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Published May 14, 2007 11:24 pm -

Tribe to restore freedmen
Descendants of former slaves are Cherokee citizens again ... for now

Wire and staff reports
Phoenix Staff Reports

TAHLEQUAH — The attorney general of the Cherokee Nation agreed to a temporary injunction in tribal court Monday that allows descendants of the tribe’s slaves to maintain their citizenship while they appeal the constitutionality of an election that rescinded their tribal membership.

The order applies only to appeals made by the descendants, commonly known as freedmen, in tribal court, and not to ongoing appeals being made in federal court in Washington, D.C.

“I think we made a major step toward restoring their full citizenship rights,” said Nathan Young III of Tahlequah, the court-appointed attorney for the freedmen in the tribal court case. “I think it’s the first step.”

“My aim is to restore the freedmen to their full citizenship rights.”

But Jon Velie, the attorney for the freedmen in the federal case, called the tribal court’s action “a temporary fix” and said the tribe was reacting to recent filings by the freedmen in the federal case. In that case on Monday, U.S. District Judge Henry H. Kennedy Jr. denied a motion by the tribe to dismiss the case or move jurisdiction of it to an Oklahoma federal court.

Young said the order by Cherokee District Court Judge John Cripps means the freedmen will be able to vote in the tribe’s June 23 election, in which current Chief Chad Smith is running for another term. The Tahlequah-based Cherokee Nation is the largest American Indian tribe in the United States, with about 250,000 members.

Cherokee Nation Attorney General Diane Hammons said she agreed to Cripps’ order because while voters “have a right to have their determination implemented, those individuals who lost their citizenship status as a result of that election also have the right to have our Cherokee Nation courts consider the legality of the Amendment.”

By a 3-to-1 margin, more than 8,700 Cherokee voters approved a constitutional amendment March 3 that would remove about 2,800 freedmen descendants from the tribe’s rolls — and therefore eliminate their eligibility for medical and other services provided by the tribe.

The amendment would limit tribal membership to descendants of a Cherokee, Delaware or Shawnee Indian listed on the Dawes Commission’s rolls from more than 100 years ago.

Cripps’ order tells the tribe to “immediately reinstate to full citizenship within the Cherokee Nation the Plaintiffs and all similarly situated persons, commonly known as ‘Cherokee Freedmen.”’

“For decades our people understood that you have to be Indian to be in our Indian tribe,” Smith said. “I think the will of the people is very clear. I understand, however, that the rights of citizenship should be taken very seriously, and we take our court’s orders very seriously. We will abide by the order and restore citizenship while the case is pending.”

Marilyn Vann, the president of the Oklahoma City-based Descendants of Freedmen of Five Civilized Tribes and the lead plaintiff in the federal case, called the tribe’s acceptance of the tribal court’s injunction “a thinly veiled attempt to legitimize the upcoming election. The Attorney General and the Principal Chief stated that the election was valid. This is an act to take the heat off the Tribe so they can expel the Freedmen after Chad Smith gets re-elected.”

After the March election, freedmen had 90 days in which to appeal their removal from the tribe. Young was appointed last week to represent 270 people who had filed such appeals. He filed his request for the injunction Monday.

“My main concern is that they at least have the right to participate in this election,” Young said. “It’s not politically popular to do what I did, but it’s the right thing to do. I believe in their cause and the rightfulness of their belonging.”

Young said there area about 844 freedmen registered to vote and another 137 with pending applications. He said it appears It appears that all the freedmen registered will be allowed to vote — those who appealed and those who did not appeal their enrollment status.



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