French Creoles | Chipawa Indians

The Chippawa

Looking back at the history of the United States we can see the struggle for power and control.Who has the right? Who gives the right and most importantly, what is the right? The imposition of the word "civilized" as defined by whites to characterize themselves in opposed to the so called "savage" indigenous people, more particularly Indians was largely the cause for the downfall of racial equality in the United States. It was a definition that gave license to a standard of living imposed by whites that implied racial superiority.

It led to the justification, in their minds,the duty to control, save and civilize the more inferior races and natives of the land. This way of thinking often led to the forced ruling of others, to the betterment of the position of the white men in power, over a new land and its people.

Native Americans who were mistaken for Indians in 1492, when Columbus sailed the ocean blue became subject to this way of thinking. It was the beginning of the end for the indigenous. From that day forth, a

Indian Women

Turtle Mountain Chippewa Indian Boe Harris-Nakakakena

n existing pattern unraveled, creating years of genocide to the detriment of many cultures of the New World.

This dualistic point of view of "good" controlling the "evil" made a case for pure white males to rule over and control the so called "savage" Indians. Laws and rules were made to create order and bring structure to the primitive. The results being assimilation and ultimately the adoption of the white ethos, belief system, and the loss of heritage. The Chippewa Tribe, being the focus of this paper, has experienced the negative and the positive effects of this belief system along with the consequences of its laws and treaties in the United States.

National Heritage

The Battle Of Chippewa

The Treaty of 1837 involving the Chippewa has played a major role in the lives of these Indians in the past as well as in the present. The Chippewa Indians are the largest and most important tribe north of Mexico. The tribe has a population of 30,000 members residing in equal portions of the United States and Canada. The name Chippewa is derived from the name Ojibwa. They also call themselves "Anishinabag" which means original man. They are closely related to the Ottawa and the Cree Indians. They followed the Great Lakes coming from the East, making their first settlement in Wisconsin . The first mention of them in history was through the Jesuit priests in 1640. Many missions were founded in the hopes of converting the natives to Catholicism. Jesuit priest Rene Menard established himself in upper Michigan.

Later came father Claude Allouez and the work continued through the end of the eighteenth century until the priests in the area began to take over. A Protestant effort was begun in1823 by the Methodists.. The majority of the Christian portion of the tribe is Catholic. Just like other western tribes they became allies with the French throughout the colonial period. Through their amicable relations with the French traders they were able to obtain guns that helped claim victory in the many wars that transpired between the Sioux and Foxes whom lived on there West and South.

These wars were responsible for their laying claim to and driving out competitors for the land in the upper Mississippi. They became the lords over the entire State of Michigan , Northern Wisconsin and Minnesota evens into the mountains of North Dakota. They later joined the English against the Americans in the Revolution . The Ojibwa were not farmers because of the cold climate in which they lived. This climate was not conducive to farming and therefore yielded no profits.

They became fishermen and hunters that gathered wild rice, berries maple sugar, plants and hunted for deer, bear, moose ,waterfowl and small game as well as fishing in lakes and streams. These things were plentiful in the area in which they lived. They were also skilled in the use of birch bark in making houses, canoes and other necessities. They lived in rectangular homes or tipi shaped shelters, which they covered with bark. They were champion canoe handlers and remained more in the water than on the land which made them unfamiliar with the horse and the buffalo. In terms of government each Chippewa band was independent.

There were many clans within the bands each having their own war rules, ceremonies and observances. They did not believe in having huge ceremonial gatherings like the tribes that subsisted from the use of the lands for survival. The majority of the bands remain pagan worshipers although much effort was made to convert them to other ways of thinking. by missionaries. The Objibwe way of life for the most part was very self sufficient until the Europeans began their infringements in the form of the taking away more and more of the land and natural resources in violation of treaties and agreements.

In the latter part of the nineteenth century atrocities such as the banning of their religion, the forbiddance of the use of their language and culture and governing themselves has made living very hard for them. They are now experimenting with other means of support such as casino revenues which will has given them back their self-sufficiency, Their first treaty signing with the United States took place in 1785. Unlike many other tribes that were removed in time, they remained stationary.

Due to a number of treaty sales, they are now living on reservations in their home territory. These treaties have led to negative and positive occurrences in the lives of these early "keepers of the earth". A treaty is an agreement so made; specifically, an agreement, league, or contract between two or more nations or sovereigns, or the supreme power of each state; an agreement between two or more independent states as, a treaty of peace; a treaty of alliance. (Webster dictionary)

In 1837 Wisconsin Territorial Governor, Henry Dodge opened negotiations, with a treaty council talking about the cession of Indian land. In this negotiations The Chippewa Bands, Mille Lacs, Fon du Lac, Bad River, Lac Courte Oreilles, Lac du Flambeau, Red Cliff, St. Croix and Sokaogon, ceded lands to the United States with assurance that there fishing and hunting right remained. Other terms of the treaty were that the United State had to pay fees in money and goods annually. However, the Value of the land was greater then the compensation the Chippewa Indians were given.

And just when they thought their fishing and hunting right were secure the United State reiniged on those terms of the treaty of 1837 revoking those right. There were many cases brought to the State and federal courts contesting the Action of the United States for Violating what they thought were treaty rights. An example of the many cases is the Voigt Decision. The Voigt decision that took place in 1983 Court of Appeals up heal the Chippewa Indians right to hunt and fish ignited a significant amount of
controversy causing protests in Northern Wisconsin.

This particular case started in 1973 when the Chippewa brought made a case against the state of Wisconsin saying the laws enforced by the state put a halt on activities
such as hunting fishing and gathering that was promised to them in the treaty of 1837. When the case was taken to Federal District Court in 1978, the judgement was that according to the treaty of 1854 those rights had been revoked. Therefore the ruling was in the favor of the state. This decision was not final because this case was scene at the Seven Circuit Court of Appeals in 1983,who in turn reversed the decision recognizing that the fishing and hunting rights were neither revoked nor terminated by
the treaty of 1854. However in order to establish the extent in which the state did have the right to regulate hunting fishing and gathering the case returned to The District Court. Because of the success of this case,
in favor of the Indians, five other bands decided get involved in this lawsuit. The final ruling of 1987 and 1990 were that State had some power to regulate but only with issues of conservation of resources and public health and safety. As a result of this ruling Indians were allotted 50% of resources that's available to harvest. The treaty of 1837 was is broken up into phases. You have Phase I that examine the right stated in the treaty and how they apply to the Chippewa Indians and the States extent of power.

According to the Great Lakes Indian Fish & Wildlife Commission (GLIFWC), in1994 the following
was the ruling in Phase I by the District Court in Minnesota:

1. the treaty right continue to exist today

2. except for commercial timber, the bands can sell the natural resources that they harvest

3. both traditional and modern harvest methods can be used:

4. the bands may self regulate under there own conservation codes that are enforceable into the Bands' courts; and

5. state regulation can be imposed on treaty harvest only as reasonable and necessary conservation, public safety or public health

In Phase II the District Court confronts the allotment and regulatory issues. In 1997 a judgement was made in this second Phase, according to GLIFWC, and it state the following:

1. approved the Bands' proposed Minnesota 1837 Ceded Territory Conservation Code and accompanying the fish and wildlife management plans:

2. ordered the state of Minnesota not to take action that would interfere with the exercise of these rights;

3. refuse to allocate natural resources between treaty and non-treaty harvest until it can be demonstrated that either the Bands' or the State are being deprived of there "fare share" of the resources

4. held that State harvestable surplus determinations are reviewable by the Court;

5. ruled that the Bands may fish throughout Mille Lacs Lake;

6. ruled that, at this time, the only private land open to treaty hunting is land enrolled in the Minnesota tree growth tax program; and

7. retained continuing jurisdiction over the case so that any unresolved disputes in the future could be addressed by the court.

Just as things look good for the Chippewa tribes, the landowners, the State, and the counties appeal the judgement and terms of these Phases. They were hoping that the Appeals 8th Circuit would overturn this final
judgement or at least put the effects of it on hold until late May of 1997 in the duration of the appeal. Their request was denied by the Court. The non-Indians were unsuccessful in their attempt to extinguish the rights of
the Bands.

Under these right and restriction Bands have started to exercise their power by and setting their own limitation voluntarily. The have cut back the harvest of walleye below 50% in the Mille Lacs Lake.
Permits and things of that nature have been created as a requirement to fish at as well as being monitored. Special fishing gear was made to help in conservation of different species. A committee was created to help open
line of communication having to do with the management of resources that's consisted of Band and State representatives.

No law, policy or act can accommodate all that are involved. Whenever laws are created to govern a group of people, there will always be pros and cons. Usually the cons are in favor of the ruling class and many times
to the detriment of the other parties involved. In the case of the treaty of 1837 the pros and cons proved to have had both effects. To understand this treaty and how it came about, it is necessary to review the circumstances that brought it into effect. ----Expound on this!!!!!!!!

Three Chippewa Indian woman in the militatry

The 1960's a time of racial tension exuding from many
different ethnic groups made you question the judicial system. Rights being the big issue surrounding this Controversy, we saw a lot of civil unrest all over the country. The Chippewa Indians felt the rage of injustice that was protested against. The Indigenous Government power began to increase in 1964 to the point where they were competing with federal and state governments for land ownership, hunting, fishing, social welfare rights etc. The Chippewa Tribes continuously look to the Court
System for recognition that they are a sovereign nation that has the right to exercise power that is within the boundaries of their land.

Indigenous people rights have been affirmed in most case that have been taken up with the State Court and the Supreme Court since 1887. This exercise of power by the Chippewa and other tribes has triggered negative feelings in the non-Indians. They are taking matters into there own hands by holding demonstration that end in violent confrontations. There was an Incident where Chippewa spearfishers were the victims of a violent protest where non-Indians were throwing rock shouting derogatory names and racial slurs.

The women in support of the fishers sang religious songs while hearing not Indians shout sexual slurs and threats directed toward them. The Chippewa children also feeling the tension with talk of one school receiving a bomb
threat. Even thought the Chippewa and other Indians are receiving justice through the judicial system now they have to win the vote of the people they must live side by side with.

In the struggle to determine issues of resources and fishing
rights between Chippewa Indians and non -Indians in ---- some positive effects took place. Even though the enforcement of the treaty invoked the opposition to rear its ugly head, positive environmental effects have
resulted from its enforcement. The enforcement of this treaty has served ironically to be an alliance that is helping to protect the environment from the outside threat of big businesses seeking to exploit the environment and that are supported by the federal government.

These businesses infringe upon lands with the purpose of extracting natural resources and in turn pollute other resources that are vital to living. An example of this is a project conducted by Exxon. Exxon was thin about opening a zinc-copper mine upstream from the Mole Lake Chippewa Reservation' wild rice beds and Wolf River. The Native American environmentalist and sport fishing groups came together to put an end to this. (Using the Treaty of 1837 as a resource to back them up)

Miss Indian USA

With the support system of the federal government, big business have been aided in the creation of Nuclear mine facilities by changing regulation to allow "low-level" radioactive waste to be dumped in landfills. The weakening of mining pollution laws is a way to justify the allowance of these companies to come in and pollute without being in violation of existing laws Nuclear waste is now being allowed to be stored on mine sites. The residents of Wisconsin, which include the Chippewa Indians, will feel the wrath of this toxic waste if the talk of second phase high-level nuclear waste sites are realized in that area.

This brings into play another positive aspect of the treaty which is the last defense those residents have to protect these waters. The treaty guarantees access to the off reservation fish, game and wild rice-which are the resources that would suffer from mining in this area. The treaty also protects endangered species whose extinction would be due to the contamination of the water. One such species is the rare clams found in Flambeau. Because this treaty and treaties like this have standing in federal court, the Chippewa Indians have a valid case, which will prove beneficial to both Indians and non-Indians.

Chippewa in other states like Michigan have looked to these treaties to help them fight against low-level nuclear waste projects. The DNR secretary has agreed that the Chippewa Indians do have a valid case. This has resulted in the slowing or the actual blocking of projects that could have proven to be detrimental to the environment.

The concern of the Chippewa Indians does not stop at the environmental issue. It also extends to job opportunities. As result of Wisconsin becoming a mining district, a major concern of the non Indians has developed. Due to these companies, Wisconsin will be seeing an abundance
of new residents as well as other people seeking jobs, putting a burden on the social services provided by this community. Promises of new jobs have been made by these mining companies being one of the cause of a population increase. At the same time, the state has offered them a tax break to relocate their own workers.

The end result of all of this

is that the areas occupied by the companies when vacated will be economically depressed and there will be an inability to regenerate forestry and farms due to the damage done to the ecology. Proposals have been made, such as
the one by Walt Bressette from the Red Cliff Chippewa Tribe, stating that the ceded territory of Northern Wisconsin can be cleaned up and can profit from recreation and tourism. The creation of small and diversified businesses, small-scale logging by industries is healthy for the environment and will be in compliance with treaties as well. These suggestions and solutions continue to be a positive effect of the Treaty of 1837 due to the vigilance of the Chippewa community.