Cherokee Freedmen descendant Anthony King, center, asks a question while Freedmen descendants Raymond Foreman, left, and William Lawrie listen during a July 14 meeting in Muskogee, Okla. WILL CHAVEZ/CHEROKEE PHOENIX

Freedmen anticipate winning citizenship rights

Cherokee Nation citizen David Cornsilk shares tribal registration information with Cherokee Freedmen descendants during a July 14 meeting in Muskogee, Okla. WILL CHAVEZ/CHEROKEE PHOENIX A Cherokee Freedmen descendant wears a T-shirt that honors his heritage during a July 14 meeting in Muskogee, Okla. WILL CHAVEZ/CHEROKEE PHOENIX
Cherokee Nation citizen David Cornsilk shares tribal registration information with Cherokee Freedmen descendants during a July 14 meeting in Muskogee, Okla. WILL CHAVEZ/CHEROKEE PHOENIX
BY WILL CHAVEZ
07/20/2012 08:28 AM
MUSKOGEE, Okla. – Area Cherokee Freedmen descendants gathered July 14 at the First Missionary Baptist Church to discuss the latest development in their fight for Cherokee Nation citizenship, saying justice would soon be served on their behalf.

On July 2, the Department of Interior filed a counterclaim against the Nation to obtain a declaratory judgment that the 1866 Treaty between the CN and United States provides Freedmen descendants with certain rights and privileges, including tribal citizenship.

The counterclaim is now part of a lawsuit filed in 2009 by the CN against five Freedmen and the Interior in the U.S. District Court for the Northern District of Oklahoma in Tulsa. No hearing dates have been set for the suit or the counterclaim.

“It’s been a long time coming. We’ve been waiting for justice to be served for the Cherokee Freedmen,” said Kathy Washington, one of the Freedmen defendants in the case.

She said many of her ancestors are on “all the Cherokee rolls” and her great-great-great-great grandfather was a by-blood Cherokee named Mose Mackey.

“We come from a long line of Cherokee history and to be told that our history no longer matters, it really does hurt. It deeply hurts,” she said. “We came across the Trail (of Tears) and suffered along with the Cherokee and helped build the Nation.”

A Sept. 2, 2011, injunction from the U.S. District Court for the District of Columbia allows Washington and approximately 2,800 other Freedmen to have CN citizenship while the case is pending.

Washington said she’s praying that soon other Freedmen would be able to enroll in the CN, too.

CN citizen David Cornsilk, a supporter of Freedmen citizenship, spoke to about 50 Freedmen who attended the July 14 meeting. He said he believes with the Interior’s counterclaim Freedmen are “close” to victory and the CN would soon start processing Freedmen applications that have been in the Registrar’s Office since March 2007.

On March 3, 2007, CN voters amended the tribe’s constitution requiring a citizen to have an ancestor with Indian blood on the Dawes Roll.

“I’m not trying to speak for the chief (Bill John Baker)…it just makes sense to me that if people have been denied the ability to be registered in the tribe for as long as you folks have, they need to take special steps to go ahead and get those that have been sitting there waiting through the process,” he said.

Cornsilk walked Freedmen through the registration process and provided tips for getting citizenship applications processed with minimal delays.

Freedmen are basing their rights to CN citizenship on the 1866 Treaty, which was signed after the Civil War. The treaty dictated terms to the CN because it allied with the Confederacy.

In support of its countersuit, the Interior alleges Article IX of the treaty provided, and the CN agrees, that all Freedmen “who have been liberated by voluntary act of their former owner or by law, as well as all free colored persons who were in the country at the commencement of the rebellion, and are now residents therein, or who may return within six months, and their descendants, shall have all the rights of native Cherokee…” Also in November 1866, the CN amended its constitution to comply with treaty.

The Interior is also asking the court to rule that the treaty provided Freedmen and their descendants with “all the rights of native Cherokees,” including the right to citizenship; that the Five Tribes Act and other statutes did not repeal the 1866 Treaty; and that the March 3, 2007, Cherokee constitutional amendment is “inconsistent with the treaty.”

In May, CN Attorney General Todd Hembree filed for a declaratory judgment against the Interior, asserting the treaty “did not guarantee to Freedmen and their descendants eternal, unimpeachable rights to citizenship within the Cherokee Nation.” Additionally, Hembree’s complaint seeks a judgment declaring that the treaty “does not bestow upon…Freedmen a right to citizenship within the Cherokee Nation that cannot be altered by the Cherokee Constitution.”

Hembree said he looks forward to having “all interested parties in the same courtroom and getting a definitive resolution to this matter.”

will-chavez@cherokee.org


918-207-3961

About the Author

News

BY STAFF REPORTS
08/29/2014 04:09 PM
The Cherokee Phoenix will be selling subscriptions and merchandise Sat. Aug. 30, 2014 during the 62nd Annual Cherokee National Holiday. Come visit with staff members from 9 a.m. to 2 p.m. at the Courthouse Square and 11 a.m. to 4 p.m. inside the Cherokee Nation Tribal Complex during it's annual open house. Scroll through the photos to see when and where each staff member will be.
BY STAFF REPORTS
08/29/2014 11:40 AM
<a href="http://www.cherokeephoenix.org/Docs/2014/8/8481_HolidayGuide2014.pdf" target="_blank">Here</a> you will find the schedule of events for the 62nd Annual Cherokee National Holiday.
BY BRYAN POLLARD
08/29/2014 10:23 AM
The Cherokee Phoenix Editorial Board will be meeting via conference call at 9 a.m. CDT, September 10, 2014. To attend, please use the conference call information listed below. The meeting agenda is <a href="http://www.cherokeephoenix.org/Docs/2014/8/8480_140910_EB_Agenda.pdf" target="_blank">here</a>. Dial-in: 866-210-1669 Entry code: 4331082
BY JOSH NEWTON
08/29/2014 08:31 AM
Tahlequah Daily Press TAHLEQUAH, Okla. – Authorities with the Cherokee Nation Marshal Service and Ontario Provincial Police in Canada say that until last month, a man living in Tahlequah had been presumed dead as a result of a 1977 barn fire. “The Cherokee Nation Marshal Service, acting on a tip, did locate Ronald Stan alive and living in Tahlequah on Aug. 5,” said Amanda Clinton, the Cherokee Nation communications director. She said the tribe would make no other comment about the discovery. Authorities in Canada say Stan, who has been living in Tahlequah under the alias of Jeff Walton, disappeared from his home in Ontario nearly 37 years ago. According to media reports out of Canada, Stan lived in the former Township of East Williams in Middlesex County, but was reported missing when a barn caught fire on Sept. 29, 1977. Witnesses reportedly saw Stan near the barn before it broke out into a blaze. Remnants of a body were never found, but in 1986, Stan was declared legally dead in Canada. He had reportedly left behind a wife and children there. But authorities in Canada say a recent audit of Stan’s disappearance somehow connected the supposedly missing person to a man living near Tahlequah, 69-year-old Jeff Walton. According to some media reports, police used Facebook connections to pinpoint Walton in Cherokee County. Authorities have not said what Stan’s motives might have been for disappearing 37 years ago, nor whether the barn fire thought to have taken his life was or is now considered to have been suspicious. But Canadian officials have suggested Stan faces no criminal charges there. Stan’s 35-year-old son, Jeff Walton Jr., told the Toronto Star that his family is “still trying to put all the puzzle pieces together.” He said family members from Stan’s U.S. life learned of the former life last month. Stan reportedly has grandchildren in the U.S. as well. On April 23, 2000, Stan, under the name of Walton, married Cherokee County resident Debra E. Proctor in Eureka Springs, Arkansas. Court records show Proctor and Stan divorced earlier this month – according to Walton Jr., because of the revelation of his father’s secret Canadian past. In Proctor’s petition for divorce, she cites “incompatibility” between herself and Stan. Walton Jr. told the Toronto Star that his father now suffers from vascular dementia and heart disease, and was in a nursing home when authorities began to uncover Stan’s past. According to court documents, Stan has also gone by the name of Jeff Winton, and reportedly spent some time in Louisiana after leaving Canada. “It’s been tough on me, but he’s still my father,” Walton Jr. told the Toronto Star. “It doesn’t change the man I knew for 35 years. Hopefully one day, he can sit down and write a book and remember all the stuff he’s been through in his life. It’d be a damn good book, I’ll tell you that, just from what I’ve heard.” Canadian media also reported that the Ontario Provincial Police have closed their case. – REPRINTED WITH PERMISSION
BY STAFF REPORTS
08/28/2014 01:21 PM
CLAREMORE, Okla. – The stables are filling up as quarter horse racing returns to Cherokee Casino Will Rogers Downs on Sept. 6 for a fifth consecutive year. The schedule features 28 days of American Quarter Horse Association, Appaloosa and Paint races through Nov. 8. Races begin at noon every Friday, Saturday and Sunday. Each day features 12 races. Popularity of the track’s quarter horse racing meet continues to draw some of the most talented people in the sport to WRD. “We are very excited that Eddie Willis and Toby Keeton, the top two trainers in earnings in the United States, will be returning with full stables to compete at this year’s meet,” Jesse Ullery, WRD racing secretary and simulcast manager, said. The 2014 WRD racing schedule features 34 stakes races. Top 10 qualifiers from the non-pari-mutuel Kansas Jackpot Trials and Black Gold Division 350 Futurity Trials previously held on Aug. 23 will be part of the opening race cards for the finals on Sept. 9. Both finals include added money, with the Black Gold Division 350 Futurity Finals guaranteeing $150,000, while $25,000 is promised for the Kansas Jackpot Futurity Finals. Race fans visiting on Sept. 28 will witness the $15,000 added AQHA Zoetis Starter Allowance Challenge, the $27,500 guaranteed AQHA John Deer Juvenile Challenge Finals, the $30,000 added AQHA Red Cell Distance Challenge Finals and the AQHA Adequan Derby Challenge Finals, worth an estimated $32,500. The 400-yard Black Gold Division 400 Futurity Finals for 2-year-olds on Oct. 5 also promises to be an exciting event, adding $150,000 to the pot with $7,500 going to stallion awards. “We have a very competitive stakes program this year for all ages of horses. There is a lot to see,” Ullery said. The $294,625 Black Gold Futurity Championship highlights the meet on Nov. 8. The finale on Nov. 8 also includes the $25,000 Oklahoma Horsemen’s Association Mystery Derby Finals and the Oklahoma Horsemen’s Association Mystery Futurity Finals Grade II, worth $75,000. Cherokee Casino Will Rogers Downs is located 3 miles east of Claremore on Highway 20. For more information, visit <a href="http://www.cherokeecasino.com" target="_blank">www.cherokeecasino.com</a> and click on the Will Rogers Downs tab or call (918) 283-8800.
BY ROGER GRAHAM
08/26/2014 02:28 PM
TAHLEQUAH, Okla. – Cherokee Nation department employees are completing work in preparation for the Cherokee National Holiday. The annual event begins on Aug. 29 and ends Aug. 31. A listing of holiday event times and locations can be found <a href="http://www.cherokeephoenix.org/Docs/2014/8/8400_HolidayGuide2014.pdf" target="_blank">here</a>. The task of preparing for nearly 100,000 visitors requires multiple departments to work together to complete the variety of improvements to event locations. Cherokee National Holiday Director Lou Slagle acknowledged CN Facilities Dept. for taking on the majority of the physical labor.