African-Native American Genealogy Forum
Re: Press Release: DC Circuit Rules for Freedmen
In Response To: Re: Press Release: DC Circuit Rules for Freedmen ()
I can't help but feel the court's decision is similar to the Choctaw-Chickasaw Treaty of 1866 where the issue of adopting their formerly enslaved people was left as an option.
Not only was it left as an option but it was also predicated on the United States government fulfilling its fiduciary responsibility to secure citizenship for these particular former slaves or secure a land base for them to live NOT as Choctaw or Chickasaw citizens and implicitly NOT as U.S. citizens.
This court decision seems to be on that level. The issue is ultimately citizenship for Freedmen descendants, which requires the tribal leaders to adhere to the 1866 Treaty that granted them citizenship which was based on the 13th Amendment to the United States Constitution.
The tribal leaders are trying to convince the world that because they have tribal sovereignty, they can dictate who is an Indian/Cherokee while they change their constitution in violation of the Freedmen descendant's "Constitutional" Rights.
So where and when does the United States Congress enforce these rights which it has the right and fiduciary responsibility to perform?
As we have already seen, this case has been drawn out for several years now. Will it continue to be drawn out and people like Lucy Allen will unfortunately pass on with another "Dream Deferred?"
It was determined by Judge Hosea Townsend in Equity Case 7071 that the matter of citizenship was a political question and as I recall the court in your case came to the same conclusion, that citizenship in the Cherokee Nation was a political issue, Judge Townsend concluded that the issue should be resolved in Congress and I'm almost certain that so will the citizenship of the Cherokee Freedmen descendants.
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