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Satz, Ronald N. / Transactions of the Wisconsin Academy of Sciences, Arts and Letters
volume 79, No. 1

End notes,   pp. 199-207 ff. PDF (3.2 MB)


Page 201


Chippewa Treaty Rights
(Dodge 1847b, 1086). A knowledgeable St. Paul trader referred to Warren as
"the
only correct interpreter in the Chippewa nation" (Rice 1847). For
additional
in-
formation on Warren, see Babcock (1946).
     16. On the value of oral traditions in understanding the past, see Buffalohead
(1984, xiv).
     17. Strickland, Herzberg, and Owens (1990, 7 n. 13) define this term
as
follows: "A usufructuary right is the right of a person (or group)
to
enjoy, use, or
harvest something to which that person does not have actual title. This principle
is
an established part of anglo-American law and is not limited to the treaty-rights
sphere. Any person (or group) may reserve a usufructuary right in property
they
sell or give to another. This usufructuary right is then protected under
property and
contract law principles. For example, any landowner is able to convey a piece
of
land and lake to another, but provide in the sales contract that the seller
and his
heirs will be able to fish in the lake forever. If this is done, under contract
and
property law principles the seller may use the courts to enforce the promise
made
between the parties at the time of sale."
     18. For information on Copway, see Smith (1988).
     19. For information on the origins and use of the annuity system by
federal
officials as a means of social control, see Satz (1975, 104-05, 134, 143,
145, 222,
230, 246-48, 276-77, 279 n. 3, 293).
    20. Historian Paul W. Gates claims that prior to the 1837 Chippewa Treaty,
"the government was well ahead of the land buyers in the negotiations
for Indian
cessions, the surveying of the ceded lands, and the public offering of the
lands"
in Wisconsin. By September 30, 1836, Indian title had been surrendered to
18,512,437
acres, surveys completed on 8,679,605 acres; some 4,807,307 acres had been
offered for public sale, and the government had sold 1,5051,921 acres (1969,
306
n. 1).
    21. There are conflicting opinions on the extent of forest cover and
deer
population densities in early northern Wisconsin; compare Habeck and Curtis
(1959),
with Schorger (1953).
    22. In 1840 Wisconsin territorial delegate John Doty informed Congress:
"The
Territory of Wiskonsan has as many lakes within her borders as the Empire
State,
and bids fair, from her fine forests, her copper, her lead, her iron, her
zinc, her
incomparable fish, her fertile soil, and, above all, her proverbially salubrious
cli-
mate, to at least equal any other portion of the republic" (Doty
1840,
5).
    23. In 1862, a committee of the U. S. Senate reported that the copper
region
acquired in 1842 contained "the richest and most extensive deposits
of that metal
yet discovered in the world." See U. S. Senate Committee on Military
Affairs and
the Militia (1862, 3). For an interesting account of excavations of early
sites and
illustrations of artifacts found, see Griffin (1961).
201


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