Sand Hill Case Update

Here is an update of the case filed against the State of NJ by the oldest indigenous continuously operating tribe in the State of NJ – The Sand Hill Band of Lenape and Cherokee Indians.

After the first scheduling hearing, the complaint was amended. Here is a link to my flickr page where the entire document is posted:

http://www.flickr.com/photos/1…

It appears that the tribe has been getting the basic runaround by the District Court in Newark. Their request for a three judge panel has been delayed for unknown reasons.  Dr. Ron Yonaguska Holloway as Chairman of the tribe, has just filed a formal complaint at the UN, because it does not appear likely that the tribe will get a fair hearing in a state teeming with corrupt Jersey politicians.

The UN frequently must deal with issues of indigenous peoples consistently who have been wronged by their occupiers.  In the case of the Lenape-Cherokee here in NJ, the treaty of Easton was signed by the Governor of NJ while it was still in British  hands in 1758.  The transgressions by the state of NJ began in 1802, when the treaty was broken. The State, however, never ratified its constitution until 1844.  There lies the rub, and the complicated web of craziness that may ensue during the course of this trial.  

This is going to get interesting folks, I guarantee it.

I’d like to add that this whole mess could have simply been avoided if the NJ Commission on Indian Affairs wasn’t a disaster that refused to seat the two oldest tribes in NJ.  

To get an idea of just HOW BIG this thing is, you have to look at the 2 PAGES of the complaint that simply list the defendants in this state.  Most of the Administration, and EVERY COUNTY in the state.  

The text of the letters to the UN are posted below:

 

July 6, 2009

   Secretary General Ban Ki-moon

   Secretary General of the United Nations

   Office of the Secretariat

   One United Nations Plaza

   New York, NY 10017:

   Dear Secretary General Ki-moon:

   We, the indigenous American Indians, in what is now known as the State of New Jersey in the United States of America have been forced by the State’s refusal to address past genocidal and land issues to petition the United States Federal Court for relief from the denial of our sovereign rights, treaty agreements, and the ongoing genocide against our peoples’ rights to exist.

   We have been stonewalled and compelled to go into Federal Court.  We request that you allow us the opportunity to petition you for your support and relief to protect our sovereign rights in case the judiciary pattern established by the State of New Jersey becomes the legal formula for denying us our sovereign rights in the United States Federal Courts.  Be advised that the continuance of the genocidal pattern has all but eliminated our existence.

   Even though the State of New Jersey did not have a ratified constitution, they are claiming immunity from these crimes committed, though historically documented, and not denied.

   We officially petition for your assistance, guidance, direction, and protection in these matters. Please accept this as our initial formal complaint and request for mediation.

   Anticipating your cooperation, please let us know when we will be able to meet with you and/or your designated representative at your earliest convenience.

   Time is of the essence.

   Sincerely,

   Wado/Wanishi

   (ThankYou)

   Dr. Ronald Yonaguska Holloway

   Chairman  New Jersey Sand Hill Band of Lenape & Cherokee Indians

   cc:  Dr. Carroll MedicineCrow Holloway; Director – New Jersey Indian Office

   Darius J. TwoBears Ross; Principal Chief – Ani~Tsalagi Onaselagi NE Band

   Members of the United Nations Permanent Forum on Indigenous Issues:

   Ms. Tonya Gonnella Frichner – United States

   Mr. Lars Anders-Baer-  Sweden

   Mr. Hassan Id Balkassm- Morocco

   Mr. Bartolome Clavero- Spain

   Mr. Mick Dodson – Australia

   Mr. Andrey Nikiforov – Russian Federation

   Ms. Margaret Lokawua- Uganda

   Ms. Paimanach Hasteh – Iran

   Mr. Carolos Mamani Condori – Bolivia

   Ms. Elisa Canqui Mollo- Bolivia

   Ms. Lilane Muzangi Mbella- Congo

   Mr. Carsten Smith- Norway

   Mr. Pavel Sulyandziga- Russian Federation

   Mr. Eugenio A. Insigne Tingguian/Philippines

   Mr.  Simeon Adewale Adekanye- Nigeria

   Ms. Victoria Tauli-Corpus, Igorot/Phillippines

   July 6, 2009

   Secretary General Ban Ki-moon

   Secretary General Of The United Nations

   Office of the Secretariat

   One United Nations Plaza

   New York, New York

   Re: New Jersey Sand Hill Band of Lenape & Cherokee Indians vs. State of New Jersey

   Dear Secretary General Ki-moon:

   The New Jersey Indian Office’s responsibility for more than 50 years has been to protect the flora, fauna and indigenous people’s rights and interest.  For over three hundred years our peoples have tirelessly attempted to live in harmony and peace with our conquers.  Our original treaties were made with the British during their invasion their successors – The United States of America to this day have not honored their responsibilities, and obligations.

   I write on behalf of the New Jersey Sand Hill Band of Lenape and Cherokee Indians, the original occupants of Lenapehoking (New Jersey USA.).

   Our peoples signed the Treaty of Easton, and others, with our British Conquers and we ceded parts of our land to them.  After the Revolutionary War, the United States Government became the successors to these treaties.  Subsequently they have failed, and refused to honor their treaty obligations. These refusals resulted in the illegal confiscation and destruction of the land, its fauna, and people. We have been slaughtered, dispersed, and genocidally removed from our homelands.  The failure to honor these international treaties has resulted in the loss of language, culture, religion, and the like.

   At the moment the NJ Sand Hill Band of Lenape and Cherokee Indians have exhausted all local and State remedies for justice.  They have been slighted, dismissed, and stalled in the federal court process.  I request your assistance for them, as they are being blocked at all levels of the United States Government in their quest to have the United States of America honor their international treaty obligations.

   As a Sovereign people they have decided the best recourse is to plead their case to the International Community.  Under separated cover you will also receive letters of plea from the Sand Hill Indians as well the Ani~Tsalagi Onaselagi Northeastern Band who have also been affected.  We respectfully request an audience with you, or your designates at your earliest convenience. I appreciate you time and consideration.

   Please consider this letter as a formal complaint.

   Sincerely

   Dr. Carroll Medicine Crow Holloway

   Director, The New Jersey Indian Office

   cc:  Dr. Ronald Yonaguska Holloway, Chairman – New Jersey Sand Hill Band of Lenape & Cherokee Indians

   Principal Chief Darius J. TwoBears Ross- Ani~Tsalagi Onaselagi Northeastern Band

  July 6, 2009

   Secretary General Ban Ki-moon

   Secretary General of the United Nations

   Office of the Secretariat

   One United Nations Plaza

   New York, NY 10017:

   Dear Secretary General Ki-moon:

   I am writing to you because we are supporting the efforts of the New Jersey Sand Hill Band of Lenape and Cherokee Indians in their pursuit for justice in the United States Courts.  It is with deep regret that I am must reach out to you because I truly believe that the United Nations will probably be our last resort and/or stand to help guarantee justice for our cousins/allies, the New Jersey Sand Hill Band of Lenape and Cherokee Indians and us in bringing their lawsuit before the world and the Native American communities at large.

   We are very familiar with the United Nations and the Human Rights Commission.  Tribal Council Elder Edward TwoBears Peart, assisted in amending the human rights petition to the Human Rights Commission to the United Nations for Native American/Indigenous People and Displaced Indigenous Peoples who live in North and South America, as well as all over the world.  He had worked side by side with our Tribal Council Elder-Tribal Mother, Saca Jawea Kutchera Howard and Tonya Gonnella Frichner, who is a current member of the United Nations Permanent Forum on Indigenous Issues.  At that time, Tribal Council Elder Peart was the War (Red) Chief of the Echota Chicamugh Cherokees of New Jersey and Saca Jawea Kutchera Howard was a Tribal Mother of that tribal organization.

   The Echota Chicamugh Cherokees of New Jersey was subsequently disbanded by petition of the Tribal Council.  At the current time, both are now members and Tribal Council Elders of the Ani~Tsalagi Onaselagi Northeastern Band.

   It is our firm belief that there is a strong movement to commit social, environmental, cultural and political genocide against all Indians in New Jersey and may place all indigenous Native American people into a survival mode under the Federal and Local governments of the United States.  We are compelled to defend our future survival with apparently none or little redress through the judicial system of the New Jersey State and the United States Courts.

   Please remember that the Ani~Tsalagi (Cherokees) won in court during the term of President Andrew Jackson and as a result of that action, 14,000 Cherokees died on a forced march known as the Trail of Tears. Even though we had won in the Supreme Court, President Jackson gave the order to drive us out of our own lands in Georgia on a forced march to Oklahoma, to which we, the Ani~Tsalagi Onaselagi Northeastern Band and the Sand Hill Band of Lenape and Cherokee Indians are direct descendents thereof. The Cherokees were forcibly removed from their lands and it could happen again.

   I have experienced first hand the attitude of the State of New Jersey while trying to seek recognition for our tribal band within New Jersey and from the present State administration.  I was mislead, lied, beguiled, and placated to by the State in my seeking justice for our people and the New Jersey Sand Hill Band of Lenape and Cherokee Indians, as well as all Cherokees who are not represented in State of New Jersey.

   The Ani~Tsalagi Onaselagi Northeastern Band and The New Jersey Sand Hill Band of Lenape and Cherokee Indians have become allies in our attempts to rectify the many problems confronting both of our tribes by addressing these issues at meetings with State representatives, and through joint and separate letters to various State officials asking them to address these issues.  We have had no success in getting the State to deal with these matters.

   Both Tribes have been stonewalled by the State of New Jersey in their quest for justice and The New Jersey Sand Hill Band of Lenape and Cherokee Indians have been forced to take their case before the Courts.

   I am asking you to permit us to petition for your support and relief in this matter, and that the pattern established to eliminate Native Americans in the State of New Jersey is just one of the many actions that must be addressed and stopped.

   You will be receiving two other letters regarding these issues. One will be from the New Jersey Indian Office and the other from The New Jersey Sand Hill Band of Lenape and Cherokee Indians themselves. I am asking for your assistance in guaranteeing that justice prevails for our allies, The New Jersey Sand Hill Band of Lenape and Cherokee Indians in regards to their lawsuit and concerns as well as our issues as quickly as possible.

   Please understand that we are requesting a meeting with you and/or your designated representative as time is of the essence.

   Wado//Wanishi

   (Thank you)

   Darius J. TwoBears Ross

   Principal Chief Ani~Tsalagi Onaselagi Northeastern Band

   cc:  Dr. Ronald Yonaguska Holloway, Chairman ? The New Jersey Sand Hill Band of Lenape

   and Cherokee Indians

   Dr. Carroll MedicineCrow Holloway, Director – The New Jersey Indian Office

   Members of the United Nations Permanent Forum on Indigenous Issues:

   Ms. Tonya Gonnella Frichner – United States

   Mr. Lars Anders-Baer-  Sweden

   Mr. Hassan Id Balkassm- Morocco

   Mr. Bartolome Clavero- Spain

   Mr. Mick Dodson – Australia

   Mr. Andrey Nikiforov – Russian Federation

   Ms. Margaret Lokawua- Uganda

   Ms. Paimanach Hasteh – Iran

   Mr. Carolos Mamani Condori – Bolivia

   Ms. Elisa Canqui Mollo- Bolivia

   Ms. Lilane Muzangi Mbella- Congo

   Mr. Carsten Smith- Norway

   Mr. Pavel Sulyandziga- Russian Federation

   Mr. Eugenio A. Insigne Tingguian/Philippines

   Mr.  Simeon Adewale Adekanye- Nigeria

   Ms. Victoria Tauli-Corpus, Igorot/Phillippines

Comment (1)

  1. bcurovic

    Thanks for the update Crow! B.C. f/Paterson, NJ

    Reply

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