(This is a copy of the Press Release pertaining to the BIA decision)

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Velie & Velie Attorneys at Law

210 EAST MAIN STREET, SUITE 222

NORMAN, OKLAHOMA 73069

CONTACT INFORMATION:   

Jonathan T. Velie   

Telephone: (405) 364-

 William Velie    

Fax:   (405) 364-2587

Toll-free:    (877) 304-2525                                                   

Email:  info@velieandvelie.com

August 7, 2003

 

PRESS RELEASE

BUREAU OF INDIAN AFFAIRS RECOGNIZES CHEROKEE ELECTION ALTHOUGH BLACK CITIZENS FORBIDDEN RIGHT TO VOTE

In a reversal of it’s earlier position, the Bureau of Indian Affairs has recognized an election that forbid the Black Citizens of the Cherokee Nation to vote for it’s tribal leaders and on a Constitutional amendment that would remove the President of the United States authority to approve Cherokee Constitutional amendments. The decision is in the face of earlier agency decisions, Treaty rights, recent federal decisions and a Supreme Court decision.

An unsigned August 6, 2003 BIA memo reversed the signed July 25th memo from Regional Director, Jeanette Hanna of the Muskogee, Oklahoma office In the earlier memo, the Bureau stated that the 1970 Principal Chiefs Act mandated the Nation to submit election procedures prior to the election. The Cherokees did not present the procedures and held an election and precluded the Black Cherokees from voting. The second memo ignored the statute and the earlier position and recognized the election even though approximately 25,000 Black Cherokees, also known as Cherokee Freedmen, were not allowed to vote.

The Black Cherokees citizenship in the Cherokee Nation is protected by the Treaty of 1866 between the United States and the Cherokee Tribe. Recent litigation occurred regarding a similar situation with the Seminole Nation of Oklahoma. When the Black Seminoles were ousted from the Seminole Nation of Oklahoma in one election and precluded from voting for Chief of the nation in a subsequent election, the Bureau of Indian Affairs took the position that the United States could not recognize the administration that claimed victory because the election did not permit the Black citizens of the Nation to vote.

The B.I.A. cut off federal funds to the Seminole Nation as it reasoned could not provide them to an illegal government. The B.I.A. currently does not recognize the Seminole government elected under the illegal election. The cases that stemmed from the B.I.A’s determination to enforce the Treaty Rights of the Black Citizens were Seminole Nation of Oklahoma v. Norton, 206 F.R.D. 1(D.D.C. 2001) (CKK) and Seminole Nation of Oklahoma v. Norton, 223 F. Supp. 2d 122 (D.D.C. 2002).  These cases said in short, the Treaty of 1866 ensured Tribal Citizenship of the Black Seminoles and the B.I.A.’s determination to not recognize the Tribe when citizens were not entitled to vote was appropriate.

The B.I.A. has flipped it’s reasoning a number of times regarding the Cherokee April 24, election. A March 15, 2003 letter signed by then Secretary of the Bureau of Indian Affairs Neal McCaleb, stated in pertinent part, that the Cherokee Nation could remove the clause from it’s Constitution requiring United States Presidential approval for amendments to the Cherokee Constitution, provided the Cherokee Freedmen are entitled to vote in the election. An April 23, memo also signed by Mr. McCaleb, stated that he did not actually sign or authorize his signature of the March 15, memo and removed the provision that the Black Cherokees needed to be able to vote in the Cherokee election.

The current situation means that Bureau of Indian Affairs has breached it’s duty to uphold the United States Treaty of 1866 as recently interpreted by the Seminole decisions. The effect of the determination strips the Black citizens of the Cherokee Nation from voting for their leadership and on a very important Constitutional amendment that would take out U.S. oversight.

The Bureau of Indian Affairs has breached its duty as trustee by recognizing an administration elected in opposition to relevant United States law, and has acted in direct opposition to the Seminole decisions, a 1942 Supreme Court decisions that mandates it to protect the Tribe as trustee, Wheeler v. Dept. of Interior, 811 F. 2d. 549 (10th Cir. 1987) that the B.I.A. it cited in the July 25 letter requiring mandate compliance with the 1970 Principal Chiefs Act, has made numerous inconsistent decisions in this matter and is acting inconsistently with its current stance in the Seminole Nation.

Jon Velie, Norman, Oklahoma attorney for the Cherokee Freedmen states, “The BIA decision to recognize an election that forbid the participation of approximately 25,000 voters based on a racist policy is a giant leap in the worst direction. It undermines the basic tenet of democracy of both the Cherokee Nation and the United States of America. It exposes sovereignty for the Cherokee Nation and all Native Nations as it begs for litigation on whether treaties must be obeyed, it takes the decision of who rules away from the people and it exposes the actors of both governments as sleezy, backroom political puppeteers.

Marilyn Vann, a Cherokee Freedmen, says, “The stripping of my vote and identity as a Cherokee fills my heart with sorrow and rage. How can the United States recognize my Tribe’s government and fund millions of dollars of aid to it, when it denies me my most precious asset, the right to vote for my elected officials and decide major Constitutional reform. I not only feel less of a Cherokee today but less of an American.”

For more information please contact Jon Velie, legal counsel for the Black Cherokees at the above address or numbers or via mobile at 405-821-5959. Attachments available upon request.

  Sincerely,

Jon Velie