Full opinion text
DECISION AND ORDER ARCARA, District Judge. INTRODUCTION This is an action for declaratory and in-junctive relief, pursuant to 42 U.S.C. § 1983, brought by Dennis J. Bowen, Sr. (“Bowen”), in both his individual capacity and in his capacity as the President of the Seneca Nation of Indians (the “Nation”), to enjoin Justices Vincent E. Doyle, Jr. and Penny M. Wolfgang of the New York State Supreme Court (the “State Defendants”) from asserting and exercising jurisdiction over an action currently before them captioned Ross L. John, Sr., et al. v. Dennis J. Bowen, Index No. 1994/12582 (the “State Court action”). In the State Court action, several present and/or former officials of the Nation’s government seek declaratory and injunctive relief against Bowen, alleging, inter alia, that he attempted to remove and replace certain members of the tribal council and to terminate certain appointed tribal officials from their positions, all in violation of the Constitution, laws, customs and traditions of the Nation. The plaintiffs in the State Court action have moved to intervene as defendants-intervenors in this case. Currently before the Court is Bowen’s motion for a preliminary injunction pursuant to Fed.R.Civ.P. 65(a). A hearing on the preliminary injunction was held on February 16, 1995. After considering the evidence submitted at the hearing, reviewing the submissions of the parties and hearing argument from counsel, the Court grants Bowen’s motion for a preliminary injunction. The following shall constitute the Court’s findings of fact and conclusions of law in accordance with Fed.R.Civ.P. 52(a) and 65(d). FINDINGS OF FACT I. Structure of the Nation’s Government The Seneca Nation is a federally-recognized Indian tribe operating under a constitution originally adopted in 1848 (the “Constitution”). The Constitution replaced the traditional chief form of government with an elected representative democracy. Under the Constitution, the Nation’s government is divided into legislative, executive and judicial departments. The legislative power is vested in a tribal council of sixteen members (the “Council”). Council members are called Councillors of the Seneca Nation of Indians. Ten Councillors constitute a quorum for the transaction of business. The Councillors are elected for terms of four years. If a Councillor dies, resigns or is impeached, the President has the power to fill the vacancy by appointment. The Council has the power to make laws not inconsistent with the Constitution. The executive power is vested in the President. The President is elected for a term of two years. The President presides over Council deliberations and has a vote therein. He also has the duty to ensure that laws applicable to the Nation are faithfully executed. The judicial power of the Nation is vested in two Peacemakers Courts, two Surrogates Courts and a Court of Appeals. The Constitution provides that: The judicial power shall extend to all eases arising under [the] Constitution, the customs or laws of the Nation, and to any case in which the Nation, a member of the Nation or any person or corporate entity residing on, organized on, or doing business on any of the Reservations shall be a party. Each Peacemakers Court is comprised of three judges, any two of whom may hold Court and discharge all the duties of the Peacemakers Court. Each Surrogate’s Court is comprised of one judge. Both Peacemakers and Surrogate Judges are elected for terms of four years. All determinations and decisions of the Peacemakers and Surrogates Courts are subject to appeal to the Court of Appeals. The Court of Appeals is comprised of six judges, any three of whom may hear an appeal. Court of Appeals Judges are elected for terms of four years. All determinations of the Court of Appeals are subject to appeal to the Council upon the granting of a writ of permission by a vote of not less than seven Councillors. Such an appeal, if permitted, must be heard by at least a quorum of the Council. If the decision of the Court of Appeals is not appealed to the Council, it becomes final and no other court or subsequently elected Council may reopen, rehear, reverse or affirm the decision of the Court of Appeals. II. The Peacemakers Court Action On November 1, 1994, Dennis J. Bowen, Sr. was elected President of the Nation. He took office on November 8, 1994. On November 11, 1994, President Bowen filed- an action in the Peacemakers Court (the “Peacemakers Court action”) seeking to enjoin Ross John, Sr. from acting or sitting as a member of the Nation’s Council. Ross John, Sr. was appointed to his position on the Council by the immediate past President, Barry E. Snyder, Sr. Bowen claims that Ross John, Sr.’s appointment violated the Constitution and is, therefore, null and void. On the same day, November 11, 1994, the Peacemakers Court issued an order enjoining Ross John, Sr. from acting or sitting as a member of the Council until further order of the Court. On November 13, 1994, Ross John, Sr. moved the Peacemakers Court to vacate the November 11, 1994 Order. On November 14, 1994, a hearing on the motion to vacate was held. By Order dated November 18, 1994, the Peacemakers Court denied the motion to vacate and ordered that the November 11 Order remained in effect. A further hearing was scheduled for December 12, 1994. On November 29,1994, Tyrone LeRoy and Rosemary Patterson, two enrolled members of the Nation, requested and received permission to intervene as plaintiffs in the Peacemakers Court action. They filed an amended complaint which, in addition to the claims originally asserted by Bowen against Boss John, Sr., asserts claims against four new defendants: Arthur W. John, Maxine Jimerson, Geraldine Memmo and Susan Pierce. The amended complaint alleges that, on November 3, 1994, Arthur John was unlawfully appointed to the position of Council-lor by the immediate past President, Barry Snyder, to fill the vacancy left after Council-lor Adrian Stevens, who was elected Treasurer of the Nation on November 1, 1994, resigned from the Council. The amended complaint also alleges that Maxine Jimerson, Chief Executive Officer of the Seneca Nation Gaming Enterprises; Geraldine Memmo, Director of Human Resources; and Susan Pierce, Director of the Area Office of the Aging, were each terminated from their respective positions, but continue to hold themselves out as Nation officials. The amended complaint seeks to enjoin Ross John, Sr. and Arthur John from serving as Councillors and to restrain Maxine Jimerson, Geraldine Memmo and Susan Pierce from continuing to act in their respective positions. On the same day, November 29, 1994, the Peacemakers Court issued an Order enjoining Arthur John from acting as a Councillor and the other three new defendants from acting in their respective governmental positions. The defendants subsequently moved to dismiss the Peacemakers Court action, but their motion was denied in an Order dated January 6, 1995. The January 6 Order also provided that the November 29 Order was still in effect and that President Bowen was to enforce the Order. On December 9,1994, defendants appealed the Peacemakers Court’s November 18 and November 29 Orders to the Nation’s Court of Appeals. The action was not stayed pending the appeal and proceedings have continued in the Peacemakers Court. On December 15, 1994, default judgment was entered against Ross John, Sr. for failure to answer the complaint. The claims against the other defendants are awaiting trial. The appeal is also pending. III. The State Court Action On November 18, 1994, the same day the Peacemakers Court denied Ross John, Sr.’s motion to vacate its November 11, 1994 Order, Ross John, Sr., along with twelve other enrolled members of the Nation, brought an action for declaratory and injunctive relief in New York State Supreme Court against Bowen, Ross L. John, Sr., et al. v. Dennis J. Bowen, Index No. 1994/12582. The suit is purportedly brought against Bowen in his individual capacity. The State Court complaint does not mention the existence of the Peacemakers Court action. The State Court action was assigned to Justice Doyle. The State Court complaint alleges that Bowen, acting outside the scope of his authority, violated the Nation’s Constitution and laws by: (1) attempting to remove and replace Ross John, Sr. as a Councillor; (2) attempting to remove and replace Arthur John as a Councillor; (3) seizing and occupying one of the Nation’s administrative buildings thereby preventing Nation officials from conducting business; (4) attempting to terminate the Nation’s Human Resource Director Geraldine Memmo; (5) attempting to terminate Gaming Enterprises CEO Maxine Jim-erson; (6) conducting an improper Council meeting on November 12, 1994; (7) attempting to rescind the Nation’s Governmental Law without approval of the Council; and (8) attempting to terminate all department heads in the Nation’s government. The plaintiffs ask the State Court to declare these actions unlawful, null and void. They also ask the State Court to enjoin Bowen from: (1) impeding future meetings of the Council; (2) calling meetings without proper notice to all sixteen Councillors; and (3) appointing temporary “Councillors of the Day” in the absence of one or more of the sixteen members of the Council. On the same day the State Court complaint was filed, November 18, 1994, Justice Doyle issued an ex parte Order enjoining Bowen from: a) removing or attempting to remove any of the plaintiffs from their seats on the Council of the Seneca Nation of Indians; and b) appointing or attempting to appoint any one to replace any of the plaintiffs on the Council of the Seneca Nation of Indians; and c) removing or attempting to remove Department Heads, the Human Resource Director and the Seneca Gaming Enterprises CEO from their employment with the Seneca Nation of Indians; [and] d) removing or attempting to remove any other employees of the Nation who, pursuant to the Government Law or Human Resource Policies and Procedures Manual, can only be removed by the Council or Department Heads or Commissioners; and. e) otherwise acting or continuing to act in a manner that impedes the meetings of the Council of the Seneca Nation of Indians. Justice Doyle’s November 18 Order does not mention the pending Peacemakers Court action or the Peacemakers Court’s Orders of November 11 and November 18. Justice Doyle scheduled a preliminary injunction hearing for November 28, 1994. By memorandum filed with the State Court on November 26,1994, Bowen opposed the State Court plaintiffs’ request for injunc-tive relief, informed the State Court of the nature and scope of the pending proceedings before the Peacemakers Court, and requested that the State Court action be dismissed. He specifically advised the State Court of the Peacemakers Court’s November 11 Order enjoining Ross John, Sr. from acting or sitting as a member of the Council pending further hearing in the Peacemakers Court. Justice Doyle conducted an evidentiary hearing over the course of several days from November 30, 1994 to December 12, 1994 on the issue of the State Court’s jurisdiction. On December 9, 1994, in apparent anticipation of a Council meeting scheduled for December 10, 1994, Justice Doyle issued an Order: (1) directing that the appointment by former President Barry Snyder of Ross John, Sr. to the Council be allowed to stand and that both Ross John, Sr. and David Silverheels (an individual appointed by Bowen to serve on the Council) be seated as Councillors until further order of the Court; (2) staying any action taken by the Council at any meeting on November 12, 1994; and (3) ordering that the State Court’s November 18 Order against Bowen remain in effect. On December 12, 1994, Justice Doyle issued an Order providing that the terms and conditions of his December 9 Order would apply with full force and effect to any and all meetings of the Council until further order of the Court. The December 12 Order also provided that the State Court would continue to exercise jurisdiction over the proceedings until the jurisdiction issue was decided. Neither the December 9 Order nor the December 12 Order makes any reference to the Peacemakers Court action or, more specifically, to the Peacemakers Court’s November 11 and November 18 Orders enjoining Ross John, Sr. from sitting on the Council. In a decision dated December 22, 1994, Justice Doyle held that the State Court has jurisdiction over this matter pursuant to 25 U.S.C. § 233 and N.Y. Indian Law § 5. He found that the State Court action is not barred by the pre-existing Peacemakers Court action because the issues pending before the State Court are not pending before the Peacemakers Court. He further found that the evidence adduced at the hearing “makes it uncertain or unpredictable as to what might be accomplished in the Peacemaker Court.” Justice Doyle also held that the State Court action is not barred by the doctrine of sovereign immunity because the State Court plaintiffs are alleging that President Bowen was acting outside the scope of his tribal authority. For these reasons, Justice Doyle denied Bowen’s motion to dismiss the State Court action and ordered that all previous Orders of the State Court were to remain in effect until resolution of the State Court action. He further stated that, the issues in the State Court action would be resolved in accordance with the Constitution and substantive law of the Nation and, where appropriate, in accordance with the customs and traditions of the Nation. Bowen has appealed Justice Doyle’s December 22 Decision. He also moved before the Appellate Division, Fourth Department, for a stay of the State Court action pending appeal, but that request was denied by M. Dolores Den-man, Presiding Justice, on January 9, 1995. On December 30, 1994, upon the motion of Ross John, Sr., Justice Doyle issued an Order to Show Cause requiring Bowen to show cause why he should not be held in contempt for willful violations of the State Court’s previous Orders. In the same December 30 Order, Justice Doyle also ordered the Erie County Sheriffs “and/or their special Seneca Tribal Police deputies”: (1) to accompany Ross John, Sr. and Arthur John to all Council meetings; (2) to enforce the State Court’s Orders allowing Ross John, Sr. and Arthur John to sit on the Council; (3) to physically restrain Bowen and those acting in concert with him from interfering with the State Court’s decision to permit Ross John, Sr. and Arthur John to sit on the Council; and (4) to physically restrain Bowen and those acting in concert with him from interfering with the State Court’s Order permitting Maxine Jim-erson, Geraldine Memmo and Susan Pierce to perform their employment duties and to receive their salaries. The State Court’s December 30 Order did not mention the November 11, November 18 and November 29 Orders of the Peacemakers Court which: (1) enjoined Ross John, Sr. and Arthur John from sitting on the Council; (2) enjoined Maxine Jimerson, Geraldine Memmo and Susan Pierce from performing their employment duties; and (3) ordered President Bowen to enforce the Peacemakers Court’s Orders. A hearing on the December 30 Order to Show Cause was scheduled for January 23, 1995. Justice Wolfgang was assigned by Justice Doyle to preside over the contempt proceeding. On January 12, 1995, Justice Doyle issued an Order providing that the previous orders of the State Court were in effect and restraining Niagara Mohawk Power Corp., National Fuel Gas Distribution, NYNEX and New York State Electric & Gas Corp. from discontinuing or shutting off, temporarily or permanently, any utility service to any government or enterprise building of the Nation until further order of the State Court. IV. The Federal Court Action This action was filed by President Bowen on Friday morning, January 20, 1995. At the same time the complaint was filed, Bowen moved for a temporary restraining order (“TRO”) and/or preliminary injunction enjoining the State Defendants from continuing to assert and exercise jurisdiction over the State Court action and restraining the State Defendants from proceeding with the contempt hearing scheduled for January 23, 1995. Bowen also moved for an expedited hearing on the TRO motion. The Court granted the motion for an expedited hearing and a hearing was held later in the afternoon of January 20. At the hearing, the plaintiffs in the State Court action appeared and made an oral motion to intervene. The Court granted the motion for purposes of the TRO hearing. After an in-chambers conference, the State Defendants graciously agreed to adjourn the contempt hearing until January 24, 1995 in order to give the Court an adequate opportunity to review the parties’ submissions and hear oral argument on the TRO motion. Oral argument on the TRO motion was held on Monday, January 23, 1995. During the argument, the Court was contacted by Justice Wolfgang’s chambers and informed that the State Court contempt hearing was postponed until January 31, 1995. After hearing argument, the Court reserved decision. On January 27, 1995, the Court issued a TRO enjoining the State Defendants from asserting and exercising jurisdiction over the State Court action until such time as the Court ruled on Bowen’s motion for a preliminary injunction. The TRO expires on February 27, 1995. V. Impeachment Proceedings Defendants-intervenors claim that both this action and the State Court action are now moot because, on January 28,1995, Bowen was impeached as President of the Nation. Bowen asserts that he was not impeached. On February 6, 1995, the Peacemakers Court held that the impeachment proceedings against Bowen were invalid under the Constitution. See Scanlan, et al. v. Printup, et al., Civil Action No. 0127-95 (Seneca Nation of Indians Peacemakers Court). CONCLUSIONS OF LAW I. Summary of the Parties’ Positions Bowen urges this Court to enjoin the State Court action because the claims asserted in that action involve the internal affairs of the Nation and the State Court lacks jurisdiction over such claims. More specifically, Bowen argues that, under the Treaty of November II, 1794 (the “Treaty of 1794”), 7 Stat. 44, the Nation retains the right of self-government and exclusive jurisdiction over its internal affairs and the State Defendants therefore lack jurisdiction to adjudicate such a dispute. Bowen further argues that the State Court action is barred by the doctrine of exhaustion of tribal remedies. Bowen asserts that the State Court plaintiffs should be required to litigate their claims in the Peacemakers Court action that was filed prior to the State Court action. Finally, Bowen argues that the State Court action is barred by the doctrine of sovereign immunity, notwithstanding that the action was brought against Bowen as an individual rather than as President of the Nation, because the relief requested by the plaintiffs in the State Court action and the orders issued by Justice Doyle operate directly against the Nation by purporting to decide who may serve on the Nation’s Council; to direct how the Council’s meetings are to be conducted; to determine the validity of Council action; to require the Nation to expend funds and direct how those funds are to be spent; and to order Nation police officers to enforce State Court orders against officials of the Nation’s government. Bowen contends that he will suffer immediate and irreparable injury unless the State Defendants are enjoined because he will be subject to fines, arrest and incarceration for alleged violations of the State Court’s Orders — notwithstanding the fact that the State Court lacks jurisdiction and that he has acted in accordance with the Orders of the Peacemakers Court. He further argues that, unless the State Court action is enjoined, the sovereign authority of the Nation to determine matters of self-government within its own forums will be irreparably damaged by subordination of the Nation’s sovereignty to the State Courts. The State Defendants take the position that the State Court properly exercised jurisdiction over this dispute and that, in any event, this Court should not interfere with the State Court proceedings. More specifically, the State Defendants argue that the Anti-Injunction Act, 28 U.S.C. § 2288; the Younger abstention doctrine; and the United States Supreme Court’s decision in United States ex rel. Kennedy v. Tyler, 269 U.S. 13, 46 S.Ct. 1, 70 L.Ed. 138 (1925), all bar this Court from enjoining the State Court action. In other words, it is the State Defendants’ position that Bowen should be required to litigate the issue of the State Court’s jurisdiction in the state court system, with ultimate review by the United States Supreme Court. The defendants-intervenors similarly argue that this Court is barred from enjoining the State Court action and that Bowen must litigate the jurisdiction issue in the State Courts. They also argue that the State Court has jurisdiction over this dispute pursuant to 25 U.S.C. § 233. They contend that, under § 233, Congress granted New York courts concurrent jurisdiction with the Peacemakers Courts over all civil actions involving members of the Nation, including cases where, as here, there is a dispute between officials of the Nation’s government regarding the scope of their respective authorities and powers under the Constitution and laws of the Nation. They further argue that sovereign immunity does not bar the State Court action because: (1) they sued Bowen in his individual capacity for acts he allegedly committed outside the scope of his authority under the Nation’s Constitution and laws; and (2) the State Court is applying tribal, not state, law. Moreover, defendants-intervenors argue that the exhaustion of tribal remedies doctrine does not apply in this instance because: (1) the doctrine does not apply to states such as New York where Congress has expressly granted concurrent jurisdiction to the state courts; (2) the Nation’s Peacemakers Court is corrupt and biased; and (3) the claims and parties in the Peacemakers Court action are not identical to those in the State Court action. Finally, as stated earlier, defendants-intervenors argue that this action and the State Court action are now moot because Bowen has been impeached as President of the Nation. II. Preliminary Injunction Standard The standard for issuing a preliminary injunction is well-settled in the Second Circuit. The party seeking the injunction must demonstrate (1) irreparable harm should the injunction not be granted, and (2) either (a) a likelihood of success on the merits, or (b) sufficiently serious questions going to the merits and a balance of hardships tipping decidedly toward the party seeking injunctive relief. Able v. United States, 44 F.3d 128, 131 (2d Cir.1995); Resolution Trust Corp. v. Elman, 949 F.2d 624, 626 (2d Cir.1991); Jackson Dairy, Inc. v. H.P. Hood & Sons, Inc., 596 F.2d 70, 72 (2d Cir.1979). While this standard does not explicitly mention the public interest, as do some other Circuits’ standards, the Second Circuit has recognized that a federal court, when acting as a court of equity, “may go much further both to give or to withhold relief in furtherance of the public interest than where only private interests are involved.” Standard & Poor’s Corp. v. Commodity Exch., Inc., 683 F.2d 704, 711 (2d Cir.1982) (quoting Brown & Williamson Tobacco Corp. v. Engman, 527 F.2d 1115, 1121 (2d Cir.1975), cert. denied, 426 U.S. 911, 96 S.Ct. 2237, 48 L.Ed.2d 837 (1976)); Carey v. Klutznick, 637 F.2d 834, 839 (2d Cir.1980) (“[T]he public interest has always been a factor to be considered in the granting of a preliminary injunction.”). “When significant public interests are involved, courts have a special obligation to assess carefully the propriety of preliminary injunctive relief.” Stieberger v. Bowen, 801 F.2d 29, 34 (2d Cir.1986). Applying this standard to the instant case, the Court finds that Bowen is entitled to injunctive relief. III. Likelihood of Success on the Merits The Court finds that plaintiff -is likely to succeed on the merits of this action. First, under the Treaty of 1794 and well-settled case law, the Nation retains the right to self-government and exclusive jurisdiction over its internal affairs and the State Defendants therefore lack jurisdiction to adjudicate such a dispute. Second, the pendency of the Peacemakers Court action, which concerns the same dispute and was filed prior to the State Court action, renders the State Court without jurisdiction to proceed. Third, the State Court action is barred by the doctrine of sovereign immunity. Fourth, none of the abstention or procedural bars cited by the State Defendants and the defendants-inter-venors apply to prevent this Court from granting an injunction in this case. Finally, neither the State Court action nor this action is moot. A. Under the Treaty of 1794. and Well-Settled Case Law, the Nation Retains the Rights to Self-Government and Exclusive Jurisdiction Over its Internal Affairs. Under the Treaty of 1794 and well-settled case law, the Nation holds the right to self-government. The Supreme Court so held over 125 years ago in Fellows v. Denniston, 72 U.S. (5 Wall.) 761, 18 L.Ed. 708 (1867) and the Second Circuit so recognized in United States v. Boylan, 265 F. 165 (2d Cir.1920). In Fellows, the Court held that, under the Treaty of 1794, the United States “acknowledged the [Seneca] reservations to be the property of the Seneca nation — that they will never claim them nor disturb this nation in their free use and enjoyment, and that they shall remain theirs until they choose to sell them. These are the guarantees given by the United States, and which her faith is pledged to uphold.” Id. 72 U.S. at 768. As the Court held, unless and until the Seneca are lawfully removed from their lands, “they are to be regarded as still in their ancient possessions, and are in under their original rights, and entitled to the undisturbed enjoyment of [their lands].” Id. 72 U.S. at 770. Indeed, it is well-settled that the right of self-government is a right held by Indian tribes in their capacity as sovereign entities. As the Supreme Court held in the historic Cherokee cases, an Indian tribe is a “distinct political society ... capable of managing its own affairs and governing itself,” Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1, 16, 8 L.Ed. 25 (1831), and retains the “right of self-government.” Worcester v. Georgia, 31 U.S. (6 Pet.) 515, 556, 8 L.Ed. 483 (1832). By entering into treaties, Indian Tribes did not “surrender [their] independence — [their] right to self-government.” Id. 31 U.S. at 561. To the contrary, “[i]mplicit in these treaty terms ... was the understanding that the internal affairs of the Indians remained exclusively within the jurisdiction of whatever tribal government existed.” Williams v. Lee, 358 U.S. 217, 221-22, 79 S.Ct. 269, 271, 3 L.Ed.2d 251 (1959). This fundamental principle — that Indian tribes retain the right to self-government — has been repeatedly reaffirmed by the Supreme Court. It is now well-settled that “[t]he sovereignty retained by tribes includes ‘the power of regulating their internal and social relations.’” New Mexico v. Mescalero Apache Tribe, 462 U.S. 324, 332, 103 S.Ct. 2378, 2385, 76 L.Ed.2d 611 (1983) (quoting United States v. Kagama, 118 U.S. 375, 381-82, 6 S.Ct. 1109, 1112-13, 30 L.Ed. 228 (1886)), and that this authority includes the “power to make their own substantive law in internal matters and to enforce that law in their own forums.” Santa Clara Pueblo v. Martinez, 436 U.S. 49, 55, 98 S.Ct. 1670, 1675, 56 L.Ed.2d 106 (1978) (citations omitted); see also Iowa Mut. Ins. Co. v. LaPlante, 480 U.S. 9, 18, 107 S.Ct. 971, 977, 94 L.Ed.2d 10 (1987); Merrion v. Jicarilla Apache Tribe, 455 U.S. 130, 148 n. 14, 102 S.Ct. 894, 907 n. 14, 71 L.Ed.2d 21 (1982); United States v. Wheeler, 435 U.S. 313, 322, 98 S.Ct. 1079, 1085, 55 L.Ed.2d 303 (1978); Ex parte Crow Dog, 109 U.S. 556, 572, 3 S.Ct. 396, 406, 27 L.Ed. 1030 (1883). It is equally well-settled - that tribal authority over internal matters is exclusive. In Talton v. Mayes, 163 U.S. 376, 16 S.Ct. 986, 41 L.Ed. 196 (1896), a Cherokee Indian challenged his conviction for murder in a Cherokee court on the ground that he had been indicted by a grand jury consisting of only five jurors in violation of the Fifth Amendment to the United States Constitution and the Constitution and laws of the Cherokee Nation. The Court held that the powers of self-government exercised by the Cherokee Nation existed prior to the United States Constitution, and thus were not limited by its terms. Id. at 384, 16 S.Ct. at 989. As for the alleged violations of the Cherokee Constitution, the Court refused to address these questions, holding that they were “solely matters within the jurisdiction of the courts of that nation.” Id. at 385, 16 S.Ct. at 989. More recently, the Court reaffirmed the same rule in LaPlante, 480 U.S. at 19, 107 S.Ct. at 978, holding that unless the tribal court lacks jurisdiction, “proper deference to the tribal court system precludes relitigation of issues raised ... and resolved in the Tribal Courts.” The basis of these established legal principles — the right to tribal self-government and the exclusivity of jurisdiction over internal tribal affairs — and of their consistent reaffirmation by the Supreme Court, is the rule that Indian tribes, as sovereign entities, retain all rights not specifically withdrawn by treaty or federal law. In Worcester, the Supreme Court read the Treaty of Hopewell, November 28, 1785, 7 Stat. 18, to be a grant of rights by — not to — the Cherokee, and held that the Tribe retained those aspects of their sovereignty not specifically ceded or surrendered. Id. 31 U.S. at 553-54. As the Supreme Court explained in United States v. Winans, 198 U.S. 371, 25 S.Ct. 662, 49 L.Ed. 1089 (1905), “the treaty was not a grant of rights to the Indians, but a grant of rights from them — a reservation of those rights not granted.” Id. at 381, 25 S.Ct. at 664. Accordingly, it is now well-established that, under the reserved rights doctrine, “Indian tribes still possess those aspects of sovereignty not withdrawn by treaty or statute, or by implication as a necessary result of their dependent status.” Wheeler, 435 U.S. at 323, 98 S.Ct. at 1086. “Because the Tribe retains all inherent attributes of sovereignty that have not been divested by the Federal government, the proper inference from silence ... is that the sovereign power ... remains intact.” Merrion, 455 U.S. at 149, 102 S.Ct. at 907. A necessary corollary to the rights of Indian tribes to self-government and to exclusive jurisdiction over their internal affairs is the principle that state law does not apply on the reservations. In Worcester, the Supreme Court held that the law of the State of Georgia had no force within the boundaries of the Cherokee Nation. “The Cherokee' nation, then, is a distinct community, occupying its own territory ... in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in conformity with treaties, and with the acts of congress.” 31 U.S. at 561; see also Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1, 8 L.Ed. 25 (1831). As the Court explained in Warren Trading Post v. Ari zona Tax Comm., 380 U.S. 685, 686-87, 85 S.Ct. 1242, 1243, 14 L.Ed.2d 165 (1965), “from the very first days of our Government, the Federal Government had been permitting the Indians largely to govern themselves, free from state interference.” See also Ramah School Bd. v. Bureau of Revenue, 458 U.S. 832, 846, 102 S.Ct. 3394, 3402, 73 L.Ed.2d 1174 (1982); McClanahan v. Arizona Tax Comm’n, 411 U.S. 164, 168, 93 S.Ct. 1257, 1260, 36 L.Ed.2d 129 (1973); Rice v. Olson, 324 U.S. 786, 789, 65 S.Ct. 989, 991, 89 L.Ed. 1367 (1945). Indeed, this Court followed the rule against state interference in internal tribal affairs in United States v. Charles, 23 F.Supp. 346 (W.D.N.Y.1938). In Charles, an action to set aside a deed, this Court held that the Tonawanda Senecas had the right to self-government and that this right rendered “[i]nterference ... by injunction of the state courts ... an unwarranted and unlawful disturbance of the right of the Indians to the free use and enjoyment of its tribal property and a violation of treaties guaranteeing these rights.” Id. at 348. The Court recognized that: The right of a tribe to govern itself in accord with tribal laws and customs without interference or dictation from the state courts has been upheld by the highest court of New York state. Mulkins v. Snow, 232 N.Y. 47, 133 N.E. 123; Patterson v. Seneca Nation, 245 N.Y. 433, 440, 157 N.E. 734. Id. The Supreme Court has continued to apply the rule that Indian tribes have the right to control tribal affairs on reservation lands, free from state interference. For example, in Fisher v. District County Court, 424 U.S. 382, 96 S.Ct. 943, 47 L.Ed.2d 106 (1976), the Court held that a state court may not exercise jurisdiction over an adoption proceeding in which all parties were tribal members, despite a tribal ordinance purporting to consent to such jurisdiction, explaining that “[t]he right of the Northern Cheyenne Tribe to govern itself independently of state law has been consistently protected by federal statute,” id. at 386, 96 S.Ct. at 946, and that: State-court jurisdiction plainly would interfere with the powers of self-government conferred upon the ... Tribe and exercised through the Tribal Court. It would subject a dispute arising on the reservation among reservation Indians to a forum other than the one they have established for themselves. As the present record illustrates, it would create a substantial risk of conflicting adjudications affecting the custody of the child and would cause a corresponding decline in the authority of the Tribal Court. Id. at 387-88, 96 S.Ct. at 947; see also California v. Cabazon Band of Mission Indians, 480 U.S. 202, 107 S.Ct. 1083, 94 L.Ed.2d 244 (1987); Montana v. Blackfeet Tribe of Indians, 471 U.S. 759, 105 S.Ct. 2399, 85 L.Ed.2d 753 (1985); County of Oneida v. Oneida Indian Nation, 470 U.S. 226, 105 S.Ct. 1245, 84 L.Ed.2d 169 (1985). Simply stated, when it comes to Indian affairs, state courts are courts .of limited jurisdiction. See United States v. Pawnee Business Council, 382 F.Supp. 54, 58 (N.D.Okla.1974) (rule that federal courts are without jurisdiction over internal Indian tribal affairs applies to state courts as well). These principles have long been applied by the federal and state courts in eases involving the Seneca Nation of Indians. The early history of their application was traced by the Supreme Court in Oneida Indian Nation v. County of Oneida, 414 U.S. 661, 671-72, 94 S.Ct. 772, 779, 39 L.Ed.2d 73 (1974): In The New York Indians, 5 Wall 761 [18 L.Ed. 708] (1867), the State sought to tax the reservation lands of. the Senecas. The Court held the tax void. The Court referred to the Indian right of occupancy as creating “an indefeasible title to the reservations that may extend from generation to generation, and will cease only by the dissolution of the tribe, or their consent to sell to the party possessed of the right of pre-emption,” id., [5 Wall] at 771, and noted that New York “possessed no power to deal with Indian rights or title.” Id., [5 Wall] at 769. Of major importance, however, was the treaty of 1794 in which the United States acknowledged certain territory to be the property of the Seneca Nation and promised that “it shall remain theirs until they choose to sell the same to the people of the United States.” Id., [5 Wall] at 766-767. The rights of the Indians to occupy those lands “do not depend on ... any ... statutes of the State, but upon treaties, which are the supreme law of the land; it is to these treaties we must look to ascertain the nature of these rights, and the extent of them.” Id., [5 Wall] at 768. As these decisions show, under the Treaty of 1794, the Nation holds the right of self-government and retains exclusive jurisdiction over its internal affairs. This authority includes the power to interpret the Constitution and laws of the Nation in such matters, to determine the composition of the Council, and to resolve employment disputes involving employees of the Nation’s government. The State Court action at issue here clearly implicates the internal affairs of the Nation. Indeed, it is difficult to imagine a more intrusive intervention into the internal affairs of the Nation than that which results from the Orders issued by the State Court. These Orders purport to decide who may serve on the Nation’s Council; to direct when the Council, as constituted by the State Court, is to meet and how it is to conduct its business; to void actions taken by the Council and the President at a prior meeting of the Council; and to compel the Seneca Tribal Police to enforce the State Court’s Orders against the President of the Nation. In addition, the State Court’s Orders ignore, and in some instances even contravene, the Orders of the Peacemakers Court. Accordingly, unless Congress has subsequently abrogated the Nation’s treaty rights to self-government and exclusive jurisdiction over its internal affairs, and granted jurisdiction over such matters to the courts of the State of New York, the State Court lacks jurisdiction over this dispute. B. 25 U.S.C. § 233 Does Not Grant Jurisdiction to the State Court Over the Internal Affairs of the Nation. The defendants-intervenors argue that 25 U.S.C. § 233 is a congressional grant of jurisdiction to the State Court over the subject matter of this dispute. The Court rejects this argument for three reasons. First, the Nation’s rights to self-government and exclusive jurisdiction over its internal affairs are treaty rights and cannot be abrogated absent a “clear and plain” showing that Congress intended to interfere with those rights, and defendants-intervenors have failed to make such a showing. Second, federal courts have consistently rejected constructions of treaties and statutes that would terminate or diminish the authority of Indian tribes over their internal affairs. Third, the Supreme Court’s analysis in Bryan v. Itasca County, 426 U.S. 373, 96 S.Ct. 2102, 48 L.Ed.2d 710 (1976) is controlling and, when applied to § 233, requires rejection of defendants-intervenors’ position. 1. There has Been no Showing that Congress Intended to Abrogate the Nation’s Treaty Rights. As discussed above, the Nation’s rights to self-government and exclusive jurisdiction over its internal affairs are treaty rights. In United States v. Dion, 476 U.S. 734, 106 S.Ct. 2216, 90 L.Ed.2d 767 (1986), the Supreme Court held that, in order for a court to hold that an Indian treaty right has been subsequently abrogated by Congress, it is “essential” that there be: clear evidence that Congress actually considered the conflict between its intended action on the one hand and Indian treaty rights on the other, and chose to resolve the conflict by abrogating that treaty. Id. at 740, 106 S.Ct. at 2220. The Court held that evidence of congressional intent to interfere with a treaty right must be “clear and plain,” id. at 738, 106 S.Ct. at 2219, and that “in the absence of explicit statement, ‘the intention to abrogate or modify a treaty is not to be lightly imputed to the Congress.’ ” Id. at 739, 106 S.Ct. at 2220 (quoting Menominee Tribe v. United States, 391 U.S. 404, 413, 88 S.Ct. 1705, 1710, 20 L.Ed.2d 697 (1968)). This language reflects the Supreme Court’s continued acceptance of “a principle deeply rooted in [its] Indian jurisprudence,” that “ ‘statutes are to be construed liberally in favor of the Indians, with ambiguous provisions interpreted to their benefit.’ ” County of Yakima v. Yakima Indian Nation, 502 U.S. 251, 269, 112 S.Ct. 683, 693, 116 L.Ed.2d 687 (1992) (quoting Montana v. Blackfeet Tribe, 471 U.S. at 766, 105 S.Ct. at 2403). Thus, under Dion, the defendants-interve-nors must show that there is “clear and plain” evidence that Congress “actually considered” the conflict between the proposed § 233 and the Nation’s treaty rights to self-government and exclusive jurisdiction over its internal affairs and chose to resolve the conflict by abrogating the treaty rights. Neither the language nor the legislative history of § 233 support such a conclusion. Nowhere in the language of § 233 is there a “clear and plain” statement that § 233 abrogates the Nation’s treaty rights to self-government and exclusive jurisdiction over its internal affairs. Indeed, the Treaty of 1794 is not even mentioned. Nor does the legislative history of § 233 show that Congress intended to abrogate the Nation’s treaty rights. To the contrary, the legislative history contains an express disclaimer of any intention to affect treaty rights. S.Rep. No. 1836, 81st Cong., 2d Sess. 2 (1950) (“This proposed legislation expressly subjects the Indians in the State of New York to the civil laws of that State, without impairing any ... rights under existing treaties with the United States.”). Accordingly, the Court finds that § 233 does not abrogate the Nation’s rights, under the Treaty of 1794, to self-government and exclusive jurisdiction over its internal affairs and the State Court, therefore, has no jurisdiction over this internal dispute. 2. Indian Tribes’ Right of Self-Governance Has Long Been Protected By Federal Law. Federal courts have consistently rejected constructions of treaties and statutes that would terminate or diminish tribes’ authority over their internal affairs. In Worcester v. Georgia, 31 U.S. (6 Pet.) 515, 8 L.Ed. 483 (1832), the Court held that the Treaty of Hopewell, November 28, 1785, 7 Stat. 18 (1785), between the United States and the Cherokee Nation did not explicitly provide for the termination of tribal control over the internal affairs of the Cherokee Nation despite strong language to that effect. Specifically, Article Nine of the Treaty provided: For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States, in Congress assembled, shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs, as they think proper. Worcester, 31 U.S. at 553. The Court refused to interpret the words “managing all their affairs” as a complete surrender of self-government, holding that to do so would be “a perversion of their necessary meaning.” Id. 31 U.S. at 554. Rather, the Court held the Cherokee grant to the United States of authority under Article Nine was restricted solely to matters relating to trade, which the Court found was the purpose of Article Nine. The Court considered it “inconceivable that they [the Cherokee] could have supposed themselves, by a phrase thus slipped into an article, on another most interesting subject, to have divested themselves of the right of self-government on subjects not connected with trade.” Id. The Court interpreted the phrase in the larger context of the balance of Article Nine. Since it “could not be ‘for their benefit and comfort,’ or for ‘the prevention of injuries and oppression’ ” for the Cherokee to give up all power over their own internal affairs, the Court held that it would be “inconsistent with the spirit” of the Treaty to give the expression that meaning. Id. Had the parties to the Treaty truly intended a total surrender of the authority of self-government, the Court reasoned that “it would have been openly avowed.” Id. 31 U.S. at 554. In Ex parte Crow Dog, 109 U.S. 556, 3 S.Ct. 396, 27 L.Ed. 1030 (1883), the Court subjected the language of a Congressional statute to the same high standard, holding that it did not manifest a sufficiently explicit intent to abolish the inherent powers of self-governance of the Sioux Nation. Article Eight of the Act of 1877, which enacted into law an agreement between the Sioux Indians and the United States, provided: And Congress shall, by appropriate legislation, secure to them an orderly government; they shall be subject to the laws of the United States, and each individual shall be protected in his rights of property, person and life. Act of February 28, 1877, 19 Stat. 254. Examining the Article in the context of the entire statute, the Court held that it would violate the spirit of the agreement — which was to allow Congress to take steps to “civilize” the Indians — to construe the article as a surrender of tribal self-governance, or to hold that its terms made Crow Dog subject to the criminal laws of the United States. The Court explained: The pledge to secure to these people, with whom the United States was contracting as a distinct political body, an orderly government, by appropriate legislation thereafter to be framed and enacted, necessarily implies, having regard to all the circumstances attending the transaction, that among the arts of civilized life, which it was the very purpose of all these arrangements to introduce and naturalize among them, was the highest and best of all, that of self-government, the regulation by themselves of their own domestic affairs, the maintenance of order and peace among their own members by the administration of their own laws and customs. Id. at 568, 3 S.Ct. at 404. Thus, the Court held that the phrase could not “have any more extensive meaning than an acknowledgment of their allegiance as Indians to the laws of the United States.” Id. at 569, 3 S.Ct. at 404. As mentioned earlier, in Talton v. Mayes, 163 U.S. 376, 16 S.Ct. 986, 41 L.Ed. 196 (1896), the Court held that, despite language in the Treaties of 1835, 7 Stat. 481, and 1866, 14 Stat. 803, between the Cherokee Nation and the United States, providing that the Constitution and the laws of the United States shall apply to the Indian territory, see id. at 380-81,16 S.Ct. at 988, the laws of the Cherokee Nation could not be limited by the United States Constitution. Since the powers of self-government exercised by the Cherokee Nation existed prior to the United States Constitution, the Court held that these powers were not conferred by the national government and were thus not restrained by the Constitution. Id. at 384, 16 S.Ct. at 989. Finally, in Santa Clara Pueblo v. Martinez, 436 U.S. 49, 98 S.Ct. 1670, 66 L.Ed.2d 106 (1978), the questions posed were first, whether the Indian Civil Rights Act, 25 U.S.C. § 1302, waived tribal sovereign immunity from suit, and second, whether the Act authorized an implied cause of action to enforce its terms. The Court answered both questions in the negative. With respect to the claim of immunity, the Court held that “a waiver of sovereign immunity cannot be implied, but must be unequivocally expressed.” Santa Clara Pueblo, 436 U.S. at 58, 98 S.Ct. at 1677 (citations omitted). Applying the rule, the Court found that “[n]othing on the face of [the Indian Civil Rights Act] purports to subject tribes to the jurisdiction of the federal courts in civil actions for injunctive or declaratory relief,” id. at 59, 98 S.Ct. at 1677, and held that tribal sovereign immunity had not been waived by the Act. The Court also refused to imply a cause of action under the Act. Id. at 59-72, 98 S.Ct. at 1677-1684. In so holding, the Court expressed its concern for the protection of tribal self-government in words that have equal application here: [P]roviding a federal forum for issues arising under § 1302 constitutes an interference with tribal autonomy and self-government beyond that created by the change in substantive law itself. Even in matters involving commercial and domestic relations, we have recognized that “subjecting] a dispute arising on the reservation among reservation Indians to a forum other than the one they have established for themselves” may “undermine the authority of the tribal cour[t] ... and hence ... infringe on the right of the Indians to govern themselves.” 436 U.S. at 59, 98 S.Ct. at 1677 (citations omitted). The Court concluded by stating that “[a]s we have repeatedly emphasized, Congress’ authority over Indian matters is extraordinarily broad, and the role of courts in adjusting relations between and among tribes and their members correspondingly restrained.” Id. at 72, 98 S.Ct. at 1684. These cases all support the proposition that an Indian tribe’s right to self-government cannot be abrogated absent an unequivocal expression of Congress’ intention to do so. Section 233 is not such an expression. The plain language of § 233 does not authorize courts of the State of New York to become embroiled in internal political disputes amongst officials of the Nation’s government. If it were Congress’ intent to allow the State Courts to have jurisdiction over such disputes, it would have expressly said so, but it did not. Significantly, § 233 does not provide for State Court jurisdiction over suits against the Nation itself. Had Congress intended to abrogate the Nation’s rights to self-government and exclusive jurisdiction over internal tribal affairs, it would have made sense for Congress to provide for State Court jurisdiction over suits against the Nation. The fact that it did not, indicates that Congress did not intend for the State Courts to have jurisdiction over these types of internal disputes. 3. Bryan v. Itasca County is Controlling. In Bryan v. Itasca County, 426 U.S. 373, 96 S.Ct. 2102, 48 L.Ed.2d 710 (1976), the Supreme Court held that the grant of jurisdiction set forth in § 4 of Public Law 280, 67 Stat. 589, 28 U.S.C. § 1360 (“P.L. 280”), was limited to “private civil litigation involving reservation Indians in state court.” Id. at 385, 96 S.Ct. at 2109. At issue in Bryan was whether the grant of state civil jurisdiction “over civil causes of action between Indians or to which Indians are parties” set forth in § 4(a) of P.L. 280, was a “congressional grant of power to the States to tax reservation Indians,” limited only to the extent that such jurisdiction was specifically excluded by the terms of the statute. 426 U.S. at 375, 96 S.Ct. at 2104. The Bryan decision sets forth the principles to be applied in construing a statute delegating jurisdiction over Indian affairs to a state, and its analysis applies to the question of whether the grant of civil jurisdiction in § 233 extends state jurisdiction over the internal affairs of the Nation. Indeed, courts in this Circuit have held that § 233 is to be read in a manner consistent with P.L. 280 and the principles of Bryan. In United States v. Burns, 725 F.Supp. 116, 125 (N.D.N.Y.1989), the court explained: The grant of civil and criminal authority to New York in 25 U.S.C. §§ 232 and 233 is very similar [to] that which was granted to a number of western states in Public Law 280, 18 U.S.C. § 1162, 28 U.S.C. § 1360. The Supreme Court has determined that Public Law 280 does not constitute a grant of general regulatory authority to the states to which it applies. See [Bryan v. Itasca County, 426 U.S. 373, 385, 96 S.Ct. 2102, 2109, 48 L.Ed.2d 710 (1976); California v. Cabazon Band of Mission Indians, 480 U.S. 202, 107 S.Ct. 1083, 94 L.Ed.2d 244 (1987) ]. And, due to the similarities between the statutes, the same is true with respect to the grant of civil jurisdiction found in 25 U.S.C. § 233. See People v. Snyder, 141 Misc.2d 444, 532 N.Y.S.2d 827, 830-31 (Co.Ct.1988). (emphasis in original). On appeal, the Second Circuit both interpreted § 233 in the same manner as P.L. 280, and relied on Bryan in support of this construction, stating that: The prohibitory/regulatory distinction was developed to aid in the interpretation of Public Law 280, which granted certain states general criminal and civil (but not regulatory) jurisdiction over specified areas of Indian country. See [Bryan v. Itasca County, 426 U.S. 373, 380-81, 96 S.Ct. 2102, 2107, 48 L.Ed.2d 710 (1976) (footnote omitted) ]. The distinction was created to protect Indian sovereignty from interference by the states, precluding states from asserting civil regulatory powers over the Indian tribes.United States v. Dakota, 796 F.2d 186, 187-88 (6th Cir.1986). United States v. Cook, 922 F.2d 1026, 1035 (2d Cir.), cert. denied, 500 U.S. 941, 111 S.Ct. 2235, 114 L.Ed.2d 477 (1991). In Bryan, the Court began its analysis by setting out the established rule that in the absence of a congressional grant, states have no authority to tax Indian activity on the reservation, and defining the issue as whether § 4 of P.L. 280 was such a grant. 426 U.S. at 376-77, 96 S.Ct. at 2105-06. The rule is the same here, that is, state jurisdiction over the internal affairs of an Indian tribe would exist only if Congress granted such jurisdiction, and the question presented is whether Congress has done so in § 233. The Bryan Court then turned to the language of § 4, which describes the extent of the state court’s civil jurisdiction in terms that are nearly identical to § 233. Both statutes extend civil jurisdiction over cases “between Indians” or to which Indians are parties, and both limit the grant of civil jurisdiction to that which the state courts have in other civil cases. Section 4 defines such jurisdiction as existent “to the same extent that such State ... has jurisdiction over other civil causes of action,” while § 233 states that it exists “to the same extent as the courts of the State shall have jurisdiction in other civil actions and proceedings.” In sum, both statutes define the state courts’ jurisdiction in the same basic terms. Neither statute contains any language that purports to extend state court jurisdiction over the internal affairs of an Indian tribe, and there are no court decisions that hold such a construction is proper. As previously stated, there is certainly no “clear and plain” intent in § 233 to terminate the exclusive jurisdiction of the Nation over its internal affairs under the Treaty of 1794, as would be required to support such a construction under Dion, 476 U.S. at 738, 106 S.Ct. at 2219. Nor could such a construction satisfy the standard established by the Supreme Court’s decisions in Worcester, Ex parte Crow Dog, Taitón, and Santa Clara Pueblo discussed supra. Finally, even if such a construction were plausible, it would necessarily be rejected by the rule of construction that ambiguities in statutes affecting Indian rights must be construed in favor of the Indian tribes. As the Court stated in Bryan: [W]e must be guided by that “eminently sound and vital canon,” Northern Cheyenne Tribe v. Hollowbreast, 425 U.S. 649, 655 n. 7 [96 S.Ct. 1793, 1797 n. 7, 48 L.Ed.2d 274] (1976), that “statutes passed for the benefit of dependent Indian tribes ... are to be liberally construed, doubtful expressions being resolved in favor of the Indians.” Alaska Pacific Fisheries v. United States, 248 U.S. 78, 89 [39 S.Ct. 40, 41, 63 L.Ed. 138] (1918). See Choate v. Trapp, 224 U.S. 665, 675 [32 S.Ct. 565, 569, 56 L.Ed. 941] (1912); Antoine v. Washington, 420 U.S. 194, 199-200 [95 S.Ct. 944, 948-949, 43 L.Ed.2d 129] (1975). 426 U.S. at 392, 96 S.Ct. at 2112. The rule is the same today, Merrion, 455 U.S. at 152, 102 S.Ct. at 909; White Mountain Apache Tribe v. Bracker, 448 U.S. 136, 143—44, 100 S.Ct. 2578, 2583-84, 65 L.Ed.2d 665 (1980), and the principle is well-settled. Montana v. Blackfeet Tribe, 471 U.S. at 766, 105 S.Ct. at 2403; County of Oneida, 470 U.S. at 247, 105 S.Ct. at 1258. Accordingly, the express language of § 233 defeats any claim that it authorizes the State Court to exercise civil jurisdiction over internal tribal affairs. Even assuming arguendo that the language of § 233 could be so construed, application of the Bryan analysis still requires rejection of defendants-intervenors’ position. The Court’s analysis in Bryan turned on the legislative history of § 4, and the “canons of construction applicable to congressional statutes claimed to terminate Indian immunities.” 426 U.S. at 379, 96 S.Ct. at 2106. The same analysis is controlling here. The legislative history of § 233 shows that, like P.L. 280, § 233 was “primarily intended to redress the lack of adequate Indian forums for resolving private legal disputes between reservation Indians, and between Indians and other private citizens, by permitting the courts of the States [in this ease New York State] to decide such disputes.” Bryan, 426 U.S. at 383, 96 S.Ct. at 2108. Section 233 was first introduced as a bill in 1948 along with a companion bill conferring criminal jurisdiction over reservations in New York. See 25 U.S.C. § 232. The bills were a response to the Second Circuit’s ruling in United, States v. Forness, 125 F.2d 928, 932 (2d Cir.), cert. denied sub nom. City of Salamanca v. United States, 316 U.S. 694, 62 S.Ct. 1293, 86 L.Ed. 1764 (1942) that “state law does not apply to the Indians except so far as the United States has given its consent.” Shortly after the Fomess decision, New York established the Joint Legislative Committee on Indian Affairs which prepared and submitted to Congress drafts of the two bills. See generally Gerald Gunther, Governmental Power and New York Indian Lands — A Reassessment of a Persistent Problem of Federal-State Relations, 8 Buffalo L.Rev. 1, 14-17 (1958); Comment, The New York Indians’ Right to Self-Determination, 22 Buffalo L.Rev. 985, 994-96 (1973). Extensive hearings were held on both bills in 1948. See Hearings on S. 1683, S. 1686, S. 1687 Before the Subcommittee of the Senate Committee on Interior and Insular Affairs, United States Senate, 80th Cong., 2d Sess. (1948) (hereinafter “1948 Hearings”). The primary concerns expressed at these hearings were about the perceived jurisdictional void then existing in criminal matters, which the bill proposed to cure by confirming state jurisdiction over criminal cases, and the ability of Indians to sue or be sued in state courts. The Secretary of the Interior, in his report on the proposed civil bill, noted that but for the Seneca Nation, “none of the New York tribes [had] civil courts to which tribal members might resort for settlement of their disputes.” Id. at 7. He concluded that “[a]t present the Indians of the New York reservations do not have adequate opportunities for resort to the courts for a redress of wrongs.” Id. at 8. The need for a forum to adjudicate disputes between Indians and non-Indians was repeated by a representative of the New York Legislative Committee on Indian Affairs. Id. at 213-14. There are no indications in the legislative history that Congress intended to permit the State of New York to interfere in internal tribal affairs with the limited grant of civil court jurisdiction. Of particular concern to Congress was the ability of New York Indians to obtain employment and enter into contracts. Non-Indians feared business dealings with Indians because it was not clear that non-Indians would be able to obtain judgments against Indians in order to enforce the terms of a contract. Leighton Wade, Counsel for New York’s Joint Legislative Committee on Indian Affairs, explained that: If the implications of the Forness case are true, you couldn’t be sure that a person who loaned an Indian $10 would be able to go into the courts of the State of New York and get a judgment — I don’t say to touch his reservation land, but even to get a judgment to establish that the Indian owes him the money. Id. at 214. Therefore, he noted: The State of New York has no desire to inflict its own laws on the Indians if the Federal government will go about to provide some laws which will be binding upon these people and will apply to the ordinary relationships and intercourse between other citizens of the State and Indians. Id. at 215. In a statement submitted to the Congressional Record