As a witness and witness organizer i was greatful to Mr. Rose for his
clearification (below) of the concept of treaty rights.
During the Witness for Non-violence program
in Northern Wisconsin we stressed the fact that many rights were retained
by the tribes rather than granted by the U.S. government. This idea remains
critical to the maintenance of treaty rights.
> became concerned that there is a perception, as articulated below,
> that our American Indian treaty rights were some how granted to "us"
> by the United States. This is not only historically incorrect, but also
> legally incorrect.
> ... appropriate view, that the rights of a
> sovereign cannot be limited by the actions of an outside government
> unilaterally.
> ...
> Richard A. Rose
>
> > Over time this witness diffused the hatred and dispelled the
> > problem. The Indians now peacefully enjoy their treaty rights
> > granted them in the U.S.Constitution.
> >
> > Ian Harris University of Wisconsin-Milwaukee
Unfortunately I have to disagree with Mr. Harris's statement that "The
Indians now peacefully enjoy their treaty rights". Hatred and the problem
still exist. It is certainly more
peaceful than several years ago but there are strong efforts to erode rights
retained by the tribes. One of the strongest attacks is based on the concept
that tribes are unfairly granted special rights. The slogan is "Equal rights
for all". Catchy, but ignores the fact that tribes origionally retained
all rights and only through treaties granted some rights to the U.S. . The
source of indigenous rights is central to the issue of tribal soverignty.
In addition there are still physical and verbal attacks on tribal members
trying to exercise their rights. The attacks are just not in large enough
numbers to ellicit public recognition. In Wisconsin the state still does not
recognise tribal jurisdiction in many areas of law and resource management,
even within the reservations. So, although a little progress has been made,
there is still a mountain to move.
John Coleman
Madison treaty Rights Support Group
colemanj@calshp.cals.wisc.edu