The Red Cliff Tribal Council is the elected governing body of its
citizens - Red Cliff tribal members. As a federally-recognized tribe, Red,
Cliff has met the standards set forth by the United States in establishing
and maintaining government-to-government relations. These standards came
under the 1934 Indian Reorganization Act (Wheeler-Howard). The main criteria
for a tribe to be recognized is that they adopt a representative form of
government under a constitution and by-laws. In doing so, Red Cliff, like
most other U.S. tribes, became eligible for various U.S. programs and
services.
Red Cliff passed its original constitution and by-laws on June 15, 1935.
It was recommended for approval on May 26,1936 by J.C. Cavill, BIA Agency
Superintendent and was approved on June 1,1936 by John Collier, Commissioner
of Indian Affairs and Harold L. Ickes, Secretary of the Interior. This
document was amended by constitutional referendum in 1990. This amendment
changed numerous articles including Articles I -Territory and Jurisdiction;
II - Membership; III - Governing Body; IV - Nominations and Elections; V -
Vacancies and Removal from Office; VI - Powers. It also added Article VII -
Gender Neutrality: "Throughout this document, words which import on gender
shall be applied to any gender." Before Tribal Government
The Red Cliff Tribal Government is the political successor to more
traditional forms of governance. These forms including hereditary and clan
leadership was radically changed during and following the treaty era; more
research to ascertain the actual type of governance is continuing. Before
there was a Red Cliff Reservation there was a vibrant village life on
Madeline Island. For many generations this island was recognized as the
headquarters of the political group known as the Lake Superior Chippewa. The
LaPointe Band, lead by Chief Buffalo, was part of the larger group; others
resided inland which we today know as the other Chippewa reservations. The
Lake Superior Band, consisting of villages in three states, was just one of
many Bands which make up our nation - The Anishinabeg. Red Cliff emerges out
of series of treaties between the United States and the Lake Superior
Chippewa. The most relevant treaties include the 1835 Treaty at Prairie du
Chien, the 1837 Treaty at St. Peters, and the 1842 Miners Treaty and 1854
LaPointe Treaty on Madeline Island. The latter treaty established the
current reservations.
This 1854 LaPointe Treaty was a negotiated agreement by Chief Buffalo
after the U.S. had previously threaten to remove the Lake Superior villages
to Sandy Lake, Minnesota. When it was clear that there was widespread
resistance to the Presidential Removal Order which was likely to end in open
warfare, Buffalo travel to Washington and got the order rescinded; Wisconsin
citizens had also signed petitions opposing the removal of the Chippewa.
Red Cliff however is unique in that it was not created specifically from
the 1854 Treaty. Buffalo, then Living on Madeline Island, was award land at
Red Cliff for his role in the treaty negotiations (the Buffalo Subdivision).
This award of four sections was the beginning of what became the Red Cliff
Reservation. Except for Buffalo and his family, all other LaPointe Band
members were slated to go to the Bad River Reservation at Odanah. However,
many resisted that and settled on the Buffalo Estate; there is historic
evidence that many people had previously had camps at Red Cliff.
When is became clear that the Buffalo Estate would not support the
population and they refused to go to Bad River, Red Cliff becomes attached
to the 1854 Treaty. The boundaries of the Buffalo Estate are expanded to
accommodate those now on the mainland at Red Cliff. In 1863, the United
States Senate amended the provisions of the treaty and set aside
approximately 14,000 acres for the Red Cliff Reservation. Following surveys
about 200 allotments were issued for these lands.
The final allotment role was published in 1896, listing all those who
eventually became members of the new Red Cliff Chippewa Reservation. In
subsequent years, in order to be eligible for Red Cliff membership, you had
to show direct lineage to this allotment role or be listed on the 1934
census. Unlike some reservations requiring 1/4 or more blood quantum for
membership, lineage was the criteria. From Sovereignty to IRA (Domestic
Dependent Nations)
Red Cliff, like other Lake Superior Chippewa, inherited a unique
political legacy -legal scholars say it precedes even the United States. The
limited sovereignty recognized today emerges out of the mist of history long
before European contact. This sovereignty comes from being a distinct
identifiable people; the United Nations says we have sovereign rights if we
meet the criteria of territory, language and culture. When the warring
colonists ended their battles, the victors did acknowledge that actual land
title remained in many cases with native people. Although most of this
native land was eventually lost (100 million acres between 1870's and 1920's
alone), much of the initial loss came from treaties. Many of them were
cession treaties, which sold to the United States large portions of the
traditional homelands. However, though the lands were lost, these documents
did and do recognize native sovereignty. Regarding the treaties, they
document what was given by the native people to the United States; that
which remains is that which we always had and have not lost or sold.
So Red Cliff, as part of the Lake Superior Chippewa, has residual
sovereignty. Though much of it has eroded over the years, much still
remains; and it carries legal weight. The term most often used to explain
this residual sovereignty comes from a Supreme Court case in the 1830's
involving the Cherokee. Then Chief Justice John Marshall, in an attempt to
withstand even more aggressive policies, said that native people were
"domestic dependent nations." This meant that while our external sovereignty
was extinguished by the overwhelming control of the United States, our
internal sovereignty remained intact. While we can't engage in international
relations, we can control issues within the boundaries of our reservations
as well as protect rights reserved in treaties and under other courts
decisions and laws. Citizenship
Red Cliff, like other Chippewa and most other native groups, accepted
U.S. citizenship when Congress unilaterally passed the 1924 Indian
Citizenship Act. The most popular reason given is that native people were
being rewarded for involvement in World War I. However not all native people
accepted this citizenship. Noted native scholar and traditional Iroquois
leader Oren Lyons argues that they rejected citizenship because it further
eroded remaining sovereignty. He said that by accepting citizenship it would
also diminish native claims and the recovery of stolen lands. The
Citizenship Act says that in accepting U.S. citizenship native people may
also retain tribal citizenship, a further acknowledgment of internal
sovereignty. Once the act passed Wisconsin natives automatically became
state citizens under the state constitution. Yet, discrimination and threats
to our remaining rights continued. It wasn't until 1954 that it became legal
for Indian people to enter a bar and be serve liquor. Public Law 83-280 - To
Retrocede or Not, that is the Question
The 83rd Congress passed Public Law 280 as one of the ways they were
pushing the termination of Indian people and lands. The tactics used
included assimilation, reduced federal assistance, and in some cases actual
legal termination of tribal status; the Menominee was one such tribe
terminated though they regained status under President Nixon. PL 280 gave
the state jurisdiction over Indian reservations which until they was viewed
as federal jurisdiction; proponents argued it would reduce crime. Five
states including Wisconsin were mandated to assume criminal jurisdiction of
Indian Reservations. Other states were given the option to assume
jurisdiction.
Related State Laws
- COUNTY TRIBAL COOPERATIVE LAW ENFORCEMENT PROGRAM: Provides
that any county that has one or more Indian Reservations with its
boundaries may enter into an agreement with an Indian tribe to establish a
cooperative county-tribal law enforcement program.
- ACT 31 - EDUCATION: Requires curriculum development for grades
4 - 12 on Chippewa treaties; requires school boards to include history,
culture and tribal sovereignty on all Indian tribes in Wisconsin; human
relations education on American Indian, Blacks and Hispanics; teacher
licensing requirements for minority group relations and tribal culture,
history and sovereignty.
- GAMING: The Governor is authorized to enter into any Class III
gaming compact that has been negotiated under 25 U.S.C. s. 2710 (d), the
Federal Indian Gaming Regulatory Act. Related Federal Laws
- INDIAN REORGANIZATION ACT (1934): To rehabilitate the Indian's
economic life and to turn around the Allotment Act and other policies
which saw a century of oppression, paternalism and land loss.
- SELF DETERMINATION AND EDUCATION ACT (1975): Policy shift which
began in the late 60's which affirmed the rights of Indians. Act required
federal agencies to permit qualified tribes to administer the federal
government's Indian programs on the reservations. Related acts in this
period included the Indian Financing Act, Native American Programs Act and
the Buy Indian Act. Related Court Action Gurnoe v. Wisconsin: Rights to
treaty fish in Lake Superior 1854 Treaty; Voigt Decision: Rights to
off-reservation 1837, 1842 and 1854 treaty rights within the Lake Superior
Chippewa ceded territories.