Since Time Immemorial - page 4

1850s
The U.S government made
treaties with tribes of the Pacific
Northwest. Tribes granted the U.S.
government land while retaining
certain rights like hunting, fishing, and
gathering in their usual and accustomed
stations. However, the language barriers
between the tribes and the non-natives
were as such that the tribes were
put at a disadvantage. The Treaty of
Medicine Creek in 1854, for example,
was deemed so unfair that President
Franklin Pierce later granted the tribes
an additional 4,700 acres in 1857. Over
the next 100-plus years the tribes’ rights
would continue to be challenged.
1887
In the U.S. vs. Taylor, the Yakama
tribe filed
a lawsuit
because
settler
Frank Taylor
fenced off
his land and
prevented
Yakama access to fishing. In this
instance, the courts ruled that tribes
had the rights to the land.
1894
Over time, however, the tribes’
rights were challenged with the
arrival of advanced fishing technology
and large fishing boats. In 1894, for
example,
three
salmon
canneries
were
established
in Puget
Sound.
1905
Settlers Lineas and Audobon
Winans who owned property on both
sides of Columbia River acquired
licenses to operate four large fish
wheels that would prevent salmon from
passing through them. The wheels
made fish inaccessible to the tribes.
The Winans’ also prohibited anyone
from crossing their land, barring fishing
access to the tribes. A trial court
decided that the Winans’ were allowed
to ban others from their property,
even if the land had been guaranteed
by treaty for the tribes to use. Later,
the decision was reversed by the U.S.
Supreme Court, restoring the tribes’
fishing rights.
1914
Seufert Brothers Company,
an Oregon salmon cannery, tried to
prevent Yakama Indians from fishing
on Oregon-side of Columbia River
near Celilo Falls. In U.S. vs. Seufert
Brothers Company, the U.S. expanded
hunting and fishing rights outside of
territory ceded by the
tribes. Fish wheels
were later banned
in Oregon in 1926
and Washington in
1934 causing Seufert
Brothers Company to
seek fishing assistance
from tribal members.
However, the amount
of money the Seufert
Brothers Company paid tribal members
for their fish was not always fair.
1960s
As arguments over fishing
rights continued, tribal people were
often blamed for the dwindling fish
populations and so the laws which
protected their rights to fish were
ignored. On some occasions, tribal
people, including women and children,
were chased, punched and tear-gassed
to prevent them from fishing. At the
same time, the Civil Rights movement
swept across the United States. As
African Americans wanted equality,
so did the tribes. Tribal members
participated in freedom rides and
civil rights marches just as supporters
of other groups of people seeking
recognition of rights did. Like the sit-ins
at lunch counters in the South, tribes
participated in fish-ins, when they fished
and refused to leave when ordered.
1968
President Lyn
Johnson passed the I
Act, similar to the Bil
United States Consti
Civil Rights Act, amo
ensured that tribal g
the basic, personal ri
Natives and non-Nat
1970–1974
Followi
60 people at a Taco
landmark trial of U.S.
began. Exercising its
the U.S. government
state of Washington
tribes to secure treat
Feb. 12, 1974
Fed
Boldt issued a ruling
in Western Washingt
the salmon catch, en
to act as co-manager
the harvesting of fish
salmon habitats. Thi
the state of Washing
by non-Natives. This
the Boldt Decision.
June 24, 1974
A c
composed of repres
Western tribes met t
Constitution for Nort
Fisheries Commissio
and bylaws were inte
You’ve learned about tribal sovereignty and the importance of tribes’ rights to continue their
life ways. One area in which tribal sovereignty has been challenged is fishing. The supply of
fish, like the supply of land in Washington, is limited. Since the treaties of the 1850s, there has
been a history of disputes over fishing rights between the tribes and the settlers. Review the
key events leading up to the significant Boldt Decision of 1974.
THE RIGHT TO FISH IN WASHINGTON
4
SUNDAY, NOVEMBER 8, 2015 |
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