Keith Tyler

Native North Americans

Dec. 14, 1998

The recent story of the Maine Indians and other Indians in New England are unique ones. They are generally considered success stories, when compared to the more common (but no less worthwhile) stories of tears and plight. The advances of the Passamaquoddy, Penobscot, Pequot, and other small Northeast tribes give the promise of a new age of Indian cultures as thriving ones.

The overlying theme of these tribes' stories is the idea of Indian peoples beginning to substantially overcome the injustices against them which they (and we) have commonly come to expect. As is rare to native American history, here we see victories of Indian people over the system of government policies and bureaucracies which has traditionally pushed or kept them down. These tribes, through a bit of worldliness, acceptance, and good fortune, have been able not only to achieve financial gains, but in some cases, assert some concrete self-sovereignty over their lands and people.

How have these tribes come into these successes? Clearly there has been a change in the mindset of many of the Indian people, to differing extents among the many tribes. In order for these victories to be won, Indians as a group have had to have gone through certain experiences, have a certain renewed sense of tribal identity, and a radical shift in attitude about how that identity can fit in with the modern world and a new lifestyle.

We know through Crow Dog (1990), much of the assorted American Indians during the 1960s and early 70s went through a period of intense political activism which rivaled that of the more famous African-American movements. As these outbursts gained public attention, and embroiled themselves in law-breaking and even government counter-activity, they found themselves involved in questions of law. Most of the militancy of these movements seem to have died out by the 1980s, and most of their leaders had either died or settled down, out of the political mess. But others carried their youthful rage over into a mature passion, and public leaders such as Means and Banks became politicians, starting a move toward an Indian presence in government, politics, and law.

At the same time, Indian reservations in New England (and elsewhere) had suffered a general exodus of its younger members into the white man's world. The idea of the Indian tribe was largely lost among Indians. Some had left to become educated at schools or colleges, or just to enter the waged workforce. Others, like Crow Dog, were simply wanderers and lost kids. These came on top of the historical tragedies of relocating Indian people to different places and sometimes over great distances. In any case, by the late 20^th century, Indians had moved away from the tribal lands, struggled in the labor market, mixed racially with whites and other races, and most importantly, become somewhat accustomed to white culture.

But in the 70s, with the Pequots for example, a few Indians, or Indian descendants, returned to their tribal lands with a mission to bring their fellow Indian descendants back (MPMRC, 1998). In order to do this, they had to bring some elements of white culture into the reservations, in order to make them appealing to their lost brethren. Quality housing, plumbing and utilities, and employment factored greatly in this effort. This requires a new sense of tribal identity being one which is not centered so much with living off the land in the traditional way, but with Indian identity in the modern sense of ethnicity within the workings of the modern (i.e. white man's) world. "If we are going to be a tribe, people have to be here (MPMRC, 1998)," said Richard Hayward, a Pequot leader.

With the shift of the Indian fight into the white political world, and the new sense of tribal identity in a modern/white world, Indians began to see that their goals may be possible within the white man's rules. Instead of fighting against the white system, Indians, especially in New England, apparently began to fight the white man within his own system. The hiring of lawyers by tribal interests, which became a necessity near the end of the activist period with many leaders being tried in major criminal cases, and of tribal-federal lawsuits, became important.

Indians also took advantage of white sympathizers, like Thomas Tureen, who were willing to help them in their fight (Levey, 1980). This was a bit of good fortune. Tureen is a prominent figure in Passamaquoddy and Penobscot legal dealings. His generally selfless perseverance in aiding the Maine Indians is celebrated. Working under federal grant money, at far less than his market value as a lawyer, Tureen crafted artful legal proceedings and navigated harrowing negotiations with the State of Maine and the federal government to hit the mark in the Indians' land claims deal. He also attracted support from more widely renowned legal scholars (like Cox), and by delivering a win for the Passamaquoddy, brought them into a brighter spotlight.

We see that a new trend in Indian perspectives, on both sides, was instrumental in bringing about general legal victories, such as the Maine settlement (25 U.S.C. 1721), the Gaming Regulation (25 U.S.C. 2701), and Mohegan Tribe v. Connecticut. Along with private, state, and federal lawsuits, Indians started taking out loans, buying land, and asking for money from federal aid programs like HUD (MPMRC, 1998). This new age of Indian litigation (during the current age of increasing litigation everywhere) brought with it a new age of Indian commercialism. But unlike previous forms of "Indian commercialism," this new age is one where Indians assert themselves as the owners of the means of commerce.

Hayward knew that there not only had to be homes and people, but sustainable income in order for Indians to start returning to the reservation. The Pequots tried their hand at a number of cottage industries, but none proved to be useful as sources of income. Poor access to markets made most projects unreasonable, and bad soil made for poor crop returns. After their own land claims settlement came through, they bought a small restaurant, which was the first maintainable source of income. But the best financial engine for the Pequots - and for Indians in many places - would be gaming.

The Pequot bingo hall kicked off the expansion of the reservation, bringing all the comforts of modern life to the tribe, as well as available jobs. With the advent of the Indian gaming establishment began the return of many displaced or lost Pequots (MPMRC, 1998). Later, with the great success of the Foxwoods casino, the Pequot land became a rich and modern city all its own. Today's Mashantucket sports its own police force, its own jail, and its own court system, with a small jurisdiction. "That's true sovereignty (MPMRC, 1998)," says Henry Sockbeson, a Pequot-hired lawyer. The ability of the tribe to make, essentially, its own law enforcement system is a symbol of the tribe's ability to control its own destiny - competing at par with a white world.

The Passamaquoddy rely not just on gaming operations, but have also invested their legal winnings smartly in nearby industries such as foresting, cement, and established produce industries. Where the Pequots and other tribes look to expand their economic base by building on their land, the Passamaquoddy look off the reservation for financial opportunity. Meanwhile, still other tribes, like the Micmacs and Maliseets, are just starting to gain lands to call their own, and with which to develop or invest (25 U.S.C. 1721, and 105 Stat. 1143, as cited in the former's LEXIS file).

Many tribes look toward the successes of Indian-owned gambling, such as the Mohegans who just a few years ago were given permission to build their own casino not far from Foxwoods. Tribes around the U.S. have opened successful casinos and resorts, attracting loads of tourists and generating lots of revenue. Others like the Passamaquoddy expand into other industries. With much of the traditional Indian skills lost after years in the white world, and the ability to sustain oneself or one's tribe insufficient for modern survival, real tribal strength in the 90s is derived from financial prosperity, and not so much on the traditional ways of tribal life. The Indians of the next century may prove to rise back from the earth as small, proud nations like before the white man came, in a way that again challenges his own desires for power.

Crow Dog, Mary. (1990). Lakota Woman. New York: Harper Collins.

Mashantucket Pequot Museum and Research Center (MPMRC). (1998). "Building the Dream." [Online]. Available: http://www.mashantucket.com/update/home.html

Levey, Robert. (4/4/1980). He's a specialist at the 'Indian bar.' Boston Globe.

Maine Indian Land Claims Settlement. (1980). United States Code, Title 25, Sect. 1721-35. [LEXIS].

Indian Gaming Regulatory Act. (1988). United States Code, Title 25, Sect. 2701-21. [LEXIS].

Mohegan Tribe v. State of Connecticut. (1980). 483 F. Supp. 597. [LEXIS 9849].

Court system, police built around Pequot casino. (6/15/1994). Indian Country Today (Lakota Times). [CD-ROM]. Available: Ethnic NewsWatch (1994+).