Reader Submission: The Tribe's Enters into a Historic and Fatal Deal with St. Lawrence County: Cedes all Mohawk Land Forever

by Doug George-Kanentiio

As Mohawks we once held active ownership of over 9,000,000 acres of land in what is now called New York State. We fought against many enemies over many centuries to hold on to that land as not only a nation but as a sacred obligation to those yet unborn.  This was not simply a cliche but fundamental to all things Mohawk: that core to our being is the instruction as given to us by Skennenrahowi that whatever we do must be done with respect for the rights of our descendents.

It is this duty which compelled us to risk our lives to defend our lands.  We risked everything when we opposed the US during the American Revolution and the War of 1812. Hundreds of Mohawks died because of New York’s blatant theft of our lands and the subsequent destruction of our former ways of life. Jake Fire gave his life opposing Canada’s intrusion into Mohawk territory and we came to the brink of civil war in 1980 and 1990 over the issue of land and jurisdiction.

But all of this proved to mean nothing to the current members of the St. Regis Tribal Council when it agreed to cede all Mohawk lands “forever” to St. Lawrence County and the culprit New York State for which it gains not one thing without heavy qualifications. Not one single, unrestricted benefit for any Mohawk family.

The agreement is a terrible, permanent and fatal blow to Mohawk aboriginal rights, an assault on the environment, a concession on jurisdiction, an abandonment of our responsibilities to our grandchildren and, if passed, means the absolute and final death of the Mohawks as a people, as a nation.

Where to start in analyzing this horror?

It begins with a bold lie.  It claims to include the Mohawk Council of Akwesasne and the Mohawk Nation Council.  This is simple not true. Neither party was involved with the exception of a terrible mistake made by a member of the Mohawk Nation Council in 2005 in which this individual was pressured into signing an agreement which was not approved or endorsed by his clan or the Council itself.  Neither the Nation Council or the MCA was at any point involved in the current negotiation nor do they derive any benefit from this agreement yet they will be bound to its terms.

The agreement does not provide for the approval of the Mohawk people even as they are held hostage to its terms. One signature by one of the Tribal trustees is sufficient for it to pass despite any protests otherwise.

The agreement goes from a blatant lie to threats. If the Tribe does not agree New York State can use the Sherrill v. Oneida Nation case to extinguish all Mohawk claims. That case, which every Iroquois entity should have condemned, hangs like a curse on the Mohawks but does not in any way exclude territorial expansion or qualifies in any way our aboriginal rights to exclusive jurisdiction or tax freedom.

That threat is followed by the astounding agreement by the Tribe to abide by county, state and federal laws over any and all lands returned to the Mohawk people.  This means that such lands will be heavily restricted as to usage and are subject to local taxes and building codes. At no point in this agreement are the Mohawks free to do what they desire on these lands.  The counties will have an active and powerful role in determining what is done on the “reservation”.

The Tribe is paying an enormous sum for those areas stolen from Akwesasne.  Millions will be “immediately” paid to the counties, the money of which will come from the Tribe’s casino.  Millions of Mohawk income to go to St. Lawrence and Franklin counties forever.  Not simply payment from the disputed casino compact but an annual payment of at least $4,000,000 from the Tribe every year from now to eternity. This is beyond belief.

And for this the Tribe cedes any and all claims against New York State and the New York State Power Authority.  The Tribe gives up Barnhart Island, it surrenders any and all rights to the St. Lawrence River, it frees the State and all other entities from any damages to the land: no compensation from General Motors, Reynolds, Alcoa for the massive harm to ourselves or the environment.

Remember that any specific right not mentioned or cited in any agreement is considered surrendered and such will be the case since the Tribe has refused to include any provision for environmental restoration.

The Tribe not only pays for its own settlement, it has the arrogance to cede all claims by any Mohawk entity for all time. Never mind the legitimate claims of the Mohawk Nation, Ganienkeh, Kahnawake or any other entity. If this thing passes, that is it.

The agreement concedes whatever is left of Mohawk jurisdiction to US federal courts and New York State. Any and all disputes will be filtered by external agencies. The Tribe will have no choice but to pay federal, state and local taxes and to abide by all federal, state and local laws. In addition, the Tribe agrees to the plan for the construction of a four lane superhighway across northern New York and gives up any right to challenge the enormous damages such a project will bring to the region.

The Tribe gets what? Nothing. Not even the benefit of free electricity from the St. Lawrence Power Dam built on what is without dispute Mohawk territory. Not even “free tuition” which is already available from federal and state grants or by attending schools such as Syracuse. Is there any family at Akwesasne that actually pays tuition for college?  And for this we give up our status as Mohawks?

At no point in this agreement does New York State admit it was wrong in stealing our lands.  It does not acknowledge the harm it has caused to our ancestors or the blatant efforts to drive us to Kansas. In fact, at no point is New York held liable for anything so why have a claims at all?

This agreement is in defiance of common sense.  It is based on deception. It will only lead to more litigation and internal dissension. It is a shocking reversal of the 1988 proposed settlement and a complete abandonment of Mohawk sovereignty. If anyone truly cares for this place called Akwesasne than they should see that there is no direct benefit to them at any point, there is nothing which protects their homes from the outside courts, nor is there any chance of expanding the Akwesasne territory without heavy restrictions. There is no chance at cleaning our contaminated lands, no chance at the free power so long promised, no chance at remaining exempt from external taxation.

This is truly our end as a people, a community, a nation and that is no exaggeration.