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Native Americans' Treaty Rights

By Dave Kettenhofen

Dave Kettenhofen, National Coordinator

As the ice melts in Northern Wisconsin the issue of the Chippewa Indian treaty rights is once again in the news. Since 1983 when the federal courts upheld the 19th century treaties in which the Chippewa retained hunting, fishing, and gathering rights on lands ceded to the U.S. in the northern third of Wisconsin, the Chippewa have been exercising their right to spearfish walleye. Each year they have been met by protests which have included racial taunts, rock throwing, and death threats.

The U.S. Constitution recognizes treaties, which are legally binding agreements made between two nations (the U.S. and the Chippewa Tribe in this case), as the "supreme law of the land." Article 5 of the Treaty between the U.S. and the Chippewa Nation of Indians made on July 29, 1837 states: "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." At that time the tribes were respected as sovereign governments and dealings took place under the guidelines of international law. Today the tribes, though no longer fully independent, maintain certain powers of sovereignty just as state governments do. The Chippewa retained their right to secure food and other necessities on ceded lands for future generations; they did not sell it nor was it granted by the federal government. Also, the 1924 Citizenship act, which granted U.S. citizenship to Indians in addition to their Indian nation citizenship, did not void these property rights. As evidenced by the fact that ht percentage of Indian troops serving in the Persian Gulf War was almost double the percentage of Indians in the general population, they have not shirked their duties as U.S. citizens.

Contrary to environmental concerns voiced by some of the anti-treaty protestors the Chippewa have been working hand in hand with natural resource agencies to ensure proper management of the off-reservation resources. They have harvest regulations, biological programs to restock waters, and wardens to monitor compliance to regulations. Of the 7431 Chippewa in Northern Wisconsin only 200 to 400 participate in the spearfishing season — they are not wantonly depleting the walleye population.

Treaty rights may also prove to be beneficial to all people int eh area when it comes to long term environmental concerns. Multinational corporations are targeting Northern Wisconsin for copper sulfide mines, cyanide leaching plants, and dumpsites for radioactive nuclear waste. The Chippewa are using the treaties to slow or block these projects that are destructive to the environment. The mining pollution would endanger fish, game, and wild rice, thereby violating their rights to obtain food and ultimately everyone's.

The anti-Indian, anti-treaty movement has been extremely vocal in Northern Wisconsin. The organizations involved have names that suggest concern with resource protection and human rights but their real aim is to dissolve the treaties and terminate the reservations. The many regional groups fall under a national umbrella organization called CERA (Citizens Equal Right Alliance). Each year they show up at the boat landings to protest the spearfishing. Chippewa fishermen have been hit with rocks and their boats swamped. Some of the written and verbal taunts include: "Timber nigger"; "Save a walleye; spear a squaw"; "Spear a pregnant squaw; save two walleye"; and "Custer had the right idea". Many Indians and their supporters have been threatened with violence and assaulted and battered. As a result, large numbers of law enforcement officials have had no patrol of the areas to assure the safety of the fishermen. Since 1987 the state has spent $6.2 million on enforcement and arrested more than 200 protestors in 1989 and 1990. The protesters have cost taxpayers $49.83 for each walleye speared by the Indians since 1985!

On January 8, 1992 Federal Judge Barbara Crabb permanently banned spearfishing opponent Dean Crist and his group, Stop Treaty Abuse/Wisconsin, from interfering with Chippewa spearers; he is appealing though. This decision coupled with the somewhat smaller crowds last year have led the state to dramatically cut back on its projected peacekeeping force for the 1992 season. However, many people feel this action may be premature.

Members of the Midwest Treaty Network, an alliance group which supports the Chippewa treaty rights, will be on hand at the landings to serve as nonviolent witness to the activities. They will document protest actions and offer a peaceful counter-presence as in previous years.

Update

In early May I had the opportunity to observe the Chippewa spearfishing season near the Lac du Flambeau Indian Reservation in Northern Wisconsin. As a participant with Witness for Non-Violence I went to the boat landings to observe and record any anti-treaty protest activity that may occur.

Fortunately for the Chippewa there was very little protest activity this year. They were able tot go about their business peacefully without outside interference from drunken racists. The Department of Natural Resources and the Great Lakes Indian Fish and Wildlife Commission had wardens at the landings to record the fish taken and to insure that there were no violations on the part of the spear fishermen. Activities went on as they were meant to.

The Chippewa appear to have won the battle for now. The Department of Natural Resources spent only $41,939 patrolling the lakes this year compared to $204,000 last year and $517,500 in 1990 so the taxpayers won too. However, a number of chambers of commerce and individuals are currently raising thousands of dollars to finance the appeal of federal court injunctions against the protesters. The struggle goes on.

For the last 500 years the powers that have pushed and shoved the Indians to the most barren and remote lands that could be found and they are still not satisfied. The multi-national mining corporations and those looking to dump their nuclear waste now want those lands too. First they tried treaty rights and failed. What will be the next front? The Indians and their supporters had better not become complacent because there will certainly be more attacks.