The Congratulations to the Mashpee Wampanoag Tribe of Cape Cod, Massachusetts, stands as a testament to resilience, perseverance, and the enduring spirit of a people deeply intertwined with the very fabric of American history. This article celebrates the tribe’s achievement in gaining federal recognition, a milestone reached after decades of tireless effort and a legacy spanning centuries. The acknowledgment by the federal government signifies a crucial step towards rectifying historical injustices and affirming the sovereignty of this remarkable nation.
The Mashpee Wampanoag’s story is interwoven with the earliest chapters of European colonization in North America. They are the people who extended a hand of welcome to the Pilgrims arriving on the shores of Cape Cod in 1620, a gesture that shaped the course of history. This initial act of hospitality, however, was followed by a period of increasing encroachment and conflict as European settlers expanded their presence. The Wampanoag, under the leadership of figures like Metacomet (King Philip), mounted a formidable resistance against colonial expansion in what became known as King Philip’s War, a conflict that underscored their determination to protect their ancestral lands and way of life.
The journey towards federal recognition for the Congratulations to the Mashpee Wampanoag was fraught with challenges and setbacks. The tribe’s petition faced numerous hurdles within the complex bureaucracy of the federal government. Ten times the tribe sought recognition, each attempt requiring exhaustive documentation and rigorous scrutiny. The burden of proof placed upon the tribe was immense, demanding detailed evidence of their continuous existence as a distinct and cohesive community.
One of the key obstacles encountered by the Mashpee Wampanoag, as well as other tribes seeking recognition, was the requirement to demonstrate "continuous existence" according to standards that often seemed impossible to meet. Petitioners were frequently subjected to demands for year-by-year, and even day-by-day, documentation, a standard that failed to account for the disruptions and dislocations experienced by Native American communities throughout history. The subjective application of these standards left tribes vulnerable to arbitrary decisions and political interference.
In 1976, the Mashpee Wampanoag faced a particularly devastating setback in a federal trial concerning a land claim. A powerful corporate law firm, representing non-Native landowners, successfully argued that the tribe had failed to demonstrate its continuous existence on specific dates. This verdict, delivered by a non-Indian jury, dealt a blow to the tribe’s efforts to reclaim their ancestral lands and underscored the challenges they faced in navigating the legal system.
During the Clinton administration, Assistant Interior Secretary of Indian Affairs Kevin Gover sought to bring a more common-sense approach to the recognition process. He recognized that gaps in documentation were inevitable, given the historical circumstances, and emphasized the importance of considering other forms of evidence, such as continuous recognition by state and colonial governments, as well as continuous occupation of state reservations. These factors played a role in the initial positive findings for other tribes, such as the Nipmuc Nation, the Schaghticoke Tribal Nation, and the Eastern Pequots. However, fierce opposition from local politicians and well-connected law firms ultimately led to the reversal of these decisions.
The Mashpee Wampanoag possessed a unique historical advantage that may have contributed to their eventual success. In addition to their tribal organization, they also maintained political control of the state-incorporated town of Mashpee until relatively recently. The town originated in 1665 as a Massachusetts "praying town," a settlement established to gather together and Christianize various Cape Cod Indian villages. Despite the assimilationist goals of these towns, the Native inhabitants managed to retain control of the town council and other municipal institutions until 1970, demonstrating a remarkable degree of self-governance and community cohesion.
The influx of non-Native residents, spurred in part by the proximity of the Kennedy compound in Hyannisport, prompted the Congratulations to the Mashpee Wampanoag to begin petitioning for federal acknowledgment. Their petition, filed in 1975, predated the formal establishment of the acknowledgment regulations in 1978, highlighting their proactive approach to asserting their sovereignty.
In addition to seeking federal recognition, the Mashpee Wampanoag actively fought to protect their land and resources. They pursued a land-claim suit in 1976 to halt encroachment by real estate developers and vigorously defended their shell-fishing rights along the coast. The arrest of Tribal Chairman Glenn Marshall in his fishing boat led to a significant court ruling affirming tribal sovereignty. These efforts, undertaken long before the prospect of tribal casinos arose, demonstrate the tribe’s unwavering commitment to protecting their cultural heritage and economic self-sufficiency.
Despite the significance of federal recognition, the mainstream press often focuses on the potential for gaming development. The Wampanoag’s need to seek financial support for the costly recognition process inevitably raises questions about the possibility of a casino. While the process still requires a year of public comment and counter-comment before a final determination is issued by the Interior Department, the potential for gaming has become a central topic of discussion. Currently, there are no tribal casinos in Massachusetts to compete with the established casinos in neighboring states.
The state’s other federally recognized tribe, the Aquinnah Wampanoag, located on Martha’s Vineyard, has expressed reservations about establishing gaming on their island homeland. They are currently awaiting developments in state policy before considering the possibility of a casino on the mainland.
The complexities of the Massachusetts gaming industry were further highlighted by recent legislative turmoil. A debate over the addition of slot machines at state racetracks led to the lapse of simulcasting authorization, resulting in the closure of the tracks, job losses, and a threat to the state’s thoroughbred racing industry. This situation underscores the challenges that the tribes may face in navigating the political landscape and securing their own gaming development.
Regardless of the future of gaming in Massachusetts, the Congratulations to the Mashpee Wampanoag have achieved a monumental victory. Their federal recognition is a testament to their three-decade legal campaign and their four-century struggle for survival. This achievement is a cause for celebration, a recognition of their inherent sovereignty, and a step towards a more just and equitable future. The Congratulations to the Mashpee Wampanoag is an inspiration for all indigenous peoples striving to preserve their culture, protect their lands, and assert their right to self-determination.