Bad River Update October 4

1842 TREATY ANNIVERSARY

On October 4, 1842 the Lake Superior Chippewa ceded to the United States large portions of our homeland, including northern Wisconsin and the western portion of Michigan's upper peninsula including areas surrounding the White Pine mine.

The 1842 Treaty, like other cession treaties, reserved from sale the right to hunt, fish and gather. The United States (and subunits) agreed to the terms of the sale and in subsequent deals, laws, executive orders and court decisions also became "trustees" on behalf of the Lake Superior Chippewa's remaining interests in this ceded territory.

However, when these territorial interests were annexed to the Union they forgot about these deals. Here in Wisconsin, following nearly a century of ecological devastation, the new state formed what eventually would become the Department of Natural Resources. Since the turn of the century until January 1983 the state was engaged in illegal arrest and seizure of Lake Superior Chippewa hunters, fishers and gatherers.

But, that world changed when the 7th Circuit Court of Appeals found Wisconsin guilty of these illegal acts and enjoined them from further illegalities. This ruling, popularly known as the "Voigt Decision" (named after Lester P. Voigt, WDNR Secretary) should have put to rest any ambiguity over our ceded territory treaty rights.

However, Thompson, his top aide James Klauser (a former EXXON lobbyist) and George Meyer, the new DNR Secretary continue to ignore this ruling. After years of bitter violence on the boatlandings the state was forced to accept the law. But like de facto segregation continued long after the civil rights laws were in effect, de facto abrogation of treaty rights continues - particularly regarding the threat to ceded territory by mining insterests.

Governor Thompson and his Great Lakes governor buddies such as Michigan's Engler have ignored and thus usurped these legitimate property interests of the Chippewa. But, in the process they have also put the region and it's people in harms way, with the proposed massive metallic sulfide mine at the headwaters of the Wolf River near the Mole Lake Chippewa reservation and now in supporting the White Pine mine on Lake Superior.

And, the trustees - the United States have rolled over to this pressure. Either the federal courts are correct and the Lake Superior Chippewa have legitimate property interests in ceded territory or we don't. If we do, then the White Pine acid mine, its former and future smelting operations and the unreclaimed tailings pond from conventional mining has and is damaging those rights, without our interests being protected.

The EPA, in ignoring this trust responsibility, is violating the constitutionally defined and protected rights of the Lake Superior Chippewa. Either they don't understand their role and should step aside for someone who does, or they are deliberating engaged in de facto abrogation of treaty rights. If this were a school district violating a desegregation order federal troops would have been sent in long ago - to protect the Chippewa.

But now, us Chippewa find ourselves in the most peculiar of circumstances. After a century of lost suppers, jailed uncles and grandfathers and with a promise by the federal courts that things will change, things have actually gotten worse. Instead of preventing the catching of fish and arresting individual tribal members they are participating in the wholesale threat to entire fisheries, rivers and entire regions of habitat.

Yes, we can spear a fish but if our sister eats it and wants to get pregnant or breast feed she will poison her body or her unborn child. Enough is enough. In relying on the federal courts decision both White Pine and Exxon's mining activity are treaty violations. And, until recognized by the states, all other such massive resource extraction is likewise a treaty violation. Either our tribal governments must lead in defense against these violations or, like last summer at Stern's Crossing, those who understand will.

On this anniversary of promises between the Lake Superior Chippewa and the United States it is unconscionable that Governor Thompson, who openly carries dirty water for the mining interests, be treated in anyway other than the threat he is to our rights and region. Like Wisconsin Central he should be run out of town until he understands the law and the people.

And, until the EPA understands its responsibility under the law, the tribal governments should declare the mine illegal, the mining cargo illegal throughout ceded territory, and assemble whatever is necessary to defend out rights. On October 8, the Roseau River Chippwa Tribal Govenment in Canada have announced a "Blockade for Treaty Rights". When, I wonder will our governments do likewise.

When Rosa Parks said NO, that her feet was tired and that she wasn't going to go to the back of the bus, she didn't need an okay from Dr. King, NAACP, SNCC, the Governor or the President - she had a constitutional right. Had Dr. King said, "Rosa, they're going to give us a million dollars if you just go back two seats," I know what Rose would have said: "Martin, this is your stop - it's time for you to get off."

Lake Superior Chippewa members, the beneficiaries of promises legally bound in treaties have a right to defend their interests. Until our rights are recognized we have a duty to say NO. When Dick Gurnoe was arrested for fishing in Buffalo Bay and eventually acquitted by the State Supreme Court, he said NO. When the Tribble Brothers were cited for violating state game laws and eventually acquitted by the U.S. Supreme Court, they said NO. (That case, by the way, was heard on October 3, 1983 - the state was denied cert.

And, as one Lake Superior Chippewa, I say NO. Either the treaties are the supreme law of the land, affirmed by the federal courts, or they are not. If in the process of what will follow we set bad legal precedent, this will much better than doing nothing while our future is endangered. I'd rather lose a court battle than not fight for Lake Superior.


Walt Bresette is a Lake Superior Chippewa from the Red Cliff Reservation. He co-authored a book on Chippewa treaties surrounding the "Voigt Decision" and this summer helped organize a ceremonies which stopped acid transport across the Bad River Chippewa Reservation.




Khaddafi Proposes Business Venture to Recover Copper from Abandoned Mine Clinton Calls Top Advisors to Determine Appropriate Response

An emergency session of the National Security Council was called when the State Department was alerted to a bizarre plot by noted Libyan dictator Mohamar Khaddafi to poison the fresh water reserves of the U.S. and Canada

U.N Ambassador Madeline Albright has been asked to call a special session of the U.N. Security Council to garner international support for additional sanctions against Khaddafi.

"If we have to go it alone we will," said Albright. "However we fully expect that our allies, especially Canada with their known environmental concerns, will side with us. He may be able to advance terrorism in the Middle East, but we drawn the line in the Midwest."

Calls to Khaddafi's palace were not returned but the streets of Tripoli were filled with shoppers stocking up on emergency items in anticipation of yet another bombing attack by the U.S.

A press statement was released last week by Libyan officials over Radio Free Africa which said there is a huge misunderstanding and called the stepped-up alert in the U.S. an overreaction.

"The proposed recovery of the remaining ore in the abandoned White Pine mine is a simple, safe and economically solid business venture," began the report. "Besides, this is just a 'pilot' project and we don't know if we'll want to go forward."

It's clear however the Clinton Administration is taking no chances with their long term Mideast nemesis. The 7th Fleet, scheduled to return to base following the recent Kurdish crisis in Iraq, according to Pentagon sources, has been dispatched within striking distance of Tripoli.

VicePresident Gore, noted author of the best selling "EARTH IN BALANCE - Ecology and the Human Spirit," is heading up the White Pine Task Force. Over the weekend Gore was seen at Camp David with the Secretary of State and the Joint Chiefs of Staff.

"With the track record of this two-bit dictators it's clear that this so called pilot project is just the first step in destroying our nation's fresh water reserves," said an unusually angered Gore. "They have lied to us before and we cannot risk Lake Superior; this is a national security issue.

"If we have national reserves of oil, gas, coal, wheat and peanut butter, shouldn't we also have a national fresh water reserve?" Gore asked. "It's unfortunate that this has been overlooked but the President has assured me that if re-elected he will sign legislation declaring Lake Superior and Outstanding National Resource Water which will prevent these threats in the future."

Gore is also calling for congressional hearings on those U.S. officials who may have been involved in this hideous plot. Security officials have said that a little known Wisconsin operative named Chuck Ledin with the state DNR "may be the Ollie North;" but other sources think that all of the Great Lakes Governors may be involved. James Klauser, a known international operative has recently hinted he may be stepping down from his post with Governor Thompson.

Once polling results are complete it is anticipated that a "proportional" bombing strike may be launched at Libya. "We are leaving all our options open, "said Gore. "But we certainly haven't ruled anything out. You can expect something before election day."

The above silly scenario is all I could come up with following the recent EPA hearings on the White Pine acid mine. Fortunately Mr. Khaddafi is not involved. However, had he been, with the exact same proposal by Canadian-based INMET to the White Pine mine, I'm certain the U.S. response would be different.

Instead of EPA hearings in Ashland to decided if there should be 11 billion gallons of sulfuric acid solution stored permanently in a leaky toxic hole five miles from Lake Superior, the bombers would already be heading for the Mideast.

With the process now by INMET to get a permit to restart their smelter to deposit the waste sulfuric acid into this leaky, toxic hole, the outcome is the same. At stake is the fresh water reserves as the Midwest minerals district becomes a reality.

I'll end by quoting Gore, this time directly from his book: "The fourth strategic threat to the global water system is the worldwide contamination of water resources with the chemical pollutants produced by industrial civilizations."


a fictional presentation of a real crisis in the making:
by Walt Bresette