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Cherokee Chief: Responds Mayo's Column

Guest Commentary by Chad Smith,
Chief of the Cherokee Nation, OK
Cherokee News Path ~ Thursday, June 21, 2007

Copyright © 2007 Chad Smith
All Rights Reserved


Cherokee people in Sequoyah County need to understand the truth about what is going on in tribal court and with our tribal citizenship.

First of all, the Cherokee people have the right to decide who is a citizen of the Cherokee Nation. With the support of 83 percent of the Cherokees in Sequoyah County, the Cherokee people decided they wanted to be just like more than 500 other Indian tribes in the country: you have to be Indian to be a citizen of our Indian Nation.

Some of the non-Indians who lost citizenship are appealing their case in tribal court. But, contrary to what you might have read, the court has not ruled in their favor. The Cherokee Nation attorney general agreed to let non-Indians remain citizens while the appeal process progresses, but the court has not even begun to consider the arguments, much less rule on what the 1866 Treaty says.

A simple, straightforward reading of the 1866 Treaty with the United States shows that it did not provide citizenship for the Freedmen. Cherokee District Court Judge Cripps did not rule that barring the Freedmen could not be done under existing law. He ruled that Freedmen could be citizens while their case was pending in tribal court. Additionally, the highest Cherokee court and the federal courts have ruled the Cherokee people have the right to define membership even if it means barring people without Indian blood.

The head of the BIA has clearly stated, as reported on Indianz.com, May 23, 2007, that he will not cut federal funding and will not change the government to government relationship with the Cherokee Nation. He and the Department of Justice have publicly stated that the Cherokee Nation case is different than the Seminoles. In fact, just last week a federal judge refused to cut federal funds and federal recognition as requested by Freedmen. The BIA supported the Cherokee Nation in that case, and continues to do so today.

It is important for Cherokee people to know the truth: tribal and federal courts agree that we have the right to decide our citizenship; the BIA is fighting on our side in federal court; the Cherokee Nation has upheld it's duties under the 1866 Treaty, but the U.S. government has not.

(Published 6/14 in the Sequoyah County Times")


Related path(s):

*Cherokee Nation, Oklahoma

*Freedman Decision by JAT

*Bureau of Indian Affairs (BIA)

*Treaty With The Cherokee, 1866.
  Indian Affairs: Laws And Treaties
  Vol. II, Treaties
  Compiled and edited by Charles J.
  Kappler. Washington: Government
  Printing Office, 1904.

*Citizen Views Fall on Both
  Sides of Freedmen Issue
  Cherokee Nation News Release
  March 27, 2006


Related Cherokee Nation contact information:

Mike Miller, Cherokee Nation
Director of Communications
Phone: 918-456-0671 (ext.2210)
Fax: 918-458-5580
E-mail: Communications@cherokee.org

Larry Daugherty, Advertising Manager
Cherokee Nation - Public Affairs
Phone 918-456-0671 (Ex.2324)
E-mail: ldaugherty@cherokee.org


Steven Swogger, Agriculture Liaison
Natural Resources Department
Phone: 918-456-0671 (ext.2546)
FAX: 918-458-7673
E-mail: sswogger@cherokee.org

Bradley D. Peak, Cherokee Nation
Natural Resources Specialist
Phone: 918-456-0671 (ex.2843)
E-mail: bpeak@cherokee.org


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