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
Senior Reporter – @cp_wchavez
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
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M.

He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life.
He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association.

Will has worked in the newspaper and public relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years. He was named interim executive editor on Dec. 8, 2015, by the Cherokee Phoenix Editorial Board.
WILL-CHAVEZ@cherokee.org • 918-207-3961
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M. He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life. He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association. Will has worked in the newspaper and public relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years. He was named interim executive editor on Dec. 8, 2015, by the Cherokee Phoenix Editorial Board.

News

BY JAMI MURPHY
Senior Reporter – @cp_jmurphy
05/27/2016 02:00 PM
TAHLEQUAH, Okla. – From May 24-26, Sequoyah basketball coach Jay Herrin hosted a boys basketball camp to introduce and maintain basketball fundamentals for children in grades first through ninth. “We work on the fundamental skills – dribbling and basket shooting. Got a lot of different-aged groups and got a lot of different-ability groups. But we try to tailor it to the kids’ needs whether a beginning player or a more advanced player,” he said. Herrin, a Cherokee Nation citizen, said the three-day camp saw approximately 90 children attend. “What’s good is to get these guys out doing something. School is out now, and trying to keep them active is one thing,” he said. Herrin said he reaches out to former and current players to help coach and assist campers. “A lot of my former players, some of them are playing basketball in college. A lot of them are current players. Plus we have a young lady (Maci Dale) helping us from Kansas (High School) who just graduated who is doing it as a community service project,” he said. “They help coach and assist in teaching skills and help referee and kind of do everything they have to do to kind of keep it running smoothly.” Creek Nation citizen William Leach, a Sequoyah High School graduate, said volunteering is a way to give back to the community, which makes him feel good about himself. “Helping out the kids and I like giving back. It’s a lot of fun. I think they’re just getting the most out of having fun and enjoying the game. And I think they just like being around each other, you know. They like to have fun,” Leach said. “I like coming to the community. There’s not many camps around here. You can go to Tulsa and the kids have camps every weekend. So anytime I get a chance to help out, I like to help out and give back,” he said. The camp is offered to students in grades first through ninth. They don’t have to be Cherokee or attend Sequoyah Schools. The cost is $40, which provides free breakfast and lunch, if needed, and a T-shirt. Campers in grades first through fifth go from 8 a.m. to 11 a.m. and campers in grades sixth through ninth attend in the afternoon. Although the boys camp is done, the girls three-day camp will begin May 31. Those interested in attending can show up at the Place Where They Play gym at 8 a.m. and fill out an application. The gym is located on the SHS campus. Herrin said he tries to hold the camps each summer after school ends. “They can learn a lot of teamwork, a lot of social skills besides just the benefit of getting out and being active. Getting off video games and sitting inside and getting out and doing something is really good for these guys,” he said.
BY JAMI MURPHY
Senior Reporter – @cp_jmurphy
05/27/2016 12:00 PM
TAHLEQUAH, Okla. – In April, the Tribal Council passed a law creating a judgment fund that would be used to pay for any judgment against the Cherokee Nation. “The judgment fund is modeled after the U.S. government judgment fund. What the premise of the idea is that Congress, which would be the council in our scenario, would appropriate money to a judgment fund. And they would do that based on what the risk may be out there any given year,” Attorney General Todd Hembree said. Hembree said it falls to the legislators because they appropriate monies for the tribe’s annual budget. “When there is a judgment against the Cherokee Nation…well that money would have to come from somewhere. So that means it would have to come from a budget that otherwise wasn’t intended for,” he said. “What a judgment fund does is an exercise in good government. The council knows and departments know that if there is a judgment, it comes out of this fund. It doesn’t affect any other budgets. They can plan…knowing that nothing is going to disrupt that.” Hembree said many governments have judgments funds and that it was time for the tribe to follow suit. As of publication, no monies were in the judgment fund but creating the fund was the first step, he said. “The legislation is passed. It’s been signed. So sometime in the next two to three months the council will need to make a determination of how much money to put in there and to appropriate that money,” he said. Departmental budgets are being submitted to the council, he said, so this is an opportune time to decide what should be placed within that fund. The Attorney General’s Office would certify any judgment, he said, whether it’s from the CN court system or another court against the CN. Once certified, he added, the tribal treasurer would pay the judgment out of the fund. “It’s not a first-come, first-served. No one party claimant can take more than half (of what is in the fund) any given fiscal year. You take up to half of it and then next year you take more or the other half of your judgment,” he said. “Or, at any time, just like any budget modification, the council can add more money into the judgment fund as the year goes on.” Any judgments following the date the fund was signed into law would be tied to receiving their payments through this fund. Having this fund, Hembree said, brings budgetary stability to the tribe. “We have departments that make an estimate of their expenditures for the next year. It just helps solidify that nothing’s going to come an disrupt, no judgment will come in and disrupt that next year’s budget…If there’s a judgment, it doesn’t have to come out of education’s budget or health. It comes out of the judgment fund,” he said. “They won’t have to worry…we’re taking that out of the equation.”
BY STAFF REPORTS
05/26/2016 04:00 PM
TAHLEQUAH, Okla. – The Cherokee Nation donated $195,000 on May 26 to eight area Boys & Girls Clubs in northeastern Oklahoma. The organizations serve Cherokee and Native American students in their summer and afterschool programs. The CN gave checks to clubs in Adair, Sequoyah, Cherokee, Mayes, Nowata, Rogers, Delaware and Washington counties. Currently, the programs serve more than 10,000 students. “We remain a proud and consistent financial supporter of the mentoring work done by the Boys & Girls Clubs,” Principal Chief Bill John Baker said. “Participating in the activities of a local club means access to community-based mentors and educational opportunities that will help our youth grow into their full potential. Supporting the mission of Boys and Girls Club is another opportunity where Cherokee Nation can have a positive influence in the lives of Cherokee children." The tribe has contributed more than $2 million total since 2008 to help the afterschool programs continue character and leadership development among both Cherokee youth and non-Native students. “The Boys & Girls Clubs provide an invaluable service to thousands of students within the Cherokee Nation,” Tribal Councilor Joe Byrd said. “These clubs provide a safe place for children to learn and grow, while also offering new experiences and a variety of hands-on activities. The Cherokee Nation is proud to partner with these eight clubs in order to enhance their programs for Cherokee and non-Cherokee students alike.” With the second-largest enrollment of any club in the CN, the Boys & Girls Club of Sequoyah County depends heavily on CN funding to maintain operations at the club’s six facilities in Sequoyah County. “Cherokee Nation’s support means a lot to the Boys & Girls Club of Sequoyah County. It enables us to continue to provide funding for our programs and kids that need us the most in the county,” Laura Kuykendall, Boys & Girls Club of Sequoyah County representative, said. The Boys & Girls Clubs of America serves more than 4 million young people throughout the country and on military bases worldwide. <strong>The CN donated to the following clubs.</strong> Organization-Enrollment-Award Amount Adair County- 1,181- $21,797.52 Bartlesville- 1,187- $21,908.66 Chelsea- 327- $6,035.49 Tahlequah- 4,325- $79,827.26 Delaware County- 926- $17,091.34 Green Country-Pryor- 420- $7,7502.01 Nowata- 669- $12,347.85 Sequoyah County- 1,530- $28,239.47
BY STAFF REPORTS
05/26/2016 10:45 AM
TAHLEQUAH, Okla. – According to a United Keetoowah Band press release, UKB Assistant Chief Joe H. Bunch was sworn in as principal chief during a May 25 ceremony held in the UKB Community Service Court Chambers. UKB District Judge Dewayne Littlejohn administered the oath of office to Bunch a day after the Tribal Council voted to remove former Principal Chief George Wickliffe from office during an impeachment process. “This is an unfortunate event, but we are going to move forward. Many of our members depend on our services and in what we do as elected officials. This is a good time to start the healing process. I expect nothing but the best as we move forward,” Bunch said after taking his oath. Bunch was elected in a 2014 special election to serve the final two years of the late Assistant Chief Charles Locust’s four-year term. With the removal of Wickliffe, Bunch now fills the principal chief’s role for the remainder of that four-year term. Wickliffe was elected to his third four-year term in November 2012. On May 24, UKB citizens listened to articles of impeachment against Wickliffe by Tahlequah District Rep. Anile Locust and Tribal Secretary Ella Mae Worley. Among the allegations against Wickliffe were: • Prohibited Worley and her predecessor, Shelbi Wofford, from having full access to the tribe’s financial records, its now-closed casino and nongaming businesses, • Signed multiple contracts without Tribal Council authorization, • Authorized almost $400,000 in cash advances to himself and Delaware District Rep. Jerry Hansen, Saline District Rep. Charles Smoke and Goingsnake District Rep. Willie Christie (Christie has since repaid the tribe), • Used a tribal credit card to pay his personal accounts with DirectTV, Public Service Company of Oklahoma (PSO) and Oklahoma Natural Gas, as well as at least two of his son’s bills, • Used a tribal credit card to reclaim at least three guns from a local pawn shop, • Used a tribal credit card to buy tires for three Tribal Councilors, plus a range top and air conditioning unit for a family member, • Provided himself with $5,000 in scholarship funds after the tribe curtailed its higher education program, • Allowed the UKB Corporate Authority Board to sell a $30,000 tribal vehicle to the late Assistant Chief Locust for $5,000, • Authorized the disbursement of more than $40,000 from the tribe’s general fund and more than $4,000 from the motor fuel fund to Charles Locust’s widow without Tribal Council approval, and • Allowed his personal secretary to apply for services that she was not eligible for, as well as drive a government-issued vehicle without a current driver’s license. Wickliffe initially balked when given the opportunity to respond to the charges. When he did accept a microphone, he said he could not be wholly blamed for the tribe’s financial straits since its casino closed in 2013 and would have returned the money if he had been asked. “I don’t owe the tribe anything,” he said. “Neither does the council. I didn’t know the United Keetoowah Band could do this.” The Tribal Council adjourned into executive session for 90 minutes before reconvening and voting 7-4 to remove Wickliffe from office for violating the UKB’s Constitution. The Tribal Council also barred him from holding an elected or appointed position within the tribe. Following the removal vote, Bunch ordered Wickliffe to turn in his office keys and tribal cell phone and was escorted out by UKB Lighthorse. Wickliffe has seven days from May 24 to file an appeal in the tribe’s court system. The next UKB election will be Nov. 7. All district representative, treasurer, secretary, assistant chief and principal chief positions will be open for election.
BY LENZY KREHBIEL-BURTON
Special Correspondent
05/25/2016 03:00 PM
TAHLEQUAH, Okla. – After a 90-minute executive session, the United Keetoowah Band’s Tribal Council on May 24 voted 7-4 to remove Principal Chief George Wickliffe from office. “Turn in your keys, walkie-talkie, radio and anything else you have,” Assistant Chief Joe Bunch said, drawing cheers from the standing room only crowd at the Jim Proctor Elder Community Center. Along with removal from office, Wickliffe was also barred for life from holding any elected or appointed positions within the tribe. [BLOCKQUOTE]Citing financial improprieties, the tribe’s treasurer, Ella Mae Worley, filed three articles of impeachment against Wickliffe earlier in the month. Among the allegations against Wickliffe contained within the three counts were: • Prohibited Worley and her predecessor, Shelbi Wofford, from having full access to the tribe’s financial records, its now-closed casino and nongaming businesses, • Signed multiple contracts without Tribal Council authorization, • Authorized almost $400,000 in cash advances to himself and Delaware District Rep. Jerry Hansen, Saline District Rep. Charles Smoke and Goingsnake District Rep. Willie Christie (Christie has since repaid the tribe), • Used a tribal credit card to pay his personal accounts with DirectTV, Public Service Company of Oklahoma (PSO) and Oklahoma Natural Gas, as well as at least two of his son’s bills, • Used a tribal credit card to reclaim at least three guns from a local pawn shop, • Used a tribal credit card to buy tires for three Tribal Councilors, plus a range top and air conditioning unit for a family member, • Provided himself with $5,000 in scholarship funds after the tribe curtailed its higher education program, • Allowed the UKB Corporate Authority Board to sell a $30,000 tribal vehicle to the late Assistant Chief Charles Locust for $5,000, • Authorized the disbursement of more than $40,000 from the tribe’s general fund and more than $4,000 from the motor fuel fund to Locust’s widow without council approval, and • Allowed his personal secretary to apply for services that she was not eligible for, as well as drive a government-issued vehicle without a current driver’s license. “I didn’t do this because I wanted to,” Worley said. “I did this because it is the right thing to do. This is the people’s money.” On all counts against Wickliffe, the Tribal Council reached a simple majority on each against him. However, as per the UKB Constitution, at least two-thirds of the Tribal Council had to vote for Wickliffe’s removal, as well as barring him from holding any elected or appointed position. Those voting for removal were Worley, Bunch, Secretary Joyce Hawk, Tahlequah District Rep. Anile Locust, Sequoyah District Rep. Barry Dotson, Illinois District Rep. Peggy Girty and Flint District Rep. Tom Duncan. The final officer to cast a vote for removal, Hawk silently deliberated for several minutes, eliciting calls of “Do the right thing” and other comments from the crowd. Hansen, Smoke, Christie and Canadian District Rep. Eddie Sacks voted against Wickliffe’s removal. Cooweescoowee District Rep. Clifford Wofford was absent. Wickliffe has seven days to file an appeal with the tribe’s judiciary. Elected to his third four-year term in November 2012, the now-former chief said little during the hearing and initially balked when given the opportunity to defend himself. When he did accept a microphone, he said he could not be wholly blamed for the tribe’s financial straits since its casino closed in 2013 and would have returned the money if he had been asked. “I don’t owe the tribe anything,” he said, eliciting jeers from the audience. “Neither does the council. I didn’t know the United Keetoowah Band could do this.” Escorted by Lighthorse officers, Wickliffe did not speak to reporters after the hearing.
BY STAFF REPORTS
05/25/2016 02:00 PM
TAHLEQUAH, Okla. – Cherokee Nation officials donated $15,000 to the Hulbert Police Department earlier this month to help maintain the city’s fleet of police vehicles. Principal Chief Bill John Baker, Deputy Chief S. Joe Crittenden, Secretary of State Chuck Hoskin Jr. and Tribal Councilor Rex Jordan presented a check to Hulbert Police Chief Casey Rowe. “It’s important to help our communities, especially when it involves protecting residents and keeping neighborhoods in Hulbert safe,” Jordan, of Hulbert, said. “Sometimes city budgets can only go so far, so it’s great that the Cherokee Nation could help the city police department meet some of its needs.” The funds are from Tribal Councilors Jordan, David Walkingstick and Joe Byrd from Tribal Council law enforcement funds. “In this small community, donations help out a lot,” Rowe said. “It lets us show how safe our community can be with the Cherokee Nation’s help and we really appreciate this donation.”