The Penobscot Indian Nation and the Passamaquoddy Tribe took history into their hands last week when they permanently withdrew their representatives from the Maine legislature, ending almost two centuries of participation in the state’s political process.

Reading a statement to the House on May 26, Wayne Mitchell and Matthew Dana II, the Penobscot and Passamaquoddy representatives, respectively, thanked their House colleagues for their efforts to improve the tribal-state relationship and explained why they could no longer continue working with them.

“The Maine tribes have reached a very critical juncture in our history. As sovereign nations, we must find a better path forward, one that respects our inherent tribal authority and allows for our people to prosper in all areas of their life, and most importantly, one in keeping with our cultural identity and values as Wabanaki people,” Mitchell said.

The tribal nations believed the 1980 Maine Indian Claims Settlement Act (MICSA) would mark a new era in the tribal-state relationship, “but we find ourselves further and further from self-determination and a relationship that respects our inherent authority as tribal governments, as tribal people.”

The men cited Maine Gov. Paul LePage and Attorney General Janet Mills as central figures in an increasingly contentious tribal-state relationship in recent years. “Just last month, the Governor of Maine issued an executive order stating that the tribes, their people, lands and resources are subjects of the state. We continually find ourselves having to defend basic indigenous rights, such as the right to fish within our territories for our own sustenance,” the men said.

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“Further, with the support of the Attorney General, the Governor has declared his intent to veto important legislation affecting the lives of Native people, specifically the implementation of the Violence Against Women Act and the recommendations of the historic truth and reconciliation commission,” the tribal representatives said.

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Mitchell and Dana said the tribes could no longer participate in a system that fails to recognize them as distinct tribal nations and instead maintains a paternalistic attitude that views the tribes as wards. “Our hope is that one day the state will recognize us for who we are and value the tribes as sovereign partners and engage in a relationship of mutual respect. Until then we simply must decide our own future,” they said.

Then Mitchell and Dana walked out of the State House for the last time as tribal representatives, they said.

Their departure leaves the legislature without Indian representation for the first time since 1823, when the first Penobscot envoy attended, according to the legislature’s reference library. The Passamaquoddy Tribe sent its first representative in 1842. The Houlton Band of Maliseet Indians will continue to send its delegate to the legislature. The Aroostook Band of Micmacs does not have a legislative representative. Maine is the only state in the country with tribal representatives. The representatives can do everything that regular members do except vote on pending legislation.

Around 60 legislators followed Mitchell and Dana out of the State House to join approximately 200 tribal supporters in a rally where drummers, singers and dancers celebrated the tribal-state parting of the ways. Penobscot Chief Kirk Francis and Passamaquoddy Chief Fred Moose Moore addressed the crowd.

“We have gone to great lengths to demonstrate good faith and cooperation, only to be lied to,” said Moore, who is chief of the Passamaquoddy reservation at Sipayik.

“To our people today we tell you this: We declare our independence. From here on out, we are a self-governing [nation], focused on a self-determining path,” Francis said. “We have gotten on our knees for the last time.”

Francis told ICTMN later that the tribes have a lot of “nation building” work ahead of them “and we know some of the decisions we’re going to make in the coming months are going to receive pushback [from the state]. We know it’s not going to be easy, so we have to be very systematic in our approach and focus on being what we say we are – independent, self-determining sovereign nations. We cannot control what the state is going to do or how it’s going to react.”

Among other things, the tribes intend to ask Congress to review the 1980 settlement act. Francis said he thinks LePage is already annoyed at the support Penobscot is receiving from the federal government and Congress in its lawsuit against the state, so that request will likely add fuel to the fire. But the tribe’s trust relationship is with the federal government, Francis pointed out. “That’s the only place we can really count on at any level for the protections that we need or we’d be totally alienated from our territory and exterminated from our cultural practices like fishing,” Francis said.

Asked if he thinks the state would come onto the tribe’s land, Francis said, “Well, I hope it doesn’t come to that – that would be a very dark day for the state. My hope is that never happens, that they just respect us in our territory and leave us alone.”

Top Democrats in the Maine House issued a statement urging Mitchell and Dana to reclaim their seats. “The Passamaquoddy and Penobscot people will always have a place in the Maine House,” said House Speaker Mark Eves.  “I am personally committed to working with them and those they represent to ensure their voices are heard in the House chamber. I hope they will reclaim their seats.”

“The Maine House of Representatives is a better place with the tribal representatives,” said House Majority Leader Jeff McCabe. “All of Maine benefits when their voices, their dedication and their passionate advocacy are part of the Legislature. The Penobscot and Passamaquoddy representatives have rightful spots in the House and will be warmly welcomed whenever they choose to return.”