25TH ANNIVERSARY OF THE HISTORIC SUPREME COURT DECISION AFFIRMING THE 1837 TREATY RIGHTS
By Vivian LaMoore, Inaajimowin Editor
March 24, 1999 is a date etched in the minds of many and ranks high on the list of historic events in the history of the Mille Lacs Band of Ojibwe. After a 9-year legal battle winding through the court system from District courts all the way to the U.S. Supreme Court, the case was finally over. The Court ruled that the Ojibwe retained certain hunting, fishing, and gathering rights on the ceded land. This date became an annual Band celebration. This year marked the 25th Anniversary of the historic U.S. Supreme Court ruling affirming hunting, fishing, and gathering rights of the Mille Lacs Band and other Chippewa tribes in the 1837 ceded territory. The annual event was held on March 22, 2024 at Grand Casino Mille Lacs hosted by the Mille Lacs Band DNR in collaboration with GLIFWC.
The 25th anniversary celebration included a presentation by historian and author Bruce White along with a panel discussion with speakers including Don Wedll, former Commissioner of Natural Resources for the Mille Lacs Band; Howard Bichler, former Tribal Attorney; George Newago, former Chairperson for Red Cliff Tribal Council; and Jonathan Gilbert, GLIFWC Biologist. The panel was moderated by Tadd Johnson, former Solicitor General for the Band and current advisor to the Band.
Panelists eloquently spoke about their involvement throughout the case and the impact of the case on the Band members, the community and Indian Country as a whole. They also mentioned the impact their involvement has had on their lives personally. Their speeches were raw and often emotional with heartfelt expressions of gratitude.
The annual celebration aims to educate Band members and the greater community about the 1837 treaty rights. The event also featured informational booths, arts and crafts projects, door prizes, and games for kids and adults. Vendors set up informational booths for attendees to learn about a wide variety of topics, from animal pelts to rock formations.
Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999), was a United States Supreme Court decision concerning the usufructuary rights of the Ojibwe (Chippewa) tribe to certain lands it had ceded to the federal government in 1837. The Court ruled that the Ojibwe retained certain hunting, fishing, and gathering rights on the ceded land.
The judicial conclusion in the case came in a in a 5-4 decision, authored by Justice Sandra Day O'Connor, the Court ruled that the Mille Lacs Band of Chippewa Indians does have usufructuary rights that were guaranteed to them by the 1837 treaty. After an examination of the historical record, the Court held that the 1850 Executive Order was ineffective to terminate Mille Lacs Band's usufructuary rights, that the Mille Lacs Band did not relinquish its 1837 treaty rights in the 1855 treaty, and that the Mille Lacs Band's usufructuary rights were not extinguished when Minnesota was admitted to the Union.
You can listen to the recorded reading of the ruling by Justice Sandra Day O’Connor recorded live on March 24, 1999 by visiting the website of Oyez, LII Supreme Court Resources, Justia Supreme Court Center at https://www.oyez.org/cases/1998/97-1337 The reading is 4:48 in length.