Originally Posted By: cohoangler
The Treaties did NOT provide the Tribes with anything.

From article 4 of the Medicine creek treaty. "In consideration of the above session, the United States agree to pay to the said tribes and bands the sum of thirty-two thousand five hundred dollars"

Coho Angler, you say that the Tribes had the right to fish and hunt "since time immemorial" Just what do you mean? Did they have the right that you speak of by their very existence or was the right granted to them? It would seem to me that the right as you call it was tenuous at best. Did they not exist in a time and place where another group or Tribe could do as they pleased with or to them if they were strong enough and had the will to do so? So the treaty also provided the Tribes with an amount of certainty and security in and of their current situation and in the future.

Originally Posted By: cohoangler
those rights would exist even if the Treaties were terminated.

If the Treaties were abrogated the Tribes would have the same rights that they had before the treaty, which in reality is any right that is defendable by them.

As far as the Courts interpretation of "The right of taking fish, at all usual and accustomed grounds and stations, is further secured to said Indians in common with all citizens of the Territory" Consider that the courts history is replete with bad interpretations and decisions, and they can and have been changed, consider Dread Scott.



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