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SOVEREIGN REPUBLIC OF THE ABENAKI NATION OF MISSISQUOI
PO Box 276, Missisquoi 05488
Phone 802-868-7146
FAX 802-868-5118
June 20, 1992
On June 12, 1992, the Vermont Supreme court overturned the 1989
ruling by District court Judge Joseph Wolchik that upheld Abenaki
aboriginal title and rights to the part of Abenaki ancestral land
now known as northwestern Vermont. It is a signal and an alibi for
a new round of State harassment of the Abenaki Nation.
The Abenaki People never gave up their land to European colonizers
by treaty, sale or any other means. The colonists moved in
gradually and when they had enough military force, they burned
Abenaki villages and murdered entire families. The survivors were
forced to go into hiding and to organize resistance from there. The
settlers set up a government, including police, prisons and a legal
system to force people to obey that government. The Abenaki people
did not surrender their lands and they did not choose to live under
the State of Vermont's government. Abenaki land has now been
occupied by the State for two hundred years. The occupiers have
tried persistently to eliminate the Abenaki people and get an
uncontested title to stolen Abenaki land. The State of Vermont is
still trying to destroy Abenaki resistance today. Although U.S.
federal law makes such action against a sovereign Indian Nation by
a state illegal, the State Supreme court has even denied that the
Abenaki People have aboriginal title to their own land.
Aboriginal tile refers to the right to use and occupy lands which
an Indian nation has held "from time immemorial." Judge Wolchik's
1989 ruling recognized that the Abenaki people have aboriginal
title to their ancestral land and that they have the same rights to
hunt, fish and travel which their ancestors did.
The people who founded the State of Vermont on top of Abenaki land
even violated the laws of their own federal government. Until the
so called American Revolution the ruling occupying power in the
area was Great Britain. A Royal Proclamation in 1763 forbade
colonial settlement of Indian occupied lands in this area and
ordered white settlers already here to leave. All such Royal
proclamations, treaties and other agreements remain as U.S. law
unless specifically changed by the federal government.
According to the U.S. Constitution (Article 1, section 8, clause 3)
and in the Trade and Intercourse Acts of 170 and 1793, the U.S.
federal government alone has plenary power to regulate commerce
and otherwise negotiate with a sovereign Indian nation. Only direct
negotiation between the Abenaki Nation and the U.S. government
could change the aboriginal title relationship.
Despite this, the Vermont Supreme court claims that the aboriginal
title of the Abenaki Nation was extinguished "by the increasing
weight of history" and the "intent to extinguish by assertion of
dominion over the area" by white settlers (quoted from the ruling,
pp 16-19). The very real intent by these settlers and their State
of Vermont to destroy the Abenaki Nation's claim to Abenaki land by
any means was and is illegal by federal and international law.
Aboriginal title is not created, it exists, and it can't be
extinguished by intent or by force. The decision merely states that
Abenaki people's rights do not matter any more because the forces
of occupation had control over the area. This is a "might makes
right" attempt to justify theft and murder. THERE IS NO
JUSTIFICATION FOR GENOCIDE.
This action is an attempt to avoid due process of law, because the
law would prove that colonial land titles and therefore all later
titles in the area are fraudulent. The Judges on the Supreme court
are the heirs of the political system put in place by the founders
of "Vermont". Why would they rule against themselves?
The Vermont Supreme court has no jurisdiction to decide whether or
not the Abenaki people hold title to their ancestral land. But
within days of the decision, Vermont District court Judge Cashman
allowed the State of Vermont to prosecute members of the Abenaki
Nation for exercising their aboriginal rights to fish, hunt and
travel. The State immediately began prosecution of over sixty
Abenaki defendants. The State's claim that Abenaki defendants will
get a fair trial in State court is a joke. In a recent "trial" on a
charge of illegal fishing an Abenaki defendant was denied his right
to a jury of his peers (there was not one Abenaki member of the
jury); denied his right to counsel from the Tribal Judge; and not
allowed to present evidence or call witnesses for his aboriginal
rights defense (which the judge ruled "irrelevant"). At several
recent hearings the Tribal Judge was not allowed to represent his
people. A hearing about jurisdiction was adjourned in the middle
when the police began to tow cars registered with the Abenaki
Nation from the court parking lot. A member of the Abenaki Nation
was provoked, harassed, subjected to racial slurs, injured badly
enough to seek medical attention and had her car towed because she
was driving with an Abenaki plate- and she has been charged by the
state with "impeding a police officer"!
The Supreme court ruling is an excuse for the police and judicial
system to go after every Abenaki person who exercises his or her
aboriginal rights on Abenaki land. Harassment and violence by
police have drastically increased in the past few months. Selective
prosecution targets specific organizers and their families. There
is a stage conspiracy to get rid of Chief St. Francis using
prosecution on trumped up charges, financial hardship, slander and
violence. State Prosecutor Howard Van Bentheysen has said he will
proceed with all cases against Abenaki defendants "as quickly as
possible" now that the Supreme court ruling has come down. The
State is trying to wear down our resistance by attacking from all
sides.
We need your support. Although the State has no jurisdiction to
prosecute them, Abenaki defendants are facing hundreds of charges.
Some people are facing years in jail due to selective prosecution.
We are asking you to help us in two ways. First, write letters of
protest to the Supreme court and Governor Dean. Contact the Indian
Commission.
Second, please send us as much as you can for the defense fund. We
must have money to pay for gas to court, transcripts, lawyers,
xeroxing, stamps, research, etc. to defend Abenaki aboriginal
title, Abenaki aboriginal rights and Abenaki people.
Checks made out to Wobenaki, Inc. and marked "defense fund" are tax
deductible. Thank you very much.
Addresses:
Vermont Supreme Court Governor Howard Dean
111 State St. 109 State St.
Montpelier, VT. 05602 Montpelier, VT. 05602
Governor's Advisory Commission on Native American Affairs
c/o Jeff Benay, Chair
17 Grande Ave.
Swanton, VT. 05488
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Michele Lord + If you have come here to help me,
+ you are wasting your time.....
Alpha Institute + But if you have come because
+ your liberation is bound up with mine,
milo@scicom.alphacdc.com + then let us work together.
Aboriginal Woman
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