1855 Seeded Territory – Dispute Brewing

  • mike_utley
    Zumbrota, MN
    Posts: 578
    #1267406

    I read in a weekly today and found this article on the internet this evening. Very important topic for everyone to speak about now instead of later when it is too late to matter.

    BEMIDJI – Leech Lake and White Earth Ojibwe bands want to co-manage all northern Minnesota resources with the state of Minnesota, asserting treaty rights allowing that.

    That goal became clear Monday in a letter from Leech Lake Tribal Chairman Archie LaRose to state Natural Resources Commissioner Mark Holsten to call off a hastily arranged meeting which would have been this morning in St. Paul.

    The meeting was set in reaction to a statement last week that tribal members planned to assert their treaty rights to hunt, fish and gather by illegally fishing on Lake Bemidji May 14, the day before the official walleye season opener.

    Tribal leaders, however, later urged that there be no protest, that tribal officials were working for a diplomatic solution. Both Gov. Tim Pawlenty and Holsten were unaware of the desire to exercise treaty rights, thus today’s meeting.

    “I regret that a tribal member attending our ongoing 1855 (treaty) meetings went to the press before you or Governor Pawlenty were provided this notice,” LaRose wrote Holsten. “Our legal director anticipated to get in front of the story but could only clarify potential objectives and outcomes of the 1855 meetings that had not yet been presented to the Leech Lake RBC (Reservation Business Committee).”

    The ongoing meetings have been held to discuss what the bands should do to exercise rights under an 1855 treaty that provides the right to hunt, fish and gather, and have been working in concert with the White Earth Band as both bands are in the 1855 territory.

    LaRose, Leech Lake District Rep. “Ribs” Whitebird and White Earth officials have been holding 1855 Ceded Territory Rights Committee meetings for months, a Leech Lake Tribal Council statement said Monday.

    The meetings are for “development of the options and strategies for Minnesota’s recognition of 1855 Ceded Territory hunting and fishing rights – just like those in the 1854 Ceded Territory and Tri-Band agreement with other MCT bands,” the statement said.

    The U.S. Supreme Court ruled in favor of the Mille Lacs Band of Ojibwe in that case, ordering co-management of Lake Mille Lacs, the state’s premier walleye fishery.

    “These are the People’s Rights,” LaRose said in the statement. “Too often many people are living in poverty and they could live healthier and earn a modest living with more resources available to them.

    “Members of my family hunt, trap, fish, gather wild rice and medicines and make maple sugar – these traditions are important parts of our culture,” LaRose said.

    “I know that tribal members are very interested in co-management of ceded territory resources and that an 1855 off-reservation fishing code has been drafted and nearly ready for presentation to Leech Lake and White Earth reservations to consider adopting,” LaRose wrote to Holsten.

    This week, all six bands of the Minnesota Chippewa Tribe will hold their quarterly meeting and LaRose said he wants to gain input. “My plan is to meet face-to-face with White Earth elected leaders to develop our joint approach for our meeting with you,” LaRose stated.

    He added that it would be “premature” to meet today on the issue.

    “As tribal chairman, we want to be good neighbors and continue to build on the positive relationships we already have with local governments: tribal, county and state,” LaRose stated.

    He included a copy of a research paper written by American Indian legal issues attorney Peter Erlinder, William Mitchell College of Law, on the exercise of off-reservation usufructuary treaty rights in all of northern Minnesota. He requested that the Pawlenty administration submitt a written response to the research.

    “In Minnesota, on-reservation tribal sovereignty has been recognized with respect to functions similar to state government civil functions, such as the regulation of gaming, auto registration, traffic regulations, sale of tobacco and other state-regulated commodities, on-reservation enforcement of tribal conservation regulations, and state court enforcement of tribal civil judgments,” Erlinder writes in the introduction to the report.

    “However, the recognition of off-reservation hunting, fishing and gathering usufrucuary rights have not kept pace with the development of on-reservation tribal civil regulatory sovereignty issues,” he wrote.

    Erlinder proffers that the most important way to recognize off-reservation rights “in all of northern Minnesota will be recovery of the political and economic sovereignty rightfully do the Anishinabe Nation in areas of Minnesota ceded to the United States in the 19th century, which the state of Minnesota has failed to honor during most of the 20th century.”

    The paper “accurately reflects the correct legal analysis supporting off-reservation rights to hunt, fish and gather for tribal members in the 1855 Ceded Territory,” the statement says.

    “The governor states his position in the news last week, so we need to see a response from DNR to Erlinder’s paper so we have the issues we need to resolve identified ahead of time, so we can talk about the problems,” Whitebird said.

    Tribal members have been seeking to exercise the treaty rights for years, the statement said.

    “It’s not about the money,” LaRose said. “It’s about recognizing our rights as tribal members so I have asked Commissioner Holsten to wait on meeting until we first meet with MCT tribal leaders and get a written response to Erlinder’s paper.”

    The 1855 Committee next meets May 6 at Mahnomen, Minn., and LaRose said he wants a Leech Lake public hearing on May 7’

    The Bemidji Pioneer and the Herald are Forum Communications Co. newspapers.

    Here is a map of the area – this is a very large area of land, so who know where this will start or worse yet where it might end.

    web page

    The link is a bit slanted if you read, my intention here is to share the map so that everyone realizes how big an area of Minnesota we are talking about – Lord only knows how many lakes are in this area.

    robstenger
    Northern Twin Cities, MN
    Posts: 11374
    #868081

    I care not to comment until my BP recedes.

    They currently have the right to Hunt, Gather, Fish and Collect Rice just like the rest of us equal Americans. They just need to buy a license and wait until May 15th to fish like everyone else. Why is one Race granted special privileges??? Is or maybe I should say was not America built on equality?? My great great Grandpa use to catch walleyes while spawning also in the creek behind his house many years back. He also use to be able to shoot deer year around to feed his family. We no longer can or want to because it is called evolution and progression. I can live without harvesting pre spawn or spawning walleyes to protect the vary resource and not rape the land.

    How come you or I can no longer do that, but they can because of their skin color???? HUH? Those treaties also talked about Native Americans adapting into our world and culture. Don’t you think around 150-175 years is long enough??? It’s time some politician puts their foot down and stop forcing us to pay for what happened long long ago.

    State Run Casinos oughta do the trick….. OR did they have those too 160 years ago????

    I’m sorry for my true feeling rant, I do not have many hot buttons but this one leads the pack.

    col._klink
    St Paul
    Posts: 2542
    #868085

    Quote:



    I’m sorry for my true feeling rant, I do not have many hot buttons but this one leads the pack.


    I agree with ya Lip total bunch of crap! If they want to talk about the treaty then it should be enforced to the full extent enough said. No love dovey b.s. from this guy

    suzuki
    Woodbury, Mn
    Posts: 18623
    #868149

    If this country doesnt get a “put your foot down” movement soon for all this entitlement crap I am afraid of the future. This thing has gone far enough. NO NO NO. You cannot have anything else!!!!! STOP IT!!!! Human nature is pretty predictable. If the majority keeps getting shafted long enough there’s going to be blood shed. That’s simple mathmatics.

    jak
    Posts: 76
    #868150

    There is an easy solution to this problem.
    Put state run casinos as close as possible to the indian casinos. Increase the returns and you would run them out of business in a month.
    Just the threat of competition would get them to rethink their positions.

    tomr
    cottage grove, mn
    Posts: 1275
    #868161

    Vikings need a stadium and the we need to reign this in. Seems like we put slots in Canterbury and have a credible threat to legalize more gambling we solve two problems at the same time.

    jeremy-liebig
    mpls
    Posts: 1455
    #868228

    It’s pretty simple…the Government signed a treaty allowing them rights to harvest lands that were once theirs. Should the Government go back on it’s word, and pardon the pun, but become “Indian givers” themselves? The Leech Lake Band may not be going about their particular business in this matter in best way, you surely can’t deny it has garnered a lot of attention. Which is probably exactly what they want. Whether their pre-season fishing event happens or not I think they are just looking to reinstate their rights just as other tribes in the state have done.

    suzuki
    Woodbury, Mn
    Posts: 18623
    #868230

    I’m for breaking the treaty once and for all. Over.

    ggoody
    Mpls MN
    Posts: 2603
    #868234

    Quote:


    It’s pretty simple…the Government signed a treaty allowing them rights to harvest lands that were once theirs. Should the Government go back on it’s word, and pardon the pun, but become “Indian givers” themselves? The Leech Lake Band may not be going about their particular business in this matter in best way, you surely can’t deny it has garnered a lot of attention. Which is probably exactly what they want. Whether their pre-season fishing event happens or not I think they are just looking to reinstate their rights just as other tribes in the state have done.


    And those rights were affirmed or up-held by the United States Supreme court Ruling!

    brad0383
    Farmington, MN
    Posts: 354
    #868235

    Quote:


    I’m for breaking the treaty once and for all. Over.


    As wrong as this issue is, that is how wars start.

    space
    WI, Forest County
    Posts: 1
    #868247

    In Northern Wisconsin we have dealt with this issue for 30years. I feel your pain!

    gary_wellman
    South Metro
    Posts: 6057
    #868364

    Quote:


    It’s pretty simple…the Government signed a treaty allowing them rights to harvest lands that were once theirs. Should the Government go back on it’s word, and pardon the pun, but become “Indian givers” themselves? The Leech Lake Band may not be going about their particular business in this matter in best way, you surely can’t deny it has garnered a lot of attention. Which is probably exactly what they want. Whether their pre-season fishing event happens or not I think they are just looking to reinstate their rights just as other tribes in the state have done.


    Yes, we can go back down that route. That would also eliminate the indians from being citizens as well from the United States of America. That would also include eliminating all funding to them. They can live on the reservation and fend for themselves, and hunt/fish/gather at their discression…….

    AND, they will have to hold to this……..Article 9:

    Quote:


    and that they will abstain from the use of intoxicating drinks and other vices to which they have been addicted.


    whittsend
    Posts: 2389
    #868371

    Based on the title of the post, this is how I see the issue…

    “Re: 1855 Seeded Territory – Dispute Brewing”

    I, for one, would never dispute brewing. Ben Franklin himself once said “Beer is living proof that God loves us and wants us to be happy”. Without brewing, we would never be able to enjoy a good glass of wine or Leinie’s summer Shandy, while, as Kid Rock so eloquently stated, “Catching walleye from the dock”.

    As far as seeded territory, I can only imagine that pertains to fields of barley, rye, wheat, and possibly even rice… Seeded territory is essential to brewing, which I have already stated that I fully support.

    So in regards to this topic, I think I’ll mull it over a while enjoying a few frosty pints this evening while looking forward to the WI opener which is just a few scant hours in my future…

    ….Or did I get THIS topic wrong as well??????

    Have a good weekend everyone, and a great (safe) opener, WI… Whittsend has left the building!!!!

    jeremy-liebig
    mpls
    Posts: 1455
    #868403

    It’s actually ceded territory.. not SEEDED!

    mplspug
    Palmetto, Florida
    Posts: 25026
    #868417

    Quote:


    Quote:


    It’s pretty simple…the Government signed a treaty allowing them rights to harvest lands that were once theirs. Should the Government go back on it’s word, and pardon the pun, but become “Indian givers” themselves? The Leech Lake Band may not be going about their particular business in this matter in best way, you surely can’t deny it has garnered a lot of attention. Which is probably exactly what they want. Whether their pre-season fishing event happens or not I think they are just looking to reinstate their rights just as other tribes in the state have done.


    And those rights were affirmed or up-held by the United States Supreme court Ruling!



    Treaties like hearts and boots were made for breaking. Wait, boots are made for walking.

    cougareye
    Hudson, WI
    Posts: 4145
    #868438

    That’s some good humor there whittsend!!

    Way to think outside the box.

    ……seeded territory………now that’s funny!

    thank god someone was around to explain that its actually spelled ceded….makes it even funnier!

    Paulski
    “Ever Wonder Why There Are No Democrats On Mount Rushmore ? "
    Posts: 1196
    #868447

    I am confused, I am NOT suppose to follow current federal law on immigration because it is unjust, BUT I am suppose to follow this treaty which is unjust also ….somebody help me with my confusion of how law is applied in this country ….

    mmm, I wonder how much money they want this time…

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