State v. Elliott facts for kids
Quick facts for kids State v. Elliott |
|
|---|---|
| Court | Vermont Supreme Court |
| Full case name | State of Vermont v. Raleigh Elliott, et al. |
| Decided | June 12, 1992 |
| Citation(s) | 616 A.2d 210, 159 Vt. 102 (Vt. 1992) |
| Case history | |
| Subsequent action(s) | Reargument denied (Aug. 25, 1992), cert. denied, 507 U.S. 911 (1993) |
| Case opinions | |
| Morse | |
| Court membership | |
| Judge(s) sitting | Allen, C.J., Gibson and Morse, JJ., and Albert W. Barney, C.J. (ret.) and Peck, J. (ret.), specially assigned |
State v. Elliott was an important court case decided by the Vermont Supreme Court in 1992. This case was about whether the Abenaki people still had ancient rights to land in Vermont. The court decided that these rights, called "aboriginal title," no longer existed. This ruling applied to the entire state of Vermont.
Contents
Understanding the Background
The Abenaki people are a Native American tribe. In 1987, a leader election happened among the Abenaki. Two leaders, Homer St. Francis and Lester Lampman, had different ideas. Lampman wanted the tribe to push harder for their land claims. These claims included all of Vermont and parts of other states. St. Francis won the election.
After winning, Chief St. Francis organized an event on October 18, 1987. About 35 tribal members joined him for a "fish-in" on the Missisquoi River. They fished without getting licenses from the state. This event led to legal discussions about their rights.
Before a court decision, Chief St. Francis withdrew the tribe's request for federal recognition. Federal recognition means the U.S. government officially recognizes a tribe. He said, "We don't need a Government we don't recognize to tell us we exist."
Earlier Court Decisions
The State v. Elliott case came after two earlier decisions in Vermont District Courts. These courts are where legal cases often start.
The Saint Francis Case (1989)
In 1989, a case called State v. Saint Francis was heard. Judge Joseph J. Wolchik made a ruling on August 14, 1989. He decided that the Abenaki were indeed a tribe. He also said they had original rights to hunt and fish. This meant they did not need state fishing licenses.
Judge Wolchik said the Abenaki's traditional area was about 500,000 acres. This land was in northwestern Vermont. It included Grand Isle County, most of Franklin County, and parts of Chittenden and Orleans counties. The judge dropped the charges against most of the people involved. He only kept charges for six people, saying they were not tribal members.
After this decision, Chief St. Francis planned to file a land claim. He believed the tribe's claim covered all of Vermont and New Hampshire. It also included parts of Massachusetts, Maine, New York, and Quebec.
By 1990, some companies that insure land titles in Vermont tried to change their rules. They wanted to add a clause that excluded any potential Abenaki land claims.
The Bellevue Case (1990)
Another fishing rights case, State v. Bellevue, happened in 1990. Judge Edward Cashman ruled on August 13, 1990. He decided that the Abenaki were not free from state laws. Unlike Judge Wolchik, Judge Cashman believed that tribal status or fishing rights could only exist if there was a federal treaty. A treaty is a formal agreement between governments.
The Supreme Court's Decision
The Vermont Supreme Court looked at Judge Wolchik's decision. They decided to overturn it. This meant they disagreed with his ruling.
The court's main new idea was about how ancient land rights end. They said that one historical event might not be enough. But many events over time could show that these rights were gone. They called this "extinguishment." The court said it could be hard to find the exact date when these rights ended.
The court concluded that a series of historical events led to the end of these rights. These events started in 1763 with the "Wentworth Grants." These were land grants from the British Crown. The events ended in 1791 when Vermont became a state in the United States.
What Happened Next
State Recognition in Vermont
Vermont officially recognized the Abenaki people in 2006. This is called state recognition. The original law about this recognition was very clear. It stated that this recognition did not create any new land claims for the Abenaki. It only gave them the rights described in that specific law.
The law was updated in 2010. The new language still said that recognition did not create land claims. It also said it did not allow any gambling activities that were against the law.
The updated law also added more details. It said that state-recognized tribes must follow all state laws. Recognition would not give tribes any power to start illegal gambling. It also would not give them any new interest in land in Vermont.
Federal Recognition Efforts
The St. Francis/Sokoki Band of Abenakis of Vermont tried to get federal recognition. However, their request was denied on July 2, 2007. The Department of Interior is the government body that decides this. They found that the Abenaki did not meet four of the seven requirements for federal recognition.
These requirements included:
- Being seen as an American Indian group by others since 1900.
- Having a distinct community that has existed for a long time.
- Maintaining political influence over its members.
- Members being descendants of a historical Indian tribe.
