Mohawk Territorial Claims: The Need to Act

The owners of the Twin Leaf convenience stores need to have the active support of all Akwesasronon in their struggle to regain active Mohawk jurisdiction in an area which is clearly part of our territory.

As a former land claims negotiator for the Mohawk Nation Council of Chiefs I was an outspoken advocate for the assertion of our territorial rights as I felt it was a mistake to leave this critical matter to a legal system which has had little sympathy, and even less understanding of, the need for our people to have our stolen lands returned to us.

I recall that the late Ernest Benedict told me that the original boundaries of Akwesasne were never agreed to by the Mohawk people but resulted from a “treaty” entered into by four individuals one of whom was a colonel in the US army (Louis Cook) and the other was an American soldier (William Gray) captured during the American Revolution, imprisoned in Quebec and who then made his way to Akwesasne.

We now know Cook and Gray accepted bribes in return for their signatures but despite the vigorous Mohawk protests as to the validity of the treaty we would be bound (and at times literally held against our will on the resulting reservation) by its provisions for the next seven generations.

Ernie also said to read the words of the Seven Nations of Canada very carefully.  The Treaty sets aside a reservation “six miles square” around the village of St. Regis.  As I have urged our leaders to do previously, take a ruler and mark off six miles on all sides with Kanatakon as its center.  What does it include?  Most of Cornwall, all of Ft. Covington, much of the Town of Brasher and the US Customs complex as well as the Reynolds (now Alcoa) aluminum plant, the Snell Locks and the St. Lawrence Power Dam.

This is, without question, our territory.  Why have we wasted 25 years in “negotiations” when we are in desperate need of more land for a rapidly expanding population?  If the Akwesasne Casino sits on the same disputed lands as Twin Leaf and has secured a certain status as Indian territory then so should all Native owned properties within the true reservation boundaries.

But why stop at a convenience store?  Should we not logically seek the ownership of the St. Lawrence Mall as we can demonstrate with absolute certainty that the center also is within our boundaries?  Surely the collective leadership of Akwesasne can put their minds together, purchase the Mall and turn it into a manufacturers-wholesale outlet similar to the one in Niagara Falls. Imagine the income and the jobs, most of which would go to Natives. As a friendly reminder to Twin Leaf-having an all Native workforce would strengthen your tax free rights and make it easier for other Mohawks to get involved since it would be Native jobs they are fighting for and not simply to provide work for others.

We can also move in other ways. Why are Akwesasne homeowners not paying the same electrical rates as Alcoa given that the power generated from the nearby dam flows through our waters? Why can’t the three councils meet and form a Mohawk Nation Electrical Company to press for these reduced rates?  Why are the residents of Kanatakon, Tsisniahne and Kawehnoke being gouged for electricity?

Land claims can mean much more than simply money for our losses. Neither Canada or the US favors the actual return of territory, they would much rather have a monetary award based on the value of the land at the time it was lost. And they are devious since they can deduct from that settlement every cent they have “spent” on us for the past 200 years that is, unless our negotiators are smart enough to avoid this trap.

We need more land and in the area of Dundee sits 22,000 acres perfect for communal farming, fishing and residential homes.  We should be preparing plans to move back into Dundee, not simply arguing as to how much money Canada will give with the expectation we will surrender that region.

Homes need to be built, businesses established, a fourth district needs to be added to the current three in Akwesasne north.

We need to physically recover what is ours. Litigation will accomplish nothing.  Whatever chance we had in the American courts died when the Oneida Nation of New York lost its claims in 2005.  Yet they say silence is compliance and not one Haudenosaunee nation or council has made a public statement condemning the Oneida case or making a distinction between the ONNY and the rest of the Iroquois.

The result? The Onondagas lost their case in US federal court last year.

As we all know neither Canada or the US will concede anything to the Mohawk people unless we make demands based upon conclusive evidence of the righteousness of our claims. We have that evidence and it is now time to move but to move collectively and in concert.

We know there are internal divisions, which are cause for concern. No one wants to expand the authority of what are seen as colonial agencies, we want to act in the spirit of unity. The current negotiators should have their duties changed to reflect the legal and historical truths.  They should be expanded in number and referred to as the Mohawk Territorial Reclamation Committee. They should adopt a far more aggressive plan including public relations, building alliances with non-Native residents, adopting long range development plans and setting aside areas for the construction of new homes.

As the Onondaga leader Oren Lyons says “sovereignty is the exercise thereof” and so should our territorial actions be defined “Mohawk territory is the possession thereof”.