Gov. Kathy Hochul has again vetoed a bill that would have reinstated the Montaukett Indian Nation's official state recognition, of which the tribe was stripped some 115 years ago by a court ruling that's widely regarded today as a grossly racist land grab.
It marked the sixth time the Montauketts' recognition effort has been killed by a governor in New York. Governor Hochul did so in 2022 and 2023, while her predecessor, Gov. Andrew Cuomo, did so in 2013, 2017, and 2018.
In her Dec. 21 veto memorandum, Governor Hochul said she has "great respect for Native American nations and communities" and recognized "the prejudice they have historically faced." However, she continued, "the Montauketts have not yet demonstrated that they meet the requirements necessary for recognition."
Her veto concluded with a pledge to "continue to work with the Montauketts regarding this issue, and to treat this historic community with the respect it deserves."
The Montauketts lost their official tribal status in the eyes of New York State in a 1910 State Supreme Court case, Pharaoh v. Benson, in which the justices ruled that "the tribe has disintegrated and been absorbed into the mass of citizens. . . ." It refused to acknowledge a precedent set in 1848 by the United States Supreme Court, which said "the primary criteria for Indian identity" is "some genealogical connection with a recognized group that had existed before the arrival of the European white explorers, traders, and settlers."
Sandi Brewster-walker, executive director of the Montaukett Nation, responded to the veto this week by saying the tribe will continue to fight for reinstatement in New York.
"We were negotiating it with phone calls all the way up to the hour when the veto went out," she said by phone on Thursday. "We might have lost this battle, but we can still win the war, I believe."
Ms. Brewster-walker said the tribe is grateful to the thousands of people who sent the governor's office letters of support for the bill, which was sponsored in the Assembly by Fred W. Thiele Jr., a Democrat, and in the State Senate by Anthony Palumbo, a Republican.
Governor Hochul's executive team, according to Ms. Brewster-walker, seemed to think that state recognition would pave the way for the 1,200 enrolled members of the Montaukett Indian Nation to initiate litigation for a "land claim" to restore tribal land area or receive compensation for property that was stolen from them during the colonial era.
"It seemed to me that the governor's staff was split on what they wanted to do," Ms. Brewster-walker said. "We never introduced the idea of a land claim. It's not in the bill. We would never go after people's private land because most of the Montauketts are homeowners, so that's not even an issue. I believe they were looking for an issue to not recognize us. It's all really based on the lack of knowledge of Long Island history and Native American history."
Mr. Thiele responded to Governor Hochul's veto by saying, "I really thought that this year was going to be different."
"From my perspective," he said, "this is the most disappointing veto of all because we had active conversations with the governor's office and gave them what they wanted and asked for. They never said they didn't have enough information. They raised this bogus land claim issue at the last minute and didn't even mention it in the veto."
"I can't think of anything more we could have done," he continued. "The Montauketts were and are an Indian nation. It was wrongfully taken away from them. Why should they have to prove anything? It was extremely disappointing."
Despite the veto, however, Ms. Brewster-walker feels that progress has still been made. "This was the first time we actually went to the governor's office at the end of the year and started talking to them and educating them on our history."
She also has high hopes for another try, having secured support from Mr. Palumbo for a seventh go-round. While its Assembly sponsor, Mr. Thiele, is retiring, Ms. Brewster-walker is hopeful that his successor, Tommy John Schiavoni, will pick up where he left off.
"Senator Palumbo is going to keep up the fight and reintroduce the bill and will bring Tommy John up to speed too, and I hope to meet with him sometime in the new year," Ms. Brewster-walker said.
