Legal Defense Fund

for Cherokee Freedmen Established

August 2003

After a recent reversal of decision taken by the BIA, a  defense fund for the plaintiffs in the recent case against the Department of the Interior has been established.

This effort has been initiated by persons in support of the Cherokee Freedmen plaintiffs. The initiative is,  based on issues pertaining to funds used for legal expenses, an effort to support the case currently underway  Funds initially used for legal expenses have been withdrawn by the Cherokee Nation. However, others have established an effort to see that continued support be sent to attorney Velie & Velie Atorneys at Law, in Norman Oklahoma in their support.

Who are the Freedmen?  The Cherokee Freedmen, are descendants of mixed black and Cherokee, free persons of color, and former slaves, all designated as Cherokee Freedmen by the Dawes Commission. Recent efforts since the 1970s have emerged when persons of any African ancestry who had Cherokee citizenship, have been systematically excluded from participation as citizens in their nation. 

An issue of blood quantum or proof of Indian blood, has been the rationale for exclusion.  Not unlike Jim Crow-era Grandfather clauses, the "blood quantum" sanctuary is a safe place where those seeking to exclude rights of all citizens, can take refuge.  The old Grandfather clauses of the deep south, were based on the right to vote "if your grandfather" voted.  The comparison to the blood quantum issue emerges, when persons, with documented blood ties to the nation were overlooked and intentionally never recorded for persons who had a "particular" admixture. A simple glance at the Dawes Rolls illustrates that the blood quantum was omitted can be seen by looking at the rolls themselves. On the document, there is a column that requires blood quantum.  The Freedmen Rolls do not say 0% blood. There are merely left empty. Not one entry indicates that there is no presence of Indian blood. The information was simply and deliberately not recorded. (The Final Dawes Rolls can be found in National Archives publication, T529.)

Particularly evident, is the intention and attitude of the "keepers of the roll" who stand firmly behind the rolls.  Interestingly, the fact that other adopted citizens, such as Shawnees, with 0% Cherokee blood, adopted Delawares, with 0% Cherokee blood, and intermarried whites with  0% Indian blood---are still welcomed as citizens---this is overlooked and not addressed, by such persons. 

In recent weeks, the issues pertaining to use of funds to support the lawsuit have emerged. Others have asked, how much money has been spent in legal funds for the prevention of the enrollment of persons designated as Freedmen? Since the Nero case, how much tribal money has been spent preventing the enrollment of law abiding Cherokee citizens, who have black blood, from participating?

Over the past twenty years, there have been attempts by various persons to re-establish their status as citizens. Rev. R. H. Nero, an elderly gentleman, an original enrollee on the Dawes Commission, was spurned in 1984 by the Nation. Bernice Riggs, an elderly woman, now in diminishing health, a native of Tahlequah, and once an activist in her community, was spurned by the Supreme Court of her nation.  She having blood ties to the oldest and most distinguished Cherokee families, has, like others who have African blood mixed with their native blood, been denied rights and privileges as a citizen of her nation. These elders and others have posed no threats to their nation, yet there are those whose intense disdain and hatred for them is evident, and whose motivation is interesting to observe.

For the plaintiffs, caution is now being taken.  Like many activists of the Civil Rights era, accusations of their intentions are made, and some have expressed concern.  Supporters of the incoming tribal council have accused the plaintiffs of "storming" the recent tribal meeting, broadcast live, which showed neither disruptive behavior, nor any evidence of "storming" to have taken place. Others have begun to receive verbal, and some physical abuse, having objects thrown at them, or their property, and have begun to put themselves on alert for other confrontations.  Resembling hostilities and hatred from the Deep South, in the Civil Rights era, others are now speaking about general feelings of animosity expressed by persons sympathetic to the status quo.

All that being observed, the legal defense fund, is being established to provide financial assistance to the attorneys and for the support of the lawsuit currently underway.

Those wishing to support the fund may direct funds to:

Velie & Velie, Attorneys at Law

210 E. Main Street

Norman Oklahoma  73069