I'm Sorry but the wording of the Maine Indian Land Claims Settlement Act (MILCSA) is anything but clear and every time there has been a dispute of the Act, it is the State Courts who do the interpreting and always to the States benefit. Mrs Mills had WHAT to do with the Settlement Act?."Every word was meticulously and Carefully chosen " to make sure them Indians lost all their rights by agreeing to the Act. The tribes were ill advised by the likes of Tom Tureen and forced to swallow a bad pill under pressure by the Feds who warned about the incoming administration as being "Indian Unfriendly " even more so than the State of Maine. Go back and look at the History of it and read the court cases that ensued and especially the gaming act which was not included but was tacked on later to ensure the Tribes had no way out of the Act. There were many, many Tribal members who opposed the Settlement Act whose voices were silenced by the greed of a few.

Gluskabe

As a kid growing up in Old Town we all just played ball, swimming in the river, went to each others houses, some people where very poor, some not as bad, you didn't think about if they lived on Indian Island, Frinch Island or Marsh Island, you were friends.

I remember the 1980 land claim act. When all the people from Indian Island, who I had gone to school with and thought I was friends with, came over and told us they were going to take our houses and stopped speaking to all the "whinichous squasmous" Probably spelled it totally wrong but what they were calling us was "white Bit ches" Kind of put a damper on any feelings of support from a lot of us.

Kate123

What does this issue have to do with you and you being friends with people from Indian Island back in the 1980's? I don't see what one has to do with the other. I think it is time you either grow up and let it go, or keep your comments on what the topic is about. It is small minded people like you who keeps the wedge between non indians and other races. It is time to let petty stuff like that go. We would live in a better enviromment if people could all just get along.

Maybe the point I am trying to make is that they have brought on the prejudice themselves. It isnt' the people in the state of Maine all against the Native Americans. I was responding to Gluskeabe saying that the tribes were forced to "swallow a bad pill". My God, what happened to the Indians was hundreds of years ago. They have paved their own way.

Yes what happened to the Indians was hundreds of years ago, and it still continues to this day. From what I read you were making a statement of being called "white Bit ches". I am sure other people will sure jump on the band wagon on that statement.

picagirl did your people really call Kate123 that name and if so you should say we are sorry.

BigDog, "that name" was first introduced by Kate123 in her writing - about her own experience. But when I was growing up in Bangor in the '50s, I can well remember people talking trash about the Native Americans living on Indian Island. As to the way the Maine government (or any "white man's government" in this country) has treated the native Americans in this state or beyond, whatever the government can't take easily it has taken by force or coersion. If the Maine government entered into any agreement with the Native Americans in 1980, I'm sure every word was carefully structured to give the State as much wiggle room as they thought they would ever need.

glenna

I second your vote!

And I remember growing up in Bangor back in the 1940s!

Perley J. Thibodeau

Mainelyme

New York, New York

BigDog, I can only speak for myself. No I have never called anyone that name, so I don't owe anyone an apology. I was simply stating Kate's comment .

IT TAKES MORE THAN POLES TO BUILD A MODERN MALISEET, PASSAMAQUODDY, PENOBSCOT OR MI'KMAQ ECONOMIC WIGWAM

Governor Baldacci had an opportunity to behave honorably before he acted, either way, in finally supporting or vetoing the Passamaquoddy economic gaming-based initiative, which was passed twice by a majority of representatives in both houses of the Maine congress two years ago.

The Governor’s explanation in resisting an Indian Casino was that his reasons were “personal”. This was, of course, absurd and unacceptable as an explanation by any “public” officer. This was a “no brainer” Mr. Baldacci. The people, through a majority of its representatives spoke in support of it, and not even George Washington would veto a proposed law in such circumstances. For proof of this statement I urged the Governor to read or re-read George Washington’s final address to the nation back in 1789.

In an editorial I strongly urged the Governor and the other citizens of the Great State of Maine to support the economic development initiatives being advanced by the Passamaquoddy tribe or any of our tribes equally with those approved for people from out of state or internationally. I urged that if the Governor, his constituents, his political party and others can not support the tribes, then, at least, they should all simply stay out of the way and leave us alone. When the Governor of Maine said that he would not veto a referendum proposal if two thirds voted in favor was the same as saying he will resist, for personal reasons, an Indian gaming proposal at every opportunity, which speaks loudly of the man’s flip-flop on this issue.

When Baldacci used personal reasons as his basis for using his public authority as Maine’s Governor, he trespassed on the public trust in a citizen’s use, even where that citizen is the Governor, of that authority. As Passamaquoddy representative, Fred Moore, promised, this Indian gaming issue will not go away. None of us will tolerate the dismissing, out of hand, even by the Governor or citizens of Maine, of such proven and legitimate economic development initiatives. This was a betrayal of Indian trust and such betrayal will not be easily forgiven and it will surely never be forgotten.

Governor Baldacci was reminded that it was not too long ago that the Founding Fathers of America, including a General George Washington, as he then was, and leaders just like the Governor himself, eagerly sought the protection, friendship, economic and military assistance of the Maliseets, Passamaquoddy, Mi’kmaq and Penobscot.

You can be sure our historical decision to assist the first leaders of the newly formed, United States of America, required lengthy discussion and deliberation by American and Maliseet representatives in and around the council chambers at Boston, but, after seven days, the Maliseet Chiefs, or “Eastern Indians” as we were then known, as represented by my great grandfather, Ambrose Bear, a Maliseet Chief, agreed to support the American rebellion against King George III of Great Britain. He agreed to join with General George Washington to defend Boston and to protect all the people in this part of the United States of America from military attack by the British army, which was, at that time, poised for just such an attack from Nova Scotia through the north Maine woods to wipe out settlements in Maine and, eventually, Boston and the newly formed United States of America.

These are facts that are well known and that should still be considered in the context of the Governor’s actions as to whether or not he and other Mainers were and are, in fact, upholding the spirit of that the American and Maliseet treaty of July 1776, a treaty that was urgently concluded at a hidden congressional location in the suburbs of Boston at Watertown, Massachusettes in 1776 the very next day after the Declaration of Independence, itself, was proclaimed in that city. This was and remains, in fact, the United States of America’s first valid, unrescinded, foreign treaty with any other Nation on Earth. A here-to-fore, relatively, unmentioned, untaught and unrecognized fact that I am attempting to correct by copying and distributing the treaty for the information of all concerned.

When James Bowdoin, who was then the President of the Massachusettes Bay Colonial Council and representing the newly declared “United States of America on the one part”, and Ambrose Bear, the Maliseet Chief representing the “Eastern Indians” on the other part of that treaty document, negotiated and agreed upon the terms of this treaty it was their mutual intention to form a permanent alliance and friendship for the benefit of both parties at a critical point in our respective histories. It was also their intent that the treaty create and represent political, military and legally binding obligations and a dispute resolution process on and for both parties, which it did and has to this day as evidenced by the following, recent letter I received from Maine’s Senator Susan Collins. In fact, by virtue of the promises exchanged in this treaty, hundreds of Maliseet Indians were immediately commissioned and served honorably as both officers and enlisted men in the American army as recorded in Maine’s archives. Maliseets were the first foreign, non-United States citizens ever to be commissioned as United States army officers.

This treaty is not only still in force as part of the highest law of the land by virtue of the U.S. Constitution, it continues to be the context, or the “spirit and intent”, within which relations between the people of the United States and the Maliseet people must be legally conducted in modern times. Governor Baldacci has, therefore, not complied with the “spirit and intent” of the treaty or obeyed the law by resisting the efforts of the tribes in achieving economic self determination through either gaming initiatives or, if we so choose, commercial fisheries, commercial forestry or any other economic initiatives.

Simply put, the Governor of Maine had no lawful authority to use Maine’s sovereign powers against the Passamaquoddy as he did under the guise of “personal” reasons, or because, in his personal opinion, the Indian gaming initiative was not “sustainable economic development”, especially where his own brother’s client’s Hollywood Slots in Bangor continues to scream out as evidence to the contrary.

The referendum mechanism was truly the proverbial “red” herring. There simply is, in view of international law and the above mentioned valid treaty, no legal requirement for tribal members, who continue to benefit from a valid and constitutionally protected treaty relationship, to have to seek and obtain the permission from citizens of the United States situated in Maine to pursue our own, well proven, gaming-based, economic ventures. This is, of course, equally true with regard to tribal members pursuing or benefiting from our own, self-sufficient canoe making, basket making, fishing or forestry-based economic ventures.

Our experience in gaming here in the north is not only historical, but contemporary as well. No one has more experience in this industry in this region than the tribes. Traditional gaming, in the modern form of electronic technology, is still practiced by the Maliseet. None of these traditional “poles” of our Maliseet and Passamaquoddy tribal economic wigwams ever required anyone’s permission before and there still exists no legal or moral basis, regardless of personal or political expediencies that may exist to attempt to do so now.

There is no legal, realistic, intelligent or credible basis for debate by non-Indians over the Maliseet and Passamaquoddy right to traditionally harvest our forested lands or to traditionally fish our territorial waters. Unfortunately, it is just as clear, but less well known, that organized gaming has always been a third pole of our Maliseet economic wigwam, so to speak, with an equally valid historical tradition and legal basis.

The Maliseets of the Wuloostook (Aroostook region) and our previously mentioned Wabanaki (Abenaki) neighbours, the Mi’kmaq, Passamaquoddy and Penobscot, all played a similar “game of chance” which, in “Malecite-Passamaquoddy” dictionary, is called “altestakon.”, or “waltestakon”. It has been documented as early as a myth collected by the author, Mechling, in 1911, as well as by Maine ethnographers from the 17th century onward. The game is very simple and involves deer or moose antler bone chips marked as dice and sticks being used to keep gaming points.

During his capture by the Maliseets along the coast at Pemaquid, Maine, and his eventual seven year captivity among the Maliseets at Medoctec, near Houlton, in modern-day northern Maine at the end of the 17th century, John Gyles observed how Maliseets had a keen interest in this game. Because of his religious, Protestant New England background, Gyles was very biased against such gaming activities and improperly critical of Maliseet players, citing a concern that has been inappropriately raised many times since then. “By their play with dice,” Gyles records in his journal, “they lose much time, playing whole days and nights together, sometimes staking their whole effects.” Gyles quickly learned, however, that gaming was an integral part of the Maliseet traditional economy and way of life.

My review of Maliseet and Passamaquoddy history in both the United States and Canada illustrates how gaming has been prevalent enough among our people to produce our own version of gambling addiction as early as the 1690’s, nearly 130 plus years before the province of Maine became a state. It is also clear that it is exactly such traditional economic activities (foresting, fishing and gaming) that existed at the time of the Watertown Treaty of 1776 and which, in the 21st century, were meant to be “left alone” and “protected” in their modern forms in Maine as an ongoing treaty obligation.

This was the law then and it is still the law today. These are the relevant facts, in my view, and the United States and the people of Maine, including Governor Baldacci, must have this history and this treaty relationship in mind before making absurd statements or taking “personal” actions for or against economic development by our respective tribes.

To date, it has been unavoidable that there has been uninformed voices of concern coming from the non-Indian community for or against Indian economic development, including Indian gaming, in modern day Maine. But the United States and Maine governments have an obligation not to fuel such concern among it’s citizens, but should instead inform the citizenry of this treaty and the law it represents. They should certainly not go to the complete opposite end of the continuum and oppose tribal economic efforts while favoring out-of-state business interests ahead of Indian treaty allies and friends within this state.

In view of our historical and modern experience in gaming, it is unrealistic for anyone, including Governor Baldacci, to think the Maliseet or Passamaquoddy can stop being interested or practicing something as tribal, traditional and culturally relevant as gaming, anymore than we can stop being interested in how our traditional lands, forests and the fishery is used and represents as a continuing basis of our respective tribal economies. These have always been the means by which tribal members and tribal familes have met our economic needs, and these, I can safely predict, will continue to be, with or without resistance, the means by which we must continue to meet our economic needs.

If I am anywhere near correct with regard to our respective tribal rights and economic interests, it will always be improper for the Governor of Maine and it’s citizens, given our Maliseet Nation’s clear historical support of the United States and the people of Maine, and the existence of a valid treaty, and an obvious tribal need to modernize our respective economies, to resist our efforts to be self-sufficient and to solve our continuing economic needs in our own ways, subject to any obvious, internationally accepted, safety or environmental standards..

I understand when Governor Baldacci states publicly a Racino in Bangor would be good for the economy of the State of Maine, which is his community. I also understand why the Bangor community would lobby for a Racino. These communities have not only a right, but an obligation to develop and maintain a self-sufficient economy for themselves. It certainly doesn’t include us. But, as has been far more eloquently stated by our tribal representatives and local, downeast Maine government representatives, the same need for self-sufficiency is even more true for our tribal communities.

Maliseet, Passamaquoddy, Penobscot and Mi’kmaq tribal members already generate gaming-based revenues. It is not unrealistic for the Passamaquoddy to upgrade their gaming operations in order to benefit, as Hollywood Slots now is, by way of operating and receiving direct, gaming-based financial benefits to pay for escalating Passamaquoddy health, housing, education and social costs, which the United States and Maine are presently paying for either directly or indirectly. The responsibility and opportunity to generate such needed funding rightly belongs to our own Maliseet, Passamaquoddy, Penobscot and Mi’kmaq tribal members and leaders, which, if not resisted by the Governor and people of Maine, they still have every intention of doing.

On July 19th, 1776, just 15 days after the Declaration of Independence, the Treaty of Watertown, concluded at a secret location in a suburb of Boston, with the Maliseet Nation (St. John Indians) was the very first international treaty made on behalf of the new republic of the United States of America and is transcribed as follows:

WATERTOWN TREATY: 1776

WHEREAS, the United States of America, in general Congress Assembled, have ... declared that these United Colonies are ... free and independent States ... and ... have full power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and things which independent States have the right to do;

WE THE GOVERNORS, of the State of Massachusetts Bay, do ... enter into and conclude the following Treaty of Friendship and Alliance....

1st, We the Governors of the said State of Massachusetts Bay, in behalf of the said State, and the other United States of America on the one part, and Ambrose Bear, Newell Sallis, and Francis, delegates of the St. John's Tribe, Joseph Deneguarra, Charles, Mattahu Antrane, Nicholas, John Battis, Peter Andre and Sebattis Netobcobwit, Delegates of the Micmac Tribe of Indians, inhabiting within the Province of Nova Scotia, for themselves, and in behalf of said Tribes on the other part, do solemnly agree that the people of the said State of Massachusetts Bay, and of the other United states of America, and of the said Tribes of Indians shall henceforth be at peace with each other, and be considered as Friends and Brothers united and allied together for their mutual defence, safety and happiness.

2nd, That each party to this Treaty shall, and will consider the enemies of the other as Enemies to themselves, and do hereby solemnly promise and engage to and with each other, that when called upon for that purpose, they shall, and will, to the utmost of their abilities, aid and assist each other against their public Enemies, and particularly, that the people of the said Tribe of Indians shall and will afford, and give to the people of the said State of Massachusetts Bay, and the people of the other United States of America, during their present war with the King of Great Britain, all the aid and assistance in their power.

AND, that they the people of said Tribes of Indians shall not, and will not directly or indirectly give any aid, or assistance to the Troops, or Subjects, of the said King of Great Britain, or others adhering to Him, or hold any correspondence, or carry on any Commerce with them during the present war.

3rd, That if any robbery or outrage happens to be committed by any of the Subjects of the said State of Massachusetts Bay, or any of the United States of America, upon any of the people of said Tribes, the said State shall upon proper application being made, cause satisfaction and restitution speedily to be made to the Party injured.

4th, That if any robbery or outrage happens to be committed by any of the said Tribes of Indians, upon any of the Subjects of the said State, or of any of the other of the United States of America, the Tribe to which the offender, or offenders shall belong, shall, upon proper application being made, cause satisfaction and restitution speedily to be made to the Party injured.

5th, That in case any misunderstanding, quarrel, or injury shall happen between the said State of Massachusetts Bay, or any other United States of America, and said Tribes of Indians, or either of them, no private revenge shall be taken, but a peaceable application shall be made for redress.

6th, That the said Tribes of Indians, shall and will furnish and supply 600 strong men out of said Tribes, or as many as may be, who shall without delay proceed from their several homes up to the Town of Boston within this State, and from thence shall march to join the Army of the United States of America, now at New York, under the immediate command of his Excellency, General George Washington, there to take his orders.

7th, That each of the Indians who shall by their respective Tribes, be appointed to join the Army of the United States of America, shall bring with him a good gun, and shall be allowed One Dollar for the use of it; and in case the Gun shall be lost in the Service, shall be paid the value of it.

AND, the pay of each Man shall begin from the time they sail from Machias for Boston, and they shall be supplied with provisions, and a vessel or vessels for their passage up to Boston. Each private Man shall receive the like pay as is given to our own private Men. The Indians shall be formed into Companies when they arrive in Boston, and shall want them not exceeding the term of three years, unless General Washington and they shall agree for a longer time.

AND, as Joseph Denaquarra, Peter Andre and Sabattis Netobcowit, have manfully and generously offered to enter immediately into the war, they shall be sent as soon as may be, to General Washington to join the Army, and shall be considered as entering into our pay at the time of arrival at New York.

8th, The delegates above named, who may return to their homes, do promise and engage, to use their utmost influence with the Passamaquoddy, and other neighbouring Tribes of Indians to persuade them to furnish, and supply for the said service, as many strong men of their respective Tribes as possible, and that they come along with those of the Tribes of St. John's Micmac.

AND, the said Governor, of the said State of Massachusetts Bay, does hereby engage to give to such of the Passamaquoddy, or other neighbouring Indians, who shall enter into the service of the United States of America, the same pay and encouragement in every particular, as is above agreed to be given to the St. John's, or Micmac Indians, and to consider them as our friends and Brothers.

9th, That the said State of Massachusetts Bay shall, and will furnish their Truckhouses at Machias, as soon as may be with proper Articles for the purpose of supplying the Indians of said Tribes with the necessaries and conveniences of life.

10th, And the said Delegates do hereby annul and make void all former Treaties by them or by others in behalf of their respective Tribes made with any other Power, State, or Person, so far forth as the same shall be repugnant to any of the Articles contained in this Treaty.

Attested.

GIVE ME A BREAK we stick them on a piece of land tell them you live here now but you still cant do what you want because WE WON so they cant build a casino but we can sure they got a few millions but what did we take away from them HOW WOULD YOU FEEL IF IT HAPPENED TO YOU i rest my case peace