Monday, March 05, 2007

NDN Newz: Western Cherokee Oust Freedmen Descendents

My comments, in red, follow the article:

Cherokees Pull Memberships of Freed Slaves

OKLAHOMA CITY (March 4) - The Cherokee Nation vote this weekend to revoke the citizenship of the descendants of people the Cherokee once owned as slaves was a blow to people who have relied on tribal benefits.

Cherokee Nation spokesman Mike Miller said that services currently being received by freedmen descendants will not immediately be suspended.

Charlene White, a descendant of freed Cherokee slaves who were adopted into the tribe in 1866 under a treaty with the U.S. government, wondered Sunday where she would now go for the glaucoma treatment she has received at a tribal hospital in Stilwell.

"I've got to go back to the doctor, but I don't know if I can go back to the clinic or if they're going to oust me right now," said White, 56, a disabled Tahlequah resident who lives on a fixed income.

In Saturday's special election, more than 76 percent of voters decided to amend the Cherokee Nation's constitution to remove the estimated 2,800 freedmen descendants from the tribal rolls, according to results posted Sunday on the tribe's Web site.

Marilyn Vann, president of the Descendants of Freedmen of the Five Civilized Tribes, said the election results undoubtedly will be challenged.

"We will pursue the legal remedies that are available to us to stop people from not only losing their voting rights, but to receiving medical care and other services to which they are entitled under law," Vann said Sunday.

"This is a fight for justice to stop these crimes against humanity."

Cherokee Nation spokesman Mike Miller said Sunday that election results will not be finalized until after a protest period that extends through March 12. Services currently being received by freedmen descendants will not immediately be suspended, he said.

"There isn't going to be some sort of sudden stop of a service that's ongoing," Miller said. "There will be some sort of transition period so that people understand what's going on."

In a statement late Saturday, Cherokee Nation Principal Chief Chad Smith said he was pleased with the turnout and election result. "Their voice is clear as to who should be citizens of the Cherokee Nation," Smith said. "No one else has the right to make that determination. It was a right of self-government, affirmed in 23 treaties with Great Britain and the United States and paid dearly with 4,000 lives on the Trail of Tears."

The petition drive for the ballot measure followed a March 2006 ruling by the Cherokee Nation Supreme Court that said an 1866 treaty assured freedmen descendants of tribal citizenship.

A similar situation occurred in 2000 when the Seminole Nation voted to cast freedmen descendants out of its tribe, said attorney Jon Velie of Norman, an expert on Indian law who has represented freedmen descendants in previous cases.
"The United States, when posed the same situation with the Seminoles, would not recognize the election and they ultimately cut off most federal programs to the Seminoles," Velie said. "They also determined the Seminoles, without this relationship with the government, were not authorized to conduct gaming."

Ultimately, the Seminole freedmen were allowed back into the tribe, Velie said.

Velie said Saturday's vote already has hurt the tribe's public perception.

"It's throwback, old-school racist rhetoric," Velie said. "And it's really heartbreaking, because the Cherokees are good people and have a very diverse citizenship," he said.

Miller, the tribal spokesman, defended the Cherokees against charges of racism, saying that Saturday's vote showed the tribe was open to allowing its citizens vote on whether non-Indians be allowed membership. "I think it's actually the opposite. To say that the Cherokee Nation is intolerant or racist ignores the fact that we have an open dialogue and have the discussion, he said.

Before I begin: I am an Eastern, not Western, Cherokee. This act doesn't affect my Band or its people....outside of the fact that we are all, in our core, Aniyunwiya.

Not too long ago, I wrote a post about the Western Cherokee, and their decision to outlaw gay marriage. I was shocked and disgusted. But honestly? I never saw THIS coming.

People who have been Cherokee since the 1800's....suddenly, are no longer Cherokee? Is this not as outrageous as the inequities of the Dawes Rolls, in which many Cherokee were summarily dismissed as "not Cherokee enough" by the government, and thus, not a member of the Tribe? Have we not been enraged by that action for decades and decades? And now...the Western Cherokee are guilty of the same. They have deemed some people, whose parents were Cherokee and grandparents and greats were Cherokee, "not Cherokee enough." HORRIFIC!

Have we not been outraged, for centuries, by treaties made in good faith, and broken by the US government? And now, the Western Cherokee have broken their treaty with the freedmen descendents. HYPOCRISY!

Have we not been outraged, for more years than this country has even been a nation, by the treatment of our elderly and disabled? This action taken by the Western Cherokee cannot but contribute to that ill treatment. UNTHINKABLE!

Mike Miller claims the Western Cherokee are not bigots. They are not intolerant. But first they outlaw gay marriage, and now, they are revoking citizenship of those deemed "unworthy."

Mr. are wrong. This action is the height of bigotry and intolerance. And the elderly, the poor, the disabled, the little children....will be the ones to suffer for it.

That suffering, voters of the Western on your hands. what you can, now, to relieve it. Judge no one as "unworthy" or "not Cherokee enough." Remember always, how there have been those to make that judgement against YOU. Remember that Trail of Tears the cheif mentioned so glibly...remember that it was started by those who deemed the Cherokee unworthy. Do not follow in their footsteps.

End this madness.



At 10:35 PM, Blogger The Local Crank said...

Yeah, this can't end well. The anti-Freedmen forces, with their blatantly fraudulent petition drive (noted by Justice Leeds of the Cherokee Supreme Court in her dissent) and ugly racist rhetoric ("Protect our daughters!") have already caused the federal courts to revoke the tribe's sovereign immunity so the Freedmen can sue. Now we face the prospect of the June tribal elections being cancelled by a federal judge or disavowed by the BIA (which is what happened to the Seminole when they tried precisely this trick a few years back). Either one of these results, whether it results in justice for the Freedmen or not, will be a body-blow to tribal sovereignty.

At 5:01 PM, Blogger Charles-A. Rovira said...

The actions of the Elders are shameful and will ultimately not stand.

Some bigoted chief got his knickers in a twist and now others have to pay the price.

At 12:57 PM, Blogger Pixie LaRouge said...

I've been curious to get my butt over here and hear what you have had to say about it. Being married to a man who is (contrary to his pasty white skin) Cherokee, we followed this vote closely. I am disgusted that anyone who has a legitimate claim of acts of racism and bigotry can commit the same acts. I find myself thinking bitterly that we all really do seem to be one people...


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