Cayuga and Seneca Counties Sponsor Racist Web Site

Cayuga and Seneca Counties have launched a web site to be used as a tool to keep the Cayuga People from settling back in their homeland. NoCayugaLandintoTrust.net(see link in the sidebar) is sponsored by the counties and is set up to acquire as many comments against Cayugas returning home as possible. The web site is filled with misinformation and outright lies relating to the Cayugas claim to their homeland and the negative impact of their return. The intent of the counties is to use this process to gather as many negative opinions and comments on the Cayuga people and submit these comments as part of the federal process for setting aside land for Native use. The Cayuga People do not need the Fee-To-Trust process for reclaiming their land. The federal government is not acquiring it for them. The Cayuga Nation has compensated those that were misled into believing they had legal title to the reclaimed land, land that has never lost its status as part of the Cayuga land base held since time immemorial and recognized by the US in the treaties with the Six Nations.
The web site is racist and should be attacked from all sides. A comment submitted by this writer to the site criticizing the counties and the site was rejected for submission. There is no ability to view your submissions after-the-fact to determine the accuracy and editing/omissions used in their recording process. Only those who would want their words to be use to attack and continue to drive the Cayuga people from their land can be assured their words and voices will be seen and heard.
The name of the site itself is somewhat oxymoronic. While I agree that Cayuga Land should not be held by the federal government for their use; the title suggests acknowledgement of the fact that the Cayugas have land but oppose their right to use it as Cayugas. The rightful title to the land is held by the Cayuga women for the future generations. The title is absolute and neither the counties, the State nor the federal government can hold or claim its title.
I call on all our friends and relatives to take action against these two counties that attempt to rob our lands while calling themselves Cayuga and Seneca. The racism and discrimination as well as fraud and slander cannot be left unchecked.

Judge Derails New York State Tax Law

New York State Supreme Court Judge Rose Sconiers handed Governor Paterson, Attorney General Andrew Cuomo and the State Legislature a "Do Not Pass Go, Do Not Collect Tax Dollars" card on Tuesday morning. In a foolish attempt to stack another bad law on a law this judge already flagged as incomplete and unenforceable, the State earned another injunction from Judge Sconiers. The injunction blocks the State's latest attempt to either force Native cigarette retailers into collecting tax for the State or shut off the access to product. The order is a preliminary injunction only that addresses flaws in the law and failure of the State's tax department to develop the mechanisms laid out in the statute. The ruling did not address issues of the State's authority or the sovereignty of our people and territories. The injunction can be lifted if the court determines that the State has met the burdens placed on its tax department. There is no question that the ruling is a set back for the State, but caution in declaring this a major victory must be taken. The time granted in this reprieve should be used to ween Native retailer from dependency on State licensed wholesalers. The best long-term strategy to protecting our right to conduct trade and commerce is to interact with the State as little as possible and concentrate on Native products produced on Native land and distributed to and from Native communities. Governor Paterson has proven to be an extremely ineffective executive and does not deserve the time of day from our people let alone the right to sit at a negotiating table with us. We owe it to those that will come after us to maintain a strong posture and refuse to yield any ground to the State on this issue or any other attempt by the State to disturb us or our activities. We need to be vigilant and make sure that the weak links in our midst are not lured into deal making or concessions.

Seneca Gathering a Success

The Seneca People want to extend a sincere thanks to all those that came out to their Gathering on Sunday and to all those that support the Native position against New York State's interference with commerce on Native land. The Gathering was a huge success with participation from many communities. The news media gave considerable coverage to the event as did the New York State Police and its Governor. About half way through the event word spread that the Governor sent a fax to Barry Snyder pledging his commitment to a "mutually productive relationship". In reality this is neither David Paterson's nor Barry Snyder's call. The People must be extra vigilant when the wheels of the deal making process starts. The Senecas, in particular, must recall the events of 1838. Our history is full of our so-called leadership, or at least those that our opponents would prop up, selling us out for what they were led to believe was the "best deal". There is no room for negotiations on our right to conduct commerce unencumbered by the State. The State is free to figure out how to squeeze every dollar out of its people on their land and it will be up to those people and their courts to decide if it is legal and appropriate. The Seneca People need to state clearly to anyone that would claim to negotiate on their behalf that not only will the People refuse to yield anymore to the State but that the "staus quo" won't do either. The People refuse to live under these threats from uninformed politicians in Albany everytime a new administration takes over. The People must not let their representatives compromise taxation for gaming or land use for some other red herring. Paterson's willingness to talk is not a concession yet Snyder has suggested he would "reconsider the initiatives instituted two weeks ago to protect the Seneca people". I would hope that this insulting lip service would not move the Seneca People even if it, for some strange reason, lulls Mr. Snyder into a false sense of security.

Obama: The New Lincoln? I Hope Not!

As the US crowns its new king, the world looks on with hope and wonder. The former Illinois Senator has from day one been compared to the most popular US President: Abraham Lincoln. The world looks at Abraham Lincoln as the Great Emancipator, Freer of the Slaves and the Healer of a Divided Nation. Whether he deserves all this credit is rarely debated. History has closed that debate. However buried in that era of slavery and Civil War are a few chapters of the American Holocaust that began long before Lincoln and continues today. But what of Lincoln and the "Indians"? and what will Mr. Obama's legacy with Native People be? While Mr. Lincoln was earning his place in history he signed the Homestead Act, essentially opening huge tracts of Native lands to white settlement. In the conflicts that raged over this action thousands of Native men, women and children were killed and millions of acres of Native land were illegally occupied. The largest mass execution in the history of the US judicial system occurred when Mr. Lincoln signed the execution order for 38 Lakota. These details of American history are rarely visited. It must be noted that Mr. Lincoln is not the only President to have committed crimes against Native People with little or no attention. John F. Kennedy, who is allowed to bask a glow as a champion of civil rights, saw little problem with violating the Human rights of the Seneca People and nature itself as he approved the flooding of thousands of acres of Seneca land with the construction of the Kinzua Dam. Neither the fact that Mr. Obama is a Democrat or a black man should grant any solace to Native People. New York State has a Governor that is both of these, yet he has just signed legislation to destroy the existing economies of eleven Native communities. I know there are many Native People that have already embraced this new President and claim him for their own, but there are many of us who don't. While we are hopeful that a man may finally take office that will not earn the traditional title; Rahnatakias or "town destroyer", that the 43 before him have earned, we know he is not our president. To us, until he proves otherwise, he is just the 44th man to hold the title of Rahnatakias. Like Lincoln and Kennedy, Mr. Obama has many challenges and opportunities that may make history, but history has a way of clouding the truth and can be very selective in its recollection. We know Native issues will be a low priority for this administration, they always are, so I have followed Mr. Obama's advice and lowered my expectations for him. I don't expect Mr. Obama to be a solution for Native People, I just hope he isn't another problem for us.

Did He Really Say That?

Is the current Governor of the State of New York that ignorant of history that he could really be making the comments the press is claiming he made? I find it almost impossible to believe that anyone but the most ignorant racist could say that Native People must compensate New York State for the "privileges and benefits" of being located in the State. I didn't hear him actually say the words so I'm cautious in my response. Let's just say if Mr. Paterson has beliefs that represent anything close to this sentiment, then he or anyone else that feels this way should just continue to ignore us and drop the whole issue. This kind of stupidity will just get someone hurt. I don't set the bar higher for Mr. Paterson because he is black, nor do I for the in-coming US President, but you would think a man of color would at least understand that there is enough complexity borne out of the history of racism and oppression in the US to keep him from suggesting that the State has made us a Privileged People. Let me be clear. Neither the United States nor any of its member states have ever given us a right or a privilege. Every right we have, we have always had. We battle the State and federal governments every day to honor their promises to never claim our land and not to disturb us in the use of it. Year after year these governments have looked for ways to fit us in their box. They pass laws out west, drag Native people into courts and then claim they have legal precedent to act against us and all those promises they made. They build bad laws on top of bad court rulings in places irrelevant to us and call it Federal Indian Law. Mr. Paterson, if this is too much for you to acknowledge and grasp, you are not alone. Why do you think this confusion for you still exists? It is time to punt. Just like everyone that came before you. You can't accept the truth of our Sovereignty and our birthright, so rather than costing your State billions, making a fool of yourself with stupid comments and risk getting someone hurt, just let it go. You don't even have to apologize.

The Stage is Set for a Rough 2009

Anyone who heard what the Seneca Nation had to say today that believes it was little more than sabre rattling may be right. But what was hidden in those words was the implicit approval for the Seneca People to begin taking action themselves. With the Seneca Nation officials asserting a legal claim to the land the Thruway passes through, it is just a matter of time before travel is interrupted. Mr. Paterson has started a ball rolling that will inevitably come back around to crush his tenure as governor. With all his budget problems, picking a fight with Native People in eleven communities spread throughout the State is just stupid. Unlike for Mr. Paterson, our people have seen this all before. The difference this time is that our people have more resources, experience and incentive, while the State has a police force that has made it clear they want no piece of this and a budget that has no room for another 30 million dollar debacle(that's in 1997 dollars). The State needs to finally stop jumping to the commands of the convenience store lobby and Big Tobacco and take a look at why they are so passionate about attacking our commerce. State tax law allows its residents to have up to two cartons of cigarettes at any given time with no NYS or NYC tax paid anywhere in the State with no tax liability imposed upon them. With this move from the State, what is being proposed is a scenario where the State continues to look the other way as its residents leave the State to avoid its oppressive tax burden while digging in against Native retailers that contribute to the State's economy. The convenience stores oppose us because they can't set up shop on our territories. They can, however, set up across any city, county or state line that gives them and advantage. Big Tobacco is gunning for us because we are chipping away at their market share with our own manufactured products. When we were providing cheap access to their product, they bent over backwards to accommodate us. Big Tobacco fought over us for shelving contracts and premium display space. They provided promotional discounts on their products creating even more price disparity with the convenience stores. When Philip Morris and RJ Reynolds could no longer keep the Native products on the bottom shelf they joined in the opposition. The People of the Six Nations know we are right. Not everybody is a "treaty" expert, but we don't need to be. We are not defined by treaties. Our sovereignty is a birth right. In the last treaty between the US and the Six Nation, the United States acknowledged the lands we possessed to be our property and swore to never claim it or disturb us in our use of it. No right or privilege was given in these treaties, the US simply acknowledged what always was. As I stated in a previous post, Democracy does not happen in a voting booth, it may happen on the New York State Thruway.

Time to Fly the Flag

Over time symbols can lose their meanings. When a symbol or expression gets over used or exploited to the point that we consider them a part of our identity without really understanding the depth of their messages, it is time to restate the message. I think it is great that the Hiawentha Belt is so identifiable in our communities. Tattoos, T-shirts, hoodies, bumper stickers, decals, refrigerator magnets, pens, stationary and, of course, flags all carry the image of the wampum belt that symbolizes the last unification of our people and the constitution that binds us. The problem is that bearing the image does little to actually bring us together. Although it is genuinely a symbol of unity, it has become little more than a popular native design. The Seneca Nation flies the Hiawentha Belt flag right beside the American flag in front of their administration buildings. I'm not sure what message that is meant to convey, if any.

I am clearly biased on the subject of the Warrior flag, but I believe there is no symbol with as much recognition and strength of message. The flag was designed to be a symbol of unity for all Native people. It became specifically associated with the Mohawk Warriors even though it was intended for broader use. The declaration of unity, pride and resistance is its message. Although this symbol has been exploited just as the the Hiawentha Belt has, the message is not lost. It is not lost to those of us that have seen the strength of the warriors from this side and it certainly has not been lost to those that have seen it from the outside. The Warrior flag is a symbol of the people and a symbol of their strength. No nation claims the flag in spite of the fact that it sends the boldest message of sovereignty and resistance. This is because both sovereignty and resistance comes from the people. Tribal governments will likely never fly this flag. They exist removed from the people and disassociated from the Warriors, yet a Native community cannot be visited without seeing the flag flown somewhere.

It is time to send this message. It is time to fly the flag. We aren't looking for a fight, but we are not running from one either. As the State and Federal governments continue their push through our communities and attempt to criminalize our trade and commerce, we must state clearly what our position is. If those that claim to lead our communities are afraid to send this message; that's fine. They are still welcome to join the people in declaring their defiance to the outside, but whether the American flag continues to fly in front of the William Seneca Building or not matters little. The State and Feds know where true resistance comes from and that is what worries them. Every time some Native speaker makes some public statement about controlling the actions of the people, the outside authorities only wish it were true. Every Warrior flag that flies tells a different story.

Dear Mr. Paterson

Mr. Paterson, you should be ashamed of yourself. I can appreciate that you were not elected into the position you now hold, but don't be so limp about it. You are a blind, black man that managed to become the governor of New York State. How could you crumble into being the legislature's lapdog? Did somebody tell you that the State's checks and balance system disappeared when you took the oath?
There is a reason that most Native territories within the State won't sit to negotiate a "deal" like other states have with their Indians. We aren't your Indians. We will not allow you to take anymore from us. We stopped being pushed around by New York over thirty years ago. Hell, we pushed back against Rockefeller on I 81. Only Attica prevented a major conflict between us. We fought to carve out a small piece of the tobacco trade; a trade we originally developed through respectful cultivation, incorporation into our customs and trade with other nations centuries before the white man prostituted our sacred medicine. We are not going to dance for you on this. We are in this business to stay.
Even if you illegaly stop finished products from making it to our territories for resale we have enough Native manufactured product to carve out a significant business. Perhaps you are doing us a favor by drawing the line in the sand. I believe we can take more market share from big tobacco so more of our revenue stays at home. Of course you will lose more MSA funds but hell, this isn't about money any way. Right? It is about your concern for the public health and safety. You certainly would not try to use a public vice to raise money for the State budget; oh yeah there is that "Crack Draw" thing you want to expand and the increase on tax and availabiliy of alcohol. On second thought, maybe you and Elliot can figure a way to tax postitution. Just remember to pay your fair share and pay tax on all that you use and consume in the State.

Our Tobacco Businesses Will Not Just Continue to Survive, They Will Grow

There are a lot of misconceptions about what the State can and cannot do with regards to Native retatil of any products including tobacco. The State has no more authority to tax the sales of tobacco on our lands today than it had when we started. What the State is hoping to do is prevent product from getting to us without their tax already applied. By and large most cigarettes sold by Native retailers have the Federal excise tax paid. The product comes to the wholesalers with the tax applied or in the case of imported product it is paid when clearing customs. The bottom line for the State is that they can only control their State licensed wholesalers and even these entities that they control must have their regulations legally and evenly applied with particular scrutiny paid to the interstate regulations. Any commerce conducted that involves products coming or going from our communities is interstate commerce. New York State does not have the authority to regulate interstate commerce or commerce with "Indians" specifically. This is is not called out in some overly debated treaty interpretation. It is mandated in the US Constitution. The signifiacance of having the State's wings clipped by the Constitution on both Native commerce and interstate commerce is that any "Indian" specific regulatory scheme must also abide by interstate commerce regulations. The State can do nothing about our manufacturing or our wholesale and distribution without violating Federal law and well established standards for interstate commerce. I do believe it is illegal for New York State to block non-native manufacturers, including Big Tobacco, from doing business with us and I also believe Philip Morris and the others are illegally discriminating against Native retailers by denying us product. However, I strongly believe we should bouycot these manufacturers and steal as much market share from them as we can and we should likewise avoid purchasing from the State licensed wholesalers to stay as far from the State's reach as possible. The tobacco business was ours first and it will be ours last. We will find ways to capitalize on the this industry that was hijacked from us and continue to develop products and markets that will susutain us. As we continue to develop in this business we will find more ways to keep more of the revenue from our manufacturing and sales. I look to the day when neither the State nor the Feds collect a cent of tax revenue from our commerce.

The State Should Be Careful for What It Wishes For

Paterson's signature of the tax bill will not end Native retail of tobacco. It will, however cost the State billions of Master Settlement Act funds. These are funds that George Pataki borrowed against years ago for previous budget woes. These funds come to the State from Big tobacco as a additional tax to the states based on sales. Since the MSA does not apply to products we manufacture, the State will be cutting its nose to spite its face. This new bill will force Native retailers to do what they should have done years ago when big tobacco began its campaign against Native retailers. That is; stop selling their products. There are more than enough Native products to stock our shelves and keep our tobacco businesses successful. Native product has been chipping away at the market share held by the big guys on its own accord. We would be in a better position, however, if our retailers would make more of a concerted effort to drive their customers toward Native products. A famous author and Indian hater once referred to Native people as those that "lick the hand that smites them". Our retailers that cling to their Marlboro sales do just that. Philip Morris has used us, abused us and laughed all the way to the bank as we built our businesses. We need to ween ourselves from those that "smite" us and from State licensed wholesalers as well. Our Native manufacturers have a strong position against any State or Federal restrictions of trade of Native manufactured goods for sale on Native lands. That is the battle we should be fighting and it is non-negotiable. If the State wants to criminalize our businesses they will spend millions while they continue to lose millions. If our businesses are forced to operate in the shadows, they will. And the State will be worse for it. Native leadership will be forced to reevaluate their cooperative agreements, including their gaming compacts and the revenue the State collects from those agreements.

Mr. Paterson; be aware, this bill will not exist in a vacuum. The State legislature; be careful what you wish for!

The Seven Generations

I responded to a request for an explanation of the "seven generations" moral guide on the Seneca Voice blog. This is a repost of that explanation.

The seventh generation is the one we will never see. We have a responsibility to those unborn faces that will show themselves after we are gone. If I claim to accept that responsibility and then expect the Nation to solve my problems, fight my battles, defend my sovereignty and, of course, cut me a check, then I am a fraud.
We say we are the Nation, yet still always refer to the Nation in third person. How often do we say what the Nation should do rather than what we should do? Our ancestors invented the concept of "a servant of the people" for those elected or selected to be our representatives. When winning an election is like winning the lottery, it begs the question; who is serving who?
We historically are referred to as a People with an oral tradition as if that is something primative. The key to an oral society is having and exercising your voice. Our ancestors recognized that our power of communication made us distinct from all of creation. Our ceremonies are intended to remind us that we are neither the lords or masters of nature nor separated from it.
A man becomes an unnatural being when he becomes solely interested in the power and position of man. When we give up our voice for a vote, when we fail to be responsible for ourselves, let alone those unborn faces, by passing the buck to some man-made institution (the Nation, courts, police, CPS, NYS), we forget who we are.
The key to the Longhouse is the fire. The fire represents the place to have your voice heard. The right to a fire is our right of assembly. Men, women, the youth, clans, medicine societies, councils, communities; we all have the right to the warmth, the light and the protection that a fire provides so that we can talk and be heard.

One commentor added that at the center of it all was love and in particular a love for a higher power. This was my response.

I beg to differ with the love comment. At the center was personal responsibility. Many will challenge another's assessment of their love for those around us. Being responsible to the elements and people around us may be a demonstration of love, but it is more. In our culture it says that we will never know the face or the place that the power of creation dwells, only the evidence of that power. This is to remind us that our first compact or covenant is with nature. There is nothing supernatural about our belief systems. I am very cautious when people attempt to inject religion into our beliefs. We don't need faith that the creator will take care of us. We need to acknowledge creation and our place in it. Creation has provided all we need to "carry ourselves" the rest is choice.

A Solution to the Cayuga Land Status Issue

If the Seneca Nation still wants to claim to be "The Keepers of the Western Door" then they should step up to help their younger brothers. The Seneca Nation could use their unique ability to avoid the Fee to Trust process and set up a permanent land trust for the Cayugas. The Senecas could take the title to the Cayuga sites for a minimum fee, remove it from the State control and place it in a permanent land trust on a Seneca title to the Cayugas. Otherwise the fee to trust process would be placing the title into the hands of the federal government for "use and enjoyment" of the Cayugas.

The problem with this scenario is that the land acquistion process that the Senecas have has been compromised by their Gaming Compact. The Act of Congress that created the process should not have been altered or encumbered by a State agreement. It had no business being added to the negotiations and any reference to land use or acquisition in the Gaming Compact should be struck from the agreement. The State had no right to request such restrictions and the Interior Department should never have let it go through. More evidence on why they shouldn't be trusted. Not to mention the fact that the State has failed to live up to several elements of their end of the bargain and continue to work against Native interests.