Reserved Treaty Rights
Anishinaabeg Reserved Treaty Rights in Minnesota
1837, 1854, and 1866 Ceded Lands
1855 Ceded Land
Among the signatories of the 1855 treaty were the Anishinaabeg of the Sandy Lake, Leech Lake, White Earth, and Mille Lacs Nations. In the 1999 Supreme Court Decision, those rights were affirmed for the Mille Lacs Band in regard to the 1837 treaty and to Fond du Lac under the 1854 treaty (and also the Grand Portage and Bois Forte Bands who were signatories to the 1854 treaty). The 1855 treaty was integral to the Court’s decision. As cited:
The 1863 and 1889 Ceded Land
In 1863, the Red Lake Band entered into a treaty (and an amended treaty in 1864) in which they ceded the western portion of their lands. The pretext for the 1863 treaty was for right of way through Red Lake and Pembina homelands, but when the negotiations ended, the government gained 11 million acres of prime farmland and forested areas.
The Implications of Minnesota Reserved Treaty Rights and Extractive Resource Colonies
The foregoing section - Anishinaabeg Reserved Treaty Rights in Minnesota – presents a brief overview of reserved treaty rights in the ceded lands of the Anishinaabeg. Those rights cover nearly half of the state of Minnesota. The1837 and 1854 ceded lands have been affirmed through court decisions. The 1855 and 1863/1889 ceded lands have yet to be litigated. However, as the treaties and documents show, the indigenous peoples of those lands clearly retained their usufructuary rights.