SAINT REGIS MOHAWK TRIBAL COUNCIL ISSUES STATEMENT ON
U.S. SUPREME COURT DENIAL OF CAYUGA LAND CLAIM APPEAL

Tribe Continues to Pursue a Negotiated Settlement

AKWESASNE — The St. Regis Mohawk Tribal Council learned today that the United States Supreme Court refused to consider hearing an appeal involving the Cayuga Indian Nation of New York's land claim. The Tribal Council expressed its outrage and disappointment in the Supreme Court.

“The Supreme Court, in refusing to accept the Cayuga appeal, has established itself as the most anti-Indian court in the history of the United States ,” stated Tribal Chief James W. Ransom.

The Cayuga Indian Nation of New York, Seneca-Cayuga Tribe of Oklahoma, and the federal government petitioned the Supreme Court to reverse the 2nd U.S. Circuit Court of Appeal's dismissal of the 26-year-old land claim and $247.9 million judgment. In June 2005, the 2^nd Circuit applied the doctrine of laches and ruled that the Tribe waited too long to seek relief.

The 2^nd Circuit Court of Appeals based its decision on the March 2005 ruling by the Supreme Court in Sherrill v. the Oneida Indian Nation of New York that too much time had passed for the tribe to reclaim sovereign title to ancestral land. The tribes and federal government say the 2nd Circuit misapplied the top court's decision in nullifying the Cayuga land claim and appealed to the Supreme Court.

"It continues to amaze me at how biased courts have become towards Natives," said tribal Chief Lorraine M. White. She added, "The latest decision by the Supreme Court sounds an alarm to all Tribes that it’s open hunting season on them in the judicial system and that Indian issues have no chance in being fairly resolved if they are taken into the courts."

In refusing to hear the appeal, the Supreme Court effectively killed a 1994 federal court ruling that awarded the tribes nearly $250 million for lands that were illegally purchased. More than 200 years ago, 64,015 acres of ancestral territory was stolen from the Cayugas.  The 1994 judgment compensated the tribes for the crime that was committed against them.

The Tribal Council states that the Supreme Court's refusal to hear the appeal represents a severe blow to Tribal efforts to address the grievous wrongs that have been committed against them in the past.  The Council predicts that closing the judicial door will lead to more conflict between Tribes and their neighbors as Indian wrongs go unaddressed.

The Tribal Council anticipates that the court case for the Akwesasne Mohawk land claim will see increased activity in the courts now that this decision has been rendered. It expects the state and counties to seek dismissal but it is fully prepared to defend its’ case. It's likely that the Akwesasne Mohawk land claim case will linger in court and remain unresolved for several more years.

The Tribal Council continues to urge all parties to reach negotiated resolutions to land claims. They noted that resolving land claims through "win-win" settlements continue to be an option, though now it could be a challenge to get local support. Instead, it is likely that court judgments will be pursued that will cause all the parties to incur exorbitant legal fees.

"It's a dangerous time for any Tribe to take its issue to the courts," said Tribal Chief Barbara A. Lazore. She continued, "Negotiated settlement should still be pursued by all parties and contains benefits for everyone. What our land claim settlement has achieved is monumental and all parties should honor their signatures to the agreement."

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The St. Regis Mohawk Tribal Council is the duly elected and federally recognized government of the Mohawk people.