Ojibwe Tribe
In 1837 and 1842, the Ojibwe tribe of Northern Wisconsin reluctantly signed over land to the United States of America. However, in both respective treaties, the Ojibwe tribe managed to preserve certain rights for future generations, or so they thought. In these treaties, they “clearly reserved the right to hunt, fish, and gather on the land they ceded to the United States government.” (Lowe 2001, 61). Nevertheless, over one hundred years later, these rights would be aggressively refuted by local citizens of Northern Wisconsin as well as by the State of Wisconsin. An intense debate concerning the rights of the Ojibwe to spearfish escalated between the Ojibwe, local citizens in Northern Wisconsin, and the State of Wisconsin. . . .
The WSC recognized that the state has an interest in conserving Wisconsin resources. The Wisconsin Department of Natural Resources began to put restrictions on these rights after 1854. These regulations however angered Ojibwes when they stood in the way of their right to fish both on their reservations as well as in ceded areas. In addition, the Ojibwe obtained the right to hunt and fish off their reservations without state regulations. consin questioned treaties and the power of the state eradicating the Ojibwe tribe’s right to fish in Northern Wisconsin. Non-Indians in Northern Wisconsin disagreed with the decisions of the court and, fearful of its possible detrimental effects, decided to take matters into their own hands. However, this is far from where the story fades into a happy ending. Doxtater, the WSC affirmed that “Wisconsin possessed legal authority over tribal members who violated Wisconsin law on reservations. The federal court issued guidelines regarding the harvesting of resources off ceded areas and the extent to which the state could interfere with those activities. ” (Commentary, Issues Hoop: Target 1). Bythe late 1800s Wisconsin’s forests, rivers, and lakes suffered from dumping of waste and pollutants, and the state’s wildlife was disappearing. Therefore, the federal court ruled that the state may enforce conservation regulations if shown as reasonable and essential to preserve Wisconsin’s fish supply. ” The State of Wisconsin felt that despite the treaties, it had the right to regulate fishing throughout state boundaries. Angered Ojibwe’s used the judicial system as a battlefield to defend their fishing rights obtained through treaties.
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