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102-733: Federal recognition of the tribe was terminated in the 1960s under policy of the time which stressed assimilation. During that period, they brought what has become a landmark case in Indian law to the United States Supreme Court , in Menominee Tribe v. United States (1968), to protect their treaty hunting and fishing rights. The Wisconsin Supreme Court and the United States Court of Claims had drawn opposing conclusions about

204-567: A Federal task force began meeting with the tribes of the Six Nations. Despite tribal objections, legislation was introduced into Congress for termination. The proposed legislation involved more than 11,000 Indians of the Iroquois Confederation and was divided into two separate bills. One bill dealt with the Mohawk , Oneida , Onondaga , Cayuga and Tuscarora tribes and the other dealt with

306-517: A claim, August 1951, caused many tribes to file in the months preceding the end of the registration period. In some instances, pending claims cases with complex legal issues aided the tribes in preventing termination, while in others, tribes were taken advantage of again by government agents and their associates. Federal policy up until the 1940s had mainly held that the Federal Government had sole jurisdiction over Indians. The Kansas Act of 1940

408-482: A kind of sovereignty and independence for tribes on reservations, in other ways they depended on a complex bureaucracy for services. In 1955, Nevada extended state jurisdiction over public offenses "committed by or against Indians in the areas of Indian country" and determined that Indian customs and traditions which were inconsistent with any State law would not be given full force and effect in civil actions. Montana enacted legislation covering criminal offenses for

510-577: A law which phased out the Menominee reservation, effectively terminating its tribal status on April 30, 1961. Commonly held tribal property was transferred to a corporation, Menominee Enterprises, Inc. (MEI). It had a complicated structure and two trusts, one of which, First Wisconsin Trust Company, was appointed by the BIA. First Wisconsin Trust Company always voted its shares as a block, and essentially could control

612-615: A missionary priest in Michigan, who in his 1878 dictionary wrote: Mishinimakinago; pl. -g. —This name is given to some strange Indians (according to the sayings of the Otchipwes [Ojibwe]), who are rowing through the woods, and who are sometimes heard shooting, but never seen. And from this word, the name of the village of Mackinac , or Michillimackinac , is derived. Maehkaenah is the Menominee word for turtle. In his The Indian Tribes of North America (1952), John Reed Swanton recorded under

714-460: A notable forestry resource and ably manages a timber program. In an 1870 assessment of their lands, which totaled roughly 235,000 acres (950 km), they counted 1.3  billion standing board feet (3.1 million cubic metres ) of timber. As of 2002 that has increased to 1.7 billion board feet (4.0 million m). In the intervening years, they have harvested more than 2.25 billion board feet (5.3 million m). In 1994,

816-658: A series of laws directed at dismantling tribal sovereignty. From June 1940 until September 1950, six laws were passed that gave states criminal or limited-criminal jurisdiction over tribes and reservations within those states. In 1949, the Hoover Commission reports, recommending integration of Native peoples into mainstream society, and the 1952 House Report (HR No. 2503), investigating the Bureau of Indian Affairs , both portrayed termination as cost effective and benign in its effects. House concurrent resolution 108 of 1953 announced

918-623: A small isolated wigwam . As part of this transition, youth meet individually with Elders for interpretation of their dreams, and to receive information about what adult responsibilities they will begin to take on following their rites of passage. Traditional Menominee diets include local foods such as Allium tricoccum (ramps, or wild garlic). Boiled, sliced potatoes of Sagittaria cuneata are traditionally strung together and dried for winter use. Uvularia grandiflora (bellwort) has historically been used to treat pain and swellings. Pseudognaphalium obtusifolium, ssp obtusifolium (rabbit tobacco)

1020-520: A sovereign nation. At the time, the Klamath people in Oregon were the only other tribal group identified for termination. The Bureau of Indian Affairs (BIA) believed the Menominee were sufficiently economically self-reliant on their timber industry to be successful independent of federal assistance and oversight. Before termination, they were one of the wealthiest American Indian tribes. In 1954, Congress passed

1122-422: A state in 1958, Alaska was added to the list of covered states where termination would be the goal. Public Law 280 also allowed any state to assume jurisdiction over Indian lands by a statute or an amendment to the state constitution. This law made both the states and Native Americans unhappy: the former because they had new responsibilities without any increase in funding to support additional staff and supplies,

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1224-537: A territory of about 10 million acres (40,000 km) in the period of European colonization. They are believed to have been well-settled in that territory for more than 1,000 years. By some accounts, they are descended from the Old Copper Culture people and other indigenous peoples who had been in this area for 10,000 years. Menominee oral history states that they have always been here and believe they are Kiash Matchitiwuk (kee ahsh mah che te wuck) which

1326-453: A total area of 362.8 square miles (939.6 km), of which 355.5 square miles (920.7 km) is land and 7.3 square miles (18.9 km) is water. The small non-reservation parts of the county are more densely populated than the reservation, with 1,223 (28.7%) of the county's 4,255 total population, as opposed to the reservation's 3,032 (71.3%) population in the 2020 census . The most populous communities are Legend Lake and Keshena. Since

1428-420: A tribal constitution in 1976, and elected a new tribal government, which took over from BIA officials in 1979. During the period of termination, when the Menominee individually were subject to state law, in 1963 three members of the tribe were charged with violating Wisconsin's hunting and fishing laws on what had formerly been their reservation land for more than 100 years. The tribal members were acquitted. When

1530-928: A vote held on 27 December 2013, the town refused to endorse a plan to seek Congressional approval. In 1954 at Congressional hearings, the Flathead Tribes were able to resist the government's plans to terminate their tribe. An opinion issued April 8, 1980 in the US District court for the State of Montana confirmed that the Flathead Reservation held in trust by the US Government had not been diminished nor terminated since enactment of The Flathead Act of April 23, 1904. It further clarified that Congress's intent to terminate must be clear and cannot be inferred, stating "A congressional determination to terminate must be expressed on

1632-617: A written constitution establishing an elected government. The tribe took over tribal government and administration from the Bureau of Indian Affairs (BIA) in 1979. The Menominee are part of the Algonquian language family of North America, made up of several tribes now located around the Great Lakes and many other tribes based along the Atlantic coast. They are one of the historical tribes of present-day upper Michigan and Wisconsin; they occupied

1734-547: A written constitution. It elects a tribal council and chairman. The Menominee developed the College of Menominee Nation in 1993 and it was accredited in 1998. It includes a Sustainable Development Institute. Its goal is education to promote their ethic for living in balance on the land. It is one of a number of tribal colleges and universities that have been developed since the early 1970s, and one of two in Wisconsin. The nation has

1836-462: Is "Ancient Ones". Their reservation is located 60 miles west of the site of their Creation, according to their tradition. They arose where the Menominee River enters Green Bay of Lake Michigan, where the city of Marinette, Wisconsin , has since developed. Their name for themselves is Mamaceqtaw , meaning "the people". The name "Menominee" is not their autonym . It was adopted by Europeans from

1938-420: Is also used medicinally. Taenidia integerrima (a member of the parsely family ) is taken as a root infusion for pulmonary troubles, and as chew, the steeped root, for 'bronchial affections'; it is also used as a companion herb in other remedies because of its pleasant smell. The inner bark of Abies balsamea is used as a seasoner for medicines, taking an infusion of the inner bark for chest pain and using

2040-778: The Battle of Mackinac Island . During the ensuing decades, the Menominee were pressured by encroachment of new European-American settlers in the area. Settlers first arrived in Michigan, where lumbering on the Upper Peninsula and resource extraction attracted workers. By mid-century, encroachment by new settlers was increasing. In the 1820s, the Menominee were approached by representatives of the Christianized Stockbridge-Munsee Indians from New York to share or cede some of their land for their use. The Menominee gradually sold much of their lands in Michigan and Wisconsin to

2142-488: The Brothertown Indians submitted a petition. It was rejected because they had lost federal recognition through congressional legislation granting them citizenship. The Bureau of Indian Affairs acknowledged in 1993 that the federal government had recognized them as a sovereign tribe in treaties for 1831, 1832 and in the "1839 act which granted them citizenship and gave the tribe land in Wisconsin". Based on these findings

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2244-505: The Flathead , Klamath , Menominee , Potawatomi , and Turtle Mountain Chippewa , as well as all tribes in the states of California , New York , Florida , and Texas . Termination of a tribe meant the immediate withdrawal of all federal aid, services, and protection, as well as the end of reservations. Individual members of terminated tribes were to become full United States citizens and have

2346-777: The Fox and Kickapoo tribes. All four spoke Anishinaabe languages , part of the Algonquian family. The five principal Menominee clans are the Bear, the Eagle, the Wolf, the Crane, and the Moose. Each has traditional responsibilities within the tribe. With a patrilineal kinship system, traditional Menominee believe that children derive their social status from their fathers, and are born "into" their father's clan. Members of

2448-485: The Ojibwe people , another Algonquian tribe whom they encountered first as they moved west and who told them of the Menominee. The Ojibwe name for the tribe was manoominii , meaning " wild rice people", as they cultivated wild rice as one of their most important food staples . Historically, the Menominee were known to be a peaceful, friendly and welcoming nation, who had a reputation for getting along with other tribes. When

2550-588: The Oneota culture arose in southern Wisconsin between AD 800 and 900, the Menominee shared the forests and waters with them. The Menominee are a Northeastern Woodlands tribe. They were initially encountered by European explorers in Wisconsin in the mid-17th century during the colonial era, and had extended interaction with them during later periods in North America. During this period they lived in numerous villages which

2652-471: The Spirit Lake Tribe but retained the right of the federal government for jurisdiction on offenses against federal law. In 1945, earnest discussion began on creating an Indian Claims Commission . The idea had been circulating for years but had never gained much momentum. However, in the wake of termination, it took on new life. Policymakers saw that settling claims would become the means to speed along

2754-506: The Tiwa Indians of Ysleta, Texas which transferred federal authority to the State of Texas in 1968. (The Ponca status was restored in 1990 and the Tiwa status was restored in 1987.) Presidents Lyndon B. Johnson and Richard Nixon changed federal policy, encouraging Indian self-determination instead of termination. Forced termination is wrong, in my judgment, for a number of reasons. First,

2856-492: The "Wisconsin" section: "Menominee," a band named "Misi'nimäk Kimiko Wini'niwuk, 'Michilimackinac People,' near the old fort at Mackinac, Mich." Michillimackinac is also spelled as Mishinimakinago, Mǐshǐma‛kǐnung, Mi-shi-ne-macki naw-go, Missilimakinak, Teiodondoraghie. The Menominee are descendants of the Late Woodland Indians who inhabited the lands once occupied by Hopewell Indians , the earliest human inhabitants of

2958-528: The 2000 census, the urban Indian population was 64% higher than it had been in the pre-termination era of the 1940s. California In 1968, President Lyndon B. Johnson proposed ending termination, building partnerships between tribal governments and the United States, and fostering tribal self-determination and self-development, though the proposal never passed. Subsequent presidents followed this informal approach until 1988, when House Concurrent Resolution 108

3060-968: The BIA issued by the Department of the Interior indicated additional terminations were being reviewed in proposed legislation for four Indian communities of southern Minnesota , including the Lower Sioux Community in Redwood and Scott counties, the New Upper Sioux Community in Yellow Medicine County, the Prairie Island Community in Goodhue County, and about 15 individuals living on restricted tracts in Yellow Medicine County. Public Law 280, passed in 1953, gave State governments

3162-672: The BIA, repealing laws that discriminated against Indians, and ending federal supervision of Indians. Senator Arthur V. Watkins of Utah , the strongest proponent of termination, equated it with the Emancipation Proclamation , which had declared the freedom of all slaves in the territory of the Confederate States of America . In 1953, the United States House of Representatives and the Senate announced their support for

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3264-511: The Chinese. As the canoe approached the shore, Nicolet put on a silk Chinese ceremonial robe, stood up in the middle of the canoe and shot off two pistols. Pierre François Xavier de Charlevoix, a French Catholic clergyman, professor, historian, author and explorer, kept a detailed journal of his travels through Wisconsin and Louisiana. In 1721 he came upon the Menominee, whom he referred to as Malhomines ("peuples d'avoines" or Wild Oat Indians), which

3366-604: The Cold Springs, Middletown, and Montgomery Creek Rancherias of California and the Wyandotte Tribe of Oklahoma but, due to errors in process, were not successfully terminated. Some tribes such as the Oneida Nation of Wisconsin and Stockbridge-Munsee Community pursued federal litigation to halt termination. Still others, though marked for termination, fought the process and prevented laws from coming out of committee or reaching

3468-599: The Federal government. ... The recommendations of this administration represent an historic step forward in Indian policy. We are proposing to break sharply with past approaches to Indian problems. Some tribes resisted termination by filing civil lawsuits . The litigation lasted until 1980, when the issue made its way to the U.S. Supreme Court . The 1974 Boldt Decision was upheld by the Supreme Court in 1980, recognizing that tribes retained treaty rights for fishing and hunting, including

3570-405: The Flathead Reservation. Washington State passed a law in 1957 allowing tribes to voluntarily go under state jurisdiction and in 1963 assumed at least partial jurisdiction on all reservations within the state. In 1963, Idaho made provisions for tribes to be able to come under full jurisdiction of the State or operate with concurrent jurisdiction between Indian country and the State. As part of

3672-637: The French had adapted from an Ojibwe term: After we had advanced five or six leagues, we found ourselves abreast of a little island, which lies near the western side of the bay, and which concealed from our view, the mouth of a river, on which stands the village of the Malhomines Indians, called by our French "peuples d'avoines" or Wild Oat Indians, probably from their living chiefly on this sort of grain. The whole nation consists only of this village, and that too not very numerous. 'Tis really great pity, they being

3774-460: The French visited for fur trading . The anthropologist James Mooney in 1928 estimated that the tribe's number in 1650 was 3,000 persons. The early French explorers and traders referred to the people as "folles avoines" (wild oats), referring to the wild rice which they cultivated and gathered as one of their staple foods. The Menominee have traditionally subsisted on a wide variety of plants and animals, with wild rice and sturgeon being two of

3876-479: The Indian Termination Policy, The Indian Relocation Act of 1956, was passed. It was a federal law encouraging Native Americans, who lived on or near Indian reservations to relocate to urban areas for greater employment opportunities. It is estimated that between the 1950s and 1980s, as many as 750,000 Native Americans migrated to the cities, some as part of the relocation program, others on their own. By

3978-565: The Iroquois Confederation died in committee without further serious consideration. A January 21, 1954 memo by the Department of the Interior advised that a bill for termination is to be prepared including "about 3,600 members of the Oneida Tribe residing in Wisconsin. These Indians have no land in Federal trusteeship and are not receiving any Federal services in such fields as health or education." Clarification of who these tribes were

4080-688: The Kansas Act of 1940, the law granted the State of Iowa jurisdiction for criminal offenses occurring on lands occupied by the Sac and Fox Tribe of the Mississippi in Iowa but retained the right of the federal government for jurisdiction on offenses against federal law. On 2 July 1948 Congress enacted An Act to confer jurisdiction on the State of New York with respect to offenses committed on Indian reservations within such State , [Public Law 881] 62 Stat. 1224. The language

4182-511: The Lake Michigan region. As the Hopewell culture declined, circa A.D. 800, the Lake Michigan region eventually became home to Late Woodland Indians . Early fur traders, coureur-de-bois, and explorers from France encountered their descendants: the Menominee, Chippewa (Ojibwa), Ottawa , Potawatomi , Sauk , Fox , Winnebago , and Miami . It is believed that the French explorer Jean Nicolet

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4284-725: The Menominee became the first forest management enterprise in the United States certified by the Forest Stewardship Council (FSC.org). Since June 5, 1987, the tribe has owned and operated a Las Vegas -style gaming casino , associated with bingo games and a hotel . The complex provides employment to numerous Menominee; approximately 79 percent of the Menominee Casino-Bingo-Hotel's 500 employees are ethnic Menominee or are spouses of Menominee. Indian termination policy Indian termination describes United States policies relating to Native Americans from

4386-705: The Oneidas 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. The payments were not subject to state or federal taxes. When guidelines were established in 1978 to regain federal recognition,

4488-467: The Seneca (see § Seneca Nation ). The arguments the Six Nations made in their hearings with committees were that their treaties showed that the United States recognized that their lands belonged to the Six Nations, not the United States and that "termination contradicted any reasonable interpretation that their lands would not be claimed or their nations disturbed" by the federal government. The bill for

4590-597: The State of California over the lands and residents of the Agua Caliente Indian Reservation in said State, and for other purposes , [Public Law 322] 63 Stat. 705, which stated that "on and after January 1, 1950, all lands located on the Agua Caliente Indian Reservation in the State of California, and the Indian residents thereof, shall be subject to the laws, civil and criminal, of the State of California". The law also made provisions for

4692-504: The U.S. government through seven treaties from 1821 to 1848, first ceding their lands in Michigan. The US government wanted to move them to the far west in the period when Wisconsin was organizing for statehood, to extinguish all Native American land claims. Chief Oshkosh went to look at the proposed site on the Crow River and rejected the offered land, saying their current land was better for hunting and game. The Menominee retained lands near

4794-465: The Wolf River in what became their current reservation. The tribe originated in the Wisconsin and are living in their traditional homelands. The Menominee Indian Reservation is located in northeastern Wisconsin. For the most part, it is conterminous with Menominee County and the town of Menominee , which were established after termination of the tribe in 1961 under contemporary federal policy whose goal

4896-512: The ability to do so". On September 13, 1950, Congress enacted An Act to confer jurisdiction on the courts of the State of New York with respect to civil actions between Indians or to which Indians are parties , [Public Law 785] 64 Stat. 845, granted the courts of New York authority to settle civil disputes between Indians or Indians and others within the State. It allowed the tribes to preserve customs, prohibited taxation on reservations, and reaffirmed hunting and fishing rights. It also prohibited

4998-821: The above list, the memo sets forth bill provisions for the terminations of the Iroquois Confederation of Six Nations, Seneca , and the Oneida Tribe of Wisconsin (formerly of New York); the Seminole Tribe of Florida ; the Alabama-Coushatta Tribe of Texas ; a Kansas bill covering the Potawatomi , the Kickapoo , the Sac and Fox , and the Iowa Tribe ; and 41 California Rancherias. A memo dated January 19, 1955 for

5100-500: The act to fill a perceived gap in jurisdiction. None of the four federally recognized tribes living in Kansas: Potawatomi , Kickapoo , Sac & Fox , and Iowa , had tribal courts to deal with offenses, and state jurisdiction did not extend to Indian lands. The law (Title 25 U.S. Code § 217a ch. 276, 54 Stat. 249), passed on 8 June 1940, gave Kansas courts jurisdiction to try persons for conduct that violates state law, even if

5202-515: The benefits and obligations of any other United States citizens. The resolution also called for the Interior Department to identify quickly more tribes who appeared ready for termination in the near future. A January 21, 1954, memo by the Department of the Interior, reviewing the effects of Resolution 108, stated that bills to terminate 66,000 Indians ( 1 ⁄ 7 of the total population) were under consideration by Congress. In addition to

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5304-480: The claim finally in 1952, awarding the Menominee $ 8.5 million. The Menominee were among the Native Americans who participated as soldiers in World War II with other United States citizens. During the 1950s, federal Indian policy envisioned termination of the "special relationship" between the United States government and those tribes considered "ready for assimilation " to mainstream culture. The Menominee were identified for termination, which would end their status as

5406-469: The conversion: to provide their own services or contract for them as a county. Menominee County was the poorest and least populated Wisconsin county during this time, and termination adversely affected the region. Tribal crafts and produce alone could not sustain the community. As the tax base lacked industry, the Menominee could not fund basic services. MEI funds, which totaled $ 10 million in 1954, dwindled to $ 300,000 by 1964. Struggling to manage financially,

5508-408: The county (and its geographically equivalent town) are not considered as part of the reservation. These amount to 1.14% of the county's area, so the reservation is essentially 98.86% of the county's area. The largest of these pockets is in the western part of the community of Keshena, Wisconsin . According to the U.S. Census Bureau, the combined Menominee reservation and off-reservation trust land have

5610-446: The early 1960s, some federal leaders began opposing the implementation of any more termination measures, although the administration of President John F. Kennedy did oversee some of the last terminations. The last two terminations occurred in the 1960s, those of the Ponca Tribe of Nebraska , legally began in 1962—after Kennedy signed the order, at the urging of Secretary of the Interior Stewart Udall —and culminated in 1966; and that of

5712-423: The effect of the termination on Menominee hunting and fishing rights on their former reservation land. The U.S. Supreme Court determined that the tribe had not lost traditional hunting and fishing rights as a result of termination, as Congress had not clearly ended these in its legislation. The tribe regained federal recognition in 1973 by an act of Congress, re-establishing its reservation in 1975. It operates under

5814-516: The federal government is also able to try the offense under federal jurisdiction. Almost immediately, similar statutes were passed in North Dakota, Iowa and New York, granting state jurisdiction over most offenses committed by or against Indians in Indian country. In 1943, the United States Senate commissioned a survey of Indian conditions. It indicated that living conditions on the reservations were extremely poor. The Bureau of Indian Affairs (BIA) and its bureaucracy were found to be at fault for

5916-447: The federal level as Assistant Secretary of Indian Affairs (1993–1997). In 1970 the activists formed a group called the Determination of Rights and Unity for Menominee Stockholders (DRUMS). They blocked the proposed sale of tribal land by MEI to non-Indian developers, and successfully gained control of the MEI board of directors. They also persuaded Congress to restore their status as a federally recognized sovereign tribe by legislation. At

6018-544: The federal policy of termination and called for the immediate ending of the Federal relationship with a selected group of tribes. The resolution established that Congress would pass termination acts on a tribe-by-tribe basis. Most such acts included the cessation of federal recognition and all the federal aid that came along with that designation. Between 1953 and 1964, the government terminated recognition of more than 100 tribes and bands as sovereign dependent nations. These actions affected more than 12,000 Native Americans or 3% of

6120-427: The financial burden of prosecuting crimes in Indian Country to their respective states. The main effect of Public Law 280 was to disrupt the relationship between the federal government and the Indian tribes. Previously the tribes had been regulated directly by the federal government. In Worcester v. Georgia (1832), the Supreme Court had ruled that state laws cannot be enforced on Indian land. While this preserved

6222-421: The finest and handsomest men in all Canada. They are even of a larger stature than the Potawatomi . I have been assured that they had the same original and nearly the same languages with the Noquets , and the Indians at the Falls. Initially neutral during the War of 1812 , the Menominee later became allied with the British and Canadians, whom they helped defeat American forces trying to recapture Fort Mackinac in

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6324-532: The floor for a vote. Tribal leaders played key roles in getting their cases heard by the United States Congress , through the political process, and by the Supreme Court in suits and appeals. The tribes garnered publicity by creating resistance groups. These both publicly protested the termination policy, and fought political and court battles in Washington for restoration of tribal sovereignty or other goals. Tribes which were terminated but regained their status as federally recognized sovereign states include: By

6426-449: The government's perspective, Native Americans were to become taxpaying citizens subject to state and federal taxes as well as laws from which they had previously been exempt. From the Native standpoint, a former US Senator from Colorado Ben Nighthorse Campbell , of the Northern Cheyenne , said of assimilation and termination in a speech delivered in Montana in 2007: If you can't change them, absorb them until they simply disappear into

6528-406: The late 20th century, the members of the reservation have operated a number of gambling facilities in these communities as a source of revenue. They speak English as well as their traditional Menominee language, one of the Algonquian languages . Current population of the tribe is about 8,700. The Menominee have traditionally practiced logging in a sustainable manner. In 1905, a tornado swept through

6630-413: The latter because they were subject to new state laws. The federal goal in implementing P.L. 280 was two-fold: 1) to fill the jurisdictional gap resulting from the Native communities' lack of independent formal judicial systems, which had resulted in a general perception of lawlessness in their communities and 2) to assimilate Native peoples and their tribes into the cultures of their neighbors by shifting

6732-402: The liquid balsam pressed from the trunk for colds and pulmonary troubles. The inner bark is used as a poultice for unspecified illnesses. Gum from plant blisters is also applied to sores. The tribe originally occupied a large territory of 10 million acres (40,000 km) extending from Wisconsin to the Upper Peninsula of Michigan. Historic references include one by Father Frederic Baraga ,

6834-511: The mainstream culture.... In Washington's infinite wisdom, it was decided that tribes should no longer be tribes, never mind that they had been tribes for thousands of years. The policy for termination of tribes collided with the Native American peoples' own desires to preserve Native identity. The termination policy was changed in the 1960s and rising activism resulted in the ensuing decades of restoration of tribal governments and increased Native American self-determination . Termination began with

6936-432: The management operations of MEI. At the request of the Menominee, the state organized the former reservation as a new county, so they could maintain some coherence. The tribe was expected to provide county government functions but it became a colony of the state. The change resulted in diminished standards of living for the members of the tribe; officials had to close the hospital and some schools in order to cover costs of

7038-414: The mid-1940s to the mid-1960s. It was shaped by a series of laws and practices with the intent of assimilating Native Americans into mainstream American society. Cultural assimilation of Native Americans was not new; the belief that indigenous people should abandon their traditional lives and become what the government considered "civilized" had been the basis of policy for centuries. What was new, however,

7140-414: The most important. Wild rice has a special importance to the tribe as their staple grain, while the sturgeon has a mythological importance and is often referred to as the "father" of the Menominee. Feasts are still held annually at which each of these is served. Menominee customs are quite similar to those of the Chippewa (Ojibwa), another Algonquian people. Their language has a closer affinity to those of

7242-419: The most successful in the United States, in some cases, because of natural resources controlled by their reservations. A few tribes mounted legal challenges to maintain tribal government and the trust relationship with the federal government. Through the Indian Claims Commission , tribes had the ability to file claims against the government for breaches of treaty or grievances. The five-year deadline for making

7344-447: The policy terminated federal support of most of the health care and education programs, utility services, and police and fire departments available to Indians on reservations. Given the considerable geographic isolation of many reservations and inherent economic problems, not many tribes had the funds to continue such services after termination was implemented. The tribes initially selected for termination had been considered groups who were

7446-679: The power to assume jurisdiction over Indian reservations , which had previously been excluded from state jurisdiction. It immediately granted the state criminal and civil jurisdiction over Indian populations in California , Nebraska , Minnesota , Oregon , and Wisconsin . Special clauses prevented this law from being invoked on the Red Lake Reservation in Minnesota and the Warm Springs Reservation in Oregon. After being admitted as

7548-400: The premises on which it rests are wrong. ... The second reason for rejecting forced termination is that the practical results have been clearly harmful in the few instances in which termination actually has been tried. ... The third argument I would make against forced termination concerns the effect it has had upon the overwhelming majority of tribes which still enjoy a special relationship with

7650-507: The process of ending "Indian-identity" and move tribe members into the broader society. Simultaneously it would eliminate the need of the government to continue serving as tribal guardian, or at the very least allow the government to reduce "appropriations for tribes in proportion to the size of their claim settlements". On 13 August 1946 the Indian Claims Commission Act of 1946, Pub. L. No. 79-726, ch. 959, passed. Its purpose

7752-616: The reservation, downing a massive amount of timber. Because the Menominee-owned sawmills could not harvest all the downed timber before it decomposed, the United States Forest Service became involved in managing their forest. Despite the desire of the tribe and Senator Robert M. La Follette, Sr. for sustainable yield policy, the Forest Service conducted clear-cutting on reservation lands until 1926, cutting 70 percent of

7854-818: The right to conduct such activities off the reservation and without state regulation. Activism in the 1960s led to the founding of several Native American rights organizations, such as the American Indian Movement (AIM), and other organizations that helped protect the rights of Indians and their land. In 1975, Congress implicitly rejected the termination policy by passing the Indian Self-Determination and Education Assistance Act , which increased tribal control over reservations and helped with funding to build schools closer to reservations. On January 24, 1983, President Ronald Reagan issued an American Indian policy statement that supported explicit repudiation of

7956-509: The rights and prerogatives pertaining to American citizenship. On 31 May 1946, Congress enacted An Act to confer jurisdiction on the State of North Dakota over offenses committed by or against Indians on the Devils Lake Indian Reservation , [Public Law 394] 60 Stat. 229. In language reminiscent of the Kansas Act of 1940, the law granted the State of North Dakota jurisdiction for criminal offenses occurring on lands occupied by

8058-459: The salable timber. The Department of the Interior regained control of the territory, as it holds the reservation in trust for the Menominee. During the next dozen years, it reduced the cutting of salable timber to 30 percent, which allowed the forest to regenerate. In 1934, the Menominee filed suit in the United States Court of Claims against the Forest Service, saying that its policy had heavily damaged their resource. The court agreed and settled

8160-640: The same clan are considered relatives, so must choose marriage partners from outside their clan. Ethnologist James Mooney wrote an article on the Menominee which appeared in Catholic Encyclopedia (1913), incorrectly reporting that their descent and inheritance proceeds through the female line. Such a matrilineal kinship system is common among many other Native American peoples, including other Algonquian tribes. Traditional Menominee spiritual culture includes rites of passage for youth at puberty . Ceremonies involve fasting for multiple days and living in

8262-491: The same time, President Richard Nixon encouraged a federal policy to increase self-government among Indian tribes, in addition to increasing education opportunities and religious protection. He signed the bill for federal recognition of the Menominee Tribe of Wisconsin on December 22, 1973. The sovereign tribe started the work of reorganizing the reservation, which they re-established in 1975. Tribal members wrote and ratified

8364-497: The southwestern corner of this area to create a separate reservation for the Stockbridge and Lenape (Munsee) tribes, who had reached the area as refugees from New York state. The latter two tribes have the federally recognized joint Stockbridge-Munsee Community . After the tribe had regained federal recognition in 1973, it essentially restored the reservation to its historic boundaries in 1975. Many small pockets of territory within

8466-645: The state and federal courts brought the issue to the United States Supreme Court. In 1968 the Supreme Court held that the tribe retained its hunting and fishing rights under the treaties involved, and the rights were not lost after federal recognition was ended by the Menominee Termination Act, as Congress had not clearly removed those rights in its legislation. This has been a landmark case in Indian law, helping preserve Native American hunting and fishing rights. The tribe operates according to

8568-661: The state appealed the decision, the Wisconsin Supreme Court held that the Menominee tribe no longer had hunting and fishing rights due to the termination act of Congress in 1954. Due to the state court's ruling, the tribe sued the United States for compensation for the value of the hunting and fishing rights in the U.S. Court of Claims , in Menominee Tribe v. United States (1968). The Court ruled that tribal members still had hunting and fishing rights, and that Congress had not abrogated those rights. The opposite rulings by

8670-473: The state from enforcing judgments regarding any land disputes or applying any State Laws to tribal lands or claims prior to the effective date of the law 13 September 1952. House Concurrent Resolution 108 of 1953 was a formal statement issued on August 1, 1953, by the United States Congress announcing the official federal policy of termination. The resolution called for the immediate termination of

8772-465: The termination policy, with House Concurrent Resolution 108 : Whereas it is the policy of Congress, as rapidly as possible, to make the Indians within the territorial limits of the United States subject to the same laws and entitled to the same privileges and responsibilities as are applicable to other citizens of the United States, to end their status as wards of the United States, and to grant them all of

8874-520: The termination policy. Termination, although often accompanied with pressure and coercion, was considered "voluntary" and required tribal consent. Some of the tribes in this category may have had a formal termination agreement approved, but they were successful at warding off termination until repudiation, or terms of their agreement were unmet. Other tribes in this category were approved for termination, but were successful in testifying before Congress that they should not be terminated. Beginning in 1953,

8976-646: The three tribes began filing litigation in the 1950s. 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. 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 further directed tribal governing bodies of

9078-418: The total Native American population. Approximately 2,500,000 acres (10,000 km ) of trust land was removed from protected status during these years. Much was sold by individuals to non-Natives. The termination of these tribes ended federal government guardianship of and recognition of those tribal governments and US jurisdiction of tribal lands. In addition to ending the tribal rights as sovereign nations,

9180-590: The tribe and the Secretary of the Interior to negotiate easements for city improvements, thus it did not terminate tribal status. Within two years, Congress was reviewing a second piece of legislation with regard to New York , to grant the state civil as well as criminal jurisdiction over Indians and tribes. During congressional hearings on the law, tribes strongly opposed the passage, fearful that states would deprive them of their reservations. The State of New York disavowed any intention to break up or deprive tribes of their reservations and asserted that they "did not have

9282-553: The tribe petitioned the Department of the Interior again. In 2012 the department, in the final determination on the Brothertown petition, determined that the tribal status of the group was terminated by the 1839 act granting citizenship. The acting assistant secretary noted that only Congress could restore the tribal status. In an ongoing effort to regain recognition, the tribe asked the Town Board of Brothertown, Wisconsin for support. In

9384-400: The troubling problems due to extreme mismanagement. Congress concluded that some tribes no longer needed federal 'protection' and would be better off with more independence, rather than having them depend on and be poorly supervised by the BIA. They also thought the tribes should be assimilated to mainstream American society. Goals of termination included freeing the Indians from domination by

9486-422: The white-dominated MEI proposed in 1967 to raise money by selling off former tribal lands to non-Native Americans, which resulted in a fierce backlash among the Menominee. It was a period of Indian activism, and community members began an organizing campaign to regain political sovereignty as the Menominee Tribe. Activists included Ada Deer , an organizer who would later become an advocate for Native Americans at

9588-470: Was "trial" legislation granting state jurisdiction over most criminal offenses committed by or against Indians on Indian reservations. If successful, it was to be implemented elsewhere. Kansas had been exercising jurisdiction over offenses, including those listed in the Indian Major Crimes Act, and their authority to do that was called into question. To clarify the state's authority, they proposed

9690-502: Was assimilation. The tribe regained its federally recognized status and reservation in 1975. The reservation was created in a treaty with the United States signed on May 12, 1854, in which the Menominee relinquished all claims to the lands held by them under previous treaties, and were assigned 432 square miles (1,120 km) on the Wolf River in present-day Wisconsin. An additional treaty, which they signed on February 11, 1856, carved out

9792-587: Was extended, but eventually Congress terminated it on 30 September 1978; it transferred outstanding claims to the United States Court of Federal Claims. The final case, Pueblo of San Ildefenso v. United States , was finally resolved in 2006. On 30 June 1948, Congress enacted An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation , [Public Law 846] 62 Stat. 1161. In language reminiscent of

9894-482: Was formally abandoned. Of the more than one hundred tribes terminated during this era, many regained federal recognition. The tribes achieved this through long court battles, which for some tribes took decades and exhausted large amounts of money. Some tribes, like the Choctaw and Seneca , were able to delay termination long enough to have it cancelled before implementation. Other tribes were marked for termination, like

9996-512: Was found in a Department of the Interior memo entitled Indian Claims Commission Awards Over $ 38.5 Million to Indian Tribes in 1964 , which states that the Emigrant Indians of New York are "now known as the Oneidas , Stockbridge-Munsee , and Brotherton Indians of Wisconsin". In an effort to fight termination and force the government into recognizing their outstanding land claims from New York,

10098-436: Was the first non-Native American to reach Lake Michigan in 1634 or 1638. In 1634, the Menominee and Ho-Chunk people (along with a band of Potawatomi who had recently moved into Wisconsin) witnessed the French explorer Jean Nicolet 's approach and landing. Red Banks, near the present-day city of Green Bay, Wisconsin , later developed in this area. Nicolet, looking for a Northwest Passage to China, hoped to find and impress

10200-440: Was the sense of urgency that, with or without consent, tribes must be terminated and begin to live "as Americans." To that end, Congress set about ending the special relationship between tribes and the federal government. In practical terms, the policy ended the federal government's recognition of sovereignty of tribes , trusteeship over Indian reservations , and the exclusion of state law's applicability to Native persons. From

10302-456: Was to settle for all time any outstanding grievances or claims the tribes might have against the U.S. for treaty breaches, unauthorized taking of land, dishonorable or unfair dealings, or inadequate compensation. Claims had to be filed within a five-year period. Most of the 370 complaints that were submitted were filed at the approach of the 5-year deadline in August 1951. The life of the commission

10404-525: Was virtually identical to the Kansas, North Dakota and Iowa statutes, with two important differences. It covered all reservations lands within the state and prohibited the deprivation of hunting and fishing rights which may have been guaranteed to "any Indian tribe, band, or community, or members thereof". It further prohibited the state from requiring tribal members to obtain fish and game licenses. On 5 October 1949 Congress enacted An Act to confer jurisdiction on

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