As far as I can tell from all this political mumbo jumbo, is that the do not own any part of Mille Lacs Lake. They only own property to the WEST of the Mississippi.
This is the latest treaty that we had with the Chippewa nation. Here's the excerp that I've been checking on:
Article 1.
The Chippewas of the Mississippi hereby cede to the United States all their lands in the State of Minnesota, secured to them by the second article of their treaty of March 20, 1865,* excepting and reserving therefrom the tract bounded and described as follows, to wit: Commencing at a point on the Mississippi River, opposite the mouth of Wanoman River, as laid down on Sewall's map of Minnesota; thence due north to a point two miles further north than the most northerly point of Lake Winnebagoshish; thence due west to a point two miles west of the most westerly point of Cass Lake; thence south to Kabekona River; thence down said river to Leech Lake; thence along the north shore of Leech lake to its outlet in Leech Lake River; thence down the main channel of said river to its junction with the Mississippi River, and thence down the Mississippi to the place of beginning.
And there is further reserved for the said Chippewas out of the land now owned by them such portion of their western outlet as may upon location and survey be found to be within the reservation provided for in the next succeeding section.
AND THE SURVEY SAYS..................... This is what we missed in the case against the earlier treaties:
IV. The Consequences of the Minnesota’s Failure to Apply the
Lac Courte Oreilles and
Mille Lacs Judgments to All Minnesota Anishinabe.(CHIPPEWA)
Because
only the Anishinabe Bands who were parties to the Lac Courte Oreille
1854 Treaty litigation intervened in the
Mille Lacs case,147 the judgment in favor of the
Mille Lacs
plaintiffs formally did not extend to Minnesota Bands other than the Mille
Lacs Band (in the 1837 and 1855 ceded territory) and
Fond du Lac, Bois forte and Grand
Portage Bands (in the 1854 ceded territory). However, it appears that principles of
res
judicata
,148 and/or offensive collateral estoppel149 would preclude the State from relitigating
its objections to the treaty claims and factual issues decided in the previous
litigation. But, in addition to resolving facts and law beyond dispute, the
Mille Lacs
decision also put the State on notice that it was bound to recognize the
usufructuary
rights clearly set out in the 1837 Treaty and not removed by the 1855 Treaty, or later.
Further, in entering into the Tri-Band Agreement with the
Anishinabe Bands in
Minnesota’s “Arrowhead” region in 1988, the State apparently has considered itself
bound by the terms of the 1854 Treaty, although, like the
Anishinabe Bands of northern
Minnesota in the
Milles Lacs case,150 the State of Minnesota never intervened in that
litigation. The State of Minnesota has chosen
not to recognize that the same treaty
interpretation principles either within, or outside of the 1837, 1854, 1855 ceded territory,
nor in territory later ceded by the Treaties did not discuss abrogation of
usufructuary
rights.
Ain't it a cryin' shame they didn't even take into consideration the treaty of 1867? That was a ratification of all the other treaties and the point of law being he last word said. Ain't it lawyers out there?
I know some of you fish, Here's a picture of Minnesota.
Notice that the Mississippi River is to the west of Mille Lacs Lake.
They don't even own the land Grand Casino is on!
-- Edited by tat2jonnie on Friday 29th of July 2011 01:04:35 AM
If you aren't sick of this treaty crap..........you never will be! support Steve Fellegy and his efforts and see this deal end once and for all.......recently there has been more in the media on the bands efforts to break laws and fish/net. Now the Fed's are looking into it...we will see where it all goes.........