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Court case

Menominee Tribe of Indians v. United States

Menominee hunting and fishing rights under the 1854 Treaty of Wolf River survived the 1954 Termination Act, the Court held in 1968.

Citation
391 U.S. 404 (1968)
Court
U.S. Supreme Court
Year
1968
Nations
Menominee Nation
Treaty at issue
Treaty of Wolf River (1854)
Effect on land rights
advanced

What happened

The Menominee Tribe was granted a reservation in Wisconsin by the Treaty of Wolf River in 1854. The treaty set aside land for the Menominees "for a home, to be held as Indian lands are held."

In 1954 Congress passed the Menominee Termination Act. It provided for the end of federal supervision over the property and members of the tribe, after which state laws would apply to them in the same way as to others. The Act did not become fully effective until 1961. The Wisconsin Supreme Court, in another proceeding, held that the Termination Act had abrogated the Menominees' hunting and fishing rights. The Tribe then sued in the Court of Claims for compensation for the loss of those rights.

The Court of Claims held that the Termination Act had not extinguished the rights, which were retained under the 1854 treaty, and the Supreme Court affirmed in an opinion by Justice Douglas. The same Congress that passed the Termination Act also enacted Public Law 280, which two months later was amended to apply to the Menominee Reservation. That law gave Wisconsin general jurisdiction over Indian country, with the proviso that nothing in it "shall deprive any Indian or Indian tribe . . . of any right, privilege, or immunity afforded under Federal treaty . . . with respect to hunting, trapping, or fishing."

Read together, the Court held that the hunting and fishing rights "survived the Termination Act of 1954," and that, as the syllabus puts it, a purpose to abrogate treaty rights is not to be lightly imputed to Congress.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. The Menominee Tribe's hunting and fishing rights under the Treaty survived the Termination Act of 1954.Menominee Tribe v. United States, 391 U.S. 404 (1968) (U.S. Reports, Library of Congress)
  2. for a home, to be held as Indian lands are heldMenominee Tribe v. United States, 391 U.S. 404 (1968) (U.S. Reports, Library of Congress)
  3. The Termination Act, which did not become fully effective until 1961Menominee Tribe v. United States, 391 U.S. 404 (1968) (U.S. Reports, Library of Congress)
  4. in light of Public Law 280 held that the Termination Act did notMenominee Tribe v. United States, 391 U.S. 404 (1968) (U.S. Reports, Library of Congress)

Research notes. The last sentence paraphrases the syllabus (which prints a stray period, 'not. to be'). The old sentence tying this case to Cherokee Tobacco and Lone Wolf was my gloss and was removed. The treaty text itself was not opened.

Treaty or agreementNot statedShapes from the 1899 federal record: approximate, not legal boundaries.

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Doctrine applied 4

Decided a dispute over 2

Concerns the instrument 1

Policy era 1

Nations named 1

Limited 1

Sources

  1. supreme.justia.com/cases/federal/us/391/404/legal text copy
The record’s fields
Holding
The 1854 treaty phrase 'to be held as Indian lands are held' included hunting and fishing rights, and the Menominee Termination Act of 1954 (read with Public Law 280) did not extinguish them; courts do not lightly infer abrogation.
Kind
Court case
Confidence
High

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