For Immediate Release – February 2, 2007

Contact – Marilyn Vann 405-818-5360 or Jon Velie : 405-364-2525 or 405-821-5959

  Cherokee Freedmen Tribal Members file for Preliminary Injunction in Washington DC Federal Court to stop March 3, 2007 Election designed for their Disenrollment from Tribal Membership

On February 1, 2007, attorneys for Cherokee Freedmen plaintiffs in the lawsuit Vann et al Versus Kempthorne (case no 1:03 cv01711 – HKK) filed a preliminary injunction in the Washington DC district court to halt a special election called by the Principal Chief of the Cherokee nation which is designed to remove the freedmen tribal members from the voting ranks of the Cherokee nation through amendment of the tribal constitution. If dis-enrolled, the freedmen tribal members will not be allowed to vote in the June 2007 regular elections for tribal officials.  The special election was called by the Chief using authority claimed under a constitution not recognized by the Federal government.

  The Cherokee nation on January 22, 2007 Appealed the denial of a motion filed by the tribe to dismiss the lawsuit Vann et Al Versus Kempthorne  filed by Cherokee freedmen tribal members to stop the Department of Interior from approving a constitutional amendment to the 1975 constitution in which the freedmen were not allowed to vote on. The constitutional amendment supported by the tribal officials would allow the Cherokee nation to approve new constitutions and constitutional amendments without the authority of the US government.  The Federal judges’ ruling to allow the case to continue was based primarily on the 13^th amendment to the US constitution and the treaty of 1866.  

  The freedmen tribal members are descendants of former Cherokee slaves and free mixed African Cherokee Indians who were guaranteed tribal membership by a treaty in 1866 signed by Cherokee officials and the US government.  The freedmen tribal members were listed on a separate section of the Dawes rolls by the US government Dawes Commission about 1900 when tribal lands were allotted to all tribal members to allow their allotted lands to become saleable in 1904 under an act of Congress.  For that reason, the freedmen tribal members were not given “degrees of Indian blood” by the Dawes commission although the Dawes commission did record testimonies as to the freedmen tribal members Indian ancestry and recorded whether the freedman had  an Indian father or Indian mother. The freedmen were recognized as tribal members, and had even held  office until 1983 when they were blocked from the polls by Principal Chief Swimmer, and later Chief Wilma Mankiller.

A March 2006 tribal court decision held that all Dawes enrollees and their descendants are tribal citizens holding such rights under the tribal constitution and could not be barred from the rights of tribal membership including voting.  A dis-enrollment movement led by the Principal Chief and some members of the tribal council immediately began. Tribal officials and former tribal officials such as former Deputy Chief John Ketcher went throughout the Cherokee nation, stating that the “freedmen were forced on the tribe”;  “the freedmen do not have Indian blood” and the freedmen have no treaty rights to citizenship – all  statements which the tribal courts, federal courts, and study of the Dawes rolls and accompanying census cards and testimonies show to be utterly false . The proposed constitutional amendment is designed to eliminate from the voting rolls all persons whose tribal ancestry is derived solely from ancestors on the freedmen and intermarried white sections of the Dawes rolls. Although tribal officials state that the amendment will allow the people to have an “all Indian tribe”, the proposed amendment does not eliminate from citizenship Caucasian tribal members whose ancestors were listed as adopted whites (and without blood quantum) by the Dawes commission on the Cherokee by blood and Delaware sections of the Dawes rolls – including descendants of whites whose ancestors purchased Cherokee tribal memberships.

For more information Contact – Marilyn Vann 405-818-5360 www.freedmen5tribes.com