Oneida People Resist!
by Murray D. Lumley
Impressions/interpretations from a visit to the 32 Acre Oneida Territory, Oneida, New York from November 22 to December 6, 2002, to accompany Oneida Native People who are threatened with illegal home inspections leading to possible demolitions of homes
All of what I learned while staying with Diane Shenandoah and her family on the 32 acre traditional Oneida territory east of Syracuse, New York at exit 33, New York thruway, came from the following:
- Conversations with about one dozen affected or supporting people, including CPTer Anne Herman who left one day after my arrival
- Watching three videos that have been made about the conflict, one quite recently by the University of Syracuse and
- Attending the small, but very good museum on the Territory
- Reading many old letters, documents and newspaper clippings from as far back as the late 1980’s, stored at Joanne and Doug’s house, located in the City of Oneida
#4 was provided to John Finlay and myself to search through to look for certain items of use for possible court proceedings.
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From a superficial examination, the dispute would appear to be a family squabble but I and others have concluded that it is very much more than that. Upon my arrival at Diane’s house (as eldest daughter of the Wolf Clan Mother, Diane is the "faith keeper"). I learned that she, a sister and their mother and possibly others who lived in trailer homes on the 32 acre territory were waiting anxiously for Oneida Nation Police (ONP) to show up to do "safety inspections" which would undoubtedly lead to demolition orders. Inspection notices had been delivered on November 14, just over a week before my arrival. Earlier CPT reports have already documented the illnesses and behavioural changes in both adults and children caused by the constant stress of these threats. I heard more than once the statement that "all we want to do is to be left alone, to live in peace" meaning that they were not interested in having the wealth and power of the cousin who was visiting his vengeance on them. Also, about a week prior to my arrival, the sisters filed a lawsuit in Federal Court using a Native People’s Human Rights law to try to bring an injunction against any further inspections or demolitions. 12 trailer homes on the Territory have already been demolished as part of a "beautification and safety program", 11 with the permission of their owners.
Every morning at 8:00 am I attended along with from four to a dozen people a prayer circle led by Diane, with the burning of tobacco to carry our prayers to the Creator to protect the people there and resolve the conflict peacefully.
Important background to the present conflict is the following: (Much of this is summarized in the Oneida Report)
The 32 acre Territory in dispute is all that is left of the original 6 million acres of good relatively flat farmland occupied by the Oneida people - one of the then "five nations of the Haudenosaunee Confederacy" or Iroquois at the time of the American Revolution. The Oneida’s sided with the American colonists and against their Mohawk brothers during the Revolutionary War and helped to defeat the British in three separate local battles, which it is felt, brought France into the war on the side of the revolutionaries and guaranteed the revolution’s success.
Out of gratitude, not only for being allies in war, but for feeding George Washington’s army at Valley Forge (the Oneida’s were very good farmers with large stores of grain and vegetables), the Oneida people were honoured as an ally nation by more than one treaty that guaranteed them perpetual ownership of their land. President George Washington had passed the "Trade and Intercourse Act of 1790" which prevented any state or individuals from trading with native people for their land without express consent of the United States Congress. This Act was ignored and in less than 60 years - by the 1840’s, the Oneida people had lost all of their land to illegal New York State treaties and individual shady and illegal deals except for the present 32 acre Territory. Some Oneidas that lost their land in New York State were given land in Wisconsin and a small number exist in Ontario as the Oneida of the Thames. The number of Oneida’s living in New York State is about 1100 with half of those being children. Three times that many live in Wisconsin. I don’t know the number of Ontario Oneidas.
During the 1970’s after much lobbying particularly by women ancestors of present Oneida’s, the U.S. Supreme Court agreed that the Oneida Nation was indeed cheated out of their land and that any New York State treaties that contributed to the loss of Oneida land are illegal. However litigation has hardly moved beyond initial stages due to lack of political will by New York legislators and the Federal Bureau of Indian Affairs (BIA) which is a sub bureaucracy of the Federal Department of the Interior. Land claims discussions have revived in recent years because of the proposal that they might be satisfied by allowing small acreages of land to be handed over to native people along with cash and permission for natives to operate gaming casinos and other businesses on land that is designated "sovereign land" and on which native owners would not be required to pay any property, business and income taxes. The state sees this as wealth creation for both native and non-native people - the native people should have income to improve the standard of living of all members and be able to purchase land for housing and businesses while jobs are created for non-native people, through the attraction of casino customers from outside the area.
The present governor of New York wishes to add up to 6 new native operated casinos to the state. One is set to open before the end of the year in Niagara Falls, N.Y. to be operated by the Seneca people, one of the present Six Nations.
A complicating factor is that the Oneida’s of Wisconsin and the Oneida of the Thames are also filing land claim suits in New York or federal courts to make sure they receive a share of any settlement. Mr. Halbritter, self proclaimed representative and CEO of Oneida Nation has stated publicly that he believes they have no right to land or compensation since they left New York earlier.
The history of the immediate conflict goes back into the 1980’s when the Wolf clan mother (there are three clans - wolf, bear, turtle), Maisie, according to traditional law, laid down in the thousand year old "Great Law of Peace" of the Haudenosaunee, appointed three Oneida males as "temporary" representatives to the Grand Council of the Iroquois (the organization of the Haudenosaunee was used as a model for the U.S. constitutional government).
The Haudenosaunee or Iroquois are organized as a "matrilineal society" with the women through the clan mothers exercising authority over the "chiefs" and representatives. The women can also remove men from positions of authority to which they have been appointed. One of the Wolf clan appointees was a young Oneida, Maisie’s nephew, Ray Halbritter, who had been sent to Harvard University to study law. An event that brought him to prominence was the arsonist burning of the Territory Bingo Hall in 1989, in a dispute over the use of gambling to make a living. Traditionalists reject gambling saying that the Great Law condemns the practice.
Some of the arsonists were Mohawks from Canada. Mr. Halbritter took this opportunity to lead the way to rebuild the bingo hall, but not on its original site. I was told that he looked for the weakest local government and then bribed them with $300,000 to place it on a wetland adjacent to the New York Thruway at Exit 33 near the town of Vernon in Madison County. While under construction the Bingo Hall morphed into a full fledged casino with approval from New York State, to be run by Mr. Halbritter and a self appointed men’s council with three women, an organization unknown in Oneida or Haudenosaunee traditional law. In 1993, Maisie sent three warning letters to Mr. Halbritter that he was not behaving properly as the Oneida representative. The third letter removed him from office and this was approved for one day by the BIA representative, Ada Deer. However she quickly reversed herself, stating in a letter to Maisie and the Oneida Nation that she did not understand the traditional process and would they please hold a referendum. This constituted white government interference into Oneida sovereign process. Ray Halbritter used every means including dishonesty to obtain the necessary signatures with the result that the BIA and its parent, the U.S. government has recognized Ray Halbritter as the head of and representative of the Oneida Nation ever since. He even wrote in a letter I saw to the BIA that his self appointed men’s council with 3 women was the traditional way, which is false.
In the meantime the other two representatives appointed by the clan mother, had died and no reappointments were made.
The clincher as evidence of white government interference is the story, bragged about by local U.S. Congressman, Republican Representative Sherwood Boehlert, that in the mid 90’s President Clinton needed congressional votes to fast-track the NAFTA agreement. He was willing to offer anything in order to get these votes. He received Rep. Boehlert’s vote by promising that the U.S. government would recognize Ray Halbritter and his council as the legitimate government of the Oneida Nation. Since then, Ray Halbritter has laid claim to Oneida sovereignty over lands and businesses that he owns and defends his right not to pay property, business or income taxes. Despite all kinds of misbehaviours, threats to his own people, threats of expulsion of his white neighbours (by contrast the sisters would never threaten expulsion and only want to be good neighbours of non-natives) as part of the land claims settlement, and threats to white businessmen who oppose him, no politician - federal Senators, Congressmen, the State Governor Pataki or local politicians will not touch him. Those who interfered in native sovereignty now use it as an excuse for doing nothing.
Besides the Turning Stone Casino/hotel, golf course with grand club house and R.V. park, he owns 19 Savon gas stations and cigarrette shops and some other businesses in and around Oneida. He has purchased several thousand acres of land and is now building a large hotel on more wetlands that he is filling in with apparent impunity. A highly educated and ethical cousin that he hired to be his general manager was shortly fired for objecting to Halbritter’s request from the Men’s Council that he (Halbritter) receive a percentage of the casino take rather than a salary. There is little or no accountability in what happens to the proceeds of his businesses. A sovereign Indian Nation has been turned into a corporation called Oneida Indian Nation (OIN). Mr. Halbritter calls himself "Oneida Nation Representative and CEO of Oneida Nation Enterprises."
What he does to ensure his longevity as CEO is to make donations to local and state politicians, local school boards and even to a state in Mexico where casino gaming is being considered. He has also taken politicians on deep sea fishing trips and bear hunting in Alaska.
OIN has built a housing development of attached and detached homes on purchased land near the 32 Acre Territory known as the Village of the White Pines. Despite promises made from 1991 to build new homes to give to his people, to replace the trailers most were living in then, White Pines Village consists of rental accommodation. Most of the trailers remained on the Territory until recently. ON also built a Seniors and Childrens Centre at White Pines. On the Territory OIN has built a new log cabin museum (1993) called the Shako:wi Cultural Center, plus a new "Cookhouse", gymnasium, medical center and administration building which includes a small library. An industrial sized water main sewer pipe and electrical cables have been installed on the Territory. No one knows for sure why but there is suspicion that the 32 acre sovereign Oneida land is desired by OIN for a business.
OIN has its own public relations department, purchased a major Indian Country newspaper to get out his message that the Oneida Nation is doing much better economically than previously and that critics from his people and family are just envious. Critical letters to the editor of the local Oneida Dispatch or the Syracuse Newspaper receive quick responses from "public relations." OIN also retains a law firm that litigates on its behalf. Fifty retired/former white police officers have been hired, some with criminal records, to become the Oneida Nation Police (OINP) that patrol in white OINP SUV’s. OIN has set up a tribal court using retired white judges. Some New York State statutes have been copied to be used as tribal law and some have been made up as needed.
Many Oneida people have benefited somewhat by not resisting Mr. Halbritter with his beautification program for the Territory, which has consisted of the demolition over the past two years of 11 trailer dwellings. These residents accepted the offer of rental housing in the Village of the White Pines (not given a new replacement house) and were able to keep their monthly distribution check from the OIN and might find a job with OIN and keep their voice in the OIN Men’s council.
Those Oneida’s who chose to resist the demolition of their homes by having a "democracy protest march" and by attending a press conference, in the late 90’s, found themselves labelled small-minded and violent troublemakers by OIN. All Oneida’s in attendance at these events found themselves "stripped of their voice" at Men’s Council meetings, no longer received their distribution check and began receiving threats of inspections of their homes for "safety reasons". The traditional "longhouse" which is supposed to be a place of prayer and is never to be locked, is now fitted with locks by OIN and the "dissenters" are locked out. The longhouse is used for business meetings by the men’s council, an improper use according to tradition.
In November 2001, Danielle Shenandoah, received a notice of inspection by OIN right after she tried to have a new furnace installed for the winter. OIN police refused to allow the installer to enter Territory road and used knowledge of her lack of a furnace for her and her 3 children to be a reason for the inspection. OIN inspectors with 22 OIN "non-native" police came November 16, 2001 to force the inspection that she and her mother Maisie, the Wolf clan mother tried to prevent. There was an ensuing physical struggle, recorded on video that resulted in the OIN police breaking into her home and reaching a rapid decision to condemn it. Even though she was physically restrained by the OIN police Danielle was charged with assault and ordered to appear before the tribal court. The furnace installer who has done many home inspections was quoted in the local newspaper as saying that there was no reason to condemn the home.
Christian Peacemaker Teams and other supporters began an intermitten presence at Danielle’s home from February until October 2002. A Peace Camp was created on Danielle’s front yard with people coming from as far away as India. However, during a lull in October 2002, when a number of supporters had gone home, including the CPT presence, the OIN police arrested/kidnapped Danielle for not appearing in tribal court and drove her 300 miles to a jail in Pennsylvania because no New York jail would accept jurisdiction over a native dispute. She was flown back to appear before the tribal court where she plead guilty to assault and agreed not to return to her home, probably due to threats that her children would be taken from her. (She made arrangements for the children to be taken by relatives the day of the demolition).
On October 22, OIN police with a large earth moving machine arrived at the Territory. City of Oneida police were also present. The OIN police attempted to create a violent scene which would have vindicated Mr. Halbritter’s accusations, but the few supporters, many non-native acted non-violently and left the immediate scene when asked to, moving to sister Diane’s front porch. (Two separate non-violent training sessions had been conducted earlier by CPTer Anne Herman of New York State). An interesting aside is that when the OIN police asked the supporters to leave because they were non-native, the supporters invited the OIN non-native police to "lead the way."
Danielle’s house and garage were crushed by the machine and the debris was carted away on a flat bed truck. Even though it was announced in local newspapers that Danielle had received offers of rental housing and a job from OIN, such offers were never made to her personally and to this date she has received no compensation for her $18,000 trailer.
As indicated earlier, on November 14, 2002, several other remaining families that live in their original trailers on the Territory received notices of inspection.
I had an opportunity to attend a meeting of the Upstate Citizens for Equality (UCE), an organization that has sprung up over the last few years out of fear of losing land to native land claims and out of the more immediate fear of OIN lands and businesses being taken off the local property tax rolls, resulting, they think, in tax increases for non-native residents of the area. Newspaper headlines were trumpeting a 16% increase in local property taxes. This group has held demonstrations at Savon gas stations using quite racist signs. Even though the sentiment at the meeting was that all native sovereignty is a threat to non-natives, most of the criticism was aimed at the OIN and Ray Halbritter. Some of the Shenandoah sisters have even spoken at UCE meetings and a UCE executive I spoke to expressed sympathy with the family’s plight.
I also had discussions with and read articles suggested by Doug George-kanentiio. He is a Mohawk writer/historian from Akwesasne, a Mohawk reserve that straddles the Canada-U.S. border at Cornwall, Ontario. Doug now lives in the city of Oneida and is married to Joanne Shenandoah, well known native singer-songwriter recording artist. Doug was part of a running gun battle over casino’s in Akwesasne in 1990 in which 2 Mohawks were killed. He was and is anti-casino. The information suggests that native sovereign lands are seen by racketeers as being like offshore islands that are beyond the reach of the laws of the United States and therefore make good locations for organized crime activities such as native gaming or casinos. It was suggested that no native person has the expertise to set up a casino operation with all that is implied, including money laundering. The expertise comes from places like Las Vegas and Atlantic City. The native leaders in this may be pawns in much larger organized crime operations.
At the recommendation of one of the sisters, I also interviewed an older couple who are heavily involved in charitable work with the Vernon Council of Churches. They also happen to live near the casino. The lady told me many horror stories of people stopping at her house for money (they give vouchers rather than cash) or a place to sleep after losing all their money or signing over their car. The husband who is retired from computer security at the local air base, says that he recognizes organized crime figures hanging out at the casino and that prostitution activity is evident especially in the evenings. John Finlay and I visited the Turning Stone casino and it was relatively busy for an afternoon. My conclusions are that this is an unsavoury activity from which to make one’s livelihood - for native or non-native people.
I asked this couple what they saw as a resolution to the situation where the politicians are hiding behind sovereignty to do nothing. The man thought that violence will eventually erupt and it could come from a disgruntled native or non-native person who perceives Mr. Halbritter as an enemy. There are reports in local newspapers of people arming themselves and there have been public threats carried in the media of death to Indians.
– Murray D. Lumley, for Christian Peacemaker Teams, an international church based violence reduction organization
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