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THE MENOMINEE RESTORATION ACT This Year, in the Midst of the Watergate Crisis, Indians Made the American Political Process Work for Them

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THE MENOMINEE RESTORATION ACT This Year, in the Midst of the Watergate Crisis, Indians Made the American Political Process Work for Them National Indian Law Library NILL No. 010008/1973 Volume 2, No.3 October - December, 19~ MAKING THE WHITE MAN'S LAW FIT THE INDIAN­ THE MENOMINEE RESTORATION ACT This year, in the midst of the Watergate crisis, Indians made the American political process work for them. There is both irony and hope in this coincidence. Watergate provides the irony. The Indians provide the hope. ,.. ~ Millions of Americans have <-- ;~en stunned and disillusioned by (' \~te revelations of Watergate. _ Few, if any, Indians have been because they have been the victims of an "Indian Watergate .,~~,"" .- Affair" since they signed the first :;,-,~ ':. ',: .. treaties with the United States government. Corruption, ob- struction of justice, and abrogation of constitutional and congressional authority by pious men with mis-guided motives have all been a continuous part of Indian experience in the American political system. Congress has been dragging on the Indian Watergate Affair for This year the Menominee The fact that after 200 years th, about 200 years,even though ithas gathered and took their evidence Menominee were still willing t( had no trouble obtaining to Congress in the form of a self­ risk an encounter with th( evidence, because there has been designed piece of legislation ­ American political system shoul( no public outcry. It is just that The Menominee Restoration Act. provide an example for al Congress has found it easier to They asked Congress to judge that citizens who have beel deal with the near political ruin of their former trust relationship disillusioned by past and curren a single President than it has with with the United States Govern­ political corruption. The fact tha the near annihilation of an entire ment should be restored. the encounter was successfu race. Congress gave the Menominee the indicates that when the system i~ ..,; r- The experiences of the exact decision they wanted, and not subjected to Watergate-typ, ~~nominee Tribe of Wisconsin therein lies both the hope and abuses, it really can work to th, ''':hclude some of the most shocking potential resolution of all benefit of all Americans, evel evidence in Indian Watergate. Watergate affairs. Native Americans. THE PEOPLE OF THE million acres in what is now traditional dress to remind tl Wisconsin and upper Michigan. Menominee people as he mOVE WILD RICE (See map). During the next 40 among them that "this is!' We years the Menominee were forced the white man's law fi~ ~ Ii to cede almost all of their land to dian." the United States. Some was for In 1854, Chief Oshkosh and tl advancing white settlers - some Menominee signed the Wolf Rivl was for other Indian tribes who, Treaty which confined the Tril because their own lands were to less than 235,000 acres of fore more coveted than that of the land along the Wolf River Menominee, were conveniently northeastern Wisconsin. The 1 transferred to Menominee same acres then shortly becan territory. the Menominee Indian Rese Chief Oshkosh, a tribal vation which the United Statl spokesman during much of this government agreed to hold j cessation period, is remembered trust. As was the case wi1 for his tolerance and humor. He hundreds of other Indian tribe was presented with a gift of a top the federal government ab hat and formal dress coat by promised to hold the oth( Governor Dodge of Wisconsin just Menominee assets in trust . after the Treaty of Cedars in 1836 protect the Tribe's various trea1 in which the Menominee ceded 3 rights and through the Bureau I million acres to the United States. Indian Affairs to manage tl Menominee Chief Oshkosh, 1836 Chief Oshkosh saved the coat reservation and supply bas and hat and wore them over his community services. This Js how the white man's law fits the Indian. ~i'-i'-'-r'~{ The Menominee Indians had their first encounter with white men in the early 1600's. For the next 200 years they were buffeted and proselytized by both British and French colonists. By the end of the 17th century the majority of the Menominee had been con­ verted to Catholism by Jesuit missionaries, and the process of acculturation was under way. Compared to other tribes, the subsequent toll in divisiveness between the Catholic Menominee and those following the traditional Menominee religion was small. These divisions were not unlike the later divisions between full and mixed bloods, but for the most part the Menominee maintained strong tribal unity. In 1817 the Tribe signed its first MENOMINI LAND CESSiONS treaty of peace and friendship with the United States govern­ 1827-1856 ment. At that time the Menominee still occupied their aboriginal 81 1827 TREATY ~ 16~1-32 TR~TIr:S I§J 1836 TREAT" mIl 16+6 jlit£ATY lands consisting of more than nine 2 Wisconsin who refused to par­ man's law and the ways of Indie ticipate in the Allotment Act and Watergate they discovered th therefore their tribal lands they had the right to review the remained intact. This initial governmental trustee's operat!{ attempt by Congress to "cover­ and management of their asset up" the clash between the two They soon saw that local fore cultures by imposing the values of service agents - in violation of one upon another lasted almost congressional mandate - he: half a century. It saw two-thirds decided to clear-cut their timbe of the Indian land in the United The more the Menominee iJ States pass into non-Indian vestigated, the more trouble thE: ownership - primarily through found. It was finally concludE: fla ttery, tricks and unmet tax that there had been gro~ assessments. Unfortunately, the mismanagementby the BIA of U Menominees' decision to not Tribe's forest assets and after participate in the General long bureaucratic struggle U Allotment Act was the first in a Menominee obtained permissic series of events which led them to from Congress to sue their trust€ near devastation. It was an in the U.S. Court of Claims, Tt example of early Indian suit was filed in 1935, and the ca~ Watergate irony, was before the court for the ne} Because the boundaries of the sixteen years. During this perio We accepted our present reservation MenomInee Reservation, as they the governmentts managemer when It was considered of no value were established in 1854, provided tactics improved somewhat an by our white friends. All we ask is for a land base of less than 1/36th the Menominee's assets ir that we are permitted to keep It as a the original size of Menominee creased. home. tribal lands, the Menominee were /" Neopit, Menominee no longer able to sustain them­ C~ C.ht.'ef,.,.1.8.82 _ selves by their traditional means of hunting, fishing and gathering ''Nowadays, we undoubtedly ought wild rice. The land was, at that to break up the great Indian point in time, a little-desired, reservations, disregard the tribal inaccessible, but nevertheless governments, allot the land In magnificent forest. Beyond its severalty (with, however, only a limited power of alienation), and essential significance as a treat the Indians as we do other spiritual, cultural and physical citizens, with certain exceptions, for refuge, the forest also soon their sake as well as ours." became the basis for a modest tribal lumbering operation. Theodore Roosevelt, The Winning of tho West, In 1908 legislation was passed 1889 giving the U.S. Forest Service the responsibility for administering a sustained-yield harvest of the Menominee forest. It was the first Finally, in 1951, the Unite( In 1887 Congress made its first sustained-yield forest in the States Court of Claims awarded; major attempt to deal with the United States. In this same year a $8.5 million judgment to thl Indian problem by passing the mill was built at the Neopit set­ Indian Allotment Act. The Menominee for the BIA'1 tlement on the reservation. mismanagement of their trust Allotment Act was an attempt to Although both the timber cutting This money, like all tribal assets force individual Indians to own operations and the mill were was deposited to the Menominel .' private property - a concept controlled and managed by the account in the U.S. Treasun totally inappropriate to a people BIA in cooperation with the bringing the Tribe's total assets t( ",whose existence was centered on .r~~mUnallY Forest Service, they did provide almost $10 million. However, nonE , shared mother employment for a significant of the money could be spen number of Menominee men. without Congressional approval '--The Menominee Tribe was the As the Menominee became and this restriction turned out t< only tribe in the State of more familiar with the white be a fatefully crucial one. THE MENOMINEE TERMINATION ACT· A PERFECT EXAMPLE OF INDIAN WATERGATE t At some future time ------'"What made the white people of this You will think of me country so strong? Wbat made And cry America so strong? Why Is America Pre-Columbian the most powerful nation in the Menominee Poetry world today •. .? I believe tbat one reason for thatis that the people who came here bad to stand on their feet from the very beginning. They had to conquer the wildemess •••. So these people bad a lot of work to do. In 1953, the Menominee Tribe They worked, and fought and died •• was one of only three Indian tribes •• Theybad to struggle and work and in the country who were finan­ plan, and bave an ambition to get cially able to pay the U.S. ahead, - and that is why they did governmentfor the cost of most of get ahead. Inour time, let us look at a man like Henry Ford.
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