Oneidas demand land
1985John McNamara 1985-02Read it in the scan (PDF at ETOL), page 6 →
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acres." peoples. They must take the issue to the BUFFALO, N.Y.-In 1795 New York State "obtained"-to use the state's word 100,000 acres of land that belongs to the Oneida Indian Tribe. This land was acquired without the necessary legal approval of the federal government. It later became part of Madison and Oneida counties.
The Oneidas have sued the state to get back part of the land that is rightfully theirs. They are asking for the return of 875 acres. The claim is small compared to the 100,000 acres originally stolen and the claims being made by other Native American tribes. Most of the 875 acres is being used for a highway.
The case is now in the United States Supreme Court, New York is challenging the right of the Oneidas to sue. The question of the statute of limitations has been raised. The land was stolen 190 years ago.
The justices are also concerned about courts. the effect that a ruling in favor of the Oneidas will have on the claims of other Indian tribes. Justice Byron White declared that "the same claim could be made about the rest of the 100.000 This possibility is disturbing to the officials of New York and other Eastern states where other Indian tribes have filed suits. One suit claims 6 million acres in central New York State.
A grim prospect was projected by Allen van Gestell, attorney for two counties involved. A ruling for the Indians, he charged, "means that the people who are there today, who have abided by the laws of New York, are in the middle. You have several thousand people who will be told to leave their land, and I am not sure they will do it."
The Oneidas have not said that the inhabitants of their land will have to leave if the Indians win their case. They want to establish their right to their ancestral lands. What happens whenthat right is established is another question.
In a test case that was filed in 1970, the Oneidas won a small victory. The 2nd U.S. Circuit Court of Appeals ruled that they were entitled to damages of $16,694 plus interest for two vears. This ruling gives the Oneida encouragement that they can win further victories in the It would be a mistake, however, for the Oneidas to rely solely on the courts. The Native Americans must build a mass movement and link themselves with other progressive movements and Streets, History shows that it is this kind of action that accomplishes lasting gains for working people and oppressed minorities,
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