Ojibwe Treaty Rights: 15 Years Later
May 20 [1996] marks the 15th anniversary of the court
ruling that put to rest the 17-year battle between Ojibwe Indians and the
state of Wisconsin over off-reservation hunting and fishing rights. On this
day in 1991, Attorney General James Doyle (now Wisconsin's governor) and the
six Chippewa tribes agreed to abide by a 1983 federal ruling known as the
Voigt case that allowed Indians to continue to hunt, fish and gather on
off-reservation land.
The controversy began in 1974, when brothers Fred and Mike
Tribble from the Lac Courte Oreilles (LCO) Band were arrested while ice
fishing on an off-reservation lake. Charged with violating Wisconsin
conservation laws, the brothers' arrest prompted the LCO to file a class
action lawsuit against the state. A treaty, signed more than a century
before in 1854, became the focus of the fight.
In 1837 and 1842, the Ojibwe had signed treaties
forfeiting their land titles while retaining their right to hunt and fish on
that ceded territory — a guarantee known as "reserved rights." Another
treaty, signed in 1854, created reservations for the Ojibwe but did not
cancel the rights guaranteed in earlier treaties. Despite this protection,
the
state consistently denied the Ojibwe these lawfully protected reserved
rights in the late 19th and early 20th centuries.
So when the brothers were arrested in 1974, the LCO argued
that the 1854 treaty guaranteed them their off-reservation hunting and
fishing rights. Federal District Court Judge James Doyle (Attorney General
Doyle's father) disagreed, however, and ruled in 1978 that the 1854 treaty
establishing reservations had canceled any reserved treaty rights. The LCO,
along with the five other Ojibwe bands, took the case to the U.S. Court of
Appeals.
In 1983 the Court of Appeals overturned Judge Doyle's
decision. They held that the treaties of 1837 and 1842 had not been revoked
or terminated by the 1854 treaty and that the agreed-upon rights continued
to exist. The case, known as LCO v. Voigt, was a landmark victory for the
Ojibwe, but
it triggered considerable controversy, protest and misunderstanding
among Wisconsin's non-Indian population.
In the 1980s, anti-treaty protesters staged demonstrations
and used political pressure, legal action and civil disobedience to prevent
members of the Ojibwe from spearing walleye. Some of the protesters argued
that treaty rights and tribal sovereignty were outdated while others
believed rumors that the tribe would harvest all of Wisconsin's fish and
game, thereby threatening the tourism industry. Some anti-treaty protesters
went so far as to deploy
concrete walleye decoys on the bottom of lake beds to damage Ojibwe
spears and disrupt off-reservation spearfishing. The tribes also faced a
stream of racist abuse that often turned violent and led to media depictions
of Wisconsin as the "Mississippi of the North."
The Ojibwe and their supporters, borrowing tactics from
the civil rights movement, began to act as "witnesses" at protests,
collecting information for police investigations of violent acts and
educating the public about the reserved rights guaranteed under treaty law.
Partially in response to the controversy over treaty rights, the
Great Lakes Fish and
Wildlife Commission was formed in 1984 to assist its member tribes to
protect their off-reservation treaty rights and to regulate hunting and
fishing harvests. The state also began
mandating that schools provide instruction in the history, culture and
tribal sovereignty of the federally recognized tribes in Wisconsin.
Under
Governor Tommy Thompson, the Wisconsin Department of Justice tried to
appeal the Voigt decision. When this failed, the state offered the tribes
money in exchange for an agreement to end or at least suspend their
off-reservation hunting rights. The tribes declined. The violence reached a
peak in 1989 and, in an attempt to prevent further fighting, Governor
Thompson went to court to plead for an injunction to stop Ojibwe
spearfishing. Judge Barbara Crabb refused, stating that the Ojibwe were
doing nothing illegal.
Between 1987 and 1991 a series of federal court rulings
defined the limits of Ojibwe treaty rights. The rulings split resources
between Ojibwe and non-Indians, and denied Ojibwe claims for compensation
for the years that their rights were denied. On May 20, 1991, the state of
Wisconsin declared that it would no longer attempt to appeal the 1983 Voigt
decision, finally ending the 17-year struggle.
Since then the Ojibwe have continued to work with the
state to try to reduce tensions and manage fish and game populations in
northern Wisconsin.