Legislation
Aside from treaties, other influential laws affecting Ojibwe life include: 1924 Indian Citizenship Act: granted Native Americans the right to vote as citizens of the United States, stating also that the "granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property." Native Americans are therefore considered dual citizens. Voight Decision of 1983: asserted that Wisconsin had no rights to regulate fishing on Ojibwe reservations and, more importantly, that the 1837 and 1842 treaties guaranteed Ojibwe rights to hunt and fish off their reservations without being bound by state regulations. Current Legal Issues Ever since the Land Cession Treaties, there have been disagreements between the Ojibwe and the U.S. government about what rights the Ojibwe have to the land. Although it was specified within the treaties that te Ojibwe would still have unrestricted access to hunting, fishing, and gathering on ceded lands, the state goveernments still insisted that they abide by state laws regarding hunting and fishing seasons and limits. To address this problem, the Ojibwe formed the Great Lakes Indian Fish & Wildlife Commission (GLIFWC). According to the official website, the GLIFWC is "an agency of eleven Ojibwe nations in Minnesota, Wisconsin, and Michigan, with offreservation treaty rights to hunt, fish and gather in treaty-ceded lands. It exercises powers delegated by its member tribes.
GLIFWC assists its member bands in the implementation of off-reservation treaty seasons and in the protection of treaty rights and the natural resources. GLIFWC provides natural resource management expertise, conservation enforcement, legal and policy analysis, and public information services."
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Historic Legislation There have been four main treaties which affected theOjibwe to the greatest extent and have pushed them back to the lands where they currently reside. 1836 Treaty of Washington: Ojibwe tribes ceded over 13,837,207 acres of Michigan (37% of current state) to the American government, under the direction of Henry Schoolcraft, Indian Commissioner of the U.S. Many Ojibwe were later killed for acquiescing. Treaty of 1837: Ceded lands in upper Wisconsin to the U.S. government in exchange for a twenty-year annuity of $9500 in cash, $19,000 in goods (blankets, rifles, and cooking utensils), $2000 worth of provisions, $3000 to establish and maintain three blacksmiths' shops, and $500 worth of tobacco. Congress appropriated another $75,000 to pay debts the tribe owed to fur traders. The Ojibwe also retained hunting, fishing, and gathering rights on ceded land. 1842 Treaty of La Pointe: Ojibwe tribes ceded lands in upper Wisconsin and Michigan to Robert Stuart, representative of the U.S. government. Each year for twenty-five years, the Ojibwe would receive $12,500 in cash, $10,500 in goods, $2000 in food and tobacco, $2000 for the support of two government blacksmiths, $1000 to support farmers and teach them agricultural skills, $1200 to support two government carpenters, and $2000 to support schools. Additionally, $5000 was placed in an agricultural fund for the tribe, and $75,000 was allotted to pay their debts with traders. Under this treaty, the tribes still retained hunting, fishing, and gathering rights on ceded land. 1854 Treaty of La Pointe: Signed by Henry C. Gilbert and David B. Herriman for the U.S. and by representatives from the Lake Superior and Mississippi Ojibwe tribes, ceding all Lake Superior Ojibwe lands to the government in exchange for reservations in Wisconsin and Minnesota for the Lake Superior Ojibwe, as well as hunting, fishing, and gathering rights on ceded land. Unceded portions remained under the control of the Mississippi Ojibwe. Reservations that came out of this treaty were: Bad River, Fond du Lac, Grand Portage, Lac Courte Oreilles, Lac du Flambeau, Lac Vieux Desert, L'Anse, Ontonagon, and Red Cliff. (Sources: www.wikipedia.org, http://www.mpm.edu/wirp/ICW-110.html) Tribal Law Ojibwe tribes are also subject to tribal law. Each tribe has its own set of tribal laws, as well as tirbal law enforcers, courts, and judges. Tribal law is determined and altered by the tribal council and judges, respectively. Violators of tribal are often brought to court for violating tribal conservation laws, especially in regards to treaty rights. The GLIFWC is a key player in regulating and enforcing those laws and rights. |
