AG Sorrell being careless with the truth

Written by Hal Bill
Thursday, 17 November 2005

I am currently reading the book "A Short History of Progress" by Ronald Wright. The author describes a debate on evolution between Thomas Huxley and Bishop Wilberforce. According to Wright, Huxley "would rather acknowledge an ape for his grandfather than be a clergyman careless with the truth." In Vermont, Attorney General (AG) Bill Sorrell is our Bishop Wilberforce, careless with the truth.

Last week, the question of federal recognition for Abenaki Indians was once again front page news. The Bureau of Indian Affairs (BIA) announced that the Abenaki application for federal recognition does not meet four of the seven criteria for recognition. The Abenaki have 180 days to submit new information to counter the BIA's findings.

The AG's office, representing the State of Vermont, has opposed the Abenaki application from the beginning. Vermont's largest daily newspaper quotes Sorrell: "This is a vindication of what we have been saying. We were not trying to discriminate against this group. If they met the legal test, fine." That's Mr. Sorrell's opinion, and he's entitled to it, but he doesn't stop there. On the AG's web site, Sorrell goes on to say, "Among the rights that federal recognition typically bestows are the right to assert land claims, to operate casinos, to be exempt from certain forms of taxation and to be exempt from other laws." However, Mr. Sorrell is being careless with the truth and disingenuous with the facts. He may feel he has covered himself by using the word "typically," but the results are the same. His office, in hopes of influencing public opinion, is peddling fear and disseminating misinformation.

For starters, the only thing that happens automatically with recognition is a seat at the table and the right of a tribe to negotiate as a political entity. For individual members of a federally or state-recognized tribe, one right is they are able to apply for scholarships that are set up for Native Americans. In addition, with recognition, individual members can sell craft works as Native Indian crafts.

There have been no direct talks about Abenaki recognition between the AG's office and the Abenaki Band leaders, yet Sorrell claims the Abenaki are off base in their criticism of his office. He seems to believe that the Abenaki won't stick to the facts. However, one problem is that Sorrell's "facts" are inaccurate.

What are the facts? Let's first look at land claims. What happened in Maine is a good example because the AG's office often uses it as a reason to be fearful in Vermont. In 1971, the Penobscot and Passamaquoddy people of Maine brought a suit in federal court for land claims against the United States. Secretary Morton of the Interior Department refused to recognize the Indians' claim, saying they did not fall under the government's trust responsibility. It's worth emphasizing that the federal government did not recognize Maine's Passamaquoddy and Penobscot people. Yet, they went to court, armed with a 1790 law – the Trade and Intercourse Act – that stipulates that Congress must approve all transfers of Indian lands.

In January 1975, the case was finally decided in federal district court. I quote from Dartmouth professor Colin G. Calloway's book, "The Abenaki": "… in the case of Passamaquoddy Tribe v. Morton, Judge Edward T. Gignoux ruled that even though the tribe had never been federally recognized, the Trade and Intercourse Act did apply to them and that the act had in fact established a trust relationship between the United States and the Passamaquoddy." The ruling created a precedent and cast a cloud over many land titles.

It set in motion five years of negotiations between the federal government and the Indians. In 1980, a settlement was reached, and President Jimmy Carter signed a bill granting the Passamaquoddy and Penobscot $81.5 million for restitution for the loss of lands. Congress stipulated in the settlement that $27 million would be held in trust and $54.5 million could be used for land acquisition. The Passamaquoddy and Penobscot entered the real estate market and purchased 300,000 acres of forestland. The fears of Maine's non-Indians never materialized, the Passamaquoddy and the Penobscot gained federal recognition, and Maine received a multi-million dollar economic boost.

What about casinos? In 1988, Congress passed the Indian Gaming Regulatory Act (IGRA). This act requires any federally recognized Indian people who want to open a casino to enter into negotiations with the state they are located in. They may not open a casino unless the state agrees. If a state does not negotiate in good faith, the matter can be brought to a federal court. A state that allows casino gambling on non-Indian land cannot disallow casinos on Indian land for fear of competition. In 1996, the US Supreme Court upheld the IGRA.

The State of Vermont through the Attorney General's office has spent a lot of money opposing Abenaki recognition. Given the Abenakis' limited financial resources, the playing field has not been level, so the state should not out-of-hand dismiss an Abenaki request for funds to help them prepare their case in the next 180 days. It also would be good if Mr. Sorrell would stop distorting truth and generating fear. Such actions are unacceptable.

Hal Bill lives in Enosburgh, where he takes up most of his time with the three "P"s: people, politics and plants. His column on Vermont politics appears bi-weekly in the County Courier.