A Right to Half: Regulation of Ojibwe Deer Hunting as a Treaty Right 1990

Abstract

Throughout the 19th century, the United States Federal Government purchased land from Native Americans through treaties in which select groups of American Indians ceded (gave up) their land to the US for payment and annuities but retained the right to hunt, fish, and gather on said lands. After achieving statehood, Wisconsin, like other states that had contained land purchased through treaties began to regulate their natural resources. The State did not recognize the rights reserved by the Indians in the treaties and began to prosecute them into the 20th century for harvesting resources out of regulation. After several legal battles and the intervention of the Federal Supreme Court the Ojibwe Indians retained their rights to hunt, fish, and gather on ceded lands. Before the Ojibwe were able to practice their treaty rights, the State was given the responsibility to regulate Ojibwe harvests so that the resources could be maintained and harvested by non-natives as well. The reintroduction of Ojibwe treaty rights sparked opposition from large numbers of non-natives insisting that Wisconsin’s natural resources would be subject to depletion. Native harvesters faced harassment for all of their practices, perhaps none more than the spearing of Walleye. Resistance groups (often labeled as hate groups) were formed and protests were held where extreme racism ensued. Ojibwe Indians continue to practice treaty rights while attitudes of local non-natives have become less radical but tension remains. The regulation of deer hunting as a treaty right was intended to represent both Indian’s and non-Indians. This paper analyzes the regulation of the deer harvest specifically and its impact within the ceded territories.