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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 2021-04-19T17:20:01+00:00 How We Know 1 image_header 7245 2021-04-19T17:20:01+00:00

  Above: Peace Pipe. Drawing by Seth Eastman in Henry Rowe Schoolcraft, Historical and Statistical Information, Respecting the History, Condition and Prospects of the Indian Tribes of the United States (Newberry Library, Ayer 250 .S3h 1851, v. 2, pl. 512). View catalog record

  Scholars are interested in many issues related to treaties, including the ways treaties are interpreted, the role treaties have played in U. S. history, and the evolution of the treaty rights movement.

  Anthropologists who study language and culture have tried to understand what the treaty councils meant to Indians at the time the councils were held. For example, John D. Nichols considered how the Treaty of 1837 would have been translated to the Ojibwas by interpreters. A key phrase in the treaty is “The privilege of hunting, fishing, and gathering the wild rice [on ceded territory] is guaranteed to the Indians, during the pleasure of the President.”

  Read Nichols’s findings

  The most likely strategy used by an interpreter for [the phrase “privilege of”] would be to inflect the verbs for the activities with a modal prefix daa - “possibility, potentiality,” often translated back into English as “can” or by such other modal auxiliary verbs as “could, may, might.” The result would be something like, “they can hunt, they can fish, and they can gather wild rice” with anishinaabeg “Indians, Ojibwes” as the subject of the verbs. [If “guaranteed”] were translated at all, the most probable equivalent I have found is baataayaakonigaade , with a root baataa - “stuck, firmly fixed in place” and a series of suffixes meaning “it is set by law, by council.” This is a very strong term indicating something absolutely fixed in law by authorities. [If “during the pleasure of the President”] had been translated at all, a literal translation would not have been understood to have placed a limit on the activities. A restrictive phrase would have contradicted the strength of the probable translation of “guaranteed” as baataayaakonigaade “it is firmly fixed in place by law, by council.” (John D. Nichols, “The Translation of Key Phrases in the Treaties of 1837 and 1855,” in Fish in the Lakes, Wild Rice, and Game in Abundance, ed. James M. McClurken, Michigan State University Press, 2000)

  Listen to historian Dave Edmunds discuss the Miami claim regarding the Treaty of Grouseland

  He also points out how treaty rights cases can reveal different attitudes toward United States history and treaties between Indians and non-Indians.

  Dave Edmunds on treaty research. Production by Mike Media Group, 2009. View transcript | View at Internet Archive

  Treaties also are studied by scholars not just as “contracts” between the United States and individual tribes, but for what they reveal about American culture and history. For hundreds of years before the arrival of Europeans, the indigenous peoples of North America had a diplomatic tradition that worked to create peace and law in a multicultural world. In this tradition, all humankind was entitled to the same rights of survival and self-government. In the diplomatic negotiations between Indians and Americans, this vision survived and was instrumental in the survival of American Indian tribalism. The United States adopted the diplomatic tradition of Native peoples.

  Robert Williams and other scholars have identified the components of this tradition.First, treaty councils were sacred occasions. A pipe ceremony always was central to the negotiations and necessary to the treaty’s legitimacy. The pipe ritual was a sacred promise to the Creator that the parties to the agreement would keep their word. Speeches always were part of the council. Indian orators explained the history behind the agreement—what happened in the past and what grievances existed. They educated the treaty partners about the behavior expected in the future and reinforced shared values. Speeches, often reinforced by songs and dances, were intended to overcome any estrangement and create social and psychological unity among the participants. In their speeches, Indians and Americans used kinship metaphors. Kinship relations established rights and obligations. The term “father” (or “Great Father,” meaning the U. S. President) implied that the father had a duty to protect and help his children and to mediate disputes—he was not a dominating figure. The term “brother” meant that the parties were equal and obligated to help one another. Rituals to express and promote social unity, such as gift-giving, were part of the treaty councils and these were more important to Indians than words on a document. Another important ritual was the “linking of arms” among the participants. When Indians ceded land, they intended to live on it with Americans as “brothers,” so they often insisted on linking arms to symbolize human solidarity.

  Read Some of the Speeches at the Greenville Treaty

  June 17. General Anthony Wayne: I take you all by the hand as brothers, assembled for the good work of peace. . . . I now deliver to each tribe present a string of white wampum to serve as records of the friendship that is this day commenced between us.

  June 21. Te-ta-boksh-ke, Delaware [To Wayne]: Brother, listen! We are here met by permission of the Great Spirit. Our forefathers used soft cloths to dry up their tears. We use this [wampum] and hope by its influence to do away all past misfortunes.

  July 21. Tarke, Wyandot chief: Brothers of the Fifteen Fires (the United States), listen! And you my nephews, the Delawares…,younger brothers Shawnee and Miami, and elder brothers, Ottawas, Chippewas, and Pattawatamies. We are assembled this day in the presence of God Above….I now take the tomahawk out of your head; but, with so much care that you shall not feel pain or injury. I will now tear a big tree up by the roots and throw the hatchet into the cavity which they occupied where the waters will wash it away where it can never be found.

  July 23. Mash-i-pi-nash-i-wish, Chippewa [Ojibwa] chief: Elder brother, listen! The Great Spirit above hears us, and I trust we shall not endeavor to deceive each other . . . . When I show you this [white] belt, I point out to you your children at one end of it and mine at the other . . . . I now tell you that we will assist you to the utmost of our power to do what is right. Remember, we have taken the Great Spirit to witness our present actions. We will make a new world.

  [Articles of the treaty are read.]

  August 7. Tarke, Wyandot chief: Now, all my brothers present, you see that we have acknowledged and called on the United States as our father. . . . I now deliver this wampum [blue and white], in presence of you all, as a token of our being now the children of the Fifteen Fires.

  General Wayne: I have hitherto addressed you as brothers. I now adopt you all in the name of the President and Fifteen great Fires of America, as their children. The medals which I shall have the honor to deliver you, you will consider as presented by the hands of your father, the Fifteen Fires of America. These you will hand down to your children’s children, in commemoration of this day—a day in which the United States of America gives peace to you and all your nations, and receives you and them under the protecting wings of her eagle. (from minutes of the Treaty of Greenville, 1795. Texts of Documents. George Washington Administration, 1789-1797 (v. 27), National State Papers of the United States, 1789-1817, pp. 10-36)

  Research also has shown that Americans have a national “mythology” that shapes who they are as a people and expresses the idea that Indians were inferiors who stood in the way of progress. This belief conflicts with actual historical events and circumstances. In their diplomatic negotiations, Indians accommodated and cooperated, looked for common interests, and tried to promote equality in a multicultural society.

  Scholars have also explored the contemporary significance of treaties or the “treaty movement” for Indian people. Indian activism during the past 65 years produced a national movement that highlighted and promoted the recognition of treaty rights. The cases adjudicated by the federal courts resulted in an increased sense of injustice that fueled the support for activists protesting “broken treaties.” For example, the Indian Claims Commission limited the kinds of claims that would be heard, awarded only money (rather than the return of land fraudulently taken), and largely excluded direct Indian participation in court proceedings. Cases in other courts did not always result in decisions favorable to tribes, and even decisions that supported treaty rights did not necessarily result in awards for damages. But the reaffirmation of treaty rights by the courts encouraged tribes to reexamine their relationship with state and federal governments, and the “broken treaties” theme became a vehicle for leaders to use to generate support for sovereignty and for Native people to express their grievances. The struggle for treaty rights also engaged non-Indians as it appealed to their moral and legal sensibilities.

  In Indian communities, political support for treaty rights was equated with preserving Native heritage and also expressed Native peoples’ aspirations for recognition and respect. Traditional symbols and activities were revitalized and embraced in new ways, sometimes for new purposes—for example, ideas about the spirit world, oratory and prophesy, warrior regalia (such as a staff), feasting and gift-giving, the use of Native language, and pipe ritual.  In the struggle for treaty rights, there was a reinvigoration of ethnic distinctiveness in the modern world.

  Listen to anthropologist Larry Nesper discuss the treaty rights movement among Ojibwas

  Larry Nesper on the treaty rights movement among Ojibwas. Production by Mike Media Group, 2009. View transcript | View at Internet Archive

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  “Indians’ Claims Hang on Anthropologists.” World-Telegram, New York, New York, 9/25/1953

  The article explains that the research of scholars will be crucial to the Indian Claims Commission’s efforts to resolve treaty claims. These “expert witnesses” were hired to study primary documents, such as correspondence, journals, and maps, to determine what tribes occupied the areas ceded at treaty councils and what the value of the land was at the time it was ceded. Many of the scholars who worked on these claims were anthropologists, but all the experts used the “ethnohistorical method,” which used primary sources and interpreted them from an anthropological perspective. Part of the anthropological perspective was to view the issues, such as rights to land, from the Indian viewpoint. The federal courts by tradition relied on the Indian interpretation of treaties in resolving disputes. Courts depended on scholars to explain the Indian perspective in these cases. Photo courtesy of Glenn A. Black Laboratory of Archaeology and the Trustees of Indiana University.

  Peace Pipe

  Seth Eastman drew this pipe in the mid-19th century. It was Ojibwa or Dakota; these “peace pipes” were very similar from tribe to tribe. The bowl was made of stone and the stem or calumet was decorated with feathers and other ornamentation that symbolized prayer and served as a religious oath. The pipe was passed in a circle from man to man so that all were bound by the agreements made at treaty councils. Drawing by Seth Eastman in Henry Rowe Schoolcraft, Historical and Statistical Information, Respecting the History, Condition and Prospects of the Indian Tribes of the United States (Newberry Library, Ayer 250 .S3h 1851, v. 2, pl. 512).

  Miami Wampum Belt

  This belt is made of dark purple and white shell beads on buckskin. It belonged to Deaf Man, Miami chief, ca. 1775-1800. This probably was used to initiate a war alliance because it once was painted red, but woven belts of quahog shell beads called “wampum” (from the language of the New England Algonkians) often were presented by Indians to other participants at peace treaty councils in order to emphasize messages. The belt (or a string of wampum) was associated with specific agreements or events (often symbolized by designs) and stressed the importance and truth of what was said. Acceptance of a belt meant that the recipient accepted the message. Photo by Robert Hensleigh, courtesy of Detroit Institute of Arts and Cranbrook Institute of Science.

  Pipe Tomahawk given to Miami chief Deaf Man at the Treaty of Greenville, 1795

  It is made of maple with iron, steel, and silver inlay. These pipes were made by European and American smiths to be presented to important Indian leaders. Pipe tomahawks often were given as gifts at treaty councils. The pipe bowl shape symbolizes peace between the giver and the receiver. Photo courtesy of Detroit Institute of the Arts, Founders Society Purchase with funds from Flint Ink Corporation (DIA_81.205).

  Peace Medal

  This medal was given by the U. S. government to Wyandot chief Tarhee at the signing of the Treaty of Greenville in 1795. Medals were among the gifts the U. S. gave to Indian leaders. These gifts signified alliance and chiefs wore them at councils as long as the alliance held. Many of these medals had images of the U. S. President. Courtesy of Philadelphia History Museum at the Atwater Kent, the Historical Society of Philadelphia Collection.

  Treaty Clothing

  This Dakota delegation went to Washington DC for a council with U. S. officials in 1858. Even in the late 19th century and afterwards, delegations received gifts, often including clothing, and quite possibly hats like these worn by the delegates in the photo. Standing, left to right: Akepa, Scarlet Plume, Red Iron, John Other Day, Little Paul, and Charles R. Crawford. Seated, left to right: Iron Walker, Stumpy Horn, Sweet Corn, and Extended Tail Feathers. Photo courtesy of Minnesota Historical Society.

  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. Language instruction programs increased as a result of the treaty rights movement and the associated cultural revival. Photo courtesy of Great Lakes Indian Fish and Wildlife Commission (GLIFWC).

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