NYTs Article on the Cherokee Quarterback for Oklahoma Sooners

From the NYTs:

TAHLEQUAH, Okla. — The meeting between the two North American Indian leaders had been called to discuss international issues, but Phil Fontaine, the national chief of the Assembly of First Nations, could not help deviating from the agenda.

Fontaine, whose organization represents more than 800,000 American Indians in Canada, wanted to know what the Cherokee Nation principal chief, Chad Smith, thought of Oklahoma quarterback Sam Bradford. “I heard he’s Cherokee,” Fontaine told Smith. “He’s having a great year.”

Smith confirmed that Bradford was indeed a citizen of the Cherokee Nation, and they continued talking about him. “It was a great conversation,” Smith said. “There we were talking Sam Bradford and O.U. football.”

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Ebony on the Cherokee Freedmen

It’s a little old, but an interesting read. Here is Ebony Magazine’s “What Does Indian Blood Look Like?”

what-does-indian-blood-look-like

Congrats to Stacy Leeds

From Indianz:

Stacy Leeds, a professor at the University of Kansas School of Law, will develop a comprehensive history of the Freedmen of the Cherokee Nation for a fellowship she was awarded by the Fletcher Foundation.

Leeds, a tribal member, was a former justice for the Cherokee Nation’s highest court. She wrote the decision that said the Freedmen were entitled to citizenship. Leeds subsequently ran for chief but lost to incumbent Chad Smith. Smith believes the tribe has a right to deny citizenship to the Freedmen. Leeds was awarded $50,000 fellowship and must complete her project within a year.

Get the Story:
Kansas Law Professor Named Fletcher Fellow (DIVERSE 7/10)
Friend of CAHC awarded Fletcher Fellowship (The Muskogee Phoenix 7/10)

Cherokee Nation Judicial Appeals Tribunal Decision in Freedmen Case:
Allen v. Cherokee Nation (March 7, 2006)

Obama on the Cherokee Freedmen

From the AP:

TULSA, Okla. (AP) – Democratic presidential candidate Barack Obama believes Congress should let the judicial system do its work before getting involved in a dispute over Cherokee citizenship.

Obama says an injunction is in place protecting the rights of Cherokee freedmen, and Congress should not undermine the legal process.

Cherokee citizens voted last year to take away the tribal citizenship of the freedmen, who are descendants of slaves formerly owned by the tribe.

Lawsuits over the matter are pending in federal and tribal court.

Obama says federal intervention in internal matters of Indian tribes is rarely productive, and Congress should let the Cherokees decide the matter.

D.C. Circuit Briefs in Vann v. Kempthorne

Here are the briefs before the D.C. Circuit in the ongoing Cherokee Freedmen case.

cherokee nation-appellant-brief

vann-appellee-brief

cherokee-nation-reply-brief

Cherokee Principal Chief Chad Smith to Conclude 2008 Federal Indian Bar

Here is the final, final agenda for the FBA Indian Law Conference, now featuring Cherokee Nation principal chief Chad Smith, who will be speaking about the Cherokee Freedmen issue.

final-fba-2008-agenda-plus-smith

Vann v. Kempthorne D.C Circuit Oral Argument Scheduled

The oral argument is scheduled for May 6, 2008, before Circuit Judges Tatel, Garland, and Griffith.

Here is the order.

Wagoner County Rural Water Dist. v. Cherokee Nation Dismissed

The Northern District of Oklahoma dismissed the Cherokee Nation as a party from this lawsuit — Wagoner v. United States — on the grounds that the McCarran Amendment did not abrograte tribal sovereign immunity.  The case is ongoing with the rest of the defendants.

Complaint

Cherokee Nation Motion to Dismiss

Wagoner Response Brief

DCT Order

Cherokee Freedmen, 40 Acres, and a Mule

From the Atlantic:

Up From Slavery

How great a difference would the famous “40 acres and a mule”— the plot of land promised to freed slaves after the Civil War but never distributed—have made to the long-term prospects of African Americans? In a new paper, a University of Michigan economist examines the fortunes of slaves freed after the Civil War by the Cherokee Nation. As Cherokee citizens, these freedmen were granted the right to “claim and improve any unused land in the Nation’s public domain.” Analyzing farm data from 1880, 15 years after emancipation, the paper finds that a black freedman in a Cherokee community was five times as likely to be a landowner as the typical African American in the former Confederacy. The average black Cherokee man owned livestock worth 80 to 90 percent as much as the livestock of a nonblack Cherokee citizen, whereas the typical Southern black’s livestock was worth only 45 to 60 percent as much as the livestock of the average white man. And the data suggest that Cherokee blacks were more likely to make savvy long-term investments: in 1880, 60 percent of Cherokee freedmen farmers had planted peach and apple trees (which take three to seven years to bear fruit), compared with only 5 percent of black landowners in the South. This evidence, the author concludes, vindicates General O. O. Howard, the superintendent of the Freedmen’s Bureau, who claimed that “more might have been done to develop the industry and energy of the colored race if I had been able to furnish each family with a small tract of land to till for themselves.”

“The Righteous and Reasonable Ambition to Become a Landholder: What Would Have Happened If Former Slaves Had Received Land After the Civil War?,” Melinda Miller, University of Michigan

Kansas Court of Appeals Applies ICWA

The case is In re M.B.

An excerpt:

The district court found that the Cherokee Nation had the opportunity to participate in all court proceedings once the court received notice of the children’s Indian heritage, and that any possible error in giving notice to the Cherokee Nation had been remedied with the intervention of the tribe. The Cherokee Nation was certainly aware that it could have petitioned the district court to invalidate the termination of parental rights. See 25 U.S.C. § 1914. However, the Cherokee Nation did not request the district court to do so. Furthermore, the Cherokee Nation has not challenged any of the district court’s rulings by participating in this appeal.

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