http://64.38.12.138/boardx/topic.asp?

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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 [www.mohawknationnews.com
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: Aroniakons

Prepared for:
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.

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.

Posted by No One Is Illegal-Montreal at 22:58

Labels: Indigenous sovereignty and solidarity, Katenies

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