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White Pine Treaty

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The 1837 Treaty of St. Peters, commonly referred to as the White Pine Treaty, was a treaty conducted between Governor Henry Dodge for the United States and representatives from Ojibwe bands located across today's Wisconsin and Minnesota. It was conducted on July 29, 1837, at St. Peters, Wisconsin Territory (known today as Mendota, Minnesota). The treaty was proclaimed on June 15, 1838, and codified in the United States Statutes at Large as 7 Stat. 536.

Through that treaty, the Ojibwe ceded much of the land that became northern Wisconsin, and a swath of land between the Mississippi and St Croix rivers in what is now Minnesota. This agreement is commonly referred to as the “White Pine Treaty,” because the territory opened up the region's vast white pine forests to logging.[1]

In the treaty, the Ojibwe preserved their right to hunt, fish, and gather within the ceded territory.[1] Those rights have been persistently obstructed by local governments and citizens.[2] However, in 1983  and 1999 federal courts upheld the Ojibwe people’s usufructuary rights on the ceded land in Wisconsin and Minnesota respectively citing the 1837 treaty’s protections.[3][4]

The Wisconsin portion of the cession
The Minnesota portion of the cession

Land Cession Terms

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In the treaty, the Ojibwa nations ceded to the United States a large tract of land located from the Mississippi River in east-central Minnesota to the Wisconsin River in northern Wisconsin, using as its southern boundaries the "Prairie du Chien Line" as established by the 1825 First Treaty of Prairie du Chien, between the Dakota and the Ojibwa, and using the Lake Superior watershed as its northern boundaries.

The land cession was conducted to guarantee access to the Wisconsin Territory's lumber resources that was needed to help build housing for the growing populations in St. Louis, Missouri and Cleveland, Ohio. In the sale, the United States obligated itself to payments to the signatory Bands for twenty years and additional provisions for the Metis in the territory. In turn, the signatory Ojibwa bands retained usufructuary rights to continue hunting, fishing and gathering within the treaty-ceded territory.

Signatories

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# Location Recorded Name Name (Translation/"Alias") Title
01 Leech Lake Aish-ke-bo-ge-koshe Eshkibagikoonzhe (Flat Mouth) Chief
02 Leech Lake R-che-o-sau-ya [5] Gichi-osayenh (Elder Brother) Chief
03 Leech Lake Pe-zhe-kins Bizhikiins (Young Buffalo) Warrior
04 Leech Lake Ma-ghe-ga-bo [6] Nayaajigaabaw ("la Trappe") Warrior
05 Leech Lake O-be-gwa-dans (Chief of the Earth) Warrior
06 Leech Lake Wa-bose Waabooz (Rabbit) Warrior
07 Leech Lake Che-a-na-quod Chi-aanakwad (Big Cloud) Warrior
08 Gull Lake and Swan River Pa-goo-na-kee-zhig Bagone-giizhig (Hole in the Day) Chief
09 Gull Lake and Swan River Songa-ko-mig Zoongakamig (Strong Ground) Chief
10 Gull Lake and Swan River Wa-boo-jig Waabojiig (White Fisher) Warrior
11 Gull Lake and Swan River Ma-cou-da Makode' (Bear's Heart) Warrior
12 St. Croix River Pe-zhe-ke Bizhikiinh (Buffalo) Chief
13 St. Croix River Ka-be-ma-be Gaa-bimabi (He that sits to the side/"Wet mouth") Chief
14 St. Croix River Pa-ga-we-we-wetung Bigiiwewewidang (Coming Home Hollering) Warrior
15 St. Croix River Ya-banse Ayaabens (Young Buck) Warrior
16 St. Croix River Kis-ke-ta-wak Giishkitawag (Cut Ear) Warrior
17 Lac Courte Oreilles Band Pa-qua-a-mo Bakwe'aamoo (Woodpecker) Chief
18 Lac du Flambeau Band Pish-ka-ga-ghe Apishkaagaagi (Magpie/"White Crow") Chief
19 Lac du Flambeau Band Na-wa-ge-wa (Knee) Chief
20 Lac du Flambeau Band O-ge-ma-ga Ogimaakaanh (Dandy) Chief
21 Lac du Flambeau Band Pa-se-quam-jis (Commissioner) Chief
22 Lac du Flambeau Band Wa-be-ne-me [7] Waabanimikii (White Thunder) Chief
23 La Pointe Band Pe-zhe-ke Bizhiki (Buffalo) Chief
24 La Pointe Band Ta-qua-ga-na Dagwagaane (Two Lodges Meet) Chief
25 La Pointe Band Cha-che-que-o Jechiikwii'o (Snipe) Chief
26 Mille Lacs Indians Wa-shask-ko-kone Wazhashkokon (Muskrat's Liver) Chief
27 Mille Lacs Indians Wen-ghe-ge-she-guk Wenji-giizhigak (First Day) Chief
28 Mille Lacs Indians Ada-we-ge-shik Edawi-giizhig (Both Ends of the Sky) Warrior
29 Mille Lacs Indians Ka-ka-quap Gekekwab ([Sitting on a] Sparrow[hawk]) Warrior
30 Sandy Lake Band Ka-nan-da-wa-win-zo Gaa-nandawaawinzo (Ripe-Berry Hunter/"le Brocheux") Chief
31 Sandy Lake Band We-we-shan-shis [8] Gwiiwizhenzhish (Bad Boy/"Big Mouth") Chief
32 Sandy Lake Band Ke-che-wa-me-te-go Gichi-wemitigo (Big Frenchman) Chief
33 Sandy Lake Band Na-ta-me-ga-bo Netamigaabaw (Stands First) Warrior
34 Sandy Lake Band Sa-ga-ta-gun Zagataagan (Spunk) Warrior
35 Snake River Naudin Noodin (Wind) Chief
36 Snake River Sha-go-bai Zhaagobe ("Little" Six) Chief
37 Snake River Pay-a-jik Bayezhig (Lone Man) Chief
38 Snake River Na-qua-na-bie Negwanebi ([Tallest Quill-]Feather) Chief
39 Snake River Ha-tau-wa [9] Odaawaa (Trader/"Ottawa") Warrior
40 Snake River Wa-me-te-go-zhins Wemitigoozhiins (Little Frenchman) Warrior
41 Snake River Sho-ne-a Zhooniyaa (Silver) Warrior
42 Fond du Lac Band Mang-go-sit Maangozid (Loon's Foot) Chief
43 Fond du Lac Band Shing-go-be Zhingobiinh (Spruce) Chief
44 Red Cedar Lake Mont-so-mo (Murdering Yell)
45 Red Lake Francois Goumean [10] François Gourneau half breed
46 Leech Lake Sha-wa-ghe-zhig[11] Zhinawaagiizhig ([Re]sounding Sky) Warrior
47 Leech Lake Wa-zau-ko-ni-a Wezaawikonaye (Yellow Robe) Warrior

Commissioner:

Recording secretary:

Indian agents:

Interpreters:

Army:

  • Martin Scott, captain, Fifth Regiment Infantry
  • Dr. John Emerson, assistant surgeon, US Army

Traders:

Special guests:

Others:

In addition, two other known people were in attendance, but were not signatories:

Establishment of Reservations

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Together with the 1842 and 1854 treaty-ceded territories in determining the locations of Indian Reservations in the 1854 Treaty of La Pointe and the 1855 Treaty of Washington, the 1837 treaty-ceded territory was divided into five zones. Charles Royce in his 1899 report and accompanying map to the United States Congress designated the territory as "Land Cession Area No. 242," thus the area is often called "Royce Area 242." The five zones each with proposed centralized Indian Reservations of approximately 60,000 acres (240 km2) each were Mille Lacs Lake (242A), St. Croix (242B), Lac Courte Oreilles (242C), Lac du Flambeau (242D) and Mole Lake (242E), with access accommodations made for Fond du Lac, La Pointe and Lac Vieux Desert.

However, with St. Croix and Sokoagon walking out of the negotiations of the 1854 Treaty of La Pointe, they were excluded from further business, losing their federal recognition until 1934, and the proposed St. Croix Indian Reservation was never established in zone 242B and Mole Lake was never established straddling zone 242E and 1842 treaty-ceded territory. In the case of St. Croix, illness overcame the Chief Ayaabens and the United States would not accept a sub-Chief vested with negotiation authority, so St. Croix had no choice but to walk away; oral history of both the St. Croix Chippewa Indians of Minnesota of the Mille Lacs Band of Ojibwe and the St. Croix Chippewa Indians of Wisconsin both state if it were not for Chief Ayaabens’ illness, the St. Croix Band would have insisted on reaffirmation of treaty rights expressed in both the 1837 Treaty of St. Peters and the 1842 Treaty of La Pointe, so that the Band would not be face with loss of off-Reservation resources access. Shortly afterwards, Chief Ayaabens died from his illness. In the case of Mole Lake, their Chief was barred from the treaty council as the United States firmly believed that the initially proposed four Reservations of about 10,000 acres (40 km2) each would not be an adequate alternative for a single Reservation of about 60,000 acres (240 km2). The Mole Lake Chief sent his sub-Chief to the Treaty council, with full negotiation authority, but like St. Croix, United States would not accept Mole Lake's sub-Chief, even when fully vested with negotiation authority, leaving the Mole Lake delegation no other choice but to walk away from Treaty council. However, Mille Lacs Lake and Lac Courte Oreilles Indian Reservations were established in 242A and 242C respectively, and Lac du Flambeau Indian Reservations was established straddling zone 242D and 1842 treaty-ceded territory.

Treaty area boundary adjustments

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The Wisconsin portion of the treaty area showing the treaty boundary (in red) and the adjusted boundary (in green)

In Wisconsin, for regulatory purposes, the southern boundaries of the 1837 treaty-area have been adjusted to follow distinct landmarks such as roads and streams. However, in Wisconsin with consent of the property-owner and with tribally issued license, all treaty rights of hunting, fishing and gathering may be exercised by the members of the signatory bands.

In Minnesota, no boundary adjustments have been made. However, hunting is limited to public lands located within the 1837 treaty-area and requires tribally issued hunting license. For non-public lands within the 1837 treaty-area, hunting is subjectable to state hunting licensing and rules. For fishing and gathering, tribally issued licenses are required in Minnesota's portion of the 1837 treaty-ceded territory.

References

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  • Zapffe, Carl A. Minnesota's Chippewa Treaty of 1837. ISBN 0-910623-08-2

Notes

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  1. ^ a b "1837 Land Cession Treaties with the Ojibwe & Dakota". Why Treaties Matter.
  2. ^ Guide to Understanding Chippewa Treaty Rights (Minnesota ed.). Great Lakes Indian Fish & Wildlife Commission. 1995. p. 4.
  3. ^ "Background To Treaty Rights". Wisconsin Department of Natural Resources.
  4. ^ "On This Day: 1855 Treaty Signed between United States and Ojibwe Bands". Leech Lake News. 22 February 2018.
  5. ^ "R-che-o-sau-ya" should be "K-che-o-sau-ya"
  6. ^ "Ma-ghe-ga-bo" [sic] should be "Nia-ghe-ga-bo"
  7. ^ "Wa-be-ne-me" [sic] is "Wa-be-ne-me-ke"
  8. ^ "We-we-shan-shis" [sic] is "Kwe-we-shan-shis"
  9. ^ "Ha-tau-wa" [sic] should be "Au-tau-wa"
  10. ^ "Francois Goumean" should be "Francois Gourneau"
  11. ^ "Sha-wa-ghe-zhig" [sic] should be "She-na-wa-ghe-zhig"
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