There is no state or federal forum at present in the courts for
redress of dis enrollment by the tribes...tribes are sole decision
makers of their internal affairs..due process is satisfied by a tribal
council hearing or a membership committee hearing, then appeal to the
tribal council...federal case precedent is that the tribes are the
sole decision makers on this issue...except of course the Cherokee and
that 1866 Treaty....although the courts may treat the Tribes as
*corporations* for some purposes, today the concept is self
determination for a sovereign Nation and we can't tell say Frances
what to do, likewise the feeling is they can't tell the Indian Tribes
what to do....thus the Tribal decisions are final...
On 3/3/07, Debra Jackson/Harold Forsythe <[log in to unmask]> wrote:
> I am not a lawyer but I would be careful about discounting expelled tribal
> members' rights even without the 1866 Treaty that the Cherokee engaged.
> This is a very tricky area of law. Think, for example, if Indian nations
> are corporations, how the law of invest rights in corporate law might apply.
> If I can prove that I held stock in a corporation for 100 years, that I
> acted and benefited as a member of the corporation, then what now are my
> rights when other stockholders vote to exclude me?
>
> American Indian nations are not private clubs. The Civil Rights Act of 1964
> does not extent to private clubs, which may discriminate. But if nations
> act like private clubs, denying equal protection and due process to
> previously presumed members, what then is the legal status of their
> privileges, such as building and operating casinos. It is telling that
> excluded members have sued for equal protection in casino creation. This is
> going to be very messy because it is clear that reduction of membership, say
> for the Pachanga, can reasonable be implied to be a strategy to increase
> individual subsidies from casino profits for remaining members of the
> nation/corporation in good standing.
>
> Harold S. Forsythe
> ----- Original Message -----
> From: "Coats Family History" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Saturday, March 03, 2007 10:49 AM
> Subject: Re: MSNBC.com Article: Cherokees may expel slaves_ descendants
>
>
> > Yes, in some cases the casinos have made a difference...but each tribe
> > handles the earnings differently...Pachanga gives it out per capita,
> > which means each member of the tribe, each adult member of the tribe
> > that is, gets about $20,000.00 per month...but most then turn and use
> > the funds to improve the tribal government or reservation life...the
> > Cherokee's however, don't do that...
> >
> > The Freedmen have filed suit in Federal Court over this, case still
> > pending...but they have also filed in the court of claims for their
> > own casino...which I thought was interesting...along with other
> > monetary demands...
> >
> > So it is indeed an interesting case only because of the 1866 treaty,
> > otherwise, the federal government would not get involved and
> > membership would be left up to the tribes with no way for disenrolled
> > members to seek out a remedy...
> >
> >
> >
> > On 3/3/07, Anita L. Henderson <[log in to unmask]> wrote:
> >> In a message dated 3/3/07 9:17:37 AM, [log in to unmask] writes:
> >>
> >>
> >> > This has nothing to do with fear and prejudice. This has everything to
> >> > do
> >> > with defining and enforcing membership requirements, with the decision
> >> > being
> >> > put before the membership in a valid and legal way and voted upon by
> >> > that
> >> > membership. One either is eligible or one is not. Political correctness
> >> > requires that no one of any race, religion, origin, sexual orientation,
> >> > blah blah
> >> > blah, be denied membership in anything for any of those reasons, which
> >> > ultimately means that no one can have a club, an association, or any
> >> > gathering of
> >> > any kind restricted by anything. I'd bet my first-born's inheritance
> >> > that if
> >> > only Caucasians were at risk, public outcry would be minimal (and
> >> > unreported
> >> > by the press) or non-existent. Either the Cherokee are a
> >> > self-regulating
> >> > group or they are not. "Sad" would be if the federal government decides
> >> > to
> >> > step in and wave its magic wand on behalf of the "disenfranchised."
> >> >
> >> >
> >> > Anita Wills <[log in to unmask]> wrote: My brother took a DNA test
> >> > which
> >> > showed our paternal line to be at least 1/2
> >> > Native from Columbia South America. We were surprised at those results,
> >> > as
> >> > our forebearers were slaves in South Carolina. I have proved several
> >> > Native
> >> > lines and am a member of a State Recognized Tribe in Virginia. One of
> >> > my
> >> > friends has Sioux lines, but cannot join the tribe, because her mother
> >> > was
> >> > adopted out and her race was turned to white. I don't know what to
> >> > think
> >> > about this situation, but my hope is that we will all realize fear and
> >> > prejudice are our greatest enemy. They will destroy us long before our
> >> > enemies make it to the door.
> >> >
> >> > Anita
> >> >
> >> >
> >> >
> >>
> >> Dear Anita and Emma?:
> >>
> >> Your statements both are valid. In the old days (30 years ago or
> >> earlier),
> >> it wasn't fashionable to admit to Indian let alone black ancestry.
> >> Everything was SHHHHHH!!! After the Hemings/Jefferson news event of
> >> several years
> >> ago, I noticed that phenotypically white folks were admitting very
> >> proudly that
> >> they had black ancestry.....what a difference a few years make ;-0!! I
> >> also
> >> suspect the previously impoverished Indian tribes have had a economic
> >> turnaround with the advent of casinos on the reserves which has brought
> >> out every
> >> Indian wannabe out of the woodwork. It is a shame that has happened as
> >> it has
> >> caused some of these tribes to block out folks who are valid members of
> >> the
> >> tribe. To illustrate my first point, I recall a funny incident
> >> related to me by
> >> a fellow member of AAHGS (Afro-American Historical and Geneaological
> >> Society), the largest black geneaology group in the US. As a retired
> >> person, she
> >> frequently volunteered on the old 4th floor location of the National
> >> Archives in
> >> DC helping out novice geneaologists. One day a few months after the
> >> Hemings/Jefferson news broke a very excited, young white man approached
> >> her with a
> >> request to help research his black ancestors. She remarked chuckling,
> >> how
> >> much had changed in her lifetime with regards to race! I do recall on
> >> the
> >> African Lives program from last year on PBS, the Penn State geneticist
> >> Mark Shriver
> >> who did the geneaology for the 8 prominent African-Americans, commented
> >> that
> >> there was a sizeable percentage of the present day white population whose
> >> had
> >> ancestors dating from the 17th-early 19th century with either Indian or
> >> black
> >> ancestry. Shriver checked his own DNA and found out he had 11% African
> >> ancestry! People forget that intimate contact between white and black
> >> indentured
> >> servants was primarily consensual which diminished with the death of the
> >> indentured servitude system. An interesting book entitled "We Were
> >> Always Free,
> >> The Maddens of Culpeper County, A 200 Year Family History" by T. O.
> >> Madden,
> >> the great grandson of Willis Madden touches on this. Amazon.com: We
> >> Were
> >> Always Free: The Maddens Of Culpeper County, Virginia, A 200-year Family
> >> History
> >> (The Virginia Bookshelf): Books: T. O. Madden,Ann L. Miller He was the
> >> free
> >> black grandson of an Irish indentured servant mother and a black enslaved
> >> father. The children and subsequent generations were free and Madden by
> >> the time
> >> of the CW was the biggest taxpayers in Culpeper County. He owned a
> >> popular
> >> tavern and inn just southeast of Culpeper CH which was ironically trashed
> >> by
> >> the Union Army. The Madden family still lives in Culpeper and Willis
> >> Madden's
> >> story is prominently featured in the wonderful Culpeper County Historical
> >> Museum.
> >>
> >>
> >> Anita L. Henderson
> >>
> >>
> >> **************************************
> >> AOL now offers free
> >> email to everyone. Find out more about what's free from AOL at
> >> http://www.aol.com.
> >>
> >> To subscribe, change options, or unsubscribe, please see the instructions
> >> at http://listlva.lib.va.us/archives/va-hist.html
> >>
> >
> >
> > --
> > Cherokee Basketweaving Books:
> > http://stores.lulu.com/cherokeebasketweaver
> >
> > See more of my Baskets:
> > http://www.flickr.com/photos/cherokeebasketweaver/
> >
> > Visit the Family History Store at LuLu:
> > http://www.lulu.com/allfamilyhistory
> >
> > Can't find the records you need and you're a male surnamed Coats or
> > varitation, order a DNA kit to join our DNA project:
> > http://www.familytreedna.com/surname_join.asp?code=A59642&special=True
> >
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> > http://www.coatsarchive.us
> >
> > Baker DNA Project
> > http://www.bakerdna.net/
> >
> > Need Original Records?
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> > http://www.pagesthroughtime.us
> >
> > Becoming a grandmother is wonderful. One moment you're just a mother.
> > The next you are all-wise and prehistoric.
> > ~Pam Brown
> >
> > Grandchildren don't stay young forever, which is good because
> > Grandaddies have only so many horsey rides in them.
> > ~Gene Perret
> >
> > To subscribe, change options, or unsubscribe, please see the instructions
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>
> To subscribe, change options, or unsubscribe, please see the instructions
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>
--
Cherokee Basketweaving Books:
http://stores.lulu.com/cherokeebasketweaver
See more of my Baskets:
http://www.flickr.com/photos/cherokeebasketweaver/
Visit the Family History Store at LuLu:
http://www.lulu.com/allfamilyhistory
Can't find the records you need and you're a male surnamed Coats or
varitation, order a DNA kit to join our DNA project:
http://www.familytreedna.com/surname_join.asp?code=A59642&special=True
Coats Archive
http://www.coatsarchive.us
Baker DNA Project
http://www.bakerdna.net/
Need Original Records?
Pages through Time
http://www.pagesthroughtime.us
Becoming a grandmother is wonderful. One moment you're just a mother.
The next you are all-wise and prehistoric.
~Pam Brown
Grandchildren don't stay young forever, which is good because
Grandaddies have only so many horsey rides in them.
~Gene Perret
To subscribe, change options, or unsubscribe, please see the instructions
at http://listlva.lib.va.us/archives/va-hist.html
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