Treaties
Treaty Glossary
Anishinaabe
Also spelled "Anishinabe," or, "first people." The Ojibway creation story proclaims that the Creator (Gitchie Manito) blew into four parts of Mother Earth using a Sacred Shell, and from this union of his breath and Four Sacred Elements, man was created. The Gitchie Manitou then lowered this man, the last form of life to be created, to the Earth. (See Chippewa and Ojibwe below). From: Benton-Banai, Edward. 1988. The Mishomis Book. Red School House. St. Paul, Minnesota. 114 pp.
Cede
To yield, grant, relinquish, assign, transfer or hand-over. Ceded territories, then, are those lands, formerly occupied by Indians, that were relinquished to the U. S. government. Many of these lands were identified by property descriptions that later allowed us to identify "lands ceded in the Treaty of 1837," for example.
Chippewa
Term used by non-Indians, mistakenly referring to the Ojibway, the faith-keepers of the nation.
Dawes Act or General Allotment Act
Enacted in 1887, the act sought to reduce indigenous lands and to develop lands that were retained. The Dawes Act gave the president authority to allot 160 acres of tribal land to each tribal head of household, 80 acres to tribal single persons over 18 and orphans, and 40 acres to each other single tribal person over 18. After allotment, surplus lands were opened to settlement. The Dawes Act resulted in the loss of 100 million acres of land belonging to indigenous peoples.
Indian Reorganization Act
Enacted in 1934, This Act recognized the authority of tribal governments. Self-determination and economic development were encouraged as were traditional cultural activities.
Indian Removal
This was the official policy of the Federal government from about 1816 to 1846. Through treaties and refusal to recognize certain titles, the government actively removed Indians from the mid-Atlantic and southeastern territories to regions west of the Mississippi. The forced removal of the Cherokees from Georgia to Oklahoma resulted in 4,000 deaths and is known as the "Trail of Tears."
Judge George Boldt
Federal judge whose 1974 decision regarding rights to hunt and fish for Indians in the Pacific northwest caused a re-examination of treaty rights to hunt and fish throughout the nation.
Ojibway
Also spelled "Ojibwe," this term is used by other tribes to refer to the Anishinaabe.
PARR
(Protect American's Rights and Resources) Wisconsin group opposed to treaty rights.
Public Law 280
Enacted in 1953, Public Law 280 was one of a number of acts intended to end the federal responsibility over Indians. In five states, Public Law 280 transferred civil and criminal jurisdiction over reservation Indians to all other states willing to assume jurisdiction. The act was later amended to require the consent of the tribes before jurisdiction could be assumed.
Termination
Under termination, the special trust relationship between Indian nations and the federal government would decrease and then cease altogether. Indians were encouraged to seek jobs and housing off reservations. Indians remaining on the reservation would do so without government aid. This policy was intended to cause a process of rapid assimilation because most Indians would be forced off the reservations in order to survive.
Usufructory rights
Legal provisions to use and enjoy the benefits and profits of something belonging to another. For example, surface title to land may be sold or deeded to a new owner while the seller might choose to retain the mineral (or water) rights beneath the surface. If the "previous" owner of the land chooses later to mine for minerals, he/she would be exercising usufructuary rights to the minerals.
World view
The way a society views the world around it. This is based upon cultural traditions of the society.
Major Ojibwe Treaties
1807 1819 1836 1837 1842 1854
1807 (PDF Download)
TREATY WITH THE OTTAWA ETC. November 17, 1807
Articles of a treaty made at Detroit, this seventeenth day of November, in the year of our Lord, one thousand eight hundred and seven, by William Hull, governor of the territory of Michigan, and superintendent of Indian affairs, and sole commissioner of the United States, to conclude and sign a treaty or treaties, with the several nations of Indians, north west of the river Ohio, on the one part, and the sachems, chiefs, and warriors of the Ottoway, Chippeway, Wyandotte, and Pottawatami nations of Indians, on the other part. To confirm and perpetuate the friendship, which happily subsists between the United States and the nations aforesaid, to manifest the sincerity of that friendship, and to settle arrangements mutually beneficial to the parties; after a full explanation and perfect understanding, the following articles are agreed to, which, when ratified by the President, by and with the advice and consent of the Senate of the United States, shall be binding on them, and the respective nations of Indians.
ARTICLE 1.
The sachems, chiefs, and warriors of the nations aforesaid, in consideration of money and goods, to be paid to the said nations, by the government of the United States as hereafter stipulated; do hereby agree to cede, relinquish, and forever quit claim, unto the said United States, all right, title, and interest, which the said nations now have, or claim, or ever had, or claimed, in, or unto, the lands comprehended within the following described lines and boundaries: Beginning at the mouth of the Miami river of the lakes, and running thence up the middle thereof, to the mouth of the great Au Glaize river, thence running due north, until it intersects a parallel of latitude, to be drawn from the outlet of lake Huron, which forms the river Sinclair; thence running north east the course, that may be found, will lead in a direct line, to White Rock, in lake Huron, thence due east, until it intersects the boundary line between the United States and Upper Canada, in said lake, thence southwardly, following the said boundary line, down said lake, through river Sinclair, lake St. Clair, and the river Detroit, into lake Erie, to a point due west of the aforesaid Miami river, thence west to place of beginning.
ARTICLE II.
It is hereby stipulated and agreed on the part of the United States, as a consideration for the lands, ceded by the nations aforesaid, in the preceding article, that there shall be paid to the said nations, at Detroit, ten thousand dollars, in money, goods, implements of husbandry, or domestic animals, (at the option of the said nations, seasonably signified, through the superintendent of Indian affairs, residing with the said nations, to the department of war,) as soon as practicable, after the ratification of the treaty, by the President, with the advice and consent of the Senate of the United States; of this sum, three thousand three hundred and thirty-three dollars thirty-three cents and four mills, shall be paid to the Ottoway nation, three thousand three hundred and thirtythree dollars thirty-three cents and four mills, to the Chippeway nation, one thousand six hundred sixty-six dollars sixty-six cents, six mills, to the Wyandotte nation, one thousand six hundred sixty-six dollars sixty-six cents and six mills, to the Pottawatamie nation, and likewise an annuity forever, of two thousand four hundred dollars, to be paid at Detroit, in manner as aforesaid: the first payment to be made on the first day of September next, and to be paid to the different nations, in the following proportions: eight hundred dollars to the Ottoways, eight hundred dollars to the Chippeways, four hundred dollars to the Wyandottes, and four hundred dollars to such of the Pottawatamies, as now reside on the river Huron of lake Erie, the river Raisin, and in the vicinity of the said rivers.
ARTICLE III.
It is further stipulated and agreed, if at any time hereafter, the said nations should be of the opinion, that it would be more for their interest, that the annuity aforesaid should be paid by installments, the United States will agree to a reasonable commutation for the annuity, and pay it accordingly.
ARICLE IV.
The United States, to manifest their liberality, and disposition to encourage the said Indians, in agriculture, further stipulate, to furnish the said Indians with two blacksmiths, one to reside with the Chippeways, at Saguina, and the other to reside with the Ottaways, at the Miami, during the term of ten years; said blacksmiths are to do such work for the said nations as shall be most useful to them.
ARTICLE V.
It is further agreed and stipulated, that the said Indian nations shall enjoy the privilege of hunting and fishing on the lands ceded as aforesaid, as long as they remain the property of the United States.
ARTICLE VI.
It is distinctly to be understood, for the accommodation of the said Indians, that the following tracts of land within the cession aforesaid, shall be, and hereby are reserved to the said Indian nations, one tract of land six miles square, on the Miami of lake Erie, above Roche de Boeuf, to include the village, where Tondaganie, (or the Dog) now lives. Also, three miles square on the said river, (above the twelve miles square ceded to the United States by the treaty of Greenville) including what is called Presque Isle; also four miles square on the Miami bay, including the villages where Meshkemau and Waugau now live; also, three miles square on the river Raisin, at a place called Macon, and where the river Macon falls into the river Raizin, which place is about fourteen miles from the mouth of said river Raizin; also, two sections of one mile square each, at Tonquishâs village, near the river Rouge; also three miles square on lake St. Clair, above the river Huron, to include Machonceâs village; also, six sections, each section containing one mile square, within the cession aforesaid, in such situations as the said Indians shall elect, subject, however, to the approbation of the President of the United States, as to the places of location. It is further understood and agreed, that whenever the reservations cannot conveniently be laid out in squares, they shall be laid out in parallelograms, or other figures, as found most practicable and convenient, so as to contain the area specified in miles, and in all cases they are to be located in such manner, and in such situations,as not to interfere with any improvements of the French or other white people, or any former cessions.
ARTICLE VII.
The said nations of Indians acknowledge themselves to be under the protection of the United States, and no other power, and will prove by their conduct that they are worthy of so great a blessing. In testimony whereof, the said William Hull, and the sachems and war chiefs representing the said nations, have hereunto set their hands and seals. Done at Detroit, in the territory of Michigan, the day and year first above written.
William Hull [L. S.]
Chippewas:
Peewanshemenogh, his x mark, [L. S.] Mamaushegauta, or Bad Legs, his x mark, [L. S.] Pooquigauboawie, his x mark, [L. S.] Kiosk, his x mark, [L. S.] Poquaquet, or the Ball, his x mark, [L. S.] Segangewan, his x mark, [L. S.] Quitchonequit, or Big Cloud, his x mark, [L. S.] Quiconquish, his x mark, [L. S.] Puckenese, or the Spark of Fire, his x mark, [L. S.] Negig, or the Otter, his x mark, [L. S.] Measita, his x mark, [L. S.] Macquettequet, or Little Bear, his x mark, [L. S.] Nemekas, or Little Thunder, his x mark, [L. S.] Sawanabenase, Pechegabua, or Grand Blanc, his x mark, [L. S.] Tonquish, his x mark, [L. S.] Miott, his x mark, [L. S.] Meuetugesheck, or the Little Cedar, his x mark, [L. S.] Ottawas: Aubauway, his x mark, [L. S.] Kawachewan, his x mark, [L. S.] Sawgamaw, his x mark, [L. S.] Ogouse, his x mark, [L. S.] Wasagashick, his x mark, [L. S.] Pattawatimas: Toquish, his x mark, [L. S.] Noname, his x mark, [L. S.] Nawme, his x mark, [L. S.] Ninnewa, his x mark, [L. S.] Skush, his x mark, [L. S.] Wyandots: Skahomet, his x mark, [L. S.] Miere, or Walk in the Water, his x mark, [L. S.] Iyonayotha, his x mark, [L. S.] In presence ofö George McDoughall, chief judge court D.H. And D. C. Rush, attorney general. Jacob Visger, associate judge of the D. court. Jos. Watson, secretary to the legislature of Michigan. Abijah Hull, surveyor for Michigan Territory. Harris H. Hickman, counsellor at law. Abraham Fuller Hull, counsellor at law and secretary to the Commission. Whitmore Knaggs, William Walker, Sworn Interpreter.
1819 (PDF Downlaod) TREATY WITH THE CHIPPEWA
September 24, 1819
Articles of a treaty made and concluded at Saginaw, in the Territory of Michigan, between the United States of America, by their Commissioner, Lewis Cass, and the Chippewa nation of Indians.
ART. 1.
The Chippewa nation of Indians, in consideration of the stipulations herein made on the part of the United States, do hereby, forever cede to the United States the land comprehended within the following lines and boundaries: Beginning at a point in the present Indian boundary line, which runs due north from the mouth of the great Auglaize river, six miles south of the place where the base line, so called, intersects the same; thence, west, sixty miles; thence, in a direct line, to the head of Thunder Bay River; thence, down the same, following the courses thereof, to the mouth; thence, northeast, to the boundary line between the United States and the British Province of Upper Canada; thence, with the same, to the line established by the treaty of Detroit, in the year one thousand eight hundred and seven; thence, with the said line, to the place of beginning.
ART. 2.
From the cession aforesaid the following tracts of land shall be reserved, for the use of the Chippewa nation of Indians:
One tract, of eight thousand acres, on the east side of the river Au Sable, near where the Indians now live. One tract, of two thousand acres, on the river Mesagwisk. One tract, of six thousand acres, on the north side of the river Kawkawling, at the Indian village. One track, of five thousand seven hundred and sixty acres, upon the Flint river, to include Reaumâs village, and a place called Kishkawbawee. One tract, of eight thousand acres, on the head of the river Huron, which empties into the Saginaw river, at the village of Otusson. One island in the Saginaw Bay. One tract, of two thousand acres, where Nabobask formerly lived. One tract, of one thousand acres, near the island in the Saginaw river. One tract, of six hundred and forty acres, at the bend of the river Huron, which empties into the Saginaw river. One tract, of two thousand acres, at the mouth of Point Augrais river. One tract, of one thousand acres, on the river Huron, at Menoequetâs village. One tract, of ten thousand acres, on the Shawasse river, at a place called the Big Rock. One track, of three thousand acres, on the Shawassee river, at Ketchewaundaugenink. One track, of six thousand acres, at the Little Forks on the Tetabawasink river. One track, of six thousand acres, at the Black Birdâs town on the Tetabawasink river. One track, of forty thousand acres, on the west side of the Saginaw river, to be hereafter located.
ART. 3.
There shall be reserved, for the use of each of the persons hereinafter mentioned and their heirs, which persons are all Indians by descent, the following tracts of land:
For the use of John Riley, the son of Menawcumegoqua, a Chippewa woman, six hundred and forty acres of land, beginning at the head of the first marsh above the mouth of the Saginaw river, on the east side thereof. For the use of Peter Riley, the son of Menawcumegoqua, a Chippewa woman, six hundred and forty acres of land, beginning above and adjoining the apple trees on the west side of the Saginaw river, and running up the same for quantity. For the use of James Riley, the son of Menawcumegoqua, a Chippewa woman, six hundred and forty acres, beginning on the east side of the Saginaw river, nearly opposite to Campeauâs trading house, and running up the river for quantity. For the use of Kawkawiskou, or the Crow, a Chippewa chief, six hundred and forty acres of land, on the east side of the Saginaw river, at a place called Menitegow, and to include, in the said six hundred and forty acres, the island opposite to the said place. For the use of Nowokeshik, Metawanene, Mokitchenoqua, Nondashemau, Petabonaqua, Messawwakut, Checbalk, Kitchegeequa, Sagosequa, Annoketoqua, and Tawcumegoqua, each, six hundred and forty acres of land, to be located at and near the grand traverse of the Flint river, in such manner as the President of the United States may direct. For the use of the children of Bokowtonden, six hundred and forty acres, on the Kawkawling river.
ART. 4.
In consideration of the cession aforesaid, the United States agree to pay to the Chippewa nation of Indians, annually, for ever, the sum of one thousand dollars in silver; and do also agree that all annuities due by any former treaty to the said tribe, shall be hereafter paid in silver.
ART. 5.
The stipulation contained in the treaty of Greenville, relative to the right of the Indians to hunt upon the land ceded,while it continues the property of the United States, shall apply to this treaty; and the Indians shall, for the same term, enjoy the privilege of making sugar upon the same land, committing no unnecessary waste upon the trees.
ART. 6.
The United States agree to pay to the Indians the value of any improvements which they may be obliged to abandon, in consequence of the lines established by this treaty, and which improvements add real value to the land.
ART. 7.
The United States reserve to the proper authority the right to make roads through any part of the land reserved by this treaty.
ART. 8.
The United States engage to provide and support a blacksmith for the Indians, at Saginaw, so long as the President of the United States may think proper, and to furnish the Chippewa Indians with such farming utensils and cattle, and to employ such persons to aid them in their agriculture, as the President may deem expedient.
ART. 9.
This treaty shall take effect, and be obligatory on the contracting parties, so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof.
In testimony whereof, the said Lewis Cass, commissioner as aforesaid, and the chiefs and warriors of the Chippewa nation of Indians, have hereunto set their hands, at Saginaw, in the territory of Michigan, this twenty-forth day of September, in the year of our Lord one thousand eight hundred and nineteen.
Lewis Cass,
Pakenosega, his x mark, Kekenutchega, his x mark, Chimokemow, his x mark, Kekenutchegun, his x mark, Pashkobwis, his x mark, Muskobenense, his x mark, Waubonoosa, his x mark, Wausaquanai, his x mark, Minequet, his x mark, Otauson, his x mark, Tuessegua, his x mark, Mixabee, his x mark, Kitchewawashen, his x mark, Neebeenaquin, his x mark, Anueemaycounbeeme, his x mark, Onewequa, his x mark, Nayokeeman, his x mark, Peshquescum, his x mark, Muckcumcinau, his x mark, Kitcheenoting, his x mark, Waubeekeenew, his x mark, Pashkeekou, his x mark, Mayto, his x mark, Sheemaugua, his x mark, Kauguest, his x mark, Kitsheematush, his x mark, Aneuwayba, his x mark, Walkcaykeejugo, his x mark, Autowaynabee, his x mark, Nawgonissee, his x mark, Owenisham, his x mark, Wauweeyatam, his x mark, Mooksonga, his x mark, Noukonwabe, his x mark, Shingwalk, his x mark, Shingwalk jun., his x mark, Wawaubequak, his x mark, Meewayson, his x mark, Wepecumgegut, his x mark, Markkenwuwbe, his x mark, Fonegawne, his x mark, Nemetetowwa, his x mark, Kishkaukou, his x mark, Peenaysee, his x mark, Ogemaunkeketo, his x mark, Reaume, his x mark, Nowkeshuc, his x mark, Mixmunitou, his x mark, Wassau, his x mark, Keneobe, his x mark, Moksauba, his x mark, Mutchwetau, his x mark, Nuwagon, his x mark, Okumanpinase, his x mark, Meckseonne, his x mark, Paupemiskobe, his x mark, Kogkakeshik, his x mark, Wauwassack, his x mark, Misheneanonquet, his x mark, Okemans, his x mark, Nimeke, his x mark, Maneleugobwawaa, his x mark, Puckwash, his x mark, Waseneso, his x mark, Montons, his x mark, Kennwobe, his x mark, Shawshauwenaubais, his x mark, Okooyousinse, his x mark, Ondottowaugane, his x mark, Amickoneena, his x mark, Kitcheonundeeyo, his x mark, Saugassauway, his x mark, Okeemanpeenaysee, his x mark, Minggeeseetay, his x mark, Waubishcan, his x mark, Peaypaymanshee, his x mark, Ocanauck, his x mark, Ogeebouinse, his x mark, Paymeenoting, his x mark, Naynooautienishkoan, his x mark, Kaujagonaygee, his x mark, Kitchmokooman, his x mark, Singgok, his x mark, Maytwayaushing, his x mark, Saguhosh, his x mark, Saybo, his x mark, Obwole, his x mark, Aguagonable, his x mark, Sigonak, his x mark, Kokoosh, his x mark, Pemaw, his x mark, Kawotoktame, his x mark, Sabo, his x mark, Kewageone, his x mark, Metewa, his x mark, Kawgeshequm, his x mark, Keyacum, his x mark, Atowagesek, his x mark, Mawmawkens, his x mark, Mamawsecuta, his x mark, Penaysewaykesek, his x mark, Kewaytinam, his x mark, Sepewan, his x mark, Shashebak, his x mark, Shaconk, his x mark, Mesnakrea, his x mark, Paymusawtom, his x mark, Endus, his x mark, Aushetayawnekusa, his x mark, Wawapenishik, his x mark, Omikou, his x mark, Leroy, his x mark, Witnesses at signing: John L. Leib, secretary, D.G. Whitney, Assistant secretary, C.L. Cass, captain Third Infantry, R.A. Forsyth, jun. acting commissioner, Chester Root, captain U.S. Artillery, John Peacock, lieutenant Thrid U.S. Infantry, G. Godfroy, sub agent, W. Knaggs, sub agent. William Tucky, Lewis Beufort, John Hurson, Sworn interpreters. James V.S. Riley, B. Campau, John Hill, army contractor, J. Whipple, Henry I. Hunt, William Keith, A.E. Lacock, M.S.K. Richard Smyth, Louis Dequindre, B. Head, John Smyth, Conrad Ten Eyck. öööööööö
1836 (PDF Downlaod)
Treaty with the Chippewa, Ottawa, etc.,
March 28, 1836
Articles of a treaty made and concluded at the city of Washington in the District of Columbia, between Henry R. Schoolcraft, commissioner on the part of the United States and the Ottawa and Chippewa nations of Indians, by their chiefs and delegates.
Article First. [Designation of boundary lines ceded to the United States.]
Article Second. From the cession aforesaid the tribes reserve for their own use, to be held in common the following tracts for the term of five years from the date of the ratification of this treaty, and no longer; unless the United States shall grant them permission to remain on said lands for a longer period, namely: One tract of fifty thousand acres to be located on Little Traverse bay: one tract of twenty thousand acres to be located on the north shore of Grand Traverse bay: one tract of seventy thousand acres to be located on, or north of the Pieire Marquetta river, one tract of one thousand acres to be located by Chingassanoo, or the Big Sail, on the Cheboigan. One tract of one thousand acres, to be located by Mujeekewis, on Thunder-bay river.
Article Third. There shall also be reserved for the use of the Chippewas living north of the straits of Michilimackinac, the following tracts for the term of five years from the date of the ratification of this treaty, and no longer, unless the United States shall grant them permission to remain on said lands for a longer period, that is to say: Two tracts of three miles square each, on the north shores of the said straits, between Point-auBarbe and Mille Coquin river, including the fishing grounds in front of such reservations, to be located by a council of the chiefs. The Beaver islands of Lake Michigan for the use of the Beaver-island Indians. Round island, opposite Michilimackinac, as a place of encampment for the Indians, to be under the charge of the Indian department. The islands of the Chenos, with a part of the adjacent north coast of Lake Huron, corresponding in length, and one mile in depth. Sugar island, with its islets, in the river of St. Mary's. Six hundred and forty acres, at the mission of the Little Rapids. A tract commencing at the mouth of the Pississowining river, south of Point Iroquois, thence running up said streams to its forks, thence westward, in a direct line to the Red water lakes, thence across the portage to the Tacquimenon river, and down the same to its mouth, including the small islands and fishing grounds, in front of this reservation. Six hundred and forty acres, on Grand island, and two thousand acres, on the main land south of it. Two sections on the northern extremity of Green bay, to be located by a council of the chiefs. All the locations, left indefinite by this, and the preceding articles, shall be made by the proper chiefs, under the direction of the President. It is understood that the reservation for a place of fishing and encampment, made under the treaty of St. Mary's of the 16th of June 1820, remains unaffected by this treaty.
Article Fourth. In consideration of the foregoing cessions, the United States engage to pay to the Ottawa and Chippewa nations, the following sums, namely. 1st. An annuity of thirty thousand dollars per annum, in specie, for twenty years; eighteen thousand dollars, to be paid to the Indians between Grand River and the Cheboigun, three thousand six hundred dollars, to the Indians on the Huron shore, between the Cheboigan and Thunder-bay river; and seven thousand four hundred dollars, to the Chippewa's north of the straits, as far as the cession extends; the remaining one thousand dollars, to be invested in stock by the Treasury Department and to remain incapable of being sold, without the consent of the President and Senate, which may, however, be given, after the expiration of twenty-one years. 2nd. Five thousand dollars per annum, for the purpose of education, teachers, school-houses, and books in their own language, to be continued twenty years, and as long thereafter as Congress may appropriate for the object. 3rd. Three thousand dollars for missions, subject to the conditions mentioned in the second clause of this article. 4th. Ten thousand dollars for agricultural implements, cattle, mechanics' tools, and such other objects as the President may deem proper. 5th. Three hundred dollars per annum for vaccine matter, medicines, and the services of physicians, to be continued while the Indians remain on their reservations. 6th. Provisions to the amount of two thousand dollars; six thousand five hundred pounds of tobacco- one hundred barrels of salt, and five hundred fish barrels, annually, for twenty years. 7th. One hundred and fifty thousand dollars, in goods and provisions, on the ratification of this treaty, to be delivered at Michilimackinac, and also the sum of two hundred thousand dollars, in consideration of changing the permanent reservations in article two and three to reservations for five years only, to be paid whenever their reservations shall be surrendered, and until that time the interest on said two hundred thousand dollars shall be annually paid to the Indians.
Article Fifth. The sum of three hundred thousand dollars shall be paid to said Indians to enable them, with the aid and assistance of their agent, to adjust and pay such debts as they may justly owe, and the overplus, if any, to apply to such other use as they may think proper.
Article Sixth. The said Indians being desirous of making provision for their half-breed relatives, and the President having determined, that individual reservations shall not be granted, it is agreed, that in lieu thereof, the sum of one hundred and fifty thousand dollars shall be set apart as a fund for said half-breeds. No person shall be entitled to any part of said fund, unless he is of Indian descent and actually resident within the boundaries described in the first article of this treaty, nor shall any thing be allowed to any such person, who may have received any allowance at any previous Indian treaty. The following principles, shall regulate the distribution. A census shall be taken of all the men, women, and children, coming within this article, As the Indians hold in higher consideration, some of their half-breeds than others and as there is much difference in their capacity to use and take care of property, and consequently, in their power to aid their Indian connexions, which furnishes a strong ground for this claim, it is, therefore, agreed, that at the council to be held upon this subject, the commissioner shall call upon the Indian chiefs to designate, if they require it, three classes of these claimants, the first of which, shall receive one-half more than the second, and the second, double the third. Each man, woman, and child shall be enumerated, and an equal share, in the respective classes, shallbe allowed to each. If the father is living with the family, he shall receive the shares of himself, wife and children. If the father is dead, or separated from the family, and the mother is living with the family, she shall have her own share, and that of the children. If the father and mother are neither living with the family, or if the children are orphans, their share shall be retained till they are twenty-one years of age; provided, that such portions of it as may be necessary may, under the direction of the President, be from time to time supplied for their support. All other persons at the age of twenty-one years, shall receive their shares agreeably to the proper class. Out of the said fund of one hundred and fifty thousand dollars, the sum of five thousand dollars shall be reserved to be applied, under the direction of the President, to the support of such of the poor half-breeds, as may require assistance, to be expended in annual instalments for the term of ten years, commencing with the second year. Such of the half-breeds, as may be judged incapable of making a proper use of the money, allowed them by the commissioner, shall receive the same instalments, as the President may direct.
Article Seventh. In consideration of the cessions above made, and as a further earnest of the disposition felt to do full justice to the Indians, and to further their well being, the United States engage to keep two additional blacksmithshops, one of which shall be located on the reservation north of Grand river, and the other at the SauZt Ste. Marie. A permanent interpreter will be provided at each of these locations. It is stipulated to renew the present dilapidated shop at Michilimackinac, and to maintain a gunsmith, in addition to the present smith 's establishment, and to build a dormitory for the Indians visiting the post, and appoint a person to keep it, and supply it with firewood. It is also agreed, to support two farmers and assistants, and two mechanics, as the President may designate, to teach and aid the Indians, in agriculture, and in the mechanic arts. The farmers and mechanics, and the dormitory, will be continued for ten years, and as long thereafter, as the President may deem this arrangement useful and necessary; but the benefits of the other stipulations of this article, shall be continued beyond the expiration of the annuities, and it is understood that the whole of this article shall stand in force, and inure to the benefit of the Indians, as long after the expiration of the twenty years as Congress may appropriate for the obJects.
Article Eighth. It is agreed, that as soon as the said Indians desire it, a deputation shall be sent to the southwest of the Missouri River, there to select a suitable place for the final settlement of said Indians, which country, so selected and of reasonable extent, the United States will forever guaranty and secure to said Indians. Such improvements as add value to the land, hereby ceded, shall be appraised, and the amount paid to the proper Indian. But such payment shall, in no case, be assigned to, or paid to, a white man. If the church on the Cheboigan, should fall within this cession, the value shall be paid to the band owning it. The net proceeds of the sale of the one hundred and sixty acres of land, upon the Grand River upon which the missionary society have erected their buildings, shall be paid to the said society, in lieu of the value of their said improvements. When the Indians wish it, the United States will remove them, at their expense, provide them a year's subsistence in the country to which they go, an fumish the same articles and equipments to each person as are stipulated to be given to the Pottowatomies in the final treaty of cession concluded at Chicago.
Article Ninth. Whereas, the Ottawas and Chippewas, feeling a strong consideration for aid rendered by certain of their half-breeds on Grand river, and other parts of the country ceded, and wishing to testify their gratitude on the present occasion, have assigned such individuals certain locations of land, and united in a strong appeal for the allowance of the same in this treaty; and whereas no such reservation can be permitted in carrying out the special directions of the President on this subject, it is agreed, that, in addition to the general fund set apart for half-breed claims, in the sixth article, the sum of forty-eight thousand one hundred and forty-eight dollars shall be paid for the extinguishment of this class of claims, to be divided in the following manner: To Rix Robinson, in lieu of a section of land granted to his Indian family, on the Grand river rapids, (estimated by good judges to be worth half a million,) at the rate of thirty six dollars an acre: To Leonard Slater, in trust for Chiminonoquat, for a section of land above said rapids, at the rate of ten dollars an acre: To John A. Drew, for a tract of one section and three quarters, to his Indian family, at Cheboigan rapids, at the rate of four dollars- to Edward Biddle, for one section to his Indian family at the fishing grounds, at the rate of three dollars: To John Holiday, for five sections of land to five persons of his Indian family, at the rate of one dollar and twenty-five cents; to Eliza Cook, Sophia Biddle, and Mary Holiday, one section of land each, at two dollars and fifty cents: To Augustin Hamelin junr, being of Indian descent, two sections, at one dollar and twenty-five cents- to William Lasley, Joseph Daily Joseph Trotier, Henry A. Levake, for two sections each, for their Indian families, at one dollar and twenty-five cents To Luther Rice, Joseph Lafrombois, Charles Butterfield, being of Indian descent, and to George Moran, Louis Moran, G. D. Williams, for half-breed children under their care, and to Daniel Marsac, for his Indian child, one section each, at one dollar and twenty-five cents.
Article Tenth. The sum of thirty thousand dollars shall be paid to the chiefs, on the ratification of this treaty, to be divided agreeably to a schedule hereunto annexed.
Article Eleventh. The Ottawas having consideration for one of their aged chiefs, who is reduced to poverty, and it being known that he was a firm friend of the American Government, in that quarter, during the late war, and suffered much in consequence of his sentiments, it is agreed, that an annuity of one hundred dollars per annum shall be paid to Ningweegon or the Wing, during his natural life, in money or goods, as he may choose. Another of the chiefs of said nation, who attended the treaty of Greenville in 1793, and is now, at a very advanced age, reduced to extreme want, together with his wife, and the Government being apprized that he has pleaded a promise of Gen. Wayne, in his behalf, it is agreed that Chusco of Michilimackinac shall receive an annuity of fifty dollars per annum during his natural life.
Article Twelfth. All expenses attending the journeys of the Indians from, and to their homes, and their visit at the seat of Government, together with the expenses of the treaty including a proper quantity of clothing to be given them, wiil be paid by the United States.
Article Thirteenth. The Indians stipulate for the right of hunting on the lands ceded, with the other usual privileges of occupancy, until the land is required for settlement.
In testimony whereof, the said Henry R. Schoolcraft, commissioner on the part of the United States, and the chiefs and delegates of the Ottawa and Chippewa nation of Indians, have hereunto set their hands, at Washington the seat of Government, this twenty-eighth day of March, in the year one thousand eight hundred and thirty-six.
1837 (PDF Downlaod)
TREATY WITH THE CHIPPEWA, 1837.
Articles of a treaty made and concluded at St. Peters (the confluence of the St. Peters and Mississippi rivers) in the Territory of Wisconsin, between the United States of America, by their commissioner, Henry Dodge, Governor of said Territory, and the Chippewa nation of Indians, by their chiefs and headmen.
ARTICLE 1.
The said Chippewa nation cede to the United States all that tract of country included within the following boundaries: Beginning at the junction of the Crow Wing and Mississippi rivers, between twenty and thirty miles above where the Mississippi is crossed by the forty-sixth parallel of north latitude, and running thence to the north point of Lake St. Croix, one of the sources of the St. Croix river; thence to and along the dividing ridge between the waters of Lake Superior and those of the Mississippi, to the sources of the Ocha-sua-sepe a tributary of the Chippewa river; thence to a point on the Chippewa river, twenty miles below the outlet of Lake De Flambeau; thence to the junction of the Wisconsin and Pelican rivers; thence on an east course twenty-five miles; thence southerly, on a course parallel with that of the Wisconsin river, to the line dividing the territories of the Chippewas and Menomonies; thence to the Plover Portage; thence along the southern boundary of the Chippewa country, to the commencement of the boundary line dividing it from that of the Sioux, half a days march below the falls on the Chippewa river; thence with said boundary line to the mouth of Wah-tap river, at its junction with the Mississippi; and thence up the Mississippi to the place of beginning.
ARTICLE 2.
In consideration of the cession aforesaid, the United States agree to make to the Chippewa nation, annually, for the term of twenty years, from the date of the ratification of this treaty, the following payments. 1. Nine thousand five hundred dollars, to be paid in money. 2. Nineteen thousand dollars, to be delivered in goods. 3. Three thousand dollars for establishing three blacksmiths shops, supporting the blacksmiths, and furnishing them with iron and steel. 4. One thousand dollars for farmers, and for supplying them and the Indians, with implements of labor, with grain or seed; and whatever else may be necessary to enable them to carry on their agricultural pursuits. 5. Two thousand dollars in provisions. 6. Five hundred dollars in tobacco. The provisions and tobacco to be delivered at the same time with the goods, and the money to be paid; which time or times, as well as the place or places where they are to be delivered, shall be fixed upon under the direction of the President of the United States. The blacksmiths shops to be placed at such points in the Chippewa country as shall be designated by the Superintendent of Indian Affairs, or under his direction. If at the expiration of one or more years the Indians should prefer to receive goods, instead of the nine thousand dollars agreed to be paid to them in money, they shall be at liberty to do so. Or, should they conclude to appropriate a portion of that annuity to the establishment and support of a school or schools among them, this shall be granted them.
ARTICLE 3.
The sum of one hundred thousand dollars shall be paid by the United States, to the half-breeds of the Chippewa nation, under the direction of the President. It is the wish of the Indians that their two sub-agents Daniel P. Bushnell, and Miles M. Vineyard, superintend the distribution of this money among their half-breed relations.
ARTICLE 4.
The sum of seventy thousand dollars shall be applied to the payment, by the United States, of certain claims against the Indians; of which amount twenty-eight thousand dollars shall, at their request, be paid to William A. Aitkin, twenty-five thousand to Lyman M. Warren, and the balance applied to the liquidation of other just demands against them÷which they acknowledge to be the case with regard to that presented by Hercules L. Dousman, for the sum of five thousand dollars; and they request that it be paid.
ARTICLE 5.
The privilege of hunting, fishing, and gathering the wild rice, upon the lands, the rivers and the lakes included in the territory ceded, is guarantied to the Indians, during the pleasure of the President of the United States.
ARTICLE 6.
This treaty shall be obligatory from and after its ratification by the President and Senate of the United States. Done at St. Peters in the Territory of Wisconsin the twenty-ninth day of July eighteen hundred and thirty-seven. Henry Dodge, Commissioner.
From Leech lake: Aish-ke-bo-ge-koshe, or Flat Mouth, R-che-o-sau-ya, or the Elder Brother. Chiefs. Pe-zhe-kins, the Young Buffalo, Ma-ghe-ga-bo, or La Trappe, O-be-gwa-dans, the Chief of the Earth, Wa-bose, or the Rabbit, Che-a-na-quod, or the Big Cloud. Warriors.
From Gull lake and Swan river: Pa-goo-na-kee-zhig, or the Hole in the Day, Songa-ko-mig, or the Strong Ground. Chiefs. Wa-boo-jig, or the White Fisher, Ma-cou-da, or the Bearâs Heart. Warriors.
From St. Croix river: Pe-zhe-ke, or the Buffalo, Ka-be-ma-be, or the Wet Month. Chiefs. Pa-ga-we-we-wetung, Coming Home Hollowing, Ya-banse, or the Young Buck, Kis-ke-ta-wak, or the Cut Ear.
From Lake Courteoville: Pa-qua-a-mo, or the Wood Pecker. Chief.
From Lac De Flambeau: Pish-ka-ga-ghe, or the White Crow, Na-wa-ge-wa, or the Knee, O-ge-ma-ga, or the Dandy, Pa-se-quam-jis, or the Commissioner, Wa-be-ne-me, or the White Thunder. Chiefs.
From La Pointe, (on Lake Superior): Pe-zhe-ke, or the Buffalo, Ta-qua-ga-na, or Two Lodges Meeting, Cha-che-que-o. Chiefs.
From Mille Lac: Wa-shask-ko-kone, or Rats Liver, Wen-ghe-ge-she-guk, or the First Day. Chiefs. Ada-we-ge-shik, or Both Ends of the Sky, Ka-ka-quap, or the Sparrow. Warriors.
From Sandy Lake: Ka-nan-da-wa-win-zo, or Le Brocheux, We-we-shan-shis, the Bad Boy, or Big Mouth, Ke-che-wa-me-te-go, or the Big Frenchman. Chiefs. Na-ta-me-ga-bo, the Man that stands First, Sa-ga-ta-gun, or Spunk. Warriors.
From Snake river: Naudin, or the Wind, Sha-go-bai, or the Little Six, Pay-ajik, or the Lone Man, Na-qua-na-bie, or the Feather. Chiefs. Ha-tau-wa, Wa-me-te-go-zhins, the Little Frenchman, Sho-ne-a, or Silver. Warriors.
From Fond du Lac, (on Lake Superior): Mang-go-sit, or the Loons Foot, Shing-go-be, or the Spruce. Chiefs. From Red Cedar lake: Mont-so-mo, or the Murdering Yell.
From Red lake: Francois Goumean (a half breed).
From Leech lake: Sha-wa-ghe-zhig, or the Sounding Sky, Wa-zau-ko-ni-a, or Yellow Robe. Warriors.
Signed in presence of÷ Verplanck Van Antwerp, Secretary to the Commissioner. M. M. Vineyard, U. S. Sub-Indian Agent. Daniel P. Bushnell. Law. Taliaferro, Indian Agent at St. Peters. Martin Scott, Captain, Fifth Regiment Infantry. J. Emerson, Assistant Surgeon, U. S. Army. H. H. Sibley. H. L. Dousman. S. C. Stambaugh. E. Lockwood. Lyman M. Warren. J. N. Nicollet. Harmen Van Antwerp. Wm. H. Forbes. Jean Baptiste Dubay, Interpreter. Peter Quinn, Interpreter. S. Campbell, U. S. Interpreter. Stephen Bonga, Interpreter. Wm. W Coriell.
1842 (PDF Downlaod)
TREATY WITH THE CHIPPEWA, 1842.
Oct. 4, 1842.
Articles of a treaty made and concluded at La Pointe of Lake Superior, in the Territory of Wisconsin, between Robert Stuart commissioner on the part of the United States, and the Chippewa Indians of the Mississippi, and Lake Superior, by their chiefs and headmen.
ARTICLE I.
THE Chippewa Indians of the Mississippi and Lake Superior, cede to the United States all the country within the following bounderies; viz: beginning at the mouth of Chocolate river of Lake Superior; thence northwardly across said lake to intersect the boundery line between the United States and the Province of Canada; thence up said Lake Superior, to the mouth of the St. Louis, or Fond du Lac river (including all the islands in said lake); thence up said river to the American Fur Companyâs trading post, at the southwardly bend thereof, about 22 miles from its mouth; thence south to intersect the line of the treaty of 29th July 1837, with the Chippewas of the Mississippi; thence along said line to its southeastwardly extremity, near the Plover portage on the Wisconsin river; thence northeastwardly, along the boundery line, between the Chippewas and Menomonees, to its eastern termination, (established by the treaty held with the Chippewas, Menomonees, and Winnebagoes, at Butte des Morts, August 11th 1827) on the Skonawby river of Green Bay; thence northwardly to the source of Chocolate river; thence down said river to its mouth, the place of beginning; it being the intention of the parties to this treaty, to include in this cession, all the Chippewa lands eastwardly of the aforesaid line running from the American Fur Companyâs trading post on the Fond du Lac river to the intersection of the line of the treaty made with the Chippewas of the Mississippi July 29th 1837.
ARTICLE II.
The Indians stipulate for the right of hunting on the ceded territory, with the other usual privileges of occupancy, until required to remove by the President of the United States, and that the laws of the United
States shall be continued in force, in respect to their trade and inter course with the whites, until otherwise ordered by Congress.
ARTICLE III.
It is agreed by the parties to this treaty, that whenever the Indians shall be required to remove from the ceded district, all the unceded lands belonging to the Indians of Fond du Lac, Sandy Lake, and Mississippi bands, shall be the common property and home of all the Indians, party to this treaty.
ARTICLE IV.
In consideration of the foregoing cession, the United States, engage to pay to the Chippewa Indians of the Mississippi, and Lake Superior, annually, for twenty-five years, twelve thousand five hundred (12,500) dollars, in specie, ten thousand five hundred (10,500) dollars in goods, two thousand (2,000) dollars in provisions and tobacco, two thousand (2,000) dollars for the support of two blacksmiths shops, (including pay of smiths and assistants, and iron steel &c.) one thousand (1,000) dollars for pay of two farmers, twelve hundred (1,200) for pay of two carpenters, and two thousand (2,000) dollars for the support of schools for the Indians party to this treaty; and further the United States engage to pay the sum of five thousand (5,000) dollars as an agricultural fund, to be expended under the direction of the Secretary of War. And also the sum of seventy-five thousand (75,000) dollars, shall be allowed for the full satisfaction of their debts within the ceded district, which shall be examined by the commissioner to this treaty, and the amount to be allowed decided upon by him, which shall appear in a schedule hereunto annexed. The United States shall pay the amount so allowed within three years. Whereas the Indians have expressed a strong desire to have some provision made for their half breed relatives, therefore it is agreed, that fifteen thousand (15,000) dollars shall be paid to said Indians, next year, as a present, to be disposed of, as they, together with their agent, shall determine in council.
ARTICLE V.
Whereas the whole country between Lake Superior and the Mississippi, has always been understood as belonging in common to the Chippewas, party to this treaty; and whereas the bands bordering on Lake Superior, have not been allowed to participate in the annuity payments of the treaty made with the Chippewas of the Mississippi, at St. Peters July 29th 1837, and whereas all the unceded lands belonging to the aforesaid Indians, are hereafter to be held in common, therefore, to remove all occasion for jealousy and discontent, it is agreed that all the annuity due by the said treaty, as also the annuity due by the present treaty, shall henceforth be equally divided among the Chippewas of the Mississippi and Lake Superior, party to this treaty, so that every person shall receive an equal share.
ARTICLE VI.
The Indians residing on the Mineral district, shall be subject to removal therefrom at the pleasure of the President of the United States.
ARTICLE VII.
This treaty shall be obligatory upon the contracting parties when ratified by the President and Senate of the United States.
In testimony whereof the said Robert Stuart commissioner, on the part of the United States, and the chiefs and headmen of the Chippewa Indians of the Mississippi and Lake Superior, have hereunto set their hands, at La Pointe of Lake Superior, Wisconsin Territory this fourth day of October in the year of our Lord one thousand eight hundred and forty-two.
Robert Stuart, Commissioner. Jno. Hulbert, Secretary.
In presence of÷ Henry Blanchford, interpreter. Samuel Ashmun, interpreter. Justin Rice. Charles H. Oakes. William A. Aitkin. William Brewster. Charles M. Borup. Z. Platt. C. H. Beaulieau. L. T. Jamison. James P. Scott. Cyrus Mendenhall. L. M. Warre
1854 (PDF Downlaod)
TREATY WITH THE CHIPPEWA, 1854.
Sept. 30, 1854.
Articles of a treaty made and concluded at La Pointe, in the State of Wisconsin, between Henry C. Gilbert and David B. Herriman, commissioners on the part of the United States, and the Chippewa Indians of Lake Superior and the Mississippi, by their chiefs and head-men.
ARTICLE 1.
The Chippewas of Lake Superior hereby cede to the United States all the lands heretofore owned by them in common with the Chippewas of the Mississippi, lying east of the following boundary-line, to wit: Beginning at a point, where the east branch of Snake River crosses the southern boundary-line of the Chippewa country, running thence up the said branch to its source, thence nearly north, in a straight line, to the mouth of East Savannah River, thence up the St. Louis River to the mouth of East Swan River, thence up the East Swan River to its source, thence in a straight line to the most westerly bend of Vermillion River, and thence down the Vermillion River to its mouth.The Chippewas of the Mississippi hereby assent and agree to the foregoing cession, and consent that the whole amount of the consideration money for the country ceded above, shall be paid to the Chippewas of Lake Superior, and in consideration thereof the Chippewas of Lake Superior hereby relinquish to the Chippewas of the Mississippi, all their interest in and claim to the lands heretofore owned by them in common, lying west of the above boundry-line.
ARTICLE 2.
The United States agree to set apart and withhold from sale, for the use of the Chippewas of Lake Superior, the following-described tracts of land, viz: 1st. For the LâAnse and Vieux De Sert bands, all the unsold lands in the following townships in the State of Michigan: Township fifty-one north range thirty-three west; township fifty-one north range thirty-two west; the east half of township fifty north range thirty-three west; the west half of township fifty north range thirty-two west, and all of township fifty-one north range thirty-one west, lying west of Huron Bay. 2d. For the La Pointe band, and such other Indians as may see fit to settle with them, a tract of land bounded as follows: Beginning on the south shore of Lake Superior, a few miles west of Montreal River, at the mouth of a creek called by the Indians Ke-che-se-be-we-she, running thence south to a line drawn east and west through the centre of township forty-seven north, thence west to the west line of said township, thence south to the southeast corner of township forty-six north, range thirty-two west, thence west the width of two townships, thence north the width of two townships, thence west one mile, thence north to the lake shore, and thence along the lake shore, crossing Shag-waw-me-quon Point, to the place of beginning. Also two hundred acres on the northern extremity of Madeline Island, for a fishing ground. 3d. For the other Wisconsin bands, a tract of land lying about Lac De Flambeau, and another tract on Lac Court Orielles, each equal in extent to three townships, the boundaries of which shall be hereafter agreed upon or fixed under the direction of the President. 4th. For the Fond Du Lac bands, a tract of land bounded as follows: Beginning at an island in the St. Louis River, above Knife Portage, called by the Indians Paw-paw-sco-me-me-tig, running thence west to the boundary-line heretofore described, thence north along said boundary-line to the mouth of Savannah River, thence down the St. Louis River to the place of beginning. And if said tract shall containless than one hundred thousand acres, a strip of land shall be added on the south side thereof, large enough to equal such deficiency.5th. For the Grand Portage band, a tract of land bounded as follows: Beginning at a rock a little east of the eastern extremity of Grand Portage Bay, running thence along the lake shore to the mouth of a small stream called by the Indians Maw-ske-gwaw-caw-maw-se-be, or Cranberry Marsh River, thence up said stream, across the point to Pigeon River, thence down Pigeon River to a point opposite the starting-point, and thence across to the place of beginning. 6th. The Ontonagon band and that subdivision of the La Pointe band of which Buffalo is chief, may each select, on or near the lake shore, four sections of land, under the direction of the President, the boundaries of which shall be defined hereafter. And being desirous to provide for some of his connections who have rendered his people important services, it is agreed that the chief Buffalo may select one section of land, at such place in the ceded territory as he may see fit, which shall be reserved for that purpose, and conveyed by the United States to such person or persons as he may direct. 7th. Each head of a family, or single person over twenty-one years of age at the present time of the mixed bloods, belonging to the Chippewas of Lake Superior, shall be entitled to eighty acres of land, to be selected by them under the direction of the President, and which shall be secured to them by patent in the usual form.
ARTICLE 3.
The United States will define the boundaries of the reserved tracts, whenever it may be necessary, by actual survey, and the President may, from time to time, at his discretion, cause the whole to be surveyed, and may assign to each head of a family or single person over twenty-one years of age, eighty acres of land for his or their separate use; and he may, at his discretion, as fast as the occupants become capable of transacting their own affairs, issue patents therefor to such occupants, with such restrictions of the power of alienation as he may see fit to impose. And he may also, at his discretion, make rules and regulations, respecting the disposition of the lands in case of the death of the head of a family, or single person occupying the same, or in case of its abandonment by them. And he may also assign other lands in exchange for mineral lands, if any such are found in the tracts herein set apart. And he may also make such changes in the boundaries of such reserved tracts or otherwise, as shall be necessary to prevent interference with any vested rights. All necessary roads, highways, and railroads, the lines of which may run through any of the reserved tracts, shall have the right of way through the same, compensation being made therefor as in other cases.
ARTICLE 4.
In consideration of and payment for the country hereby ceded, the United States agree to pay to the Chippewas of Lake Superior, annually, for the term of twenty years, the following sums, to wit: five thousand dollars in coin; eight thousand dollars in goods, household furniture and cooking utensils; three thousand dollars in agricultural implements and cattle, carpenterâs and other tools and building materials, and three thousand dollars for moral and educational purposes, of which last sum, three hundred dollars per annum shall be paid to the Grand Portage band, to enable them to maintain a school at their village. The United States will also pay the further sum of ninety thousand dollars, as the chiefs in open council may direct, to enable them to meet their present just engagements. Also the further sum of six thousand dollars, in agricultural implements, household furniture, and cooking utensils, to be distributed at the next annuity payment, among the mixed bloods of said nation. The United States will also furnish two hundred guns, one hundred rifles, five hundred beaver-traps, three hundred dollarsâ worth of ammunition,and one thousand dollarsâ worth of ready-made clothing, to be distributed among the young men of the nation, at the next annuity payment.
ARTICLE 5.
The United States will also furnish a blacksmith and assistant, with the usual amount of stock, during the continuance of the annuity payments, and as much longer as the President may think proper, at each of the points herein set apart for the residence of the Indians, the same to be in lieu of all the employees to which the Chippewas of Lake Superior may be entitled under previous existing treaties.
ARTICLE 6.
The annuities of the Indians shall not be taken to pay the debts of individuals, but satisfaction for depredations committed by them shall be made by them in such manner as the President may direct.
ARTICLE 7.
No spirituous liquors shall be made, sold, or used on any of the lands herein set apart for the residence of the Indians, and the sale of the same shall be prohibited in the Territory hereby ceded, until otherwise ordered by the President.
ARTICLE 8.
It is agreed, between the Chippewas of Lake Superior and the Chippewas of the Mississippi, that the former shall be entitled to two-thirds, and the latter to one-third, of all benefits to be derived from former treaties existing prior to the year 1847.
ARTICLE 9.
The United States agree that an examination shall be made, and all sums that may be found equitably due to the Indians, for arrearages of annuity or other thing, under the provisions of former treaties, shall be paid as the chiefs may direct.
ARTICLE 10.
All missionaries, and teachers, and other persons of full age, residing in the territory hereby ceded, or upon any of the reservations hereby made by authority of law, shall be allowed to enter the land occupied by them at the minimum price whenever the surveys shall be completed to the amount of one quarter-section each.
ARTICLE 11.
All annuity payments to the Chippewas of Lake Superior, shall hereafter be made at LâAnse, La Pointe, Grand Portage, and on the St. Louis River; and the Indians shall not be required to remove from the homes hereby set apart for them. And such of them as reside in the territory hereby ceded, shall have the right to hunt and fish therein, until otherwise ordered by the President.
ARTICLE 12.
In consideration of the poverty of the Bois Forte Indians who are parties to this treaty, they having never received any annuity payments, and of the great extent of that part of the ceded country owned exclusively by them, the following additional stipulations are made for their benefit. The United States will pay the sum of ten thousand dollars, as their chiefs in open council may direct, to enable them to meet their present just engagements. Also the further sum of ten thousand dollars, in five equal annual payments, in blankets, cloth, nets, guns, ammunitions, and such other articles of necessity as they may require.They shall have the right to select their reservation at any time hereafter, under the direction of the President; and the same may be equal in extent, in proportion to their numbers, to those allowed the other bands, and be subject to the same provisions.
They shall be allowed a blacksmith, and the usual smithshop supplies, and also two persons to instruct them in farming, whenever in the opinion of the President it shall be proper, and for such length of time as he shall direct.It is understood that all Indians who are parties to this treaty, except the Chippewas of the Mississippi, shall hereafter be known as the Chippewas of Lake Superior. Provided, That the stipulation by which the Chippewas of Lake Superior relinquishing their right to land west of the boundary-line shall not apply to the Bois Forte band who are parties to this treaty.
ARTICLE 13.
This treaty shall be obligatory on the contracting parties, as soon as the same shall be ratified by the President and Senate of the United States.
In testimony whereof, the said Henry C. Gilbert, and the said David B. Herriman, commissioners as aforesaid, and the undersigned chiefs and headmen of the Chippewas of Lake Superior and the Mississippi, have hereunto set their hands and seals, at the place aforesaid, this thirtieth day of September, one thousand eight hundred and fifty-four.
Henry C. Gilbert, David B. Herriman, Commissioners.
Richard M. Smith, Secretary.
La Pointe Band: Ke-che-waish-ke, or the Buffalo, 1st chief, his x mark. [L. S.] Chay-che-que-oh, 2d chief, his x mark. [L. S.] A-daw-we-ge-zhick, or Each Side of the sky, 2d chief, his x mark. [L. S.] O-ske-naw-way, or the Youth, 2d chief, his x mark. [L. S.] Maw-caw-day-pe-nay-se, or the Black Bird, 2d chief, his x mark. [L. S.] Naw-waw-naw-quot, headman, his x mark. [L. S.] Ke-wain-zeence, headman, his x mark. [L. S.] Waw-baw-ne-me-ke, or the White Thunder, 2d chief, his x mark. [L. S.] Pay-baw-me-say, or the Soarer, 2d chief, his x mark. [L. S.] Naw-waw-ge-waw-nose, or the Little Current, 2d chief, his x mark. [L. S.] Maw-caw-day-waw-quot, or the Black Cloud, 2d chief, his x mark. [L. S.] Me-she-naw-way, or the Disciple, 2d chief, his x mark. [L. S.] Key-me-waw-naw-um, headman, his x mark. [L. S.] She-gog headman, his x mark. [L. S.] Ontonagon Band: O-cun-de-cun, or the Buoy 1st chief, his x mark. [L. S.] Waw-say-ge-zhick, or the Clear Sky, 2d chief, his x mark. [L. S.] Keesh-ke-taw-wug, headman, his x mark. [L. S.] LâAnse Band: David King, 1st chief, his x mark. [L. S.] John Southwind, headman, his x mark. [L. S.] Peter Marksman, headman, his x mark. [L. S.] Naw-taw-me-ge-zhick, or the First Sky, 2d chief, his x mark. [L. S.] Aw-se-neece, headman, his x mark. [L. S.] Vieux De Sert Band: May-dway-aw-she, 1st chief, his x mark. [L. S.] Posh-quay-gin, or the Leather, 2d chief, his x mark. [L. S.] Grand Portage Band: Shaw-gaw-naw-sheence, or the Little Englishman, 1st chief, his x mark. [L. S.] May-mosh-caw-wosh, headman, his x mark. [L. S.] Aw-de-konse, or the Little Reindeer, 2d chief, his x mark. [L. S.] Way-we-ge-wam, headman, his x mark. [L. S.] Fond Du Lac Band: Shing-goope, or the Balsom, 1st chief, his x mark. [L. S.] Mawn-go-sit, or the Loonâs Foot, 2d chief, his x mark. [L. S.] May-quaw-me-we-ge-zhick, headman, his x mark. [L. S.] Keesh-kawk, headman, his x mark. [L. S.] Caw-taw-waw-be-day, headman, his x mark. [L. S.] O-saw-gee, headman, his x mark. [L. S.] Ke-che-aw-ke-wain-ze, headman, his x mark. [L. S.] Naw-gaw-nub, or the Foremost Sitter, 2d chief, his x mark. [L. S.] Ain-ne-maw-sung, 2d chief, his x mark. [L. S.] Naw-aw-bun-way, headman, his x mark. [L. S.] Wain-ge-maw-tub, headman, his x mark. [L. S.] Aw-ke-wain-zeence, headman, his x mark. [L. S.] Shay-way-be-nay-se, headman, his x mark. [L. S.] Paw-pe-oh, headman, his x mark. [L. S.] Lac Court Oreille Band: Aw-ke-wain-ze, or the Old Man, 1st chief, his x mark. [L. S.] Key-no-zhance, or the Little Jack Fish, 1st chief, his x mark. [L. S.] Key-che-pe-nay-se, or the Big Bird, 2d chief, his x mark. [L. S.] Ke-che-waw-be-shay-she, or the Big Martin, 2d chief, his x mark. [L. S.] Waw-be-shay-sheence, headman, his x mark. [L. S.] Quay-quay-cub, headman, his x mark. [L. S.] Shaw-waw-no-me-tay, headman, his x mark. [L. S.] Nay-naw-ong-gay-be, or the Dressing Bird, 1st chief, his x mark. [L. S.] O-zhaw-waw-sco-ge-zhick, or the Blue Sky, 2d chief, his x mark. [L. S.] I-yaw-banse, or the Little Buck, 2d chief, his x mark. [L. S.] Ke-che-e-nin-ne, headman, his x mark. [L. S.] Haw-daw-gaw-me, headman, his x mark. [L. S.] Way-me-te-go-she, headman, his x mark. [L. S.] Pay-me-ge-wung, headman, his x mark. [L. S.] Lac Du Flambeau Band: Aw-mo-se, or the Wasp, 1st chief, his x mark. [L. S.] Ke-nish-te-no, 2d chief, his x mark. [L. S.] Me-gee-see, or the Eagle, 2d chief, his x mark. [L. S.] Kay-kay-co-gwaw-nay-aw-she, headman, his x mark. [L. S.] O-che-chog, headman, his x mark. [L. S.] Nay-she-kay-gwaw-nay-be, headman, his x mark. [L. S.] O-scaw-bay-wis, or the Waiter, 1st chief, his x mark. [L. S.] Que-we-zance, or the White Fish, 2d chief, his x mark. [L. S.] Ne-gig, or the Otter, 2d chief, his x mark. [L. S.] Nay-waw-che-ge-ghick-may-be, headman, his x mark. [L. S.] Quay-quay-ke-cah, headman, his x mark. [L. S.] Bois Forte Band: Kay-baish-caw-daw-way, or Clear Round the Prairie, 1st chief, his x mark. [L. S.] Way-zaw-we-ge-zhick-way-sking, headman, his x mark. [L. S.] O-saw-we-pe-nay-she, headman, his x mark. [L. S.] The Mississippi Bands: Que-we-san-se, or Hole in the Day, head chief, his x mark. [L. S.] Caw-nawn-daw-waw-win-zo, or the Berry Hunter, 1st chief, his x mark. [L. S.] Waw-bow-jieg, or the White Fisher, 2d chief, his x mark. [L. S.] Ot-taw-waw, 2d chief, his x mark. [L. S.] Que-we-zhan-cis, or the Bad Boy, 2d chief, his x mark. [L. S.] Bye-a-jick, or the Lone Man, 2d chief, his x mark. [L. S.] I-yaw-shaw-way-ge-zhick, or the Crossing Sky, 2d chief, his x mark. [L. S.] Maw-caw-day, or the Bearâs Heart, 2d chief, his x mark. [L. S.] Ke-way-de-no-go-nay-be, or the Northern Feather, 2d chief, his x mark. [L. S.] Me-squaw-dace, headman, his x mark. [L. S.] Naw-gaw-ne-gaw-bo, headman, his x mark. [L. S.] Wawm-be-de-yea, headman, his x mark. [L. S.] Waish-key, headman, his x mark. [L. S.] Caw-way-caw-me-ge-skung, headman, his x mark. [L. S.] My-yaw-ge-way-we-dunk, or the One who carries the Voice, 2d chief, his x mark. [L. S.]
John F. Godfroy, Interpreters. Geo. Johnston, Interpreters. S. A. Marvin, Interpreters. Louis Codot, Interpreters. Paul H. Beaulieu, Interpreters. Henry Blatchford, Interpreters. Peter Floy, Interpreters.
Executed in the presence of÷ Henry M. Rice, J. W. Lynde, G. D. Williams, B. H. Connor, E. W. Muldough, Richard Godfroy, D. S. Cash, H. H. McCullough, E. Smith Lee, Wm. E. Vantassel, L. H. Wheeler.
All Ojibwe Treaties
Ojibwe - United States Treaty Summaries
1785 Treaty of Greenville
Signed in Ohio, this is the first treaty agreement entered into with the United States by the Chippewa. This treaty established boundaries between the United States and several Indian nations.
1819 Treaty of the Saginaw
This treaty was significant to the 836 Treaty with the Ottawa and Chippewa, in that it is used to established a portion of the southern boundary of the 1836 Treaty area.
1821 Treaty of Chicago
Significant to the 1836 Treaty with the Ottawa and Chippewa, this treaty, in conjunction with the 1819 Treaty of the Saginaw, is used to established the southern boundary of the ceded territory in the 1836 Treaty with the Ottawa and Chippewa.
1825 Treaty of Prairie Chien
Representatives of various tribes were called together to delineate their land holdings for the U.S. Government. The United States was encouraging them to stop inter-tribal warring at the time and felt delineation of boundaries would help. This treaty established a portion of the boundaries used in subsequent treaties. However, due to the disbursement of the Chippewa nation, the Chippewa leaders present at Prairie Chien requested that United States government hold a council at some part of Lake Superior to discuss and explain the 1825 Treaty of Prairie Chien to the Chippewa nation.
1826 Treaty with the Chippewa
Signed at Fond Lac, this treaty is the result of the stipulation of the Chippewa leaders at the l 825 Treaty of Prairie Chien, calling for a council of the United States government and the Chippewa nation to explain the 1825 Treaty. In the 1826 Treaty, the Chippewa do agree with the stipulations set forth and the boundaries of the Chippewa nation as established in the 1825 Treaty of Prairie Chien. Also ceded "the right to search for and carry away any metals or minerals."
1827 Treaty with the Chippewa
This treaty, signed at Butte des Morts on the Fox River in the Territory of Michigan, established the border between the Menominee and the Chippewa. This Treaty was referred to in the 1837 and 1842 Treaties setting portions of the boundaries ceded in the later treaties.
1836 Treaty with the Ottawa and Chippewa
Signed in Washington D.C., this treaty ceded large portions of what is now Northern Michigan and the eastern portion of Michigan's Upper Peninsula to the United States. The Tribes, however, stipulated "for the right of hunting on the lands ceded, with other usual privileges of occupancy, until the land is required for settlement."
1837 Treaty with the Chippewa
Signed at St. Peters, this was the first of several cession treaties which sold large tracts of land in north central and eastern Minnesota. However, the Chippewa retained "the privilege of hunting, fishing, and gathering the wild rice, upon the lands, the rivers and the lakes included in the territory ceded, is guaranteed to the Indians, during the pleasure of the President of the United States."
1837 Michigan gains statehood
1842 Treaty with the Chippewa
Signed at LaPointe, this treaty ceded further lands in Northern Wisconsin and in the western part of Michigan's Upper Peninsula. With terms comparable to those in the 1837 Treaty, the tribes received payments to traders and half-bloods as well as a 25 year annuity schedule, to be divided between the Mississippi and Lake Superior Chippewa. The Chippewa "stipulate for the right of hunting on the ceded territory, with the other usual privileges of occupancy, until required to remove by the President of the United States..."
1847 Treaty with the Chippewa of the Mississippi and Lake Superior Bands
Signed at Fond Lac, this treaty ceded land intended for a Winnebago reservation that was never established.
1847 Treaty with the Pillager Band
Signed at Leech Lake, this treaty ceded land intended for a Menominee reservation that was never established.
1848 Wisconsin gains statehood
1850 Presidential Removal Order
In February of 1850, President Zachary Taylor ordered the Chippewa living in ceded lands to prepare for removal, disregarding a request from Chippewa leaders who had come to Washington D.C. in 1849 to grant them lands surrounding seven of their villages, plus their sugar orchards and rice beds. The tribes insisted they had never intended to leave and had signed the 1842 Treaty only to accommodate copper mining pursuits.
1851 Presidential removal order suspended
1854 Treaty with the Chippewa
Signed at LaPointe, this treaty formally abandoned the removal policy by establishing permanent homelands (reservations) for the Chippewa in Wisconsin, Michigan, and Minnesota. Remaining Chippewa land in Minnesota was also ceded at this time.
1855 Treaty with the Chippewa
Signed at Washington D.C., the treaty ceded land in the Minnesota territory for monetary and other stipulations. Reservations were also set aside in Minnesota in this treaty.
1855 Treaty with the Ottawa and Chippewa
Signed in Detroit, this treaty reestablished the fishing and encampment rights established under the Treaty of 1820 for the Sault Ste. Marie Chippewas.
1858 Minnesota gains statehood
1863 Treaty with the Red Lake and Pembina Bands
Signed at Old Crossings of Red Lake River, this treaty ceded land but retained a large tract around Red Lake.
1863 Treaty with the Mississippi, Pillager, and Lake Winnibigoshish Bands
Consolidated and expanded three existing reservations into Leech Lake. Indians at Gull Lake and other 1855 reservations were to move to Leech Lake. The Mille Lacs and Sandy Lake bands could stay as long as they remained friendly.
1866 Treaty with the Chippewa-Bois Fort Band
Signed at Washington D.C., this treaty ceded lands to the U.S. and set aside lands for the Bois Fort band.
1867 Treaty with the Mississippi Band
Signed at Washington D.C., this treaty ceded part of the Leech Lake reservation and created the White Earth Reservation.
1889 Nelson Act
Allotment act for Minnesota, intended to negotiate complete relinquishment of all reservations except Red Lake and White Earth, which were to be allotted.
1902 Authorized payment to Mille Lacs Indians
Authorized payment to Mille Lacs Indians for improvements made to land, provided they would move to White Earth or any other reservation.
1924 Indian Citizenship Act
This act of the U.S. Congress granted citizenship to all Native Americans in the country. The Act passed partially because of the many Indian people who had served during World War I. There was no provision in the Act, however, that required Indian people to relinquish tribal membership or identity.
1934 Indian Reorganization Act
The policy of the United States Federal Government supporting tribal self-regulation was confirmed through this Act. It established, nationally, a policy of tribal self-government through a tribal governing body, the tribal council, and the ability of those elected governments to manage the affairs of their respective tribes.
1942 Tulee vs. the State of Washington
The U.S. Supreme Court decided that because a treaty takes precedence over state law, Indians with tribal treaty rights can't be required to buy state licenses to exercise their treaty fishing rights. This was also the first case to rule that state regulation of treaty fisheries can only be for purposes of conservation.
1969 U.S. vs. Oregon (Belloni Decision)
Federal Judge Belloni held that the state is limited in its power to regulate treaty Indian fisheries. The decision indicated the state may only regulate when "reasonable and necessary for conservation," and state conservation regulations must not discriminate against the Indians and must be the least restrictive means.
1971 People of the State of Michigan v. William Jondreau (Jondreau Decision)
Reversed People v. Chosa (1930), 252 Michigan 154, 233 N.W. 205. The Jondreau Decision reaffirmed the right of the Keweenaw Bay Indian Community members to fish in the Keweenaw Bay waters of Lake Superior without regard to Michigan fishing regulations.
1972 Gurnoe vs. Wisconsin (Gurnoe Decision)
The Wisconsin Supreme Court decided in favor of the Bad River and Red Cliff tribes that, based on the 1854 Treaty, fishing in the off reservation waters of Lake Superior was a protected treaty right and that any regulations that the state seeks to enforce against the Chippewa are reasonable and necessary to prevent a substantial depletion of the fish supply. The state and tribes have successfully negotiated agreements for the treaty commercial fishing activity since the time of the decision.
1974 U.S. vs. Washington (Boldt Decision)
This decision from the U.S. District Court upheld the right of tribes in the Northwest to fish and to manage fisheries under early treaties; determines they are entitled to an opportunity to equally share in the harvest of fish in their traditional fishing areas, and finds the State regulations which go beyond conserving the fishery to affect the time, place, manner and volume of the off-reservation treaty fishery are illegal. This decision was upheld by the U.S. Circuit Court of Appeals and the U.S. Supreme Court declined to review District Court rulings.
1975 Indian Self-Determination Act
This Act by the U.S. Congress provided that tribal governments could contract for and administrate federal funds for services previously provided through the bureaucracy. It allowed more individual tribal self-determination in both identifying needs and administrating on-reservation programs. It served to bolster and make more meaningful the policy of tribal self-determination.
1981 United State vs. Michigan (Fox Decision)
The U.S. Federal District Court, Western District of Michigan, affirmed the rights of Bay Mills, Sault Ste. Marie and Grand Traverse Bands of Michigan Chippewa to fish in ceded areas of the Great Lakes in the boundaries of Michigan based on the 1836 Treaty. Judge Fox ruled the rights retained were not abrogated by subsequent treaties or congressional acts. Subsequent proceeding also upheld the tribes' rights to regulate their members.
1983 Lac Courte Oreilles vs. Wisconsin (Voigt Decision)
On January 25, 1983 the U.S. Court of Appeals for the 7th Circuit agreed with the Lake Superior Chippewa that hunting,fishing and gathering rights were reserved and protected in a series of treaties between the Chippewa and the United States government. Later, the United States Supreme Court refused to hear the appeal of the Voigt Decision by the State of Wisconsin, affirming the ruling of the 7th Circuit. The three judge panel of the 7th Circuit did return the case to District Court to "determine the scope of state regulation" and the scope of the rights. LCO vs. WI (LCO I), 700 F. 2d 341 (7th Cir. 1983).
1987 Doyle Decision
In February, 1987 Judge James Doyle ruled on Phase I of the Voigt litigation regarding the scope of the rights. Doyle found that the Chippewa tribes could: 1) use traditional methods and sell the harvest employing modern methods of sale and distribution; 2) exercise the rights on private lands if proven necessary to provide a modest living and; 3) harvest a quantity sufficient to ensure a modest living. Doyle also concluded that the state may impose restrictions which are proven necessary to conserve a particular resource.
LCO vs. WI (LCO III), 653 F.Supp. 1420 (W.D. Wis. 1987).
1987 Crabb Decision
On August 21, 1987 Judge Crabb issued an order establishing the legal standards "for the permissible bounds of state regulation" of Chippewa off-reservation usufructuary activities. In the order, Crabb decided that "effective tribal self-regulation...precludes concurrent state regulation." Judge Crabb further ruled that the state may regulate "where the regulations are reasonable and necessary to prevent or ameliorate a substantial risk to the public health and safety, and does not discriminate against the Indians." LCO vs. WI (LCO IV), 668 F.Supp.1233 (W.D. Wis. l987).
1988 Crabb Decision
Judge Crabb determined that the Chippewa's "Modest living needs cannot be met from the present available harvest even if they were physically capable of harvesting, processing, and gathering it." Thus, 100% of the resources in the ceded area were considered available for treaty harvest within limits that require resource conservation. LCO vs. WI (LCO V), 686 F.Supp. 266 (W.D. Wis. 1988).
1989 Crabb Decision
On March 3, 1989 Judge Crabb issued a decision relating to walleye and muskellunge which incorporated parts of both the state and tribal plan. The decision required the "Total Allowable Catch" to be replaced by a far more conservative harvest level termed the "Safe Harvest." Previously, walleye were allocated on a lake by lake basis with 7% of the adult population set aside for tribal quotas, 28% for sport harvest, and the remaining 65% for maintenance of fish stocks. However, the new Safe Harvest Level instituted a new safety factor to be added to the 65% for maintenance of fish stocks, thereby reducing the combined harvest for tribal and sport users alike.
The Safe Harvest Level, calculated using statistical techniques considering age/reliability of population data, significantly reduces the harvest level for many lakes. For instance the total safe harvest in some lakes may be only 8% of the population, versus 35% in previous years. Using that Safe Harvest Level figure, the tribes may allocate up to 100% for tribal harvest quota. However, walleye quotas have never been set above 60%. LCO vs. WI (LCO VI),707 F.Supp. 1034 (W.D. Wis. 1989).
1990 Crabb Decision
On May 9, 1990 Judge Barbara Crabb issued a decision on deer hunting and trapping of small game and fur bearers. Judge Crabb ruled that the tribes may hunt deer the day after Labor Day until December 31, but that they may not hunt at night by use of a flashlight. She also ruled that the tribes may hunt on publicly- owned lands and on privately-owned lands that are enrolled in Wisconsin's Forest Crop Land and Managed Forest Land Tax Programs. At this time, tribes may not hunt on other privately- owned lands even if the owner consents. Similarly, the tribes may not place traps on the beds of flowages and streams which are privately-owned.
As to the apportionment and allocation of deer and other species, Judge Crabb ordered that "all of the harvestable natural resources in the ceded territory are declared to be apportioned equally between the [tribes] and non-Indians." It is unclear if the ruling applies to species other than deer, small game and furbearers. It is equally unclear to what extent, if any, previous rules on allocation of walleye and muskellunge are overturned or otherwise affected. LCO vs. WI (LCO VII), 740F.Supp. 1400 (W.D. Wis. 1 990).
1991 Crabb Decision
On February 21,1991 Judge Barbara Crabb issued her long- awaited timber decision. She ruled that the Chippewa tribes did not reserve a treaty right to harvest timber commercially. However, the tribes do have a treaty right to gather miscellaneous forest products, such as maple sap, birch bark, and fire wood; subject to non-discriminatory state and county regulations. The timber decision is the final step at the District Court level. LCO vs. Wl (LCO IX),758 F.Supp.1262 (W.D.Wis. 1991).
1991 Migratory Bird Decision (Feathergate Decision)
On April 11, 1991 Federal Judge Paul Magnuson, MN U.S. District Court, 3rd Division ruled in favor of two Chippewa tribal members facing criminal charges for violating the Federal Migratory Bird Treaty Act. The defendants were involved in the sale of items decorated with migratory bird feathers, an activity reserved in the 1854 Treaty.
Magnuson ruled that "the migratory birds of Northern Minnesota and Wisconsin are not faced with extinction" due to the activities of the defendants. He also ruled that some "regulation and restriction might be permitted under Puyallup, but this prosecution is not."
1991 Decision not to Appeal
Both the six Chippewa Bands in Wisconsin and the State of Wisconsin were allowed the opportunity to appeal rulings in the Federal District Court concerning phases of Voigt. However, the deadline for filing appeals in May 1991 passed with neither party appealing any issue. On May 20, 1991 the Chippewa and State of Wisconsin announced their decision with the following messages:
1994 Mille Lacs Decision
The Mille Lacs decision recognized the 1837 treaty rights of the Mille Lacs Band of Minnesota. The decision was filed on August 24, in U.S. District Court in Minnesota. While this decision recognized the rights, issues relating to scope and regulation remain to be litigated
1996 Fond Lac Decision
On March 18, a federal court decision recognized the 1837 and 1854 treaty rights of the Fond Lac Band of Lake Superior Chippewa. Similar to the Mille Lacs Band, issues relating to regulation and scope will be litigated in Phase II of the case. The 1837 rights will be litigated in combination with the Mille Lacs 1837 Treaty case. Issues relating to the 1854 rights will be litigated in a separate trial.
Treaty Rights?
Explanation of Treaty Rights
Treaties are recognized in the U.S. Constitution as being the "supreme law of the land"2. They are legally binding agreements and are respected within the framework of federal law. Federal courts have upheld the treaty rights of tribes in many significant court decisions across the nation. This is because the courts have required that treaties be interpreted "as the Indians would have understood them." 3 A concurring opinion by Justice William O. Douglas notes that: the classic rule [is] that treaties or agreements with Indians are to be construed in their favor, not in favor of commercial interests that repeatedly in our history have sought to exploit them.This position is supported in Worcester v. Georgia by Justice John McLean:
The language used in treaties with the Indians should never be construed to their prejudice. If words be made use of which are susceptible of a more extended meaning than their plain import, as connected with the tenor of the treaty, they should be considered as used only in the latter sense... How the words of the treaty were understood by this unlettered people, rather than their critical meaning, should form the rule of construction.
The Supreme Court, in 1906, explained that a treaty is not a grant of rights to Indigenous Americans, but a taking of rights from them. Therefore, if a treaty is silent on the subject of hunting and fishing rights, then these rights are not limited and still exist in full force (Pevar 1992). When exercising their hunting and fishing rights, indigenous nations are limited only by two federal rules:
1st, a tribe cannot take so much wildlife that it endangers continuation of the species in violation of state or federal conservation laws and
2nd, a tribe cannot take any wildlife that congress has expressly prohibited it from taking. Bald eagles are an example of this.
In legal words, Chippewa treaty rights are called usufructuary rights, which means the right to use property. More specifically , usufruct means, "The right to utilize and enjoy the profits and advantages of something belonging to another so long as the property is not damaged or altered in any way." For example, individuals or governments may sell land but retain the mineral rights. This means the new owner has surface rights to the property (can build a house, farm and so on), but the holder of the mineral rights has retained the right to drill or mine for minerals if they so choose. Similar cases occur in Oklahoma, for instance, when individuals sell their land but keep the right to come onto the land and frail (or gather) pecans.
The Anishinaabe in the upper Great Lakes Region believe they kept the right to hunt, fish and gather on lands they ceded to the U.S. Government in treaties signed in the mid 1800's. These rights kept by the Chippewa are referred to as usufructuary rights. Rights to obtain food and other necessities on ceded lands were never sold by the Chippewa, nor were they granted or given by the federal government. The Chippewa kept the right in order to be sure future generations would always have a source of food and survival. These are rights they have always held. Dr. Stephen P. Dresch provides a comprehensive analysis of indigenous usufrauctary rights.
Treaty rights are also tribal rights, not individual rights. They are held by the tribe, not individual members; therefore, the exercise of the off-reservation treaty rights is regulated through the band government, which establishes seasons, codes and a regulatory mechanism.
As part of a government-to-government agreement, the treaty rights carry constitutional force of law and cannot be infringed upon by act or actions of jurisdictions below the federal level. For many years the Anishinaabe have been unable to exercise their off-reservation rights due to state laws. At the time of the treaties, state governments were also being formed. As years passed, Minnesota, Michigan and Wisconsin governments passed laws regulating hunting, fishing and gathering activities without recognizing the reserved treaty rights of the Anishinaabe bands.
In the past several decades tribes have gone to court in order to reaffirm their treaty guaranteed rights and the ability to regulate the tribal, off-reservation harvest. Federal courts have upheld many of the rights of the tribes, not only in the Midwest, but in other parts of the nation as well.
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1.) This information was adapted in part from A Guide to Understanding Chippewa Treaty Rights - Minnesota Edition, Great Lakes Fish and Wildlife Commission, 1995 and American Indians, Time, and the Law, by Charles Wilkinson, Yale U Press, 1987
2.) U.S. Constitution, art. II sec. 2, cl.2. provides: " This Constitution, and the laws of the United states which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States,shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Consitution or the Laws of any State to the Contrary notwithstanding."
3.) Justice Thurgood Marshall in the majority opinion of 1970 Supreme Court Decision Choctaw Nation v. Oklahoma.
Courtesy of GLIFWC
Mille Lacs Treaty Rights
Excerpts from Great Lakes Indian Fish and Wildlife Commission. 1995. A Guide to Understanding Chippewa Treaty Rights: Minnesota Edition. July. Odanah, WI.
Treaty Rights in Minnesota
And such of them as reside in the territory hereby ceded, shall have the right to hunt and fish therein, until otherwise ordered by the President. -- Article 11, 1854 Treaty
In order to retain treaty rights, a Band has to be a signatory to one of the cession treaties. In Minnesota off-reservation hunting, fishing and gathering rights are held by the Fond du Lac, Grand Portage, and Bois Forte Bands of Chippewa under the 1837 and 1854 Treaties and by the Mille Lacs Band of Chippewa under the 1837 Treaty, which is in litigation. The current status of off-reservation rights and degree of implementation varies considerably from band to band; therefore, they are considered separately in sections below.
The Non-Removable Mille Lacs Band
... no tribe in the United States has suffered to a greater extent by reason of unfulfilled promises and agreements of the part of the United States Government than the Mille Lacs band of Chippewa of Minnesota. --S.M. Brosius, Washington Agent, Indian Rights Association, October 1901
From its traditional home on the shores of Lake Mille Lacs, the Mille Lacs Band of Chippewa Indians has maintained a long--and often tragic-- history of interaction with other nations: Winnebago, Sioux, French, British, and American. The band's environment is unique. Lake Mille Lacs (named by French Voyageurs who thought it looked as big as a "thousand lakes") is considered to be the best walleye habitat in the world. Until a century ago, its adjacent lands were covered with four-foot-diameter pine trees making a mantle so thick that a person could literally walk for miles on a sunny day and never see the sun.
In 1825, the Mille Lacs Band participated in a treaty that defined the boundaries of the Great Chippewa Nation and the Great Sioux Nation. In that treaty the United States recognized that the Chippewa owned vast acres in what is now Minnesota, Wisconsin and Michigan. The Chippewa land holdings were reduced significantly in 1837 when the United States purchased some 12 million acres in what would later become the states of Minnesota and Wisconsin. The lands ceded by the Chippewa included much of Mille Lacs Lake and the traditional hunting grounds and wild rice lakes of the Mille Lacs Band, lands that had been acquired by the Band through centuries of conflict with the Sioux. Countless Chippewa and Sioux members gave their lives in defense of these lands.
The United States desired these lands because of their valuable stands of pine, not for non-Indian settlement. It made no request or provision in 1837 for the Band to abandon the homeland for which it paid so dearly. Instead, the government agreed that the Chippewa could continue to "hunt, fish, and gather" on these lands (the "ceded territories") indefinitely.
The next fifteen years brought more treaties with the United States, which ceded additional Chippewa lands but continued explicitly to reserve hunting, fishing and gathering rights. During this period, pressures by non- Indians led to demands for the removal of the Chippewa from their ceded lands. A disastrous effort at removal was orchestrated in 1850; Chippewa residing on the south shore of Lake Superior were lured to the Minnesota Territory, left waiting at Sandy Lake as bitter winter weather approached, and then supplied with wholly inadequate and largely spoiled rations. Hundreds died and the removal effort was abandoned in the face of widespread protests from Indians and non-Indians alike.
In the 1850's new treaties were made. More Chippewa lands were ceded and hunting, fishing and gathering rights were again reserved. In those treaties, however, small reservations were established where the Indian people would supposedly be free from non-Indian intrusions and be able to resist pressures for removal to distant lands. The Mille Lacs Reservation, as outlined by the 1855 Treaty of "Peace and Friendship," comprised 61,000 acres of bordering lakeshore, and a portion of, Mille Lacs Lake. Located within the territories ceded in 1837, the Reservation was intended to secure the Band's occupancy of its traditional lands in perpetuity.
But the pine stands on the Reservation were too valuable for the early "lumberbarons" to resist, and the pressures to oust the Band continued. In the 1860's many Chippewa bands were persuaded to "remove" to new reservations further north, most notably White Earth. The Mille Lacs, however, adamantly refused, and became known as the "non-removable" Mille Lacs Band. Because of their assistance during the 1862 Sioux Uprising, the government allowed them to remain on that Reservation. This episode is described in an account from the U.S. Government archives:
Those conversant with the history of the northwest will recall the great Sioux outbreak of 1862, in which most of the Indians of Minnesota and the Dakotas joined, or made demonstrations of unrest, and among the latter were the Chippewas of Minnesota. The Mille Lacs band of Chippewas, however, would not join their brethren in these hostile demonstrations, nor did they take any part in the pillaging of the white settlers surrounding their reservation, as was done by the Pillagers and other bands of the Indians. During this trying period the Mille Lacs band sent runners to notify isolated settlers and their families of the threatened danger, and conducted them to places of safety. Nor did their loyalty to the white men stop there. They sent messengers to the hostile camps of Indians engaged in committing the outrages, and notified them that if any of the settlers who had fallen into their hands were injured the (the Mille Lacs) would join with the whites in the effort to protect life and property. This action on the part of the Mille Lacs discouraged the Chippewas engaged in the outbreak, and the latter soon dispersed and returned to their separate reservations.
In recognition of those valuable services--and the fact that the Mille Lacs Band refused to relinquish its Reservation--the government agreed that [Article XII, Treaty of March 11, 1863]:
[O]wing to the heretofore good conduct of the Mille Lacs Indians, they shall not be compelled to remove so long as they shall not in any way interfere with or in any manner molest the persons or property of the whites.
The lumbermen did not give up. From 1863 to 1884--until congress intervened temporarily--they used every trick to lay claim to lands on the Reservation. In 1889 Congress passed the Nelson Act which again brought government pressure on the Band to forfeit its land. The Act cleared the way for powerful timbering interests to log off the mighty pine trees virtually for free. By the early 1900's the Mille Lacs Chippewa-- who remained steadfast in their refusal to abandon their Reservation--had been reduced to a condition of grinding poverty. Timber companies and non- Indian settlers claimed title to virtually every acre (save about 200) on the Reservation, and Band members were literally burned out of their meager dwellings and possessions.
Beginning in the 1910's, Congress began appropriating funds to acquire lands for the Mille Lacs Band. From a slow and fitful start, the /7/ process of rebuilding the Band's landholdings--both on and off its Reservation-- continues today. Moreover, in 1934, the Indian Re-Organization Act was passed to promote Indian self-government and end the shameful erosion of the Indian land base nationwide. At Mille Lacs, elected tribal governments began the process of the Band's political reconstruction which, after nearly sixty years, has led to the establishment of a vibrant three-branch (legislative, executive, and judicial) system of government and the re- acquisition of two thousand acres of Reservation land.
As the Band's government strengthened it addressed problems relating to economic development, education, conservation and social problems. However, the Band remained very poor, at times with unemployment as high as 70%.
Economic development initiatives included a construction company, a school which provided employment, an electronic assembly plant, and a community center.
The 1991 opening of the Mille Lacs Grand Casino on the Reservation signaled an economic upturn for the Band, providing almost full employment as well as an independent source of income for the Band. A second casino opened in the spring of 1992 in Hinckley, Minnesota, further bolstering the tribal economy. Revenue from the casinos is being used to build new reservation's schools, improve education, health facilities and other programs necessary to provide a better quality of life for Band members. The casinos now employ over 2,000 people (two-thirds of whom are non-Band members) and have conferred substantial benefits on the entire regional economy.
While the Mille Lacs Band welcomes an improved standard of living following years of poverty and struggle, the reaffirmation of its treaty rights remains a high priority for the Band. These rights are separate from economics and are part of a strong, traditional, spiritual value system which will not be relinquished by the Band at any cost.
Treaty rights are part of a cherished heritage which the Band has steadfastly protected for over 150 years.
The Treaty Rights of the Mille Lacs Band of Chippewa
The Mille Lacs Band is currently litigating Phase II of their 1837 Treaty case in federal court.
The Mille Lacs' treaty right to hunt, fish and gather on ceded lands was upheld by U.S. District Court Chief Judge Diana Murphy in her August 1994 decision. Significantly, Judge Murphy denied any immediate appeal of her decision until the completion of Phase II, which addresses issues of regulation and the scope of the right.
Before the Band filed suit in 1990, it approached the State to seek a negotiated solution but the State refused to talk until the Band filed suit.
Parties in the case include: The Mille Lacs Band and the U.S. Department of Justice vs. the State of Minnesota, nine counties, and the landowners. Six Wisconsin Chippewa bands were also granted intervention on March 22, 1995. Although that decisions was challenged by defendant- intervenors, /8/ including nine counties and individual landowners, another ruling from U.S. District Court, Minnesota District, Third Division, affirmed the intervention of the Wisconsin Chippewa bands.
Phase II of the litigation will determine the extent of the right and the degree of state regulation, if any. Trial is scheduled to begin on September 16, 1996.
Considerations in Phase II trial will involve how much of each species can be harvested; what methods can be used; which species can be harvested; and where treaty rights can be exercised.
While litigation is ongoing, the Mille Lacs Band plans to provide a limited exercise of rights for its members. Any exercise will be regulated by the Band with both conservation and public safety measures in mind.
Basically, the Band seeks to maintain its own hunting, fishing and gathering codes and exercise self-regulation throughout the 1837 ceded territory, subject to reasonable provisions for resource conservation and public safety. (The Band does not claim rights on private lands not otherwise open to public hunting and fishing, unless the landowner consents.) The ceded territory, according to State estimates, includes 3,061,501 acres located in 11 counties.
The Mille Lac Band spent over two years working on a proposed out-of- court settlement between the Band and the State. The agreement was approved by the Band in a referendum vote, by the MN Department of Natural Resources, and the Governor's Office.However, it was rejected by the state legislature in May 1993, an action which sent the parties back to the court room. /9/
Courtesy of GLIFWC
Wisconsin Treaty Rights
Excerpts from Great Lakes Indian Fish and Wildlife Commission. 1995. A Guide to Understanding Chippewa Treaty Rights: Minnesota Edition. July. Odanah, WI.
The Voigt Decision
... It is perfectly clear, however, that the Indians were vitally interested in protecting their right to take fish at usual and accustomed places, whether on or off the reservations, and that they were invited by the white negotiators to rely and if fact did rely heavily on the good faith of the United States to protect that right. --U.S. Supreme Court Opinion, December 5, 1979
In 1991 six Chippewa Tribes in Wisconsin and the State of Wisconsin decided not to appeal the many federal court rulings in the Voigt case. This concluded an era of litigation which spanned 16 years and hopefully established a positive, cooperative tone for constructive state-tribal relationships in the future.
The Voigt Decision is one of the most recent of many federal court decisions reaffirming treaty rights, specifically the hunting, fishing and gathering rights of the Chippewa on ceded lands covering approximately one-third of northern Wisconsin. This 1983 Court of Appeals decision upholding Chippewa treaty rights triggered considerable controversy, protest and misunderstanding in northern Wisconsin.
The Voigt case in Wisconsin began in 1973 when the Lac Courte Oreilles Band of Chippewa filed suit against the State of Wisconsin. The Tribe claimed state laws interfered with tribal hunting, fishing and gathering activities guaranteed in the Treaties of 1837 and 1842.
In 1978, the Federal District Court granted summary judgment in favor of the State of Wisconsin and dismissed the action. It held that all rights under the treaties had been revoked by the Treaty of 1854.
In 1983, the Seventh Circuit Court of Appeals reversed the District Court ruling, holding that the rights reserved by the Treaties of 1837 and 1842 had not been revoked or terminated and continue to exist. The appellate court returned the case to the District Court for further proceedings to determine the scope of the treaty rights, the extent to which the State may regulate the exercise of those rights and what damages, if any, the tribes may recover as a result of the State's infringement of the treaty rights. The State of Wisconsin petitioned the United States Supreme Court to review the Seventh Circuit Court's decision. However, the petition was denied.
After the decision of the Seventh Circuit Court of Appeals, the five other Chippewa Bands located in Wisconsin joined in the lawsuit (Bad River, Lac du Flambeau, Mole Lake, Red Cliff, and St. Croix) and the six plaintiff tribes proceeded with the case in the District Court to determine the nature and scope of the rights and issues relating to regulation.
On August 21, 1987, Federal Judge Barbara Crabb reaffirmed the standard principles enunciated in other treaty rights cases from throughout the country. She held that the State may regulate in the interests of conservation provided that such regulations are reasonable and necessary for the conservation of a species or resource, that they do not discriminate against Indians, and that they are the least restrictive alternative available.
Judge Crabb also ruled that the State may impose such regulations as are reasonable and /15/ necessary to protect public health and safety, a ruling not based on preceding decisions. However, she held that the tribes possess the authority to regulate their members and that effective tribal self-regulation precludes state regulation.
On May 9, 1990, Judge Crabb issued another decision resulting from the deer subphase and from various other issues presented for her resolution. Consistent with her decision on walleye/muskellunge harvests, Judge Crabb enjoined the enforcement of state law provided that the tribes enact a system of regulations consistent with her decision. The tribes have done so.
The most significant aspect of the May 9, 1990, deer decision is Judge Crabb's ruling that the tribal allocation of treaty resources is a maximum of 50% of the resource available for harvest.
Treaty Harvest in Wisconsin
The Chippewa view hunting, fishing and gathering as traditional subsistence activities which provide food as well as materials for clothing, religious use, or barter. This differs from the contemporary "sport ethic" of most non-Indians today. The Indian, while abiding by restrictions designed to protect the resource, will harvest as efficiently as possible in order to get necessities for the family; whereas the non- Indian generally views the activities as sport or recreation.
The Chippewa have a small number of fishermen in comparison to numbers of state-licensed sport anglers. This allows the Chippewa to more easily maintain a tightly regulated season when harvesting efficiently. This is also true of hunting, trapping and other seasons.
The Chippewa harvest many different species of fish, plants and wildlife during off-reservation seasons. Some of these include: deer, furbearers, small game, waterfowl, and wild rice. In Wisconsin the off-reservation fishery includes a spring spearing season, hook and line season, and netting as well as a commercial fishery in the Great Lakes.
All off-reservation seasons are monitored by biological staff and by tribal conservation wardens. Tribal off-reservation harvest is governed by ordinances which set dates of the seasons, allowable gear, bag limits and other restrictions important for conservation of the resource, public safety, and fulfillment of tribal needs.
In the case of spring spearing, each fish is counted and most are measured at landings on a nightly basis. /16/
Daily permits are issued in order to insure the Chippewa do not exceed lake quotas.
In Wisconsin lake quotas are based on the safe level of harvest for each lake. Tribal quotas have generally been set well below the safe harvest level; thus, angling harvest has continued. Tribes declare their quotas for spearing by March 15 each year. Those declarations are based on estimates of tribal need.
It is important to remember that in relation to the state-licensed harvests in all three states, the Chippewa off-reservation harvests for popular sport species are small.
The Role of GLIFWC
Tribes fully recognize that the natural resources today are subjected to many stresses and that, in order tomaintain a healthy natural resource base, all tribal seasons must be regulated and the resources conserved and enhanced.
The Great Lakes Indian Fish and Wildlife Commission (GLIFWC) provides biological and enforcement expertise as well as resource development, planning, public education and legislative analysis. In order to effectively manage off-reservation resources and tribal seasons, a number of Chippewa Bands formed an intertribal resource management agency known as GLIFWC.
The Fond du Lac Band has been a member of GLIFWC since its inception in 1984. The Mille Lacs Band joined in 1985.
Originally, in Wisconsin, the task of implementing off-reservation rights was given to the Voigt Intertribal Task Force (VITTF). The Task Force formed in 1983 immediately after the Voigt Decision and consists of representatives from each affected tribe, including Mille Lacs.
The Task Force decided to merge with the Great Lakes Indian Fisheries Commission (composed of six treaty commercial fishing tribes) in order to share the biological, enforcement, and other expertise needed for implementation of the inland treaty rights in Wisconsin.
Currently, the VITTF is one of three standing comittees for GLIFWC. The Task Force is the principle liaison between member tribes and the Commission. It makes recommendations as to off-reservation harvest regulations, litigation, biological programs as well as enforcement in relation to off-reservation treaty seasons.
The Commission serves eleven member Chippewa Bands in a three-state area, including Michigan, Minnesota and Wisconsin. Formed in 1984, following the Voigt Decision, the Commission assists tribes in implementing regulated and monitored fishing, hunting, and gathering seasons in the ceded territory.
In addition to the Voigt Intertribal Task Force, the 1854 Committee, the Lakes Committee, and the Executive Committee make recommendations /17/ to the Commission in regard to Minnesota and Lake Superior treaty rights.
The Commission serves the tribes through its five divisions, which address different aspects of implementing off-reservation rights for the Chippewa. The divisions are as follows:
Biological Services
The Biological Services Division is divided into four sections that handle the specific areas of natural resource management. The staff of these sections function as the primary source of management and research expertise for those particular resources that impact GLIFWC member tribes. In Minnesota, an inland fisheries biologist is stationed at the Mille Lacs reservation and a wildlife biologist and biological technician, stationed in the Duluth area, serve the 1854 treaty area. On-reservation work is restricted to cases which have a direct bearing on off- reservation management and occasional assistance to tribes on a non-extended basis.
Inland Fisheries: The inland fisheries section is concerned with the public waters within the territory ceded by the 1837 and 1842 treaties (except Lake Superior) and the fish and aquatic animals living there.
Wildlife: The wildlife section is concerned with the public lands and waters within the territory ceded by the 1837, 1842, and 1854 treaties and the wildlife and wild plants in these territories.
Great Lakes Fisheries: The Great Lakes fisheries section is concerned with all waters of the Great Lakes which are subject to treaty fishing by members of a Commission member tribe, and tributaries which sup
