Media Special: October 3, 1996
by Walt Bresette - 715/779-5071
Governor Thompson to Visit Ashland on Chippewa Treaty Anniversary
On October 4, 1842 the Lake Superior Chippewa ceded to the
United States large portions of our homeland, including northern
Wisconsin and the western portion of Michigan's upper peninsula
including areas surrounding the White Pine mine.
The 1842 Treaty, like other cession treaties, reserved from sale
the right to hunt, fish and gather. The United States (and subunits)
agreed to the terms of the sale and in subsequent deals, laws, executive
orders and court decisions also became "trustees" on behalf of the Lake
Superior Chippewa's remaining interests in this ceded territory.
However, when these territorial interests were annexed to the
Union they forgot about these deals. Here in Wisconsin, following nearly
a century of ecological devastation, the new state formed what
eventually would become the Department of Natural Resources. Since the
turn of the century until January 1983 the state was engaged in illegal
arrest and seizure of Lake Superior Chippewa hunters, fishers and
gatherers.
But, that world changed when the 7th Circuit Court of Appeals
found Wisconsin guilty of these illegal acts and enjoined them from
further illegalities. This ruling, popularly known as the "Voigt
Decision" (named after Lester P. Voigt, WDNR Secretary) should have put
to rest any ambiguity over our ceded territory treaty rights.
However, Thompson, his top aide James Klauser (a former EXXON
lobbyist) and George Meyer, the new DNR Secretary continue to ignore
this ruling. After years of bitter violence on the boatlandings the
state was forced to accept the law. But like de facto segregation
continued long after the civil rights laws were in effect, de facto
abrogation of treaty rights continues - particularly regarding the
threat to ceded territory by mining insterests.
Governor Thompson and his Great Lakes governor buddies such as
Michigan's Engler have ignored and thus usurped these legitimate
property interests of the Chippewa. But, in the process they have also
put the region and it's people in harms way, with the proposed massive
metallic sulfide mine at the headwaters of the Wolf River near the Mole
Lake Chippewa reservation and now in supporting the White Pine mine on
Lake Superior.
And, the trustees - the United States have rolled over to this
pressure. Either the federal courts are correct and the Lake Superior
Chippewa have legitimate property interests in ceded territory or we
don't. If we do, then the White Pine acid mine, its former and future
smelting operations and the unreclaimed tailings pond from conventional
mining has and is damaging those rights, without our interests being
protected.
The EPA, in ignoring this trust responsibility, is violating the
constitutionally defined and protected rights of the Lake Superior
Chippewa. Either they don't understand their role and should step aside
for someone who does, or they are deliberating engaged in de facto
abrogation of treaty rights. If this were a school district violating a
desegregation order federal troops would have been sent in long ago - to
protect the Chippewa.
But now, us Chippewa find ourselves in the most peculiar of
circumstances. After a century of lost suppers, jailed uncles and
grandfathers and with a promise by the federal courts that things will
change, things have actually gotten worse. Instead of preventing the
catching of fish and arresting individual tribal members they are
participating in the wholesale threat to entire fisheries, rivers and
entire regions of habitat.
Yes, we can spear a fish but if our sister eats it and wants to
get pregnant or breast feed she will poison her body or her unborn
child. Enough is enough. In relying on the federal courts decision both
White Pine and Exxon's mining activity are treaty violations. And, until
recognized by the states, all other such massive resource extraction is
likewise a treaty violation. Either our tribal governments must lead in
defense against these violations or, like last summer at Stern's
Crossing, those who understand will.
On this anniversary of promises between the Lake Superior
Chippewa and the United States it is unconscionable that Governor
Thompson, who openly carries dirty water for the mining interests, be
treated in anyway other than the threat he is to our rights and region.
Like Wisconsin Central he should be run out of town until he understands
the law and the people.
And, until the EPA understands its responsibility under the law,
the tribal governments should declare the mine illegal, the mining cargo
illegal throughout ceded territory, and assemble whatever is necessary
to defend out rights. On October 8, the Roseua River Chippwa Tribal
Govenment in Canada have announced a "Blockade for Treaty Rights". When,
I wonder will our governments do likewise.
When Rosa Parks said NO, that her feet was tired and that she
wasn't going to go to the back of the bus, she didn't need an okay from
Dr. King, NAACP, SNCC, the Governor or the President - she had a
constitutional right. Had Dr. King said, "Rosa, they're going to give us
a million dollars if you just go back two seats," I know what Rose would
have said: "Martin, this is your stop - it's time for you to get off."
Lake Superior Chippewa members, the beneficiaries of promises
legally bound in treaties have a right to defend their interests. Until
our rights are recognized we have a duty to say NO. When Dick Gurnoe was
arrested for fishing in Buffalo Bay and eventually acquitted by the
State Supreme Court, he said NO. When the Tribble Brothers were cited
for violating state game laws and eventually acquitted by the U.S.
Supreme Court, they said NO. (That case, by the way, was heard on
October 3, 1983 - the state was denied cert.
And, as one Lake Superior Chippewa, I say NO. Either the
treaties are the supreme law of the land, affirmed by the federal
courts, or they are not. If in the process of what will follow we set
bad legal precedent, this will much better than doing nothing while our
future is endangered. I'd rather lose a court battle than not fight for
Lake Superior.
$ $ $ $ $ $
Walt Bresette is a Lake Superior Chippewa from the Red Cliff
Reservation. He co-authored a book on Chippewa treaties surrounding the
"Voigt Decision" and this summer helped organize a ceremonies which
stopped acid transport across the Bad River Chippewa Reservation. He can
be reached at Route 1, Box 117, Bayfield WI 54814 - Phone 715/779-5071
Fax: 715/779-3465 or by e-mail: bresette@win.bright.net
Note: Governor Tommy Thompson will be at a ribbon cutting ceremony on
Friday, October 4 at 2 p.m. at the old Louisiana Pacific plant between
Pamida and Wallmart on Highway 2 in Ashland. Please tell your networks
to greet him with an appropriate message.