Sand Hill Case Judges Under Fire

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For any info or questions regarding this story, please email runstream@aol.com

crossposted at Daily Kos: http://www.dailykos.com/story/…

On June 30, 2010 Judge Katherine Hayden ruled that she will NOT allow the last Lenape tribe in NJ to use most of the evidence, facts and data that proves their case.  Things like Title VI, the 14th Amendment, the Ku Klux Klan Act, the Non-Intercourse Act, State contract law, Federal laws protecting burial grounds & artifacts, and enforcement of treaties. Essentially EVERYTHING – laws, facts, precedent, that would result in the oldest Indian Tribe in NJ winning their case.

Before the tribe was represented by legal counsel, Chairman Ronald Holloway, Red Chief in a long line stemming from the original Lenape Blood Chiefs, addressed his tribe’s right to water rights, natural resources, hunting rights and the over 3000 acres of land that from 1758 to 1802 was known as Brotherton Reservation. Chairman Holloway did this in nearly 100 pages of documents that referenced Indian cases from across the nation and long accepted and understood Federal law.  

Believing that he could represent his tribe in an official capacity as the head of a sovereign nation, Ron Holloway, an expert in Treaty law and Sovereignty, hit a brick wall when dealing with the Federal judges in Newark. Apparently there are two kinds of laws – one that applies to the plaintiffs in this case, and one that applies to the defendants. An obvious failure of Equal Protection under the law is going on in this case. And it always seems to favor the defendants rather than the Tribe.

The timeline of the case gives you a good glimpse of the travesty of justice that is unfolding in the Federal Court in Newark.

Even when a plaintiff is not schooled in the myriad technicalities of legalese, they are still entitled to justice, and when a person represents themselves in court, it is hoped that justice will still prevail. Most folks who represent themselves in court are given the benefit of the doubt and not treated as if they were asking to be cheated of a fair outcome just because they did not cross every” t” or dot every “I”.

Unfortunately, at the very same time that Ron Holloway was given strict deadlines and his motions were being swiftly denied, his opponents were given such leeway over missing deadlines, filing motions, AND filing answers that it strains credulity. Ordinarily, the way our legal system is supposed to work is: You completely ignore a complaint, you earn a default judgment against you – You basically lose by default. You are implicitly acknowledging the plaintiff has a case and you can’t answer the complaint because you have no excuse. You are admitting guilt by default.

The way the judge let the defendants miss important deadlines by MONTHS while requesting incredibly difficult hoops for Holloway to jump through appears to be reminiscent of a courtroom prior to the Civil Rights Act of 1963. Incredibly the court informed Holloway that he could not bring anyone with him to the first hearing held by the court. He was bothered by this because he felt as if he was walking into an ambush – which turned out to be exactly the case. Upon entering the Courtroom, there seated in a chair was a Star Ledger reporter with alleged ties to the defendants in Trenton. Obviously violating the order that no one unconnected to the case be present , why didn’t the Judge demand the removal of the reporter as Chief Holloway was not permitted to bring to his own to guarantee that all sides would be made public?

The Judge then denied Holloway’s motions for default judgments against the defendants who had so cavalierly disregarded court-ordered deadlines. It appeared that in matters routine and consequential, the bare minimum standards of court rules for the defendants were sloppily applied – if at all. Not only did the court allow the defendants to miss deadlines for months, they allowed those defendants who had answered the complaint to ALSO jump onto other defendants motion to dismiss, which the court took a FULL NINE MONTHS to consider. At the same time, the State and County defendants disingenuously claimed that they didn’t know what the tribe wanted and that the tribe failed to state a claim upon which relief could be granted, the defendants were able to write detailed motions to dismiss in which they specifically countered each and every claim made by the tribe, which at that time did not have an attorney.

By the time that the defendants filed their motions to dismiss, the tribe had retained legal Counsel. Their attorney wrote the opposition to the motions. The tribe’s attorney, in the tribe’s opposition to the motions, was able to successfully counter each argument made by the defendants. In addition, their attorney was able to add legal language that addressed some grave injustices that were mentioned in the complaint. Judge Hayden states in her decision that she relied solely upon what the untrained plaintiffs wrote in the complaint and did not consider the more accurate arguments made by their attorney in the opposition. (Remember, it took Judge Hayden 9 months to arrive at this decision, and she had a lot of help from the State defendants, the Indian Commission, and a lone self-proclaimed “Sand Hill” Indian named Clare Garland). The Judge had more than enough time to consider the newly introduced opposition to the motions that was submitted by the Tribe’s Attorney. The Judge chose to ignore it.

According to the rumor mill, representatives from the U.S. came into New Jersey to conduct an investigation in an effort to “do away with” this case, and allegedly Judge Hayden and Judge Schwartz were working closely with them. Meanwhile, State officials and members of the Indian Commission were establishing a close relationship with Ms. Claire Garland, a lone “Sand Hill” Indian who claimed that Mr. Holloway and other members of the tribe were fake and not really members of the original Richardson-Revey Sand Hill family. In actuality, more than 70% of the current membership of Holloway’s tribe are direct descendants of the Richardson-Revey family, making Garland’s argument absurd and the 70% of the family members belonging to the tribe that has filed this lawsuit mighty unhappy with her.

Apparently, the State of New Jersey had decided it was in their best interest to place a representative of the Sand Hill Indians on the Indian Commission (after all, the Sand Hill tribe is the oldest tribe in the State of New Jersey and the only legitimate descendants of the Lenape Indians of New Jersey). Ms. Garland was allegedly promised a seat on the Indian Commission pending the outcome of this case, even though she is NOT a member of the Sand Hill tribe. Being that she is not a member of the tribe, how can she be appointed as a representative of that tribe?

After some pressure from the tribe asking for a ruling on the motion, Judge Hayden (in what seems to have been a final desperate effort to get rid of the case) silently permitted Ms. Garland to file a single letter with the court in which she states that Mr. Holloway is not a legitimate Sand Hill Indian. In the letter to the court, Garland accuses him of trying to steal the Sand Hill history. Remember: Mr. Holloway, who is a legitimate member of the tribe and an officer is just acting as a representative for the Sand Hill Indians (the plaintiffs) who will ultimately benefit from a favorable decision in this case, including the 70% of the tribe’s members are who are directly/indirectly related to Ms. Garland.

Judge Hayden used her judicial discretion (over the clearly stated federal rules) and strongly considered this letter submitted by a supposedly anonymous individual, who herself was not required to prove her own ancestry to the Sand Hill Indians. The federal rules require a nonparty individual to file a formal motion and to make some kind of official appearance to the Judge explaining who she is. Then the Sand Hill Indians should have gotten a chance to respond to these allegations. This was NEVER done.

Judge Hayden just quietly let this letter be filed and did not say anything, then she blasted the tribe in her final decision, saying they were not a legitimate tribe and relying solely on what Ms. Garland said without any discovery or cross examination.

Consequently, the entire second amended complaint was dismissed. However, for whatever reason, at the very end of the decision, Judge Hayden again used her judicial discretion in a strange and bizarre twist. It stated that the tribe would be allowed to file a third amended complaint.  Strange, considering she just obliterated the second amended complaint – leaving nothing left to amend.

It took nine months for the Judge to do the above. Meanwhile the tribe’s attorney twice filed motions to amend the complaint based on new information showing that the Treaty of Easton was a fraud, because the British didn’t even negotiate the treaty with the New Jersey Lenape Indians.  In fact, the New Jersey Lenape Indians did not even attend the negotiations.

The first motion (filed in November 2009) was immediately terminated by Judge Schwartz, who used her discretionary power to squash the motion to amend until after the motion to dismiss was decided. The tribe continued to wait several more months but did not stop their investigation and gathering of evidence, much to what would turn out to be the chagrin of the courts. During the course of the nine month hiatus that the court gave to the Tribe, the tribe came across the documentation that the State of New York swindled the Lenape Indians out of what is now called Manhattan in exchange for a copper kettle and some beads; as well as the State of Pennsylvania having swindled the Lenape Indians out of land now called Bucks County by tricking them into a fraudulent agreement.

Once again, during the nine month hiatus, the tribe’s attorney filed a motion to amend the complaint so they could add these new parties (NY and PA). Judge Schwartz had twice before Ordered that the tribe would be allowed to amend in order to join additional parties, but decided again to use her discretion and terminated this motion. Judge Hayden knew that what Judge Schwartz did was wrong, so she left a tiny door open for the tribe to file a third amended complaint. But, there were a few conditions. . . .

Judge Schwartz then issued an Order of explanation on 7/1/10 in which she says that the tribe can file a third amended complaint, but they cannot use any of the federal or state claims that they initially used (i.e. Non-Intercourse Act, Title VI, 14th Amendment, etc.) and they could not just state new facts without coming up with some different law to support the facts. In addition, the tribe could not use any State law claims because the court decided it would not bother looking at them. Judge Schwartz also said that the defendants would have the option to file one big joint motion to dismiss or file separate Answers denying everything. These conditions were made because it seemed like the tribe had exhausted every possible federal claim that had ever been made by any other Indian tribe throughout legal history. The Court thought it had the plaintiffs up against the wall with nowhere to turn by denying them the ability to use the evidence that they had spent years acquiring.

The tribe’s attorney who had never experienced this type of arrangement before, wrote a letter to the court asking for clarification on the 7/1/10 Order. To further restrict the plaintiffs’ rights, Judge Schwartz clarified her decision and took the opportunity to add that if the tribe filed a third amended complaint, they were essentially agreeing not to appeal the second amended complaint. This tactic would ensure that the tribe would be denied their right to appeal to the third circuit court.

According to the underground rumor mill, the third circuit court of appeals did not want to have anything to do with this unfair decision and the district court judges had to force this deal upon the tribe to keep it from going to the third circuit.  Ironically, this is similar to what happened to the tribe’s ancestors, who were forced to take reservation land that they did not ask for- meaning- it’s non-negotiable. Even more confusing was the fact that both Judge Schwartz and Judge Hayden said (in different Orders) that the tribe’s attorney had voluntarily dismissed all of the counties in her opposition to the massive motion to dismiss. The tribe’s attorney attempted to rectify the matter long before the final decision was made on 6/30/10. The Judge refused to consider any explanation from the tribe’s attorney and Judge Hayden ruled that the voluntary dismissal was final. This is in spite of the rules that say that a voluntary dismissal is not final until after the plaintiffs’ attorney signs an affidavit and gets all of the defendants to sign it and they all agree that this decision is final. This was not done.

When the tribe’s attorney filed the third amended complaint based upon different and unexplored federal and international law that had not previously been raised in the second amended complaint (not an easy task), she only named the States (NJ, NY, PA) and also added the United States as the defendants. She believed that the voluntary dismissal was separate and apart from the court’s order of 6/30/10, which dismissed every claim based on federal law. (This keeps getting more and more confusing and complicated, but hang in there).

At the same time, the tribe’s attorney filed a motion to reinstate the second amended complaint against the county defendants because this seemed to be the only way to undo the voluntary dismissal and, according to the court rules, the voluntary dismissal was not final anyway. As it turns out, she could have added the counties onto the third amended complaint and filing this motion to reinstate just confused matters further. Ultimately, the tribe’s attorney did withdraw the motion to reinstate and advised the court that she would seek to amend a fourth time in order to add the counties, which she is permitted to do under the court rules. Of course, Judge Schwartz is hinting that this should have been done in the first place and the tribe’s attorney might have to come up with a darn good explanation as to why she did not just add the counties onto the third amended complaint in the first place (see above for reason why – they weren’t allowed to use anything from previous motions). In the third amended complaint, the tribe alleged that the 3 states and the United States had entered into fraudulent treaties with the Lenape Indians (or in some cases no treaty was ever signed) because the Lenape Indians did not understand what was going on and they were cheated out of thousands and thousands of acres of land in exchange for some booze, trinkets, beads, and some supplies.

As it turns out, there is an international law that says all treaties are governed by international law, and according to U.S. federal law, all groups of Indians were treated as sovereign nations. Therefore agreements made with Indians are treaties and not contracts. Also, according to international law, if a treaty is entered into fraudulently, it is considered to be null and void.

Under the U.S. Supremacy Clause, a federal court can review a claim regarding the violation of a treaty, and it does not have to be filed with the World Court in the Netherlands. Therefore, the judges seem to have jurisdiction over these matters, which they don’t allegedly want to exercise. The Sand Hills are using an entirely different approach than what was addressed in the second amended complaint and the defendants have to come up with a whole new strategy to try and get the third amended complaint dismissed. If the tribe can’t rely on the same federal law claims it made before, the defendants can’t either . . . or can they????? Hopefully it won’t be another nine months.

As of this writing, each State defendant has already filed their motion to dismiss. The U.S. has not yet filed its response as of the writing of this diary.

The tribe has until 9/7/10 to file oppositions, then the states get another crack at it and they can submit a reply. Anyway, the whole thing is supposed to be decided by the Court on 9/20/10. The tribe filed a motion to enter default judgment against the U.S. since they did not comply with the court’s 7-1-10 Order and they missed the deadline.

The tribe’s attorney also filed a motion asking both Judge Shwartz and Judge Hayden to recuse (disqualify) themselves from this case since neither one of them can seem to maintain an unbiased, fair, and just position in their rulings. That motion was supposed to be decided on August 16, 2010. The tribe is still waiting . . . . and will probably continue to wait because, like this entire case, the complaint of bias has MERIT.

After 400 years, the tribe is STILL waiting for justice. Outside the Court in Newark is a large statue of blind justice. Inside, however, there appear to be a couple of blind judges. Blind to truth, justice, decency, historical evidence, and the rights of all plaintiffs to Equal Protection under the law. Let’s see what happens next. They can’t continue this way. International law is on the Tribe’s side on this one. The more the judges stall the case, the bigger it gets. It is now literally epic in scope. It is now the largest land case ever brought by a Native American tribe against the United States. Before it gets bigger, these two judges should recuse themselves from this case, because it is dubious that they can actually explain how on earth their actions and rulings can in any sense be called impartial.

It might behoove the United States to come to the negotiation table and remove this from the courts, because nine more months granted by this the Federal Court in Newark, will enable the Sand Hill to find even more concrete iron-clad evidence to add to their case and hand two Judges in Newark even more rope to entangle themselves in.

Why the Sand Hill Indians Went to the UN

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On February 17, 2009, the oldest indigenous Native American tribe in New Jersey filed a lawsuit against the State of New Jersey, the Governor of New Jersey, the NJ Secretary of State and the NJ Attorney General for, but not limited to, genocide, treaty, and civil rights violations. That lawsuit is still in Federal Court at this moment.  Because of new evidence, the lawsuit has now increased in scope.  The territory involved now includes the Island of Manhattan, the state of Delaware and Eastern Pennsylvania as well as New Jersey.  Holloway’s tribe has now appealed to the UN for assistance, and the case appears as if it may actually move to the World Court.

Unfortunately, in the State Bar Foundation quarterly newsletter Respect, published Spring 2010, the cover story about NJ’s Native Americans repeats the omissions and inaccuracies in the NJ Indian Commission’s Committee report  that prompted the lawsuit in the first place.  It would appear unethical to have a State Bar Association-funded publication, unwittingly or not, publicly take sides in a currently ongoing litigation case and to quote the defendants’ side of the story exclusively.

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The way the article describes only three tribes of Native Americans in New Jersey, makes it obvious why the NJ Sand Hill Band of Lenape and Cherokee Indians, headed by Chief Yonaguska Holloway, may not get a fair Federal trial in the State of NJ.  Chief Holloway’s tribe, the only indigenous tribe in the state, isn’t even mentioned in the Committee report that the article is based on nor the article itself.    Neither is their ally, the Ani Tsalagi Oneselagi Northeastern Band, the Cherokee tribe formed here in the 1830’s, headed by Principal Chief Darius TwoBears Ross.

The article quotes the flawed NJ Commission on American Indian Affairs Committee report on Indian tribes in New Jersey:  

“It reflects lingering discrimination, ignorance of state history and culture.”

Interesting take, when you consider that our state history includes former Governors honoring the Sand Hill tribe as far back as the 1940’s when even the Smithsonian listed the Sand Hill as the only indigenous tribe left that still practiced their traditions and arts.  The new Committee that came up with those words actually does not acknowledge the Sand Hill at all.  The tribe was known and treated as such by NJ State Government UNTIL THE CREATION OF THE NJ COMMISSION that wrote the report that denies they exist.  

And

“whose descendants have lived here peacefully and productively for more than 350 years”.

 

The actual historical record – archeologically goes back 1500 years to at least the of bones discovered here that are linked by DNA to the current Chief of the Sand Hill tribe.  The tribe that the NJ Indian Commission will not admit is indigenous and appears nowhere in this article.

“Reports estimate approximately 20,000 New Jersey citizens belong to one of the three tribes that are indigenous to the state.  Those tribes include the Nanticoke Lenni-Lenape of Cumberland and Salem Counties, the Powhatan Renape of Burlington County, and the Ramapough Lenape of Mahwah and Ringwood.”

The problem is, the Powhatan and Nanticoke only came to NJ in the 1970’s.  These two tribes are NOT indigenous to NJ.  John Norwood – a Tribal Councilman of the Nanticokes states:  

“We have never looked like the southwestern stereotype.  That we never lived in teepees in New Jersey…That Playing Indian by wearing our regalia and misappropriating our cultural and spiritual practices is insulting to many of us.”

 

Of course they wouldn’t have lived in teepees in NJ. The Nanticokes only moved here in the 1970’s. The 1970’s.  It is ironic that the tribe lamenting the misappropriation of their culture moved here in the 1970’s, took the name of Lenape and now appears to be preventing recognition of the Lenape tribe that was already here.  

The interesting thing is – the Ramapough, who had been known by the Smithsonian up till the 1970’s as the Jackson Whites, is closer to what the Commission considers “inter-tribal” people – those not in an official tribe.  They are a 501.c3 with a CEO – not a Chief.  They are a mix of Dutch, African, Lenape, Cherokee, AND Tuscarora.  While the Sand Hill are the Lenape – the very folks who were here for not just 350 years – but THOUSANDS of years, who met Henry Hudson in 1609 and then married the Cherokee who migrated here in 1711 after the Cherokee were displaced from the Southern states.

While it may appear heartening on the surface to see a story raising the issue of discrimination against the Native Americans in NJ, it is painfully ironic that this article, in a publication by lawyers, neglects to mention the most egregious case of discrimination against Native Americans in recent history, the alleged attempt to completely erase from NJ history any mention of the two oldest tribes left in NJ.  The Smithsonian in 1948 listed the Sand Hill tribe as the only indigenous tribe left in the state of NJ still practicing their customs, language and arts.  The Ani Tsalagi are descendents of the Cherokee that migrated here in the early 1700’s as well as those who came to NJ during the Trail of Tears and formed the Ani Tsalagi Onaselagi Northeastern Band in the 1830’s.  They are not mentioned in the article, while the three “groups” currently represented on the NJ Indian Commission, The Ramapough (not a tribe), Nanticokes (not indigenous), and Powhatan (also not indigenous) are mentioned as though all three are NJ indigenous tribes.

This appears to be an epic case of identity theft. In recent years, the Chief of the Nanticokes – who have attempted to build a casino in Alpine NJ, of all places – accidentally, publicly admitted his tribe only came to NJ only in the 1970’s.  The Nanticokes, in fact, came only at the invitation of Sam Beeler, internationally known and respected former Chief of the NJ Sand Hill Band of Lenape and Cherokee Indians – and the very man the Nanticokes appear now to deny even knowing.

The Powhatan tribe – which every 4th grader knows as Pocohontas’ tribe – is from Virginia.  But, Pocohontas was not a Jersey girl.  Again, in proof that no good deed goes unpunished, Sam Beeler was the one who extended an invitation to the Powhatans to set up a home here in NJ – in the 1970’s.  They too, now allegedly disavow even knowing the man.  To acknowledge him is to perhaps acknowledge that he is telling the truth and that they are NOT indigenous to NJ.  (Recently it is rumored that the Powhatans are allegedly under investigation by the IRS for disappearing Federal money that should have gone to the indigenous tribes.)

Now, the Ramapough are quite another story, altogether.  The Ramapough were known only as the Jackson Whites until the 1970’s, when Sam Beeler tried to help them also.  The Smithsonian in 1948 identified the “Jackson Whites” as a mestizo people, a group who are not a tribe, but a diverse collection of people (Dutch, African, Lenape, Cherokee, AND Tuscarora) who make a group by living in the same place and intermarrying.   In the 1970’s, Sam Beeler helped them set up a non-profit organization and gave them a new name.  This is when the name Ramapough came to be used to describe the group that had been known as the Jackson Whites even by the Smithsonian, up until the 1970’s.  

It appears that the NJ Indian Commission is not concerned about the actual history of the last two real Indian Tribes of NJ, but only the “history” of the 3 “groups” represented on the Commission – groups that are either not indigenous to NJ or not an actual tribe.  Autumn Wind Scott, the current Chair of the NJ Indian Commission, who claims Ramapough descent, is quoted extensively throughout the Bar Association’s article.  

When I spoke to representatives of the Sand Hill, they said to me “We hope the NJ Indian Commission keeps it up.  They are making our case”.  The Indian Commission appears to be giving actual proof of the pattern of alleged actions by the State of New Jersey designed to rob the NJ Sand Hill Band of Lenape and Cherokee Indians and Ani Tsalagi Onaselagi Northeastern Band of their history, heritage, artifacts, and sovereign rights.

How did this get so out of hand?  You have to go back at least 10 years.  That was when Chief Lone Bear Revey died.  Lone Bear for many decades had been the well known public face of the Native Americans in NJ and well known to Trenton as well as the force behind getting the Waterloo Village Lenape display up and running.  He was chief of the NJ Sand Hill Band of Lenape and Cherokee Indians until shortly before his death in 1998 when he named Sam Beeler to succeed him as Chief and as head of the NJ Indian Office. Lone Bear was barely in the ground before Crazy Horse of the Powhatans pushed to create the NJ Indian Commission, even though Lone Bear’s NJ Indian Office had been serving that role for many, many years – and still is.  

In a recent move reminiscent of the battle over schoolbooks in Texas teaching creationism, the NJ Indian Commission appears to be promoting a version of NJ state history to be taught in our schools.  The newsletter with the article in question was found in a pile given out in a school.

“Autumn Wind Scott said that efforts are under way to expand the core curriculum standards in New Jersey to include lessons about the history of New Jersey’s indigenous people – a content area that she said is sorely lacking.”

 

The reason it is sorely lacking is because any version of NJ history that omits the Sand Hill while teaching that the Nanticokes and Powhatan are indigenous to NJ is not history, it is fiction. However, the curriculum Autumn Wind appears to be promoting wipes out the heritage, culture, arts and language of a population of Native American tribal members that still resides in NJ after thousands of years and has never left – the Lenape – as well as our Cherokee tribe whose family members suffered during the Trail of Tears.  Native Americans who, it appears, the Commission doesn’t deem fit to even mention, nor give a voice to.  

The Committee’s report also

“called out statements by uninformed or bigoted teachers who claim that there are no American Indian tribal groups in New Jersey.”

An ironic statement considering the Committee refuses to acknowledge the two OLDEST tribes in the state.

Not only is the re-education happening in the school arena.  The State Archives have also been rumored to be sanitized, and artifacts belonging to the NJ Sand Hill tribe have already been removed from museums.  In addition, pressure has been applied – Chief Holloway has been physically threatened, followed, his home broken into, and his brake lines cut.  It is alleged that attorneys who initially agreed to take on this case have been threatened with blacklisting for representing Chief Holloway’s tribe.  It appears the effort to erase Chief Holloway’s tribe from history extends to the internet as well.  Wikipedia has been edited to include only the “groups” on the Commission, and I and other bloggers have been threatened with lawsuits for simply blogging about this case.  Other bloggers have also been harassed for being sympathetic to Chief Holloway’s tribe, allegedly by members of the NJ Indian Commission. The folks who threatened lawsuits against me had members of the Commission copied on those emails.  I have even found online letters sent to historians around the state that attempt to discredit Chief Holloway’s side of the story.  It appears to be a concerted and ham-fisted effort to erase Chief Holloway’s tribe, deliberate and widespread and with a paper trail for these actions going back ten years.

Most recently, I was informed that the Federal Government notified an oil company interested in drilling off the NJ coastline who wanted to speak with Native American tribes, to speak with the only indigenous tribe left – The Sand Hill Band of Lenape and Cherokee.  However, it appears that someone in Trenton allegedly intervened and excluded Chief Holloway and his tribe from that meeting.  (Not surprisingly, a fee of 6 million of dollars was involved.)

According to the article:  

“It is believed that changes sought must begin with legislation that officially recognizes the three Native American tribes indigenous to New Jersey.  A bill is now pending in the New Jersey legislature that provides official state recognition of these tribes  ‘for the limited purpose of assisting these tribes in establishing eligibility for federal education, job training, and housing benefits and federal protection for the sale of artwork and of the right to engage in traditional religious practices and ceremonies.”

The bill mentioned sounds suspiciously like Senator Loretta Weinberg’s bill, which she wrote to give the Sand Hill and the Ani Tsalagi tribes representation on the Commission.  The new bill allegedly states boldly that the Ramapough, Nanticokes and Powhatans are indigenous tribes to NJ.  None of the tribes on the Commission had to prove their background before being appointed to the Commission. It is rumored that because of the recent Federal investigation into millions of dollars missing that were to go to NJ’s indigenous tribes, under scrutiny, the Powhatans and Nanticokes have finally admitted to the Federal government that they are not indigenous to NJ and have only been here since the 1970’s.  What the Commission could not do with the truth or evidence, they appear to be attempting with legislation.  The only problem is, when the three “tribes” on the Commission went to the BIA for Federal Recognition ALL THREE TRIBES were turned down because the Powhatans are from Virginia and the Nanticokes from Delaware, and the Ramapough Indians are a non-profit organization, not a tribe.  

It also appears that Judge Hayden, the Federal judge who has been allegedly stalling this trial since last year, has taken early retirement, though no one involved in the case has been formally notified.  It would appear that the Federal Government has finally stepped in, but they have not reached out directly to Chief Holloway.

As the Federal government appears to play ostrich and while the NJ Indian Commission appears to be re-writing history, the NJ Sand Hill Band of Lenape and Cherokee Indians are using this time to gather the evidence they need to make their case that much more ironclad. And as the Federal government appears to drag their feet and avoid the inevitable negotiating table, the stakes get bigger.  As members of the NJ Indian Commission continue what appears to be a crazy version of whack-a-mole to eliminate any mention of the two oldest tribes in the state from history as well as the internet (good luck with that one), AND our schools, the case has gone international.  The ridiculousness of the situation is that a simple sit-down with President Obama could go a long way toward resolving what is turning into an epic saga.  I have met these folks and have been trying to tell their story for 2 years now.  They are patient and reasonable people, but everyone has a limit.  Justice delayed is justice denied, and as their rights have been trampled ever since they reached out a hand to Henry Hudson 400 years ago, patience is wearing thin.

Many Americans today regret the horrific way the First Americans were treated throughout our history.  Here is our Federal government’s chance to make a difference.  With the very last Native American tribe left who never subjugated themselves to the Federal Government or signed away their land.  

Sand Hill Case May Go to World Court

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Chief Ron Yonaguska Holloway met with the United Nations Special Rapporteur on Human Rights, James Anaya on April 23, after giving a speech at the UN on April 20 regarding his case.

http://www.nativeamericannetro…

In that speech, it was revealed that this is the first time that a state in the US is being held accountable for the actions of its leadership regarding Native Americans.  That fact drew much attention the week of the Permanent Forum on Indigenous Issues.  The Sand Hill Tribe is the last continuously operating Lenape tribe left in the state of New Jersey.  It is one of the last “first contact” tribes left on the Eastern seaboard.  The stakes are enormous.

When Chairman Holloway met with the Special Rapporteur, he was informed that the UN is willing to represent Chairman Holloway and his Tribe – The NJ Sand Hill Band of Lenape and Cherokee Indians, and will reach out to the US Leadership to set up a meeting to negotiate a settlement.  The Rapporteur also promised to represent Chairman Yonaguska Holloway and his tribe, if necessary, at the Hague.  

This story, which we have been trying to tell for the past 2 years is finally big enough to get the press it deserved all along. This case could go all the way to the World Court if the Federal Government continues to deny justice by delaying it indefinitely.  According to Chairman Holloway, “Now the case in in the hands of the world. We will see what the world thinks.”

For more on the situation: http://americanaffairs.suite10…

Chief Yonaguska Holloway Addresses the UN

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On April 20, 2010, Chief Yonaguska Holloway of the New Jersey Sand Hill Band of Lenape and Cherokee Indians was invited to address the Assembly at the UN. I have been blogging about his case for the past two years. In February of 2009, Chief Holloway filed a lawsuit on behalf of his tribe because the State of New Jersey is trying to write them out of existence along with the Ani Tsalagi Onaselagi Northeastern Band (the oldest Cherokee tribe in NJ) and the federal judge appears to be stalling the case on purpose. The following is the entire text of Chief Holloway’s speech:

 

“Over sixty years ago, the General Assembly adopted and proclaimed the Universal Declaration of Human Rights.  Afterward, the Country members were called upon to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read, and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories .” It is this very reason I stand here before you today.  The violation of basic human rights as set forth in the Universal Declaration of Human Rights.

   Over six hundred years ago, my ancestors lived and thrived along the shores of what is now the eastern seaboard of the United States of America.  The New Jersey Sand Hill Band of Lenape and Cherokee Indians are the direct lineal descendants of the original inhabitants of the land now known as the State of New Jersey.  Human remains, dating back almost two thousand years have been uncovered in this area.  DNA testing of these remains has linked them to me personally.

   We are a sovereign people, as were our ancestors at the time of the arrival of the first Europeans.  First the Dutch, then later, the British.  This is testified to by the fact that the early Europeans entered into and signed treaties with us, sovereign to sovereign.  These treaties kept certain rights unto us, including land, water, hunting, fishing and coastal areas being amongst them. The United  States, at the end of the Revolutionary War, as part of the agreement to end hostilities, agreed to honor and maintain these international treaties by accepting to act as a trustee.  They even went as far as to enact federal legislation to ensure that our rights would be protected.

   However, by 1802, the newly formed “State” of New Jersey had completely disregarded these treaties and federal laws, and most importantly, our basic human rights to even exist.  Over the next few decades, in an unsolicited invasion, our ancestral lands were seized, our people forcibly removed or slaughtered.  Those that survived were forced into hiding, in and around the lands that for millennium sustained us.  Not only were federal laws completely ignored by New Jersey, but they had no legal right to even act as a state, as they had not ratified their own state constitution until 1842.  All the while, the United States Federal Government turned a blind eye toward us, refusing to exercise their trust relationship with us that they had decades before accepted.

   As the only remaining “First Contact” Indian people on the eastern seaboard to legally address this gross misconduct, the stakes are very high.  We claim rights to the land and vast natural resources along the entire coastline of New Jersey, inland to the Delaware River.  Our ancestral home for thousands of years include, what is now called Port Elizabeth, Newark, Atlantic City, and Trenton. Just to name a few.  Also of importance is the fact that under these seized lands lies the largest fresh water quifer along the north east seaboard.  Other “First Contact” tribes have settled their claims after decades of legal battles, but none have had the tremendous impact of ours.

   After years of failed attempts to reconcile with the State of New Jersey, we were forced to take the state to Federal Court to prove our claim.  Unfortunately, because of the magnitude and the implications of the case, it has been purposely stalled and ignored in an attempt to defraud us and dispense with our international treaty rights.  We have even, in the course of the case, brought forth evidence that the State of New Jersey itself, in court, legal opinion and internal documents, admits that our lands have been seized illegally.  Various major archaeologists, universities, historians and other specialists are in agreement as to our claim and rights.

   It is not our intention to interfere with the continuity of the United State, or its national security.  However, it is our intention to take every avenue available to us up to and including international intervention, and the World Court if necessary.

   It is the very existence of our people that it at stake. And we have no intention of going into the night quietly!  I stand here to ask the international community for its support, assistance in whatever manner available to assist us in having our International rights respected and restored.

   It is our hope & prayer that this astute body and the global community will hear our long suppressed cry, and come to our aid!”

After Chief Yonaguska Holloway delivered his speech and the lunch break, U. S. Ambassador Susan Rice, in a moving speech, reiterated some of the points Chief Holloway had made earlier that day when he addressed the audience of Indigenous Leaders.

The ambassador announced that the U.S. is reconsidering its position on Indigenous Peoples’ Rights immediately on the heels of New Zealand’s reversal of its previous denial of the same rights. Australia,  Canada, New Zealand and the United States refused to sign the United Nations Declaration on Rights of Indigenous Peoples. Australia and New Zealand reversed their decisions.  The US and Canada are the only two countries left that have not reversed their position to guarantee the rights of indigenous peoples in their countries.  

Ambassador Rice’s statement was met by a standing ovation by Chief Holloway’s Entourage, various Chiefs of the Iroquois Nations and other Indigenous Nations who were in attendance during the General Assembly of the United Nations.

For more information on the UN Forum on Indigenous People:

http://www.un.org/esa/socdev/u…

The Text of the Declaration:

http://iwgia.synkron.com/graph…

The timeline of the Sand Hill case against the State of New Jersey and documents involved in the case:

http://secretnj.net/2852/4501….

Here is the text of Ambassador Rice’s speech at the UN Permanent Forum on Indigenous Issues, April 20, 2010

   

“In his Presidential Proclamation last fall honoring Native American Heritage Month, President Obama recognized that the “indigenous peoples of North America–the First American–have woven rich and diverse threads into the tapestry of our Nation’s heritage.” What is true in the Americas is true around the world. There is no true history that does not take into account the story of indigenous populations–their proud traditions, their rich cultures, and their contributions to our shared heritage and identity.

   But in the United States and many other parts of the world, indigenous communities continue to feel the heavy hand of history. Our first nations face serious challenges: disproportionate and dire poverty, unemployment, environmental degradation, health care gaps, violent crime, and bitter discrimination. Far more must be done–at home and abroad–to tackle these challenges, expand the circle of opportunity, and work with our Native communities to ensure they enjoy the security and dignity that all citizens deserve.

   President Obama is deeply committed to strengthening and building on government-to-government relationships among the United States and our tribal governments. Our Administration has moved quickly to launch programs to improve the lives of Native Americans. Shortly after his inauguration, the President appointed my colleague, Kimberly Teehee, as his Native American policy advisor and began extensive outreach to tribal leaders. In November of last year, President Obama invited representatives from each of our 564 Indian tribes in the United States to attend a White House Tribal Nations Conference. Nearly 500 tribal leaders participated–the most widely attended White House tribal meeting with the President, Cabinet Secretaries, senior officials, and members of Congress in U.S. history. The President signed a Memorandum on November 5, 2009, directing every federal agency to develop plans to implement fully the Executive Order on “Consultation and Coordination with Tribal Governments,” which mandates that all agencies have an accountable process for meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. The level of tribal consultation is now at historic levels–marking a new era in the United States’ relationship with tribal governments.

   Last month, President Obama signed a historic reform of the U.S. health care system that includes important provisions to reduce the gaping health care disparities that Native Americans still face. Signing and implementing this landmark law constitutes a major step toward fulfilling our national responsibility to provide high-quality, affordable health care to all citizens, including American Indians and Alaska Natives.  

   The U.S. government has also made improving public safety in tribal communities a high priority. The Department of Justice supports an initiative to hire more Indian country Assistant U.S. Attorneys to prosecute cases of violent crime on Native lands. This initiative will also provide additional federal agents to support law-enforcement efforts in tribal communities. Combating crimes involving violence against women and children on Native lands is a particularly high priority for the U.S. government.

   Last year, in the face of a global economic crisis, President Obama took swift action to spur economic activity and create new jobs. The American Recovery and Reinvestment Act specifically allocates more than $3 billion to assist tribal communities. These funds are being used to renovate schools on reservations across the country, to create new jobs in tribal economies, improve housing, support health care facilities, and bolster policing services. The President’s Fiscal Year 2011 budget request also proposes a 5 percent increase in federal funding for Native American programs, to a total of $18.5 billion.

   The United States also supports programs that help indigenous communities around the world. We are especially committed to promoting corporate social responsibility, particularly with extractive industries whose operations can so dramatically affect the living conditions of indigenous peoples. The United States has therefore engaged in a multi-stakeholder initiative to encourage firms to operate safely within a framework that fully respects the rights of surrounding communities. We support the Initiative for Conservation in the Andean Amazon, a regional program designed to strengthen indigenous efforts to protect and conserve the Amazon Rainforest. In Peru, our common efforts focus on the conservation of the Manu National Parks, together with the Yanesha and Ashaninka peoples, by providing training in sustainable resource management and expanding environmental conservation capacity. The United States also participates fully and actively in the Arctic Council, a high-level intergovernmental forum of the eight Arctic states where Arctic indigenous peoples — represented by Permanent Participant organizations — have a co-equal role.

   Consistent with President Obama’s call for a new era of U.S. engagement with the world, the United States applauds the Permanent Forum’s efforts to raise awareness of issues affecting the world’s indigenous peoples and to generate ideas for substantially improving their livelihoods and communities.

   Thus today, I am pleased to announce that the United States has decided to review our position regarding the U.N. Declaration on the Rights of Indigenous Peoples. We recognize that, for many around the world, this Declaration provides a framework for addressing indigenous issues. During President Obama’s first year in office, tribal leaders encouraged the United States to reexamine its position on the Declaration–an important recommendation that directly complements our commitment to work together with the international community on the many challenges that indigenous peoples face. We will be conducting a formal review of the Declaration and the U.S. position on it. And as we move ahead, we look forward to consulting extensively with our valued and experienced colleagues in the federally recognized Indian tribes and interested nongovernmental organizations.

   While many steps have been taken in the Administration’s first year, we are not satisfied. We seek to continue to work together with our partners in indigenous communities to provide security, prosperity, equality, and opportunity for all. There is no American history without Native American history. There can be no just and decent future for our nation that does not directly tackle the legacy of bitter discrimination and sorrow that the first Americans still live with. And America cannot be fully whole until its first inhabitants enjoy all the blessings of liberty, prosperity, and dignity. Let there be no doubt of our commitment. And we stand ready to be judged by the results. Thank you, Mr. Chairman.”