Alaska Inter-Tribal Council : Advocating for Alaska Tribal Governments

Mary Ann Mills, Kenaitze Indian Tribe
Alaska Rural Justice and Law Enforcement Commission
Public Testimony - Oral
December 10, 2004

My name is Mary Ann Mills and my testimony is quite lengthy because it is a historical and a basis of what we feel our rights are. I’m a member of the Kenaitze Indian Tribe and a Council member.

We believe our history began 38,000 years ago. We have records of our Raven Creation Stories from the first beginning when the animals were talking and our first law makers – the chief sang the Mountain Song and the Little Potlatch. And also the new patterns of regulation, so our regulations have been in effect for a very long time, which also includes our reason for being here which is to take of the earth.

In 1741 Vitus Bering ran afoul on the Aleutian Islands.

In 1776 the Constitution of the United States was formed which states all men are created equal.

In 1784 Shelikof established a site on Kodiak and there was a battle in Kenai – a war between the Dena’ina and the Russians.

In 1797 there was a battle in Kenai in which the Dena’ina destroyed the Russian settlements and killed most of the Russian settlers. The Dena’ina won the war against the Russians in defense of their people.

In 1823 the Monroe Doctrine is a policy of political non-interference. This Doctrine was written to protect the United States from European interference. However in Alaska political history, the Monroe Doctrine was violated during the republican’s administration acquisition of the territory of Alaska.

The US fulfilled their own philosophy of Manifest Destiny outside the United States Constitutional framework and against their own doctrine of non-interference as outlined in the Monroe Doctrine.

In 1854 the idea of selling Alaska, as an official of the Russian American Company realized, his country was too weak to defend Alaska. England was on the verge of entering the Crimean War against Russia. Edward D. Stockle, the Russian Minister in Washington shrewdly opposed secret talks with the American officials which revealed as fraud when England entered into the Crimean War.

In 1856 Russia was defeated in the Crimean War and was in financial dilemma. The Russian official sent Ambassador Stockle orders to sound out Washington on a deal for the territory of Alaska.

In early March Stockle returned to Washington and was greeted by the arrogant and devious William H. Seward, Secretary of State under President Andrew Jackson.

Seward began to discuss the purchase of Alaska before he was authorized by President Jackson. On March 14, 1867 Seward offered Stockle five million dollars for Russian America. On March 29, 1867 Stockle received word that the Czar Alexander approved the Treaty with minor provisions.

Seward asked “let’s make a treaty tonight.” Stockle became suspicious and played for more time to review his position. Stockle said your department is closed, you have no clerks, and my secretaries are scattered about town. Seward’s reply was “never mind that.” “If you can muster your legation together before midnight you will find me awaiting.” You at the department which will be opened and ready for business.

Senator Charles Sumner who was the key to Congressional acceptance of the treaty did not believe Alaska territory should change hands without the vote or approval of its inhabitants. Sumner greeted this news coldly because of his democratic scruples. But he suppressed his misgiving and told the Senate half-heartedly I regret very much for this treaty.

The signing was reviled by its critics and became known as the dark deed done in the night and it was a hardly and auspicious beginning to life in America Alaska.

On October 18, 1867 Alaska was officially an American territory with no representation in Congress and with no vote of its inhabitants. Alaska was not paid for. Congress and the Nation at-large were taking sides on to whether to pay for Alaska or not. I’m sorry if I’m putting you to sleep.

In 1904 Alaska Boundary Tribunal of 58th Congress, Second Session, Document 162 convened at London and this consisted of documents created between 1821 and 1824 and these documents demonstrate that Russia did not have title to the land claimed and cast a cloud on all of the lands claimed by the United States under the Treaty of Session of 1867.

In 1821 the Russian Czar attempted to restrict other Nations from coming into the waters of the north coast of North America because he claimed title to this northwest coast of North America.

This included all territory lying north of the 51st degree latitude by virtue of discovery. These documents assert that under the law of Nations, Russia did not have title by discovery to any lands not occupied by Russia. The documents are clear that Russia could not successfully claim title to the northwest coast of North America and the adjacent Islands.

And these were the civilized countries of the world.

In 1947 the United Nations was established because of World War II and Nazi Germany. And because of that…..

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…holocaust from occurring.

Alaska was also included in the charter under Chapter 11, Article 73 which allowed non-self governing territories to be brought up to our own self-governance which was not done.

In 1954 the Spit and ___ Club was a group of Anchorage business men who conspired and agreed to serve as a front for the Richfield Oil Company Corporation to the Swanson River Oil Field, and that’s on the Kenai Peninsula.

Senator Clinton Anderson supervised the six-month investigation and hearings in 1956 and stated “it is obvious that industry-wide straw men and dummies are being used and that the amount of lease acreage which can be controlled as dependent not upon mineral leasing act but upon the number of employees, attorneys or persons friendly to the company who will lend the use of their names for a small consideration.”

When the straw men didn’t even put up their own money, Anderson said “this approach is a conspiracy to evade and avoid the intent of Congress.”

Robert Engler, a political scientist wrote in a book “The Brotherhood of Oil” Dwight D. Eisenhower’s Administration in 1953 had shown complete deference to private enterprise and profit. What oil companies wanted, it generally received.

Before the end of his first week in office, Eisenhower ordered the Justice Department to drop a major anti-trust suit against seven of the largest US oil companies. These conspirators which also included Secretary of Interior Fred Seeden; other political officials and oil interest greased the way for Statehood.

Those not included in the Swanson River Oil Field deals were the original title holders, the Dena’ina of the Kenai Peninsula.

In 1959 Alaska became a State and as a prerequisite under the Provisioncy Act was a test that the Native people alone were required to take and if we were not able to pass this test of competence in the English language, we would be fined five hundred dollars and put in jail for six months.

In an illegal move , the United States allowed the United States Servicemen to vote for Statehood and they were paid to vote for Statehood.

However, Alaska is a disclaimer State which is shown in Article 12, Section 12 in which the State and its people forever disclaimed all rights and titles to property which includes the hunting and fishing rights of the Alaska Indian, Eskimo and Aleut peoples.

At the time of Statehood, however, the State did not allow the people of the Kenai Peninsula to practice our fishing rights, and it is still that way today.

In 1962 the Kenaitze Tribe IRA was formally organized and also US versus Alexander affirmed the right to customary and traditional use of our land.

In 1971 the Alaska Native Claims Settlement Act was enacted without the consent or the ratification or the vote of Alaska’s indigenous peoples. ANCSA is recognized and referred to as an Act of Termination which in itself is genocide.

In 1975 the United States v Alaska Ninth Circuit Court of Opinion decided June 1995 Cook Inlet Historic Claims which is part of the law of the sea.

In 1976 the International Covenant on Economic Social and Cultural Rights, an International Covenant on Civil and Political Rights Title 18 US Code 1091 became law.

In 1977 the Alaska Natives and their subsistence rights – a discussion of the Constitutional question by Stewart Udall.

In 1977 Special Council to Alaska Federation of Natives.

In 1977 the inclusion of the Alaska Lands and National Park Forest Wildlife Refuge and Wild and Scenic Rivers systems hearings, Byron Mallot, President of AFN in Fairbanks. Without the permission of the Indian, Eskimo and Aleut peoples and against the advice of AFN’s attorneys Bryon decides against the fishing rights of certain Native peoples. Mr. Mallot divides Alaska Natives into two categories, rural and urban, and deciding urban Natives no longer should have fishing rights.

In 1988 Public Law 100-606 the Genocide Treaty or the Proxmire Act becomes supreme law of the land of the United States.

In 1990 Joe Voegler petitions to the UN papers questioning Alaska’s Statehood legality. Shortly after his petition to the UN he was murdered.

In 1991 the bitter root of truth – the Russian American occupation of the soveriegn people. ___ Charles Edwardson and Shelly Trainer.

In 1991 Native Americans and the Constitution, the original understanding Mark Savage, attorney/public advocates Inc. San Francisco, California, Stanford Law School.

In 1993 George Miller, Jr. of Kenai signs an affidavit invaliding his signature on ANCSA because of fraud.

In 2000 the United States Court of Appeals for the Ninth Circuit Alaska v United States, et al., Quite Title Action was won.

In 2002 NCAI resolution SD 02049 to support the rights of sovereign tribal governments and to negotiate settlement of historic land claims.

In 2004 in Belgium, Brussels, American Press did an article. Display says US has first genocide “a display praising the merits of peacekeeping that cited the killing of Native North Americans as the world’s worst genocide shouldn’t be considered a jab at the United States.”

Belgium defense officials said Thursday, the display shown at the Monument of the Unknown Soldiers at Brussels this week was meant to honor Belgium soldiers who died in humanitarian missions. It included a panel listing North America as the continent of the world’s worst genocide with a death toll of 15 million starting with Christopher Columbus in 1442’s arrival to the new world but giving no end date.

And to end, a resolution was passed at the Alaska Intertribal Council and the resolution is a resolution of the Alaska Intertribal Council requesting that the Alaska Rural Justice and Law Enforcement Commission be rescinded.

Because I’ve taken so much time, I don’t know if you want me to read it in complete. But I will read one whereas and now therefore be it resolved.

Whereas the Alaska Rural Justice and Law Enforcement Commission goals are strikingly similar to the intended goals of regionalization, issues declared to be a dead issue by Senator Ted Stevens at the 2004 AFN Convention. Now therefore be it resolved that the Alaska Intertribal Council petitions the United States Congress to rescind the Alaska Rural Justice and Law Enforcement Commission.

Thank you.

BURGESS: Thank you. Do you have time to take some questions?

MILLS: Yes.

BURGESS: Okay. And also, do you have a copy of your comments and the resolution you can leave with us or get to us at some point?

MILLS: Yes. I will get it to you. I did not do all of them. There’s quite a listing that I have of historical dates. And I would also like to request a timeline edition when I do submit them to you. Because its on-going research that not only myself have done, but there’s many of us who also have participated in this.

BURGESS: Let me suggest that you can either submit that today or if you would like to submit it on some other day when you’ve got a chance to put it together in a form you would like. And then if you could continue to supplement that as you feel is appropriate while we’re doing our work, I think that would be very helpful.

So let me turn to the other Commissioners to see if anybody has any questions. Any questions? Commissioner Bullard.

BULLARD: Well, I didn’t so much have a question, but the resolution that you didn’t read in its entirety is basically asking Congress to rescind I guess the creation of this Commission because of concerns that it’s lending towards regionalization. And I just wanted to read to you and I’ve got a copy here and I’ve shared copies I think with Donna and others, but this is an earlier draft of the language that created this Commission. I just wanted to read a portion of it to you.

And unfortunately this language didn’t make it into the final bill that created this Commission because it was felt that it was presupposing or making decisions in advance of this Commission making recommendations. So I just wanted to read to you a portion of this language which when I saw it, I was astounded.

And it says—Section 3 of the draft bill: It shall be a federal offense to violate the State of Alaska’s local option law banning the sale, importation, use or possession of alcohol, etcetera in a community which has made such election under State law. Such federal offense shall be punishable by up to one year in prison for the first violation, up to five years in prison for subsequent violations.

Village Public Safety Officers, Village Police and Village Police Officers are deputized to enforce such violations by Native and non-Native residents of a village. Federal Law Enforcement Officers may also enforce such violations by Native and non-Native residents in a village.

Tribal Courts may prosecute such violations consistent with due process requirements of the United States Constitution and may impose such community service or treatment requirements as they deem appropriate not to exceed one year.

The United States Attorney may also prosecute repeat offenders in Federal District Court to the maximum extent possible.

And when I read that language, what struck me about that language is that not only was it providing the opportunity for the Tribal Courts in the villages to address alcohol issues for not only the Native residents of those communities, but also the non-Native residents of those communities which you know certainly in our area we need that ability to manage alcohol.

And there’s some really sweeping changes to federal law in this draft bill. And I kind of look at this at what’s possible. So I encourage folks not to think that what this Commission is trying to do is preordain or necessarily a bad thing for rural Alaska.

I think that there is opportunity to make some positive changes and I hope that folks don’t pre-judge what this Commission is trying to achieve.

MILLS: Well I’d like to make a comment on that also. I think what a lot of the indigenous people are questioning is the jurisdiction. Who has jurisdiction in Alaska?

Because we noticed that many times, for instance, I know you’re not Gregg Renkes, but his opinion was probably the biggest slap in the face of our tribal courts that is possible.

There is a history of the State of Alaska hostility towards the indigenous people. And you can see that in almost every aspect and we have never had even though the Constitution states certain things. The State does not follow. They feel that they are above the law.

And I think it’s good that some changes are trying to be made and I agree that we should have the right when it concerns our jurisdiction. And on the Kenai Peninsula, the Kenaitze Indian Tribe, we claim the whole Kenai Peninsula as our jurisdiction.

We have never, never given our jurisdiction away to the State or the Federal Government and that’s a concern we have. And the respect that has been given to us as the original title holders has been one of hostility.

BURGESS: Well I want to thank you. You did cover a lot of ground, but you did it very well.

MILLS: Thank you.

BURGESS: And I would appreciate your written comments. And I guess I would like to echo some of Commissioner Bullard’s comments which are, I guess unless and until Congress decides that we shouldn’t do this, from our perspective we need to complete a task we’ve been asked to do.

Though I understand and respect the concerns expressed in your resolution. And I would hope that as we continue this process, if you and others who can continue to provide us with information and suggestions and guidance so that we can do the best we can in trying to complete this process.

And to ensure you, and again as Commissioner Bullard said, from our perspective and the Commissioners perspective, we don’t—this is a blank page.

We don’t have some preordained plan that we are going through the motions on trying to complete as part of this process, we are trying to do the best we can and working through some of these challenges we’ve asked to take a look at.

So I thank you very much for your coming forward and sharing with us today.

MILLS: Thank you.

BURGESS: Thank you.

END OF STATEMENT