"Without a clear understanding of the issue, Sen. Barack Obama (D-Ill.) has weighed in on the side of the Cherokees by publicly opposing my legislation, H.R. 2824, which suspends U.S. relations with the Cherokees until the rights of Freedmen are restored. Sen. Obama also takes exception to a recent Congressional Black Caucus (CBC) letter sent to Senate Majority Leader Harry Reid (D-Nev.) in which the caucus declares its opposition to Native American housing legislation if it does not include a provision that would prevent the Cherokee Nation from receiving any benefits or funding under the bill if the Freedmen are expelled from the tribe.

Thirty-five CBC members signed the letter, including its chairwoman, Rep. Carolyn Kilpatrick (D-Mich.).

Sen. Obama’s argument mirrors the Cherokees’ justification for Freedmen termination. He declares that the Freedmen issue is a matter of tribal sovereignty and should be arbitrated in the courts and not Congress. But what Sen. Obama fails to understand is that the Freedmen issue is about treaty rights, not tribal sovereignty. What Sen. Obama probably has not been told is that the Cherokee Freedmen issue tracks the Seminole Nation of Oklahoma’s attempt in 2002 to terminate its Freedmen that was squashed by the Bureau of Indian Affairs when it halted all federal funding to the tribe and suspended the Seminoles’ federal gaming authority.

The Cherokee Nation, as many of the other slaveholding Indian tribes, fought on the side of Confederacy during the Civil War. In 1866, the U.S. and the Cherokee Nation signed a treaty to reestablish relations between the Cherokee Nation and the United States. The 1866 treaty forms the new foundation for Cherokee sovereignty that continues to this day."

Get the Story:
Rep. Diane Watson: Sen. Barack Obama and the Cherokee Freedmen: Politics as usual (The Hill 5/14)

Cherokee-Related Legislation:
H.R.2786 | H.R.2895 | H.R.2824 | H.R.3002

BIA Letters:
August 9, 2007 | July 11, 2007 | June 22, 2007 | May 21, 2007 | March 28, 2007 | August 30, 2006

Sovereign Immunity Court Decision:
Vann v. Kempthorne (December 19, 2006)

Cherokee Nation Judicial Appeals Tribunal Decision in Freedmen Case:
Allen v. Cherokee Nation (March 7, 2006)

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