On 13 August 1990 members of the Mille Lacs Band of Ojibwe filed
a lawsuit against the State of Minnesota for interfering with the
hunting, fishing, and gathering rights that had been guaranteed to
them in an 1837 treaty with the United States. In order to
interpret the treaty the courts had to consider historical
circumstances, the intentions of the parties, and the treaty's
implementation. The Mille Lacs Band faced a mammoth challenge. How
does one argue the Native side of the case when all historical
documentation was written by non- Natives? The Mille Lacs selected
six scholars to testify for them. Published here for the first
time, Charles Cleland, James McClurken, Helen Tanner, John Nichols,
Thomas Lund, and Bruce White discuss the circumstances under which
the treaty was written, the personalities involved in the
negotiations and the legal rhetoric of the times, as well as
analyze related legal conflicts between Natives and non- Natives.
Justice Sandra Day O'Connor delivered the 1999 Opinion of the
United States Supreme] Court.
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