The Cherokee Observer 2Rkg2rkg2rkg 2Huje2huje2huje "The Only Independent Cherokee Newspaper" Vol
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The Cherokee Observer 2rkg2rkg2rkg 2hUje2hUje2hUje "The Only Independent Cherokee Newspaper" Vol. 15 No. 1 - January 2007 Copyright © 1992-2007 Worldwide Rights Reserved $.75 per Copy Serving the Cherokee People Since 1992 ANNIVERSARY ISSUE CONSTITUTIONAL CRISIS Ed. Note: This article shows how Chief Smith's Slate FEDERAL JUDGE SETS HEARING DATE council representatives have failed the Cherokee people. Speaker Frailey Attacks Reporter FOR PRELIMINARY INJUNCTION RE- and Citizens’ Rights QUEST TO HALT MARCH 3 2007 SCHED- Slate Decides No Increase In Punishment Tahlequah, Cherokee Nation – request. The meeting was ULED CHEROKEE NATION ELECTION SET On Serious Crimes According to witnesses, a new specifically called by a majority UP BY TRIBAL LEADERS TO KICK OUT low was reached this month in of non-slate Councilors, to BLACK INDIAN TRIBAL MEMBERS The Cherokee Council failed by one vote to override, (9-6), Chief the struggle for the Cherokee discuss removing a question Chad Smith’s veto, of the Crimes Against Public Justice Act of 2006, people’s civil rights when placed on the General Election recently appointed Speaker of ballot by the Council On February 9, 2007, Federal reparations from the tribe or the during the Full Council meeting in May, which would have increased the Council and Chair of a concerning freedmen Judge Henry Kennedy set a hear- federal government. the possible penalties a judge could order as punishment on crimes special Rules Committee citizenship. ing date such as bribery, forgery, perjury, fraud, embezzlement and stealing to meeting, Meredith Swimmer pertaining to a preliminary injunc- The special election places a pro- political banishment whereby anyone found guilty or an accessory to Frailey, Mayes County, ordered At Large Councilor Taylor tion request by Cherokee freedmen posed constitutional amendment such crimes could not hold public office or be employed by the a reporter to stop filming the Keen, said, “Because a Special tribal members to halt the special before Cherokee voters which tribe. Ten votes are required for an over ride. proceedings at a public meeting Election is now officially Cherokee nation election. The would remove tribal membership and then after that same scheduled and a similar hearing is set for Wednesday Feb- from those whose membership is meeting allegedly accosted question will be voted on only ruary 21, 2007 at the US District derived solely from a ‘freedmen Linda O’Leary, of Delaware County, brought forth the Act which was another reporter. two days before the General Court, District of Columbia in tribal member who was enrolled by approved by the Full Council in April as good legislation. However Election begins, the Council’s Washington DC. The hearings will the Dawes Commission approxi- few vetoed Acts have been over ridden this term even though they During the meeting Frailey, question that was proposed begin at 3pm in Courtroom 27A. mately 100 years ago on a “Chero- may have been unanimously supported by Council as good legislation who is an attorney, sent an before any of this happened Attorneys for the freedmen tribal kee freedmen” section of the Dawes initially. order through Gail Miller, an now becomes redundant and is members will present oral argu- rolls. Although tribal leaders state employee of the Council, moot.” notifying Jenni Monet to cease ments as well as attorneys repre- that the amendment if passed will According to Principal Chief Smith, the act as written was too narrow Keen proposed removing the senting the Cherokee nation and give the tribe an “all Indian tribe” video taping the public meeting. in its overall goal. In addition, the act was open to vague interpretation Monet quietly complied. Council question as a matter of Principal Chief Chadwicke Smith. and state to the voters that no “In- of who was included in the definition of “department head.” Monet, an independent proper legislative house The tribe and the Principal Chief dians’ will be dis-enrolled, the pro- Within were added as defendants to the posed amendment does not remove Smith’s veto he questioned “Is stealing a crime in the lawsuit Vann et Al Versus citizenship from descendants of Cherokee Nation?” Kempthone ( filed to stop the US adopted whites – who were identi- Department of Interior from ap- fied as such and listed without proving a tribal constitutional blood quantums by the Dawes The nine Councilor members voting to raise the punishment amendment removing Federal Commission and placed on the on serious crimes were: Joe Crittenden of Adair County, oversight of new constitutions and Cherokee by blood roll and Dela- Johnny Keener of Mayes County, David Thornton of constitutional amendments in ware rolls, including some whose Sequoyah County, Bill John Baker and Audrey Connors, which freedmen citizens were not ancestors purchased tribal mem- of Tahlequah, Linda O’Leary and Melvina Shotpouch of allowed participation) after filing berships. motions with the court to dismiss Delaware County and Chuck Hoskins of Craig County. the lawsuit. The Freedmen tribal The proposed amendments makes members are descendants of no provision to retain tribal mem- The six who voted not to increase punishment to discourage former slaves of Cherokee Indians bership of those freedmen tribal and prevent serious crimes were: Jackie Bob Martin of or free mixed African- Indians members who can establish proof Adair County, Meredith Swimmer Frailey of Mayes County, whose tribal membership rights of Indian ancestry thru records Phyllis Yargee of Sequoyah County, Cara Cowen of Rogers are guaranteed by an 1866 treaty prepared by the Dawes Commis- with the US and Cherokee nation sion such as census cards or testi- County, Bill Johnson and Buel Anglen of Tulsa County. governments. Judge Kennedy on monies. Neither will the proposed December 19th 2006 refused to dis- constitutional amendment remove Frailey an attorney, who serves as Chair on the Rules miss the Freedmen lawsuit and al- the citizenship rights of adopted Councilor Meredith Swimmer Frailey, Speaker of the Council, Committee where all new law must originate, stated she Chairs the meeting called by a majority of Councilors after she lowed the plaintiffs to add the Prin- Delawares or Shawnee Indians didn’t understand the Act and voted against it. Since refused to schedule it to discuss the freedmen question. cipal chief and the tribe as defen- who have treaty rights to citizen- dants to the lawsuit based on the ship or of adopted Creeks, Natchez becoming Councilor in 2003 to represent Cherokees in reporter, has been filming at cleaning. Keen explained that freedmen tribal members treaty Indians, or Catabas (or adopted Mayes County, District 6, Frailey has voted straight down tribal events in an effort to the Cherokee Nation Supreme compile a documentary about Court has ruled that a petition rights and the US government 13th whites ) who have no treaty rights the line with the Chief s political slate. the Freedmen. circulated by former Deputy constitutional amendment. to Cherokee citizenships Chief John Ketcher had Keener, who also represents District 6, has voted consistently to A majority of Councilors have sufficient signatures to place an The removal of the freedmen tribal Marilyn Vann, lead plaintiff in the create better law and more accountability in the tribe however the authority to call a special identical question on a special members prior to the June 2007 Vann et al case and a descendant Frailey has voted opposite on almost every important issue. ballot now scheduled for March general elections for tribal officials of Cherokee Indian Catherine 3rd and also ruled that Chief is publicly supported by the Prin- Fields who came to Oklahoma dur- Keener, an elder full blood, said “It is as if Meredith is representing Chad Smith was within his cipal Chief and some members of ing the trail of Tears during the rights to call the Special the tribal council. The proposed 1830s states that “ She is quite dis- an entirely different group of people from somewhere else. When Election. special election was made possible mayed that the Cherokee nation she votes it is like there are two different worlds of Cherokees by the Principal Chief using pow- leaders would advocate going the within our District. But I have lived here long enough to know “The Council proposing the ers under a tribal constitution not way of other nationswho have re- that just isn’t true,” he said. same question on the 2007 recognized by the US government moved citizenship of long time citi- general election is in which the freedmen tribal mem- zens against their will such as the Some of Frailey’s voting record is: unnecessary,” Keen said. “The bers had no participation in its de- Nazi Germans who removed citi- Cherokee people exercised their sign or enactment. zenship of German Jews in 1935 constitutional rights and 1 . Voted against creating an Attorney General position that circulated a petition. They were and South Africa which removed would serve as an independent prosecutor within the tribe to be The injunction request stated that citizenship of Black South Africans the proper body to bring forth elected instead of being appointed by a Chief, irreparable harm would be done to in 1970. The Cherokee freedmen Jenni Monet is a TV journalist such a question,” he added. compiling a documentary movie on the plaintiffs if the election was al- have only asked that their treaty 2. Voted against Cherokee people having the right to call a Indian freedmen. Councilor Joe Crittenden, lowed to take place while the tribe rights be upheld by the US govern- Adair County, said, “For the Grand Jury to investigate improprieties within the Cherokee meeting. Frailey refused to would not suffer irreparable harm ment and the tribe. The Cherokee Council to propose such a Nation government.