Letter to the Editor:

 

I am writing this letter to respond to statements made by Mr. Greg Spaulding a Conservation Officer of the Minnesota Department of Natural Resources who presents information with a particular biased slant.

 

Mr. Spaulding raised issues regarding ownership of our lake to the press.  At first, I chose to ignore the comments of this person; however, the coverage devoted to this issue by local newspapers and television forces me to provide some education on facts to this matter. 

 

Mr. Spaulding stated that he believes that the whole of Red Lake belongs to the state of Minnesota per his research.  Mr. Spaulding cited a U.S. Supreme Court decision U.S. v. Holt State Bank, 270 U.S. 49 (1926) which applied to ceded land or lands acquired by the United States.  This is where Mr. Spaulding’s interpretation is wrong.  The Red Lake Chippewa Indian Reservation was reduced from 15,000,000 acres to less than 1,000,000 acres through a series of forced cessions per the Treaty of the Old Crossing (1863), the Nelson Act (1889) and a final cession in 1902.  The Nelson Act of 1889 ceded about 2/3 (2,000,000 acres) of the Red Lake Chippewa Indians Reservation, however, the treaties also delimited about 1,000,000 acres for the Red Lake Chippewa including the waters of Red Lake which were never ceded.

 

The 1863, 1889 and 1902 Treaties were negotiated between the United States of America and the Red Lake Chippewa, these were Nation to Nation negotiations and they were not state or individual to Nation negotiations.

 

The Red Lake Chippewa ownership status was brought before the United States Court of Claims No. H-76 and ruled January 14, 1935 that the Red Lake Chippewa are the sole owners by right of original Indian occupancy, the lands having never been ceded to the United States.

 

The ruling of the United States Court of Claims was affirmed by the United States Supreme Court in a ruling decided May 17, 1937.  The diminished Red Lake Indian Reservation which includes the waters of Red Lake and remaining land area was NEVER CEDED to the United States.  This area is our aboriginal homelands; we are sole owners of the largest remaining tract of aboriginal land owned by an Indian Tribe in the United States.  All the land and water within the diminished Red Lake Reservation boundaries is owned in common by ONLY enrolled members of the Red Lake Chippewa Tribe.  For this reason the Red Lake Reservation is classified as a closed reservation.  

 

Therefore, the United States or the State of Minnesota cannot give away or regulate something they do not own.

 

Since the information presented by Mr. Spaulding appeared in a few local papers there have been comments by various uninformed and negative wannabe politicians that Red Lake Tribal Members should not be allowed to vote in state elections or receive state funding.  It is a known fact candidates who understand our issues receive more votes from Red Lake Members than candidates from other political groups.

 

Red Lake members should be allowed to participate in any election they so choose.  Our people have fought and died for this land long before the first settlers.  Members of the Red Lake Chippewa have actively participated in every war as allies of the United States since the Civil War.  In fact we recently held a ceremony honoring our young people who are serving our country in Iraq and Afghanistan.  We have always enlisted in the military because we are Warriors, it is our duty, and we love this land.  We have earned the right to VOTE.

 

I agree funding to the Red Lake Chippewa should be allocated directly from the United States to the Tribe.  The present arrangement allows for federal funds to be allocated to the state than to the Tribe through the filter down process, thereby we are forced to share federal funds with state and county bureaucracy.  We have always maintained and earned the right to be dealt with as Nation to Nation.

 

Based on the negotiated Treaties and Cessions stated earlier, it is a trust responsibility of the United States to provide a fiduciary obligation to Tribes as long as the grass grows and the rivers flow.

 

There are individuals that have stated that we should not receive federal funding; however, if the United States were to extinguish these agreements, then government agencies such as the; BIA, FBI, IRS, EPA, FDA, Gaming Commission, U.S. Army Corp of Engineer and any other federal regulatory agency would no longer have control over Tribal operations and we would become a separate nation. 

 

I know that the opportunities for various business arrangement are unlimited if we were allowed to exist as our own nation.  This could be an extremely exciting option.  

 

Mr. Spaulding struck a nerve with our people exhibiting extreme disrespect, arrogance and lack of understanding of the actual facts of the rights of our people and nation.  We have always attempted to be good neighbors, to improve our lives and become business associates and friends with our neighbors. However, this type of thinking forces us again into a protective mode.  We are proud of our land and our lake and we hold them sacred.  We thank the Creator for selecting us to be the protectors of this sacred land and water. 

 

This was our inheritance from our forefathers and now we stand ready to protect our land and lakes so our children can have their inheritance.  The Red Lake Reservation land and lakes are the greatest gifts we will give our children and grandchildren.

 

Peace Brother

 

 

 

 

Harlan R. Beaulieu

Red Lake Tribal Member

 

P.S.  Mr. Spaulding, all my brothers would love to take you fishing.