Fish in the lakes, wild rice, and game in abundance: testimony on behalf of Mille Lacs Ojibwe hunting and fishing rights / James M. McClurken, compiler ; with Charles E. Cleland ... [et al.]

On 13 August 1990 members of the Mille Lacs Band of Ojibwe filed a lawsuit against the State of Minnesota for interfering with the hunting, fishing, and gathering rights that had been guaranteed to them in an 1837 treaty with the United States. In order to interpret the treaty the courts had to consider historical circumstances, the intentions of the parties, and the treaty’s implementation. The Mille Lacs Band faced a mammoth challenge. How does one argue the Native side of the case when all historical documentation was written by non- Natives? The Mille Lacs selected six scholars to testify for them. Published here for the first time, Charles Cleland, James McClurken, Helen Tanner, John Nichols, Thomas Lund, and Bruce White discuss the circumstances under which the treaty was written, the personalities involved in the negotiations and the legal rhetoric of the times, as well as analyze related legal conflicts between Natives and non- Natives. Justice Sandra Day O’Connor delivered the 1999 Opinion of the [United States Supreme] Court. On 13 August 1990 Members Of The Mille Lacs Band Of Ojibwe Filed A Lawsuit Against The State Of Minnesota For Interfering With The Hunting, Fishing, And Gathering Rights That Had Been Guaranteed To Them In An 1837 Treaty With The United States. In Order To Interpret The Treaty The Courts Had To Consider Historical Circumstances, The Intentions Of The Parties, And The Treaty's Implementation. The Mille Lacs Band Faced A Mammoth Challenge. How Does One Argue The Native Side Of The Case When All Historical Documentation Was Written By Non-natives? The Mille Lacs Selected Six Scholars To Testify For Them. Published Here For The First Time, Charles Cleland, James Mcclurken, Helen Tanner, John Nichols, Thomas Lund, And Bruce White Discuss The Circumstances Under Which The Treaty Was Written, The Personalities Involved In The Negotiations, And The Legal Rhetoric Of The Times, As Well As Analyze Related Legal Conflicts Between Natives And Non-natives.--jacket. Section 1 Primary Testimony Presented On Behalf Of The Mille Lacs Band In Minnesota V. Mille Lacs Band Of Chippewa Indians (97-1337) -- Preliminary Report Of The Ethnohistorical Basis Of The Hunting, Fishing, And Gathering Rights Of The Mille Lacs Chippewa / Charles E. Cleland 1 -- An Overview Of Chippewa Use Of Natural Resources In Historical Perspective -- Western Chippewa In The Early Nineteenth Century -- 1837 Treaty Of St. Peters -- 1842 Treaty Of La Pointe -- Chippewa-american Relations 1825-1850: A Clash Of Cultures -- Treaty Of Fond Du Lac-1847 -- Attempts To Remove The Chippewa -- Mille Lacs Chippewa In The 1850s -- Reservation Policy And The Treaty Of La Pointe-1854 -- Treaty Of Washington -- Treaties Of 1863 And 1864 -- Off-reservation Hunting, Fishing, And Gathering In The Post-treaty Era -- Statement Of General Conclusions -- Regional Context Of The Removal Order Of 1850 / Bruce M. White 141 -- White Population Growth In The Minnesota Region -- Political Leadership In Minnesota Territory -- Pressure For Removal -- Implementing The Removal Order -- Tragedy At Sandy Lake -- Removal Efforts In 1851 -- Suspension Of The Removal -- Watrous Investigation -- Pleasure Of The President -- Remnants Of The Removal -- Beyond The Removal Policy -- Mille Lacs Treaty Rights At The End Of The Removal Period -- Why Call It The Removal Order Of 1850? -- Were The Mille Lacs Ojibwe Subject To The Removal Order Of 1850? -- How Many Ojibwe Were Actually Removed? -- 1837 Treaty Of St. Peters Preserving The Rights Of The Mille Lacs Ojibwa To Hunt, Fish, And Gather: The Effect Of Treaties And Agreements Since 1855 / James Mcclurken 329 -- Mille Lacs And The Treaty Of 1855 -- Treaties Of 1863 And 1864 -- Implementation Of The 1863 And 1864 Treaties -- Nelson Allotment Act, 1889 -- Congressional Acts And The Mille Lacs Reservation -- Section 3 Supporting Testimony -- Mille Lacs Band And The Treaty Of 1855 / Helen Tanner 463 -- 1837 And 1855 Chippewa Treaties In The Context Of Early American Wildlife Law / Thomas Lund 486 -- Translation Of Key Phrases In The Treaties Of 1837 And 1855 / John D. Nichols 514 -- Minnesota, Et Al., Petitioners V. Mille Lacs Band Of Chippewa Indians Et Al.; No. 97-1337 Opinion Of The Supreme Court / Sandra Day O'connor 525. Includes Bibliographical References And Index. In August 1990 members of the Mille Lacs Band of Ojibwe filed a lawsuit against the State of Minnesota for interfering with the hunting, fishing, and gathering rights that had been guaranteed to them in an 1837 treaty with the United States. This book records this history.