Brothertown Indians
Total population | |
---|---|
4000 enrolled (as of 2013) Pequot, Narragansett, Montauk |
The Brothertown Indians (also Brotherton), located in
Under pressure from the United States government, the Brothertown Indians, together with the
Seeking to regain federal recognition, the Brothertown Indians filed a documented petition in 2005. The Bureau of Indian Affairs (BIA) notified the tribe in 2009 that the 1839 act granting the Brothertown United States citizenship and dissolving their communal reservation land, had effectively terminated the people as a sovereign tribe. In September 2012, in the final determination on the Brothertown petition, the acting Assistant Secretary determined that the group previously had a relationship with the United States, but had its tribal status terminated by the 1839 act which could only be restored by a new act of Congress. Because Brothertown could not satisfy mandatory criteria for federal acknowledgment, the Department did not look to the other criteria in making its final determination. [4][5] The Brothertown Indians are continuing to pursue federal recognition.
The Brothertown Indians are one of twelve[6] tribes residing in Wisconsin and the only one that does not have federal recognition.[1] The tribe is estimated to have more than 4,000 members as of 2013.
History
Tribe forms in New England
The Brothertown Indian Nation (Eeyamquittoowauconnuck) was formed by three leaders of the
After the
By the 1830s, the Brothertown Indian Nation sold its land to the state of New York and purchased land in Wisconsin; where the 4000+ member tribe thrives in twenty-first century America.[10]
Treaties to move west
In 1818 members of the Brothertown Indian tribe, Isaac Wobby and Jacob Dick, were granted reservations in what is now Delaware County, Indiana by the Treaty with the Delawares made at St. Mary's. They were accompanied to the treaty negotiations by Thomas Dean, a manager of Indian affairs in Oneida County, New York. Dean was attempting to resettle the Brothertown Indians on lands where their presence would be tolerated. However, these reservations were soon owned by Goldsmith Gilbert, business man who founded Muncie, Indiana.[citation needed]
In 1821, numerous New York tribes signed a treaty with the federal government and acquired 860,000 acres (3,500 km2) in
The federal government mediated a settlement with three treaties signed in 1831 and 1832. The settlement with the Brothertown consisted of exchanging the formerly agreed-upon lands for the 23,040 acres (93 km2) now referred to as the entire
Tribe moves west to Wisconsin
The Brothertown leadership led the move west so they could live in peace away from European-American influences.
In 1834, the Brothertown Indian Nation requested U.S. citizenship and allotment of land by individual title to tribal members (the land had been considered tribal property) in order to avoid being forced to move west again. On March 3, 1839, Congress passed an act granting the Brothertown Indians U.S. citizenship, making them the first Indians to acquire it formally. One member,
The tribe did not give up their sovereignty for citizenship. The
Federal recognition status
Termination policy
As part of the
In an effort to fight termination and force the government into recognizing their outstanding land claims from New York, the three tribes began filing litigation in the 1950s.[18] As a result of a claim filed with the Indian Claims Commission, the group was awarded a settlement of $1,313,472.65 on August 11, 1964.[16] To distribute the funds, Congress passed Public Law 90-93 81 Stat. 229 Emigrant New York Indians of Wisconsin Judgment Act, and prepared separate rolls of persons in each of the three groups to determine which tribal members had at least one-quarter "Emigrant New York Indian blood." It directed tribal governing bodies of the Oneida and Stockbridge-Munsee to apply to the Secretary of the Interior for approval of fund distributions, thereby ending termination efforts for these tribes. With regard to the Brothertown Indians, however, though the law did not specifically state they were terminated, it authorized all payments to be made directly to each enrollee, with special provisions for minors to be handled by the Secretary, though the payments were not subject to state or federal taxes.[19] Part of the settlement required each of the tribes to update their membership rolls.[20]
Restoration
In 1978, the federal government developed guidelines for tribes who lost recognition under the termination policy in order to allow them to regain federal recognition.[20] The Brothertown submitted its first petition of intent that year to gain federal recognition as a tribe, in order to be able to provide for people who live away from their small reservation, as well as to have status among federally recognized tribes.[21] They want to establish historical records for their people as well. They contend they have maintained cultural identity and continuity, as well as political government.
In 1993 the Bureau of Indian Affairs (BIA) acknowledged that the Brothertown Indians had been recognized as a sovereign tribe by the federal government in provisos to treaties of 1831 and 1832, and in the 1839 act granting them citizenship and allocation of lands in Wisconsin.[22] The Office of the Solicitor of the Department of Interior confirmed in writing to the tribe that the Brothertown Indian Nation was eligible to petition the BIA for federal recognition, a process that the tribe has been pursuing. Had Congress's granting of citizenship status stripped the Brothertown Indian Nation of its federal acknowledgment in 1839, the tribe would have been deemed ineligible for the BIA's federal acknowledgment process (25 CFR sec. 83), and only an act of Congress could give the tribe federal acknowledgment.[23][24] Based on the BIA's ruling, the Brothertown Indians spent several years compiling the data required to petition for federal recognition from the Department of Interior's BIA and submitted a detailed petition in 2005.[22]
In 2009, the Brothertown Indians were notified by the BIA of the preliminary finding that they did not satisfy five of the seven criteria for recognition.[22] More importantly, the BIA reinterpreted its 1993 policy memo, and said in a press release that the tribe lost its federal status by the 1839 Congressional act:
Congress, in the act of 1839, brought federal recognition of the relationship with the Brothertown Indian tribe of Wisconsin to an end. By expressly denying the Brothertown of Wisconsin any federal recognition of a right to act as a tribal political entity, Congress has forbidden the federal government from acknowledging the Brothertown as a government and from having a government-to-government relationship with the Brothertown as an Indian tribe.[22]
In September 2012, in the final determination on the Brothertown petition, the acting Assistant Secretary determined that the group previously had a relationship with the United States, but had its tribal status terminated by an 1839 Act of Congress. Because Brothertown could not satisfy one of the seven mandatory criteria for federal acknowledgment, the Department did not look to the other criteria in making its final determination. The acting Assistant Secretary noted that only Congress may restore the tribal status of Brothertown and thus its government-to-government relationship with the United States.[4]
The Brothertown Council and Recognition/Restoration committee have developed a strategic plan to lobby politicians from the local town level up through Congress to regain tribal status.[1] In an ongoing effort to regain recognition, the tribe asked the Town Board of Brothertown, Wisconsin for support. In a vote held on December 27, 2013, the town refused to endorse a plan to seek Congressional approval.[25]
Governance
Enrolled members of the Brothertown Indian Nation elect tribal officers, and its tribal council meets monthly. They have bought back a small portion of their former reservation in Wisconsin and function with some degree of self-government in the state of Wisconsin. As individual Native Americans, members who satisfy federal blood quantum rules have certain rights and may gain some federal assistance, such as scholarships available to some Native Americans. The lack of federal recognition reduces their access to certain programs.[1]
Culture
The Brothertown Indian Nation remain a culturally distinct Indian community, with the largest concentration residing in the Fond du Lac, Wisconsin area. In 1999 the nation had about 2400 enrolled members.[26] Tribe councilwoman Dr. Faith Ottery estimates that, as of 2013, there are approximately 4000 members enrolled in the tribe.[1] She estimated about 1,800 reside in Wisconsin with 50% within 50 miles (80 km) of the original reservation and about 80% within about 80 miles (130 km).[1] Some tribe members own land within the 1842–45 original reservation boundaries.[1]
Brothertown members hold their Annual Powwow the first Saturday in April as well as a picnic in July and their Homecoming gathering the third Saturday in October. Many Brothertown Indians have been buried at Union Cemetery in the town of Brothertown, and Quinney Cemetery located just outside the former reservation boundary. Brothertowners return to these grave sites yearly to honor their ancestors and tend to the burial sites. The tribe recently purchased a renovated one-room school house on a plot of land located near existing Brothertown, Wisconsin. The Brothertown Indian Nation Cultural Center is located at N1866 US-151, Chilton, WI 53014.[1]
Archaeological project
In 2007, the Brothertown Indian Nation supported the archaeologist Craig Cipolla of the University of Pennsylvania to begin an archaeological survey and excavation on historic Brothertown sites in Wisconsin. He is conducting outreach to gain community involvement by Brothertown members and local landowners. The goal of the project is to locate, map and explore sites in need of preservation.[26][27]
Notable members
- Thomas Commuck (1804-1855), whose 1845 collection Indian Melodies has been described as the first published musical work by a Native American.[28][29]
Further reading
- Brown-Pérez, K.A. (2017). By Whatever Means Necessary: The U.S. Government’s Ongoing Attempts to Remove Indigenous Peoples During an Era of Self-(De)termination. New Diversities, 19(2), 7-23.
- Craig N. Cipolla, Becoming Brothertown: Native American Ethnogenesis and Endurance in the Modern World, University of Arizona Press (September 25, 2013), hardcover, 224 pp. ISBN 978-0-81653030-4.
- Patty Loew, Indian Nations of Wisconsin: Histories of Endurance and Renewal (2013).
References
- ^ a b c d e f g h i Burg, Faye (October 24, 2013). "Ottery fosters tribe's identity". Tri-County News. I want the news. pp. 1, 7. Archived from the original on October 29, 2013. Retrieved October 27, 2013.
- ^ "Brothertown Indians"
- ^ Brothertown History, Life in New York, Indian Country
- ^ a b "Archived copy" (PDF). Archived from the original (PDF) on May 2, 2017. Retrieved September 23, 2013.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Laverdure issues a final declaration regarding Brotherton Indian Nation petition for Federal acknowledgement" (PDF). Office of the Assistant Secretary – Indian Affairs – United States Department of the Interior. September 7, 2012. Archived from the original (PDF) on May 2, 2017. Retrieved September 23, 2013.
{{cite web}}
: CS1 maint: others (link) - ^ "American Indians in Wisconsin - Overview". Wisconsin Department of Health Services. August 12, 2014. Retrieved December 11, 2018.
- ^ Samson Occom Letters, Dartmouth College Library
- ^ Thomas Commuck, "Sketch of the Brothertown Indians" (1859), Wisconsin Historical Collections
- ^ Lennox, Herbert John (1935). Samuel Kirkland's mission to the Iroquois. Chicago: University of Chicago Libraries.
- ^ "Brothertown Indians" Archived June 11, 2011, at the Wayback Machine, Wisconsin History
- ^ Dean, Thomas (1918). Journal of Thomas Dean: An Account of a Voyage to Indiana in 1817. Indianapolis: J. C. Dean. pp. 5–10.
- ^ Commuck, Thomas (1859). "Sketch of the Brothertown Indians". digicoll.library.wisc.edu. Retrieved September 30, 2017.
- ^ "United States Bureau of Indian Affairs. Proposed Finding Against Acknowledgment of The Brothertown Indian Nation (Petitioner #67): Prepared in Response to the Petition Submitted to the Assistant Secretary – Indian Affairs for Federal Acknowledgment as an Indian Tribe, August 17, 2009; pp. 74–75" (PDF). Archived from the original (PDF) on September 21, 2012. Retrieved July 18, 2012.
- ^ INDIAN AFFAIRS: LAWS AND TREATIES Archived September 5, 2006, at the Wayback Machine, Compiled and edited by Charles J. Kappler. Washington, DC: Government Printing Office, 1904, available online at Digital Library, Oklahoma State University. Retrieved January 4, 2007
- ^ "Legislation Terminating Federal Controls over Eight Indian Groups Submitted to Congress, 21 January, 1954" (PDF). Archived from the original (PDF) on June 10, 2014. Retrieved December 29, 2014.
- ^ a b "Archived copy" (PDF). Archived from the original (PDF) on June 10, 2014. Retrieved December 29, 2014.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Indian Claims Commission awards over 38.5 million to Indian tribes in 1964" (PDF). Bureau of Indian Affairs. January 20, 1965. Archived from the original (PDF) on June 10, 2014. Retrieved December 29, 2014.
{{cite web}}
: CS1 maint: others (link) - ^ "Efforts have gone on for years to get Brothertown recognition". Archived from the original on October 29, 2013. Retrieved October 27, 2013.
- ^ "Public Law 90-93". Archived from the original on March 3, 2016. Retrieved December 29, 2014.
- ^ a b Burg, Faye (October 19, 2013). "Efforts have gone on for years to get Brothertown recognition". Tri-County News. Archived from the original on October 29, 2013. Retrieved October 29, 2013.
- ^ Hughes, Pamela (September 26, 2008), "Brothertown Indians' recognition efforts take step forward", Indian Country Today, archived from the original on October 30, 2013, retrieved July 16, 2012.
- ^ a b c d Toensing, Gale Courey (September 11, 2009), "BIA denies Brothertown federal acknowledgment", Indian Country Today, archived from the original on January 10, 2015, retrieved July 16, 2012.
- ^ Indian Country Today[permanent dead link].
- ^ "Brothertown Indians" Archived October 10, 2008, at the Wayback Machine, Federal Reporter, September 18, 2008
- ^ Burg, Faye (January 13, 2014). "Town action surprises tribe, county". I want the News. Tri-County News. Archived from the original on December 17, 2014. Retrieved December 29, 2014.
- ^ a b "Brothertown Archeological Project"[permanent dead link], Craig Cipolla website
- ^ "Brothertown archaeological project planned". Tri-County News. May 24, 2007. p. 3.
- ^ "Indian Melodies by Thomas Commuck, a Narragansett Indian". December 10, 2013. Retrieved December 3, 2018.
- ISBN 978-0-252-07760-9.