Meryl Larson Abstract on “Statement of General Conclusions”
April 23, 2008
After the Treaty of 1837 commenced, there were still many lingering questions and uncertainties surrounding its designations with respect to the Mille Lacs band of Chippewa. Due to language and cultural barriers, federal and tribal interpretations were very different. On top of this, many stipulations of the treaty were not put to writing and as such, have caused many subsequent conflicts. Research into the historical implications of the treaties of 1837 and 1855 and the Removal Order of 1850 have helped to form some solid conclusions on the intent of these historical documents.
Attorneys of the Mille Lacs band came to a general conclusion that the Mille Lacs band was represented at both the Treaty of Prairie du Chien in 1825 and the 1837 Treaty and that the Mille Lacs band also had a vested interest in the ceded territory based on family relationships with members of the Snake River, Rum River, and St. Croix Chippewa. There is still a great deal of uncertainty in regard to the provisions in the 1837 treaty and how they were understood by the Mille Lacs chiefs. Fortunately there were certain conditions that the band understood without doubt of every treaty that they undertook with the Federal government and those were that (a) the treaty was an agreement solely between the tribes and the president of the United States and (b) that they would forever be allowed to remain on the ceded territory while retaining hunting and gathering rights.
These hunting and gathering rights were deemed to be “at the pleasure” of the president but applied to virtually all resources in the environment. The purpose of harvesting the aforementioned natural resources could be for means of subsistence or for commercial endeavors and could be completed by any means including traditional methods. Traditional harvesting seasons would also be observed it was stipulated that no regulatory agency be it state or federal cause dictate season, methods, or use of harvest when done so by tribal members. As was previously mentioned, the rights were given “at the pleasure” of the president, but the tribal chiefs took this to mean an indefinite guarantee of rights. If any change was to take place, proper negotiations would need to occur. The tribes placed great faith in the protection of their rights by the president. The exclusivity of the agreement between tribes and president caused many conflicts between tribal members and agents that were simply the messengers between tribes and federals but the Mille Lacs band always expected the President to the protect their treaty rights.
The 1850 Removal Order was unsuccessful, but had it gone through as planned, the Wisconsin Chippewa would have been expected to move to Minnesota. Presumably they would have found their new home with the Mille Lacs people. The Mille Lacs band was never notified of the Removal Order because they were not targeted for removal. Had this endeavor come to pass, the results could have been devastating. If the Mille Lacs tribe alone was confined to hunting and gathering only on reservation lands, they would not be able to provide the necessary food, clothing, and shelter for all tribal members. The Mille Lacs band have continued to hunt and gather off the reservation and still inhabit land within the ceded territory of the 1837 Treaty.
Date created: June, 2002
Last modified: {Update}
Copyright ©2003, 2004, 2005, 2006, 2007, 2008
George R. Spangler