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Uncertainty remains over whether Mashpee Wampanoag will revive land suit

Tribe doesn't make decision, Selectmen can't act
250 Tribe members, Scott Ferson of Liberty Square Group attend

By Peter Kenney

M
ashpee selectmen won't able to ratify an agreement they've been negotiating with lawyers for the Mashpee Wampanoag Tribal Council in time for the Oct. 1 special town meeting. One of the provisions of the document would have the tribe agreeing not to revive a 30-year-old land suit against the town that halted development in Mashpee for years. Selectmen were to vote on an agreement at their meeting Monday tonight, but recent turbulent events within the tribe caused a delay.

According to Mashpee Town Manager Joyce Mason, the two issues to be addressed in the agreement are gaming and possible revival of the 30-year-old land suit brought by Wampanoag descendants to establish their claim to more than 15,000 acres in Mashpee.So many people were expected at the tribal council's monthly meeting on Sunday that the council made arrangements to hold the gathering at the Mashpee High School. At least 250 tribe members attended on Sunday, according to some of those on hand.

Also attending were attorney William McDermott and tribal spokesman Scott Ferson of the Liberty Square Group, a lobbying firm with headquarters in Boston. This reporter waited in the parking lot at the high school throughout the meeting and saw it end at 4 p.m.

Since he replaced Glenn Marshall as chairman of the tribal council, Shawn Hendricks has been widely quoted as saying that his two immediate tasks were to place land the tribe's investors have purchased in Middleboro into federal trust and to complete tribal council approval of an agreement sought by the Town of Mashpee.

15,000-acre land suit still in doubt

According to Mashpee town manager Joyce Mason, the two issues to be addressed in the agreement are gaming and possible revival of the 30-year-old land suit brought by Wampanaog descendants to ownership of more than 15,000 acres in Mashpee.

Marshall, it is charged by some within the tribe, has been using outside attorneys to negotiate the agreement secretly with the town, not allowing the council adequate participation in the process and keeping the agreement from the tribe's membership.Mason said Monday that selectmen would not have a proposed agreement to discuss at their meeting that night. Without the proposal, residents attending the special town meeting on Oct. 1 would not be able to approve the agreement, whereby it had been expected that the Wampanoag tribe would waive any claims to land in the town and guarantee never to pursue gaming operations in the town. Not a few voices within the tribe have objected to this agreement.

Marshall, it is charged by some in the tribe, has been using outside attorneys to negotiate the agreement secretly with the town, not allowing the council adequate participation and keeping the agreement from the tribe's membership, thereby denying them a voice in whether to offer it to the town.

Town Manager won't share details

Mason said Monday that she could not release the agreement to the public because it is still being negotiated. Mason said some townspeople are "nervous" and there is concern about the desire of some Wampanoags to revisit the federal land. Other residents, Mason said, object to any gaming in the town.
 
The original Wampanoag land claim suit was denied based on the judicial interpretation that the tribe had ceased to exist as a tribe sometime after 1920. Recent federal recognition is based on the conclusion by the Bureau of Indian Affairs that the Mashpee Wampanoag have continuously existed as a tribe since European colonists first encountered them in 1620.

Marshall still "in the loop"

The lack of agreement between the tribal council and Mashpee selectmen indicates that at least some of Marshall's plans have been placed on hold.According to sources in the tribe, some members are concerned that Marshall remains involved in tribal council decisions. Marshall was reportedly not at Sunday's meeting, but when I drove past his home on Carriage Shop Road in Falmouth at 4:30 p.m., there was a dump truck in his driveway that I saw leaving Mashpee High School at 4:15 p.m. This driver of this vehicle had attended the council meeting; this reporter saw him emerge from the high school shortly after 4 p.m.; he walked to the truck and drove it away.

The lack of agreement between the tribal council and Mashpee selectmen indicates that at least some of Marshall's plans have been placed on hold. It also means that members of the tribe who assembled on Sunday made known to the council that they want to revisit some of what happened under Marshall's rule. Ordinarily, monthly meetings of the council are sparsely attended, according to sources in the tribe, to the point that they are held in the council's building on Great Neck Road in Mashpee. Sunday's crowd was unusual, and the fact that the council did not complete the business before them must make observers in Mashpee wonder what will happen next.
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26 comments
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09/11/07 @ 1:04 am
deltaman [Member] writes:
I've been hoping that the tribal council would re-discover its historical magnanimity, & rescind the shunning order against the Binghams. et al - especially since it no longer hampers the Binghams from gaining wide attention for their dissenting views, and its continued existence makes the current council appear hostile towards diversity & debate within the tribe's membership. Despite frequent references to the shunning in the media, none of these references have included any definitive statement about the current status of the order; is it still in-effect? Have there been any votes taken to lift it?

It may take considerable patience & wisdom on the part of these council members, to find the optimal balance between acknowledging & incorporating diverse viewpoints, while still moving forward on opportunities "in play" at this time. However, if the council doesn't even try to meet that challenge, their credibility is likely to suffer to a point that they're not able to move forward anyway. This is not a small challenge, to be sure!
09/11/07 @ 7:32 am
1976 [Member] writes:
Peter. Please tell me why most people still don't get it.It doesn't matter what the tribal councel or the town meeting votes about a future land suit. Yes, it will show intent. But it will have no legal authority behind it.The 1790 Non-Intercourse Act requires that only the US Congress can ratify such an action. If I am correct, and I feel I am, then the Selectmen along with the Trbal Council should petition our Congressional Reps to file for such approval.That's the only way to settle the land suit question forever.
09/11/07 @ 9:25 am
Peter Kenney [Member] writes:
Deltaman

As far as I know the shunning is still in effect. The tribe must gather 100 signatures on a petition to meet for the purpose of reversing it. The petition is well underway.

1976

My reading of the issue is that you are partially correct: the original land suit was based on the failure of congress to approve the granting of ownership of property within the "Mashpee District" (now known as the town of Mashpee) to owners other than the descendants of the Wampanoags. So, the original suit actually jeopardized all of those sales/transfers.

This development, the failure of Shawn Hendricks to deliver a final agreement to the town, is a huge change in the whole tribe/town situation. Not one other press organ covered this story. I guess it's easier to worry about Iraq than our neighbors...and easier to become knowledgeable about what goes on halfway around the world than what happens a few miles away.
09/11/07 @ 5:24 pm
curiouswamp [Member] writes:
Peter,

You have made it to Indian Country!!! The Indian Nation is reading your column... Keep up the good work. Sooner or later the U.S. Government will have to react to what you have been reporting.
09/11/07 @ 5:29 pm
Jack Coleman [Member] writes:
Yes, another good story. A question for Peter, a bit off topic but not too far - ever notice how self-proclaimed pacifists can be so bellicose?
09/11/07 @ 6:15 pm
keesuq [Member] writes:
There is no agreement on that has been signed with the Tribal Council and Town of Mashpee. There has been discussion...and yes when Marshall was chairmain; however Marshall is gone and is not involved in any tribal decision. The tribe is what matters. The cape belong to us and was taken away by the Europeans\British\England. They tried to kill us off, change our identity and it did not work. Today, they are trying to stop us from land claims and, which the land was taken from my tribe illegally. Now we are in a position to look into the potential of getting land back. We are land based people and gaurdians of mother earth. It would be very nice if we could get some of our land back. Just like when the first settlers showed up and began all of their trickery and dishonesty. Now we are looking into possibilities. So now the Mashpee should not have anything? Peter are being for real? Interesting how history repeats itself! Get ready and enjoy the ride ;-) Peter Kenney will begin to say the Mashpee are wrong for looking into what is ours! It still exist after 420 years of hostility..wow!
09/11/07 @ 6:41 pm
susan [Member] writes:
keesuq;
I hear you, I wish the English would have stayed out of Ireland too. But.... Why would a "land based person, a guardian of mother earth," wish to build a cement monstrosity such as a casino? Ya know, on the beautiful lands , home to nature in all it's glory. Kind of a contradiction in beliefs isn't it?
~It's not nice to fool mother nature~
09/11/07 @ 7:21 pm
Buzz [Member] writes:
keesuq,

You seemed to forget to mention the English settlers and their alliance with the Wampanoags to deter the Narraganset from attacking them.
09/11/07 @ 8:44 pm
deltaman [Member] writes:
Keesuq, I usually support your enthusiasm, but I think that you're "over-the-top" on that comment! Although I have disagreed with Peter Kenney on occasion, I find nothing in this article, or for that matter - anything in his prior statements, to suggest that he opposes the Mashpee from fully enjoying all the rights to which they're entitled. Don't be so ready to slap Peter around; I very-much believe that he's on your side on this one.

Many think the greatest long term threat to achieving all of your entitlements, may come from hidden agendas of outside investors & tribal officers, who could STILL easily dictate changes to your laws which would allow them to unfairly siphon-off or redirect future prosperity to which the tribe is entitled! The tribe's future interests may be best served, if you and others put some serious effort into learning how other tribes have had their prosperity hijacked, and making wise choices to keep that from happening here. After 400 years, time is finally your friend again, but it is still the enemy of anyone who would have you rush into bad agreements…
09/12/07 @ 11:21 am
Peter Kenney [Member] writes:
Keesuq

We have never met. Please understand what I say here: nothing I have ever said and nothing I have written here or anywhere at any time has ever contradicted my abiding hope that the Mashpee get whatever is rightfully theirs. Federal recognition was step one. I never apporved of the way the land suit was handled by the courts and I never agreed with its outcome.

I hope the Mashpee Wampanoag tribe gets everything to which they are entitled...and they are entitled to a lot.
09/12/07 @ 12:51 pm
keesuq [Member] writes:
Thanks Peter and I hope that your words are true to your heart! A test of time will tell as look forward to articles from you about the Mashpee's success. There is good and bad internal and external. The tribe has to be focused on due process, program management, effective reporting and effective communication. We are working to this. I apologize to deltaman and others that thought I was over the top, but when you have lived being native all of your life and learn from oral traditions positve and negative...you passion arises and some of the sensitive things that have plagued your people open wounds and expressions of distrust and painful history arise. So deltaman...I do understand the big picture and the circle, and within that cirlce their are so many opportunities to grow and manage. We look to partner with all people in evolving the quality of life. We are learning, watching, listening and focused execution. In general...I believe that all of this blogging is excellent and shows that quite a few folks are interested in the Tribe and the betterment of the Mashpee Wampanoag people
09/12/07 @ 1:38 pm
wamp-pride [Member] writes:
Susan,

In response to your question regarding the lands and its significances – the idea of a casino is based on economics. This will provide thousands of jobs for tribal and non-tribal members. I understand your point and it is valid, but what people must try to understand is, we are trying to establish a platform for our children and the future of our tribe. Its not only a casino, but with a strong financial base we can move forward with hospitals, museums, etc.
09/12/07 @ 2:57 pm
deltaman [Member] writes:
Keesuq, - thanks for your comments, but I needed no apology. My interests are served by seeing your head & your heart join forces; you have the capacity to be both a fierce warrior & a wise leader. I can see that you're learning to wear the right number of "feathers" required by each task you are undertaking!

Many people were left with both their trust & their pride wounded by Peter's revelations. However unpleasant that was, all parties need to see that as a wake-up call, to make future negotiations about tribal affairs as open as possible, so as to ensure that the greatest number of members share fully in the fairest "deals" obtainable. For that matter, no one on either side of current casino negotiations can any longer claim innocence as a reason for not doing more homework. Certainly, important questions have occurred to me, but they are not mine to ask; I hope you will all carefully examine the experiences of other tribes & other host communities, as well as learning more about the "faces" attached to the fat wallets… Wolitpiyane!!!
09/12/07 @ 3:26 pm
keesuq [Member] writes:
Deltaman...I hear you. We will learn from all of this, take note, listen, plan, organize and ask questions. The tribe and non-tribal members will grow from this. We will walk efficiently and intelligently with the Creator and our ancestor in touch with our path! Aho!
09/12/07 @ 6:43 pm
blackcat [Member] writes:
The great tribes that lost their lands so many years ago, have found a way to gain back some of their rights. Why can't the people,at least, give them the rights of purchasing land for a casino? It does not make sense for them to have one in Mashpee, Cape Cod, for major traffic problems. It does make sense for them to have it in Middleborough. The complaints are from people not wanting change. Education and jobs are the key elements in all of this. Then comes tourism. What is the matter with you people? Population growth requires better education and jobs.
Infracsture improvement is a requirement be it housing development or business development.
personally, I am tired of this fight. we need smart growth and this is the way to get it.
The people are coming to this area with or without a casino. Personally, I want the jobs for the people.
What is good for the goose is good for the gander. CORI'S were done to attack the tribe now how about those that attacked the tribe?isn't it their turn to be investigated?
09/12/07 @ 7:36 pm
susan [Member] writes:
wamp-pride, thank you for answering.
The only hostility I see here is from keesuq's statements. I just don't think Keesuq is doing the tribe any favors touting past history with the white man, and the mother earth approach certainly is a contradiction.
I am for the casino. I feel it will benefit many people and businesses from all walks of life. Sometimes while pondering the grand scheme of things, I have brilliant ideas for new businesses, Perhaps retiring at 48 was too soon! I should come out of retirement lol The opportunities are endless. Everyone needs to work together on this, as it will benefit all. Can we sing "We Are The World" now? *wink* :)
09/12/07 @ 9:08 pm
bittersweet [Member] writes:
Why should anyone benefit but the tribe?
09/12/07 @ 9:11 pm
muwin [Member] writes:
Some folks are expressing frustration over stalled negotiations between the Mashpee & Middleboro, & have found some convenient local targets for scorn & verbal abuse. However, a lot of folks still fail to realize that there's a big 'kicker' in that proposed deal, which requires the State to spend $250-million on roads & other improvements, in addition to whatever money comes from private investors. Massachusetts is already in-the-hole by a billion bucks, and scratching hard to find sources that will produce that needed cash quickly, rather than agreeing to add an additional $40 burden on every man, woman & child in the state, & having to wait years before seeing the 1st dime of payback! If the state moves to permit expanded gambling, it will likely 1st happen in ways which won't require a large up-front investment and a long wait for payback (like allowing slots @ Suffolk Downs). The good news is that there's nothing to prevent the Mashpee from sponsoring gaming activities that are legal anywhere else in the state, but that glittering casino in the clouds may still be a long way off…
09/13/07 @ 8:17 am
keesuq [Member] writes:
Hi Susan. Thanks for your classification that my statements are hostile. I guess the honorable judge Susan has spoken. You might be able to get judge Judy's job! Obviously the truths hurts for you just like it hurts for my people. Now, I think you understand the plight of my people and being subjected to it today by judge's like yourself.

Can't we all just sing....a song that expresses a fair and level playing ground.

Blackcat I appreciate your comments and thank you. You sound like a very sensible person and I do appreciate your perspective.
09/13/07 @ 10:30 am
susan [Member] writes:
Good morning keesuq
You were hostile in the post I originally responded to. Then claimed to be sensitive and changed your attitude in the posts that followed. Sadly, now you are back at it again.
My people had a plight of their own which lasted from 1667-2005. I do understand the plight of the Native Americans. I support the quest of the Native Americans to regain what was theirs and I support the casino. You are attacking people that are on the tribes side here. That chip on your shoulder attitude, is not helping you gain support from those that oppose you. Perhaps you might read up on public relations instead of watching Judge Judy.
09/13/07 @ 11:24 pm
keesuq [Member] writes:
Hi Susan ;-) how are you today? I hope that all is well. You are so right and correct! I admire your knowledge and wisdom and look to follow your leadership! I should never remember the past so that the future does not repeat itself. Your so right...i watch too much judge Judy. You are so correct I should go to the opposition and clean their house and maybe they will support the tribe.

Thanks Judy and I will take your recommendations and comply. I apologize and will never do that again. You've made a difference in my life. Your right...I have a chip on my shoulder.

I need more of your insults and guidance. Thanks Judy for your wisdom. This will help my tribe advance. Your awesome! Most natives are hostile...remember...I guess you are right...I am hostile. I am waiting for more of your kind insults....more please.

Oh..Susan...I apologize. I did not close out with you appropriately. I want you to have a nice day! Too hostile...I'm sorry...please have a very nice day! You are the expert...yes you are! Susan rocks!
09/13/07 @ 11:45 pm
deltaman [Member] writes:
Keesuq! - That wasn't fair!!!

Next time you're gonna make me crap-myself from laughing so hard at your remarks, please warn me 1st, so's I'll be wearing something washable - Deal?
09/13/07 @ 11:56 pm
muwin [Member] writes:
Deltaman, some of us have noted that you have been supportive of the Mashpee tribe's sovereignty. Perhaps you should have waited a bit longer, before signaling your position - At least, until Keesuq offered to clean your house too… After all, it sounds like it's mostly his fault, that you could really use that right now!

Ho!
09/14/07 @ 8:14 am
Buzz [Member] writes:
keesuq,

You don't have to apologize to Susan like that.....I like you better when you play the role of the "victim".
09/16/07 @ 4:37 am
keesuq [Member] writes:
Hey Deltaman. I thought I would add a little comedy :-) Just tried to break the tension. Again, everyone is entitled to their perspective.

By the way deltaman:
Wolitpiyane!!!

http://www.lib.unb.ca/Texts/Maliseet/dictionary/index.php?command=listAlpha&letter=w

Maliseet - Passamaquoddy Dictionary
Wolitpiyane. Let's make up. Let's be friends. wolitpiye (2). verb ii 22. it is good news; (something good) it happens. verb-stem wolitpiya-. changed .
09/16/07 @ 8:09 am
deltaman [Member] writes:
Keesuq, you don't need to explain - I though your "Apology" was way funny; if anyone (besides buzz) believed it, I would lose respect for them ;-)

I also see you've found the source for (some of) my wisdom (and now intend to use it against me). I think "Wolitpiyane" is a great phrase! Too bad it won't fit on a vanity license plate; the tribe could then award it annually, to whomever was p*ssing them off the most…

Btw, pls. read short artice from 2 days-ago -
"MassINC to hold forum on casino gambling" - I gave you a shout about it then, but you've been missing since, so I don't know if you saw it (probably off cleaning Susan's house, 'eh?) I think it would be useful for some tribe members to attend - I hope that there will be a chance for you to be heard from the audience, but remember - Wolitpiyane!!!

:-)
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About This Blog

What you won't read in the WampaGate is a blog written and edited by Cape Cod blogger & TV personality Peter Kenney whose television show and Gadfly blog are well known. He writes here about issues affecting the Wampanoag Tribe of Mashpee. Issues which seem to be left out of the ever-shrinking "old media." His previous columns and stories are archived here. Peter invites information and will treat it "off the record" if asked. Email him at peter@capecodtoday.com.

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