effect of Pennsylvania game laws on American Indians

bear@epix.net
Sun, 25 Feb 1996 13:24:01 +0000


I am posting this at the request of Diahoga Paths Community of Native
Americans. It is one small sample, what one of the members are
doing here in Pennsylvania, where the state senator believes there
are "no Indians".

The following letters were sent to PA Rep Matt Baker and to
Congressman Joseph McDade: (please excuse typos, he did not provide
this on disk...)

Feb 1, 1996

Sir,

I am what you would call an American Indian, a Seneca from my fathers'
side of the family, and as such I have the rights of all Indians under the
Jay Treaty of 1794 (Volume VII of the Public Statutes of the United States
of America).

The Treasury Department in Washington DC defined these rights November 5,
1914 as follows: "All Indians are free of duties passing or repassing the
boundary lines of the USA and Canada, and also free of taxes, license in
trading and selling beadwork, barkwork, baskets, snowshoes, moccasins,
medicines, etc. of their own manufacturing in premises."

Article VI of the Constitution of the USA reads: "This Constitution and
the laws of the US which shall be made in pursuance thereof and all
treaties made or which shall be made under the authority of the US shall
be the Supreme law of the land, and the judges in every state shall be
bound thereby, anything in the Constitution or laws of any state to the
contrary notwithstanding.

Our people have been using every kind of feathers, nuts, shells, quills,
bark, herb, etc in our regalia and in making gifts to give (and lately to
sell at powwows) for thousands of years before the white man came here.
Now the state of Pennsylvania quoting a 70 year old law said "screw you
and the Constitution too, we say you can't have feathers from any
migratory bird, quills, and certain furs (even from roadkills)" and they
will check the powwows to enforce this law.

Doesn't anyone of the Powers That Be in this state know or care about the
US Constituiton that they all swore to uphold? We (Indians) do not kill
any animal or bird, etc. indiscriminately, and we never did. I would
really welcome an informative answer on this.

Thanking you in advance, I am Sincerely,
Charles F. Harley, Troy PA 16947

Charlie then wrote a second letter:

Feb 6, 1996

Sir,

I recently contacted you by mail concerning Pennsylvania's law that
pinpoints the American Indian so the "Powers that Be" can curtail our
ability to feed our families and possibly raise ourselves up a half a step
on the ladder toward equality.

Everyone who lives in Pennsylvania and can read the newspaper can find
out, and keep a record if they so choose, as to the number of does and
bucks killed per county during the hunting season, and the same is true
with bears. A lot of these hunters hunt only for the meat for their own
table, and will gift the antlers, hide, legs, and any usable bones, to
anyone who can and will use them. There are also tens of thousands of
homes (and bars) in this state with monted antlered heads of deer, elk,
and moose. Also lamps made with the use of deer legs.

If the Game Commission and its game wardens can condone this practice for
the white hunters, then why can't they understand that an Indian, who has
been gifted these various parts, make saleable articles from them and sell
these article to help his family? Every Indian who gets parts this way
does not ask the hunter to write him a note to show where he got the
parts, and doesn't always remeber who gave him what part after a year or
two goes by.

If this law is not meant to *harass* or *discriminate* against the Indian
people, then why isn't it used against all other races of people in this
state? Why does the state employ hunters to thin out the porcupine
population and then threaten anyone caught picking up a roadkill with
being arrested and fined? And the same logic goes for other animals, and
expecially birds. You can get into trouble picking up a roadkill even if
you are just moving it from the roadway off to the shoulder of the road.

Doe the white power structure still have such an overwhelming fear of the
American Indian that they much still pursue ways to eliminate him?

I respectfully await your reply, and I am Sincerely,
Charles F. Harley - Seneca Troy PA 16947

A week later, Charlie recieved Mr. Baker's reply, stating his assurance
that he wants to help in any way he can, and then his hope that the Game
Commission would make an official and comprehensive inquiry to reply to
his concerns since he "passed the buck" by cc'ing them with Charlie's
letters.

No word yet from Mr. McDade.

Hmmmm.......

If you've read this far and want to be informed of continuing events,
please post me so I know it's worth my time to be passing this along
via this path.

Laura B.

L.Bear<bear@epix.net>
still searching: PIERCE, Lydia, born 1874? netcong nj? Seneca?