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A Novel Attack
on Indian Gaming
Below you will
find two reviews of Jeff Benedicts new book, "Without Reservation:
the Making of Americas Most Powerful Indian Tribe and Foxwoods, The Worlds
Largest Casino." This book was recently published by Harper Collins and
has received a great deal of media attention, especially in New England. Benedicts
book attempts to undermine the integrity and credibility of the Mashantucket
Pequot Tribal Nation because they received Federal Recognition directly from
Congress rather than through the BIAs Federal Acknowledgement Process.
This fact would be of little consequence to Americans and probably never be the
topic of a best-selling book except for the fact that the Mashantucket Pequot
Nation is now a very successful tribal government that is enacting their sovereign
right to offer gaming on their reservation. There are a number of other books
coming out soon that will tell a different story about the genealogy of the Mashantucket
Pequot Nation and provide a more balanced account of the process whereby the
Nation received Congressional recognition. For example, Kim Isaac Eisler, a national
editor for Washingtonian Magazine, is writing a book for Simon and Schuster,
tentatively titled Revenge of the Pequots: A Tiny Tribes Billion Dollar
Gamble, scheduled for release in February 2001. When asked about Benedicts
book, Eisler responded to the press, "I think my book is more even-handed.
No one questioned if these people were descended from the Pequots when they were
poor."
While we wait,
I can recommend a book by author and historian Laurence M. Hauptman, The Pequots
in Southern New England: The Fall and Rise of an American Indian Nation,
which he co-wrote with James D. Wherry. This book was published by the University
of Oklahoma Press in 1990.
A Review of
Jeff Benedicts "Without Reservation: The Making of Americas
Most Powerful Indian Tribe and Foxwoods, the Worlds Largest Casino,"
By Katherine
A. Spilde
The weapons for
attacking Native Americans have become more sophisticated, but no less dangerous,
through the centuries. Historically, disease, starvation or war were the most
successful strategies for decimating the Native populations of New England. Today,
attacks on contemporary Native people are launched in political or legal terms
but are no less strategic, and the motivation for these attacks largely remains
the same. In his recent work, "Without Reservation: The Making of Americas
Most Powerful Indian Tribe and Foxwoods, the Worlds Largest Casino," author
Jeff Benedict attacks the Mashantucket Pequot Nations history, integrity
and governmental status in an attempt to undermine their very existence as an
Indian nation. After 353 pages of stalking, the author finally strikes by suggesting
that the United States Congress investigate, then possibly revoke, the Mashantucket
Pequot Nations status as a Federally recognized tribe.
The novel is written
as a series of vignettes, woven together through the use of fictional dialogue,
leaving the impression that Benedict is simply re-constructing a story or connecting
the pieces of a puzzle. There's something remarkably subtle about the way that
the books argument is built. For example, it represents conversations in
quotation marks and locates them all in the present tense. While this technique
is useful as a dramatic device, it nonetheless elides the fact that these conversations--overwhelmingly
those of characters hostile to the Mashantucket Pequots, including the editorial
voice of the author beneath them all--were not recorded. The quotations lend
a sense of verbatim to what are either recreated conversations built solely from
the memories of those hostile to the Mashantucket Pequots or conversations wholly
invented by the author after perusing public documents. Benedicts rhetorical
strategy makes for dramatic reading, but it also obscures two important questions:
how complete is Benedicts information and more importantly, why is he writing
this book now?
Selective Research
Early reviews
of the book focused on the books voluminous research, but Benedicts
research is highly selective. Many of his interviews are with disgruntled former
BIA employees and the ex-wife of former tribal chairman Skip Hayward, hardly
unbiased sources. Anthropologists like myself who work with tribal histories
and genealogies know that public documents and anecdotes are not sufficient for
constituting a complete tribal history, particularly one that spans centuries.
Even more problematically, Benedict spoke to no more than a couple of Mashantucket
Pequot tribal members for the book, rendering his work only one-half of a conversation
at best.
This lopsided
approach plays on the two greatest prejudices emerging in the era of Indian nation
governmental gaming. First, that some people benefiting from Indian casinos are
not really Indian. And second, that some Indian nations have a special relationship
with the Federal government that they do not deserve. Of course, both of these
prejudices rely on definitions of "Indian" that are archaic and manufactured.
Many Americans either do not know or chose to ignore the fact that Indian nations
are tribal governments and not ethnic groups. As tribal governments, Indian nations
provide services to their members in much the same way state governments do.
Only recently do some Indian nations with gaming facilities finally have the
resources to meet the basic needs of their tribal citizens. As the Director of
Research at the National Indian Gaming Association, I spend an inordinate amount
of time demythologizing peoples ideas about Indian gaming and correcting
false beliefs about Indian gaming and tribal status. Unfortunately, Benedicts
novel re-ignites many of the myths of Indian identity and mis-educates Americans
about the complexities of American Indian history and political status.
Why Now?
So why is Benedict
writing this story now? The anti-Indian sentiment in Benedicts book clearly
touches a nerve in contemporary New England, where two other Indian nations are
under review for federal recognition. In media interviews this week, Benedict
stated that he has been approached on the street and thanked by strangers for
his work, that he feels "humbled" by all the attention. Make no mistake,
Benedicts book is deliberately building a case against the Mashantucket
Pequot Nation and their status as a Federally-recognized tribe. In the process,
his work casts a shadow on all Indian nations who are pursuing federal recognition,
including those near his home community. Lawyers in the local Connecticut towns
who are opposing the recognition of the Paucatuck Eastern Pequots and the Eastern
Pequots have cited Benedicts book in a petition to U. S. Secretary of the
Interior Bruce Babbitt, asking him to abandon the proposed preliminary recognition
of the two tribes. Using Benedicts book as "evidence" is a dangerous
precedent and clearly a political ploy to call into question the integrity and
intentions of all Native people of New England. It was only after the Indian
Gaming Regulatory Act (IGRA) became law in 1988 that a tribes enrollment
criteria or the federal recognition process has been deemed politically important
by non-Indians or even interesting to the American public. The danger in Benedicts
book lies in its insinuation that somehow Indian nations themselves have only
recently become interested in federal recognition and only then as a means to
secure gaming. The fact is that the majority of Americas 558 federally
recognized tribes have had a special relationship with the Federal government
for centuries or sought recognition prior to 1988. Federal recognition is vital
to receiving a host of federal resources that were originally promised to Indian
nations during the treaty era and which are provided in exchange for turning
over enormous tracks of land.
In 1978, the Bureau
of Indian Affairs (BIA) created the Federal Acknowledgment Process (FAP) to codify
the parameters for securing federal recognition. Benedicts book sensationalizes
the fact that the Mashantucket Pequots did not get recognized through the Federal
Acknowledgement Process but through an act of Congress. The fact is that since
1978, six Indian nations, including the Mashantucket Pequots, have received federal
recognition directly through Congress. During the same time period, a total of
fifteen Indian nations have been acknowledged through the BIAs FAP process.
Of those thirteen Indian nations that have been federally recognized since the
passage of the 1988 Indian Gaming Regulatory Act, fewer than half have pursued
gambling as an economic development strategy. These figures refute the notion
that Indian nations are pursuing or receiving federal recognition with an eye
toward developing casinos. Benedicts attempt to link the process of federal
acknowledgement with Indian gaming is clearly a strategic political move and
not a research endeavor.
New weapons
in an on-going attack
While the weapons
have changed, the motives for attacking American Indian individuals and institutions
have remained the same. In short, non-Indians want access to Indian resources.
Historically, theft or war were popular and effective tactics for alienating
Native people from their resources, which in the past were primarily land and
natural resources. Today, non-Indians fight in courtrooms or Congress and rely
upon the court of public opinion to justify their actions. For the first time
in generations, some Indian nations are re-building their vast resources, though
very few, like the Mashantucket Pequots have actually acquired conventional wealth
through their sovereign right to conduct gaming. It is not surprising, then,
that attacks on their integrity would follow. What is disturbing is that the
attack came in the form of an expose on American Indian identity.
It is telling
that Benedicts previous work includes an expose of the National Football
League, entitled "Pros and Cons: The Criminals Who Play in the NFL." While
Benedicts expose format may be popular and easy to market, it is an inappropriate
style for writing about the complexities of American Indian identity and federal
acknowledgement. While Indian gaming may now be considered a sexy, even glamorous
topic, American Indian history and Federal Indian policy should never be reduced
to a plot line, and questions of American Indian identity should not be addressed
through fictionalized dialogue.
A Distraction
Benedicts
book raises the stakes for everybody because it misses the real story of Indian
nation governmental gaming in Connecticut. By creating an oversimplified and
antagonistic scenario pitting tribal members against non-Indians, the book deliberately
overlooks the ways that Foxwoods and other Mashantucket Pequot development projects
have benefitted local Indian and Non-Indian communities alike. By novelizing
events and simplifying the facts, Benedicts book distracts his readers from the
historic social and economic impacts that gaming has brought to Connecticut.
An accurate investigation of the relationship between casinos and power in New
England would have revealed good works, charitable contributions and successful
community re-vitalization. Indian gaming has helped re-vitalize the economy for
entire the state of Connecticut and has had a ripple effect throughout the region.
As provocative as this book seems, it is simply incomplete and irresponsible.
A Review of Jeff
Benedicts "Without Reservation: The Making of Americas Most
Powerful Indian Tribe and Foxwoods, the Worlds Largest Casino,"
(New York: Harper Collins, 2000. 376 pp., maps, notes, index, cloth $26)
By Professor
Laurence M. Hauptman
Jeff Benedict,
the author of Pros & Cons: the Criminals Who Play in the NFL and a
law student at the New England School of law in Boston, has written what he claims
is an exposé on the Mashantucket Pequots, the most successful operators
of an Indian casino in the United States. He accuses them of obtaining federal
recognition in 1983 by fabricating their Indian identity and by misleading politicians
both at the state and federal levels. To Benedict, behind this "fraud" were
two men: Tom Tureen, a Maine attorney who represented them, and Richard "Skip" Hayward,
the Mashantucket Pequot Tribal Chairman from 1975 to 1998. In an unabashed way,
the author boldly claims: "The [Mashantucket Pequot] tribe had died out
generations ago, decimated by European colonists and rival tribes. But the State
of Connecticut had never dismantled the reservation, instead permitting various
individuals who claimed genealogical ties to the old tribe to reside there"(pp.
31-32). Benedict concludes by calling for a congressional investigation to determine
if the people operating Foxwoods are really the Pequot tribe. If not, the author
recommends revoking "the groups federal recognition status" as
provided by a 1983 congressional act. (p. 353) In preparing his book, Benedict
claimed to have conducted 650 interviews, secured 3,000 pages of documents through
the Freedom of Information Act, obtained 50,000 pages of documents through local,
town, state and private libraries, the National Archives and state and federal
court houses. His project took less than 23 months from the start of his research
to the publication of his book. The authors research is skimpy at best,
showing little knowledge of many primary and secondary sources. His conclusions
on who is/was a Pequot is largely based on town records of Southeastern Connecticut,
ones filled with the racial bias of the time. Often the only categories for classifying
peoples were either "white" or "black," an easy way to write
the Indians out of history. Perhaps intentionally, Benedict ignores the more
reliable Connecticut State Overseers records, state officials who directly
administered these and other Connecticut Indians from before the Revolution to
1793 when the Connecticut State Indian Affairs Council was create. These records
clearly show the continuity of the Mashantucket Pequot as a distinct Indian community
with a leadership over time. Benedict cites but ignores the findings of the major
secondary literature on the Pequots, including the following. Laurence M. Hauptman
and James Wherry, Eds. The Pequots in Southern New England: The Fall & Rise
of an American Indian Nation (Norman, Oklahoma: University of Oklahoma press,
1990); Alfred Cave, The Pequot War (Hanover, N.H.: The University Press
of New England, 1996); and Neal E. Salisbury, Manitou and Providence: Indians,
Europeans & The Making of New England, 1500-1643 (New York: Oxford University
Press, 1982). Benedict is ill-informed about Native Americans, about American
and Connecticut history, and even about law, his chosen profession. Related to
the latter point, he implies that Tom Tureen came on the idea of using the Federal
Trade & Intercourse Act of 1790 (Nonintercourse Act) by chance to use in
his efforts on behalf of his future eastern Indian clients and their attempts
to get federal recognition and a greater land base (p. 12). This argument had
actually been used since the 1890s and a first-year law student could have easily
dug up the case: Seneca Nation v. Christie. The argument was also used
in the 1920s by the Oneida Indians and other Iroquois in their land claims cases.
As a law student, he should have been familiar with Oneida Nation v. Oneida & Madison
Counties, N.Y., et.al., a United States Supreme Court case decided in January,
1974, that held that the Federal Trade and Intercourse Act of 1790 applied to
the original thirteen states. Yet, he incorrectly asserts that the United States
Department of Justice concluded in 1975 the very opposite (p. 49). He also mentions
that attorney Tureen represented the Oneidas and that these Indians werent
federally recognized (p. 33). In fact, George Shattuck was the Oneida Indians attorney
and the Oneidas have been federally recognized by treaty since 1784! Benedict
also knows little history. On page 54, he makes a mistake by claiming the Pequots
were originally from the Hudson River region of New York and invaded Connecticut.
On page 55, he does not clearly explain the origins of the Pequot War of 1637,
which were largely caused by Puritan objections to Pequot control of the land
of Southeastern Connecticut as well as the Indians control of wampum. He
mentions the Battle of Fort Griswold during the American Revolution, but never
states that Pequots died there fighting for American independence against the
British. Glaringly, he covers up Connecticut state officials motivations
in the selling of most of the Mashantucket Pequot reservation lands in 1855.
This action was done without the approval of the federal government. Benedict
claims that Connecticut only committed a technical mistake. He insists that Connecticut
used the money for the welfare of the Indians. In mid-nineteenth century America,
Native Americans were not receiving humane treatment nationwide. Was Connecticut
an exception? On page 86, the author embarrassingly states that President Lincoln
was assassinated in 1863! Benedict omits major details of modern Mashantucket
Pequot history. The tribe early on won support from the Indian Rights Association
of Philadelphia headed by Sandra Cadwalader, who helped them secure grants from
Connecticut benefactors such as Ruth Thompson. The tribe attempted many early
efforts at economic development maple syrup, pigs, hydroponic lettuce secured
moneys from the National Park Service to establish a ball field enterprise, and
received grants for planning from Aetna and other Hartford corporations. Although
briefly mentioned, Governor Ella Grasso deserves more than a paragraph of treatment
from the author since she supported tribal efforts and helped, along with the
federal government, to secure new housing for these Indians. He minimizes the
role of anthropologists, demeans their intentions and ignores their significance
in Pequot affairs: James Wherry, Jack Campsini and Kevin McBride. Both Wherry
and Campisi are tow of the more prominent applied anthropologists in the country.
Wherry did not accept his position, as Benedict claims, because he was "eager
to acquire real estate" (p. 152). He never mentions that the Mashantucket
Pequot Tribal National Museum and Research Center, an outstanding Smithsonian
Institution-affiliated Museum, was part of Chairman Haywards vision for
nearly twenty years and that Campisi was heavily involved in its creation and
success. The Mashantucket Pequots also were one of the first, if not the first,
to have a resident archaeologist Kevin McBride on staff. Benedict
never mentions the quality of the museum or the care the tribe took in subsidizing
and doing archaeological survey in the region to preserve the past. Benedict
makes other mistakes too. The eastern Indians who did not have federal recognition
were known to Washington in 1970, despite Benedicts claim to the contrary
(p. 21). The American Indian Chicago Conference of 1961 was composed of representatives
of some of these communities; their Declaration of Indian Purpose was presented
to President Kennedy at the White House in 1962. Zara Ciscoe Brough was not the "last
living descendant" of the Nipmuc Indians (p. 22). They still exist and have
reservation lands. Throughout the book, the author suggests that politicians
such as Lowell Weicker were taken in by Tureen, Hayward and the Pequots, an incredible
charge since Weicker was one of the brightest, well-read men in public office
over the past four decades. Benedict fails to understand that all Native
American nations have a right to set their own enrollment requirements. Their
membership today is based on the1900 census, not the 1910 census as he states,
not so different than the Cherokees of Oklahoma who define their tribal enrollment
based upon the Dawes Commission lists of 1900. The author makes it appear
that the 1983 congressional act that recognized the Mashantucket Pequot and allowed
them to obtain 1000 acres of land was a scheme to avoid the process of federal
recognition within the Bureau of Indian Affairs, which Benedict claims these
Indians couldnt pass. He also states that, in conspiratorial fashion, Jackson
King, Tureen and Hayward outlined a map of the settlement territory very much
larger than the acreage taken from the tribe by Connecticut in1855, including
valuable undeveloped forest of 1000 acres between the existing reservation n1983
and Route 2 with its clear access to Interstate 95 ten miles away (pp. 113, 119).
These charges are ridiculous. At the time King was the attorney against the Mashantucket
Pequots representing the local non-Indian residents. Secondly, the reason why
the Mashantucket Pequots avoided the Federal recognition petition route through
the Bureau of Indian Affairs was because it was slow and bureaucratic and few
Indian nations at this time had wended their way through it. The Mashantucket
Pequots are one of eight Indian nations to gain federal recognition through an
act of Congress and they were not the first the Houlton Band of Maliseets
were in 1980! This route then was not peculiar to the Pequots. As of today, fifteen
Indian nations, out of thirty who applied, have used the petition route through
the Bureau of Indian Affairs. Thirdly, the land mapped by King, Tureen and Hayward
in the settlement of 1983 was greater than the acreage taken in 1855 by the State
of Connecticut because of several factors: (1) some of the landowners in the
original area were determined not to sell to Pequots; (2) congress wanted to
create a viable land base of 1000 acres and decided to extend the lands beyond
the 1855 boundaries to include the other territory traditional to Pequot existence
since it knew of white opposition within the area; (3) and the land along Fanning
Road mentioned by Benedict was land that included the Mashantucket Pequot tribal
cemetery. The latter, and surrounding lands, were included because of Pequot
fears of future development in the area since there were circular depressions,
unmarked graves, outside the bounds of the cemetery in the vicinity of Fanning
Road. Both Hayward and present Tribal Chairman Kenneth Reels are slandered
as fake Indians by the author. The author states that Hayward and Reels are not
related (p. 230), yet Chairman Reels is Haywards second cousin first removed.
Reels great grandmother was Annie George, the older sister of Haywards
grandmother Elizabeth George. The George line are Indians, and can be traced
back 200 years. For example, Austin George [see attached Civil War pension record]
was described in his Civil War pension application as a "full blood Indian
Pequot. No African blood. Lives alone on the reservation" [see attached
Civil War pension application of Austin George and/or read my book: Between
Two Fires: American Indians in the Civil War (1995)]. Benedict ignores John
George, who was the chief of the Pequot Indians in 1933, an example of the continuity
of Indian leadership and Haywards lineage. The author is also totally unaware
that there are 10-11 major families among the Mashantucket Pequots and assumes
that all the tribe were Haywards family (p. 59). Benedict berates the
Pequot Indians for not being James Fenimore Coopers "noble savages." Why
cant Indians dine at first-class restaurants, drive fancy cars, intermarry
with others. This is not the age of Tonto, Kemosabe and knowing your place. Are
Indians only acceptable in America when they are poor, drunks or on welfare?
The author never credits the Mashantucket Pequots with giving hundreds of millions
of dollars to the United Way, the Smithsonian Institution, the Native American
Rights Fund and many other worthy causes. Instead, he carefully points out the
money that the Mashantucket Pequots have given to the Democrat Party or the loans
they took out to finance their expansion from the United Arab Bank or Lim Goh
Tungs Genting Berhad. Please note that no bank in the United States, much
to their later regret, was willing to give the Mashantucket Pequots loans for
economic development. Moreover, isnt todays American political system
filled with big money contributors and PACS? Thus,
Benedicts book fails to carry out his stated objectives. It is a poor effort
at investigative journalism let alone historical research. Laurence
M. Hauptman* SUNY New Paltz
*Professor Hauptman
is the author of twelve books in American Indian history. He holds the position
of SUNY Distinguished Professor of History, the highest rank within the State
University of New York. |