Black Native Americans -  Judge won't stop Cherokee election on Fr (21 views) Notify me whenever anyone posts in this discussion.Subscribe
 
From: stormshaddow3/1/07 3:59 PM 
To: All  (1 of 7) 
 739.1 

http://www.indianz. com/News/ 2007/001496. asp

Judge won't stop Cherokee election on Freedmen
Thursday, February 22, 2007

Citing respect for tribal sovereignty and the democratic process, a federal judge on Wednesday refused to halt a Cherokee Nation election that could deny citizenship to the descendants of former slaves.

But Judge Henry H. Kennedy in Washington, D.C., expressed concerns that the outcome of the vote -- the disenfranchisement of thousands of Cherokee Freedmen -- might draw him into an area normally considered off-limits by the courts. Tribal elections are rarely the subject of federal lawsuits.

"The crux of this court's decision is to respect the sovereignty ... of the Cherokee Nation," Kennedy said from the bench. Yet he wondered why the tribe would proceed with an election and "invite this court, or some other court, to intervene."

That's exactly what six Freedmen wanted Kennedy to do. Earlier this month, they filed a motion for preliminary injunction to block the March 3 election, saying it violates the Treaty of 1866, which ended slavery on the Cherokee Nation, and the Thirteenth Amendment of the U.S. Constitution, which outlawed slavery.

"That is the badge of slavery that having this election will place over the Cherokee Freedmen," argued Alvin Dunn, an attorney for the plaintiffs.

Speaking in opposition was Diane Hammonds, the attorney general for the Cherokee Nation. Although she plans to vote against the disenfranchisement of the Freedmen, she said court intervention would trample on tribal rights.

"This is strictly an intra-tribal matter," she told the judge. "Everyone here is Cherokee." Melanie Fourkiller Knight, the tribe's secretary of state, attended the hearing.

Taking an unusual position was Interior Secretary Dirk Kempthorne, the named defendant in the case. Government attorneys did not oppose the Freedmen's motion for the preliminary injunction but they didn't support it either.

"The United States does not inject itself into elections, in intra-tribal matters," said Catherine Blanco of the Department of Justice.

The stance drew a curious response from Kennedy. "I've read your papers," he told Blanco, "but I don't know that I understand the position of the United States."

In a closely-related case, the Interior Department did take a position when the Seminole Nation voted to deny citizenship to its Freedmen. The Bureau of Indian Affairs refused to recognize the leadership of the tribe and cut off all federal funding until the Freedmen were restored.

Why the Bush administration isn't doing the same -- or threatening to -- in the Cherokee case puzzled the attorneys for the Freedmen. In the past, a regional BIA official in Oklahoma questioned the tribe's moves and Jim Cason, the top Interior official in charge of Indian affairs, had warned the tribe about potential consequences.

But by taking the odd position in court, Dunn said the federal government is failing to abide by the treaty. "In the middle of the deal, they flip-flop," he argued.

"Here we have two governments that are turning their back on that treaty," he added.

Despite the court's refusal to halt the election, Kennedy has previously ruled against the tribe. In December, he joined the tribe as a party, citing a history of marginalization of the Freedmen by the Cherokees.

In that ruling, he said the 1866 treaty and the Thirteenth Amendment waived the tribe's immunity from suit. As a preliminary matter in yesterday's ruling, he reaffirmed that the court has jurisdiction over the tribe.

The Freedmen also won a critical ruling before the Cherokee Nation's top court. In a 2-1 decision in March 2006, the Judicial Appeals Tribunal said tribal citizenship is open to anyone who can show his or her ancestor appeared on the Dawes Roll.

The roll includes Cherokees, Delawares, Shawnees and Freedmen. But the upcoming election would only deny citizenship to the Freedmen because it would require them to prove they have Indian blood.

Court Decision:
Vann v. Kempthorne (December 19, 2006)

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:
Cherokee Nation - http://www.cherokee .org
Freedmen Of The Five Civilized Tribes - http://www.freedmen 5tribes.com
Freedmen Conference - http://www.freedmen conference. com

Related Stories:
Freedmen in court to halt Cherokee Nation vote (2/21)
Freedmen ask federal court to halt Cherokee election (2/5)
Cherokees in California want to be part of community (01/16)
Ouster of Cherokee Freedmen an issue in California (1/15)
Election to oust Cherokee Freedmen delayed (1/3)
Cherokee Freedmen win ruling against tribe (12/20)
Cherokee Chief: Tribe to vote on Indian blood (12/06)
USA Today: Tribes remove thousands from rolls (11/29)
Cherokee court hears dispute over Freedmen vote (11/27)
Cherokee court to consider Freedmen referendum (11/20)
Freedmen descendant sues over citizenship change (11/03)
Cherokee Freedmen to challenge removal (10/10)
Cherokee chief calls vote on removing Freedmen (10/9)
Cherokees defend right to kick Freedmen out of tribe (09/21)
Cherokee chief rejects need to approve constitution (09/11)
Cherokee Nation questioned on Freedmen vote (9/7)
Petition to oust Cherokee Freedmen submitted (08/15)
Petition seeks vote on ousting Cherokee Freedmen (07/31)
Cherokee Nation to vote on blood quantum change (6/13)
Cherokee Nation council debates blood quantum (6/12)
Cherokee Nation's top court approves constitution (6/9)
Cherokee committee approves membership proposal (05/16)
About 800 Cherokee Freedmen enrolled since decision (05/01)
Cherokee chief sued over vacant legal position (04/13)
Cherokee chief criticized for stance on Freedmen (4/6)
Two Creek Freedmen apply for citizenship after ruling (03/22)
Creek Freedmen see opening in citizenship dispute (3/21)
Cherokee chief calls for an 'Indian' Nation by blood (3/20)
Cherokee chief criticized for stance on Freedmen (3/17)
Cherokee chief wants Freedmen out of tribe (3/15)
Editorial: Victory long overdue for Cherokee Freedmen (3/10)
Cherokee Nation to enroll Freedmen descendants (3/9)
Cherokee Freedmen win tribal citizenship lawsuit (3/8)
Cherokee chief wants to sue BIA over constitution (02/15)
Freedmen descendants shut out of Cherokee Nation (11/22)
Trial concludes in Freedmen membership case (09/15)
DNA tests being used to bolster Indian heritage claims (08/30)
Ex-Cherokee councilors fined for Freedmen support (08/23)
Freedmen descendants use DNA to show Indian blood (06/03)
Column: Civilized Tribes owe reparations to slaves (03/11)
Cherokee Nation seeks role in Freedmen lawsuit (02/21)
Cherokee leaders blast Coburn for 'divisive' remarks (9/17)
Cherokee Freedmen caught in high-level dispute (8/20)
Cherokee Nation chief sworn in for another term (8/15)
Seminole Freedmen rebuffed by Supreme Court (06/29)
Cherokee Freedmen sue BIA for disenfranchisement (8/12)
Court tackles Seminole dispute (9/24)
The Seminole Nation's hanging chad (8/8)
Resolution of Seminole dispute sought in court (5/28)
Court decision rocks Seminole Nation (5/8)
Seminole's Chief Haney restored to power (5/7)
Black Seminole appeal planned (5/1)
Black Seminoles dealt setback (4/30)
Opinion: Seminole Nation always black (4/22)
A fight over funds, race (4/4)
Seminole Head Start funds OKed (2/6)
Seminole changes sought again (1/16)
Ousted Seminole leader sues tribe, BIA (12/14)
Black Seminole issue still divisive (10/29)
Suspended Seminole Chief to sue (6/27)
Seminole Chief Haney suspended (6/26)
Race part of Seminole dispute (1/29)
Seminole voters approve changes (7/7)
Seminole vote may affect Freedmen (7/7)

Copyright © Indianz.Com


 
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From: Michelle (MICHELL12702)3/4/07 1:15 PM 
To: stormshaddow  (2 of 7) 
 739.2 in reply to 739.1 

Well, it looks like it has come to pass.  The sad thing is that it never seems to fail when a group who was the underdog finally rises and has power, they turn around and do to the next underdog what was done to them....especially where money is concerned.

When I lived in San Francisco in the mid 60s, people of color did not live beyond Stanyan, the street that has the main entrance to Golden Gate Park.  I returned in 1989 and the Chinese had moved out of China Town and own more than 50% of San Francisco.  They now deny access to their rental properties by other minorities.

 

 
From: stormshaddow3/4/07 2:10 PM 
To: Michelle (MICHELL12702)  (3 of 7) 
 739.3 in reply to 739.2 

The oppressed often take on the behaviors of those that oppressed them.

Indians acting like corporate elites........I'm shaking my head.

 

 
From: Michelle (MICHELL12702)3/4/07 2:32 PM 
To: stormshaddow  (4 of 7) 
 739.4 in reply to 739.3 
Same play, diffferent cast.  Unfortunately seems to be human nature.
 

 
From: ctj5273/4/07 2:50 PM 
To: Michelle (MICHELL12702)  (5 of 7) 
 739.5 in reply to 739.4 

It's become a case study of insider politics and any presumed/assumed outsider need not play on our playing fields...

The flip side is only experts can be expected to fairly and objectively reinterpret centuries old treaties...

Above and beyond that:

A wake up call for all of the various Cherokee factions?

FYI...

Later...

Peace...

 

 

 
From: ROSETTA3213/23/07 11:26 PM 
To: Michelle (MICHELL12702)  (6 of 7) 
 739.6 in reply to 739.2 
  • I returned in 1989 and the Chinese had moved out of China Town and own more than 50% of San Francisco.  They now deny access to their rental properties by other minorities.

You are confused ... the land according to the word of our Lord Yahweh belongs to the people to whom it was appointed for them to live on during the diving of the world among the 3 sons of Noach.

  1. Shem - middle or center of the world
  2. Racham/Cham/Ham - southern portion of the world
  3. Yaphet/Japheth - northern portion of the world

Those whom you mistakenly call Chinese are imposters.  They are the descendants of Yaphet or the Huns from the north of Asia. They are the cousins of the Negro europeans who control our country hiding behind their smokescreen of cosmetically white footsoldiers posing as the europeans. You should know that the Negro europeans would never allow the real Shemitic/Kushyte Chinese to own 50% of San Francisco or any city in the USA.  They don't even want the Shemitic Native Americans to own the reservations, which is why all this fuss about the Cherokees restricting their membership from imposters fasely claiming to be descendants of Native Americans slaves own by the Cherokees.

 The Yaphetite Huns  invaded China to the south of them and about 2000 years ago and have been evilly ruling over the real Chinese people of Shemite and Kushyte ancestry ... lying to them and falsely telling them that they were of the same people so the real Chinese would not continue to rebel under their foreign rule. The Huns even renamed their country China to hide their occupation of China and refer to their 2000  year old sin and crime of aggression as the Han dynasty ... hiding the fact that they are Huns and not Chinese people.   The Huns accomplished this by burning all Chinese libraries and systematically killing off the all the learned sages of the Chinese, and then blamed it on the first Chinese emperor claiming he was evil ... This is the same strategy somewhat the Spanish used on the remainder of our ancestors (Shemite and Kushyte) here in the USA when they invaded our ancestral homelands 500 years ago, after using biological warfare (small pox, etc) and burning all our cities down that were built of wood structures.  Then they used propaganda and told the world that our ancestors were all savages running around naked to make their genocide and aggression look good to the world -- that they were somehow doing our ancetors a favor by killing them and destroying their culture. Then the europeans lied to the Shemitic Native Americans falsely claiming that they were mulattoes of African Negro slaves and whites, so as to rule over them without much rebellion ... that all the real Native Americans had allegedly died out from disease and slavery.  And then they told all the indigneous Kushyte Native Americans that they were immigrant Negroes and slaves from Africa, and that the immigrant european Negroes who were brought up from the West Indies and hired indentured servants were also African slaves and they were both the same people. 

Now the invading europeans are retelling our Native American history in the Southeast, falsely claiming that according to their alleged archeological findings, that our ancetors built round straw houses that look just like the same straw houses the black Celts built in western europe and still live into day in Africa where they migrated to and are pretending to be the sons of Racham, who is the father of all Africans and all indigneous peoples in the southern part of the world and father of all the Kushytes who live throughout the Shemite portion of the world as their ancient allies.  Our Native American ancestors built their houses and all structures in wood which they called bark ... they lived in large lodges of A-frame designs, variations which can still be found all through the eastern of the USA. Our ancestors wore clothes made from skins of animals before trading with the europeans for cloth.   But it would take skilled craftsmen to build in wood ... not savages running around naked and eating people as the black Negro invading Spanish falsely claimed hiding behind their cosmetically whitened footsoldiers they set up to pose as the invading europeans. But these lies are being told and false claims of alleged archeolgoical findings as part of the groundwork for the invading european Negroes to tell a new lie that they "discovered" the Americans thousands of years ago because our ancestors allegedly built straw round houses, just like the Celts of europe-- which is a lie.  

 

 
From: ctj5273/25/07 4:41 PM 
To: Michelle (MICHELL12702)  (7 of 7) 
 739.7 in reply to 739.6 

Rosetta is a lurker and no 'friend' of black indians like me!

FYI...

Later...

Peace...

 

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