DOCSLIB.ORG

The 1794 Treaty of Canandaigua and the Taxation of Native Americans

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The 1794 Treaty of Canandaigua and the Taxation of Native Americans taxnotes federal Volume 171, Number 12 ■ June 21, 2021 The 1794 Treaty of Canandaigua and The Taxation of Native Americans by William A. Starna Reprinted from Tax Notes Federal, June 21, 2021, p. 1915 For more Tax Notes content, please visit www.taxnotes.com. © 2021 Tax Analysts. All rights reserved. Analysts does not claim copyright in any public domain or third party content. SPECIAL REPORT tax notes federal The 1794 Treaty of Canandaigua and The Taxation of Native Americans by William A. Starna constituted and ratified by the government, are William A. Starna is professor emeritus of anthropology at State University of New York regarded as the “supreme Law of the Land,” their interpretation and application relegated to College at Oneonta and a fellow of the New 1 York Academy of History. He would like to questions of law and fact. Nonetheless, Indian thank Patrick Brown, Jack Campisi, Erik M. treaties did not arise, nor were they negotiated, in Jensen, Arlinda Locklear, Eileen McClafferty, a vacuum. They were the product of historical Joseph Membrino, and Timothy Shannon for circumstances that for the United States and their helpful comments, guidance, and good American Indians required attention, made in graces in reading early drafts of this report. response to conditions on the frontier and the In this report, Starna examines the Treaty of immediacy for pragmatic solutions. By extension, Canandaigua, assessing how courts have treaties and the way parties contemplated their construed and applied the plain words reach into the future, and then their relevance in contained in its provisions. the present, frame a history worthy of Starna prepared a historical report on the examination. They are, in the end, historical documents created in the milieu of historical 1784-1794 treaty period and the Six Nations for 2 the plaintiffs in Cook v. United States, 32 Fed. Cl. events. 170 (1994). On November 11, 1794, after weeks of often difficult negotiations, federal Indian Table of Contents commissioner Timothy Pickering and the chiefs and warriors of communities of the Six Nations Introduction . .1915 gathered to sign a treaty at Canandaigua, in Historical Background . .1916 western New York. Officially designated “A The Canandaigua Treaty . .1919 Treaty Between the United States of America, and The Post-Treaty Period. .1922 the Tribes of Indians Called the Six Nations,” its Courts, Texts, and Taxation . .1923 purpose was to remove “all causes of complaint” The Canandaigua Treaty and the Federal and establish “a firm and permanent friendship Income Tax . .1925 with them.” For the United States, the treaty Taxing Reservation-Earned Income and secured peace and a cession of the claims of the Six Businesses . .1926 Nations to the Ohio Valley; returned to the Aftermath . .1929 Senecas lands taken by the Fort Stanwix treaty of Texts and Meaning . .1930 1784; and acknowledged the lands of the Cayugas, Conclusion . .1932 Onondagas, and Oneidas reserved in their treaties Introduction 1 Addressing the nature of Indian treaties — U.S. Const. Art. VI, section 2: “This Constitution, and the Laws of the whether the colonial-period treaty, the act of United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, negotiating, or a compact between two sovereign shall be the supreme Law of the Land.” 2 states — is a complicated undertaking. The most authoritative and comprehensive discussion on the history Fundamentally a political endeavor, treaties, once of Indian treaties is Francis Paul Prucha, American Indian Treaties: The History of a Political Anomaly (1994). TAX NOTES FEDERAL, VOLUME 171, JUNE 21, 2021 1915 For more Tax Notes® Federal content, please visit www.taxnotes.com. SPECIAL REPORT © 2021 Tax Analysts. All rights reserved. Analysts does not claim copyright in any public domain or third party content. with New York. Article VII, which set out the loyalist Indians and the western lands — the Ohio government-to-government relationship between country or upper Ohio Valley. In October of the the United States and “the Six Nations or any of following year, the United States concluded a them,” recognized their sovereign status. A treaty with the Six Nations at Fort Stanwix, central element of the treaty is the promise made whereby the Senecas, Cayugas, Onondagas, and to each of the Six Nations, found in articles II, III, Mohawks, who had sided with the Crown, were and IV. Of the land returned and reserved to them dealt with as a defeated people. Article III of the — “their property” — “the United States will treaty compelled a surrender of the Six Nations’ never claim the same, nor disturb them or either claims to the Ohio country, fixing a line of cession of the Six Nations, nor their Indian friends generally south from about the mouth of the residing thereon and united with them, in the free Niagara River to Pennsylvania, then south along use and enjoyment thereof: but the said that colony’s western boundary to the Ohio River. reservations shall remain theirs, until they choose Although the Six Nations — including the to sell the same to the people of the United States, Oneidas and Tuscaroras, who had joined the who have the right to purchase.” Also in Article Americans in the war — were “secured in the IV, the Six Nations “and each of them, hereby peaceful possession” of their lands remaining east engage that they will never claim any other lands and north of this line, the Senecas were forced to within the boundaries of the United States; nor give up most of their land in New York to the ever disturb the people of the United States in the national government. Soon after, Pennsylvania free use and enjoyment thereof.”3 commissioners, under the authority of Congress, In this assessment of the Canandaigua treaty, acquired from the Six Nations a release to a large the question at hand is how courts have construed tract of the northwest quadrant of the and applied the plain words contained in its commonwealth not yet purchased from the provisions — in particular on the matter of federal Indians.4 taxation — and what a clear-eyed reading of the Federal treaty commissioners next turned to treaty’s history offers in return. As such, it does the Native groups in the Ohio Valley, concluding not pose legal arguments or directly interrogate the Fort McIntosh treaty in 1785. Here the western judicial outcomes. Addressed instead are the Indians surrendered most of their lands in the courts’ interpretations of the treaty, a task Ohio country, except a reservation between the assumed to have been attended by a familiarity Cuyahoga and Maumee rivers. However, this and with its historical context. the Fort Stanwix treaty caused considerable agitation and resentment among Indians on the Historical Background frontier. Beyond the hostility that Native The 1783 Treaty of Paris, which ended participants in the Fort Stanwix treaty hostilities between Great Britain and the United encountered from their own people upon States and recognized the independence and returning home and the Senecas’ anger over the sovereignty of the colonies, was silent regarding land cession to Pennsylvania, the United States had dismissed any notion of an alliance operating independently from that of the Ohio Valley 3 The Six Nations is the collective term first applied in the 18th Indians. It chose instead to deal with the Six century to the Senecas, Cayugas, Onondagas, Oneidas, Mohawks, and Nations’ communities individually rather than as Tuscaroras — Iroquoian-speaking groups that resided generally in what is now upstate New York. Today these Native communities use the self- the confederacy they asserted. All signs pointed to referent Haudenosaunee (Seneca, Hodinöhsö:ni’), “People of the a joining of the Ohio Indians, determined to fight Longhouse.” For the text of the Canandaigua treaty, see 2 Charles J. Kappler, ed., Laws and Treaties: Indian Affairs 34-37 (1904). The best for their homelands, with at least four of the Six treatments of the history and implications of the Canandaigua treaty are William N. Fenton, The Great Law and the Longhouse: A Political History of the Iroquois Confederacy (1998); and Jack Campisi and William A. Starna, “On the Road to Canandaigua: The Treaty of 1794,” 19 Am. Indian Q. 467 (1995). See also Edward Hake Phillips, “Timothy Pickering at His Best: Indian Commissioner, 1790-1794,” 102 Essex Inst. Press 163 (1966); G. Peter Jemison and Anna M. Schein, eds., Treaty of Canandaigua 1794 (2000); Michael Leroy Oberg, Peacemakers: The Iroquois, the United States, 4 and the Treaty of Canandaigua, 1794 (2015); and Gerard H. Clarfield, Kappler, supra note 3, at 5-6; Campisi and Starna, supra note 3, at Timothy Pickering and the American Republic (1980). 468-469; and Prucha, supra note 2, at 45-48. 1916 TAX NOTES FEDERAL, VOLUME 171, JUNE 21, 2021 For more Tax Notes® Federal content, please visit www.taxnotes.com. SPECIAL REPORT © 2021 Tax Analysts. All rights reserved. Analysts does not claim copyright in any public domain or third party content. Nations — a threat that forced the United States to would dominate federal Indian policy through to rethink its policy of taking Indian lands.5 1871, the end of the treaty-making period.7 As the Confederation period ended, the In September 1790 Knox, frustrated by the national government moved to remedy what was continued unrest in the Ohio country, approved a failing Indian policy. In treaties signed at Fort plans to launch a military operation to contain the Harmar in January 1789, the cessions agreed to at Wabash Indians there. In the meantime, the Fort Stanwix and Fort McIntosh treaties were diplomatic efforts were undertaken to ensure the reaffirmed along with commitments to mutual neutrality of the Six Nations tribes, especially the respect and a permanent peace.
Load more

Recommended publications
  • Indigenous People of Western New York
    FACT SHEET / FEBRUARY 2018 Indigenous People of Western New York Kristin Szczepaniec Territorial Acknowledgement In keeping with regional protocol, I would like to start by acknowledging the traditional territory of the Haudenosaunee and by honoring the sovereignty of the Six Nations–the Mohawk, Cayuga, Onondaga, Oneida, Seneca and Tuscarora–and their land where we are situated and where the majority of this work took place. In this acknowledgement, we hope to demonstrate respect for the treaties that were made on these territories and remorse for the harms and mistakes of the far and recent past; and we pledge to work toward partnership with a spirit of reconciliation and collaboration. Introduction This fact sheet summarizes some of the available history of Indigenous people of North America date their history on the land as “since Indigenous people in what is time immemorial”; some archeologists say that a 12,000 year-old history on now known as Western New this continent is a close estimate.1 Today, the U.S. federal government York and provides information recognizes over 567 American Indian and Alaskan Native tribes and villages on the contemporary state of with 6.7 million people who identify as American Indian or Alaskan, alone Haudenosaunee communities. or combined.2 Intended to shed light on an often overlooked history, it The land that is now known as New York State has a rich history of First includes demographic, Nations people, many of whom continue to influence and play key roles in economic, and health data on shaping the region. This fact sheet offers information about Native people in Indigenous people in Western Western New York from the far and recent past through 2018.
    [Show full text]
  • Upper Canada, New York, and the Iroquois Six Nations, 1783-1815 Author(S): Alan Taylor Reviewed Work(S): Source: Journal of the Early Republic, Vol
    Society for Historians of the Early American Republic The Divided Ground: Upper Canada, New York, and the Iroquois Six Nations, 1783-1815 Author(s): Alan Taylor Reviewed work(s): Source: Journal of the Early Republic, Vol. 22, No. 1 (Spring, 2002), pp. 55-75 Published by: University of Pennsylvania Press on behalf of the Society for Historians of the Early American Republic Stable URL: http://www.jstor.org/stable/3124858 . Accessed: 02/11/2011 18:25 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. University of Pennsylvania Press and Society for Historians of the Early American Republic are collaborating with JSTOR to digitize, preserve and extend access to Journal of the Early Republic. http://www.jstor.org THE DIVIDED GROUND: UPPER CANADA, NEW YORK, AND THE IROQUOIS SIX NATIONS, 1783-1815 AlanTaylor In recentyears, historians have paid increasing attention to bordersand borderlandsas fluidsites of bothnational formation and local contestation. At theirperipheries, nations and empires assert their power and define their identitywith no certainty of success.Nation-making and border-making are inseparablyintertwined. Nations and empires, however, often reap defiance frompeoples uneasily bisected by theimposed boundaries. This process of border-making(and border-defiance)has been especiallytangled in the Americaswhere empires and republicsprojected their ambitions onto a geographyoccupied and defined by Indians.Imperial or nationalvisions ran up against the tangled complexities of interdependentpeoples, both native and invader.
    [Show full text]
  • “The Law of the Land”
    Oneida Cultural Heritage Department By: Loretta V. Metoxen Edit, Revision, and Layout: Tiffany Schultz (09/13) “The Law of the Land” All treaties “shall be the supreme law of the land;…anything in the Constitution or laws of any State to the contrary notwithstanding.” From the United States Constitution, Article VI. payments for all time to come. But the Oneida TREATIES THEN AND THEIR IMPACT leadership of the time rejected all offers and held NOW on to the Treaty Rights so that the Treaty of The Oneidas were party to the several Canandaigua is as valid today is it was when it Five Nations who were trading with them or was made more than two hundred years ago. attempting settlement in or near their ancient Furthermore, Article II of the Treaty of lands as early as 1613. The state of New York, Canandaigua was an important argument upon as one of the thirteen colonies of the Continental which the Supreme Court of the United States, Congress also treated with the Haudenosaunee— in 1985, determined that the Oneidas have collectively and separately. aboriginal title to the 270,000 acre reservation in The United States, after adoption of the mid-state New York. Constitution in 1789, also concluded treaties with the Oneidas and others of the Five Nations TREATY WITH THE SIX NATIONS, 1794 for cession of land, peace and friendship and to recognize services of the Tribes to the fledgling country. The Treaty with the Six Nations of 1794 is also referred to as the Treaty of Canandaigua (place of agreement) or The Pickering Treaty with reference to the United States Commissioner present.
    [Show full text]
  • The Intersection of Tribal and Environmental Law Presenters
    Beyond Standing Rock: The Intersection of Tribal and Environmental Law Presenters: Joseph Heath, Esq. Curt D. Marshall, Esq. Moderator: Amy K. Kendall, Esq. BEYOND STANDING ROCK: THE INTERSECTION OF INDIGENOUS NATIONS AND ENVIRONMENTAL LAW MATERIAL FOR PRESENTATION BY JOSEPH J. HEATH, ESQ, ONONDAGA NATION GENERAL COUNSEL: A. Wm. Beauchamp map of Indigenous territories in New York, before colonization: B. Red paper on Treaties; C. Red paper on Nations not tribes; D. 1st ¶ of 2005 Onondaga Nation Land Rights Action Complaint; E. Map of Superfund sites in and around Onondaga Lake; F. U. S. Fish & Wildlife article on Traditional Ecological Knowledge; G. NYS DEC Consultation with Indian Nations Policy. A BRIEF HISTORY OF HAUDENOSAUNEE TREATY MAKING AND THE OBLIGATIONS OF THE UNITED STATES TO PROTECT HAUDENOSAUNEE LANDS AND TO NOT DISTURB THE FREE USE AND ENJOYMENT THEREOF: March, 2012 In Article VI, the United States Constitution clearly mandates that: “[A]ll Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land. .” The United States Senate has recognized that the Constitution was heavily influenced by and modeled after the Haudenosaunee Confederacy’s founding principles, contained in the Great Law of Peace. Before reviewing a more complete history of Haudenosaunee treaty making, we will begin with the most recent treaty: the 1794 Treaty of Canandaigua, which was pursued by President Washington, because he very much needed to ensure that Haudenosaunee warriors would not join in the Ohio Indian wars, in which his armies were being defeated. Washington summoned the Six Nations Chiefs to Canandaigua by sending out wampum strings, as required by Haudenosaunee diplomatic protocol.
    [Show full text]
  • Oneida Indian Nation: a Personal History
    Oneida Indian Nation: A Personal History Kandice Watson February 25, 2016 Kandice Watson is the Director of Education and Cultural Outreach for the Oneida Indian Nation, and is also Director of the Nation’s Shako:wi Cultural Center. y name is Kandice Watson. I am a member of the Oneida Indian Nation of New York. There are M three Oneida Indian Nations—two are in the United States (one in New York and one in Wisconsin), and the other is in Oneida, Canada. They are all independent of each other. They have their own governments, their own rules, their own everything. I am from New York, and I moved to the Oneida Indian reservation when I was about six years old, in about 1971. In case you are not aware—I was not aware of this myself until a few years ago—the area here around Juniata College has a very strong connection with the Oneida Indian Nation. I do a lot of traveling, and my husband and I drive through Pennsylvania to get to Washington, D.C., and every time we come through Pennsylvania we try to go a different route. One time we found ourselves driving through Oneida, Pennsylvania, and we wondered why on Earth there is an Oneida, Pennsylvania. When I got home I did some research and found out about Juniata and Oneida and the reason why they are here. There used to be an Oneida village here, a long time ago in the mid-1600s. We all know about Captain John Smith. He was the one who was with Pocahontas.
    [Show full text]
  • Vol. 1, No. 23 the Treaty of Canandaigua and Annuity Payments
    The Treaty of Canandaigua and negotiate another treaty with the Six Nations and maintain the peaceful and friendly relationship.2 the Oneida Annuity Payments Article two of the treaty states: “The United States acknowledge the lands reserved to the The Treaty of Canandaigua (see Figure 1)1 Oneida…to be their property: and the United States was signed between members of the Six Nations will never claim the same, nor disturb them, or and the government of the United States of America either of the Six Nations, nor their Indian friends, on November 11th, 1794. This remarkable treaty residing thereon, and united with them, in the free was a building block for future relations between use and enjoyment thereof…”3 the Oneida and the U.S. and In addition to the represents one of the few times recognition of the sovereignty of the new American government the Six Nations, article six of the recognized the sovereignty of the Treaty of 1794 solidified the birth Oneida and others of the Six of the Oneida annuity payments. Nations. In addition, the promise Every year since 1794, the Oneida of a special annuity payment have received the amount of would be made to the Six $1,000. In the early 1900s the Nations. That provision gave amount dispersed to the Wisconsin birth to the Oneida annuity Oneidas began to increase until in payment, which is paid each 1937, the amount peaked at year. Although this treaty is over $1,800. From its inception until 200 years old, its validity and the mid 1900s, the annuity strength continues to endure payment was distributed equally to today and will likely continue to all tribal members in the form of a influence diplomacy for centuries per capita payment.
    [Show full text]
  • Building a New Longhouse: the Case for Government Reform Within the Six Nations of the Haudenosaunee
    Buffalo Law Review Volume 46 Number 3 Symposium on Law, Sovereignty and Article 6 Tribal Governance: The Iroquois Confederacy 10-1-1998 Building a New Longhouse: The Case for Government Reform within the Six Nations of the Haudenosaunee Robert B. Porter University of Kansas Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Indian and Aboriginal Law Commons Recommended Citation Robert B. Porter, Building a New Longhouse: The Case for Government Reform within the Six Nations of the Haudenosaunee, 46 Buff. L. Rev. 805 (1998). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol46/iss3/6 This Symposium Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. ARTICLE Building a New Longhouse: The Case for Government Reform within the Six Nations of the Haudenosaunee ROBERT B. PORTERt Introduction ........................................................................ 806 I. What is the Current State of HaudenosauneeGov- ernance? ..................................... ... ... .. ... ... ... .. ... ... ... ... 814 A. Acceptance of the Gayanashagowa and Estab- lishment of the Confederacy ................................ 814 B. Transformation and Americanization ................. 821 C. Dysfunction and the Modern Era.: ...................... 844 II. What are the Reasons for Haudenosaunee Govern- mental Dysfunction? .................................................. 889 A. The Change in Haudenosaunee Society and Identity ................................................................. 890 B. The Transformation of Haudenosaunee Eco- t © Robert B. Porter 1999. Associate Professor of Law and Director of the Tribal Law and Government Center at the University of Kansas.
    [Show full text]
  • No Sovereign Nation, No Reservation”: Opposing Haudenosaunee Sovereignty Through Land Claim and Fee-To- Trust Discourse
    “NO SOVEREIGN NATION, NO RESERVATION”: OPPOSING HAUDENOSAUNEE SOVEREIGNTY THROUGH LAND CLAIM AND FEE-TO- TRUST DISCOURSE By Meghan Y. McCune A DISSERTATION Submitted to Michigan State University in partial fulfillment of the requirements for the degree of Anthropology—Doctor of Philosophy 2015 i ABSTRACT “NO SOVEREIGN NATION, NO RESERVATION”: OPPOSING HAUDENOSAUNEE SOVEREIGNTY THROUGH LAND CLAIM AND FEE-TO- TRUST DISCOURSE By Meghan Y. McCune In 1974, the United States Supreme Court Oneida Indian Nation of New York v. County of Oneida decision opened the federal courts to Native American land claims against states and many Native Nations have since used the United States legal system to file land claims. In the wake of the now landmark 2005 United States Supreme Court decision City of Sherrill v. The Oneida Indian Nation of New York, Native Nations have found it nearly impossible to seek redress through the courts and many have turned to the fee-to-trust process as a means of regaining land. Beginning in the 1970s and 1980s when the Oneida Indian Nation and Cayuga Indian Nation successfully filed their land claims, non-Native communities—affected by 50 years of economic decline—organized and systematically challenged the exercise of Haudenosaunee sovereignty in Central New York State. Specifically, since its inception in 1980 the Cayuga Nation’s land claim has been met with local opposition in the form of organized grassroots anti-Indian sovereignty movements—most notably Upstate Citizens for Equality (UCE). This dissertation draws from ethnographic research of UCE and analyzes varying interpretations of law, policy, race, and class that inform non-Native understandings and attitudes towards Haudenosaunee sovereignty.
    [Show full text]
  • The Exact Date of the Founding of a Permanent Seneca Community
    1 The Tonawanda Community Early History he exact date of the founding of a permanent Seneca community Tat Tonawanda is unknown; however, Seneca settlement there was no accidental occurrence. In the seventeenth century, Tonawanda and its environs had been in the vicinity of Neutral, Erie, and Wenro territory, three nations conquered and absorbed by the Senecas from 1638 to 1680.1 In June, 1788, Reverend Samuel Kirkland, Presby- terian missionary to the Oneidas, who was traveling from the Sen- eca territory along the Genesee River to Buffalo Creek, noted when passing through Tonawanda that ruins of three ancient fortifications were visible.2 Indeed, Arthur C. Parker, the noted anthropologist of Seneca ancestry, later suggested that some of the Senecas who set- tled at Tonawanda had Neutral ancestry.3 Although it is difficult for archaeologists to separate exactly Neutral from later Seneca sites, some scholars maintain that the Senecas were establishing fishing camps and hunting in the vicinity of Tonawanda and trading with the French (and later English) at Fort Niagara by the mid-eighteenth century.4 Migrations to Tonawanda continued to occur from the Ameri- can Revolution well into the 1830s. In the summer of 1779, George Washington’s army in the Sullivan-Clinton campaign devastated the Iroquois villages in the Genesee River Valley and sent the Indians fleeing westward. One group of Seneca refugees settled along the Tonawanda Creek.5 Other Senecas later came to Tonawanda after the land cession of the entire Little Beardstown Reservation in a feder- ally ratified treaty in 1802.6 Still others arrived at Tonawanda with Handsome Lake (Ganiodayo), the Seneca prophet, after he was ostra- cized from the Allegany Reservation and went into exile before the 1 © 2011 State University of New York Press, Albany 2 The Tonawanda Senecas’ Heroic Battle Against Removal War of 1812.7 Another major Indian migration to Tonawanda from the Genesee Valley occurred after the federal treaty of 1826 when a large number of Canawaugus Seneca were forced off their Genesee Valley lands.
    [Show full text]
  • International Law/The Great Law of Peace
    INTERNATIONAL LAW/THE GREAT LAW OF PEACE A Thesis Submitted to the College of Graduate Studies and Research in Partial Fulfillment of the Requirement for a Masters Degree in the College of Law University of Saskatchewan Saskatoon By Beverley Jacobs Spring 2000 © Copyright Beverley Jacobs, 2000 . All rights reserved. PERMISSION TO USE In presenting this thesis in partial fulfillment of the requirements for a graduate degree from the University of Saskatchewan, I agree that the Libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis work or, in their absence, by the Head of the Department or the Dean of the College in which my thesis work was done . It is understood that any copying or publication or use of this thesis or parts thereof for financial gain shall not be allowed without my written permission . It is also understood that due recognition shall be given to me and to the University of Saskatchewan in any scholarly use which may be made of any material in my thesis . Requests for permission to copy or to make other use of material in this thesis in whole or part should be addressed to: Head of the College of Law University of Saskatchewan Saskatoon, Saskatchewan S7N 5A6 i ACKNOWLEDGEMENTS First of all, this thesis is dedicated to the Hodinohso :m Confederacy, including the Hodiyanehso, the clanmothers, the people, clans and families who have remained strong and true to our traditional way of life .
    [Show full text]
  • Tribal History and Governance
    PENNSYLVANIA DEPARTMENT OF TRANSPORTATION AND FEDERAL HIGHWAY ADMINISTRATION, PA DIVISION TRIBAL GOVERNANCE AND HISTORY OVERVIEW Developed By: The Pennsylvania Department of Transportation Cultural Resources Management Program 2020 CONTENTS PAGE Introduction .................................................................................................................................... 1 Absentee-Shawnee Tribe of Oklahoma ..................................................................................... 2 Cayuga Nation ............................................................................................................................... 5 Delaware Nation ........................................................................................................................... 9 Delaware Tribe ............................................................................................................................ 12 Eastern Shawnee Tribe of Oklahoma ....................................................................................... 14 Oneida Indian Nation ............................................................................................................... 17 Oneida Nation of Wisconsin .................................................................................................. 20 Onondaga Nation ...................................................................................................................... 24 Seneca Nation of Indians .........................................................................................................................
    [Show full text]
  • Seneca Nation Lands, Treaty Rights and the NYSERDA Survey
    SENECA NATION NATION LANDS, TREATY RIGHTS AND THE NYSERDA SURVEY The Seneca Nation and Treaty Rights The Seneca Nation of Indians, a federally-recognized and self-governing Tribe, located within its ancestral lands in the State of New York. The Seneca Nation consists of five territories. These territories are adjacent to the counties of Allegany, Cattaraugus, Chautauqua, Erie and Niagara in Western New York. The residential Cattaraugus Territory is approximately 40 miles south of Buffalo, New York, and the residential Allegany Territory is approximately 35 miles southeast of the Cattaraugus Territory. Our lands were reserved to us in treaties with the United States specifically for the purpose of making a permanent and viable homeland for the members of the Seneca Nation, with a combined enrollment of over 8,000 members. The non-residential territories are the: Oil Spring Territory located on the border of Cattaraugus and Allegany counties, the Buffalo Creek Territory and Seneca Niagara Territory. In the 1794 Treaty of Canandaigua, the United States acknowledged the ancestral lands of the Haudenosaunee Confederacy (“Haudenosaunee” or “Six Nations”), which includes the Seneca, Cayuga, Onondaga, Oneida, Mohawk and the Tuscarora, who later joined in the 1700s. Article IV of the Treaty specifically states “[t]he United States having thus described and acknowledged what lands belong to the Oneidas, Onondagas, Cayugas and Senekas, and engaged never to claim the same, nor to 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”.
    [Show full text]