Katenies served this important document on the court on January 18, 2007. She did not appear personally. A bench warrant for her arrest was issued along with a list of new charges. She has filed requests for the Canadian court to demonstrate its jurisdiction over us and our land. Canada has not answered her question. The time for response set out in the court rule expired. Canada's jurisdiction remains unproven according to its own rules. In this document she outlines the Onkwehonwe roots of demoracy, our declaration of inalienable powers, who we are, our position, the clans, our protocol, the Great Law, our international treaties, our land, who our representatives are and the rights of our people. Posted by MNN Mohawk Nation News [katenies20@yahoo.com and kahentinetha2@yahoo.com]
SUPERIOR COURT OF JUSTICE
PROVINCE OF ONTARIO
CITY OF CORNWALL
Katenies [aka Janet Davis]
v.
HER MAJESTY THE QUEEN
MOTION TO DISMISS
Information #C2202/03, and Court File #06-140
Dated: January 12, 2007
Prepared by: Prepared for:
Aroniakons Katenies a.k.a. Janet Davis
Rotiniaton (turtle clan) Rotiskare:wake (bear clan)
Kahentinetha
Rotiskare:wake (bear clan)
Women Title Holders
Kanion’ke:haka of the Rotinonhsonni’onwe
P.O. Box 418, Akwesasne
Via New York) 13655
TO JUSTICE PRESIDING:
Her Majesty Queen Elizabeth II
Buckingham Palace, London, SQ1A UK
Justice of the Peace Stewart
Superior Court of Justice
29 Second St. West, Cornwall, Ontario
Ronald J-L Turgeon
Crown Attorney
404 -132 Second St. East,
Cornwall Ontario K6H 1Y4
Brent Lafave, CBSA, Investigator
90 Akwesasne International Road
Akwesasne, Ontario K6H 5R7
Murray McDonald
Crown Attorney
404-132 Second St. East
Cornwall, Ontario K6H 1Y4
T. Donihee
Counsel for the Federal Crown
404 -132 Second St. East,
Cornwall Ontario K6H 1Y4
Lance Markell, District Director,
Northern Office – Customs, St. Laurent Blvd.,
Ottawa Ont. K1G 4K3
Jennifer Burke and Guy Simard /A
Office of the Crown Attorney
United Counties of Stormont,
Dundas & Glengarry
29 Second Street West
Cornwall, ON K6J 1G3
The Governor General of Canada
M. Michaelle Jean
1 Rideau Drive, Ottawa
Prime Minister Stephen Harper
House of Commons
Ottawa
Hon. Stockwell Day
Minister of Public Safety
House of Commons, Ottawa
Alain Jolicoeur
President, CBSA
Ottawa, ON K1A 0L8
Hon. Irwin Cotler
Justice Canada
284 Wellington St., SAT-6053
Ottawa, ON K1A 0H8
Daniel A. Bellemare
Justice Canada
284 Wellington St., SAT-6053
Ottawa, ON K1A 0H8
Hon. Robert Douglas Nicholson
Minister of Justice and
Attorney General of Canada
284 Wellington St.
Ottawa, ON K1A 0H8
Hon. Michael J. Bryant
Attorney General of Ontario
720 Bay St., 4th Floor
Toronto, ON M5G 2K1
Hon. Yvon Marcoux
Minister of Justice and A.G.O.
Louis-Phillipe-Pigeon Bldg.
1200 Rue d l'Eglise, 9th Floor
St. Foy G1V 4M1
Hon. Jim Prentice
Minister of Indian Affairs
10 Wellington St.
Hull, Que. K1A 0H4
Premier Dalton McGuinty
Province of Ontario
Queens Park, Toronto ON
Premier Charest
Province of Quebec, Legislature
Quebec City
British High Commission
80 Elgin St.
Ottawa, ON K1P 5K7
Canadian Human Rights Commission
344 Slater St., 8th Floor
Ottawa, ON K1A 1E1
United Nations
405 E 42nd Street
New York, NY 10017
Women Title Holders of the Kanion'ke:haka
c/o Box 991
Kahnawake of Mohawk Territory
J0L 1B0
Confederacy Rotiianer Alan McNaughton, Arnie General, Six Nations Secretariat Leroy Hill
RR #6
Hagersville, N0A 1H0
The Hague, Anna Paulownastraat
103, 251 BBC
The Netherlands
Coalition for the International Criminal Court
c/o WFM, 708 3rd Ave., 24th Floor
New York, NY 10017
The Question Presented
What is the legal basis for your claim to jurisdiction over us, and ownership of the land?
Table of Contents
Affected Parties .......................................................................................... i-ii
Question Presented ....................................................................................... iii
Motion to Dismiss ......................................................................................... 1
Incident Report .............................................................................................. 2
Indian Roots of American Democracy .......................................................... 4
Declaration of Inalienable Powers ................................................................ 9
The Rotinonhsonnion:we ............................................................................ 10
Position Statement ........................................................................................11
The Clans, Wampums 42, 43, 44, 45, 46 .................................................... 12
Rotinonhsonni'on:we Protocol .................................................................... 14
The Great Law ............................................................................................. 16
International Treaties ................................................................................... 17
Land ............................................................................................................. 19
People's Representatives ............................................................................. 20
Rights of the People, Wampums 93, 94, 95, 96, 23 .................................... 21
Summary...................................................................................................... 23
Conclusion.................................................................................................... 23
Signatures..................................................................................................... 24
Attachments: Law, Facts and Analysis served and filed into the record December 18, 2006, Information #C2202/03, Mohawk Manifesto Books I, II III. Mohawk Manifesto CD format.
MOTION TO DISMISS
(VIOLATION OF ANCIENT BIRTHRIGHT)
SUBJECT OF ANCIENT BIRTHRIGHT
The person of the Rotinonhsonni’onwe who is being charged by the Canada Customs Act with a violation of s.11(1), 153(c) & 153.1, asserts that the corporation of Canada and its agent, Canada Customs, have violated her Ancient Birthright.
The Rotinonhsonni’onwe assert that to deny its people the ability to conduct trade, commerce and travel throughout their territories according to their ancient practices and customs violates the Kaiahereh’ko;wa, also known as the Great Law of Peace, as well as the Constitution of the Iroquois. The Iroquois have always enforced our sovereignty that clearly states that each party will have jurisdiction over its own people regardless of whether an offense is alleged to have occurred.
The Superior Court of Justice of the province of Ontario in the City of Cornwall is respectfully requested to dismiss all charges and demands for appearance and to return the jurisdiction of this matter to the Mohawk Nation Territory and its Council.
The following is a brief history of the Rotinonhsonni’onwe of our Constitution along with a description of the laws being referred to in the above assertions. Our constitution is an important part of our culture and our daily actions are to always be in accordance with its principles and philosophies.
All of our responses to the alleged allegations by Canada and Ontario, including the underlying principles of our treaties, are based on the articles of our constitution.
INCIDENT REPORT
On November 24th 2006, I, Katenies, was on my way from the Quebec portion of Akwesasne to pick up my daughter on the Ontario portion of Akwesasne known as “Cornwall Island”. I have to go through the “New York State” portion of Akwesasne to go from so-called Quebec to Ontario. A two-minute ride takes me through five entities referred to as United States, Canada, Ontario, Quebec and New York State. We were going to Ottawa, about one hour's drive away, to deliver a complaint to the Canadian Human Rights Commission about a previous incident of border harassment against my daughter.
Three years prior, on November 13th 2003, a non-incident happened. I was driving through the same lane. I was waved through. Supposedly the alarm went off. I was arrested. Customs made a false report that I had “run the border”. I submitted all my paper work challenging their jurisdiction over me and my land and that their actions are null and void. I asked for the precedents and laws on how they gained their purported jurisdiction over me. It was my right to do so. They never answered me, violating their own laws.
I contend that according to Section 109 of the Canadian Constitution, Indigenous nations have “prior interests” before that of Canada and its provinces. According to Section 132 of the Constitution the only relationship is nation-to-nation unless there is a surrender. There never was a surrender. I told them they were “squatting” on our land.
On August 16, 2004 I filed a default Judgment by Retraxit to stop any more action because they did not answer my question on jurisdiction. In two days I was brought before a Justice of the Peace, federal court and court of appeals. Finally a trial date was set for September 2004.
Figuring they had not answered me, and I was given a choice to appear or not to appear, I continued to freely traverse my land. They met in secret and charged me with not appearing on September 22nd, 2004. They tried accuse me of showing “contemptuous behavior” and threatened to go ahead without me. They issued a warrant for my arrest. No date was set.
One year later on November 18th 2005 my daughter was accosted by five “boundary officers” at the Cornwall Island port.
On November 24th 2006 I was arrested while crossing the same port of entry. I was taken to Cornwall court to be arraigned. After spending the day in jail, a court appointed lawyer was sent to represent me. I had not asked for one. After the court was cleared, Brent Lafave, the Customs investigator, accused me of “being lawless”.
I explained that Canada follows laws that come from across the water [Britain] and that Onkwehonewe law, the Kaianereh’ko:wa/Great Law, is the law of Turtle Island. The judge determined that I had never been in trouble before and that there was no evidence that I would not show up again on December 18th 2006, my next court date in Cornwall. He agreed he had no jurisdiction and released me.
I was told to sign a release form. I refused to sign anything. After threats of being kept behind bars until a trial date, and giving them time to find new charges against me, I signed “under protest and duress”. I wrote on the form something to the effect, "I refuse to throw myself under your laws. I don't understand the laws you are applying to me on my land. I asked you how you got jurisdiction. You did not answer me in 20 days as you were supposed to in writing. The whole issue is null and void. You stuck your imaginary border right through the heart of my community”.
INDIAN ROOTS OF AMERICAN DEMOCRACY
SPECIAL CONSTITUTIONAL BICENTENNIAL EDITION 1988
Published by the North East Indian Quarterly
Edited with Introduction by Jose Barreiro
Text of “Land of the Free, Home of the Brave”
Land of the Free, Home of the Brave
Oren Lyons
The Honorable Oren, speaker for the Onondaga Nation, presented the following statement before the U.S. Senate Committee on Indian Affairs hearing on Senate Resolution (S. Con. 76) to recognize the Iroquois origins of the U.S. Constitution.
I have titled this discussion “The Land of the Free and the Home of the Brave”. I am going to discuss early history, prior to the coming of the white man to this continent. This time receives little attention in the history books of the country, but it was in these early times that the development of democratic processes came about on this land. I would like to give you our history – a very short history, of course – but it will deal with those times. So, I shall begin.
Upon the continent of North America, prior to the landfall of the white man, a great league of peace was formed, the inspiration of a prophet called the peacemaker. He was a spiritual being, fulfilling the mission of organizing warring nations into a confederation under the Great Law of peace. The principles of the laws are peace, equity, justice and the power of the good minds.
With the help and support of a like minded man called Aionwatha, whom some people now call Hiawatha, an Onondaga by birth and a Mohawk by adoption, he set about the great work of establishing a union of peace under the immutable natural laws of the universe. He came to our Iroquois lands in our darkest hour, when the good message of how t live had been cast aside and naked power ruled, fueled by vengeance and blood and lust. A great war of attrition engulfed the lands, and women and children cowered in fear of their own men. The leaders were fierce and merciless. They were fighting in a blind rage. Nations, homes, and families were destroyed, and the people were scattered. It was a dismal world of dark disasters where there seemed to be no hope. It was raging proof of what inhumanity man is capable of when the laws and principles of life are thrown away.
The Peacemaker came to our lands, bringing the message of peace, supported by Aionwatha. He began the great work of healing the twisted minds of men. This is a long history, too long to recount today in this forum. Suffice it to say it is a great epic that culminated on the shores of the lake now called Onondaga where, after many years of hard work – some say perhaps even 100 years – he gathered the leaders, who had now become transformed into rational human beings, into a Grand Council, and he began the instructions of how the Great Law of peace would work.
The Peacemaker set up the families into clans, and then he set up the leaders of the clans. He established that the league of peace would be matriarchal and that each clan would have a clanmother. Thus, he established in law the equal rights of women.
He raised the leaders of each clan – two men, one the principal leader and the second his partner. They worked together for the good of the people. He called these two men royaner, or the good minds, the peacemakers, and they were to represent the clans in council. Thus, he established the principles of representation of people in government.
Henceforth, he said these men will be chosen by the clanmother, freely using her insight and wisdom. Her voice must first be ratified by full consensus of the Chiefs’ Council of their nation. Then her choice must be ratified and given over to the Council of Chiefs who then call the Grand Council of the Great League of Peace, and they will gather at the nation that is raising the leader, and they would work together in ceremony.
He made two houses in each nation. One he called Long House and the other he called the Mud House. They would work together in ceremony and council establishing the inner source of vitality and dynamics necessary for community
He made two houses in the Grand Council, one called the Younger Brothers, consisting of the Oneida and the Cayuga Nations and later enlarging to include the Tuscarora. The other was the Elder Brothers, consisting of the Mohawks with the title Keepers of the Eastern Door, the Onondaga, whom he made the Firekeepers, and the Senecas, who were the Keepers of the Western Door. Now, he made the house, and the rafters of the house were the laws that he laid down, and he called us Haudenosaunee, the people of the Long house.
Now that the candidate for the clan title is brought for the Grand Council and will be judged on his merits, and they have the right of veto if they agree, then we may take his place in Grand Council. But before that, he is turned back to the people, and they ask if they can show a reason why this man should not be a leader and hold title. Thus, the process is full circle back to the people.
Thus, the Peacemaker established the process of raising leaders for governance and, by this process, a leader cannot be self-proclaimed. He is given his title and his duties, and his authority is derived from the people, and the people have the right to remove him for malfeasance of office.
He established the power of recall in the clanmother, and it is her duty to speak to him if he is receiving complaints from the people concerning his conduct. The clanmother shall speak to him three times, giving sufficient time between warnings for him to change his ways. She shall have a witness each time. The first will be her niece, in other words, a woman. The second shall be the partner of the chief in council or the principal leader, as the case may be. and the third and final warning comes with a man who holds no title, and he is coming for the chief’s wampum and for the chief’s emblem of authority, the antlers of a deer. Thus he established the power of recall vested in the people.
The leader must be free from any crime against woman or child. He cannot have killed anybody and cannot have blood on his hands. He must believe in the ways of the Long House. His heart must yearn for the welfare of the people. He must have great compassion for his people. He must have great tolerance, and his skin must be seven spans thick o withstand the accusations, slander and insults of the people as he goes about his duties for the people. He has no authority but what the people give him in respect. He has no force of arms to demand the people obey his orders. He shall lead by example, and his family shall not influence his judgment. He carried his title for life or until he is relived of it by bad conduct or ill health. He now belongs to the people.
At the first council, there were 50 original leaders, and their names became offices to be filled by each succeeding generation. So, it continues up top this very day. The Great Peacemaker had established a government of absolute democracy, the constitution of the Great Law intertwined with the spiritual law.
We then became a nation of laws. The people came of their own free will to participate in the decision making of the national council and the Grand Council. Thus, the peacemaker instilled in the nations the inherent rights of the individual with the process to protect and exercise these rights.
Sovereignty then began with the individual, and all people were recognized to be free, from the very youngest to the eldest. It was recognized and provided for in the Great Law of peace that the liberty and equality demanded great moral fortitude, and it was the nature of free man to defend freedom.
Thus, freedom beget freedom, and great societies of peace prevailed, guided by the leaders, the good minds. The men were restrained by moral conduct, and the family with the woman at its heart was the center of Indian societies and nations.
Now, the Peacemaker said the symbol of the Haudenosaunee shall be the great white pine with four white roots of truth extending to the four cardinal directions, and those people who have no place to go shall follow these roots back to the free seek shelter under the long leaves of the white pine that we shall call the great tree of peace. I shall place an eagle atop the tree to be ever vigilant against those who shall harm this tree, and the eagle shall scream his warnings to our chiefs whose duty it is to nurture and protect this tree.
Now that this is done, the chiefs, clanmothers and faith keepers being raised and the Great Law being firmly established in place, he said, “I now uproot this tree and command you to throw all of your weapons of war into this chasm to be carried by the undercurrent of water to the furthest depths of the earth, and now I place this tree back over this chasm, throwing away forever war between us and peace shall prevail”.
This is what prevailed upon this great turtle Island at the first landfall of the white man. They found here in full flower, free nations guided by democratic principles, all under the authority of the natural law, the ultimate spiritual law of the universe. This was then the land of the free and the home of the brave.
Sovereigns and sovereignty as understood by the Europeans related to the power of kings and queens, of royalty to rule men as they saw fit, to enslave human beings and control in total the lives and property of their subjects. Strange indeed it must have been for these immigrants to find a land with nothing but free people and free nations. The impact has reverberated down through history to this time. As Felix Cohen put it, “the Indian people had Americanized the white man”.
The first treaty between the Indians and the white man took place at Skanect Dah De, the place where the pines begin – it is now called Albany, New York – in 1613 or thereabouts. It was a treaty that was the grandfather of all treaties, and it was called the Guswenta or the Two Row Wampum.
That Treaty established our equal rights in this land and our separate and equal coexistence on this land between our peoples, the canoe of the Indian and the boat of the white man going down the river of the live in peace and friendship forever. The last three principles were memorialized in the great silver covenant chain with the three binding us together forever, peace and friendship forever. As along as the grass grow green, and as along as the sun rises in the east and sets in the west shall we hold this treaty.
It is this treaty that I brought today. It is this belt I speak of. This is our canoe, the Indian people, their government and their religions. This is our brother the white man’s boat, his religions, his government and his people. Together, side by side, we go down the river of life in peace and friendship and mutual coexistence. As you note, we never come together. We are equal.
Benjamin Franklin observed these differences in government in 1770, “the care and labor of providing for artificial and fashionable wants, the sight of so many rich wallowing in superfluous plenty, whereby so many are kept poor and distressed for want, the insolence of office, and the restraints of custom all contrive to disgust the Indians with what we call civil society.”
So, we now come to the process of this transference of democratic ideas and ideals from the Indian to the white man. It was a process of associations, of years of meeting, discussion, wars and peace. Treaties became a process of relationships. Early America was steeped in Indian lore and social and political associations.
There were longstanding interrelationships between the colonies and the Indian nations that surrounded them. It was our grandfathers who took your grandfathers by the hand at the Treaty of Lancaster in 1774 and urged them to form a union such as ours o that they may prosper. It was Benjamin Franklin who took notes at that treaty and became inspired to such a union.
It was your grandfathers who said to our chiefs at German Flats in 1775 that they would now take our advice and form such a union and plant a tree of peace in Philadelphia where all could seek shelter.
Finally, it was our chiefs and leaders who first acknowledged you as a new and separate nation, independent and free, with these words, “Brothers, the whole Six nations take this opportunity to thank you that you have acquainted us with your determination so public a manner and we shall for the future consider you as thirteen independent states”.
And they gave a white belt, a row of wampum, to commemorate this great occasion. This recognition was stated Friday, August 9, 1776, at the German Flats Treaty.
This was the culmination of the long history and association with the Haudenosaunee and the immigrants who became Americans. Your people went on to develop the Constitution of the United States encompassing the symbols of our constitution, the bundle of arrows, symbolizing the new thirteen states, the leaves of the pine tree, and the eagle that we place upon the tree of peace. This and more we share as common history.
Brothers, we now turn our faces towards the future and continue to wish you well in your endeavors as a nation. Perhaps it would be well for you to look back again at our principles of peace, justice and quality, to grasp firmly our hand in recognition of our long association and heed the treaties that we made so long ago that these treaties may continue to thrive for our association as government to government.
With that statement, I close the message from the haudenosaunee, and I think you very much for your kind attention.
Declaration of Inalienable Powers
Article I: It is to remind the people of the United States and Canada and their agencies that we the Rotinonhsonni’onwe (people of the Longhouse ways forever) who have since time immemorial, been governed by the principles and philosophies instilled within the Kaianereh’ko:wa (Great Law of peace).
Article II: It is to remind the people of the United States and Canada and their agencies that we the Kanion’ko:haka (people of the flint) also known as the Mohawk are Rotinonhsonni’onwe and are of the Confederacy known also to the people of the United and Canada and their agencies as the Six Nations. We shall continue our ancient traditions of Hunting, Fishing, Trapping and Gathering for personal and economic development which includes transport and trade, which is vital to insure the continued existence of our people and our future generations.
Article III: It is to remind the people of the United States and Canada and their agencies the agreements that were made between our people who are the Rotinonhsonni’onwe and our allies, and the people of the United States and Canada, that the people of the Six nations shall continue our traditional way of life and to go undisturbed for all time to come.
The Guswentah or Tekeni Teiohate also known as the Two Row Wampum. Est. 1613
This belt symbolizes the agreement and conditions under which the Rotinonhsonni’onwe welcomed the white peoples to this land. “You say that you are our father and I am your son”. We say, “We will not be like Father and Son, but like Brothers”. This wampum belt confirms our words. These two rows will symbolize two paths or two vessels, traveling down the same river together. One, a birch bark canoe, will be for the Onkwehonwe People, our laws, our customs and our ways. Yours shall be a vessel which shall contain all your laws, customs and ways. We shall each travel the river together, side by side, but you shall remain in our own boat. Neither of us will make compulsory laws or interfere in the internal affairs of the other. Neither of us will try to steer the other’s vessel as long as there is Mother Earth and this will be everlasting.
Laws of the Kaianereh’ko:wa (Great Law of Peace); also known as the Constitution of the Iroquois.
Wampum 99: The rites and festivals of each nation shall remain undisturbed and continue as before, because they were given by the people of old times as useful and necessary for the good of men.
Wampum 92: “If a nation, part of a nation or more than one nation should endeavor to destroy the great peace by neglect or in violation of its own laws and resolve to dissolve the confederacy such a nation or nations or part of a nation shall be deemed an enemy of the Great Peace.
THE ROTINONHSONNI’ONWE
THE ROTINONHSONNION:WE: In the Mohawk language means “The people of the Longhouse ways forever”.
The Rotinonhsonni’onwe is a confederacy of independent sovereign nations of the Western Hemisphere, on the continent known as Turtle Island to us, and as North America to the non-Onkwehonwe. We refer to our race as Onkwehonwe. It means “human beings forever”. We are among the first Nations of this continent. We are the Kanienkehaka (Mohawk), Oneniotehaka (Oneida), Onontakehaka (Onondaga), Kweionkohaka (Cayuga), Tsionontowanehaka (Seneca), Tehatiskaroens (Tuscaroroas) Nations.
Originally, we were comprised of five nations until 1713 when we adopted into the confederacy the Tuscaroras. We have any friends and allies from other sovereign nations including but not limited to the Shinnecock and Unkechung.
We are alternately known as Haudenosaunee, Rotinonhsonni’onwe, the Five Nations, League of Five Nations, Six Nations, the Iroquois and the Iroquois Six Nations Confederacy. Our original territory is extensive and includes all or parts of what is today known as New York, Vermont, Pennsylvania, Ohio, Quebec, Ontario, as well as other areas of Turtle Island.
POSITION STATEMENT
“Among the Five Nations and their descendants there shall be the following Clans: Bear, Eel, Snipe, Beaver, Hawk, Turtle, Deer, Heron, Wolf. These Clans distributed through their respective nations shall be the sole owners and holders of the soil of the country and in them is vested, as a birthright”. (Wampum #42, title of clans, Kaianereh’ko:wa “Great Law of Peace”).
The women are considered the progenitors of the Nation and they possess the duty of passing on the Clan to their children. The lineal descent of the people shall run in the female line and those women who shall be chosen to select the Rotiyaner (he follows the path) also referred to by the non-Onkwehonwe as Chiefs of their respective nations shall be known as the Otiyaner (good path maker) also referred to as Clan Mothers.
As a member of my respected nation, the Kanion’ke:haka (People of the Flint) also known as the Mohawk Nation who are of the Rotinonhsonni’onwe (People of the Longhouse ways forever) who are of the Six Nations Iroquois Confederacy, I, Katenies, also known as Janet Davis, assert my birthright under articles 42, 43, 44, 45 and 46 of the Kaianereh’ko:wa (the great good) also known as the Great Law of peace or the Constitution of the Iroquois. Any attempt by any foreign or domestic agencies or their departments to deny me this birthright is in complete violation of the Kaianereh’ko:wa and the Guswentah, also known as the Two Row Wampum Agreement.
A right may exist because of its recognition from time immemorial. A wrong is committed when a right is violated. It may be committed by the denial of a right or by refusal to perform an obligations which is considered a right.
THE CLANS
WAMPUM #42
TITLE OF CLANS
Among the Five Nations and their descendants there shall be the following Clans:
Bear, Eel, Snipe, Beaver, Hawk, Turtle, Deer, Heron, Wolf.
These Clans distributed through their respected nations shall be the sole owners and holders of the soil of the country and in them is vested, as a birthright.
Note: There are clans other than these among the 5 Nations. The Europeans, not being members of any of these Clans, have no right to own any land in this part of the world.
WAMPUM #43
MEMBERS OF THE SAME CLAN IN OTHER NATIONS
People of the Five Nations who are members of a certain clan shall recognize every member of the Clan no matter what Nation, as relatives. Men and women, therefore, who are members of the same Clan are forbidden to marry.
WAMPUM #44
LINEAL DESCENT OF THE PEOPLE RUNS IN THE FEMALE LINE
The lineal descent of the people of the Five Nations shall run in the female line. Women shall be considered the progenitors of the nation. They shall own the land and the soil. Men and women shall follow the status of their mothers.
WAMPUM #45
THE CLAN MOTHERS, WOMEN TITLE HOLDERS
The women heirs of the chieftainship titles of the League shall be called Oyaner or Otiyaner for all time to come.
Note: The Clan Mothers shall be called Oyaner. Oyaner is derived from the word Oyana meaning “path”. Oyaner is the female “good path maker”. Otiyaner is in the plural. Royaner means “He makes a good path for the people to follow”. Rotiyaner is in the plural.
WAMPUM #46
CLAN MOTHERS ARE KEEPERS OF THE AUTHORIZED NAMES
The women of the 48 (now 50) noble families shall be the heirs of the authorized names for all time to come.
When an infant of the Five Nations is given an Authorized Name at the Midwinter Festival or at the Green Corn and Strawberry and Harvest Festivals, one in the cousinhood of which the infant is a member shall be appointed a speaker. He shall announce to the opposite cousinhood the names of the father and mother of the child together with the clan of the mother. Then the speaker shall announce the child’s name twice. The uncle of the child shall then take the child in his arms and walking up and down the room shall sing, “My head is firm; I am of the League”. As he sings, the opposite cousinhood shall respond by chanting; “Hyen, Hyen, Hyen, Hyen…”, until the song is ended.
Note: The “cousinhood” is the other Clan. The purpose of announcing the Clan of the mother is to point out the Clan of the child. A child is born a Mohawk, Oneida, Onondaga, etc., but when he is named in the Great Law ceremony, the child becomes an Iroquois or Rotinonhsonni’onwe. He is a Mohawk by blood and can Iroquois by law, for Kaianereh’ko:wa is also known as the Great Law, is the Constitution of the Rotinonhsonni’onwe or the Iroquois Confederacy. By the same token, if an individual or a whole nation leaves the Iroquois Confederacy and in time realizes their great error and decide to be reinstated, they would be required to go through the naming Ceremony or in their case, a re-naming ceremony and hold the Pledge Wampum and re-accept the Great Law and this act could be called the Iroquois Pledge of Allegiance.
ROTINONHSONNI’ONWE PROTOCOL
THE FIRST THREE STRINGS OF WAMPUM
DATE: January 16, 2007 FOR: CANADA PROVINCE OF ONTARIO
Sekon (Greetings)
The oldest protocol of our people is to open every gathering of the people, whether it be spiritual, council, social event or any important proceeding, with an opening called the Ohenten kari’ watehkwen. It means the words that go before all else. This ritual is a thanksgiving to all the sustainers of life, to the Powers of Creation, and ends with a request that all the people present become as one peaceful mind. This ritual is in common use today by traditional minded Rotinonhsonni’onwe and is mentioned the Kaianereh’ko:wa, the Great Law of peace or the Constitution of the Iroquois, Article #7.
Another protocol of the Rotinonhsonni’onwe that came into use after the formation of the League is to recite The First Three Strings of Wampum from the Condolence or Installation Ceremony. (Kaiahereh’ko:wa: Article #28). This ritual is sometimes referred to as a “Small Condolence”. It was usually conducted whenever our people met after a long absence, when we met new people or an important event was to take place that required all parties be of a mind that is both clear and at peace. To accomplish this, the following words are used:
Are our eyes filled with tears caused by the loss of some of our people since the last time we met? Are our ears packed with dust, impaired our hearing by loss of a loved one? Are we unable to speak freely because there is dust caught in our throats because of the loss of a loved one?
Wampum String #1: If there are tears in our eyes, we now reach to the forests and symbolically retrieve the softest skin of the fawn. We now use this soft cloth to cleanse your eyes and wipe away your tears so that you may see, the Rotinonhsonni’onwe, and all of Creation, clearly once again.
Wampum String #2: If your hearing is difficult, we now cleanse from your ears the dust of grief. We now reach for the sky and retrieve a soft feather. We now use this soft feather to clean your ears so that you may hear our voices and sounds of Creation clearly once again.
Wampum String #3: If it is difficult to speak, we now symbolically retrieve water from the purest underground streams deep in our Earth Mother. We give you this pure water, this medicine water of life so that you may drink it, as you drink, the water will cleanse your throat and wash away the feeling of sadness. This will permit you to speak clearly again.
To more clearly understand the symbolism and the basis for these words and gestures, one must go back to the time when the family Kahwatsire (family) or Clan was the center of our existence. Death was seen a dreadful force that came so suddenly and left so swiftly. Each log in a fire symbolized a family member. Death was seen as a force that took a log out of the fire (Kahwatsire) so violently that the other logs were greatly disturbed and threw up such a cloud of ashes that the dust settled in the remaining family members’ eyes, ears and throat. This is what makes it difficult to see, hear and speak after the loss of a loved one.
This symbolism was seen as being so important in our human relationship with each other, that our ancestors adopted this symbolic ritual to be used whenever our people after long absences, new people were greeted, or when proceedings are so important that a clear mind is required.
Although this ritual is not in such common use today, as Ohenton kari watehkwen, we consider the following legal proceedings to be important that we are honoring you with the courtesy of our tradition. A similar gesture was given in the House of Commons in Ottawa, Ontario, Canada in 1987 before the Standing Committee on Aboriginal Affairs and Northern Development.
Please do not misinterpret this symbolic ritual. It is not so much about death or even grief. It is more about compassion and a profound understanding about the nature of the human mind, and a desire to restore clarity and a state of peacefulness to it.
THE GREAT LAW
THE GREAT LAW: We, the Rotinonhsonni’onwe, have a constitution in the Mohawk language known as Kaianereh’ko:wa, also known as the Great Law of peace or the Constitution of the Iroquois. The Great Law was brought to our people by a man from the Huron Nation, whose name is Dekanawida (two rows of teeth) about one thousand years ago. We sometimes refer to him as the peacemaker. It is a constitution based upon peace, natural righteousness and power. This law provides us, among other important things, with a procedure on how to govern ourselves, how our representatives, both male and female, are selected, their duties and responsibilities and the rights, duties, and responsibilities of the people. It also instructs us on how to resolve disputes internally and externally with foreign nations.
The purpose of the Great Law is to ensure peace to all the people of the Rotinonhsonni’onwe for all time to come, to provide governance that is right and just, and to ensure that all the people of the nations have a voice and place in the government. A further purpose is to bring lasting peace to all the nations of the earth by spreading the message of peace, friendship, unity and justice.
Originally, the articles of law existed only in the form of wampum strings which were memorized and recited by especially trained speakers. Today, they are written in at least four languages, Mohawk, Onondaga, Seneca and English. There is no reason why anyone who is interested in or affected by the Great Law cannot be knowledgeable and well versed in our law.
INTERNATIONAL TREATIES
TREATY MAKING POWERS: The Rotinonhsonni’onwe have had treaty making powers with foreign Onkwehonwe nations for centuries, before the coming of the Europeans to our shores. The “Guswentha” or ”Tekeni Teiohate” was the name given by the Rotinonhsonni’onwe to the type of treaty that our people entered into with foreign nations. It is an old concept and “Tekeni Teiohate” literally means “Two roads”. The treaty is called “Two Row” or “Two Row Wampum” in English because the treaty is based on two separate sovereigns and is recorded on a belt made of wampum shells.
The first Rotinonhsonni’onwe treaty with a European nation was with Holland around 1606. It is a treaty of “Peace and Friendship” and also considered a “Trade and Commerce” treaty because it enabled the Dutch to trade freely in and around Rotinonhsonni’onwe Territory without fear of interference or aggression. The Rotinonhsonni’onwe made similar treaties with Great Britain, France, the Thirteen Colonies, and eventually the United States of America. Sometimes these treaties are referred to as the “Covenant Chain” or “Silver Covenant Chain”.
The treaty uses the symbolism of a canoe and a sailing vessel traveling side by side on the river of life. Each boat symbolically contains their people, language, form of government, laws, culture, traditions and spiritual (or religious) ceremonies. All of these things remain in our respective vessels and do not cross over and interfere with each other.
This is a very valuable concept for both parties to the treaty since it preserves each other’s sovereignty, traditional form of government and all other aspects that makes one a distinct, free and independent society. The only restriction, freely agreed upon by both parties, is that one will not interfere with or make war with the other, forever.
Another important feature of the Two Row is the “comity” form of jurisdiction. In order to avert the possibility of future discord, in case of a criminal act allegedly committed by individual(s) from one nation to individual(s) of the other, each party agreed to turn over the alleged guilty party to their own nation for trial and appropriate punishment. This was done to prevent future conflicts in the event that one nation felt that the punishment imposed on its citizens by a foreign government was inappropriate, excessive or unfair.
An easy way to understand this concept is to picture two young children who are friends. One day they get into an argument and the first child strikes the other with a rock and injures him. The second child runs home to his/her parents and tells them what happened. If those parents take it upon themselves to punish the first child, they risk starting a family feud that can last for a long time. However, if those same parents decide, instead, to complain to the other child’s parents and leave them with the task of disciplining their own child, the parents can continue to remain friendly with each other.
Our ancestors wisely chose the second course of action and applied this principle on a nation to nation basis. They put this principle into every treaty that they freely entered into with all foreign nations.
The Dutch, British, French empires accepted this concept and the United States implemented this principle in the 1794 Canadaigua Treaty, Article VII which is a confirmation of the “Two Row Wampum”, already entered into by George Washington, President of the United States. As recently as 1974 President Gerald Ford appointed Forrest Gerard to work with the Rotinonhsonni’onwe on a complaint of a shooting incident in the community of Ganienkeh on Kanion’ke:haka territory. The Rotiianer of the Rotinonhsonni’onwe conducted our investigation into the charges as per treaty requirements.
Another important principle of the “Two Row” is that each citizen, of our respective nation, is encouraged to stay completely in our respective “vessel or canoe” in order that we don’t suddenly find themselves with “one foot in the canoe and the other foot in the vessel. We may very well find ourselves stranded or perish should a storm suddenly arise and the vessels separate away from each other.
A further meaning of this is that it may be tempting to desire something in the other’s vessel or to attempt to have the best of two worlds. In the long haul, it’s more prudent to accept one way of life over the other and to abide by it faithfully.
The above principle also applied to jurisdiction. Our Rotiianer, as well as ourselves, can only follow one jurisdiction, one law, and for the true Rotinonhsonni’onwe that is our Law, the Great Law. To try to have one foot within Rotinonhsonni’onwe jurisdiction and the other with Canadian or Ontario jurisdiction can subject our nations to great peril, the possible loss of our sovereignty and may unnecessarily cause harm to our future generation.
The Great Law embodies the principles of the Two Row Wampum in the following articles:
Kaianereh’ko:wa – Article #78: whenever a foreign nation enters the League or accepts the Great peace, the Rotinonhsonni’onwe and the foreign nation shall enter into an agreement and compact by which the foreign nation shall endeavor to persuade other nations to accept the Great Peace. Kaianereh’ko:wa – Article #83: When peace shall have been established by the termination of the war against a foreign nation, the shall the Great Peace come. Kaianereh’ko:wa – Article #84: Whenever a foreign nation has been conquered or by their own will accepted the Great Peace, their own system of internal government may continue, but they must cease all warfare against other nations. Note: Since the foreign nation’s internal government is kept intact, this implies that all other aspects of that nation’s society remain as before such as: territory, language, laws, jurisdiction, culture, traditions and spiritual (or religious) ceremonies. A further protection of spiritual ceremonies is found in the Great Law. Kaianereh’ko:wa – Article #87: When the war of the Rotinonhsonni’onwe on a foreign nation is ended, peace shall be restored to that nation. When all the terms of peace have been agreed upon, a state of friendship shall have been established. Note: After the war, the former enemies shall become friends. Kaianereh’ko:wa – Article #97: Before the Onkwehonwe united their nations, each nation had its own Council Fire. Before the Great peace, their councils were held. The Council Fires shall continue to burn as before and they are not quenched. Kaianereh’ko:wa – Article #99: The rites and festivals of each nation shall remain undisturbed and continue as before, because they ere given by the people of old times as useful and necessary for the good of men.
LAND
Historically, the territory of the Rotinonhsonni’onwe extended to the Richelieu Valley, Lake Champlain region of present day Quebec and Vermont, west to the Ohio Valley and the southwestern peninsula of present-day Ontario; and from the region along the north side of Lake Ontario and the St. Lawrence River Valley, south to the Allegheny region of present day Pennsylvania.
Historically, the Rotinonhsonni’onwe extended its power over a vast area from James Bay to the present-day Carolinas, and from the Mississippi River valley to the Atlantic seaboard. Throughout its entire history of contact with the Europeans down to the twenty-first century the Rotinonhsonni’onwe have always declared itself to be independent of, and not subject to, other nations and their laws. The Rotinonhsonni’onwe have never sold or given up the underlying title to this land.
Kaianereh’ko:wa – Article #56: Five strings of shells tied together shall represent the Five Nations. Each string shall represent one territory and the whole a completely united territory known as the Five Nations (Rotinonhsonni’onwe ) Territory.
Kaianereh’ko:wa – Article #57: Five arrows shall be bound together very strong and shall represent one Nations each. As the five arrows are strongly bound, this shall symbolize the complete union of the nations. thus are the Five Nations (Rotinonhsonni’onwe) completely united and enfolded together, united into one head, one body and one mind. They, therefore, shall labor, legislate and council together for the interest of future generations.
Kaianereh’ko:wa – Article #72: The soil of the earth from one end to the other is the property of the original people who still inhabit it. By birthright, Onkwehonwe (human beings forever) are the owners of the soil, which they own and occupy and no other may hold it. The same law has been held from the oldest times.
The constitution of the Rotinonhsonni’onwe addresses the old issue of land ownership and trespass. The Great law brought the Rotinonhsonni’onwe together as one united people and brought all the territories together as one, so that no more wars would be fought over hunting grounds or planting grounds.
An invitation was sent out and all people of the Confederacy were welcomed. Each of the Six Nations of the Rotinonhsonni’onwe were named and that the Great Law would prevail.
PEOPLE’S REPRESENTATIVES
PEOPLE’S REPRESENTATIVES: We, the people of each Nation, have the constitutional authority to participate in the selection of our national male representatives. Our national female representatives and women nominate them and the men either approve them or nominate their own candidates and a prescribed process takes place until they are legally installed. We can correct any departure, on their part, from our laws and through our Head Warrior, we can warn them to return to the proper implementation of their duties. If necessary, we can remove them from their official duties for malfeasance of office.
ROIANER/OTIIANER: The Mohawk word for our National and Rotinonhsonni’onwe male representatives is Roianer in the singular and Rotiianer or a variation Rotiianeson in the plural. Roianer means ‘he who is given the path to follow” which means that that the path is already set by the Great Law and he follows that path. The term ”Chief” is inaccurate and misleading as is the term “leader” as the Rotiianer do not “lead” the people according to their own will but only according to the Great Law.
OIANER/OTIIANER: the Mohawk word for our National and Rotinonhsonni’onwe female representative is Oianer in the singular and Otianer in the plural. The meaning is the same as the Roianer/Rotiianer except that it is the female genre. Our female representatives are also referred to as Clan Mothers and are the holders of the Rotiianer titles.
AHSAREKOWA: the Mohawk word for Head Warrior or War Chief is Ahsarekowa. The term Head Warrior is more appropriate to the nature of his duties, as he is the mediator between the people and the Rotiianer as well as the Otiianer and the Rotiianer. His role is just as important to the functions of our government and society during times of peace as is his role during stressful time such as war.
RIGHTS OF THE PEOPLE
WAMPUM #93
Referendum
The people decide on the most important matters
Whenever an especially important matter or a great emergency is presented before League Council and the nature of the matter effects the entire body of Five Nations, threatening their utter ruin, then the chiefs of the League must submit the matter to the decision of their people and the decision of the people shall affect the decision of the League Council. This decision shall be a confirmation of the voice of the people.
Note: When the referendum (decision by the people) was first practiced.
WAMPUM #94
THE MEN OF EVERY CLAN SHALL HOLD A COUNCIL OF THE CLAN AND THEIR DECISION SHALL BE CONSDERED BY THE COUNCIL OF CHIEFS
The men of every Clan of the Five Nations shall have a Council Fire ever burning in readiness for a Council of the clan. When it seem necessary for the interest of the people, for a council to be held to discuss the welfare of the Clan, then the men may gather about the fire. This Council shall have the same rights as the Council of Women
WAMPUM #95
THE COUNCIL FIRES OF THE WOMEN OF EVERY CLAN HAVE THE SAME RIGHTS AS THE COUNCIL OF THE MEN
The women of every Clan of the Five Nations shall have a Council Fire ever burning in readiness for a council of the Clan. When in their opinion it seem necessary for the interest of the people, they shall hold a council, and their decision and recommendation shall be introduced before the Council of Chiefs by the War Chief for its consideration.
THE RIGHTS OF THE PEOPLE OF THE NATION OR CONFEDERACY OF NATIONS
KAIANEREH’KO:WA – Article #96: All the Clan Council Fires of a Nation or of the Confederacy of Nations may unite into one general Council Fire, or delegates from all the Council Fires may be appointed to unite in a general Council for discussing the interest of the people. The people shall have the right to make appointments and to delegate their power to others of their number. When their council shall have come to a conclusion on any matter, their decision shall be reported to the council of the nation or the league Council (as the case may require) by the head Warrior or head Warriors.
Note: The League Council is also known as the Grand Council. When the people of the Rotinonhsonni’onwe hold a general council, the Grand Council has to go along with the decision as the Confederacy is a people’s government.
WAMPUM STRINGS
Article #23: When it is necessary to dispatch a shell string by Messenger as a token of summons … any of the Rotinonhsonni’onwe may use shells or wampum as the record of a pledge, contract or agreement entered into and the same shall be binding as soon as shell strings have been exchanged by both parties. The above articles confirm that the people of the Rotinonhsonni’onwe have both an inherent right and a constitutional right to assemble at any time or place within our territory, without the necessity of seeking permission from any nation, Councilor or authority other than the Great Law itself.
THE NATIONAL COUNCIL IS THE PROPER PLACE TO ADJUDICATE THIS ISSUE. THEREFORE THIS COURT IS RESPECTFULLY REQUEST TO DISMISS ALL CHARGES AND RETURN THIS ALLEGATION TO THE KANION’KE:HAKA COUNCIL FIRE. AS WELL A REVIEW OF THIS CASE SHALL BE SUBMITTED TO THE GRAND COUNCIL IN ORDER THAT ALL NATIONS MAY BE ABLE TO OBSERVE ITS FINDINGS.
SUBMITTED TO: THE ONTARIO COURT, PROVINCIAL DIVISION, 29 SECOND ST. WEST, CORNWALL ONTARIO CANADA ON Kanion’ke:haka Land.
I asked you a valid and reasonable question. How did your court get jurisdiction over me and my land? Show me your proof in writing. I have a right to receive an answer. I am not a citizen of Canada. Our relationship is governed by international law. You must deal with me through your head of state, not through your court or law enforcement agents.
Because you have placed yourselves illegally in the midst of my community, you are interfering with my right to freely traverse my territory.
You have set a date for me to appear in your court on December 18th 2006 and a trial for August 10, 2007 in Alexandria “to deal with the outstanding charges”. Before any of this can be undertaken, you must prove your jurisdiction over me or my land. I placed this question before your court. This imaginary line does not pertain to me. There is no need for charges or a trial.
On December 18th 2006 I spoke for myself before your court in full view of thirteen people.
The Jay Treaty of 1794 is between two colonial entities, the U.S. and Great Britain. This line was meant for your subjects only. As the Jay Treaty is a third party agreement, it is not binding on Onkwehonwe. You cannot interfere with our pre-contact right to conduct trade, commerce and travel anywhere in the Western Hemisphere. Traveling around on our homeland is a birthright, not a privilege.
We can only meet with your head of your state to clear up this misunderstanding.
Attached is the Information I filed on this case on December 18th 2006. It contains the Facts, the Law and the Analysis of this case. Also attached and filed into No. C2202/03 and Court no. 06-140, formal recorded evidence of U.S.S.C. 05-165 and File #A-363-05 Federal Court of Appeal of Canada contained in the Mohawk Manifesto, bound and labeled Book I, II, III, and in CD word document format.
CONCLUSION
THE ROTINONHSONNI’ONWE ARE SOVEREIGN ONKWEHONWE NATIONS OF TURTLE ISLAND, ALSO REFERRED TO AS NORTH AMERICA. WE ARE AS MUCH A PART OF CREATION AS THE REST OF THE NATURAL WORLD THAT HAS BEEN CREATED. WE ARE CREATED AS FREE AND INDEPENDENT THINKERS. WE DEVISED A LAW AND A WAY OF LIFE THAT IS NATURAL AND ADDRSSES THE TRUE NATURE OF HUMAN BEINGS.
WHEN HUMAN BEINGS FROM FAR AWAY CAME AMONG US, WE DID NOT TRY TO RULE OVER THEM, BUT ENETED INTO MUTUALLY AGREEABLE TREATIES OF PEACE AND FRIENDSHIP WITH THEM. WE AGREED TO RESPECT EACH OTHER AS BROTHERS AND NOT TO INTERFERE WITH ONE ANOTHER.
WE HAVE KEPT OUR SIDE OF THE BARGAIN. NOW WE EXPECT YOU TO KEEP YOURS. IF YOU NOW SAY THAT OUR ORIGINAL AGREEMENT NO LONGER SUITS YOU, THEN YOU ARE MISINFORMED AND IN ERROR BECAUSE OUR AGREEMENT WAS MADE TO LAST “FOREVER”. YOU HAVE BENEFITED IMMENSELY FROM OUR AGREEMENT.
IF YOU SAY THAT YOUR GOVERNMENT HAS MADE OTHER ARRANGEMENTS AND HAS GIVEN HER MAJESTY THE QUEEN AND THE PROVINCE OF ONTARIO JURISDICTION IN THESE MATTERS, THEN THAT IS A VIOLATION OF A SOLEMN TREATY ENTERED INTO BETWEEN OUR NATIONS AND IN TURN VIOLATES INTERNATIONAL LAW.
THIS MATTER IS CLEARLY A POLITICAL MATTER AND FOR ALL THE REASONS STATED ABOVE THE ALLEGED CHARGES SHOULD BE DISMISSED.
Signed on this ____ day of January 2007 on Kanion’ke:haka territory,
Katenies [aka Janet Davis] _______________
Woman title Holder of the Kanion’ke:haka of the Rotinonhsonni’onwe – according to Wampum 44 of our law, the Kaiahereh’ko:wa, the Women are the “progenitors of the soil” of Turtle Island. The women are the caretakers of the land, water and air of Turtle Island. As the trustees, the Women are obligated to preserve and protect the land’s integrity for the future generations.
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