African-Native American Genealogy Forum
The Year 1979 What Really Happened
From my understanding, the Creek freedmen were disenrolled, kicked out of the Creek nation, no longer citizens in the Creek nation. I would like to know all the details that brought about this disenrollment. Were the Creek freedmen allowed to participate (vote) regarding this disenrollment?
Did the Creek nation have a right to disregard the 1866 Treaty pertaining to Creek freedmen and make changes to citizenship requirements.
Also, from looking at varies documents pertaining to Creek freedmen and enrollment on the Dawes rolls, I saw a pattern that the reason that Creek freedmen were listed on the Freedmen roll was that the mother was not an Indian, so therefore, placed on the freedmen roll (the Creek Nation's right). Creek freedmen were slaves, so therefore, no right to determine anything.
When it comes to the various censuses taken, the census taker decided what to call a person, Black, White, or Indian, whatever, and had nothing to do with the Dawes rolls.
From an Indian point of view, I understand, that to be Indian you should have Indian blood and without it, no recognition, you have no right to citizenship. But, the problem with that line of thinking is, it cannot be applied to Creek freedmen because their citizenship in the Creek nation was based on the 1866 Treaty.
Can the 1866 Treaty be changed just because the citizenship requirements have changed? Is the treaty still valid?
Lawyers should be able to come to a conclusion about the 1866 Treaty and how it pertains to the Creek freedmen descendants today. Is it that hard?