118-740: Joint Tribal Council of the Passamaquoddy Tribe v. Morton , 528 F.2d 370 (1st Cir. 1975), was a landmark decision regarding aboriginal title in the United States . The United States Court of Appeals for the First Circuit held that the Nonintercourse Act applied to the Passamaquoddy and Penobscot , non-federally-recognized Indian tribes , and established a trust relationship between those tribes and
236-503: A $ 25 million trust fund for the tribes. In return, the tribes would agree to the extinguishment of their aboriginal title as against all titleholders with 50,000 acres (200 km) or less; this would have cleared title to more than 9,000,000 acres (36,000 km), leaving only the tribe's claims against the state and fourteen private landowners such as the Great Northern Nekoosa Paper Corporation,
354-545: A District Judge. Another factor affecting the final push for the settlement was the fear that, if Ronald Reagan won the 1980 presidential election , he would veto any settlement favorable toward the tribes. On June 12, 1980, Senators Mitchell and William Cohen (R-ME) introduced the settlement act in the Senate. The House passed the Maine Indian Claims Settlement Act (MICSA) on September 22,
472-484: A Native American dig site in 1954. The first European confirmed settlement in modern-day Maine was in 1604 on Saint Croix Island , led by French explorer Pierre Dugua, Sieur de Mons . His party included Samuel de Champlain , noted as an explorer. The French named the entire area Acadia , including the portion that later became the state of Maine. The Plymouth Company established the first English settlement in Maine at
590-513: A quarter of the population of Lewiston, Waterville , and Biddeford are Franco-American. Most of the residents of the Mid Coast and Down East sections are chiefly of British heritage. Smaller numbers of various other groups, including Irish , Italian , Swedish and Polish , have settled throughout the state since the late 19th and early 20th century immigration waves. Today there are four federally recognized tribes in Maine, including
708-477: A solution whereby $ 30 million of the settlement funds would come from various programs in the federal budget. That settlement was presented to the Maine congressional delegation in August 1979, but they refusal to endorse it until the Maine legislature had approved it. Governor Langley, in turn, refused to accept any deal that would limit the state's jurisdiction over the tribes. Several legal developments occurred on
826-732: A treaty with the Passamaquoddy that alienated most of the aboriginal lands at issue in the later litigation. The treaty reserved 23,000 acres (93 km) for the tribe. In 1796, the Penobscot ceded 200,000 acres (810 km) in the Penobscot River basin. In 1818, the Penobscot ceded all their remaining land, save some islands in the Penobscot River and four six-mile-square townships. Maine gained statehood in 1820 and assumed Massachusetts' obligations under these treaties. The "final big grab" happened in 1833, when Maine purchased
944-430: A yearly cycle. They would usually winter inland and head to the coasts by summer. European contact with what is now called Maine may have started around 1200 CE when Vikings are believed to have interacted with the native Penobscot in present-day Hancock County , most likely through trade. If confirmed, this would make Maine the site of the earliest European discovery in the entire US. About 200 years earlier, from
1062-547: Is evident with migratory birds like piping plovers , American oystercatcher , and northern harrier , as well as resident species like black-capped chickadees , blue jays , and barred owls . Wetlands provide habitat for amphibians such as spotted salamanders , wood frogs , and toads. Freshwater habitats support fish species like brook trout , landlocked salmon , and multiple gamefish , while marine life in offshore waters includes Atlantic puffins , harbor seals , minke whales , and lobster . Maine's abundance of lobster makes
1180-533: Is forested or unclaimed, the most forest cover of any U.S. state . In the wooded areas of the interior lies much uninhabited land, some of which does not have formal political organization into local units (a rarity in New England). The Northwest Aroostook unorganized territory in the northern part of the state, for example, has an area of 2,668 square miles (6,910 km ) and a population of 10, or one person for every 267 square miles (690 km ). Maine
1298-667: Is in the temperate broadleaf and mixed forests biome . The land near the southern and central Atlantic coast is covered by the mixed oaks of the Northeastern coastal forests . The remainder of the state, including the North Woods , is covered by the New England–Acadian forests . Maine has almost 230 miles (400 km) of ocean coastline (and 3,500 miles (5,600 km) of tidal coastline). West Quoddy Head in Lubec
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#17327718532021416-467: Is now Odanak . The other Abenaki tribes suffered several severe defeats, particularly during Dummer's War , with the capture of Norridgewock in 1724 and the defeat of the Pequawket in 1725, which significantly reduced their numbers. They finally withdrew to Canada , where they were settled at Bécancour and Sillery , and later at St. Francis, along with other refugee tribes from the south. Maine
1534-531: Is part of a cultural region known as Acadia that goes over the border into New Brunswick . Along with the Acadian population in the north, many French-Canadians came from Quebec as immigrants between 1840 and 1930. The upper Saint John River valley area was once part of the so-called Republic of Madawaska , before the frontier was decided in the Webster-Ashburton Treaty of 1842. Over
1652-537: Is the easternmost point of land in the 48 contiguous states. Along the famous rock-bound coast of Maine are lighthouses, beaches, fishing villages, and thousands of offshore islands, including the Isles of Shoals which straddle the New Hampshire border. There are jagged rocks and cliffs and many bays and inlets. Inland are lakes, rivers, forests, and mountains. This visual contrast of forested slopes sweeping down to
1770-479: Is the most densely populated with nearly 40% of Maine's population. This area spans three counties and includes many farms and wooded areas; the 2016 population of Portland proper was 66,937. Maine has experienced a very slow rate of population growth since the 1990 census; its rate of growth (0.57%) since the 2010 census ranks 45th of the 50 states. In 2021 and 2022, however, Maine had the highest proportion of arriving residents to departing residents of any state in
1888-464: Is to the north and northeast, and the province of Quebec is to the northwest. Maine is the northernmost and largest state in New England, accounting for almost half of the region's entire land area. Maine is the only state to border exactly one other American state. Approximately half the area of Maine lies on each side of the 45th parallel north in latitude . Maine is the easternmost state in
2006-555: The Maine Law Review , arguing that Maine's tribes should fall under federal, not state, jurisdiction. O'Toole and Tureen noted that: "There is no evidence that the treaty was 1794 was made in compliance with the Non-Intercourse Act ." The Passamaquoddy tribal council fired Gellers and asked Tureen to take over. Fearing that his federally funded legal aid employer could not withstand the political pressure that
2124-426: The 13th-least densely populated , and the most rural. Maine's capital is Augusta , and its most populous city is Portland , with a total population of 68,408, as of the 2020 census . The territory of Maine has been inhabited by Indigenous populations for about 12,000 years, after the glaciers retreated during the last ice age . At the time of European arrival, several Algonquian -speaking nations governed
2242-469: The 1978 election with TV advertisements criticizing Hathaway's role in the land claim. After the public announcement of a new plan negotiated by Hathaway, Cohen defeated Hathaway in a landslide, while Brennan replaced Longley in the gubernatorial election . Although the tribes made progress in implementing the Hathaway plans with the paper and timber companies, Krulitz ceased to support the proposal when
2360-688: The Bureau of Indian Affairs . Further, the Interior Department's Solicitors Office began looking into whether and how it should proceed in United States v. Maine . Afterward, Tom Tureen (the tribes' lawyer) tried to negotiate a cash settlement. At first Maine's governor, James B. Longley , Maine's attorney general, Joseph Brennan , and the Great Northern Nekoosa Corporation , the largest landowner in
2478-591: The Colony of New Ireland , but returned to the United States following failed British offensives on the northern border, mid-Atlantic and south which produced a peace treaty that restored the pre-war boundaries. Maine was part of the Commonwealth of Massachusetts until 1820 when it voted to secede from Massachusetts to become a separate state. On March 15, 1820, under the Missouri Compromise , Maine
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#17327718532022596-645: The Confederate Army during the Battle of Gettysburg . Four U.S. Navy ships have been named USS Maine , most famously the armored cruiser USS Maine (ACR-1) , whose sinking by an explosion on February 15, 1898, precipitated the Spanish–American War . To the south and east is the Gulf of Maine , and to the west is the state of New Hampshire . The Canadian province of New Brunswick
2714-483: The Contiguous United States both in its extreme points and its geographic center. The town of Lubec is the easternmost organized settlement in the United States. Its Quoddy Head Lighthouse is also the closest place in the United States to Africa and Europe. Estcourt Station is Maine's northernmost point, as well as the northernmost point in New England. (For more information see extreme points of
2832-632: The Department of Justice , the suit was "potentially the most complex litigation ever brought in the federal courts with social and economic impacts without precedent and incredible potential litigation costs to all parties." The decision led to the passage of the Maine Indian Claims Settlement Act in 1980, allocating $ 81.5 million for the benefit of the tribes, in part to allow them to purchase lands in Maine, and extinguishing all aboriginal title in Maine. The settlement
2950-493: The Eastern white pine . Coastal regions are characterized by hardy sea milkwort , sea-blight , bayberry , and the invasive rugosa rose . Maine's terrestrial fauna comprises mammals such as moose , black bears , and white-tailed deer , along with smaller species like red squirrels , snowshoe hares , and raccoons . Maine has the largest populations of moose and black bears in the contiguous United States. Avian diversity
3068-619: The Indian Claims Commission . Based on the acreage involved, Lazarus pointed out that the claim would net only $ 300,000 before the Commission, which would be less than the cost of litigation. When Tureen said, "Mr. Lazarus, this is not an Indian Claims Commission case, this is a Nonintercourse Act claim," Lazarus shook his head and told Tureen he was dreaming. Tureen was able to recruit Barry Margolin, David Crosby, and Stuart Ross of Hogan & Hartson . The other members of
3186-944: The International Paper Company , the Boise Cascade Corporation , the Georgia-Pacific Corporation , the Diamond International Corporation , the Scott Paper Company , and the St. Regis Paper Company . Further, the tribes would agree to dismiss their claims against the state for $ 1.7 million in appropriations per year for 15 years and all claims against the private landowners for 300,000 acres (1,200 km) and an option to buy 200,000 acres (810 km) more at fair market value. Congress
3304-798: The Kennebec River and St. Croix River notionally became Cornwall County, Province of New York under a 1664 grant from Charles II of England to his brother James , at the time the Duke of York . Some of this land was claimed by New France as part of Acadia . All of the English settlements in the Massachusetts Bay Colony and the Province of New York became part of the Dominion of New England in 1686. All of present-day Maine
3422-554: The Mahican of New York . Afterwards, many of these people were driven from their natural territories, but most of Maine's tribes continued, unchanged, until the American Revolution . Before this point, however, most of these people were considered separate nations. Many had adapted to living in permanent, Iroquois -inspired settlements, while those along the coast tended to move from summer villages to winter villages on
3540-519: The Office of Economic Opportunity to provide legal services to indigent clients) after his graduation in June 1969. For the remainder of the year, Tureen assisted Passamaquoddy members in "petty disputes" such as divorce and bill collection. In early 1970, Tureen began assisting the tribe in an effort to receive federal grants. In 1971, Tureen co-wrote an article with Francis J. O'Toole, the editor-in-chief of
3658-525: The Passamaquoddy and Penobscot tribes, also pre-dates European contact in the region. The Passamaquoddy may have had contact with Giovanni da Verrazzano in 1524, but their first extended contact with Europeans would have been with a short-lived settlement built on Dochet Island by Samuel de Champlain and Pierre Dugua, Sieur de Mons in 1604–1605. Research by Emerson Baker in 1989 uncovered over 70 extant deeds documenting private purchases of land from indigenous peoples by English-speaking settlers,
Joint Tribal Council of the Passamaquoddy Tribe v. Morton - Misplaced Pages Continue
3776-455: The Passamaquoddy complaint was filed. Tureen also worried about the delay-related defenses of laches , adverse possession , and statute of limitations . Tureen's team discovered the six-year federal statute of limitations for actions by the federal government for money damages related to Indian lands, 28 U.S.C. § 2415(b)—which treated prior claims as arising on the date of its passage, July 18, 1966—a mere eighteen months before it
3894-536: The Popham Colony in 1607, the same year as the settlement at Jamestown, Virginia . The Popham colonists returned to Britain after 14 months. The French established two Jesuit missions: one on Penobscot Bay in 1609, and the other on Mount Desert Island in 1613. The same year, Claude de La Tour established Castine . In 1625, Charles de Saint-Étienne de la Tour erected Fort Pentagouet to protect Castine. The coastal areas of eastern Maine first became
4012-624: The Province of Maine in a 1622 land patent. The part of western Maine north of the Kennebec River was more sparsely settled and was known in the 17th century as the Territory of Sagadahock . A second settlement was attempted in 1623 by English explorer and naval Captain Christopher Levett at a place called York , where he had been granted 6,000 acres (24 km ) by King Charles I of England. It also failed. The 1622 patent of
4130-625: The 1794 treaty by selling 6,000 acres (24 km) of land. Because Maine had made no provision for a waiver of its sovereign immunity (for example, in a state claims court), Gellers' strategy was to sue Massachusetts, hoping that Massachusetts would in turn sue Maine. On March 8, 1968, Gellers—affiliating with Massachusetts attorney John Bottomly —filed a suit in Suffolk Superior Court in Boston, seeking $ 150 million in damages. This initial claim involved land in and around
4248-711: The American Revolution and the War of 1812, with the British occupying eastern Maine in both conflicts via the Colony of New Ireland . The territory of Maine was confirmed as part of Massachusetts when the United States was formed following the Treaty of Paris ending the revolution, although the final border with British North America was not established until the Webster–Ashburton Treaty of 1842. Maine
4366-489: The Chairman of the Senate's Indian Affairs Committee , denounced the legislation as "one-sided" and declined to hold hearings. Soon after, Carter created a special White House task force to investigate the claims. Carter named retiring judge William B. Gunter , of the state Supreme Court of Georgia , to mediate the dispute. Archibald Cox —a professor at Harvard and the former Watergate special prosecutor—joined
4484-680: The Circuit noted that "we do not foreclose later consideration of whether Congress or the Tribe should be deemed in some manner to have acquiesced in, or Congress to have ratified, the Tribe's land transactions with Maine." The defendants did not appeal to the U.S. Supreme Court, and the time for filing such an appeal lapsed on March 22, 1976. After Judge Gignoux's decision became final, the Passamaquoddy and Penobscot gained federal recognition in 1976, thus becoming eligible for $ 5 million/year in housing, education, health care, and other social services from
4602-634: The Eisenhower administration's Indian termination policy , counsel opined that "obtaining a fair hearing of their claim would be virtually impossible." Up until the 1960s, Maine continued to fulfill certain provisions of the 1794 treaty, including the periodic provision of 150 yards of blue cloth, 400 pounds of powder, 100 bushels of salt, 36 hats, and a barrel of rum. By 1964, of the 23,000 acres (93 km) reservation, 6,000 acres (24 km) had been diverted to other purposes and only 17,000 acres (69 km) remained under tribal control. In February 1964,
4720-548: The First Circuit in 1979, Maine filed an amicus brief arguing that the tribe was entitled to no such immunity. The First Circuit rejected this argument. A similar suit by Gellers—who had since been disbarred and changed his name to Tuvia Ben Shmuel Yosef—was thrown out in 1989. Tom Tureen —who had worked as a summer law clerk for Gellers in the summer of 1967—joined the Indian Legal Services Unit of Pine Tree Legal Services (funded by
4838-577: The Houlton Maliseet; $ 26.8 million for the Passamaquoddy; and $ 26.8 million for the Penobscot. Further, the Houlton Maliseet gained federal recognition (which the Passamaquoddy and Penobscot had possessed since 1976). Altogether, the Passamaquoddy, Penobscot, and Houlton tribes "received the equivalent of $ 25,000 and 275 acres per capita." Landmark decisions in the United States The following landmark court decisions in
Joint Tribal Council of the Passamaquoddy Tribe v. Morton - Misplaced Pages Continue
4956-492: The Indian Township Reservation. Three days later, Maine narcotics officers raided Gellers' home and arrested him for possession of marijuana. Gellers was eventually convicted and, on bail, fled to Israel ; the lawsuit that he started was never prosecuted. Gellers was representing the Passamaquoddy pursuant to a 10% contingency fee agreement. Gellers, in turn, had assigned 40% of his fee to Bottomly. As
5074-496: The Interior Solicitor, and A. Stevens Clay , a partner at Judge Gunter's law firm. Over a period of months, the task force facilitated negotiations over a settlement that would include portions of cash, land, and BIA services. A memorandum of understanding was signed in early February 1978. The memorandum called for 300,000 acres (1,200 km), with the additional land coming from the paper and timber companies, and
5192-486: The Passamaquoddy had been sparse: However, the Circuit held that the Nonintercourse Act alone was sufficient to create the trust relationship, even in the absence of federal recognition or a treaty: Having found that the trust relationship existed, the Circuit rejected the remainder of Maine's arguments on the grounds that "Congress alone has the right to determine when its guardianship shall cease." However,
5310-496: The Passamaquoddy on July 1, 1972. The Penobscot Tribe voted to join the lawsuit late June, and the Secretary filed a second lawsuit, for the same amount, on behalf of the Penobscot on July 17—one day before the statute of limitations would have expired. A few hours before the statutory period was due to expire the next day, Congress extended it for 90 days—the first of a series of such extensions . United States v. Maine
5428-549: The Penobscot and Passamaquoddy, having been solicited by Superintendent John Allan , were allied with the colonies and fought against the British. After the war, Allan urged the Continental Congress to follow through on various promises made to the tribes; Congress took no action and revoked Allan's appointment. In 1794, Allan—now as Commissioner for the Commonwealth of Massachusetts —negotiated
5546-644: The Penobscot whose land claim concerned 5,000,000 acres (20,000 km). On February 22, 1972, the governors of the Passamaquoddy tribes at Indian Township and Pleasant Point wrote a letter to Louis R. Bruce , the Commissioner of the Bureau of Indian Affairs, asking him to initiate such a lawsuit before the July 18th deadline. In early March, Bruce sent a letter to the Department of the Interior recommending that
5664-585: The Province of Maine was split at the Piscataqua River into the Province of New Hampshire to the south and New Somersetshire to the north. A disputed 1630 patent split off the area around present-day Saco as Lygonia . Justifying its actions with a 1652 geographic survey that showed an overlapping patent, the Massachusetts Bay Colony had seized New Somersetshire and Lygonia by force by 1658. The Territory of Sagadahock between
5782-423: The Secretary to bring suit, U.S. Attorney for Maine Peter Mills (who was with Wittman at the counsel's table) declared that "he, too, wanted the government to bring suit"—causing laughter in the courtroom. After a recess, Judge Gignoux issued a preliminary order requiring the Secretary to file the lawsuit. The Secretary filed a suit— United States v. Maine —for $ 150,000,000 in damages on behalf of
5900-563: The Senate on September 23, and President Carter signed it on October 10. The appropriation bill funding the settlement was approved on December 12. MICSA extinguished all aboriginal land title claims in Maine. In return, the Act allocated $ 81.5 million. $ 27 million was placed in trust for the Passamaquoddy and Penobscot tribes, and the remaining $ 55 million was allocated towards the tribes' purchase of up to 300,000 acres (1,200 km) of land. The land acquisition funds were divided such: $ 900,000 for
6018-561: The U.S. Supreme Court held that the provision of the Nonintercourse Act placing the burden of proof in land claims on non-Indians did not apply to U.S. state defendants (but did apply to corporate defendants); further, language in Wilson threatened to confine the applicability of the Act to Indian country . The tribes persuaded the U.S. Solicitor General to file a motion asking the Court to delete that language from its opinion. The Court denied
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#17327718532026136-527: The United States contains landmark court decisions which changed the interpretation of existing law in the United States . Such a decision may settle the law in more than one way: In the United States, landmark court decisions come most frequently from the Supreme Court . United States courts of appeals may also make such decisions, particularly if the Supreme Court chooses not to review
6254-597: The United States ) Maine's Moosehead Lake is the largest lake wholly in New England, since Lake Champlain is located between Vermont , New York , and Quebec . A number of other Maine lakes, such as South Twin Lake , are described by Thoreau in The Maine Woods (1864). Mount Katahdin is the northern terminus of the Appalachian Trail , which extends southerly to Springer Mountain , Georgia , and
6372-452: The United States. According to the 2010 census , Maine has the highest percentage of non-Hispanic White of any state, at 94.4% of the total population. In 2011, 89.0% of all births in the state were to non-Hispanic White parents. Maine also has the second-highest residential senior population. According to HUD 's 2022 Annual Homeless Assessment Report , there were an estimated 4,411 homeless people in Maine. The table below shows
6490-606: The area and these nations are now known as the Wabanaki Confederacy . The first European settlement in the area was by the French in 1604 on Saint Croix Island , founded by Pierre Dugua, Sieur de Mons . The first English settlement was the short-lived Popham Colony , established by the Plymouth Company in 1607. A number of English settlements were established along the coast of Maine in the 1620s, although
6608-441: The case. Although many cases from state supreme courts are significant in developing the law of that state, only a few are so revolutionary that they announce standards that many other state courts then choose to follow. Maine Maine ( / m eɪ n / MAYN ) is a state in the New England region of the United States , and the northeastern most state in the Lower 48 . It borders New Hampshire to
6726-412: The city and its metropolitan area. The earliest known inhabitants of the territory that is now Maine were Algonquian-speaking Wabanaki peoples, including the Passamaquoddy , Maliseet , Penobscot , Androscoggin , and Kennebec. During the later King Philip's War , many of these peoples would merge in one form or another to become the Wabanaki Confederacy , aiding the Wampanoag of Massachusetts and
6844-399: The claim area), and allow the tribes to litigate their claims only to 5,000 acres (20 km) owned by the state of Maine. Both the tribes and the state rejected Gunter's solution. In October 1977, Carter appointed a new three-member task force (the "White House Work Group"), consisting of Eliot Cutler , a former legislative assistant to Senator Muskie and staffer at OMB , Leo M. Krulitz ,
6962-415: The complaint, at the first of two hearings—was his first ever appearance in court. Tureen relied on a provision of the Administrative Procedure Act , 5 U.S.C. § 706(1), which permits a review court to "compel agency action unlawfully withheld or unreasonably delayed." Justice Department lawyer Dennis Wittman represented the Secretary. Judge Gignoux gave the Secretary one week to either voluntarily file
7080-412: The country, with 1.8 arrivals for every departure. The modest population growth in the state has been concentrated in the southern coastal counties; with more diverse populations slowly moving into these areas of the state. However, the northern, more rural areas of the state have experienced a slight decline in population from 2010 to 2016. As of 2020, Maine has the highest population age 65 or older in
7198-409: The disputed area to be assembled by the state and conveyed to the federal government in trust (20% of the state's holdings within the claim area), and the option to purchase 400,000 acres (1,600 km) at fair market value as negotiated by the Interior Secretary. If the tribes rejected the settlement, Gunter proposed that Congress extinguish all aboriginal title to privately held lands (more than 95% of
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#17327718532027316-410: The disputed areas containing land. Also in this easternmost area in the Bay of Fundy is the Old Sow , the largest tidal whirlpool in the Western Hemisphere . Maine is the least densely populated state east of the Mississippi River . It is called the Pine Tree State due to its largest distribution and presence of pine , including Pinus strobus and Pinus resinosa . Over 80% of its total area
7434-407: The earliest dating to 1639. But, most Passamaquoddy lands "remained beyond the reach of English settlers" until the mid-18th century. A few years prior to the end of the French and Indian Wars in 1763, the Province of Massachusetts Bay had taken possession of all Penobscot land "below the head of the tide " of the Penobscot River (near present-day Bangor ). During the Revolutionary War , both
7552-505: The early 1700s to Kahnewake , a Catholic Mohawk village near Montreal , where some were adopted and others ransomed. After the British defeated the French in Acadia in the 1740s, the territory from the Penobscot River east fell under the nominal authority of the Province of Nova Scotia , and together with present-day New Brunswick formed the Nova Scotia county of Sunbury , with its court of general sessions at Campobello. American and British forces contended for Maine's territory during
7670-455: The entire length of the sound. These features also have made it attractive for boat builders, such as the prestigious Hinckley Yachts . Bubble Rock, a glacial erratic , is a large boulder perched on the edge of Bubble Mountain in Acadia National Park . By analyzing the type of granite, geologists discovered that glaciers carried Bubble Rock to its present location from near Lucerne , 30 miles (48 km) away. The Iapetus Suture runs through
7788-419: The eve of the settlement. First, the First Circuit held in Bottomly v. Passamaquoddy Tribe (1979) that the Passamaquoddy were entitled to tribal sovereign immunity (see supra ). Second, the Maine Supreme Judicial Court held in State v. Dana (1979) that the state had no jurisdiction to punish on-reservation arson because of the federal Major Crimes Act . Third, in Wilson v. Omaha Indian Tribe (1979),
7906-406: The federal courts not to hear the tribe's claim; Congress adjourned before the bills could be considered. Bradley H. Patterson, Jr. , a member of the Ford administration, evaluated the tribe's claim and concluded that "Maine's tribes stood to gain a sizeable portion of that state" if the federal government went forward and litigated the dispute on behalf of the tribe, to which the court had declared
8024-403: The federal government that the State of Maine could not terminate. By upholding a declaratory judgement of the United States District Court for the District of Maine , the First Circuit cleared the way for the Passamaquoddy and Penobscot to oblige the federal government to bring a land claim on their behalf for approximately 60% of Maine, an area populated by 350,000 non-Indians. According to
8142-402: The federal government to file a lawsuit on behalf of anyone, much less a multi-million dollar lawsuit on behalf of a powerless and virtually penniless Indian tribe." While Tureen and his colleagues agreed that a court would be hesitant to order such litigation due to the doctrine of prosecutorial discretion , they believed that, in light of the impending statute of limitations, a court might order
8260-403: The federal government to seek possession of the entire 1,000,000 acres (4,000 km) on their behalf. The Passamaquoddy tribal council unanimously approved Tureen's strategy. The Passamaquoddy also had grievances about the management of the tribal trust fund, tribal hunting and fishing rights, and the disfranchisement of tribal members from 1924 to 1967. Later, in April, Tureen was approached by
8378-519: The federal government to simply file the lawsuit as an exercise of the court's common law power to preserve its jurisdiction. The tribes' complaint was filed in the United States District Court for the District of Maine on June 2, 1972. The tribes asked for a declaratory judgment and a preliminary injunction requiring the Interior Department to file suit for $ 25 billion in damages and 12.5 acres (51,000 m) of land. Tureen's appearance before Judge Edward Thaxter Gignoux —two weeks after filing
8496-598: The first phase of the litigation against the state for 350,000 acres (1,400 km) and $ 300 million. In August, however, Bell informed Judge Gignoux that he would not proceed against the fourteen large private landowners. And, in September, Bell asked for a six-month delay before prosecuting the claim against the state. Meanwhile, Representative William Cohen (R-ME) was running against Senator William Hathaway (D-ME)—the tribe's main ally in Congress—;in
8614-653: The following year, keeping a balance between slave and free states. Maine's original state capital was Portland, Maine's largest city, until it was moved to the more central Augusta in 1832. The principal office of the Maine Supreme Judicial Court remains in Portland. The 20th Maine Volunteer Infantry Regiment , under the command of Colonel Joshua Lawrence Chamberlain , prevented the Union Army from being flanked at Little Round Top by
8732-545: The four townships, relegating the Penobscot to Indian Island . None of the land cessions occurred pursuant to a federally ratified treaty. According to Kempers: In the late 19th century, the Maine Supreme Court had held that the Passamaquoddy were not a tribe and had no aboriginal rights. In the 1950s, the Penobscot Nation had hired a lawyer to research the possibility of a land claim. In light of
8850-540: The full extent of the required federal appropriations became clear. Krulitz was replaced with Eric Jankel —assistant for intergovernmental affairs to Interior Secretary Cecil Andrus —with whom Tureen had previously negotiated the settlement to the Narragansett land claim in Rhode Island. Tureen and Jankel—along with Donald Perkins , a lawyer for the paper and timber companies—negotiated
8968-564: The head of the Justice Department's Land and Natural Resources Division —who wrote to Judge Gignoux, declaring his intention to litigate test cases concerning 5,000,000–8,000,000 acres (20,000–32,000 km) of forests (mostly owned by large forestry companies) within the claim area on June 1, unless a settlement was reached. On March 1, 1977, the Maine delegation introduced bills to extinguish all aboriginal title in Maine without compensation. Senator James Abourezk (D-SD),
9086-536: The inclusion of the Houlton Band of Maliseet Indians in the settlement. The Maine state legislature passed the Maine Implementing Act (MIA), a statute enabling the settlement, on April 3, 1980. Several political changes preceded the passage of the settlement act. First, Senator Edmund Muskie (D-ME)—who previously seemed supportive of a settlement, but was gaining national prominence on
9204-526: The issue of fiscal responsibility prior to the 1980 Democratic primary —gave up his seat as Chairman of the Senate Budget Committee to accept President Carter's nomination for Secretary of State. Second, Governor Brennan's choice to replace Muskie (and thus inherit his predecessor's committee assignments) was George Mitchell (D-ME)—who had supported the land claim as U.S. Attorney and possessed legal gravitas due to his tenure as
9322-450: The landowners in the 1,250,000 acres (5,100 km) claim area populated by 350,000 people. In response, Governor Longley called on the tribes to limit their claim to the value of the land as of 1796, without interest (the valuation method used in Indian Claims Commission cases), and called on Congress to pass legislation forcing the tribes to so limit their claim. Interior's memo reached Peter Taft —the grandson of President Taft, and
9440-542: The late spring and summer months are usually driest—a rarity across the Eastern United States. Maine has fewer days of thunderstorms than any other state east of the Rockies , with most of the state averaging fewer than twenty days of thunderstorms a year. Tornadoes are rare in Maine, with the state averaging two per year, although this number is increasing. Most severe thunderstorms and tornadoes occur in
9558-411: The meeting, pursuant to a vote of the Passamaquoddy tribal council, 75 members protested against the construction project along Route 1 , resulting in 10 arrests. Charged with disorderly conduct and trespassing, they hired attorney Don Gellers to defend them. While these charges were still pending, Gellers began to prepare a land claim on behalf of the tribe. Gellers' theory was that Maine had violated
9676-597: The melting of heavy glacier ice caused a slight rebounding effect of underlying rock; this land rise, however, was not enough to eliminate all the effect of the rising sea level and its invasion of former land features. Much of Maine's geomorphology was created by extended glacial activity at the end of the last ice age . Prominent glacial features include Somes Sound and Bubble Rock, both part of Acadia National Park on Mount Desert Island. Carved by glaciers, Somes Sound reaches depths of 175 feet (50 m). The extreme depth and steep drop-off allow large ships to navigate almost
9794-474: The motion. Maine unsuccessfully sought certiorari in Dana on the basis of Wilson . Maine's new attorney general, Richard S. Cohen (no relation to the senator) took over negotiations for the state; soon, each side made new concessions. In March 1980, draft legislation was approved by the tribes' joint negotiating committee and ratified by an advisory referendum of the tribes' membership. This vote also permitted
9912-534: The negotiations of the Maine Indian Claims Settlement Act were reaching a close in May 1978, even though neither Gellers nor Bottomly had performed any further work for the tribes, Bottomly filed suit in the District of Maine claiming he was entitled to a portion of any eventual settlement. On October 10, Judge Gignoux dismissed Bottomly's suit on the grounds of tribal sovereign immunity . When Bottomly's appeal came before
10030-671: The north and west of the state, being underlain by the ancient Laurentian terrane , and the south and east underlain by the Avalonian terrane . Acadia National Park is the only national park in New England. Areas under the protection and management of the National Park Service include: Lands under the control of the state of Maine include: Maine has a humid continental climate ( Köppen climate classification Dfb ), with warm and sometimes humid summers, and long, cold and very snowy winters. Winters are especially severe in
10148-490: The northern and western parts of Maine, while coastal areas are moderated slightly by the Atlantic Ocean , resulting in marginally milder winters and cooler summers than inland regions. Daytime highs are generally in the 75–85 °F (24–29 °C) range throughout the state in July, with overnight lows in the high 50s °F (around 15 °C). January temperatures range from highs near 30 °F (−1 °C) on
10266-562: The racial composition of Maine's population as of 2016. According to the 2016 American Community Survey , 1.5% of Maine's population were of Hispanic or Latino origin (of any race): Mexican (0.4%), Puerto Rican (0.4%), Cuban (0.1%), and other Hispanic or Latino origin (0.6%). The six largest ancestry groups were: English (20.7%), Irish (17.3%), French (15.7%), German (8.1%), American (7.8%) and French Canadian (7.7%). People citing that they are American are of overwhelmingly English descent, but have ancestry that has been in
10384-557: The region for so long (often since the 17th century) that they choose to identify simply as Americans. Maine has the highest percentage of French Americans of any state. Most of them are of Canadian origin, but in some cases have been living there since prior to the American Revolutionary War . There are particularly high concentrations in the northern part of Maine in Aroostook County , which
10502-470: The rugged climate and conflict with the local Indigenous people caused many to fail. As Maine entered the 18th century, only a half dozen European settlements had survived. Loyalist and Patriot forces contended for Maine's territory during the American Revolution . During the War of 1812 , the largely undefended eastern region of Maine was occupied by British forces with the goal of annexing it to Canada via
10620-484: The sea has been summed up by American poet Edna St. Vincent Millay of Rockland and Camden , in "Renascence": All I could see from where I stood Was three long mountains and a wood; I turned and looked the other way, And saw three islands in a bay. Geologists describe this type of landscape as a "drowned coast", where a rising sea level has invaded former land features, creating bays out of valleys and islands out of mountain tops. A rise in land elevation due to
10738-672: The settlements in Iceland and Greenland , the Norse first identified America and attempted to settle areas such as Newfoundland , but failed to establish a permanent settlement. Archeological evidence suggests that Vikings in Greenland returned to North America for several centuries after the initial discovery to trade and collect timber, with the most relevant evidence being the Maine Penny , an 11th-century Norwegian coin found at
10856-469: The southern coast to overnight lows averaging below 0 °F (−18 °C) in the far north. The state's record high temperature is 105 °F (41 °C), set in July 1911, at North Bridgton. Precipitation in Maine is evenly distributed year-round, but with a slight summer maximum in northern/northwestern Maine and a slight late-fall or early-winter maximum along the coast due to " nor'easters " or intense cold-season rain and snowstorms. In coastal Maine,
10974-404: The southern terminus of the new International Appalachian Trail which, when complete, will run to Belle Isle , Newfoundland and Labrador . Machias Seal Island and North Rock , off the state's Downeast coast, are claimed by both Canada and the Maine town of Cutler , and are within one of four areas between the two countries whose sovereignty is still in dispute , but it is the only one of
11092-403: The southwestern interior portion of the state, where summer temperatures are often the warmest and the atmosphere is thus more unstable compared to northern and coastal areas. Maine rarely sees the direct landfall of tropical cyclones , as they tend to recurve out to sea or are rapidly weakening by the time they reach the cooler waters of Maine. In January 2009, a new record low temperature for
11210-495: The state of Maine to intervene. Judge Gignoux's ruling was issued on January 20, 1975, eighteen months after the oral arguments concluded. Judge Gignoux ruled in the tribe's favor on the first two questions, and thus did not reach the third: The defendants appealed to the United States Court of Appeals for the First Circuit . On December 23, 1973, Judge Levin H. Campbell , for the unanimous panel, affirmed. Because
11328-505: The state the largest producer of lobster in the United States. The U.S. Census Bureau estimates that the population of Maine was 1,344,212 on July 1, 2019, a 1.19% increase since the 2010 United States census . At the 2020 census , 1,362,359 people lived in the state. The state's population density is 41.3 people per square mile, making it the least densely populated state east of the Mississippi River . As of 2010, Maine
11446-620: The state was set at Big Black River of −50 °F (−46 °C), tying the New England record. Annual precipitation varies from 35.8 in (909 mm) in Presque Isle to 56.7 in (1,441 mm) in Acadia National Park. Maine exhibits a diverse range of flora and fauna across its varied landscapes, including forests, coastline, and wetlands. Forested areas consist primarily of coniferous and deciduous trees, such as balsam fir , sugar maple , and its state tree,
11564-568: The state, were unwilling to discuss a settlement. With no one to negotiate with, Tureen devoted his energy to assisting the Solicitors Office in researching the legal and historical basis of the claim. In September 1976, Boston law firm Ropes & Gray opined that the state's $ 27 million municipal bond issue could not go forward using property within the claim area as collateral. On September 29, Governor Longley flew to Washington, and Maine's delegation introduced legislation directing
11682-494: The suit or report its reasons for not doing so to him. At the second hearing, on June 23, the Secretary took the position that the Nonintercourse Act did apply to the Maine (and the original states ), but that it only applied to federally recognized tribes . The Secretary also argued that filing a lawsuit would damage relations between the federal government and the state of Maine. When Judge Gignoux pointed out that Maine's governor and entire Congressional delegation had called on
11800-502: The suit would inevitably provoke, in 1971, Tureen asked the Native American Rights Fund (NARF) to act as co-counsel. Tureen himself would eventually move to NARF during the course of the litigation. Tureen attempted to persuade a large law firm to join the case pro bono . Among those who turned him down were Arthur Lazarus, Jr. of Frank, Harris, Shriver & Kampelman , who had litigated many claims in front of
11918-502: The team were Robert Pelcyger of NARF and Robert Mittel of Pine Tree Legal Assistance. Tureen was critical of Gellers' strategy because it required suing in state court (which he believed would be biased against any such claim), because it limited the claim to the 6,000 acres (24 km) promised by the 1794 treaty, and because it would leave the tribes under state jurisdiction and ineligible for federal benefits. One theory that Tureen considered in order to overcome Maine's sovereign immunity
12036-551: The tribal council of the Passamaquoddy Indian Township Reservation requested a meeting with Maine's governor and attorney general to discuss a land dispute related to construction by non-Indians on lands claimed by the tribe. The Passamaquoddy representatives were kept waiting for 5 hours after their scheduled meeting time with the governor, and the attorney general "smiled and wished them well if they ever took their claim to court." Soon after
12154-490: The tribe was entitled. Patterson evaluated various other options, and recommended a land and cash settlement; however, in December 1976, Ford decided to pass this issue to the next administration: that of President Jimmy Carter . On January 11, 1977, prior to Carter's inauguration, the Interior Department sent the Justice Department a litigation report on the merits of the claim, recommending that ejectment be sought against
12272-400: The tribes' legal team pro bono. In response, Governor Longley hired Edward Bennett Williams , the named partner of Williams & Connolly , to represent the state. Three months of presentations to Judge Gunter ensued. On July 15, 1977, in a four-page memorandum to President Carter, Gunter announced his proposed solution: $ 25 million from the federal treasury, 100,000 acres (400 km) from
12390-666: The tribes' request be granted. No reply was forthcoming before April 1. Tureen met with William Gershuny , the Associate Solicitor for Indian Affairs, who said more time was needed. On mid-May, Tureen persuaded Governor Kenneth Curtis to issue a public statement saying that the Passamaquoddy deserved their date in court. Senators Margaret Chase Smith (R-ME) and Edmund S. Muskie (D-ME) and Representatives William Hathaway (D-ME) and Peter Kyros (D-ME) also issued similar statements of support. Gershuny advised Interior to take no action, noting that "no court had ever ordered
12508-449: The trust relationship was found, the First Circuit did not reach the third issue. The First Circuit held that the plain meaning of the Act applied to "any tribe," whether federally recognized or not: The Circuit acknowledged that its holding had great relevance to the tribe's ultimate land claim: However, the Circuit did not wish to foreclose the result of that potential future lawsuit: Campbell acknowledged that federal dealings with
12626-436: The war and refused to defend Maine from British invaders. In 1819, Massachusetts agreed to permit secession, sanctioned by voters of the rapidly growing region the following year. Formal secession from Massachusetts and admission of Maine as the 23rd state occurred on March 15, 1820, as part of the Missouri Compromise , which geographically restricted the spread of slavery and enabled the admission to statehood of Missouri
12744-456: The west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and northwest, and shares a maritime border with Nova Scotia . Maine is the largest state in New England by total area, nearly larger than the combined area of the remaining five states. Of the 50 U.S. states , it is the 12th-smallest by area , the 9th-least populous ,
12862-507: Was admitted to the Union as the 23rd state. Today, Maine is known for its jagged, rocky Atlantic Ocean and bay-shore coastlines, mountains, heavily forested interior, and its cuisine, particularly wild lowbush blueberries and seafood such as lobster and clams . Coastal and Down East Maine have emerged as important centers for the creative economy , especially in the vicinity of Portland , which has also brought gentrification to
12980-555: Was also the most rural state in the Union, with only 38.7% of the state's population living within urban areas. As explained in detail under "Geography", there are large tracts of uninhabited land in some remote parts of the interior of the state, particularly in the North Maine Woods . The mean population center of Maine is located in Kennebec County , just east of Augusta. The Greater Portland metropolitan area
13098-402: Was due to expire on July 18, 1972. Although Tureen's team had come up with alternate theories to overcome Maine's sovereign immunity, the well-pleaded complaint rule, and delay-based defenses, it was "clearly established" that none of those weaknesses would apply to a Nonintercourse Act suit by the federal government. Tureen recommended that the tribe argue that the entire treaty was void and ask
13216-612: Was much fought over by the French , English, and allied natives during the 17th and 18th centuries. These natives conducted raids against settlers and each other, taking captives for ransom or, in some cases, kidnapped for adoption by Native American tribes. A notable example was the early 1692 Abenaki raid on York , where about 100 English settlers were killed and another estimated 80 taken hostage. The Abenaki took captives taken during raids of Massachusetts in Queen Anne's War of
13334-538: Was physically separate from the rest of Massachusetts. Longstanding disagreements over land speculation and settlements led to Maine residents and their allies in Massachusetts proper forcing an 1807 vote in the Massachusetts Assembly on permitting Maine to secede; the vote failed. Secessionist sentiment in Maine was stoked during the War of 1812 when Massachusetts pro-British merchants opposed
13452-702: Was reached "after more than a decade of enormously complex litigation and negotiation." The Passamaquoddy claim was "one of the first of a series of eastern Indian land claims to be prosecuted" and "the first successful suit for the return of any significant amount of land." Compared to the $ 81.5 million compensation in the Passamaquoddy case, the financial compensation of other Indian Land Claims Settlements has been "inconsequential." Indigenous populations have been present in modern-day Maine for 11,000 years, with year-round occupation for 6,000 years. Burial sites associated with an Algonquian-speaking culture date back 5,000 years. The Wabanaki Confederacy , which included
13570-403: Was stayed, pending the resolution of Passamaquoddy v. Morton . Further, proceedings in the district court were put on hold until the First Circuit dismissed the Secretary's interlocutory appeal from Judge Gignoux's preliminary order in 1973. The tribe amended their complaint, abandoning their request for injunctive relief and instead asking only for a declaratory judgment. Judge Gignoux allowed
13688-502: Was to appropriate $ 1.5 million to compensate the contributing private landowners and $ 3.5 million to assist the tribes in exercising the option. On April 26, Governor Longley and Attorney General Brennan finally sat down with Tureen and the tribal negotiating committee. Negotiations broke down over the issue of state taxation as well as civil and criminal jurisdiction. In response, in June, Attorney General Griffin Bell threatened to commence
13806-515: Was to rely on United States v. Lee (1882) , which had permitted a land claim by the heirs of Robert E. Lee against the federal government. Tureen also feared that a federal court would find that it lacked subject-matter jurisdiction for an ejectment action due to the well-pleaded complaint rule , although the Supreme Court held otherwise in Oneida Indian Nation of New York v. County of Oneida (1974)—decided three years after
13924-516: Was unified as York County, Massachusetts under a 1691 royal patent for the Province of Massachusetts Bay . Central Maine was formerly inhabited by the Androscoggin tribe of the Abenaki nation , also known as Arosaguntacook. They were driven out of the area in 1690 during King William's War . They were relocated to St. Francis , Canada, which was destroyed by Rogers' Rangers in 1759, and
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