On March 13,  2008 a meeting between the Honorable Congresspersons Barney Frank, John Conyers, Diane Watson,and Mel Watt was held with the Assistant Secretary of the Interior Carl Artman in Washington DC. The Congresspersons held the meeting to determine the DOI position on the freedmen and the DOI plans to resolve the issue.

http://64.62.196.98/News/2008/007711.asp

http://www.tulsaworld.com/news/article.aspx?articleID=20080319_1_A9_spanc00421

A letter signed by 35 members of the Congressional Black Caucus was sent to Senate Majority Leader Harry Reid expressing their support for an amendment to HR 2786 (Indian Housing – NAHASDA) linking the Cherokee nations ability to receive Indian housing funds to its continuance of Cherokee freedmen tribal membership:

http://thehill.com/leading-the-news/cbc-warns-reid-on-cherokee-funds-2008-04-03.html

http://64.62.196.98/News/2008/008164.asp

http://64.62.196.98/News/2008/008004.asp

The Honorable Barney Frank, Chairman of the House Financial Services Committee also gave public support to the amendment to HR 2786 encouraging Cherokee nation compliance with the 1866 treaty to receive NAHASDA funds:

http://thehill.com/business--lobby/frank-sides-with-cbc-holds-fast-on-cherokee-funding-2008-04-21.html

http://www.indianz.com/News/2008/008375.asp

News reports indicate that Oklahoma Congressman Tom Cole does not support the 1866 treaty rights of freedmen. Congressman Cole, a member of the Chickasaw nation is running for office again for his seat in the Oklahoma 4^th Congressional District.  The district includes areas such as Stephens, Carter, and Garvin County Oklahoma. 

http://www.indianz.com/News/2008/008355.asp

Some Newspapers have reported that Senator Obama objects to the house version of HR 2786 and HR 2824 

http://www.indianz.com/News/2008/008753.asp

http://thehill.com/op-eds/sen.-barack-obama-and-the-cherokee-freedmen-politics-as-usual-2008-05-13.html

http://www.indianz.com/News/2008/008693.asp

http://www.indianz.com/News/2008/008646.asp

Links to a sample letter which can be used by those who support treaty rights to send to the Senators office.  Faxing is preferable although mailing or emailing letters can also be done.  Please contact other candidates and office holders to support freedmen treaty rights through legislation.  Do not let candidates and office holders take your vote for granted. 

The Muskogee Phoenix published an article on freedmen rights on February 21 2008 which had been written by Marilyn Vann:

http://www.muskogeephoenix.com/archivesearch/local_story_052181025.html

An article on freedmen written by Sean Nordwall, a Cherokee citizen and nephew of former United Keetowah Band Chief  Bill Glory was published in the Tahlequah press:

http://www.tahlequahdailypress.com/archivesearch/local_story_172094436.html

A memorial marker ceremony to honor Stick Ross, a former Cherokee nation councilman who was registered by the Dawes Commission as a freedmen tribal member took place in Tahlequah Oklahoma in 2008.  Stick Ross was elected to the Cherokee council to represent the Tahlequah District in 1893.  The Tahlequah press covered the story in May 2008

http://www.tahlequahdailypress.com/archivesearch/local_story_141100212.html 

Cherokee citizen Steve Russell, a State of Texas Judge and Professor writes the following on freedmen issues:

http://www.indiancountry.com/content.cfm?id=1096416599

http://www.indiancountry.com/content.cfm?id=1096416278

Descendants of Freedmen Association President Marilyn Vann and Attorney Jon Velie were featured on a panel moderated by   Advocate Ron Daniels which discussed freedmen issues at the annual Congressional Black Caucus Foundation meeting. The panel was hosted by the Honorable Congress persons John Conyers and Diane Watson on  September 28^th 2007 at the Washington DC Convention Center. 

http://www.alc2007.com/index.php?option=com_content&task=view&id=10&Itemid=

Descendants of Freedmen Association President Marilyn Vann spoke on Freedmen issues at Michigan State University Law School on November 9^{th 2007}.Information on the event and talk materials is linked below:

http://turtletalk.wordpress.com/2007/11/27/marilyn-vann-talk-materials/

After the illegal March 3^rd 2007 vote to remove citizenship from the Cherokee freedmen – ( most of the disenrolled tribal members  had ancestors who were slaves of Cherokee Indians at the beginning of the Civil War). by amending the illegal 1999 constitution (neither the March  2007  amendment nor the 1999 constitution is recognized by the Department of Interior), world attention has turned to this outrageous crime against Humanity.  Civil Rights organizations, social organizations, as well as members of Congress have made public statements against this outrage.  Approximately 8,000 persons (less than 3 %) of the 280,000 tribal members voted on March 3 2007.  Since the tribe had seized tribal membership cards/voting cards of freedmen tribal members during the 1980s, freedmen were only allowed to register/ re register as tribal members and tribal voters between March 2006 and March 2007 Only a small percentage of the 25,000 freedmen who potentially could have been registered with the tribe were able to participate in the March 3 2007 illegal election. .  

In March 2007, after encouragement from certain members of the Congressional Black Caucus, the Freedmen band of Cherokee nation of Oklahoma was organized as a band (i.e. a tribal entity) in order to better organize Cherokee freedmen tribal members as a political force and in order to better speak with one voice before members of Congress and others. Both the Cherokee tribal constitution of 1975 as well as the treaty of 1866 allow tribal minorities (which includes tribal entities such as Delaware, Shawnee, and Keetowahs be organized as tribal entities and units. )   Cherokee freedmen tribal members attending a meeting in Tulsa Oklahoma approved a band constitution, and elected band officers: Marilyn Vann: Band Chief, Richard Riley, Band Deputy Chief, and Vicki Baker as Secretary and also elected a band council. To get more information regarding the Freedmen Band and to get an application for membership, please contact Marilyn Vann freedmen5nations1@yahoo.com , Richard Riley  ruffkutwood@cableone.net    Vicki Baker:  awbokranch@peoplepc.com

In June 2007, Congresswoman Diane Watson introduced legislation (HR 2428) to remove federal funding from the Cherokee nation and to strip the tribe of its ability to offer 3^rd Class Gaming if the tribe is not in compliance with the treaty of 1866 as it pertains to retaining citizenship of the Cherokee freedmen tribal members.   http://www.house.gov/list/press/ca33_watson/070621.html

http://www.indianz.com/News/2007/003549.asp  Indianz.com links to the actual bill language.

Congresswoman Watson followed up introduction of the bill by attending Fact Finding town hall meetings in Oklahoma in August 20-21 2007:

 http://www.kotv.com/e-clips/news/?date=8/20/2007

http://www.muskogeephoenix.com/archivesearch/local_story_233002812.html

Please contact YOUR Senators and Representatives to SUPPORT THIS BILL if you support treaty rights and believe that Indian nations must follow treaties as well as the US government. . You may find your Senators and Congressman’s, emails, faxes, and phone numbers at: www.house.gov and www.senate.gov

Additionally, amendments have been made to House Bills  HR 2786 (Indian Housing) and HR 3002 ( Tribal Community and Economic Development) to restrict the Cherokee nation from receiving funds until it comes into compliance with the treaty of 1866 as it pertains to Cherokee freedmen citizenship.   http://www.house.gov/list/press/ca33_watson/070726.html

http://www.house.gov/list/press/ca33_watson/070906.html

http://www.indianz.com/News/2007/004794.asp

As of September 21, 2007, the Senate version of HR 2786 was stripped of the amendments (which had been approved by the House) which require the Cherokee nation to be in compliance with the 1866 treaty pertaining to citizenship rights of the Cherokee freedmen tribal members. We ask that all persons who support treaty rights contact your Senators and Congressmen to restore those amendments which require the Cherokee nation to be in compliance with the 1866 treaty in order to receive federal funds from these bills.

  Although the Cherokee  tribe has “temporarily” restored citizenship of the  freedmen tribal members  http://www.indianz.com/News/2007/002904.asp  (through emergency actions of the tribal court after a motion was filed in May 2007 in the Vann case requesting that the federal judge Kennedy strip the tribe of federal funding   http://www.indianz.com/News/2007/002853.asp )  it has identified as freedmen citizens – approximately 2800 persons – we note that  tribal officials have not verified this number with members of Congress who have requested such information, the tribe has NOT registered additional freedmen tribal members since March 2007 and continues to be in non compliance with the treaty of 1866. The tribal constitution - both the 1975 recognized by the US government and the 1999 not recognized by the US government still bars freedmen citizens from running for tribal office which is in violation of the treaty. The tribe has stated in its filing of Cherokee nation defendants opposition to plaintiffs motion dated May 29^{th 2007}  of the Vann et al Versus Kempthorne federal  case that the freedmen not registered with the tribe as of March were “non citizens” who would not be permitted to vote in the June 2007 elections.  The tribe continues to register Delaware, Shawnee, Creeks, Natchez and others who have an ancestor listed on the Dawes rolls that do not have “Cherokee blood”.

During the Week of September 10^th, 2007, the Cherokee nation Council held budget hearings.

Although Cherokee nation Chief Smith talks about the impoverishment of the tribe,  Councilwoman Cowan Watts of District 7 made a motion to specifically earmark  4 million dollars in the tribal Budget for litigation costs of the  Federal Court Freedmen lawsuit Vann Versus Kempthorne. (The tribe was not originally a party to the lawsuit but demanded admittance into the lawsuit for the purpose of  dismissing  the case. The Budget hearings can be heard at the Cherokee nation website. www.cherokee.org    http://www.network54.com/Forum/237458/message/1190219324/      The tribe had already committed $520,000 in litigation fees in early 2007 besides funds which had been spent and earmarked prior to the middle of 2007.

In August 2007, Department of Interior assistant Secretary Artman signed off on the Cherokee nation being able to change the tribal constitutions without federal government approval. He stated in an interview that the tribe is still subject to the 1866 treaty and that the freedmen cannot be kicked out.

http://www.tulsaworld.com/news/article.aspx?articleID=070811_1_A1_spanc80041

Many Civil Rights organizations and Civic Organizations have come out in public support of the Freedmen treaty rights: These include: the National NAACP which has adopted a resolution in 2007 signed by officials Dennis Hayes and Julian Bond in support of the Watson Bill HR 2824

http://www.african-nativeamerican.com/naacp.htm  (the resolution will be added to the Descendants of Freedmen Association NAACP link). 

Other organizations which have given support to the Watson bill and or the Freedmen treaty rights include the national Congress of Black Women:

http://www.african-nativeamerican.com/pressrelease.htm

http://www.african-nativeamerican.com/AKA.htm  Alpha Kappa Alpha Sorority Resolution  of Support

Another statement of support of HR 2824 has been given by George Wycliffe, Chief of the Federally Recognized United Keetowah Band of Cherokees and a former council member of the Cherokee nation   http://www.african-nativeamerican.com/keetoowah.htm

(See also Chief Wycliffes address in the UKB newspaper of August 2007

http://www.shadewebdesign.com/011/Documents/KeetoowahNews/08-07.pdf

http://www.muskogeephoenix.com/archivesearch/local_story_254164538.html

Although Cherokee nation leaders have criticized the Watson Bill based on sovereignty issues and that if passed, the tribe could lose Federal funding, the Cherokee nation in 1991 was successful in having Congress  pass 105 Stat 990 (Act of Nov 13 1991) which has severely limited  the United Keetowah Band, Delaware Tribe, and the Shawnee tribes from receiving Federal funds . (see also 29 IBIA 229  http://www.ibiadecisions.com/IbiaAbcCum/Ibiaabc_u.html . 

Other Elected tribal officials have also questioned the freedmen removal efforts led by the Cherokee nation Principal chief   http://www.indianz.com/News/2007/002868.asp

Illegally disenrolled Cherokee freedmen tribal members have also gained support from non profit Choctaw Chickasaw Freedmen Association which submitted a petition to Congressmen in March 2007.  A statement by official Mr. Verdie Triplett was given on the following KOTV news clip in March 2007:   http://www.kotv.com/e-clips/news/?id=5328

An online petition drive to support the freedmen treaty rights was started by Cherokee citizen John Cornsilk.  http://www.ipetitions.com/petition/Stop-CNO/ We encourage people of all races creeds, and colors to sign the petition.

The nation of Islam and the Indigenous nation’s alliance have also issued resolutions of support of the freedmen treaty rights:      http://www.finalcall.com/artman/publish/article_3305.shtml

Various interviews are on the internet as well as additional stories regarding  freedmen issues:

http://www.npr.org/templates/story/story.php?storyId=7513849

Also: http://archive.wbai.org/       August 23 – Round about Midnight show – 1am)

Worlds Apart TV: http://www.worldsapart.tv/videos.php  February 26 2007 interview – Tribal Tribulations 

http://kotv.com/e-clips/news/?id=6123   Tulsa Demonstration/rally   

http://www.sequoyahcountytimes.com/articles/2007/03/07/news/fronta.txt  Freedmen plan fight

http://www.sequoyahcountytimes.com/articles/2007/07/03/news/eront4.txt

Freedmen turned away from polls

http://www.sequoyahcountytimes.com/articles/2007/04/06/news/front9a.txt

Legislators voice concerns

http://www.indianz.com/News/2007/002345.asp    Demonstration at BIA Muskogee office

http://www.indianz.com/News/2007/002094.asp  Demonstration at Oklahoma State  Capitol 

http://www.indianz.com/News/2007/003029.asp  BIA rejects Constitutional Amendment

http://www.indianz.com/News/2007/002893.asp Tulsa Demonstration /Rally

http://www.indianz.com/News/2007/003320.asp  Cherokee nation sets up Constitutional vote

http://www.network54.com/Forum/237458/message/1186918992/ BIA and Cherokee constitution

http://www.network54.com/Forum/237458/message/1186842185/  Senator Coburn supports Treaty 

The Cherokee nation website www.cherokee.org  continues to call freedmen tribal members “non Indians” although many of these so called “non Indians” can establish that they have Indian ancestors through their Freedmen ancestors Dawes roll census cards, Dawes roll testimonies, and or other tribal and federal government rolls (Guion Miller, 1880 authenticated Cherokee census, etc) made more than 100 years ago. Cherokee Chief Smith continues to imply that the freedmen do not have Indian ancestors and are not listed on the tribes “base roll”. Although Mr. Smith and other tribal officials continuously refer to the “non Indian freedmen roll”, they never admit that the “Cherokee by blood”, “Cherokee by blood Minor” roll, and the “Delaware Cherokee” roll include persons who are identified as “whites” or “adopted whites” who have no degrees of Indian blood.  See testimonies of Richard Byrd on the Descendants of Freedmen Cherokee link in the dawes.pdf file

(http://www.freedmen5tribes.com/dawes.pdf ).  

http://www.indianz.com/News/2007/003565.asp

Because Chief Smith continues to talk about protecting sovereignty, we encourage our readers to read 22ibia 75 ( http://www.freedmen5tribes.com/pdf/22ibia075.pdf  ) where Chad Smith, his father Nelson Smith, and current Cherokee deputy Chief Grayson  (who during the 1990s were all members of the United Keetowah Band) demanded that the Department of Interior not only overthrow a UKB  election but also sever the government to government relations of the tribe with the US government  with a resulting loss of tribal funding.  See  20 IBIA 1 and 20 IBIA 67 http://www.ibiadecisions.com/IbiaAbcCum/Ibiaabc_spt3.html  and  http://www.ibiadecisions.com/Ibiadecisions/20ibia/20ibia067.PDF We point to these decisions to show that when Mr. Smith, his friends and relatives are not in office, they  to use US federal government solutions as opposed to “tribal solutions” pertaining to tribal elections that they demand that the freedmen use. .  

 We encourage those who have questions regarding what is the tribes “base roll” to review the sections of the Dawes Commission ‘Final Rolls which are listed by the Department of Interior letter  dated 2 25 1975 which is posted on the Descendants of Freedmen Cherokee link (identified as bia dawes roll.pdf)

http://www.freedmen5tribes.com/bia%20dawes%20rolls.pdf

We also encourage those who have questions as to whether persons listed as Freedmen by the Dawes commission 100 years ago had documented Indian ancestry to review the Cherokee link of the Descendants of Freedmen website to review various Dawes Census cards and testimony of Dawes enrolled freedmen such as those included in the file labeled unkansas1106.pdf                                        ( http://www.freedmen5tribes.com/unkansas1106.pdf   ) and look at the Testimonies and or census cards of Freedmen Solomon Baldridge and Rachel Walker in which the Dawes commission identifies these persons as having an Indian ancestor. Because the Indian ancestors of persons such as   Baldridge and Walker died prior to September 1 1902 there Indian ancestors were stricken or otherwise not listed on the final “Cherokee by blood roll so that their families would not receive a land allotment for the dead person. (See Cherokee Agreement (32 Stat 716)  Also the Cherokee tribal court determined in the Riggs case, (which is listed on the Descendants of Freedmen website) : http://www.freedmen5tribes.com/pdf/Riggs_Vs_Ummerteskee_JAT97_03_K.pdf

Although Bernice Riggs had an Indian ancestor, the ancestor was not listed on the Cherokee by blood roll. (The Indian ancestor had died prior to 1902 and by Act of Congress was therefore not listed on any section of the Dawes rolls).  Persons such as Bernice Riggs as well as descendants of  Freedmen Solomon Baldridge and Rachel Walker are examples of “non Indians” who tribal officials believe  should be barred from tribal membership  since their Indian ancestors do not appear on the “Cherokee by blood roll” – (the reason of course for that being due to their untimely deaths). Additional testimonies of Freedmen whose Indian ancestors died prior to 1902 (such as Dawes enrolled freedmen Thomas Downing whose 1902 Dawes testimony and Dawes census card identify his father William Downing as a dead “Cherokee by blood”) will be added to the Descendants of Freedmen website so that the public can review for themselves as to whether or not the freedmen rolls are rolls compiled of “non Indians” who do not have Indian ancestors or who lack “Indian blood”.  Descendants of Thomas Downing, Rachel Walker, and Solomon Baldridge are persons who were evicted from the tribe in the March 2007 election due to their being  descendants from “Non Indians”.   

Other Dawes enrolled freedmen who the Dawes Commission recorded that their Indian parents were dead  by 1902  (and whose descendants  have been evicted from the tribal membership  as “non Indians” by the March 3^rd 2007 Cherokee vote)   include Reed Vann, the son of Cherokee Indian John Vann.   See Dawes census card at: http://www.freedmen5tribes.com/dawes.pdf.

Anti Freedmen propaganda continues to be spread by freedmen removal petition proponent former deputy Chief John Ketcher who admitted both in June 2006 and in August 2007 that he knows nothing about the Dawes Rolls.

http://www.sequoyahcountytimes.com/articles/2007/07/06/opinion/letters%20to%20the%20editor/editorletter7.txt

210 EAST MAIN STREET, SUITE 222

NORMAN, OKLAHOMA 73069

Jonathan T. Velie Telephone: (405) 364-2525

William Velie Facsimile: (405) 364-2587

Toll-free: (877) 304-2525 Email: info@velieandvelie.com

August 7, 2003

PRESS RELEASE

In a reversal of it’s earlier position, the Bureau of Indian Affairs has recognized an election that forbid the Black Citizens of the Cherokee Nation to vote for it’s tribal leaders and on a Constitutional amendment that would remove the President of the United States authority to approve Cherokee Constitutional amendments. The decision is in the face of earlier agency decisions, Treaty rights, recent federal decisions and a Supreme Court decision.

An unsigned August 6, 2003 BIA memo reversed the signed July 25th memo from Regional Director, Jeanette Hanna of the Muskogee, Oklahoma office In the earlier memo, the Bureau stated that the 1970 Principal Chiefs Act mandated the Nation to submit election procedures prior to the election. The Cherokees did not present the procedures and held an election and precluded the Black Cherokees from voting. The second memo ignored the statute and the earlier position and recognized the election even though approximately 25,000 Black Cherokees, also known as Cherokee Freedmen, were not allowed to vote.

The Black Cherokees citizenship in the Cherokee Nation is protected by the Treaty of 1866 between the United States and the Cherokee Tribe. Recent litigation occurred regarding a similar situation with the Seminole Nation of Oklahoma. When the Black Seminoles were ousted from the Seminole Nation of Oklahoma in one election and precluded from voting for Chief of the nation in a subsequent election, the Bureau of Indian Affairs took the position that the United States could not recognize the administration that claimed victory because the election did not permit the Black citizens of the Nation to vote.

The B.I.A. cut off federal funds to the Seminole Nation as it reasoned could not provide them to an illegal government. The B.I.A. currently does not recognize the Seminole government elected under the illegal election. The cases that stemmed from the B.I.A’s determination to enforce the Treaty Rights of the Black Citizens were Seminole Nation of Oklahoma v. Norton, 206 F.R.D. 1(D.D.C. 2001) (CKK) and Seminole Nation of Oklahoma v. Norton, 223 F. Supp. 2d 122 (D.D.C. 2002). These cases said in short, the Treaty of 1866 ensured Tribal Citizenship of the Black Seminoles and the B.I.A.’s determination to not recognize the Tribe when citizens were not entitled to vote was appropriate.

The B.I.A. has flipped it’s reasoning a number of times regarding the Cherokee April 24, election. A March 15, 2003 letter signed by then Secretary of the Bureau of Indian Affairs Neal McCaleb, stated in pertinent part, that the Cherokee Nation could remove the clause from it’s Constitution requiring United States Presidential approval for amendments to the Cherokee Constitution, provided the Cherokee Freedmen are entitled to vote in the election. An April 23, memo also signed by Mr. McCaleb, stated that he did not actually sign or authorize his signature of the March 15, memo and removed the provision that the Black Cherokees needed to be able to vote in the Cherokee election.

The current situation means that Bureau of Indian Affairs has breached it’s duty to uphold the United States Treaty of 1866 as recently interpreted by the Seminole decisions. The effect of the determination strips the Black citizens of the Cherokee Nation from voting for their leadership and on a very important Constitutional amendment that would take out U.S. oversight.

The Bureau of Indian Affairs has breached its duty as trustee by recognizing an administration elected in opposition to relevant United States law, and has acted in direct opposition to the Seminole decisions, a 1942 Supreme Court decisions that mandates it to protect the Tribe as trustee, Wheeler v. Dept. of Interior, 811 F. 2d. 549 (10^th Cir. 1987) that the B.I.A. it cited in the July 25 letter requiring mandate compliance with the 1970 Principal Chiefs Act, has made numerous inconsistent decisions in this matter and is acting inconsistently with its current stance in the Seminole Nation.

Jon Velie, Norman, Oklahoma attorney for the Cherokee Freedmen states, "The BIA decision to recognize an election that forbid the participation of approximately 25,000 voters based on a racist policy is a giant leap in the worst direction. It undermines the basic tenet of democracy of both the Cherokee Nation and the United States of America. It exposes sovereignty for the Cherokee Nation and all Native Nations as it begs for litigation on whether treaties must be obeyed, it takes the decision of who rules away from the people and it exposes the actors of both governments as sleezy, backroom political puppeteers.

Marilyn Vann, a Cherokee Freedmen, says, "The stripping of my vote and identity as a Cherokee fills my heart with sorrow and rage. How can the United States recognize my Tribe’s government and fund millions of dollars of aid to it, when it denies me my most precious asset, the right to vote for my elected officials and decide major Constitutional reform. I not only feel less of a Cherokee today but less of an American."

For more information please contact Jon Velie, legal counsel for the Black Cherokees at the above address or numbers or via mobile at 405-821-5959. Attachments available upon request.

Sincerely,

Jon Velie