Ho-Chunk Nation

Ho-Chunk Nation

History and Background of the Ho-Chunk Nation

The Ho-Chunk Nation consists of a native American people who speak the Siouan native language. The Ho-Chunk nation people trace their origin to Wisconsin at the Red Banks (Kathy, 2018). Long before the Europeans ventured into the Ho-Chunk territory, the native people resided near Lake Winnebago in temporal houses. Their main economic activities included hunting, gathering and substantial farming.

In line with Kathy (2018), the native tribe was made up of twelve clans, each associated with a different spirit. The spirits that were above included thunder, warrior, eagle, and pigeon. The spirits who were on earth were bear, buffalo, dear, wolf, elk, fish, snake, and the water spirit. Each of the souls carried out distinct responsibilities such as presiding over judicial matters or normal civic governance.

Also, the tribe had distinct gender roles. According to Kathy (2018), the leading roles of the men of the tribe included hunting, fishing, becoming warriors when needed, and leading political relations with other tribes. Also, some men created jewelry out of silver and copper. It was also the role of the men to acquire protection and power from specific spirits by making offerings. Among the Ho-Chunk people, boys became men by undergoing a rite of passage that involved fasting and obtaining a guardian spirit.

Ho-Chunk women were involved in different roles altogether. They were responsible for growing, gathering and preserving food. The women cultivated beans, corn, and squash. According to Kathy (2018), the women had special skills of identifying distinct roots and leaves that they used for medicinal purposes. The women also gathered wild rice, berries, and roots to supplement their agricultural products. Besides, the women made clothing, storage bags and coverings from the hides of the animals their men hunted. Also, it was the role of women to take care of children as well as the elderly.

The Ho-Chunk had their first contact with the Europeans through a French explorer. After that, more French trappers and traders began to come to the Ho-Chunk settlement. Since the Ho-Chunk were warlike and hostile, the French used intermediaries to facilitate peace treaties. The peace relations were meant to ease the French expansion further without hostility from the Ho-Chunk people.

After that, the Ho-Chunk people lost their dominance in their settlement after a huge population was wiped out by disease, famine, and war. Consequently, other tribes took advantage and conquered the fierce and hostile Ho-Chunk. According to Kathy (2018), the Ho-Chunk gained dominance over their territory when peace got established between the French and the Iroquois and the invaders returned to their original settlements. Although Wisconsin became part of the United States, the Ho-Chunk people still retained a secure attachment to the British to the extent of fighting against the United States during the American Revolution. In line with Kathy (2018), at present, the Ho-Chunk Nation of Wisconsin is a federally recognized native tribe with an estimated population of about 7,500 members.

Significant Events and Current Issues Related to tribal sovereignty

Tribal sovereignty is a state where indigenous tribes are allowed to govern themselves using their native authority within the borders of another nation. In the United States, tribal sovereignty gives tribal governments the mandate of ensuring the wellbeing of their homeland and people as well as their cultural and intellectual identity.

Earlier in history, the Ho-Chunk territory was invaded by miners, encouraged by the federal government, forcing the Ho-Chunk people out of their settlement. According to Loew (2001), Ho-Chunk people were forced out of their homeland and settled in reservations following the Black Hawk war. However, some Ho¬-Chunk people resisted the movement and stayed in their original home. The efforts of the federal government to relocate the native residents proved futile after the Ho-Chunk people returning to Wisconsin. After the futile relocation attempts by the federal government, the Ho-Chunk people received special legislation to remain in Wisconsin; which was the origin of tribal sovereignty. In line with Leow (2001), after winning the special law, the Ho-Chunk continued with hunting, gathering, and fishing which ensured their survival.

According to NAFSA (2013), the United States Constitution enshrines the political or “government-to-government” relationship between the Federal government and native nations and makes that relationship distinct from that which the Federal government has with states and foreign countries. As such, the Ho-Chunk Nation occupies a unique and legal position in the American political system. Therefore, unless tribal sovereignty or jurisdiction has gotten explicitly modified, abrogated or bestowed elsewhere, tribes are free to regulate conduct in their authority according to their laws and principles and to adjudicate regulatory disputes in their forums (NAFSA, 2013). As such, since the Ho-Chunk Nation possess tribal sovereignty, their tribal government is permitted to act, not because the federal government allows them but rather because they derive their sovereign status from a pre-existing condition as sovereign nations.

However, in as much as the Ho-Chunk Nation possesses tribal sovereignty, at present, some issues create friction when it comes to implementing the state-tribunal border. According to David et al. (2011), the local government may not tax land with Indian reservations. However, the matter creates controversies because the Indians also resist the taxation of newly acquired property. The dispute arises when it comes to determining the extent of tribal sovereignty and its geographical aspect.

Besides, there are controversies in the extent of tribal sovereignty in business. In line with David et al. (2011), the Ho-Chunk Nation can attract businesses based on a favorable tax regime and relaxed or non-existent tribal regulations leading to tremendous economic development. However, the business-friendly environment on the natives has negative consequences for neighboring businesses because the non-native enterprises do not enjoy those same benefits and thus are at a competitive disadvantage. The competitive advantage of the native people is because they are not inclined to adhere to the taxation rules compared to the non-natives. As such, their products are cheaper which attract more customers translating to more profit.

Furthermore, due to the relaxed regulatory environment in the sovereign tribal territories, some may become a haven for illegal businesses. The unfair competition between the natives and non-natives is a current issue that creates friction between the two groups.

Also, some taxes do not extend to the Ho-Chunk Nation since they are a sovereign tribe. Initially, native tribes were involved in gaming as a way of generating tribal governmental revenues, and to provide tribal administrative services to their members in much the same way that states engaged in gaming made state political revenues to deliver state services to their citizens (NAFSA, 2013). As such, the economic activities of the Ho-Chunk went untaxed since they were purely developmental. However, currently, the issue is controversial because it creates an unfair competition ground for businesses. Since most natives are not subjected to federal taxation rules, they gain a competitive advantage over the non-natives which makes their businesses more profitable.

References

Native American Financial Services Association. (2013). Retrieved March Tuesday, 2019, from Historical Tribal Sovereignty & Relations: https://nativefinance.org/historical-sovereignty-relations/

Patty, L. (2001). Wisonsin Historical Society. Retrieved March Tuesday, 2019, from Ho-Chunk Nation: https://www.wisconsinhistory.org/Records/Article/CS4377

Schraver, D. M., & Tennant, D. H. (2011). Indian tribal sovereignty-current issues. Alb. L. Rev., 75, 133.

Weiser-Alexander, K. (2018, October). Legends of America. Retrieved March Tuesday, 2019, from The Ho-Chunk or Winnebago of Wisconsin: The Ho-Chunk or Winnebago of Wisconsin