Lenape leaders take Jersey to court

Claiming 250-year-old treaty violated by state In February 2009 Milford, Pa., resident Ron Holloway filed a lawsuit against the State of New Jersey for the illegal seizure of lands, breaking treaties and attempted genocide. Holloway is the chairman of the Sand Hill Band of the Lenapes, many of whom still reside the Sussex County area. He is a soft spoken and educated man who holds several degrees and spent three years researching Indian-Native American history before filing. The band called him to come back as the most qualified person to prepare the application. A New Jersey attorney Arleen Richards, also of Lenape descent, assists him. Holloway said that the lawsuit specifically refers to the illegal act of taking over the Brotherton Reservation, the first and only Indian Reservation in New Jersey. It was established in 1758, near present day Indian Mills in Burlington County. New Jersey took it over illegally in 1802, said Holloway. After that, the legal status of the Lenapes became tricky, he continued. They weren’t recognized and the official New Jersey position was that none remained in the state. “How do you have access to the legal system if it says you don’t exist?” asked Holloway. Now, as a result of a new law passed by the Obama administration last year, federal law requires that representatives of native tribes, if they are active in the area, have to be invited to the committees that decide the use of the continental shelf, wind and water. “Last year I gave a series of talks to the Homeland Security, EPA, Customs, Border Patrol and Fish and Wildlife about our history, traditions, our long term goals and our religious insights,” said Holloway. “They recognize us for who we are.” Holloway explained, “The original Treaty of Easton of 1758 is still in force, as well as the original quit claim deed that specifically states the Lenapes have the coast from Port Elizabeth to Delaware Bay up to the low water mark, and unfettered hunting rights throughout their original homeland, as well as rights to have 50 shillings for every tree cut. The federal government has never canceled our treaties.“ His filing of the lawsuit in federal court is in response to trying to arrange a meeting with Gov. Jon Corzine for two years to discuss their issues. He says he was ignored. “We had reason to believe we wouldn’t get fair treatment at New Jersey courts.” The suit personally names Gov. Corzine, Secretary of State Nina Wells, and Attorney General Anne Milgram for failure to take action. The rights to the coastline include the land under Atlantic City, and the huge new wind turbine project under construction. Under the Wharton State Forest lies an aquifer that New Jersey now uses to sell water to four other states. “It’s disquieting,” said Holloway, who despite his issues, is still smiling. “I’m being constantly followed, there have been incidents of break-ins into cars and homes, lug nuts have been loosened, we have been tapped...” He continued: “We have our own security following the people who follow us. If I was in an accident, there would be a five-car long crash behind me,” he joked. Positive attitude The case is scheduled to be heard in 2010. According to Holloway, he cannot lose because they are the last of the “First Contact Indians” to file, and all the other First Contact tribes on Eastern Seaboard have won large settlements, such as in Rhode Island. And what do the Lenapes want out of this? Holloway said that they are not demanding compensation that requires displacement of people or is an additional tax burden to New Jersey residents. “We would like to have compensation, but in the end you cannot hold people responsible for something their forefathers did 200 years ago. We like it that we have a say in what happens with water and air.” Despite the massive compensation number in the lawsuit, Holloway said, “in the end it has to be a combination of some kind, but something that stabilizes the tribe for the next seven generations. This would include some form of hunting and fishing rights, land for our people that allows commercial infrastructure development to drive revenue for us, and some sacred land. We are open to finding a solution that helps everybody, not only our tribe but others in New Jersey in long term. We want to see green projects, such as wind and solar power, organic farming, hydroelectric and water and land preservation for future.”

Lawsuit claims and demands
The lawsuit asks for compensation from the State of New Jersey, claiming they “have wrongly converted and misappropriated their land and other property for over 200 years,” and ”the state of New Jersey did not exist as a governmental entity, thus making all sales or relinquishment of Petitioner’s land, Right, Privileges, and Immunities moot and null and void.” It also alleges that they “have been unlawfully deprived of representation on the New Jersey Commission on Indian Affairs,” and seeks “damages of “999,999,999 one-ounce Gold American Eagles issued by the American Treasury”.