Cherokee Nation Chief Chad Smith and his supporters denounced HR 2824 by U.S. Rep. Diane Watson, D-Calif. The bill is designed to strip federal funding from the tribe if it denationalizes Cherokee freedmen citizens.

An ethics complaint against Watson states the bill oversteps her authority. Smith called the congresswoman an outsider who misrepresents facts, and stated that the 1866 Treaty was forced on the Cherokee Nation. Some Cherokee leaders even called HR 2824 a “termination” bill. Smith supporters stated Cherokees want only “Indians” in the tribe. Smith stated that Cherokee freedmen who received land allotments received “reparations.”

The U.S. Supreme Court upholds Congress’ right to pass laws affecting Indian tribes, including federal funding. Cherokee leaders never classed congressional members as “outsiders” who supported bills they requested — including an act which removed United Keetoowah Band’s federal funding.

In 1866, to re-establish relations with the United States, the Cherokee Nation signed a reconstruction treaty granting “the rights of Native Cherokees” to slaves and free blacks living within the tribe in 1861 and their descendants. Federal cases (Redbird, Whitmire) have held that Cherokee freed-men were granted citizenship by treaty and that freedmen citizenship was not forced on the tribe.

Chief Smith states the treaty agreement was forced. Does he believe in the Confederate’s policy of slavery and that the tribe should still have that right?

Smith falsely states that Cherokee freedmen received tribal allotments as reparations. Historically Cherokee citizens owned land in common. Cherokee freedmen received shares of common lands just as other Cherokee citizens — which is no different than that of freed slaves of Confederates who received U.S. citizenship and could receive federal land under the Homestead Act.

Clearly, Cherokee freedmen, whose ancestors came across the Trail of Tears on foot, carrying baggage, shackled and who toiled unpaid for generations, receiving the same equal rights as native Cherokee was reasonable by both the Cherokee Nation and the United States. Both Cherokee Indians and freedmen received U.S. citizenship in 1901.

Smith’s references to Cherokee freedmen as “non-Indians” are misleading. Cherokee freedmen, regardless of “Indian ancestry” or lack of, have legal citizenship guaranteed by the tribe and America. The Dawes rolls listed Cherokee tribal members living between 1902 and 1906 for land allotment purposes and were not simply lists of Indians and non-Indians.

HR2824 is not a termination bill. If passed it will not shut down the tribal council or courts, or remove the chief. The tribe is not forced to continue freedmen citizenship. But if passed the tribe loses federal funding and casino operation rights if not in compliance with the 1866 Treaty. Funding and casino rights will continue after legal compliance.

Cherokee freedmen have treaty rights of federal intervention to protect our tribal citizenship. The Cherokee Nation, which annual receives $300 million in federal funding, has spent millions lobbying Congress under Smith’s leadership to denationalize its slave descendants.

Congresswoman Watson’s brave decision to help the freedmen is like members of Congress who helped black citizens of Mississippi during the Civil Rights Movement. She is a heroine for justice of people who have been overlooked and discarded.

If Smith succeeds in breaking the treaty agreement for freedmen citizenship, he will send a termination message to those who desire to have the United States end tribal governments by declaring all Indian treaties void.

No tribe will be safe.

Marilyn Vann is president of the Descendants of Freedmen Association Click Here