African-Native American Genealogy Forum
Cherokee Nations Continued Violations of the US Constitution
After reading the information provided by Este lusti, it becomes much more clearer that the Cherokee Nation has a habit of violating the U.S. Constitution.
In the article posted on www.estelusti.com it demonstrates two important facts. Despite the specific wording that the freedmen were citizens, it is clear they were possessed with all the rights and privileges of Native Cherokees.
In a response from the president of the United States he too agrees that a violation of the Constitution occurred and it indicates he and Congress had the ability to correct the inequity of a per capita payment that essentially established the fact that the freedmen received citizenship in similar manner as the Cherokee by blood, Delaware and Shawnee, and for the Cherokee Council to single them out for non payment was a direct violation of the Treaty of 1866, 1863 and the United States Constitution.
It would appear with this much background the recent vote to expel the freedmen is again taking a selective process to violate all the terms for which the freedmen have a legal right too.
"1) The rights of the freedmen under the ninth article of the Cherokee treaty of 1866 (14 Stats., 801), which provides—
...“The Cherokee having voluntarily, in February, 1863, by an act of their national council, forever abolished slavery, hereby covenant and agree that never hereafter shall either slavery or involuntary servitude exist in their nation, otherwise than in the punishment of crime, whereof the party shall have been duly convicted, in accordance with laws applicable to all the members of said tribe alike.
“They further agree that all freedmen who have been liberated by voluntary act ‘of their former owners or by law, as well as all free colored persons, who were in the country at the commencement of the rebellion, and are now residents therein, or who may return within six months, and their descendants, shall have all the rights of native Cherokees.”
There are three classes of persons mentioned in said articles, viz:
Those liberated by the voluntary act of their former owners or by law;...
...Your committee insist and, submit that Congress could not confer power upon the Cherokee legislature to do an act in violation of existing law; that the power conferred by said act of appropriation was a legal power, and under such act the Cherokee legislature could not discriminate against any of its citizens legally entitled to their part of said appropriation. If so, they could have, by legislative enactment, directed it divided between and amongst the individual members of the legislature directing its disbursement, or to any one individual of their tribe, or, in fact, to any other person or persons, whether citizens of their country or not.
Your committee agrees that if the Cherokee legislature had directed said appropriation to be expended for school purposes for their whole people, or to defray the current expenses of their government, or for any other purpose lawful in its nature and not in violation of existing law, such expenditure would have been binding and beyond Congressional supervision.
Your committe find that, under article 6 of the treaty of 1866, all laws of the Cherokee Nation shall be uniform throughout the nation; and further, that should any such law, either in its provisions or in the manner of its enforcement, in the opinion of the President of the United States, operate unjustly or injuriously, he is authorized to correct such evil and adopt the means necessary to secure the impartial administration of justice, as well as fair and equitable application and expenditure of the national funds as between the people of said nation from that provision of the treaty and the relation that claimants bear to the Federal Government...
All free colored persons who were in the Cherokee country at the commencement of the rebellion or who returned within six months after the proclamation of the treaty;
The descendants of the two classes named.
As has been seen by the ninth article of that treaty, these persons acquired all the rights of native Cherokees, and if they are possessed of those rights, it is a violation of the treaty to deny them such rights. There is not the slightest doubt in my mind upon the subject. These people, having the vested rights of native Cherokees, they were entitled to their pro rata share of this fund...
The matter is presented for the consideration of Congress.
EXECUTIVE MANSION , March 2, 1886 .
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