SPECIAL REPORT ON NON-FEDERALLY RECOGNIZED INDIANS

A. Introduction

"There are Indians who would divide us over custom, or living off the reservation, or leaving the area of our childhood. Being Indian today cannot be exactly the same as it was, in external appearance or custom. Indian identity is not frozen in time or once-and-forever preserved." 1

There is a story told among Algonquin people of a time when a terrible war broke out in the animal kingdom between the creatures of fur and the creatures of feather. Of all the creatures the little sparrow was opposed to the war. When the creatures of fur came to him to enlist his help, he said he could not for he was a creature of feather. When the creatures of feather came to him, he claimed he could not help them because he was a creature of fur. When the day of the great war arrived all the creatures found it impossible to fight: the birds would not fight on the ground and the furred creatures could not take to the air. So the war was abandoned. Pleased that peace had been restored, the sparrow went to rejoin the creatures of feather but was turned away. "You were not one of us when we were at war; you are not one of us now." He tried to join the creatures of fur only to be told the same. Thus, not having joined either side during the war, he now found himself not accepted by either side during the peace.

The plight of non-federally recognized Indian people throughout the United States is akin to that of the sparrow. They are caught between a mainstream culture from which they remain isolated and independent and which discriminates against them, and a system of federal recognition for the purpose of special services that does not acknowledge their historical past or present existence. Relegated to the status of receiving services at the agency's convenience, these Indian communities are compelled to cope with local, state and federal bureaucracies which assess their community needs without concern for their Indian identity or their varied demographic circumstances.

The various tribes and communities encompassed by the category "non-federally recognized" are widely varied in community structure, relationship to the mainstream, and geographic distribution. They are scattered throughout New England, the Southeast, Southwest, and Pacific Northwest. Some are organized as communities and have abandoned formal tribal structures. Others continue to exist as tribes and may enjoy a special legal relationship with the states in which they reside. Still others have had federal recognition but lost it during the termination era of the 1950's.

Particularly east of the Mississippi River where the rapid colonization and settlement of the New World quickly engulfed the Indian

1 Unpublished Hearing before the Task Force on Indian Education held at Pembroke, North Carolina. April 1976, Vol. I, p. 11.

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people and surrounded them with European communities, historical records of these Indians are scarce and fragmented. According to Samuel Stanley and William Sturtevant, Office of Anthropology at Smithsonian Institution, aside from research done on the more familiar tribes, i.e.. the Iroquois, Catawba and some of the Maine Indian groups, little information is known about these communities of which there are over 70 with populations ranging from less than ten to over 30.000.2

It is impossible to provide even an adequate listing of these groups, much less relatively reliable population figures or any information on economic situations. But it is clear that nearly all these groups are badly disadvantaged and that many of them have genuine historical grievances which obligate the larger society to assist them."

In fact, the only known record of history of these communities often appears to be that retained in people's memories and handed down with each generation.

Thus, from the perspective of historical researcher or Congressional investigator, it is especially difficult to delineate and document the history of these communities, their legal and political relationships to the colonial governments and the state governments that succeeded them, the factors that have shaped their present circumstances, to conduct such an in-depth study would require voluminous, timeconsuming research. Yet some of these communities have shared problems and experiences which allow one to illustrate the problems and unmet needs of non-federally recognized Indians. Therefore, this discussion will focus on selected tribes in the Northeast, Southeast, and Southwest in order to delineate a cross section of problems with which non-federally recognized Indians are confronted.

B. Historical Perspective

In piecing together available historical data and testimony of witnesses before the Task Forces of the American Indian Policy Review Commission, a common experience emerges that ties non-federally recognized Indians together. Early in their history, a legal relationship had existed between the community and some mainstream political entity, be it the Federal or state government or early colonial government. Over a period of time, that relationship eroded until, with shifts in the political entity's policies, it has implicitly or explicitly ceased to exist as will be illustrated in the following pages:*

1. New England and Long Island

Every area in New England and Long Island was inhabited and owned by Indians at one time. Lands were farmed and hunted on a relatively systematic basis. In many areas, there were large established towns. Through war, pestilence, outmigration and other means, the Indian populations of this region were drastically diminished over the last several centuries. Presently, there are 15 to 20 thousand Indian people residing in the New England and Long Island area. The large majority of these people are the descendants of Algonquian Tribes

2 William C. Sturtevant and Samuel Stanley, "Indian Communities in the Eastern States," The Indian Historian, I, No. 3 (June, 1968), 16.

3 Sturtevant and Stanley, p. 16.

Harriet Price, A Compilation of History and Analysis of Testimony Presented by Indians of the Northeast before the American Indian Policy Review Commission (paper prepared for the Task Force on Non-Federally Recognized Tribes, April, 1976).

which have for all recorded history resided in the area east of the Hudson and south of the St. Lawrence Rivers.

The recurrent problem of these tribes and communities has been the systematic reduction of tribal land holdings, which in some instances is complete. With or without proper deeds, most stretches of tribal lands have left tribal control. Many of these transactions occurred long before the United States was founded in 1776. The failure of the federal government to protect these tribes after the passage of the Indian Trade and Intercourse Act of 1796 led to the further decimation of Indian lands by the states. Within the New England and Long Island region, there remain eleven current reservations and there are also numerous former reservations and tribally controlled land holdings (broken up by state powers), where Indians continue to live. By far the largest portion of the Indian population, however, lives away from these areas in urban centers and in rural, non-reservation communities.

Before beginning the State by State review, it may be of some use to make generalizations about the cultural and historic experience of the various tribes. As a convenience, they are considered in two groups: the Northern Tribes (also referred to as the Wabanaki Tribes) and the Southern New England and Long Island Tribes. This distinction should not be overdrawn, however. Half the "Northern" group now live in Southern New England. And, as has always been the case, they continue to influence each other both culturally and politically.

There are eight reservations in Southern New England and Long Island. There are: in Connecticut, Eastern Pequot, Western (Mashantucket) Pequot, Schagticoke, and Paugusett (Golden Hill); in Massachusetts, Nipmuc (Hassanamisco) and Wampanoag (Watuppa); and on Long Island, Shinnecock and Poospatook. There are also numerous reservations which were sold or broken up by the states. Four major former reservations are: in Connecticut, Mohegan; in Massachusetts, Mashpee and Gay Head Wampanoag; and in Rhode Island, Narragansett. In each of the four cases, the tribes have maintained tribal churches on what remains of tribal lands. The former Wampanoag reservation at Herring Pond also retains an Indian church.

The tribes in Long Island, Massachusetts, Connecticut, and Rhode Island have had an experience in many ways different from those to their north and east. Three points of difference are of particular note: First, the southern tribes were missionized by Dutch and English Protestants who, for religious reasons, taught Indians reading skills. As early as the 17th century, some tribal members were reading religious tracts in English. Samson Occum, the Mohegan leader, was one of the founders of Dartmouth College, as well as an ordained minister (2-453). The Northern tribes were missionized by French and later by Irish Catholics, who opposed the onslaught of New England Yankee culture well in the 20th century; this opposition included resistance to public education, which was seen as undermining the Catholic faith.

A second distinctive factor in the southern tribes' experience is their long involvement in New England maritime industry, especially whal

5 Numbers appearing in parentheses refer to the volume and page number of the hearing transcript cited.

ing. A large proportion of the men of the tribes traveled around the world on whaling ships. This probably lead to a more cosmopolitan outlook than that of the tribes to their north. (It is an interesting side light that Lincoln's Ambassador to Haiti was a Pequot Indian from Connecticut.) Similarly, from early times, many southern New England Indians had experience in urban areas. It is certain that they have been relatively more involved in the major social changes of the 19th century than the tribes to their north.

A third factor of note which distinguishes the southern tribes from those to their north is the large westward migration of many Indians under the leadership of Samson Occum beginning at the end of the 18th century. The settlements of Stockbridge in Massachusetts, Brotherton in New York, and New Stockbridge in Wisconsin (now the Stockbridge-Munsee Reservation) were made up largely of Connecticut and Western Massachusetts Indians. Richard Haywood, Tribal Chairman of the Western Pequots, told the history of this event to the Hearing panel:

In 1776, probably a lot of you are familiar with the migration of a lot of Indians from the area. They met, there was a group that met in 1776 at the Mohegan Church in Norwich, the group that moved Brotherton, New York, they were composed of Narragansetts, the Pequots, the Mohegans, the Long Island tribes, they all gathered and they met for three days and after three days of discussions, they decided that they should leave this portion of this land because of white enroachments on the land. They moved the Brother to New York. However, they did not move out totally. All of the people did not leave the Brother and go to New York. A number of people remained on the reservation, remained on the land. Our tribal rolls would indicate that after the migration west of 1776, the people that moved in 1776, that there were still numerous Indians living on the reservation at Mashantucket. (2-388)

Despite the impact of all these events, the tribes of Southern New England have retained aspects of both physical and traditional culture. There continue to be tribal herbalists and religious leaders. And, many traditional crafts are still in use. Very little knowledge of tribal languages, however, is retained.

Almost all Southern New England tribes have reorganized under state charter. (The use of State corporate charter of this purpose had been tested in the courts; Eastern Cherokee is so organized). The Eastern Pequot and Paugusset may be the only groups now using a corporate form. The Narragansetts' reorganization took place in the early 1930's at the same time many tribes were restructuring tribal government through the Indian Reorganization Act. Tribal government structure on Long Island is formalized under State legislation. The Shinnecock and Poospatuck tribes are each lead by three trustees. The Poospatuck adopted a new tribal constitution in the 1960's. Northern Groups (The Wabanaki Tribes)

The Passamaquoddy, Penobscot, Micmac, Maliseet, Abenaki and Sokoki historically belonged to the Wabanaki confederacy of northern New England and eastern Canada. They were among those tribes referred to as the "French Indians" or "Catholic Indians" during the 18th century. They now have almost 40 reservations in Maine, the Gaspe Region of Quebec, New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland. Only three of the reservations are in the United States; Penobscot and two Passamaquoddy reservations in

Maine. There are 11 to 12 thousand members of Wabanaki tribes in New England. The Abenaki and Sokoki of northern New Hampshire and Vermont have little contact with the Maine-Maritime tribes during the 20th century. (1-115-6) The Passamaquoddy, Penobscot, Maliseet, and Micmac Tribes, however, have maintained ties over the years. All the Wabanaki tribes but one having pending or potential aboriginal land claims in the United States. The Micmacs are the largest of the six tribes and have the largest population of all groups in the New England-Long Island area.

For the most part, the Wabanaki tribes have remained relatively isolated in rural areas and on reservations. Major emigration to the cities of Massachusetts and Connecticut occurred primarily since World War II. In many regions, tribal members retain knowledge of native music and religion, hunting, and trapping methods, birchbark and splint-ash basketry, herbal medicine, etc. The Maliseet, Passamaquoddy and Micmac languages are spoken by a majority of tribal members. English is the first language for most Åbenaki, Sokoki and Penobscots in New England.

The Passamaquoddy and Penobscot tribes, like the Shinnecocks and Poospatook of Long Island, have their tribal government structure formalized within State legislation. These tribes have rather elaborate governmental structures including a Governor, Lt. Governor, School Board and Housing Authority for each reservation and a tribal Representative to the Legislature (with a seat and speaking privilege in the Maine House of Representatives) for each tribe.

However, the Micmacs and Maliseet have no tribal government organizations in the United States; these tribes, however, have extensive tribal government on their reservation. The Abenaki Council of Vermont operates without a State Charter. The Council is a reorganization of the Missiasik (or Missisaquois) Abenaki as well as related Sokoki and Abenaki bands. The Abenaki and Sokoki tribes are also organized in Quebec Province under the Canadian Indian Act.