Tulsa World: BIA action on freedmen to await court's ruling

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BIA action on freedmen to await court's ruling

By JIM MYERS World Washington Bureau
Published: 6/13/2008 2:11 AM
Last Modified: 6/14/2008 9:38 AM

WASHINGTON — The Bureau of Indian Affairs will not take further action on the long-running controversy over the Cherokee Nation and the descendants of former slaves until a pending court case is resolved, it was learned Thursday.

"The United States Court of Appeals for the District of Columbia has before it a case that will help determine the status and the rights of the Freedmen'' descendants, states a May 22 letter from Carl Artman, then the BIA's director. "The Department will await the final outcome of this case prior to taking any further action with regards to the Freedmen" descendants.

Artman's letter was to Democratic U.S. Reps. Diane Watson of California, Mel Watt of North Carolina, Barney Frank of Massachusetts and John Conyers of Michigan. Those four lawmakers met with Artman in March to have him clarify the BIA's position on the status of the freedmen descendants.

Artman has since resigned.

Cherokee Nation Principal Chief Chad Smith on Thursday welcomed Artman's letter.

"Since the Cherokee Nation has fully complied with the Treaty of 1866, it's the right thing to do," he said.

Smith believes that Artman's letter is consistent with the historic practice of the BIA of acknowledging the Cherokee Nation's right to require that citizens have an Indian ancestor on the Dawes Rolls of the Cherokee Nation, a federal census that concluded in 1906.

"We hope Congress follows the BIA's example of waiting for the courts to decide before taking premature punitive action against the Cherokee Nation that will cut nearly $300 million in federal funding for elderly, young, infirm and low-income Indians," Smith said.

Watson, the most vocal congressional critic of the Cherokee Nation, said she was not surprised by Artman's response.

"From the beginning the strategy of the bureau has been consumed by inaction, despite the fact that Mr. Artman has said that the Cherokee Nation will violate the 1866 Treaty if it expels the freedmen'' descendants, she said.

"The failure of the bureau to act demonstrates the need for additional congressional action and oversight."

A group of freedmen descendants filed a federal lawsuit challenging a March 2007 vote by Cherokee Nation members to remove freedmen descendants from tribal rolls.

Jim Myers (202) 484-1424
jim.myers@tulsaworld.com
By JIM MYERS World Washington Bureau

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