Indigenous Peoples of the United States Legal Research Guide: New York State's Indian Nations

This book tells the complex and intriguing story of the Six Nations and their relationship with the United States over the 200-year period following the American Revolution. Two hundred years after signing the treaty that was to protect their lands and sovereign rights, the Haudenosaunee -- the Six Nations of the Iroquois Confederacy -- have been stripped of all but a small fraction leading up to the signing of the treaty and look at how the Haudenosaunee have fared under its terms.

Several centuries ago, the five nations that would become the Haudenosaunee -- Mohawk, Oneida, Onondaga, Cayuga, and Seneca -- were locked in generations-long cycles of bloodshed. When they established Kayanerenkó:wa, the Great Law of Peace, they not only resolved intractable coinflicts, but also shaped a system of law and government that would maintain peace for generations to come. This law remains in place today in Haudenosaunee communities: an Indigenous legal system, distinctive, complex, and principled. It is not only a survivor, but a viable alternative to Euro-American systems of law. With its emphasis on lasting relationships, respect for the natural world, building consensus, and on making and maintaining peace, it stands in contrast to legal systems based on property, resource exploitation, and majority rule.Although Kayanerenkó:wa has been studied by anthropologists, linguists, and historians, it has not been the subject of legal scholarship. There are few texts to which judges, lawyers, researchers, or academics may refer for any understanding of specific Indigenous legal systems. Following the United Nations Declaration on the Rights of Indigenous Peoples, and a growing emphasis on reconciliation, Indigenous legal systems are increasingly relevant to the evolution of law and society.In Kayanerenkó:wa Great Law of Peace Kayanesenh Paul Williams, counsel to Indigenous nations for forty years, with a law practice based in the Grand River Territory of the Six Nations, brings the sum of his experience and expertise to this analysis of Kayanerenkó:wa as a living, principled legal system. In doing so, he puts a powerful tool in the hands of Indigenous and settler communities.

The Oneida Indians once owned millions of acres in what is now New York State, but their land has gradually been taken away from them by the State. The Indians were told they had no claim on the land, but continued to fight. This is an account of that fight, which they eventually won.

The landmark Oneida Supreme Court decisions of 1974 and 1985 testify to the fact that the Iroquois' day in court has finally arrived. Although Indian petitions to regain their shrinking land base have generally caught the non-­Indian public by surprise, land rights have been an issue for the Iroquois for the past two-hundred years. This book provides a balanced appraisal of the land claims made by several of the Iroquois tribes. By drawing upon the viewpoints of those who have a direct stake in the land claims' outcome-Iroquois, attorneys representing or defending against the claims, expert witnesses--and those who have extensive knowledge of the controversy, this book reveals the complexity of the issues. While there is no easy way to resolve these claims, the uniquely qualified contributors stress that a negotiated settlement is preferable to a litigated one. The fact that these cases have had to be brought to court, even to the Supreme Court, is evidence of the seriousness of the issues involved. This timely book strikes a balance among the various parties to the land disputes, proving an invaluable resource to academics, students, legal professionals, policymakers, and the public at large.

Chapter 30 is a research guide to Indian Nations in New York State.