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    Mille Lacs Band of Ojibwe Indians

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    • Része ennek Records of the Office of the Chief of Staff (Clinton Administration), Lynn Cutler's Files

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    OCR Page 1 of 37
    Raquee THE WHITE HOUSE WASHINGTON Couriles November 30, 1998 MEMORANDUM FOR THE PRESIDENT FROM: Charles F.C. Ruff, Counsel to the President Mickeychould Robert N. Weiner, Senior Counsel 4:30pm Peter Rundlet, Associate Counsel 3m SUBJECT: Minnesota V. Mille Lacs Band of Chippewa Indians Steven The United States has intervened on behalf of the Chippewa Indians in their lawsuit to enforce their Treaty rights to hunt, fish, and gather in land they ceded to the United States. The Treaty of 1837 guaranteed these rights to the Chippewa "during the pleasure of the President of the United States." In interpreting that phrase, the litigation thus far has focused on Presidential actions in the 1850s. However, the question may well arise, when the case is argued before the Supreme Court this Wednesday what your "pleasure" is regarding these rights. Background In 1837, several Chippewa Bands entered into a Treaty ceding more than 13 million acres in what is now Wisconsin and Minnesota. The Treaty stipulated that "[t]he privilege of hunting, fishing, and gathering the wild rice, upon the lands, the rivers and the lakes included in the territory ceded, is guarantied [sic] to the Indians, during the pleasure of the President of the United States. " Over time, Minnesota has restricted this privilege, resulting in the current lawsuit. Minnesota argues that the Chippewa no longer enjoy these rights because of an Executive Order issued in 1850 by President Taylor "revoking" the privileges granted under the 1837 Treaty and requiring the Chippewa "to remove to their unceded lands." Minnesota also relies on a new treaty negotiated in 1855 in which the Chippewa relinquished "all right, title, and interest" in the Territory of Minnesota, and the State contends that its admission to the Union in 1858 abrogated the 1837 privileges. The Chippewa contend that the 1850 order was quickly abandoned and that they have enjoyed the privileges under the 1837 agreement for many decades. The Tribe won on these arguments in the lower courts, and the issue is now before the Supreme Court. Issue Although the case to date has focused on the historical record in determining "the pleasure of the President under the 1837 Treaty, the Solicitor General believes the issue may 1003 86/70/ZT

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