The Bush administration is again questioning whether
the Cherokee Nation of Oklahoma excluded the Freedmen from
participating in the tribe.
In an August 30 letter, associate deputy Interior secretary Jim
Cason said African-American descendants may have been wrongly denied
a vote in a recent tribal election.
He told Cherokee Chief Chad Smith that the rights of the Freedmen
should be addressed in light of pending amendments to the tribal
constitution.
The constitution was approved by Cherokee citizens in 2003.
It was submitted to the Bureau of Indian Affairs for
federal review but officials questioned why
the Freedmen, descendants of African slaves, were denied a vote.
At the time, Smith threatened to bring a prominent delegation of Cherokee
officials, including former chief Wilma Mankiller, to Washington
if the constitution wasn't approved. He sought high-level intervention
because he claimed a regional official in Oklahoma showed
a "patronizing and very paternalistic" attitude towards the tribe.
Three years later, Smith dropped his campaign. He said
a decision from the Cherokee Nation's top court gave the tribe the ability
to change its constitution "without interference from outsiders."
But in the letter, Cason refuted Smith's interpretation and said
the new constitution has not received federal approval.
He cited a different tribal court decision that required the
Cherokee Nation to accept the Freedmen as citizens.
"The Allen decision suggests that not all persons who were
entitled to membership in the nation were considered eligible
to vote in the 2003 elections, which purported to adopt the
constitutional amendments," Cason wrote, referring to the
Freedmen ruling.
Cason's letter is significant because the BIA would have to reject
the constitution if the Freedmen weren't allowed to vote.
The agency was prepared to take that step until
Smith, back in the summer of 2003, sought the help of
former deputy Interior secretary J. Steven Griles, who was
Cason's boss.
There isn't anything in the record to indicate Griles did anything to help the
tribe. But Smith claims that former assistant secretary Neal
McCaleb, a member of the Chickasaw Nation in Oklahoma, approved
the tribal constitution.
Cason, however, said that wasn't the case either. "While
we can appreciate Mr. McCaleb clarifying what he intended,
his stated intention is not an adequate substitute for
the necessary action of actual approval," the letter reads.
The Chickasaws also have Freedmen citizens, though not
as many as the Cherokees.
The issue is crucial because the 2003 constitution
would eliminate the need to submit future amendments to the BIA.
The tribe could permanently block Freedmen from citizenship
without recourse from federal agencies.
The Seminole Nation tried to do that with its constitution.
But the BIA forced the tribe to accept its Freedmen after
cutting all federal funds.
The BIA regional office in eastern Oklahoma was taking the same position
on the Cherokee constitution before Smith took his complaints
to Washington, where Ross Swimmer, a Cherokee citizen, holds one of
the highest offices at the Interior Department.
Advocates for the Freedmen say Swimmer, when he served
as chief in the late 1970s and early 1980s,
also tried to keep the Freedmen from participating in the tribe.
Since the Allen decision this past March, more than 1,000
Freedmen have regained citizenship in the tribe.
But some tribal members are circulating a petition to
change the constitution to block the Freedmen.
The constitution does not contain a blood quantum requirement
and membership is open to Cherokee, Delaware, Shawnee or
Freedmen descendants whose ancestors appeared on the Dawes Roll.
Smith and others have called for the Cherokees to be an "Indian"
nation, by blood.
Cason Letter:
Cherokee Nation Constitution
(August 30, 2006)
Cherokee Nation Judicial Appeals Tribunal Decision in Freedmen Case:
Allen
v. Cherokee Nation (March 7, 2006)
Relevant Links:
Freedmen Of The Five Civilized Tribes - http://www.freedmen5tribes.com
Freedmen
Conference - http://www.freedmenconference.com
Stay Connected
Contact Us
indianz@indianz.com202 630 8439 (THEZ)
Search
Top Stories
Trending in News
1 Tribes rush to respond to new coronavirus emergency created by Trump administration
2 'At this rate the entire tribe will be extinct': Zuni Pueblo sees COVID-19 cases double as first death is confirmed
3 Arne Vainio: 'A great sickness has been visited upon us as human beings'
4 Arne Vainio: Zoongide'iwin is the Ojibwe word for courage
5 Cayuga Nation's division leads to a 'human rights catastrophe'
2 'At this rate the entire tribe will be extinct': Zuni Pueblo sees COVID-19 cases double as first death is confirmed
3 Arne Vainio: 'A great sickness has been visited upon us as human beings'
4 Arne Vainio: Zoongide'iwin is the Ojibwe word for courage
5 Cayuga Nation's division leads to a 'human rights catastrophe'
More Stories
Excavation uncovers village at development site Harjo: Urban Indian health funding still at risk
News Archive
2018 | 2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000