Court case

Minnesota v. Mille Lacs Band of Chippewa Indians

The Chippewa kept their 1837 Treaty hunting and fishing rights; an 1850 order, the 1855 Treaty and Minnesota statehood did not end them.

Citation
526 U.S. 172 (1999)
Court
U.S. Supreme Court
Year
1999
Nations
Mille Lacs Band of Ojibwe (Anishinaabe) and other Chippewa bands
Treaty at issue
Treaty of 1837 (7 Stat. 536); Treaty of 1855
Effect on land rights
advanced

What happened

In 1837, several Chippewa Bands ceded land in present-day Minnesota and Wisconsin to the United States. The United States, in turn, guaranteed the Indians certain hunting, fishing and gathering rights on the ceded land "during the pleasure of the President of the United States."

In an 1850 Executive Order, President Taylor ordered the Chippewa's removal from the ceded territory and revoked those usufructuary rights, meaning the rights to use and take resources from the land. The United States ultimately abandoned its removal policy, but its attempts to acquire Chippewa lands continued. An 1855 Treaty set aside lands as reservations for the Mille Lacs Band, but made no mention of whether it abolished rights guaranteed by earlier treaties. Minnesota was admitted to the Union in 1858. In 1990, the Mille Lacs Band and several of its members sued Minnesota and its Department of Natural Resources, asking a court to declare that they retained their rights.

The Supreme Court, 5-4, in an opinion by Justice O'Connor, held that the Chippewa retain those rights. The 1850 Executive Order was ineffective, because the President's power to issue it must stem from an Act of Congress or the Constitution. The Mille Lacs Band did not give up its 1837 rights in the 1855 Treaty. And Minnesota's admission to the Union did not extinguish them: treaty rights are not impliedly terminated at statehood.

The Court said the State's reliance on Ward v. Race Horse (1896) was "misplaced." Chief Justice Rehnquist dissented, joined by Justices Scalia, Kennedy and Thomas.

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 Chippewa retain the usufructuary rights guaranteed to them by the 1837 Treaty.Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999) (U.S. Reports, Library of Congress)
  2. treaty rights are not impliedly terminated at statehoodMinnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999) (U.S. Reports, Library of Congress)
  3. The State's reliance on Ward v. Race Horse, 163 U. S. 504, is misplaced.Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999) (U.S. Reports, Library of Congress)
  4. In 1990, the Mille Lacs Band and several members sued MinnesotaMinnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999) (U.S. Reports, Library of Congress)

Research notes. The 5-4 split is from the U.S. Reports headnote. The 'usufructuary' gloss in the narrative is mine. The modern co-management statement in the old text was removed as unsourced. The opinion is about the Mille Lacs Band and other Chippewa bands that are parties; I did not review the dissent.

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

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Doctrine applied 4

Nations named 3

Decided a dispute over 2

Concerns the instrument 1

Policy era 1

Overruled in effect 1

Sources

  1. supreme.justia.com/cases/federal/us/526/172/legal text copy
The record’s fields
Holding
The 1837 treaty's usufructuary hunting, fishing and gathering rights survived: the 1850 removal order was invalid, the 1855 treaty did not abrogate them, and statehood did not extinguish them. 5-4.
Kind
Court case
Confidence
High

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