone through Congress. It is necessary for the traditional Mohawks who are citizens of the Mohawk nation of the Six Nations Confederacy and who are the natural title holders of the nine million acre Mohawk Territory, to move to protect their interests and soon.
We were also interested that the settlement being considered is the same as the Cayuga settlement earlier this past year. The Cayugas made a small land claim and to get settlement, had to relinquish forever all claims to their 5,000,000 acre territory. The elective Mohawk tribal council (devised and established by the United States government), not knowing or caring about the Indian's human rights, shall be made to make the same relinquishment of all claims forever to land they have no right to claim in the first place. We are also told that a Mohawk referendum is planned on the proposed settlement before it is submitted to Congress. Since the rules for such a referendum would be made up as they go along, the Mohawks shall be really messed up. In Maine, the referendum on the Passamaquaddy and Penobscot settlement was held on only five days notice and the results were ruled "advisory only" and of no legal significance, which means that it doesn't make any difference which way it goes. It must be a requirement of the law. "We met the requirement of the law. We had a referendum." Even if it doesn't make any difference.
Our own Mohawk people are selling us out. Of course, they've been brainwashed and don't really know what they're doing. The situation has assumed an emergency status and we are gathering Mohawk traditionals from all the centers such as Ganienkeh, Kahnawake, Akwesasne, Kanesatakeh, Tayentaneken and Ohsweken. We've had one meeting already in Akwesasne with others to follow. One of the lawyers was present to ouiline the legal angles. An early action is indicated.
We had great men and heros in the past. We also had our Jonahs. Such a one was Joseph Brant. He was an educated and brainwashed Indian. He became a British citizen and subject. Swore allegiance to the Crown of England. At a tender age, he was at Quebec in 1759, when a thousand Six Nations warriors, with the help of about 4,000 British, conquered the French. He developed a genius for war. After the Revolutionary War, he became a political opportunist. Without telling the Mohawk people or the rest of the Six Nations, he gave away 700,000 acres of land in Ontario to his British friends. Legally, only the Grand Council of the Six Nations can make a treaty and not the individual nations of the Confederacy. Joe Brant made a personal treaty with New York State, which also does not have the right to make treaties as that right belongs only to the Federal government and not individual states of the union. For the pleasure of making a treaty, Brant who said he had a "power of attorney", sold the 9 million acre Mohawk Territory to New York State for $1,500 - at the rate of 6,000 acres for a dollar. How cheap can you get?
New York is stuck with Jos. Brant's personal treaty. They thought it's the treaty to end all treaties. Perhaps they were overawed by the greatness of the Mohawk they were dealing with. He could have sold them the Brooklyn Bridge cheaply. In the white man's school, Joseph Brant learned his lessons very well. He developed into a greater Christian and superior white than the white people. Who but a saint would be so generous with his people's possessions? His own people were not to know of this great generosity for quite a while. What they don't know won't hurt them. In his fervent zealousness, he sold what he had no right to sell. New York State was victimized by holy crookedness. They bought hot goods. Present day citizens of New York State are receivers of stolen goods, bought from a seller who did not own what he sold. The Mohawks should make good the $1,500 that Joseph Brant received under false pretenses. The Mohawks should restore the $1,500 where it belongs, to New York State. In return, the New York State people, living in residential trespass, should quietly leave the Mohawk territory, thereby repaying good for good. Repaying the $1,500 would be a good deed for the Mohawks. Returning the land bought fraudulently for $1,500 would be a good deed for the New York people.
Mighty Joe Brant, whose genius sparkled in war, sizzled in battle, fizzled in politics, left us Mohawks with a mighty problem indeed. However, there is a solution to every problem. See you.
LEADER OF FOX WARRIOR SOCIETY GIVEN TWO LIFE TERMS PLUS SIX YEARS
In an obvious drive to get unwanted Indian leaders out circulation, a court in Virginia sentenced War Chief Tom Drumheller of Riverton, VA to two life terms plus six years on charges of kidnap and murder, which he testifies is a gross miscarriage of justice. In December of 1979, the police invaded his home without a search warrant nor an arrest warrant and arrested him. Held him months without a charge in violation of "his constitutional rights to a speedy trial."
Finally, his case went into court. He was tried without being present. He says they didn't want him to see the state witnesses or to cross examine them. The eye witness said the suspect had a round flat face and blonde hair. The War Chief doesn't answer to that description and he has dark hair. The witness certainly didn't point him out. The lab experts could find no finger prints on the gun, could not determine what blood type was found. They couldn't get anything in good enough shape to test.
All they had was an Indian handy to put in jail for two life terms. In case he lives out two life terms, he'll have to serve six extra years. His lawyers tried to get a change of venue as they knew he'll not get a fair trial. It was not allowed. Some of the defense witnesses were not allowed to testify. According to the reports, "it's the worst barefaced frame up."
The defense is in the process of appealing the case. Because of the insufficient evidence, the defense lawyers feel that the victim has a chance to win an acquittal. The defence can prove a pile up of violations of their client's constitutional rights. In no uncertain terms, the War Chief declares his innocence of the crime.
It's not the first time an Indian finds himself facing a stacked deck. In some of the cases, the Indians had to spend years behind bars before they could prove their innocence. One such current case is Leonard Peltier. There are other cases less political but whose relatives and friends suffer no less anguish.
We certainly hope that white man's justice finds the courage and righteousness to stop playing cat and mouse with the victims so that justice can be really done and the victims can return to their families, the case of Tom Drumheller, to his wife and two children in the near future.
MESSAGE FROM GANIENKEH