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Land Claim
News Haudenosaunee Land Claim
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| Page 6 Haudenosaunee Land Claim
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Fall 1999 |
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| Revolution, in 1779, General
John Sullivan's invasion of Haudenosaunee lands failed to accomplish the
Patriots' primary goal: Sullivan did not force the Haudenosaunee
warriors who were pro-British to surrender. He and his men retreated
from Haudenosaunee territory after they had burned Haudenosaunee
cornfields and homes and destroyed some orchards. Ironically, some
of these orchards, cornfields, and homes were those of the Haudenosaunee
who had remained neutral or even pro-Patriot Indian families.
The Haudenosaunee never capitulated, surrendered nor were we ever defeated in a decisive battle. The Fort Stanwix Treaty of 1784 between the Haudenosaunee and the United States is not a surrender treaty. President George Washington called for this treaty. He wanted peace because he knew that his country could not afford a protracted war with the Haudenosaunee over land. This treaty restored peace and friendship and showed that the Haudenosaunee were recognized as a distinct political entity with rights to their lands. The Canandaigua Treaty of 1794 actually restored some land that was taken inappropriately in the previous treaties.5) Why Are Indian Nations Sovereign?Sovereignty is the action of a sovereign nation. The sovereignty of the Haudenosaunee was not given by the United States. It is not a right granted to us, it is an inherent right that was established at the formation of the Haudenosaunee and the Great Law of Peace. We have had, and continue to have, the power of sovereignty as a nation. We have the power to pass laws, make treaties, and act on behalf of our people with the various sovereigns of the world. The law of the United States has always recognized the inherent sovereignty of Indian Nations and it continues to do so. The Haudenosaunee were five nations (now six, with the addition of the Tuscarora Nation) who |
joined together under our
constitution called the Great Law of Peace. The Haudenosaunee, meaning
"The People of the Longhouse," have fifty leaders who sit in
council and made decisions for the people following a precise set of
procedures. The Haudenosaunee acted in a sovereign manner when they sat
with the delegates from England, France and the Netherlands. During the
colonial era until the Revolutionary War, the Haudenosaunee made at
least fifty treaties. That sovereignty continued afterward with the
making of treaties with the United States.
Under the Great Law each member nation retains its authority to govern its own affairs and manifest the will of the people within the framework of the spiritual teachings, the Great Law, and its own nation's laws. Each nation reserves the right to adjudicate internal disputes, pass laws for the welfare of its own community, maintain service delivery systems, assess fees, regulate trade and commerce, control immigration and citizenship, oversee public works, approve leases and land use, and appoint, officials to act on its behalf. Every Haudenosaunee nation has the authority to defend its citizens against internal and external dangers and advocate for peaceful resolutions of conflicts and the equitable distribution of collective resources. The sovereign rights of our nations rest with the traditional governments that were granted those rights by the Creator under the Great Law. There has never been any provision for transferring that sovereign authority to any other entity. The traditional chiefs of the Haudenosaunee have never consented to such a transfer. 6) What is the Role of the Federal Government in the Land Claim? The federal government is bound by the U.S. Constitution, treaties with the Haudenosaunee and federal law to protect the interests of the Haudenosaunee in these claims. The Trade and Intercourse Act of 1790 states that whenever a non-Indian government or individual wants to
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