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• 1 2021-04-19T17:19:59+00:00 Sovereignty 1 image_header 2021-04-19T17:19:59+00:00

  Above: Booth at a Dance. Photo by Orlando Cabanban (Newberry Library, Ayer Modern MS Seeing Indian, box 2, no. 46). View catalog record

  By the 1930s, reform groups were criticizing Indian affairs policy by pointing to fiscal mismanagement and social injustice. In 1924, Congress had declared Indians to be citizens of the United States, yet they still were considered wards of the federal government and denied the right to vote in many states. The reform movement laid the groundwork for a major change in Indian policy when Franklin Roosevelt was elected president in 1933. His administration worked with Congress to pass legislation to allow Indians to participate in the recovery programs that benefited all Americans during the Depression.

  In 1934 the Indian Reorganization Act (IRA) ended the allotment of reservation land, permanently established trust title to Indian land, provided for the purchase of more land for Indians, established a credit program for Indian communities, and recognized the legitimacy of tribal governments. The new policy reaffirmed that Indians were tribal citizens, as well as U.S. citizens (just as other Americans had dual citizenship in other countries). Congress also provided for freedom of religion for Indian people.

  Why was the IRA accepted by tribes and what provisions were in tribal constitutions?

  Delegates from Minnesota Chippewa Tribe Meet with Federal Officials, January, 1940

  Organized as a tribe consisting of six politically independent reservations, the Minnesota Chippewa sent their attorney with these delegates, the Tribal Executive Committee, to discuss matters that concerned all the reservations. They met with Assistant Commissioner of Indian Affairs, John Herrick. Before they organized under the Indian Reorganization Act, they had great difficulty arranging delegations and hiring attorneys. Left to right: John Hougen (attorney), Charles Roy (Bois Forte), Frank Broken (Leech Lake), Shirley McKenzie (credit agent, Bureau of Indian Affairs), Thomas Artell (White Earth), Sam Zimmerman (Grand Portage), M. L. Burns (Superintendent of Chippewa Agency), William Nickabaine (Mille Lacs). Photo courtesy of National Archives.

  Works Progress Administration Project on Red Lake Indian Reservation, Minnesota, 1940

  This Ojibwa crew was building a community center at Ponemah. These kinds of projects were launched nation-wide to relieve the economic distress caused by the Depression. Work was done on reservations as well as in other kinds of communities. Projects included forestry, road building, conservation, and construction of public buildings. The W.P.A. often used tribal leaders in these projects. Photo by Gordon Sommers, courtesy of National Archives.

  Constitution and By-Laws of Red Cliff Band of Lake Superior Chippewa Indians, Wisconsin, 1936

  The Indian communities in the Midwest already had governments in place at the time most accepted the constitutional governments established by the IRA, but the federal government largely ignored these leaders. The communities' acceptance of the new form of government reflected their hope that they would achieve home rule and greater influence over federal policy. The constitutional powers, although limited by a requirement that the secretary of the interior review many of the community leaders' decisions, included the right to obtain attorneys to pursue tribal interests, more control over their land and resources, and the right to determine their membership. The preambles of these IRA constitutions show the influence of federal officials, but also local understandings and concerns. The preamble of the Red Cliff Band's constitution emphasizes that the community is reestablishing their "tribal organization" and affirms the right of home rule and their treaty right to their land. One can read "tribal" to mean nationhood. Note that membership in the tribe depended largely on residency, rather than "degree" of Indian ancestry. The governing body was an elected nine-member tribal council, whose actions were subject to referendum by the community. The members of this council probably represented all the families in the community. (Newberry Library, Ayer 5 .U583 R31 1936).

  Constitution and By-Laws of the Forest County Potawatomi Community, Wisconsin, 1937

  The Forest County Potawatomi also intended to reestablish their tribal organization. Although the Potawatomi did not have a reservation set aside by treaty, their lands had been purchased and held in trust for them by the United States, and they expressed a commitment to conserving and developing their resources. In determining membership, they required that children of two members not residing on tribal land be of at least one-fourth Indian descent. If only one parent was a member who resided on the reserved land, the one-fourth blood requirement applied, as well. The governing body was the General Tribal Council, that is, all adult members. The Forest County Potawatomi adult members numbered not more than 120. (Newberry Library, Ayer 5 .U583 F71 1937).

  Constitution and By-Laws of the Bay Mills Indian Community, Michigan, 1936

  The Bay Mills Indian Community emphasized the protection of their property and resources. Membership in 1936 depended on residency and allowed for the enrollment of members of the Sault Ste. Marie Band living nearby but off the reservation. The residency requirement gave support to their commitment to a close-knit community. The constitution established that the governing body was the General Tribal Council, that is, all the adult members. The adult membership was less than 200. (Newberry Library, Ayer 5 .U583 B35 1936).

  Constitution and By-Laws of the Keweenaw Bay Indian Community, Michigan, 1936

  In this community, there were three small politically independent groups who organized "as a tribe." United, they had as many as 750 adult members. The federal government's recognition of their tribal status gave them more control over their affairs. The governing body was a twelve-member elected council representing the three groups. (Newberry Library, Ayer 5 .U583 K26 1937).

  Constitution and By-Laws of the Lower Sioux Indian Community in Minnesota, 1936

  In their constitution, the Lower Sioux promised to support the constitution of the United States and that of Minnesota, which may have been an attempt to address the lasting animosity from the “Sioux Conflict.” Membership was offered to resident Dakotas enrolled on other Sioux reservations upon their transfer to the Lower Sioux community. In what was perhaps another effort to reassure the federal government, members who received land assignments from the Community Council were required to cultivate it. The Lower Sioux also affirmed their treaty rights to hunt and fish. The governing body was a five-member Community Council whose actions were subject to a referendum by the eligible voters. These referendums supported the ideal of consensus decision-making. In later years, all these reservation communities revised their constitutions. (Newberry Library, Ayer 5 .U583 L917 1936).

  Minnesota Chippewa Tribal Headquarters, Cass Lake

  Today this overarching tribal organization provides services and technical assistance to six Ojibwa reservations in Minnesota. Since its organization in 1934, it has expanded. For example, it administers educational projects for urban tribal members. The members of the six Ojibwa bands also are members of the Minnesota Chippewa Tribe. Photo courtesy of Minnesota Chippewa Tribe.

  Indian people subsequently pressed for more control over their communities and more personal freedom. Indian veterans of World War II introduced more assertive strategies in their communities and played an important role in the establishment of the National Congress of American Indians in 1944. This organization lobbied in Washington DC for Indian rights.

  Do you want to learn more about veterans?

  Menominee Sailor in World War II, 1943

  Dan Waupoose poses for U.S. Navy photographer while wearing a feathered headdress. In September 1940 the Congress enacted the draft and declared war in December 1941. 42,000 Indians were eligible for the draft. The B.I.A. unsuccessfully tried for an All-Indian Division of Indian soldiers. Indians were assumed to be good fighters and integrated into White units. During World War II 25,000 Indian men served and several hundred Indian women joined the service as WACS and WAVES. In the Army Signal Corps, Oneida, Ojibwa, and other soldiers used their native language in code work. Indian soldiers were recognized for their distinguished service in the Army, Navy, Marines, and Army Air Corps. Veterans later became important participants in tribal government and in political activism generally. Photo courtesy of National Archives.

  Visiting Veterans Memorial, Leech Lake Reservation, 2008

  These students from the tribal college are visiting the memorial as part of learning about the history of their community. They will write about their experience. Photo by Mark Lewer, courtesy of Leech Lake Tribal College.

  Honor Guard, Lac Vieux Desert Powwow at Watersweet, Michigan, 2008

  These veterans carry staffs signifying their military experience. They lead the dancers into the arena at the start of the powwow. In doing this, they are honored for their service and, at the same time, they honor all the veterans. Photo courtesy of Lac Vieux Desert Band.

  Exhibit Honoring Veterans

  This is part of a National Museum of the American Indian traveling exhibit, "Native Words, Native Warriors," which honors American Indian Code Talkers from more than twelve tribes, who served in World War I and II. Photo courtesy of Match-e-be-nash-she-wish Band of Pottawatomi.

  By the 1950s, responding to a backlash among their constituents, Congress tried to reverse the policy of supporting tribal communities. New legislation provided for the termination of the trust relationship if Congress decided that a tribe no longer needed protection. In such cases, funds could be withdrawn for tribal health and education. And the trust title to land protected Indians from the loss of land to state and local taxes. In 1954, Congress terminated the Menominee, who had a lumber business that was competitive with non-Indian lumber interests.

  Congress also passed legislation enabling Michigan and Wisconsin to extend legal jurisdiction over Indian reservations without tribal consent. Many Indian children were removed from their communities and sent to non-Indian foster homes. And, a national “relocation” program promoted the resettlement of reservation Indians in cities, including Chicago, Milwaukee, Minneapolis, and Grand Rapids.

  What has community life been like for urban Indians since relocation?

  Social Dance at American Indian Center Powwow, 1968

  Indian centers began to appear in cities after the start of the relocation program. A major activity in the early days of the center in Chicago was the powwow. It was a multi-tribal celebration of various styles of dancing and songs. The dance shown here was a couple dance, popular with young people. Photo by Orlando Cabanban (Newberry Library, Ayer Modern MS Seeing Indian, box 2, no. 11).

  American Indian Center Powwow, 1968

  The powwow, which brought together singers from many tribes, helped diffuse different styles and contributed to creativity. These singers sit around the large drum, which they beat in unison. Facing the camera are Sam Sign and Archie Blackowl. The first annual American Indian Center powwow began in 1954. In the 1960s, monthly powwows drew up to 500 people. Photo by Orlando Cabanban (Newberry Library, Ayer Modern MS Seeing Indian, box 2, no. 19).

  1958 American Indian Center Dance Club, Chicago

  The club traveled widely, encouraging powwow activity, especially in urban centers. Top row, l to r: Harry Funmaker, Linda Benson, Ernest Naquayouma Sr., Ruby Keahna Funmaker, Ernest Naquayouma Jr., Norma Bearskin Stealer, Ben Bearskin Sr., Barbara Keahna, James Passafume. Middle row, l to r: Dennis Keahna, Pauline Logan Funmaker, Ramona Naquayouma, Stella Johnson, Lillian Naquayouma, Kenneth Funmaker. Bottom row, l to r: Bernadette Miner, Avery Lonetree, Laura Miner, Danny Miner. Photo by Dan Battise (Newberry Library, Ayer Modern MS Seeing Indian, box 1).

  Booth at a Dance

  At the Indian Center in Chicago, artists sold their work and people sold food, usually to raise money for the center. Photo by Orlando Cabanban (Newberry Library, Ayer Modern MS Seeing Indian, box 2, no. 46).

  Basketball Players at the American Indian Center in Chicago

  The center encouraged children to come there for educational services, participation in clubs, and opportunities to play sports. Photo by Orlando Cabanban (Newberry Library, Ayer Modern MS Seeing Indian, box 2, no. 31).

  1960-61 Boys' Basketball Team, with Cheerleaders, American Indian Center at Chicago

  The team had a fan base among Indians in Chicago. They played against teams on reservations and other urban areas. Photo by Dan Battise (Newberry Library, Ayer Modern MS Seeing Indian, box 1, no. 8).

  Girls' Basketball Team

  The girls' team also was popular. Photo by Dan Battise (Newberry Library, Ayer Modern MS Seeing Indian, box 1, no. 31).

  Canoe Race

  The Canoe Club at the American Indian Center in Chicago was active in the Chicago area, paddling on the Great Lakes in the company of crews from the reservations, and the members traveled to other regions to participate in races. Shown are Art Elton, Tony Barker, Archie Blackelk, and Paul Goodiron. Photo by Orlando Cabanban (Newberry Library, Ayer Modern MS Seeing Indian , box 2, no. 17).

  Day Camp Outing

  These children are attending a summer camp sponsored by the American Indian Center in Chicago. Photo by Orlando Cabanban (Newberry Library, Ayer Modern MS Seeing Indian , box 2, no. 18).

  Family's House in Chicago

  For families like this one, the American Indian Center in Chicago provided a place to make social ties, reaffirm traditional Indian identity, develop leadership potential, and obtain social services. Although the center's activities were multitribal, tribal clubs (like the Winnebago Club and the Council of Three Fires) were organized. The first center opened in a rental space downtown in 1953. In 1963, the center relocated to uptown Chicago, where most of the Indians lived, and in 1966, the center moved to its current location at 1660 W. Wilson Avenue. Leaders at the center offered criticism of termination policy and the faulty implementation of the relocation program. The center was funded by private donations. Photo by Dan Battise (Newberry Library, Ayer Modern MS Seeing Indian, box 1).

  American Indian Center, Chicago, 2009

  The center opened at the instigation of the Chicago Indian community with assistance from the American Friends Service Committee and other philanthropic organizations. It was the first urban center in the country. At this time, Chicago was one of five original relocation cities. Illinois was without a large in-state reservation, so the center drew Indians mostly from outside the state. Today the center serves people from 50 tribes. The 2010 census counted almost 11,000 Native people in Chicago. The American Indian Center has academic, health, and social service programs. It is a major gathering place for Indians in Chicago, where many activities take place-powwows, bingo, potlucks, family and community celebrations, and wakes. The Trickster Gallery is the only Native operated arts institute in Illinois. It offers gallery space, tours, and workshops. The center operates with a board of directors, elected by the Chicago Indian community. Photo courtesy of Flickr Creative Commons, user Zol87.

  Minneapolis American Indian Center

  The wood collage is by Grand Portage Ojibwa artist George Morrison. The center was founded in 1975. It offers employment training, senior citizens assistance, youth programs, and health and wellness services. The center operates an art gallery and otherwise supports Indian cultural traditions. The 2010 census counts almost 9,000 Native people in Minneapolis-St.Paul. Photo courtesy of Randy Croce.

  Federal policy changed again in the 1960s, when Democratic administrations extended War on Poverty programs to Indian communities, revitalizing tribal governments in the process. The American Indian Civil Rights Act was passed in 1968, which, among other things, required states to obtain Indian consent before assuming jurisdiction on Indian land. Many communities started or elaborated on “powwows,” rituals that served as expressions of Native pride.

  View powwow dancing

  Powwow. From Since 1634: In the Wake of Nicolet. Video courtesy of Ootek Productions, 1993. View transcript

  In 1968, the American Indian Movement (AIM), a new organization whose membership was young and often from urban areas, began to use public demonstrations to publicize the social injustices that Indians still faced.

  Do you want to learn more about AIM?

  Dennis Banks, New York, 1967

  Banks, one of AIM's original members, joins other demonstrators against the war in Vietnam. Banks grew up on Leech Lake Reservation, and after years in Indian boarding schools, service in the Air Force, and a stint in prison, he obtained employment in the Honeywell Corporation in Minneapolis. He and Clyde Bellecourt founded AIM in 1968 to advocate for Indians in the Minneapolis area. They organized to monitor arrests of Indians in an effort to stem police brutality. AIM expanded its activities and achieved national prominence, eventually organizing a march on Washington to protest the United States's treatment of Indians. Photo by Dave Tyson.

  American Indian Movement Demonstration, ca. 1978-83

  Clyde Bellecourt (White Earth Ojibwa) is speaking to a rally to stop the potential closing of Little Earth of United Tribes, a primarily American Indian housing development in Minneapolis. Bellecourt was one of the original founders of AIM in Minneapolis. He attended Indian boarding schools, served time in prison, and then obtained employment in Minneapolis. Most of the initial members of AIM were Ojibwa, from urban and reservation areas. Photo courtesy of Randy Croce.

  Political Rally, 1982, with AIM Participation

  This was a march by several progressive groups in Loring Park, Minneapolis. Clyde Bellecourt holds the microphone. Below him on the far left is Bill Means and in the lower right, Floyd Westerman. AIM made alliances with churches, progressive attorneys, and liberal groups, especially around the issue of the nuclear power plant next to the Dakota Prairie Island Indian Community on the Mississippi River. Photo by Randy Croce.

  AIM at International Indian Treaty Conference

  The theme of the conference was unity among Native people all over the world. The conference was held on the White Earth Reservation in 1981. Vernon Bellecourt is seated on the left. Photo courtesy of Randy Croce.

  Listen to Dennis Banks discuss the formation of AIM

  AIM. Video courtesy of WDSE-Duluth/Superior, MN, 2002. View transcript

  In the 1970s, Indian advocacy and public pressure led to a new emphasis on Indian sovereignty. Both Congress and the Supreme Court acknowledged that the federal government was bound by its treaties with Indian tribes and that tribes had the right of self-government and economic self-sufficiency. In 1973, Congress restored the Menominees’ tribal status and put their land back in trust.

  Listen to Menominees explain how they regained their status as a federally recognized tribe.

  Menominee Restoration. From Since 1634: In the Wake of Nicolet. Video courtesy of Ootek Productions, 1993. View transcript

  With support from President Richard Nixon’s administration, in 1975, Congress provided that tribal governments, not the federal government, would administer federal services and programs. Tribes took over responsibility for child welfare, ending the adoption of Indian children by non-Indians. Tribal programs employed Indians and tried to provide more culturally appropriate services.

  What kinds of services do tribal governments provide?

  Head Start Program, Leech Lake Reservation

  On this occasion the tribe's Gaming Department donated toy log cabins to the children in the program. Profits from tribal businesses help support the Head Start program, which also receives funds from the tribe's contracting relationship with the federal government. The Head Start program stresses culturally relevant activities. At Leech Lake, the tribe owns three casinos and two hotel-resorts. Income is used to support many community projects and programs. The logos of the casinos reflect the Ojibwa heritage, particularly close relations with the natural world. Photo courtesy of Gaming Department, Leech Lake Reservation.

  Language Class at the Waadookadaading School in the Lac Courte Oreilles community

  Brian McInnes teaches the Ojibwa language at a language immersion school, where children spend the day hearing only the Ojibwa language. The Ojibwa community supports encouraging the Native language because it is intimately connected to indigenous knowledge about the world. Photo courtesy of Great Lakes Indian Fish and Wildlife Commission (GLIFWC).

  Clinic, Menominee Reservation

  The clinic, which was the first Indian-owned and operated clinic in the United States, opened in 1977, and since then it has been expanded several times. The tribe gives significant financial support to the clinic and the health programs it undertakes. Indians without health insurance are treated without charge. The clinic provides medical, dental, and optical services and operates a pharmacy. Photo courtesy of College of Menominee Nation.

  Forestry Work, Fond du Lac Reservation

  Here, a tribal employee is managing a prescribed burn. When conditions are right, the forestry program does this to reduce the amount of fuel that would otherwise support fires, to open up areas to wildlife, or to renew habitats for plants like blueberries and trees like the white pine. The tribe's forestry program includes fire prevention education, maintains the health of the forested reservation land, and suppresses wild fires within or near the reservation, as well as assists on other fires in the region. Photo courtesy of Forestry Department, Fond du Lac Tribe.

  Health Department Wellness Program at work, Match-e-be-nash-she-wish Band

  In 1954, Congress created the Indian Health Service (IHS). Before this, agencies might have a doctor assigned to cope with all health issues. The Department of Health and Human Services oversees the Public Health Service for all Americans. The IHS is a subagency charged with providing medical and hospital care for Indians who are members of federally recognized tribes. The IHS is seriously underfunded despite the fact that the mortality rate is higher and life expectancy lower for Indians than the U.S. average. Diabetes and tuberculosis mortality is also significantly higher, as is the suicide rate. Tribes contract with HHS to provide health care and preventive services like the Match-e-be-nash-she-wish Wellness Program, in an effort to improve health conditions. Photo courtesy of Match-e-be-nash-she-wish Band of Pottawatomi.

  Bois Forte Community Center

  This center has meeting rooms, fitness equipment, and space for activities. The Tribe began obtaining loans and grants from the U. S. Department of Agriculture Rural Development Program in the 1990s. This program works to improve sanitation (water and sewer services), infrastructure, and public facilities, and it was responsible for this center. Photo courtesy of United States Department of Agriculture (USDA).

  Sault Police Car

  Tribal governments develop law and order codes and contract the operation of police departments from the Bureau of Indian Affairs. Tribal governments are responsible for overseeing the work of the police force. Photo courtesy of Daryl McGrath

  In 1978, tribes not recognized by the federal government gained opportunities to have their tribal status legalized, and Congress increased funding for education.

  What do tribal colleges do?

  College of Menominee Nation Campus

  The college began in 1993 in a small house, moved to a trailer, and over the years expanded to what it is today. It is one of 36 tribally controlled community colleges in the United States. Fully accredited, it offers academic and vocational programs and infuses the curriculum with Menominee language and culture studies. The college provides job placement service and its students can transfer credits to the University of Wisconsin. Tribal colleges, like this one, have relatively small student bodies, which benefits Native students by increasing graduation rates and success at four-year institutions. At tribal colleges, the Board of Directors, administration, and many faculty members are Indian. Photo courtesy of College of Menominee Nation.

  Graduation, College of Menominee Nation

  Some graduates continue their education and others enter the job market. The majority of students at tribal colleges are women, who have been able to improve their economic circumstances through education. Tribal colleges are major employers in Indian communities and they provide job training and consultation for economic development. Photo courtesy of College of Menominee Nation.

  Drama Class, College of Menominee Nation

  These students performed a dinner theatre production of a play. Many people from the community attended the performance, held at the tribe's casino complex. The play reflected on Menominee history. Photo courtesy of College of Menominee Nation.

  Sculpting, Leech Lake Tribal College

  Student Ketta Flores is following Ojibwa tradition by learning to sculpt. Leech Lake Tribal College offers a two-year liberal arts program. Accredited, it provides traditional academic subjects, Native studies, and vocational courses. The college also offers an honorary degree for elders as part of a life-long learning opportunity and an effort to support the role of elders in contemporary life. Tribal colleges, like this one, come out of what has been called "the tribal college movement," which developed Indian leadership, encouraged Indians to regain control of their children's education, improved access to higher education, and promoted cultural revitalization. The movement emphasized using Native cultural traditions as a framework for academic rigor and as a means to address poverty in Indian communities. Photo by Mark Lewer, Courtesy of Leech Lake Tribal College.

  Making moccasins, Leech Lake Tribal College

  Student Supaya Therriault makes moccasins as a classroom activity. This project, as well as sculpture projects, help to support the college's goal of including Anishinaabe language and culture in the curriculum. Photo by Mark Lewer, Courtesy of Leech Lake Tribal College.

  Biology Class, Leech Lake Tribal College

  Casondra Gagner works on an assignment. Photo by Mark Lewer, Courtesy of Leech Lake Tribal College.

  Class on Plant Identification, Lac Courte Oreilles Ojibwa Community College

  Instructor Larry Baker points out and discusses plants during a class. The college was established in 1982. Accredited, it offers post-secondary and continuing education programs. Tribal colleges are underfunded and do not receive state funding as other community colleges do; yet, at least 25 percent of the students are non-Native. Most Indian community colleges admit non-Indians and provide them with educational opportunities they might not otherwise have. Photo by Shanna Clark, courtesy of Lac Courte Oreilles Ojibwa Community College.

  Class on Indigenous Foods, White Earth Tribal and Community College

  Here members of the class are tapping maple trees to obtain sap that will be made into syrup and cakes. Photo courtesy of White Earth Tribal and Community College.

  Tracking Animals, White Earth Tribal and Community College

  Here, in the study of zoology, instructors use indigenous "ways of knowing" to complement other pedagogies. Classes held in the forest accomplish the same objective. This program reflects the goals of the tribal college movement. Photo courtesy of White Earth Tribal and Community College.

  The Supreme Court affirmed tribes’ exemption from state taxes and exempted tribal citizens living on reservations from state property and sales taxes. In the 1980s and 1990s the Court also affirmed the Ojibwas’ treaty rights to hunt and fish on ceded lands and the right of tribes to operate gaming establishments on trust land without state regulation. In the wake of the support for tribal sovereignty and increased sensitivity to Indian issues, signs of a backlash began to emerge.

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  Interactive map: Explore federally recognized tribes

  

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  Ojibwa Home, 1935

  This photo was taken at Grand Portage. Indian families struggled economically during the early 1930s. Photo courtesy of Minnesota Historical Society.

  WWII Indian Worker

  Kay Lamphear, Defense Plant Worker at Allis Chalmers Manufacturing Company in Wisconsin, 1942. This Indian woman operated a punch press, machining diaphragm blades for airplane engines. During World War II many Indian women and men worked in defense plants and the airplane industry as riveters, machinists, and inspectors. The tribes also purchased war bonds or donated money to the war effort. Photo by Ann Rosener, courtesy of Library of Congress.

  Jingle Dress

  About the time of World War I, when the Spanish influenza epidemic spread through reservation populations, an Ojibwa girl became ill. Her father sought a vision to save her life. He received a message from spirit beings that if she wore a particular dress and danced to particular songs, she would recover. She followed these instructions and regained her health. Subsequently, she founded the first Jingle Dress Society, which was associated with curing and with women curers. In Ojibwa belief, supernatural power moves through the air, for example, through sound, which is why singing is an act of prayer. The jingle dress has rows of metal cones that rattle when they move, conveying sound in rhythmic accompaniment to the songs. Originally, the cones were made from round snuff can lids. So this was a ceremonial dress and the dance was a prayer for healing. People gave gifts of tobacco to the dancer as a request for her to pray for the recovery of people who were ill. In the 1980s, as songs and dances were revived across Indian country and transferred from tribe to tribe, the Jingle Dress Dance became widespread and today is one of the contest dances in powwows like the one in Minneapolis (shown above). For Ojibwa, it remains associated with ceremonial healing. Photo courtesy of Little Earth of United Tribes, Minneapolis, MN.

  Zoar Ceremonial Hall

  This building and the adjacent lodge (note the frame at the side of the building) are used by the members of the Zoar community on the Menominee Reservation. Traditional ceremonies gained participants after the restoration of the Menominee reservation community. Photo by Dale Kakkak, courtesy of College of Menominee Nation.

  Menominee Restoration

  In 1954 the Menominee were self-supporting, even paying the salaries of federal government employees. They supported the Catholic hospital, schools, and their own utility company from the profits of their lumber business and a legal settlement they received. Congress pressed the Menominee to agree to termination, that is, relinquishment of the trust status of their land and property. Ignoring Menominee resistance, Congress put termination into effect in 1961. What followed was a major social and economic decline. Their capital was dissipated because the federal government forced them to pay the costs of termination. The tribe had to sell their utility company and close the hospital. With the loss of medical care, the community experienced a tuberculosis epidemic. Non-Indians took over the management of tribal resources, while tribal members became “stockholders” in Menominee Enterprises, which worked to sell Menominee land to non-Indians. By 1970, DRUMS, an advocacy group that worked to reverse termination, emerged, and led demonstrations, obtained legal counsel, and lobbied in Washington DC. Ada Deer (shown at right), a Menominee with experience in dealing with the federal government, directed the lobbying effort in Washington. In 1973 Congress was persuaded to pass the Menominee Restoration Act and President Nixon signed it. The Menominees reorganized their tribal government, got reservation land restored to trust status, rebuilt the lumber mill, built a health facility, and embraced the revitalization of traditional religion. Photo courtesy of Wisconsin Historical Society.

  Ojibwa Houses on Bad River Reservation, built by HUD during the 1960s

  Compare these houses to the one above (Ojibwa Home, 1935). Since the 1960s Indian housing has improved significantly, after the federal government began to support housing programs on reservations and elsewhere. The Indian Health Service, Bureau of Indian Affairs, and Housing and Urban Development began work to improve sanitation (for example, installing indoor plumbing and monitoring water quality), repair homes, and construct homes for rent, purchase, or elderly occupation. After 1975, tribes could contract with the federal government to supervise home improvement and construction projects and they aggressively sought such contracts. Photo courtesy of Charlie Rasmussen, 2011.

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• 1 2021-04-19T17:20:02+00:00 Treaties Present 1 image_header 2021-04-19T17:20:02+00:00

  Above: Erminie Wheeler-Voegelin at the Department of Justice, 1956. Erminie Wheeler-Voegelin Papers (Newberry Library, Ayer Modern MS, Wheeler-Voegelin Box 44, f. 17). View catalog record

  By the late 19th century, Indian political life focused on efforts to get the United States to fulfill treaty promises. Tribes petitioned Congress and the President for investigations of mismanagement of Indian resources and for redress for other treaty violations. Tribes sent delegations of leaders year after year to negotiate and lobby. And, as a last resort, tribes began to bring suit in federal court.

  The U. S. Court of Claims was established in 1855 for citizens to sue the United States. Tribes also sought redress here, but Congress passed legislation in 1863 barring them from this court, even though non-Indians could sue tribes. In 1881 Congress permitted individual tribes to obtain legislation that authorized the filing of a lawsuit. Obtaining an attorney required the permission of the secretary of the interior. This was a difficult process for tribes, and from 1881-1946 the court dismissed most Indian claims on legal technicalities. Practically every tribe filed one or more claims against the federal government.

  For example, after many years of petition and protest, in 1930 the Menominee obtained permission to hire an attorney, and in 1935 Congress passed legislation to allow them to sue in the Court of Claims for the mismanagement of their forest resources. They won their case in 1951, proving that the federal government failed to exercise fiduciary responsibility. Congress passed legislation in 1951 to award the Menominee about eight million dollars, but in 1954 tied that award to the termination of the Menominee’s trust relationship with the federal government.

  Listen to Menominees discussing these events

  Menominee Claim. From Since 1634: In the Wake of Nicolet. Video courtesy of Ootek Productions, 1993. View transcript

  Congress responded to pressure for reform in federal Indian policy by creating the Indian Claims Commission in 1946. This judicial tribunal was authorized to hear and determine Indian claims against the United States. Congress expected that in a short time, the Commission could dispense with Indian claims and relieve Congress of its responsibilities. Claims could be filed for failure to fulfill treaty provisions, obtain consent for land cessions, pay a fair price for land ceded, manage Indian resources and assets in a responsible manner, and, in general, failure to behave in a “fair and honorable” manner in dealings with Indians. Redress could come only in the form of a monetary judgment. Congress had to pass legislation to enable a tribe to collect an award. Claims averaged about 20 years between filing and settlement. A decision could be appealed to the Court of Claims and the Supreme Court. By 1951, 25 cases had been decided, only 2 in tribes’ favor.

  Do you want to learn more about the Indian Claims Commission?

  "Do We or Don't We?" Indianapolis Times, 9/24/1953

  News that Indian land claims would be adjudicated in court precipitated articles like this one that, by intent or not, posed an imagined threat to state residents. This article states that 200 million acres in the Midwest (Ohio, Michigan, Indiana, Illinois, Wisconsin, and Minnesota) were in question and that "the entire state of Indiana is in dispute." Even though the Indian Claims Commission was only able to make monetary judgments, the article inflames the situation by reporting that non-Indians "may have to give Indiana back to the Indians." Nine tribes were filing land claims for treaty violations in Indiana land cession cases. The cartoon ridicules the government for addressing Indian claims. Courtesy of Glenn A. Black Laboratory of Archaeology and the Trustees of Indiana University.

  "Three Cents Enough to Pay Indians?" Fort Wayne Indiana News, 9/23/1953

  This article raises the issue of injustice to Indians, which some Americans, as well as the Commission, were willing to consider. The U. S. paid for land cessions but the amounts paid were far below market value in many cases taken up by the Commission. Anthropologists at Indiana University (as well as scholars from other universities) were hired by the Department of Justice and by the Tribes suing the government to determine what tribe or tribes had exclusive occupancy of lands in question and what the fair value of the land was at the time of the treaties. The article suggests that ten dollars an acre was probably fair value for lands that the U. S. purchased for three cents per acre. In these cases, threats and fraud had been employed to obtain Indian consent. Courtesy of Glenn A. Black Laboratory of Archaeology and the Trustees of Indiana University.

  "U. S. Approves $12 Million to Pay Sioux for Land." New York Times, 8/6/1967

  The Sioux tribes (including the four Dakota communities in Minnesota) sued the U. S. over the price paid for the land they were pressured to cede during 1805-1863. The Dakotas proved fraud in the treaties of Traverse des Sioux and Mendota. The Sioux also proved that they were paid an unconscionably low amount for the lands they ceded and that the government failed to pay even that low amount in its entirety. They were awarded $12.2 million, to be divided among eight Sioux Tribes. The map shows the land in question. Courtesy of Glenn A. Black Laboratory of Archaeology and the Trustees of Indiana University.

  Erminie Wheeler-Voegelin at the Department of Justice, 1956

  Wheeler-Voegelin was one of the scholars who served as an expert witness for the Indian Claims Commission. She was on the faculty at Indiana University where much of the research on Midwest tribes was done under contract from the Department of Justice. The Commission adopted an adversarial approach so that the lawyers for the Department of Justice cross-examined the experts for the tribes and vice versa. The scholars, who viewed their research as an effort to reach an objective assessment, were extremely uncomfortable with this situation. Scholars, such as Wheeler-Voegelin, tried to instruct the court about Indian understandings of land tenure and other subjects. Their efforts informed, to some degree, subsequent rulings because the trust doctrine of the Supreme Court authorized treaties to be construed as the Indians would have understood them and ambiguities resolved in the Indians' favor. The United States, not the tribes, drew up the documents, so treaties should be read in a manner so as to protect the tribes' right to exist and to change with the times. The work of scholars on the claims also invigorated the field of "ethnohistory" as anthropologists combined the documentary record with ethnographic or archaeological field research and historians used anthropological work in combination with their documentary expertise. Wheeler-Voegelin was a key figure in the field of ethnohistory. Erminie Wheeler-Voegelin Papers (Newberry Library, Ayer Modern MS, Wheeler-Voegelin Box 44, f. 17).

  By the 1960s, Congress, influenced by public opinion, which in turn was shaped by Indian activism, was less hostile to the claims process, and the Indian Claims Commission decided cases in favor of the tribes more often than in early years. Tribal plantiffs won 57 percent of the cases filed. Although the Indian Claims Commission suspended activity in 1978, remaining cases were transferred to the Court of Claims and heard into the 1990s. Congress began making judgment awards in the 1960s, but tribes first had to obtain approval of a plan to use these funds, which delayed the awards for years. Per capita payments from these awards generally were small, about $1,000.

  Some Potawatomi communities filed a claim for unconscionable consideration, that is, they argued that the money they received for their several land cessions was below market value. The Pokagons and other Potawatomis in Michigan successfully petitioned the court to join the other plaintiffs. The Commission ruled in the Potawatomi Tribe’s favor in 1972 and 1973, and a monetary award of over $2,000,000 was made in 1974. It took several years for Congress to provide this money. The Pokagons received their share in 1983.

  Listen to John Low discuss what this claim meant to his community, the Pokagon Potawatomi

  John Low on Pokagon claims. Production by Mike Media Group, 2009. View transcript | View at Internet Archive

  In 1966, Congress passed legislation to allow tribes to bring suit in federal court, so tribes could file a wider variety of cases. For example, the Menominees sued the state of Wisconsin in 1962 after the state arrested tribal members for hunting on land assigned to the Menominee by the treaty of 1854. The state claimed that the termination of the Menominee abrogated the hunting and fishing rights guaranteed by treaty. The case went to the Supreme Court, and in 1968 the Court ruled that Menominee hunting and fishing rights survived termination, that is, tribes have an existence independent of any recognition by Congress and hunting and fishing rights are tribal rights. In other cases, Ojibwa communities filed suit to recover their off-reservation hunting and fishing rights.

  Listen to the Ojibwas’ Attorney Marc Slonim discuss the Mille Lacs v. Minnesota case

  Mille Lacs v. Minnesota. Video courtesy of Indian Country TV, 2009. View transcript

  The land claim cases and the associated frustrations spurred Indian activism. Indian organizations, such as the National Congress of American Indians, lobbied for treaty rights, and treaty rights became the rallying cry for the American Indian Movement. A “treaty rights movement” spread throughout Indian country, helping to shape a general cultural renaissance among Indians and bolstering tribal governments’ demand for sovereignty.

  Read an article in a tribal newspaper on how the Sault Saint Marie Ojibwas insisted on their exemption from the state’s motor fuel and cigarette taxes

  "Tribes close agreements over fishing and taxes," The Sault Tribe News, July 31, 2000

  How do Indian communities support the treaty rights movement?

  Eva Conner, St. Croix Ojibwa, running with the treaty staff in central Wisconsin en route to Washington D.C., 1998

  The Ojibwas had organized a number of culturally significant events in connection with the Mille Lacs v. Minnesota hunting-fishing rights case to be heard at the Supreme Court. The run with the staff energized Ojibwas throughout Minnesota and Wisconsin and elsewhere and lent a religious element to the struggle for treaty rights. Photo courtesy of Charlie Otto Rasmussen.

  Mille Lacs elder Jim Clark speaks to the crowd at the "talking circle" in Washington D.C. prior to the Supreme Court hearing in 1998

  Orations such as this one helped to mobilize support among Ojibwas and educate Ojibwas about their history and culture. Photo courtesy of Charlie Otto Rasmussen.

  At the International Indian Treaty Council, 1981

  Indigenous peoples began to share ideas and extend mutual support for aboriginal rights during the 1970s and 1980s. This council was held on White Earth reservation in Minnesota. In this photo, young people are shown with a drum that reads "International Indian Treaty Council." The drum was used as a means of transmitting prayer and as a way to unify people and restore health. The treaty rights movement motivated many young Indians to become involved in tribal politics and tribal government. Photo courtesy of Randy Croce.

  Vernon Bellecourt at the International Indian Treaty Council, 1981

  Vernon Bellecourt is seated at the table. He was an important founder and leader of the American Indian Movement. Bellecourt, an Ojibwa, was from the White Earth community. Photo courtesy of Randy Croce.

  Listen to Patty Loew, an Ojibwa journalist and activist, discuss the effects of the treaty rights movement

  Treaty Rights Movement. Video courtesy of Indian Country TV, 2009. View transcript

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  Ottawa Delegation to Washington, 1900

  During the late 19th century, Ottawa complaints about treaty violations were ignored by the U. S. Their villages in northern Michigan were in danger of being overrun by American settlers. One of the Ottawa leaders from the Harbor Springs area, Simon Keshigobenese, bought the land there to preserve it for Ottawas (Odawas). By 1900 Ottawa leaders had discovered that the U.S. had ignored the 1855 treaty obligation to invest some of the money paid to the Ottawas for a land cession. Keshigobenese and two other leaders, John Miscogon (standing) and John Kewaygeshik (on the right) went to Washington in 1900 to present the tribe’s grievances. Obtaining no satisfaction, the tribe obtained an attorney and in 1905 sued in the Court of Claims. They won the case and the accomplishment of Keshigobenese and the other leaders was a source of inspiration for future Ottawa leaders. Photo courtesy of National Anthropological Archives, Smithsonian Institution (NAA INV0613000/OPPS NEG 00466B).

  Ojibwas at the Supreme Court, 1998

  Prior to 1999, the Ojibwas had won fishing rights cases based on the 1837 treaty, but Minnesota refused to recognize these decisions, so the Mille Lacs Ojibwa took the case to the Supreme Court, which ruled in their favor on March 24, 1999. On December 1998, prior to the hearing, Ojibwa people from many reservations held a prayer ceremony outside the Court. Tobasonakwut, an Ojibwa spiritual leader from Canada, is shown here leading the pipe prayer ceremony. Photo courtesy of Great Lakes Indian Fish and Wildlife Commission (GLIFWC)

  Lawsuit against the U. S. for Financial Mismanagement

  In 1996, the Native American Rights Fund brought suit against the Department of the Interior on behalf of about 500,000 Indians, including people from the Midwest. At issue was the Department’s management of the income from allotments (largely lease and royalty income). NARF argued that the Department mismanaged and did not properly account for the money in the individual accounts. The income from allotments is collected and managed by the federal government, as trustee. This lawsuit initially was started by an Indian woman from the Blackfeet tribe in Montana, then became a class action suit. The federal district court in Washington DC ruled on behalf of the Indian plaintiffs and the judge ordered the Department to take corrective measures. In 2002, the judge held federal officials, including Secretary of the Interior Gale Norton and Assistant Secretary for Indian Affairs Neal McCaleb (Chickasaw) (shown in the photo) in contempt for not complying in good faith. Norton and McCaleb are shown above at a hearing on Indian trust accounts, held before the House Committee on Resources, February 6, 2002. In the background is Blackfeet Tribal Business Council member James St. Goddard. On December 21, 2010, the United States District Court for the District of Columbia granted preliminary approval to the Settlement. On December 8, 2010, President Obama signed legislation approving the Settlement and authorizing $3.4 billion in funds. Photo by Bill Clark, courtesy of Scripps Howard News Service.

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