“Today is a tremendous win for Akwesasne and it was decades in the making,” said Tribal Chief Michael Conners.
In a summary judgment ruling issued by U.S. District Judge Lawrence Kahn on March 14, 2022, the court ruled that New York State’s purchase of land owned by the Akwesasne Mohawks in the 1800s violated the federal Non-Intercourse Act of 1790. According to the act, this establishes regulated commerce with Native American tribes and sought to prevent the purchase of lands without the approval of the federal government.
The land known as the Hogansburg Triangle, is approximately 2000 acres that was set aside for the Mohawks in the 1796 Treaty with the Seven Nations of Canada and is situated within St. Lawrence and Franklin counties. New York State attempted to purchase the land from the Akwesasne Mohawks in 1824/25 without the presence of a federal commissioner or any subsequently ratified federal act.
“To say that we are pleased is an understatement,” said Saint Regis Mohawk Tribal Chief Beverly Cook. She added, “we should all be proud of the perseverance that our recent and ancient ancestors displayed, who stood fast in their determination to protect our lands. We stand in the footprints of our parents and grandparents who fought relentlessly to reclaim our land that was illegally taken”.
In addition to the ruling, the court also dismissed counterclaims by the State and County that the Tribe’s reservation was disestablished or diminished by later treaties. Kahn ruled that the 1796 Treaty boundaries remain in place and include other parcels of land such as the Massena Mile Square, the Fort Covington Mile Square and adjacent town, and the Grasse River meadows area.
Tribal Chief Ron Lafrance stated in a press release issued by the SRMT, “I have always maintained that the State violated the Non-Intercourse Act by not having any of these purchases approved by Congress. During land claim negotiations, I always asked if the State sought federal approval on any purchases made by NYS on Mohawk lands. I also commented that only an Act of Congress could disestablish or diminish the boundary of a reservation. Today, we succeeded in proving we were right all along.”
Not included in the March 14th court ruling was a remedy to rectify the illegal taking of reservation lands by New York State, therefore, a decision will still need to be made as to how or when the land will be returned to the Akwesasne community.
The Akwesasne land claim dates to the late 1980’s, — spanning over 40 years.
Chief Michael Conners noted “It is a positive step forward, with many steps still to be figured out. It could not have happened without the leadership of our past Council members who, along with recent and current Councils, have always kept an eye on our children and our grandchildren still to come.”
