1
10
4
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/24627f7afa2aea7f4c230535b4722ea9.pdf?Expires=1712793600&Signature=Y8JjDPaVLgqRJHuCknvGfmHIuKLHshstM%7E0IsqMe6G0K655CYK04yfoueojqH3G0UW2ypHh9T90nrqByLCje7ObxwDxAMutmxmv95Hl0BQdhNOdH4h5n6jVYBKpm%7EBEfm0vkSs7gsFpzpoMtzDhhzSgdRR0LreyBfbbIHuKbPr0BevYUv6bKy-CbtsZv6Zj6gi5WGanVJZvf-w6Yt91pgZCX12RRrw7ZA4xOVdx1Azecb-5oKPjomrC1ecpottN2XK1iwHSZlmkneaupvYaj8aCM-dJ7H-COLkTNdotHXLwg13Q%7EJ-SS4p%7EYJFcG9yiHRsuhOUQ0caS2KbfnAZqOdQ__&Key-Pair-Id=K6UGZS9ZTDSZM
2ec0ce1c0a3bc5a4df648d82f79432f8
PDF Text
Text
Edmund S. Muskie Archives
& Special CoHactions Library
FOR RESEARCH PURPOSES ONLY
Reproduced in accordance with
Title 1; uses
This material may be subject to
copyright restrl\.tlona
MEMORANDUM
TO:
Senator Muskie
June 21, 1978
FROM: Jim Case
RE:
Administration~s
Indian Bill
The attached draft legislation encompassing part A of the
Task Force proposal has been provided by Eliot ~or your and
Senator Hathaway's informal comment. Minor drafting revisions
will be made but this is essentially the bill which the White
House will submit to Congress.
Eliot requests our comments on the bill as drafted as well
as on how and when transmittal and introduction should be handled.
Eliot now plans to send copies of the bill to the Governor,
the Attorney General and the major landowners with a cover letter
advising that the bill will be introducedsoon &welcoming comments.
The bill would be transmitted to Congress shortly thereafter.
The bill ratifies all transfers of Indian land as of the
date of transfer and extinguishes aboriginal title as of the
date of transfer except for parc~ls larger than 50,000 acres.
State land· ·in the: ·cla.im ·area· r~niains · ·subj'ec·t · to 1.i tigation.
The · bill as drafted includes as ·· landowners with more
than 50,000 acres, the same 14 landowners listed at the time
the Joint Memorandum was released.
Thus the Pingree Heirs,
John Cassidy Timberlands, Webber Timberlands and the Webber
Family would remain subject to litigation.
It appears that
these entities hold undivided but divisible interests -in
excess of 50,000 acres.
~
~l~l
f
t
yJ.;~·
~
~."'.ll~
As you may recall we have been contacted by representa;.)· \
tives of these landowners questioning -their status under the
White House proposal.
We have referred those letters to the
.
/ \
·
.
White House task force for clarification. Attached are sample 1, //,~ 1~
~~~
copies of our correspondence.
It is unfortunate
that the
( .' 1
c-:1(;_,
~
ta~us of these family holdings add an unnecessary and muddy
·p
.
issue to the legislation.
Tom tureen takes the position that -~
J
their inclusion was part of the trade off for release of other~
claims but if you wish to take a strong stand on this part the
\~ministration might be willing to exclude these landowners.
1:/K
v} .•
~t~
rj
)
·
~
nn
Sec. 7(A) of the draft statutorily recognizes the Passamaquoddy and Penobscot Tribes for purposes of federal services.
This provision is likely to raise red flags with the Attorney
General as prejudging the status of the tribes in any subsequent
I
�MEMO - ESM'
June 2 1 , 1 9 7 8
Page two
litigation.
Tureen maintains that the District Court and
Circuit Court decisions in Passam~quoddy v. Morton decided
this issue.
If Tureen is right this provision is unnecessary
and shou.ld be stricken.
If Tureen is wrong Joe Brennen's
- concerns are legitimate and the provision should be striken.
I believe the White House is .amenable to this also.
/
/
./ ~ .
r
J
,
\
The language in the statement of findings may be unnecessarily offensive to the state and the private landowners.
I
would suggest that it is only necessary to describe what
Congress is doing, i.e., removing the cloud over small land
owners and not describe what is not being , i.e., leaving the
state and private landowner subject to suit.
~/
~
,y
~
!
I
. ·./
l
.
Sec. 6(b) and Sec. 8(b) are somewhat unclear to me.
They
represent an· attempt to head off litigation against the same
land by other Indians or . Indian tribes, i.e., the MicMacs and
the Maliseets.
It is critical that such suits be foreclosed
but the appro~ch used in the dr~~t seems awkward and leaves the
.private landowners in the claim area subject to any claims £rom
oth~r tribes if they exceed $25,000,000.
----
It is. probably inappropriate to ask the White House to
fjnally address the issue of potential MicMac or Maliseet claims.
The state ii concerned about this issue, however, and Ron Banks
has suggested that Mic Mac or Maliseet claims would be better
founded.than Passamaquoddy claims.
Senator Hathaway would like to request the President to
claims by other·tribes in Maine.
He has suggested
the attached joint letter to the President.
If you wish to
join Senator Hathaway in see~ing clarification of this issue I
recommend a shorter more general letter.
~nvestigate
There is ·a thresho'Id question as to what extent you wish
to become involved in the drafting of this bill.
If we insist
on certain changes we may create an assumption in the administration that we will support the bill th~y send up. · You may wish to
distuss this situation with Lipshutz to avoid misunderstanding as
we proceed at a staff level.
I will pursue these points with the Administration or
provide additional details to you as you wish.
�• ,te• •
~~- ;;.. r .. ~
..
.
~
Edmune\ S. Muskie Arc~ives
& Special Collections Library Y
FOR RESEARCH PURPOSES o.NL .
Reproduced in accqrdance With
Title 11 uses . to
This material may b~ ~ub}e~t
cQQyright restnct1on~
A
B I
L L
To provide for the settlement of certain land claims of
the Passamaquoody and Penobscot Indian Tribes of
Maine, and for other purposes~
Be it enacted by ·the Senate and House of
Representatives of the United States o£ America in Congress
assembled, that this Act may be cited as "The Passamaquoddy
and Penobscot Indian Claims Settlement Act of 1978."
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
Sec. 2(a)
·congress hereby finds and declares
that -{1)
The Passamaqu9ddy and Penobscot
Indian Tribes are asserting claims for damages and for
possession of l$rge areas of land in the State of Maine,
on the ground that the original transfers of the lands
by the Tribes to the States of Massachusetts and Maine
were made in violation of the Trade and Intercourse Act
of 1790, or subsequent versions thereof.
(2)
Congress recognizes that substantial
economic and social hardship to a large number of landowners
in the State of Maine, and therefore to the economy of the
State as a whole, will result if parts of the Tribes• claims
are not resolved immediately.
�(3)
of
2 -
At the same time, it is the desire
congress to preserve, for the present time, the Tribes'
claims to at least a portion of the areas to which they assert
rights, pending a comprehensive solution to the Tribes' overall
claims.
(b)
Therefore, it is the purpose of this
Act to remove the cloud on the titles to millions of acres
of land in Maine resulting from the Tribes' claims, while
at the same time pre£erving the Tribes' opportunity to
assert their claims with
r~spect
to certain lands held
by the State of Maine and tracts held by private landowners
in excess of a minimum acreage.
DEFINITIONS
Sec. 3
For the purposes of
(a)
thi~
Act, the term --
"Partial Settlement Area" means those
areas identified on the attached Map A, which is hereby
made a part of this Act, and generally defined as:
(1)
i
1---
that portion of the Penobscot
River watershed in the State of Maine above
l
(2)
j
Eddingto~
Bend;
that r portion of the St. Croix
River watershed in the State of Maine above Baring Plantation:
and
(3)
that portion of the Kennebec
River watershed east of the eastern shore of Moosehead Lake.
�- 3 (b)
"Passamaquoddy and Penobscot Indian
Reservatiohs" means that portion of the Passamaquoddy Indian
Reservation and the Penobscot Indian Reservation in the
possession of the Passamaquoddy or Penobscot Indian Tribe
or their members as of February 10, 1978, as identified
~
on the attached Map B, which is hereby made a part of this Act.
(c)
areas identified on
"Indemnification Area" means those
~he
attached Map C, which is hereby
made a part of this Act, and generally defined as:
[Note: This area, which is
approximately 10 million
J
acres, needs to be identified
by the Tribes.]
~
(d)
"Titleholder" means a private
individual, corporation, trust, county, municipality,
or other entity, not including the State of Maine, which
holds record title to real property in the State of Maine.
A tenant in common, joint tenant, or any other person who
holds an undivided interest in a tract of real property
~
I
shall be deemed to be a titleholder to the extent of his
undivided interest in the entire unpartitioned
t~act.
A
'
titleholding subsidiary and its titleholding parent shall
be regarded as a single titleholder •.
(e)
the
interior~
~secretary"
means the Secretary of
�-
(f)
4 -
"Land or natural resources" means
any real Rroperty or natural resources, including but not
necessarily limited to minerals, timber, water and water
rights, and rights to hunt and fish.
(g)
"Transf~rs"
includes but is not
necessarily limited to any sale, grant, lease, allotment,
par~ition,
conveyance, or any transaction the purpose of
which was to effect a sale, grant, lease, allotment,
partition, ·Or conveyance.
RATIFICATION OF PRIOR TRANSFERS
AND EXTINGUISHMENT OF INDIAN TITLE
Sec. 4(a)
Except as provided in subsection (c),
any transfer of land or natural resources located anywhere
within the United States, other than in the Passamaquoddy
and Penobscot Indian Reservations, from, by or on behalf of
the Passamaquoddy or Penobscot Indian Tribe or any member
thereof, including but not limited to a transfer pursuant
to any statute of any.state, shall be deemed to have been
made in accordance with the Constitution and all laws of
the United States that are specifically applicable to transfers
of land or natural resources from, by or on behalf of any
Indian, Indian nation, or tribe of Indians (including but not
limited to the Trade and Intercourse Act of 1790, Ch. 33,
§4;
1 Stat. 138, and all amendments thereto and all subsequent
versions thereof), and Congress does hereby approve and
rat~fy
any such transfer effectivelas of the date of said transfer.
�-
(b)
land or
n~tural
5 -
To the extent that any transfer of
resources described in subsection (a)
may involve land or natural resources to which the
Passamaquoddy Indian Tribe or Penobscot Indian Tribe had
aboriginal title, subsection (a) shall be regarded as an
extinguishment of such aboriginal title as of the date of
said transfer.
(c)
Within the Partial Settlement Area,
subsections (a) and (b) shall apply only to 50,000 acres
of real property, and rights incident thereto, per record
titleholder as of February 10, 1978, for which application
has been approved under Section S(c).
(d)
By virtue of the approval and ratifica-
tion of a transfer of land or natural resources effected by
this section, or an extinguishment of aboriginal title
effected thereby, all claims against the United States,
any state or suqdivision thereof,
or
any other person or
entity, by the Passamaquoddy or Penobscot Indian Tribe, or
any individual member thereof, arising subsequent to the
transfer involving such land or natural resources, and
based
o~
the Constitution or laws of the United States
specifically applicable to transfers of land or natural
resources from, by or on behalf of any Indian, Indian nation,
or tribe of Indians, including but not limited to claims
for trespass damages or claims for use and occupancy, shall
be regarded as extinguishedlas of the date of the transfer.
�- 6 -
..
ADMINISTRATIVE IMPLEMENTATION
Sec. S(a)
Within thirty (30) days after the
date of enactment of this Act, the Secretary shall cause
to be published in the Federal Register a list of all
titleholders who held title to more than 50,000 acres of
.
.
land in the Partial Settlement Area as
oJ
February 10, 1978.
The Secretary may amend the list to correct errors at any
time prior to final approval of designations pursuant to
subsection (c).
(b)
Any titleholder identified in
subsection (a), or any successor in interest thereto,;rnay,
within sixty (60) days of publication of the list specified
in subsection (a) or any subsequent amendment of the list
pertaining to such titleholder, file an application with
the Secretary designating which 50,000 acres of the titleholder's
.
total holdings should be suqject to section 4(c} of this Act.
(~)
After notice and opportunity for
hearing, the Secretary shall approve the applications filed
I
under subsection (b) if he finds that they conform to the
j·
extent possible with the following general criteria:
l.
(1)
I
i
tracts should be selected in such a
way as to minimize checkerboard patterns of ownership;
(2)
the most densely populated areas
of a titleholder's total holdings should be included within
the 50,000 acre exemption;
,,
,~~
!
;
l,-.
-•
.
~
--
-.._,.~
•• - I -
�- 7 (3)
ongoing business operations,
including but not limited to rnillsites, should be included
1
within each 50,000 acre
(4j
exemption~
and
any timber lands included within
each 50,000 acre exemption should be representative of the
titleholder's overall holdings.
If the Secretary concludes that any application
aoes not satisfy the foregoing general criteria, he may modify
the titleholder's p~oposed'designation to the extent necessary
to achieve substantial conformity with those -criteria.
Secretary shall
the~
(d)
The
approve the designation as modified.
Any person aggrieved by the Sec!etary's
approvals or modified designations may seek judicial review
by filing a petition for review in the United States Court
of Appeals for the First Circuit not later than sixty (60)
days after publication of the Secretary's approvals or
modified designations.
The Secretary's determinations shall
not be set aside unless they are found to be arbitrary,
capricious or an abuse of discretion.
ESTABLISHMENT OF FUND AND INDEMNIFICATION
Sec. 6{a)
The Secretary of the Treasury shall
establish a trust fund account for the Passamaquoddy and
Penobscot Indian Tribes and shall transfer $25,000,000 from the
�8 general funds of the Treasury into such account following
the appropriation authorized by section 9 of this Act.
The Secretary of the Interior shall be the trustee of such
fund and shall administer such fund in accordance with
terms established by him and agreed to by the Tribes, except
that no part of the principal of the
fun~
shall be distributed
among the members of the two Tribes on a per capita basis.
The
Secretary of the Interior shall make available to the Tribes,
without liability to the United States, any income derived
from such fund, which income shall be divided equally between
the two Tribes and
~he
use of which shall be free from
-
reg~lation
by the Secretary.
(b)
The
~
pri~~cpal
of the fund established
by this section shall be invested only in securities of the
United States until the expiration of the statute of limitations
provided for in section 8(b) of this Act, or until every
action brought pursuant thereto ana· involving claims within
the Indemnification Area, has been determined by a final order
of a court of competent jurisdiction which is no longer subject
to appeal, whichever is later, In the event that by final
order of a court of competent jurisdiction which is no longer
subject to appeal, such a claim within the Indemnification Area
is upheld and an award made to the plaintiff, the $25,000,000
deposited in the fund established by this section shall, under
procedures established by
t~e
Secretary, be used to pay the
award or to indemnify the defendant(s) to the extent of the
value of the award.
�- 9 SERVICES AND ASSISTANCE TO TRIBES
Sec. 7{a)
The Passamaquoddy and Penobscot
Tribes and the members of those tribes are deemed to be
"Indian tribes" and nindians," respectively, within the
meaning of Federal statutes ·· authorizing the provision of
services and assistance to Indians because of their status
as Indians by or through any department, agency or
instrumentality of the United States.
(b)
The pr_ovisions of the Act of June 18,
1934 {48 State 484), as amended, are extended to the
Passamaquoddy and Penobscot Tribes and to the .m embers of
those Tribes.
LIMITATION OF ACTIONS
Sec. 8{a)
Notwithstanding any other provision of
law, any action to contest the constitutionality of this
Act shall be barred unless the complaint is filed within one
hundred eighty {"180) days of the date of enactment of this Act.
Exclusive jurisdiction over such actions is hereby vested in the
United States District Court for the District of Maine.
I
I
: I
I :
'
I
I
I
(b)
Notwithst~nding
any other provision of law,
any and all other claims involving or in any way relating to
land or natural resources within the State of Maine, by or on
behalf of any Indian, Indian nation or tribe of Indians,
arising under the Constitution or laws of the United States
that are specifically applilable to transfers of land or
�- 10 natural resources from, by or on behalf of any Indian, Indian
nation or
~ribe
of Indians (including but not limited to
the Trade and Intercourse Act of 1790, Ch. 33, §4, 1 Stat.
138, and all amendments thereto and all subsequent versions
thereof), shall be barred unless filed in a court of
competent jurisdiction on or before April lr 1980.
·Upon
expiration of this period, the provisions of sections 4(aj,
{b) and {d) of thjs Act shall apply to any such claim which
has not been filed.
Sec. 9
.
There
AUTHORIZATION
).
is hereby authorized to be
appropriated $25,000,000 to carry out the purposes of this
Act.
INSEPARABILITY
Sec. 10
In the event that any provision of Section
4 of this Act is· held invalid, it is the intent of Congress
that the entire Act be invalidated.
i
I
.!
I
I
f
�()
-r . . ., . . ._\ .
"''-"''
-
_...,_.,..-
Dea r Mr. P resident:
As you know, cl<iims by the passamaquoddy and Penobscot
Indian tribes for the return of over 1/2 of the State of
}1 a in e have p r e o c c. up i e d_ t h e s t a t e a n d i t s r e s i dents for
nearly two years.
A suit by o f f reservatjon Passamaquoddy and Penobscot
Indi3ns against the state ~as recently filed.
Regardless
of the merits or strength of this claim, it raises the
issue as to whether there are other inchoate Indian land
cJaims in the state which may be brought in fuiure years,
e v c n t h o ugh t h e s_e:: p Tin c i p Gl 1 c 1 a i ms may have b c en r e s o 1 v e d .
The question J1as frequently been raised as to whether
tJ1e Micmacs and the 1'-'ialiseets mig11t 11:.1ve any aboriginal
c J a i ms t o l and ·h h i c h t 11 e y c o u J d b r .i n g a g a in s t t h e s t a t e or
i t s 1 an do, . .n e r s . Su c h s u i t s , even i f s ma 11 e r in scope ,
could t hreat en the sa me type of economic disrupt ion ,, h i ch
the me r e p e n den c y o f the pre s en t c 1 3 i ms h 3 s brought . [A- statute of limitations on the time ,,Then any such suits might
v'--) / be b r 0 ugh t in the s t :1 t e l\ 0 u 1 d b c a ·s._\1 e f u 1 s t e p ' but d 0 e s n 0 t
~\ I help to bf.~!!..
~_!:.X.Si-=es-ol\:·e-the threat of additional Indian J and
~
j cJaims in the state.\
7
7
l
I'
1
' l __
I
.--._)
Yo u r .-'.:1. d mi 11 i s t r a t i o i1 h ~i s s u p p o r t c d t J1 e e f f o r t s t o f in d
a workabl e resolutjon of the cxjsting clHims. As you know,
I agree ·with the need to find an c~ nd to the uncertajnty
and cloud on tjtle which tl1e clai ms have brought to the state.
I fee 1 t h a t i t i s imp o r t a n t , 11 o -1\, e v e r , t J·1a t t h e i s s u e o f
all Indian claims in the state be addressed as soon as
p os s i b 1 e .
The f i r s t s t e p in a d d r c s s in g t h a t i s sue i s t o
do a thorough investigation of what other Indian claims
there may be and whether such claims, if they potentially
exist, have any legal merit.
I t may b e t 11 at such an in v e s t i g a t ion h as b e en done by
your P. d min i s t rat i on c I f s o , I w o u 1 d a p p r e c i at e k n o \\ in g t h e
results of that investigation.
If it has not been done, I
ask that you undertake such an inquiry as soon as possible.
I t may w e 1 1 b e t 11 a t t h e r e i s n o b a s i s f o r a n y o the r c 1 a i ms ,
o r t J1 a t s u c h c J a i ms ~~ o u 1 d 11 a v e 1 i t t 1 e o r no 1 e g a 1 me T i t .
I f t h "a t i s t h e c a s e , i t ,,,o u 1 d b e v e r y us e f u 1 to k n ow . 0 n
the other hand, if there are other potential claims, such
an i n v e s t i g a t ion a n d eva 1 u a t i on ·w o u 1 d g i v e b o t h t 11 e
P. d Jn i n i s t r a t i on an d t h e Con g r c s s t 11 e o p p o r t u n i t y to d e a 1
1·: i t h tho s e pot c n t i a 1 c 1 ;1 i ms in a n i n f o r me d manner .
1
' i
I
..
t
,.
I
I
~
I very much appTcciate your continuing concern on
this problem, 8nd your efforts to heJ.p resolve these claims.
Wi t h b e s t lv i s h e s ,
,
!
. i
I
1
I
I
I
I
I
i
i
~
��
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
The Edmund S. Muskie Papers
Description
An account of the resource
A selection of documents from the Edmund S. Muskie Papers have been provided by by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Additional information about the collection can be accessed on their <a href="http://abacus.bates.edu/muskie-archives/?_ga=1.58550314.1828118176.1485979172">web page</a>.
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Identifier
An unambiguous reference to the resource within a given context
BATES005
Title
A name given to the resource
Memo to Senator Edmund Muskie from James Case (Muskie's Chief Legislative Assistant) with draft legislation that the White House intends to submit to Congress encompassing Part A of the Task Force proposal for settlement of Maine Indian Land Claims (06/21/1978)
Date
A point or period of time associated with an event in the lifecycle of the resource
6/21/1978
Source
A related resource from which the described resource is derived
The Edmund S. Muskie Papers
The Edmund S. Muskie Papers, Box 2151, Folder 1. The Edmund S. Muskie Archives and Special Collections Library, Bates College, Lewiston, ME
Language
A language of the resource
English
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Subject
The topic of the resource
Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Prior permission is required for any commercial use.
Draft Bill
Eliot Cutler
James Case
Maliseet
Micmac
Senator Edmund Muskie
Senator Hathaway
White House Task Force
White House Work Group
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/520a2ae6590ebcbf4d1fd270a7ecce72.pdf?Expires=1712793600&Signature=Zk2TdjslvfGT95ux9H1i-jlQU5ut1QMid3n6rjR9BiX6422HXX5oOM6cCtYGrbHnLv6wVQ-I5Njc8eD8uo%7Esa4iFIl%7EOt4i75nRrJH0CWINgf%7EXFcVnHWX0w2ARCgPiZ7OQ91bE3RjpEOFZ1VMud0VfQ-yeJ%7EHl0XzufeSssz%7EKOoWAshmL%7E0nApxqb97uH87Z8pFmcUP4pHwHR7-eKCw3mhHTeN7ZMYSf61CA0c9Ej4q4P2FUFW9CR-UBnweZoT20ktPDwUKsbV5HrIuy-wr44VRqhZEjDiNwxXIjMnUYitphDAQWAuy8E7XbULbrla%7E9a5xopr%7Ed7tJ%7EL5uAm3bA__&Key-Pair-Id=K6UGZS9ZTDSZM
cffa8c32539af6683ab6742efa62006d
PDF Text
Text
Edmund
,.,'"'· ~!
& 'Sp '' ' 1 "
.
FO~.
s. ML•skie Archives
CoiiPrtinn~
.
Library
· i IJNLY
.
h
ReprodUCidlJ II 1 av~.J• ... .::.love ~v't{
Title 11 uses
This material may b~ ~ubject to
copyright restnct1ons
MEMORANDUM
September 5, 1979
TO:
Jim Case
FROM:
Estelle Lavoie
RE:
Summary of my June 27 meeting with representatives
of the Micmac and Maliseet Tribes.
.
On Wednesday morning, June 27 ,. I met with several representatives of the Micmac and Maliseet Tribes of Aroostook County
to discuss their desire to obtain federal recognition and with
it, federal funds, and their land claim for Aroostook County.
Present were Maynard Polchies, President of the Association of
Aroostook Indians, Inc., John Joseph, James Tomah, Jim Wherry,
John Stevens -- former Passamaquoddy tribal governor who has
been hired to assist on this endeavor, and Gregory Buesing of
the Federal Regional Council in Boston.
Several factors prompt them in pursuing a settlement with
the federal government:
1) The state's withdrawl of funding and services, presently
totaling $500,000 beginning next fall;
2) The April 1, 1980, statute of limitations on the filing
of claims under the Nonintercourse Act;
3) The refusa~ of the present Passamaquoddy leadership to
cut them in on any settlement they may get out of their land
claim;
4) A statement, in the Joint Memorandum of Understanding,
which would preclude any further claims to the land claimed
by the Penobscots and Passamaquoddies.
Background
There are today approximately 1500 Micmac and Maliseet
Indians scattered in Maine. While there is no reservation or
land area set aside for them, the largest group of Maliseet Indians
numbers 300 to 400, lives in a particular section of Houlton, and
calls itself the Houlton band. The Maliseets, which are somehow
related to the Passamaquoddies in terms of blood line and lineage,
say they have a land claim to most of Aroostook County, potentially
three million acres. Because their chiefs spoke along with the
�1~~
?
MEMORANDUM
TO:
Jim Case
Page Two
Passamaquoddy chiefs at the time the now-famous 1800 treaties
were.signed, they believe they also have a valid claim to federal
s .e rvices. The Micmacs have no land claim and the Bureau of
Inqian Affairs would apparently be reluctant to give them services
under any condition.
While the major Indian land claim was brewing during the mid1970's, the Passamaquoddy leadership at that time, including
John Stevens, apparently told the Micmacs and Maliseets that they
would share some of the proceeds of their land claim settlement
once it was finalized and suggested that their northern brothers
remain quiet during the course of negotiations. The new
Passamaquoddy governors are no longer promising anything, and the
Aroostook Indians, who are quite poor, are naturally concerned
about their future well-being since the state is also cutting off
all services.
In order to protect themselves, the Aroostook Indians have done
some historical research on their origin and done some genealogical
studies. Attached is a copy of their report. It was obvious to
me, during the course of the meeting, that the tribes really were
not · sure how to proceed and had done very little in terms of
substantive legal research. They do not want to sue the
Passamaquoddies and Penobscots for land. On the other hand, they
know they will be totally destitute without any kind of state or
federal assistance.
They wanted to know Senator Muskie's thoughts on their report and to have his guidance.
I simply replied that an additional
land claim would not make matters easier and that Muskie really
had no opinion on their report.
When pressed for their precise claims, they replied:
1)
Federal services;
2) A non-residential land base, for social and cultural
purposes primarily, They have not identified any tracts
of land, and gave a preliminary figure of 10,000 acres.
I will add in closing that, at the time of the meeting, these
Indians had no legal counsel. Tom Tureen has told them that he
(and the Native American Rights Fund) would be in conflict if he
represented them as well as the other Maine tribes. While the
Micmacs and Maliseets are quite poor and said they couldn't afford
to hire counsel, they have obviously discovered a means to obtain
legal representation.
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
The Edmund S. Muskie Papers
Description
An account of the resource
A selection of documents from the Edmund S. Muskie Papers have been provided by by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Additional information about the collection can be accessed on their <a href="http://abacus.bates.edu/muskie-archives/?_ga=1.58550314.1828118176.1485979172">web page</a>.
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Identifier
An unambiguous reference to the resource within a given context
BATES004
Title
A name given to the resource
Internal memo from Muskie staffer Estelle Lavoie to James Case regarding a meeting with the Micmac and Maliseet Tribes (09/05/1979)
Date
A point or period of time associated with an event in the lifecycle of the resource
9/5/1979
Source
A related resource from which the described resource is derived
The Edmund S. Muskie Papers
The Edmund S. Muskie Papers, Box 2150, Folder 10; Muskie Archives and Special Collections Library, Bates College, Lewiston, ME
Language
A language of the resource
English
Description
An account of the resource
Internal memo from Estelle Lavoie to James Case (while both were working for Senator Edmund Muskie) regarding a meeting on June 27, with representatives from the Micmac and Maliseet Tribes, to discuss their desire to obtain federal recognition and request Senator Edmund Muskie's guidance.
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Subject
The topic of the resource
Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Prior permission is required for any commercial use.
Estelle Lavoie
Gregory Buesing
James Case
James Tomah
James Wherry
John Joseph
John Stevens
Maliseet
Maynard Polchies
Micmac
Senator Edmund Muskie
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/4b9e923f6a1630aeb318bde735ed86ca.pdf?Expires=1712793600&Signature=g-O9YrC7%7Ez3RHoofacurUIur-gPtT7QKnnqkIzytY2QfEjJnxGzOZdgvZUqcPBIlq2ROSy5bhvmzGmuj7osi7C5Obzc0948s4amlbTsQFtTfhHuSAO5KLbSwK7YnPBu9gwq2aFmzThCkX3XgAjrzrzSr5IXtOrZnWMOoW6i6X501cTK1NV0Yfp8HwVdjNEtjEij4Z-IInuMVwaIWqahjYDQh%7EKJ4auM1qiz0nIKYjWVRdUNaJ12s64YRUSHvk1GH2F3IZXA8cxtTdYZmKZdFMm3Slk7UTvV7CMPh0xYZRnYOscXZETcAUPHE6ZX5DTvFLUpVQ7LnUA%7EOH2kUdAt8uw__&Key-Pair-Id=K6UGZS9ZTDSZM
614aec107169c38e01b7aa1623980004
PDF Text
Text
\
\
}
~tale
o6 GYFiaine
~·
OFFICE OF THE GOVERNOR
AUGUSTA, MAINE
04333
FOR IMMEDIATE RELEASE
STATEMENT OF GOVERNOR JOSEPH E. BRENNAN
REGARDING THE INDIAN LAND CLAIMS SETTLEMENT
March 21, 1980
M skle Archives
EdmundS. u · ns Library
& special Colle~~pOSES ONLY
FOR RESEARC~ r ccordance with
Reproduc~d In~ uses
Tl~le 1 be subiect to
1
Th .s matenal mav . . "
•
copyng
nt 1estnct1on<>
I have promised to make my decision on the proposed Indian
land claim settlement public this morning.
I have asked the President of the Senate, Joseph E. Sewall,
and the Speaker of the House, John Martin, to join me today.
As
leaders of the Legislature, they are the two other ranking representatives
of the- people of our state. Their presence underscores the tremendous
importance of this issue to all the people of Maine and affirms the
bi-partisan nature of our efforts to resolve this litigation.
As you know, the original claims were of incredible dimensions.
The Penobscot and Passamaquoddy tribes have argued that their
lands were transferred illegally between 1794 and 1834 to the states
of Massachusetts and Maine, and to private citizens.
They claimed that
the consent of the federal Congress was necessary before these lands
could be conveyed -- but that the consent was never given.
So these claims are nearly 200 years old.
They involved nearly half the state-- more than 12 million acres.
-more-
�-2And the claim for the lost rental value of the land topped
$25 billion.
So long as these claims exist, there will be a threat to the
transfer of property in northern and eastern Maine.
There may also be a serious problem with selling state bonds.
These two problems could potentially seriously affect the economy
of our state.
Since these claims were first brought to court in 1972,there have
been a number of decisions concerning the legal status of Haine's
Indians.
First, in 1974 in Passamaquoddy Tribe v. i·1orton, the Naine Federal
District Court and the Circuit Court in Boston both decided that the
Maine tribes were entitled to the representation of the United States
government in assessing the validity of the claims against the state.
Subsequent decisions have suggested that these tribes are entitled
to the same kind of sovereign immunity as western tribes and even to
application of federal law in federal courts in crirr.inal cases.
Elsewhere in the country a very confused and uncertain picture
has emerged as to the status of Indians all over the eastern United
States.
During much of this claims period I served
~·f.:!ine
as Ar:cor:1.2?·
General and was directly and daily involved in the p=oblems
prese~ted
by the Indian claims.
~.;_fter
t~e
~.r2ry
exte~sive
conside:-ation, I for:n-2·:. ::he ccr:clusi.or: that:
legal claims of these tribes
c~~~d
-me-re-
be
s~ccessfu:lv
d~~~nded.
�-3-
I continue to hold to that conviction.
I believe that if this case has to be tried. the state will
ultimately prevail.
However, there is very respectable legal
~
authority which believes that· litigation ~auld mean some risks.
I believe that the Congress did in fact ratify the land transfers
and that it has always acted as if the land belonged to the non-Indi2n
owners.
But with a claim of this magnitude, you may be sure that every
party would take every appeal, exhaust every avenue, and
every issue to the bitter end.
litiga~e
This prolonged legal combat "Y7ould
undoubtedly require one and possibly several appeals to the United
States Supreme Court.
litigation.
It would probably take another decade of
It \.vould certainly take hundreds o:f thousands, if not
millions of dollars, to resolve.
And during this long period, as I
noted, there could be adverse economic consequences for the state
and the people.
Because of these considerations, because of these potential costs,
I have always felt that, while the state would ultimately win, the
best interests of the people could be bette= served if we could
achieve a fair and equitable settlement.
We have tried · to achieve such a settlement
be~ore.
Two years ago, the President appointed Judge Gunther, a
Georgia Suprerne · Court Justice,
to look
i~to
reti~ed
the matcer and make
recommendations.
But, his report called .:or
to the settlement he
p~cposed,
~he
and
donat:..on of s ::ate land and :ncr..e·-'
~as,
ther2~ore
~ejected.
�' 1
-4Later a "White House Work Group" came up \vi.th a scheme that
not only would have required the state to contribute $25 million,
but also would have forced private lando\mers to "sell" their land
for $5 an acre.
Needless to say, this was totally unacceptable to us.
Then, in the fall of 1978, the so-called Hatha\o;ay Plan was
advanced.
This solution called for the federal government to create
a $27 million trust fund for the tribes and a $10 million land acquisition
fund with r.vhich to ?Urchase 100,000 acres.
any terms regarding jurisdiction.
This proposal did not have
Those would be worked out later.
This settlement was agreed to by former Governor Longley: Senators
~uskie
and Hathaway and Representatives Emery and Cohen and myself
as Attorney General, but never came to fruition.
~~ith
this difficult history, Attorney General Cohen beg2n anew
the negotiations a year ago.
At the outset of his negotiations I
laid down
t~·lO
principles
for a settlement which I always believed were absolutely essential
before I
could accept any agreement.
First, the claims should not be settled with any state money.
Second, the sovereignty of the state government
ove~
all the land
and a:.l the people of Haine should not be compromised ir1 2.ny subst:antia.l
way.
I
have
al~v-a:rs
been guided by these
t~vo
principles because I have
alwavs believed that the people of Maine were 2uiltv of no wrongdoing
.J
•
-
'-""
m:-h-er and,t::,.erefore, should not have to pay
:nay have :nade.
-more-
fo~
""
c._:
t:,.e Elistakes och2:-s
-
�-5-
Likewise, I have always believed that all the people of Maine,
regardless of race, religion, ethnic origin or sex should be
treated equally.
could not have a "nation within a nation."
\~e
I have examined this settlement very carefully, both step-by-step
as the parties were developing it over the last year, and as a whole
since it was submitted to us about two weeks ago.
Part of the settlement proposal involves the state and the
people of Maine and requires the approval of the Legislature and
the Governor.
I
am satisfied that this part meets my two tests.
It does not involve state money.
And it does not diminish the sovereignty of the state as we have
known it.
On the contrary, this proposal offers the potential for building
a whole new relationship with our Indian citizens, a relationship unlike
that which exists in any other state.
By treating the Indian territories as municipalities, this settlement
provides that our Indian citizens will be on a substantially equal footing
with their fellow citizens in other towns for the first time in our
history.
The Indians would be full-fledged citizens responsible for
their own services, taxes, welfare and destiny, just like the other
people in every other Maine town and city.
I am hopeful that this settlement will mark a new era in which
Indians will live and govern with the same dignity and self-respect
is other citizens.
-more-
�\
-6-
So this settlement would not only elirinate a ·3erious threat
of prolonged, expensive and unproductive litigation, but would
also promise an opportunity for a new beginning for the members of
these tribes.
I am sure that these considerations have
l~d Preside~t
Sewall
and Speaker Martin to join me here today, for as you can see, this
is a jurisdictional agreement that is of major and lasting significance
and one that transcends
all considerations of partisan interest or
selfish political gain.
So I will introduce legislation concerning jurisdiction to settle
and conclude the role of the state in this continuing contro'. :-ersy.
Obviously, this legislation and this Legislature cannot and will not
address the federal questions raised by the potential settlement
between the tribes and the present land owners and the federal government
itself.
Tl1e tribes and the landowners have appparentl:r reached an agreerr..ent
for the sale of some 300,000 acres for an announced price of $54 million.
This would be, in addition, as I understand it, to the $27 million
trust fund proposed in the old
Hath~~ay
Plan.
I was not involved on this aspect of the proposed
settle~ent.
Anci understandably so.
It is not our land
I : is not our
~oney.
We were never in a position to
in auestion.
-more-
eval~ate
the true value ot
t~e
�-7~ior
were we in a position to dictate how or how much federal
money would be spent.
These are issued that can only be addressee by our national
counterparts --the President of the United States and the Congress.
And I know that, just as ;..;e have been evaluating very closely
the state jurisdictional issues. our Congressional delegation will
be scrutininzing the money aspect of this settlement very closely.
I
will only say that for any resolution on the federal level
to be successful, it Hill require the same kind of bi-part:i..san
spirit Senator Sewall and Speaker Martin have represented at the
state level.
I
am sure you can all imagine the disarray and
confusio~
which
would be caused if Senators Muskie and Cohen and Representatives
figu.~e.
Emery and Snowe each advocated or endorsed a different
But I know that they all well understand the
i~mense
of a fair and equitable settlement to all the people cf
i~portance
~aine
--
I~dian
and non-Indian alike.
So I am very hopeful that after their careful deliberation -;;.;ith
the parties, oer Congressional representatives
~ill
consensus and present the united front so important to
reach a
~he
seccess
of this settlement.
I
fig~re
will, of course, support the ultimate consensus
they
develop.
In conclusion, I am hopeful that wich
and the enact:nent of the legislat:i..cn I
Le;:i..slat~re,
~e ~~~l ~ake
t~e
Indian
~and
cl~iills
jurisd:i..c~i0nal
case.
agree~ent
submit t:J the :·!a:i..:1e
significant ?regress ccwari
~ucscanding proble~ fac~ng ~aine
:z
~..;ill
~his
~
solu:ion
~a
~~e
cocay -- t~e juac and equ~:2~~2 ~eso~~=~:~
�-8-
I want to thank President Sewall and Speaker Martin for joining
me ror this occasion in an ecumenical and non-partisan basis.
I believe they share my hope that this settlement will bring an
end to this difficult problem in a way that ensure justice for
all the citizens of Maine.
•"':"·-J
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
The Edmund S. Muskie Papers
Description
An account of the resource
A selection of documents from the Edmund S. Muskie Papers have been provided by by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Additional information about the collection can be accessed on their <a href="http://abacus.bates.edu/muskie-archives/?_ga=1.58550314.1828118176.1485979172">web page</a>.
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Identifier
An unambiguous reference to the resource within a given context
BATES002
Title
A name given to the resource
Statement of Governor Joseph Brennan regarding the Maine Indian Land Claims Settlement (03/21/1980)
Date
A point or period of time associated with an event in the lifecycle of the resource
3/21/1980
Source
A related resource from which the described resource is derived
The Edmund S. Muskie Papers
The Edmund S. Muskie Papers, Box 2353, Folder 11, The Edmund S. Muskie Archives and Special Collections Library, Bates College, Lewiston, ME,
Language
A language of the resource
English
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Subject
The topic of the resource
Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Prior permission is required for any commercial use.
Governor Joseph Brennan
Jurisdiction
Municipality
State Sovereignty
-
https://d1y502jg6fpugt.cloudfront.net/26761/archive/files/4190ff0f22eafcdc93857f3e34a17b63.pdf?Expires=1712793600&Signature=LHhal0srMNxDeg2g2Cvyco6vz3NvhbU7y3L4obECvO6caGrxHoC07%7E-bRP67H0sWJ3SwBAxPXDYYdGTH4FXh0HyX-5Sm-VHNb25EtsdiF0MUVvRyJgFG12RnF9XB6SYmPNkA7GYNj7NsUawuCRh-u2Cu16S3s0KcRbJ4zysdTL4mG7R1tQjSE8cLn-KG%7EF1fEqRFJOdawD5tu6dQsHsdiJkaR4RyCVzhJM6gg5selePAxOSaHwhEivYuH9GBfFkZhmaxx7lLb2cQLfq60rIg77adEtcWN11X1QKnh4rPS4RUy1UWz4tgI0HncUW9osPThzGDTq7lSUB%7ES2h4YZ-8Zg__&Key-Pair-Id=K6UGZS9ZTDSZM
9d5bb1c2cf7cd2a3d6c870c37885535b
PDF Text
Text
..
THE ASSOCIATION OF AROOSTOOK INDIANS, INC .
~ · a~
'I
P. 0. Box 223
HOULTON, 1\I.AINE 04730
..
MAYNARD
PO~CHIES
PRf:SIO!:HT
May 10, 1979
TEL: 532-7317
JOHN JOSEPH
TRf:I\SU!tltR
JOvtE TOMPKINS
Mr. Forrest Gerard
Assistant Secretary for
Indian Affairs
Department of the Interior
Washington, D.C.
20210
Dear Mr. Gerard:
We are writin~ to you at the suggest1on of Allan Parker, Staff Director
of the Senate Select Committee on Indian Affairs, and Thomas Tureen,
Attorney for the Passamaquoddy and Penobscot Tribes, to request a
meeting with you in late May or early June.
Over the last several years the Passamaquoddy and Penobscot Tribes have
dominated the news about Maine Indians by their victories in the courts
and at the negotiating table. During this period very little has been
heard about Maine's other Indians, the Micmac and Maiiseet people.
Although we have not had our own legal counsel, we have from time to
time been advised that we too could file various claims under the same
or related legal theories. We have not done so for a variety of reasons.
We did not want to interfere in the complicated process which the
.Passamaquoddies and Penobscots had begun. Different defenses could
be raised against us, thereby confusing some of the critical issues
in the overall claim. We have not had the influence or resources
to acquire legal cdunsel competent in this field. Finally, of ali
the eastern tribes with potential claims we may be the most exposed
to harrassment. There is a qreat deal of racism in Aroostook Countv.
We have no reservation or recognized tribal status to fall back on in
Maine. Although we have played no part in the Passamaquoddy and
Penobscot claims, we have taken the brunt of much of the anti-Indian
backlash in the state. Even when individual Maliseets attempted to
raise these claims, we remained silent, believing it better to wait.
We can no longer afford to wait. As the parties get closer to settlement,
we desperately need help and advice, not so much to pursue a claim, but to
make certain that our rights as Indians and as tribes under United States
and Maine law are not unfairly changed, reduced or wiped out.
I
•
�Page 2 - Mr. Forrest Gerard
. -~
Over the last decade, the Maliseet and Micmac people of Maine have
worked very hard to improve upon the meager level of services
previously provided to us by the State of Maine. The state currently
provides the following:
- special Indian schoiarship for Maliseets and Micmacs;
- free hunting and fishing licenses for
Mali~eets
and Micmacs;
- services of the Maine Department of Indian ~Affairs Off-reservation
Office, which was located in Houlton for our benefit;
- state reimbursement of town welfare payments to our people;
- waiver on room, board, tuition and fees at State universities and
vocational-technical institutes.··
We have had the support of the Passamaquoddy and Penobscot people in
acquiring these benefits. It is extremely worrisome to us that because
of the settlement process, Governor Joseph Brennan has proposed no . ~
funding in his FY '81 budget for Indian programs in Maine, including
those listed above. Whereas the claims of the Passamaquoddy and
Penobscot Tribes have led to Federal Indian services for them,
their settlement is bringing about an end of services to us, with
no off-setting benefits. We believe that the Micmac and Maliseet
people of Maine a·re eligible for Bureau of Indian Affairs Services.
We also believe that we are eligible for Federal protection of our
tribal assets and rights. He \-Jere therefore very disturbed by the
exchange of correspondence between the State and the White House in
1978. At that time,·Maine Attorney General Brennan commented on our
situation under the. heading 11 0ther Indians in Maine":
The Joint Memorandum makes no provision for claims of or
federal support for other Indians in Maine; i.e., the Micmac
and Maliseet (Malicite). It is entirely possible, however, that
either or both of these tribes may assert against the State the
same kind of claims asserted by the Penobscot and Passamaquoddy.
Indeed, it has curiously been ignored that the 1794 agreement
that forms the basis of the Passamaquoddy cl~im was executed
by Massachusetts, not only with the Passamaquoddy, but other
eastern tribes~ which appears to include the Micmac and
Maliseet. What precedential value will the proposals in the
Joint Memorandum have on these other latent claims? Will the
federal government take the same posture toward settlement in
those cases as it does in this?
l
�Page 3 - ·Mr. Forrest Gerard
The response to ·the ~1aine Attorney General to these questions by the
White House Negotiating Team, including Mr. Krulitz, Mr. Ctitler and
Mr. Clay, was disturbing to us in that we would probably have to
pur·sue at least some claims against the Passamaquoddy and Penobscot
people. Their r~sponse stated:
·
Previously it has been reported that two tribes might assert
claims to ·12 million acres. With respect to that land, title
wiii be cleared completely. All claims by these two tribes to
Maine land will be extinguished.
If any other trj·bes have claims to any part of the 10 mi 11 ion
acres now claimed by the Passamaquoddies and Penobscots, the
defense of those claims and the responsibility for any settlement
or liabiiity arising from those claims must be assumed by the
Passamaquoddies and the Penobscots. The Administration's bill
will creat~ a fund out of which all tribal claims to any part
of the acres claimed by the tribes and cleared must be satisfied.
Based on the information submitted to us to date, the Penobscots
and Passamaquoddie·s are the only tribes entitled to participate
in that fund. No other claims of substance in Maine have been
made or brought to our attention.
The settlement proposed with respect to the Maine claims does not
have particular precedential value with respect to any other claims.
Each case is unique. In most other cases, there will be no need
for any involvement by the Administration.
We find this response rash and unfair. If part of the 10 million acres
involved in the settlement covers the St. John watershed, we would be
placed in the impossible position of suing neighbouring tribes. We
would either have to abandon our claims or abandon our strongly held
belief in intertribal unity. If Congress votes a six month statute
of limitations for other Indian claims in Maine on the Narragansett
settlement model, we would not have the resources to respond in time.
As it stands now, the 1980 cut off is equally impossible, given our
lack of resources. The fact of the matter may be that we will be
denied both the benefit of settlement and the right to make a claim.
Having passed major legislation, we doubt if Congress would ever
again give serious consideration to a major Indian claim in Maine.
We have a right to be here. It is a thoroughly documented fact that
the northeastern area of Maine, roughly the area of Aroostook County.
is the aboriginal territory of the Maliseet or St. John River Tribe.
Aroostook County covers the U.S. portion of the St. John'River
watershed . .The word Aroostook is a corruption of the Passamaquoddy
word for both the Maliseet Tribe and the River. The Micmacs have
always 1i ved among the other tribes, as v1e have among them; they
are welcomed to do so.
�Page 4 -
Mr. Forrest Gerard
We have a special relationship with the United States, Massachusetts
and Maine. In 1777 Congress directed Col. John Allan to negotiate
a treaty with us. In a letter dated 1793 to Samuel Adams, Allan
explained the provisions of this Treaty which initially included
the Passamaquoddies and Maliseets and was subsequently agreed to by
the Penobscots and Micmacs:
It was agreed and concluded that peace andifriendship be now
established permanent and lasting between the United States
and the several Tribes that such of themJas were in the vicinity
of the States should immediately withdraw and assist in the
defense of tha country which lay within the jurisdiction of the
United States. That any Indian individual belonging to those
Tribes whose situation would not permit them publicly to ·take
an active part were admitted to join with those who did. That
those employed should be supported during their service and the
widows and children of such as died in the time, to be taken care
of ti11 otherwise provided for. That they should be forever
viewed as brothers and children, under the protection and
fatherly care of ·the United States and enjoy every right and
privilege, according to the difference of situation in proportion
with others. They should enjoy the free exercise of religion
agreeable to their profession, a clergyman of that denomination
be furnished and a suitable residence be provided for him, on
which a place of worship was to be erected. They were to have
exclusive right to the beaver hunt~ or if not consistent with the
rights of others, necessary steps· were to be taken, as to prevent
a destruction of the game and other enormities committed by the
white hunters by which conduct a great diminution of that ancient
and profitable support has been the consequences. That in times
of difficulty and distress, or by any unforeseen calamity those
who live within the Territory of the United States, should be
furnished with ammunition for fowling and in proportion as their
necessities. That trade was to be so regulated as to prevent
imposition, that an agent should constantly reside as near them
as possible, to whom they might apply for redress, and to assist
in transacting of business among the inhabitants and such other
necessary matter as their situation required. (Emphas~s Added}
Cpl. Allan reported that without subsequent Maliseet .and Micmac support,
most of north~rn and eastern Maine would now be ·part of Canada.
�,
Page 5 - Mr. Forrest Gerard
Consequently, the 1794 Treaty, whose provisions have now been called
into question, was intended to protect not only the Passamaquoddies,
but also all those connected with them. Col. Allan noted that in the
fina1 negotiations in 1794:
the Chiefs of Passamaquoddy and Maliseet Tribes, delivered their
speeches alternately. No diitinction was observed, nor would
they allow any settlement wherein they were not equally concerned,
as well more residing in the Micma~ Country and confines of Canada.
Our rights were further confirmed in the Jay Treaty of 1794 and in the
Treaty of Ghent of 1814. When Congress made some of our members
citizens in 1924, it did not diminish the rights of others. In 1928
and again in 1952 Congress confirmed our rights of access to our
homelands. In 1972 two non-citizen members successful)y challenged
Department of Justice efforts to force them to register as aliens,
Subsequently, it was determined that such Indians cannot be deported.
The recently published Federal recognition regulations, we believe, provide
a clear basis for the· recognition of the tribal status of at least the
Maliseet tribe. It can be argued that both the Maliseet and Micmac
people are indigenous to the United States under these regulations.
The Houlton Maliseet {and Micmac) community has existed as· a distinct
band in the Un·ited States at least since the 1870's. Prior to that
time, the core families of the band lived largely a subsistence
lifestyle in their hunting territories which were primarily on the
~1aine side of the border.
In the late 1960's the Houlton band reached
out to all the Indians in Ar·oostook County to form the Association of
Aroostook Indians. We have also considered requesting that you provide
services and set aside a reservation for us as Indians of one half or
more degree Indian blood, pursuant to the Indian Reorganization Act.
We wish to explore all options available to us and to share with you
the research that we have completed, including documentation of the
points made in this letter. We need your help to judge the direction
of our future. -\~e approach you \'lith a great sense of urgency as we
see the possibility of losing what little we have gained over the
last decade.
Sincerely,
·
~~jJ/dj/:lld<",/ tiJLd.a:.
Maynard Polchies
President
��
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
The Edmund S. Muskie Papers
Description
An account of the resource
A selection of documents from the Edmund S. Muskie Papers have been provided by by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Additional information about the collection can be accessed on their <a href="http://abacus.bates.edu/muskie-archives/?_ga=1.58550314.1828118176.1485979172">web page</a>.
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Identifier
An unambiguous reference to the resource within a given context
BATES001
Title
A name given to the resource
Letter from Maynard Polchies (President of the Association of Aroostook Indians) to Forrest Gerard (Department of Interior) referencing the Micmacs and the Maliseets (05/10/1979)
Date
A point or period of time associated with an event in the lifecycle of the resource
5/10/1979
Source
A related resource from which the described resource is derived
The Edmund S. Muskie Papers
The Edmund S. Muskie Papers, Box 2150, Folder 10; Muskie Archives and Special Collections Library, Bates College, Lewiston, ME,
Language
A language of the resource
English
Description
An account of the resource
Letter from Maynard Polchies (President of the Association of Aroostook Indians) to Forrest Gerard (Department of Interior) requesting that the Micmacs and the Maliseets also be taken into account in the Maine Indian Land Claims Settlement.
Type
The nature or genre of the resource
Text
Documents
Format
The file format, physical medium, or dimensions of the resource
PDF
Subject
The topic of the resource
Indians of North America--Maine--Land tenure
Indians of North America--Maine--Claims
Indians of North America--Legal Status, Laws, etc.
Indians of North America--Government Relations
Indians of North America--Politics and Government
Rights
Information about rights held in and over the resource
Copyright is retained by the creators of items in this collection, or their descendants, as stipulated by United States copyright law. This item is made available for research and educational purposes by the Edmund S. Muskie Archives and Special Collections Library, Bates College. Prior permission is required for any commercial use.
Maliseet
Micmac