Mille Lacs (1999): Minnesota's denial of 1837 hunting, fishing and gathering rights

What happened

Under the 1837 Treaty of St. Peters, several Chippewa bands ceded land in present-day Minnesota and Wisconsin. Article 5 guaranteed "the privilege of hunting, fishing, and gathering the wild rice" on the ceded lands "during the pleasure of the President." In 1850 President Taylor issued an executive order that ordered the Chippewa to leave the ceded territory and revoked those rights. The United States later abandoned removal. An 1855 treaty set aside reservations for the Mille Lacs Band but said nothing about earlier hunting and fishing rights. Minnesota became a state in 1858.

In 1990 the Mille Lacs Band and several members sued Minnesota over its restrictions on exercising those rights. The state argued that the 1850 order, the 1855 treaty and statehood had each ended them. In Minnesota v. Mille Lacs Band of Chippewa Indians (decided March 24, 1999), the Supreme Court held that the Chippewa "retain the usufructuary rights guaranteed to them by the 1837 Treaty."

The Court said a President's order must rest on an Act of Congress or the Constitution, and none authorized the removal order. It found the order could not be split into a valid and invalid part. It held the 1855 treaty did not end the rights, and that statehood alone did not. The vote was 5 to 4. Justice O'Connor wrote for the Court, joined by Justices Stevens, Souter, Ginsburg and Breyer. Chief Justice Rehnquist dissented, joined by Justices Scalia, Kennedy and Thomas, and Justice Thomas also wrote separately. The Court added that it did not mean a President could never revoke the rights in line with the 1837 treaty's terms.

Good to know. This is a case where the treaty rights were upheld, not lost; the dates span the years of dispute.

Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error