Master of Jurisprudence in Indian Law - University of Tulsa College of Law
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Opinion
Tim Giago: Rep. Watson attacks Cherokee Nation


I must take exception to a column by Congresswoman Diane Watson (D-CA) published on the huffingtonpost.com on Oct. 25, 2007.

Before anyone starts to complain about the perceived mess in the backyard of their neighbor, perhaps they should clean up their own backyard first.

This is particularly true in the case of the accusation leveled by Ms. Watson against the Cherokee Nation. Ms. Watson wrote, “The citizens of the Cherokee Nation voted last March to expel their black citizens in a manner that equaled if not surpassed the most vitriolic attack against African Americans in the once segregated South.”

She then goes on to justify this untrue statement by bringing up an ancient historical fact that certain Indian tribes were slave owners. “As an independently recognized nation in the 19th Century, the Cherokee Nation embraced and promoted African slavery.”

I wonder if Ms. Watson has ever visited the Cherokee Nation? If she did she would soon see that there are many Cherokee citizens of African American heritage living and working amongst the other Cherokee citizens.

When Oklahoma became a State one of its first acts was to take Cherokee lands, allot them to individual tribal members, not in trust, but by restricted fee. The allotees were given an option to take 40 acres of their 160 acre restricted fee allotments as homesteads to be held in restricted fee status for 21 years. The remaining 120 acres would be held in restricted fee status for three years. After that the county could tax the 120 acres, worse yet, non-Indian squatters could move on the 120 acres and eventually claim title through adverse possession. Today it is not uncommon to see 40 acre allotted tracts owned by Indians while whites own the remaining 120 acres.

Scheme after scheme by the white-controlled state and national governments were set into motion to divest the Cherokee and the other Indian nations of their lands. These actions violated every treaty ever signed between the Indian nations and the United States of America. The American government broke every treaty, including the Treaty of 1866 that Congresswoman Watson is so fond of quoting. Whether the 1866 Treaty granted citizenship to the Freedmen and their descendants is mute. The American government saw to that.

When the question of whether the Freedman were citizens of the Cherokee Nation was put on the ballot in March of 2007, 76 percent of the citizens of the Cherokee Nation voted NO. Principle Chief of the Cherokee Nation, Chad Smith said, “We believe the Treaty of 1866 never granted citizenship to the Freedmen and their descendants and that we have fully complied with our treaty obligations. We also believe that the Congress clarified that today’s Freedmen descendants are not entitled to citizenship in the Nation by passing the Five Tribes Act in 1906. Regardless of what Congress believes, this issue is before the courts.”

Congresswoman Watson hails from the mighty State of California. If she had bothered to look around in her own backyard she would have noticed that some of the most notorious actions of disenrollment of tribal members by sitting tribal governments is happening right under her nose. Several hundred former members of California tribes have been kicked out in the cold without apparent comment or action by Ms. Watson. Why then is she making herself such a thorn in the side of the people of the Cherokee Nation? I am pretty certain that there are a few thousand Indian people in her own state that wish she would pay attention to their state of disenrollment.

Congresswoman Watson’s bill calls for the de facto termination of the Cherokee Nation and does away with $300 million in federal health, housing and other vital services provided to the Nation through their treaty rights. The Cherokee Nation has the same rights as the other more than 500 Indian nations to choose their own membership without fear of termination based on the false and erroneous beliefs of a Congresswoman from California.

Chief Smith said, “The Cherokee Nation will abide by the outcome of the ongoing litigation in the federal and tribal courts. Before rushing to judgment, we hope Congress will also let the courts decide this issue without political interference.” Amen, I say to that.

I believe Congress has more important things to do than to interfere in the legal rights of the Indian nations. But if Ms. Watson is so keen on making judgments against the people of the Cherokee Nation, I suggest that she be just as adamant in her condemnation of other Indian nations, particularly those in her own state of California where disenrollment has become a way of life.

Tim Giago, an Oglala Lakota, was born, raised and educated on the Pine Ridge Reservation in South Dakota. He was a Nieman Fellow at Harvard in the Class of 1991 and founder of The Lakota Times and Indian Country Today newspapers. He founded and was the first president of the Native American Journalists Association. He can be reached at najournalist@msn.com.

More Tim Giago:
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Tim Giago: Remembering Vernon Bellecourt (10/22)
Tim Giago: American Indians are not mascots (10/15)
Tim Giago: Stop trying to rename 'Indians' (10/8)
Tim Giago: The origins of Native American Day (10/1)
Tim Giago: Growing up in Kyle, Pine Ridge Reservation (9/24)
Tim Giago: Healing the wounds that haunt Pine Ridge (9/17)
Tim Giago: Closing a dark chapter at Pine Ridge (9/10)
Tim Giago: AIM responsible for Anna Mae's death (9/4)
Tim Giago: 'Commod bods' going out of fashion (8/27)
Tim Giago: Tribes should include all their citizens (8/20)
Tim Giago: Hollywood dashes hopes of 'Wounded Knee' (8/6)
Tim Giago: Honeymoon is over for California tribes (7/30)
Tim Giago: Modern Indian heroes compiled in book (7/23)
Tim Giago: Media errors in 'State of Native Nations' (7/9)
Tim Giago: Columnist disparages Native people (7/2)
Tim Giago: Pine Ridge still needs a hand up (6/25)
Tim Giago: The great horse of the Pawnee Nation (6/18)
Tim Giago: Indians still the most misunderstood (6/11)
Tim Giago: The theft of the sacred Black Hills (6/4)
Tim Giago: Clear and present danger to sovereignty (5/28)
Tim Giago: Rich tribes still not helping poor ones (5/21)
Tim Giago: Standing ground against 'Dropout Nation' (5/14)
Tim Giago: Indian prophecies and medicine (5/7)
Tim Giago: Help the poorest county in America (4/30)
Tim Giago: Honoring those who died at Washita (4/23)
Tim Giago: Mainstream media ignores the real issues (4/16)
Tim Giago: Racism and hypocrisy over Imus (4/11)
Tim Giago: Kill the Indian and save the child (4/9)
Tim Giago: The dark legacy of boarding schools (4/2)
Tim Giago: Tribes continue to surrender sovereignty (3/26)
Tim Giago: Venezuela steps up for Indian nations (3/19)
Tim Giago: Cherokee Nation votes out Freedmen (3/12)
Tim Giago: Oglala Lakota Tribe still struggling (3/5)
Tim Giago: A view from South Dakota, the 'red' state (2/26)
Tim Giago: 'Chief Illiniwek' does his last dance (2/19)
Tim Giago: Greed is the new God in Indian Country (2/12)
Giago discusses 'dark legacy' of boarding schools (2/5)
Tim Giago: Writing helped heal wounds of abuse (1/29)
Tim Giago: How many others will die over Iraq? (1/22)
Tim Giago: Apache journalist opens doors in media (1/15)
Tim Giago: Newspaper fills gap in South Dakota (1/8)
Tim Giago: Recognize an Indian hero in the new year (1/2)
Tim Giago: Christmas and Lakota traditions (12/25)
Tim Giago: Sen. Johnson never wanted the spotlight (12/18)
Tim Giago: The 1890 massacre at Wounded Knee (12/11)
Tim Giago: R-word just as insulting as the N-word (12/4)
Tim Giago: Mainstream media lacking in accuracy (11/27)
Tim Giago: Thanksgiving - A holiday of the imagination (11/22)
Tim Giago: State stifling growth on reservations (11/20)
Tim Giago: Taking stock of Election Day 2006 (11/13)
Tim Giago: Few roles for Indians in Hollywood (11/6)
Tim Giago: Freedom of the press has a chance (10/31)
Tim Giago: Important election day for South Dakota (10/24)
Tim Giago: White media ignores Indian contributions (10/17)
Tim Giago: Termination a dirty word in Indian Country (10/10)
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Tim Giago: Culturecide started with innocent children (09/19)
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