Whats it all about? -  The Cherokee Nation's contradictory stan (117 views) Notify me whenever anyone posts in this discussion.Subscribe
 
From: stormshaddow4/2/07 1:40 AM 
To: All  (1 of 4) 
 741.1 

Newcomb: The Cherokee Nation's contradictory stance
http://www.indianco untry.com/ content.cfm? id=1096414762

Posted: March 30, 2007 by: Steven Newcomb / Indigenous Law Institute
The Cherokee Nation has received a great deal of heated criticism for
its decision to eject the black freedman from their national rolls.
The freedmen are the descendants of blacks who were once held as
slaves by some wealthy members of the Cherokee Nation. Under a
Cherokee treaty of 1866, the Cherokees agreed to make the freedmen
citizens of the Cherokee Nation; the freedmen were also supposed to be
given a district of their own in order to have some degree of self-rule.

Today, however, the Cherokee Nation argues that its right of
self-determination gives it the right to disregard these treaty
provisions. The Cherokee response to the controversy has been twofold:
1. Every Indian nation has the right to determine its own citizenship;
and 2. Only people with ''Indian blood'' ought to be allowed to be
citizens of the Cherokee Nation.

As to the second point, many people of Shawnee and Delaware ancestry
have been counted as Cherokee citizens even though they are not
Cherokee by ancestry. This is because Shawnees and Delawares, in
separate transactions in the mid-19th century, purchased lands from
the Cherokee Nation, within the Indian Territory, and thereafter began
living among the Cherokees. In the 1867 agreement between the Delaware
Tribe and the Cherokee Nation, the Delawares paid $1 per acre for some
157,000 acres within the territory of the Cherokee Nation.

Based on the 1867 agreement, individual Delawares were afforded the
right of Cherokee citizenship, but the Delawares also believed that
they would retain the right to a separate collective identity and a
right of self-government. The Delawares did not concede to the idea
that the Cherokees would have a property right to the Delaware people,
or to govern the Delaware as a whole.

In any event, the recent Cherokee message to the black freedman is
pretty straightforward: ''Get out.'' Yet, ironically and
contradictorily, just a couple of years ago the Cherokee Nation -
claiming rights under a similar provision to their 1866 treaty -
essentially argued that the Cherokees had an exclusive right to govern
the Delaware Tribe. In some sense, the Cherokees argue that they have
a property right to the Delaware people.

In 1978, at the paternalistic instigation of then-Cherokee Principal
Chief Ross Swimmer, the Cherokee Nation sought to have the United
States
no longer recognize the Delaware Tribe as a separate Indian
nation. As a consequence, the United States, through the BIA, withdrew
federal recognition of the Delaware Tribe headquartered in
Bartlesville, Okla. In 1996, the BIA reversed its decision and the
Delaware Tribe was once again federally recognized. In a 2002
decision, U.S. District Court Judge Sven Holmes issued a partial order
in favor of the BIA's decision to restore federal recognition to the
Delaware Tribe of Indians.

Then, in November 2004, in response to a lawsuit filed by the Cherokee
Nation against the Department of the Interior, the 10th Circuit
Federal Court of Appeals reversed Holmes' decision by ruling that the
Delawares had abandoned their Delaware identity to become Cherokee
citizens in the 19th century.

The 10th Circuit Court of Appeals relied upon an 1894 U.S. Supreme
Court ruling, Cherokee Nation v. Journeycake, which declared that
individual Delawares had all the rights of Cherokee citizens. The
Cherokees were receiving a large per capita payment from the sale of
lands, and the Delawares argued that they had purchased their Cherokee
citizenship on a per capita basis based on the total value of the
Cherokee Nation and should have the right to share in per capita
payments. The U.S. Supreme Court ruled that the Delaware could receive
a portion of the monies because they had all the rights of Cherokee
citizens.

In 1977, the U.S. Supreme Court declared that despite its association
with the Cherokee Nation, the Delaware Tribe was a separately
federally recognized tribal entity. However, in its 2004 decision, the
10th Circuit Court ruled that because the 1894 Supreme Court ruling
held that the Delawares had all the rights of Cherokee citizens, the
Delawares living among the Cherokees had not been recognized since
1867. Further, the court ruled that the BIA failed to use proper
procedures to restore recognition of the Delawares, and declared
unlawful the 1996 BIA ruling to recognize the Delawares. Consequently,
Interior was forced to withdraw federal recognition from the Delaware
Tribe.

With regard to the black freedmen issue, the Cherokee Nation is now
saying that giving the black freedmen the ole ''heave ho'' is simply
an exercise of Cherokee sovereignty. After all, every nation has the
right to determine its own membership, right? But if this is the
opinion of the Cherokee Nation, then the Delaware Tribe has the right
to determine its own membership with its own federal recognition. We
have our separate histories, our separate national identities, with
our own respective treaties with the United States, and we have our
own separate languages, cultures and traditions.

The Cherokees' argument that the Delaware Tribe does not have a right
to its own nationhood because it is situated within the boundaries of
the Cherokee Nation (as those boundaries existed after Indian removal)
is the type of argument also used against Indian nations generally by
the most virulent anti-Indian activists. Such activists argue that
Indian nations should have no national identity separate from the
United States because those nations are geographically located on
lands now considered to belong to the United States. It is this same
kind of specious and empty argument that the Cherokee Nation has been
using against the Delawares.

The Cherokee Nation is free to do what it wants with its reputation
and its legacy. And if that includes throwing out the descendents of
slaves that some Cherokees once owned, in contradiction to its 1866
treaty with the United States, that's its business. Beneath the
actions of the Cherokee Nation is the tacit argument that it is not
bound by its 1866 treaty with the United States, but that the
Delawares are bound by their 1867 agreement with the Cherokee Nation.
As a descendent of both Shawnee and Delaware grandparents and other
relatives on the Dawes Rolls, I say the Cherokee Nation should stop
blocking the Delaware Tribe from obtaining its own rightful federal
recognition and stop dictating terms to the Delaware people.

Steven Newcomb, Shawnee/Lenape, is the indigenous law research
coordinator for the Sycuan Education Department of the Sycuan Band of
the Kumeyaay Nation, co-founder and co-director of the Indigenous Law
Institute, a fellow with the American Indian Policy and Media
Initiative at Buffalo State College, and a columnist with Indian
Country Today.

 
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From: ROSETTA3215/29/07 12:58 AM 
To: stormshaddow unread  (2 of 4) 
 741.2 in reply to 741.1 
  • Steven Newcomb / Indigenous Law Institute

More correctly:

"Steven Newcomb, Shawnee/Lenape, is the indigenous law research coordinator for the Sycuan Education Department of the Sycuan Band of the Kumeyaay Nation" ... >http://www.indiancountry.com/content.cfm?id=1096414762<

 from  Pagans in the promised land:  a primer on religious freedom By Steven T. Newcomb @ 1992, 1995, Eugene, Oregon.  All rights reserved. >http://www.ailanyc.org/pagans%20in%20the%20promised%20land.htm<

The article at the first link starts with what appears to be a deliberate misstatement of the facts behind the Cherokee nation vote to deny membership to immigrant blacks of european Negro ancestry applying for membership with no blood ancestry to their confederartion of Shemite Native American tribes. 

"The Cherokee Nation has received a great deal of heated criticism for its decision to eject the black freedman from their national rolls. The freedmen are the descendants of blacks who were once held as slaves by some wealthy members of the Cherokee Nation. ..."

As we all know, the so-called "blacks" who were sold and used as slaves in the USA were indigneous Native Americans of Kushyte (son of Racham/Cham/Ham) ancestry, repopulating the Shemite or middle portion of the world in North America with the indigneous Shemite Native Americans who were brought here by our ancestors... long before the so-called 'white man' or 'white race' was created as a weapon of mass destruction by the immigrant europeans of Yaphetite ancestry (as all descendants of Yaphet/Japheth are indigenous or native to the northern portion of the world, with the exception of the southern tip of the Iberian peninusla in europe) and their apostate Jewish allies. Nothing is said of those Shemite Native Americans and Yamases who were also captured and sold as slaves.... just this suspicious concentration of attention of the 'blacks' or Kushytes who were sold as slaves to justify the USA Congress illegally intervening into this soverign matter so that immigrant Negroes of european ancestry can infiltrate <warfare is assumed> the Cherokee nation.

The few thousands blacks or Negroes of european Yaphetite ancestry were hired and brought to the USA as indentured servants from the Caribbeans <West Indies> and not Africa as the lies and propaganda goes.  These indentured servants had contracts that were enforced by this white rule government ... and they were paid freedom fees at the end of their years of labor they agreed to work. <Some were even given our ancestral homelands as payment also.>  There are even references to these indentures servants written the records of the Freedmen Bureau <for unknown reasons as they were never slaves>.  No one of european Yaphetite ancestry was ever been enslaved by other europeans or whites as they have invaded others ancestral homelands throughout the world.  The Negro or black european was always hired and paid as an indentured servant throughtout euroepan colonies around the world.  The only selling of the european Negro as slaves came from these Negroes selling their own children as slaves ... a practice that still goes on today where they have set up colonies in Africa.   As we all know, also, it was the English <now calling themselves the British> who brought this inhumane slavery to the USA and enslaved our ancestors of Shemite/Kushyte descent.  The British even had a contract with the Spanish to supply slaves to all Spanish colonies in the USA.

As for the dispute within the Cherokee Nation with the Delaware/Lenape Indian members  ... I was under the impression that the Cherokee Nation included the Delaware/Lenape and the Shawnee Native Americans of Shemite/Kushyte ancestry.  But where money is involved, I read that the there is a dispute over whether or not the Delewares should be recognized as a sovereign tribe <as much any Native American tribe is recognized as sovereign in this illegal white-ruled  european colonial rule nation of the USA>.  Since the reservations are illegal ... all members of the Cherokee nation  including the descendants of Kushytes as former slaves with Shemiteic blood ancestry should be returned to their own ancestral homelands in the eastern USA.  Allowing immigrant blacks and their white footsoldiers to become members in the Cherokee nation is counter-productive and a security risk to the survival of the entire Cherokee Nation.  Having color in the skin does not make anyone 'black' ... as there is no such thing as a 'black race' <as the european Negroes and allies falsely claim as their basis to steal the ancestral homeland of all the descendants of HaShem/Shem and Racham/Cham/Ham> ... nor is there any such thing as a 'white race' because our Lord created all people with color (pigmentation) in our skin.

Congress and the press in the USA should address itself to the implementing the 1960 UN General Assembly Declaration on Granting Independence to Colonial Countries and Peoples ... which calls for (1) the end of illegal european colonial rule throughout the world, (2) the restoration of all ancestral homelands by to the indigneous peoples and (3) self-governance or sovereignty of all indigenous peoples ... without foreign interference or continued foreign subjugation.  But instead we get all this bad press and postering from the white press and immigrant european Negro blacks in the USA Congress interferring in the sovereign right of the Cherokee nation to restrict its membership to only those of blood ancestry... which is the basis for the compostion of all nations in this world today.  Aren't all the europeans related? Once cannot be a european unless one has european ancestry.

 

 
From: ROSETTA3215/29/07 1:00 AM 
To: stormshaddow unread  (3 of 4) 
 741.3 in reply to 741.1 

[continued]

To:  ALL

...  As for the dispute within the Cherokee Nation with the Delaware/Lenape Indian members  ... I was under the impression that the Cherokee Nation included the Delaware/Lenape and the Shawnee Native Americans of Shemite/Kushyte ancestry.  But where money is involved, I read that the there is a dispute over whether or not the Delewares should be recognized as a sovereign tribe <as much any Native American tribe is recognized as sovereign in this illegal white-ruled  european colonial rule nation of the USA>.  Since the reservations are illegal ... all members of the Cherokee nation  including the descendants of Kushytes as former slaves with Shemiteic blood ancestry should be returned to their own ancestral homelands in the eastern USA.  Allowing immigrant blacks and their white footsoldiers to become members in the Cherokee nation is counter-productive and a security risk to the survival of the entire Cherokee Nation.  Having color in the skin does not make anyone 'black' ... as there is no such thing as a 'black race' <as the european Negroes and allies falsely claim as their basis to steal the ancestral homeland of all the descendants of HaShem/Shem and Racham/Cham/Ham> ... nor is there any such thing as a 'white race' because our Lord created all people with color (pigmentation) in our skin.

Congress and the press in the USA should address itself to the implementing the 1960 UN General Assembly Declaration on Granting Independence to Colonial Countries and Peoples ... which calls for (1) the end of illegal european colonial rule throughout the world, (2) the restoration of all ancestral homelands by to the indigneous peoples and (3) self-governance or sovereignty of all indigenous peoples ... without foreign interference or continued foreign subjugation.  But instead we get all this bad press and postering from the white press and immigrant european Negro blacks in the USA Congress interferring in the sovereign right of the Cherokee nation to restrict its membership to only those of blood ancestry... which is the basis for the compostion of all nations in this world today.  Aren't all the europeans related? Once cannot be a european unless one has european ancestry.

 

 
From: ctj5275/29/07 10:15 AM 
To: stormshaddow unread  (4 of 4) 
 741.4 in reply to 741.1 

Good morning,   Stormshadow...

But I'm afraid the author failed to do his homework...

I. e.,   if a reporter et al can't break it all down,  as in--so a person not familiar with the issues/problems/etc.  comes away feeling or thinking--after having read the piece--then they do-- here's something else which isn't presenting the Cherokee Freedmen Descendants side of the conflict clearly and concisely...

The flip side:

The Smith camp hypes 'Cherokee by blood'?

What they're really writing/talking about is close or distant ancestry...

Also ironic (other than Smith himself)  that most (if not all)  of his cronies own ancestry seem pretty distant (since most of them look like white folk to me too)!

FYI...

Later...



Edited 5/29/2007 10:21 am by ctj527
  • Edited 5/29/2007 10:24 am by ctj527
 

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