Congressional Action Threatens To Silence Natural Resources Claims of Black Indians Forever
First of All: Massive Respect to our sister in the struggle, Ezili Danto-Margaurite Laurent and our Haitian Brothers and Sisters. Condolences to all victims and survivors of the disastrous Earthquake that has befallen upon the proud Black Island Nation. Legendary Haiti, which has benefited America with legions of talented, spirited and gifted individuals, must know that we morn with you on the recent human losses and infrastructure damage reported by the Media provided by Ezili Danto of the Haitian Lawyers Leadership Network and others. The present communique does not intend to disrespect the memory of the beloved people lost and/or suffering in the Island Nation. The struggle continues!
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Listen Up People: If Congress passes the $3.4 Billion Dollar Individual Indian Money Settlement Act (or “Cobell” case) based upon Trust Land and Accounts that the U.S. Government says that it can only reconcile back to 1887, because the Government (admittedly) MISMANAGED, MISHANDLED, and FAILED IN ITS FIDUCIARY DUTIES, including SHREDDING TRUST ACCOUNT DOCUMENTS DURING THE “COBELL” CASE, it will set a precedence that threatens to extinguish our efforts to reclaim Trust Accounts and Indian Land Guaranteed by Treaty To Black Indians and their descendants, in 1866 ( for Cherokee Freedmen, Chickasaw Freedmen, Choctaw Freedmen, Creek Freedmen and Seminole Freedmen).
The Black Indian Class Action Claim involving similar issues is now docketed in the U.S. Supreme Court and somehow, magically the U.S. Government has decided that now is the time to resolve the “Cobell” case, before Black Indians and their African American kin have their day to reclaim their rightful share. The U.S. Government must settle the claim with language that preserves our interests. The Class Action Claim to which I am referring in the United States Supreme Court is, Harvest Institute Freedmen Federation, Black Indians United Legal Defense Fund and William Warrior v. the United States. This case is certain to have as widespread an impact as Brown v. The Board of Education.
Someone needs to awaken the sleeping giants and their children;
Al Sharpton-This issue is about poor and oppressed Black people standing up for their rights against all odds!
Jesse Jackson-This is an issue that might have gotten your attention earlier, had your bid for President been successful in the past. Are you going to let this President ignore the continuing plight of these Politically under-represented people? Operation Bootstrap was about our people helping our people. Don't you still have that passion burning in your soul?
Minister Farrakhan-This should be a massive movement of the people to reclaim their Natural Resources accorded to them as descendants of the Aboriginal People and Ancient Africans in what is now North America. Your people are among this Class.
John Conyers-This issue rests upon the very rule of Law that you swore to uphold and it involves Reparations, Recompensation and Control of Natural Resources by Blacks.
"Conyers" was another Native American/African Plantation in the "Carolina" Low-Country vicinity of Goose Creek (Auchaw) where Ethnic Tribute Tribes were controlled by the original Cherokee Nation Central Government.
Spike Lee-It is rumored that you desire to Represent Chief John Horse or to produce a movie about his reign. Well you should know that his people are deeply involved in this very struggle for the Trust Land and Resources they were guaranteed by the Treaties he helped to facilitate! Get on board my brother, don't play with our people or our issues.
Maxine Waters-You are a fierce fighter that put your very human existence on the line to secure the safety of the abducted Haitian President, your kind of Warrior Spirit is needed right now to help give voice to this issue.
Tavis Smiley-You have made it your job to talk about the State of Black America. It is time to tell them the truth about Black Indians being robbed of their Natural Resources! Black People Control absolutely (0%) of Natural Resources in America and if it were not for the Political Clout wielded by the Congressional Black Caucus we would viewed as little more than chaff and not wheat. It is high time that the Blacks without resources reclaim them or perish under the weight of non-loyal Black Caucus Members like John Lewis (selling out portions of our collective Black Power) when he flew to Oklahoma to pick up a "Donation Check" from the very Indians who have run a highly public campaign to exile the Black Cherokees from the modern Cherokee Nation of Oklahoma. This horrid case of betrayal to Black Indians sticks in our craw, here in Indian Country.
Black Indians can't compete with Red Indians capable of handing out hefty donation checks to pay politicians to look the other way while they stomp on the Constitutional Rights, Human Rights and Treaty Rights of Ethnic Black Indians, but we can check up on the activities of Politicians helping others to violate the wholesale Rights of our people. Isn't that what went on in the Abramoff Scandal?
Tom Joyner-Your ability to get the word out on issues of extreme importance is legendary, spend some time with Black Indians and get the word out about our Indigenous Story.
Bill Cosby-You have been uniquely blessed to have traveled the world and viewed the masses of Black Humanity that the Creator set in every corner of the World. Surely you can set your sights on the Black Indigeous People of the Americas whose very ancient bones are beginning to give up the secrets of their inhabitance in ancient America before the Bering Strait Strand.
Oprah your Media outlet must be used to enhance the world's knowledge about the Black People preserved in the ancient Hopi Prophecies. Whether you know it or not, it is part of your mission.
Ben Jealous and the NAACP-You and this Agency have quietly supported the Indian Freedmen effort. It is time to step into the limelight in order to tell the rest of the Media about what's going on with the Black Indian People of Oklahoma, as it relates to the wider Reparations struggle of African Americans in North America.
Human Rights Watch-This is a movement which also seeks to preserve our Human Right to claim our Nationality. Black Indians are not reflected in the U.S. Census but Negroes and Immigrant Indians are. Would you continue to allow an entire Ethnic Class of People to be rendered to obscurity simply because our ancestry makes people uncomfortable?
Black Athletes, Entertainers and Entrepreneurs wishing to perform public services and/or charities beneficial to poor and oppressed Black Indian groups-Perhaps you can lend your celebrity or even donate funds to help defray the costs Black Indians are forced to incur for retaining the services of Legal Representation, Court Filing Costs and other services necessary in the legal struggle to benefit our people. Presently our own meager funds have been expended and/or depleted, fighting a legal battle to benefit hundreds of thousands in our Class.
Original Black Panthers, New Panthers and other Black Advocacy Organizations-You are heroes that pioneered some of the very self-help programs that were later embraced Nationally as beneficial to poor people in North America, including the Head Start Program. That being so, then you know what our people can do with their share of Billions of dollars that rightfully belongs to Black People and we can prove it. We don't have to remain bogged down in games intended to delay our forward momentum. They could fool our people in the past about 40 acres being only a field order issued by a Military Man. Here, however, we have actual documents written describing the fact that the 5 Civilized Tribes ceded thousands of acres for the settlement of "Freedmen" and further that Trust Funds were set aside for our benefit and use. These documents were signed by United States Representatives and Indian Freedmen (Black Indian) Land Patents were signed by a U.S. President. Don't we need our money? Tell the current Presidential Administration that it is time that America operates with integrity and respect for the Documented Treaty Rights of our people. We have mutual needs. We exist. We have guaranteed rights and we won't be silent about it; and
African Americans with Indian Heritage!-There are thousands of us who have ironclad documentation of our lineal descent from the original Native American and Ethnic Black Indian Citizens of the 5 Civilized Tribes, but there are many more descendants (perhaps millions) who have not bothered to document their descent from Tribal People, simply because they are resigned to accept the fact that the United States Government does not want to "recognize" our existence. Are you satisfied with "extinct" status when the descendants of other Indians are as alive as you and I, and taking benefits that were guaranteed to us concurrently by the very same treaties? Who cares whether or not they "want" to recognize us.
It is their ,mandated duty to provide non-biased services, regardless of race, ethnicity, and national origin, etc. Your voice needs to become intertwined with mine about this.
We have come to Tell you that something Very, Very Wrong Is Going Down On The Watch Of The Black President! Wake Up! Wake Up! Wake Up!
While you sing Kumbaya during Dr. King's Celebration, think about the Black Indians who are being stripped of their efforts at reclaiming monies generated from Mineral Wealth extracted from Trust Lands and placed into Trust Accounts guaranteed to Black Indians (Freedmen) by the Treaties of 1866. We could have used your influence and help.
To the Members of the Congressional Black Caucus:
If the issue is handed to the Energy and Natural Resources Committee in Congress (without added language protecting Black Indian interests), they are going to protect the interests of the virulent lobbies that control them-the same people lining their pockets with Black Indian Wealth from the outset; Oil and Gas, Mining, Forestry, Industrial Unions and more. As it is, perilously, Black People have no Natural Resources in America, and as such have no Representatives on the Natural Resources Committee to protect the Interests of Black Indians or Black People
Black Indigenous People in America have been robbed of our Natural Resources, Mineral Rich Tribal Lands, Trust Accounts…even our Nationality. Now that we are pressing the Government to finally do right by us, they are seeking to close any loopholes to our ultimate success. By sheer consideration of the present timing of U.S. Government Action, makes it highly suspicious. It is shrewd, malevolent, calculating and just plain evil that Black People, even those having Indigenous Native American Ancestry must fight from birth to death for our legal rights that have been wrongly rendered to “Caesar.”
Those Trust Accounts and Trust Lands belonging to Black Indians held annuity payments for Natural Resources harvested for the benefit of Tribes whose citizen class included persons having “African Ancestry and Blood.” The resources are still sorely needed.
The Treaties of 1866 were necessary to end Civil War in the Indian Territory, plus they were made between the Union Loyalist Factions of the 5 Civilized Tribes (who also had Confederate Splinter Groups responsible for the Civil War in Indian Territory).
The Union Loyalist Indians of the 5 Civilized Tribes endeavored to enfranchise all formerly enslaved Black Tribal Citizens (because they were not U.S. Citizens). They drafted language which left no doubt that Black Indians were Tribal Citizens entitled to Lands, Trust Funds, eligibility to rights, benefits and protections intended for Indians. This made Black Indians legal beneficiaries of the original Tribal Nation Citizens, as well as Successors in Interest, Heirs and Assigns having a legal stake in all Business occurring in Indian Country and Indian Territory, on U.S. Soil.
Attached are actions you should take to help clear up this travesty. No matter how much they induce Black People to forget the past, they always manage to pay themselves based upon their stake in past claims, but somehow Blacks must forgive without compensation. Later for that! Hikia Tuscaloosa! Stand Up Black Warriors!
(See Attached Letter To Your Representative-Please Forward)
Sincerely,
Angela Molette (Tuscaloosa Ohoyo) Black Warrior Woman
Representative and Spokesperson for Black Indians United Legal Defense and Education Fund
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Dear Representative
We are asking you to ensure protection of the Fractionated Legal Trust Fund and Trust Land Interests of the beneficiaries, heirs and assigns of Ethnic Black Indian Citizens of the 5 Civilized Tribes who are presently claimants in a case docketed in the United States Supreme Court (Harvest Institute Freedmen Federation, Black Indians United Legal Defense Fund and William Warrior). Known collectively as Indian Freedmen (Black Indians), or under Tribe specific designations of Cherokee Freedmen, Chickasaw Freedmen, Choctaw Freedmen, Creek Freedmen and Seminole Freedmen. They are the Descendants of Native American and African Slaves held by the Cherokee, Chickasaw, Choctaw, Creek and Seminole Nations. Many are still attached to Autonomous Indian Freedmen Governments under numerous Band appellations such as, United Warrior Band of Seminoles (formerly self-emancipating Seminole Negro Scouts), United Loyal Muscogee Creek Band, United Ishtehotopih Band of Chickasaw, United Tuscaloosa Band of Choctaw and others.
You can help by entering a Special Bill, Amendment or Append to Existing Legislation or Demanding an Injunction. The Interior Department has decided in the $3.4 Billion Settlement of the Cobell Class Action [renamed, The Individual Indian Money Account Litigation Settlement Act of 2009] that it will only reconcile Trust Accounts from the year 1887 and buy back the Fractionated Interest of Individual Indian Money Account Holders having modern accounts recorded in the “Electronic Era“. This is code for ‘accounts managed after Freedmen were exiled from the Indian Nations,’ which threatens to exclude the rightful Trust and Land claims of Indian Freedmen due to Federal mismanagement and failed Federal Duties, against the same perpetrator.We find it problematic that ceded Lands and Trust Fund Accounts accorded Indian Freedmen by the 1866 Treaties are being willfully overlooked as if they were not written in the indefeasible language of Treaties, which are the Supreme Law of the Land.
Key in accessing Cobell settlement claims is existing inserted language that requires claimants to supply “Tribal Numbers” and “Trust Account Numbers,” which Indian Freedmen have been denied due to years of failed petitions to enroll in “the modern manifestation of Tribes.” They claim to represent the original parent Tribal Nations. Indian Freedmen have been excluded from participation in modern Tribes due to violations of the 1866 Treaties, discriminatory use of the Dawes Final Indian Citizenship and Freedmen Rolls, 1898-1907, insistence upon a Blood Quantum Designation (which Freedmen were denied) even though Blood Quantum designation was not required by the Treaties for Freedmen Citizenship in Tribes. Also problematic are Discriminatory Federal Laws and Codified Rules of Access to Federal Programs excluding Freedmen based on race (a practice that the U.S. Federal Government has pledged not to indulge in).
Oklahoma Indian Territory contained an area of 19,785,781 acres, and was occupied by the Five Civilized Tribes. Indian Freedmen of the 5 Civilized Tribes (Black Indians) and their descendants were ceded thousands of acres of extremely valuable lands replete in Natural Resources (Oil, Natural Gas, Coal and derivatives) within the Geographical Domain of each Tribe. These ceded lands are part of the historical record created by the 1866 Treaties between the U.S. and Union Loyalist Factions of the Tribes.Background:In the Cobell case, the U.S. Government has chosen 1887 as the earliest date it can reconcile Trust Account and Trust Land Accounts. This is curious given the Bold language of the 1866 Treaties, which demonstrates very clearly that the Tribes ceded Trust Lands to the U.S. Government for the settlement of Indian Freedmen (“Citizens of African Ancestry and Blood”) and established Trust Accounts at the same time to benefit Ethnic Black Indians a full 21 years before the date the Government has chosen to acknowledge.
Interestingly, in 1887, Congress passed the General Allotment Act which became known as the Dawes Act which divided the ceded lands into individual parcels. It did not apply to the Five Civilized tribes in Indian Territory. However, the Congressional Act of March 3, 1893, which became the Dawes Commission Act, also empowered the Dawes Commission to treat the Five Civilized Tribes separately and to procure from these tribes agreements for allotment of severalty lands in preparation for dissolving the Indian Tribal Government to prepare Oklahoma for Statehood, thrusting Freedmen Trust Lands and Trust Accounts into the thick of Government Accounting.
In reality what all of that means is that the U.S. Government was authorized in 1893 to take the common land of tribes (including lands ceded to Freedmen) and divide it into separate parcels and issue original Indian land patents to Indians and Freedmen.Of course in true U.S. Government style, the Dawes Commission did not get around to documenting all the eligible Indian Freedmen for original land patents until 1898. They finished counting them in 1907 (at Oklahoma Statehood). Most Freedmen got their original Tribal Land Patents between 1906 and 1908.
Oklahoma Statehood occurred in 1907 and segregationist policy went into immediate effect. Faced with the rise of the mixed blood Native American-White descendants of the Confederacy who overran the Full Blood Indians, the historical backers of Indian Freedmen, agitated Caucasian-Indian racists induced Congress in 1910 Congress to issue a ruling to remove the Federal protections on Indian Freedmen Lands and order that Indian Freedmen to begin paying Taxes on the non-taxable Indian Lands that they only held by patent for 4 years. Their lands were guaranteed protection by the Dawes Act to be protected for a minimum of 21 years, after which they were then eligible for an extension.
By that time the hordes of grafters, con artists, thugs and thieves moved in to begin driving Freedmen off their allotted lands. Others took advantage of the poor Freedmen who had no way to access U.S. dollars in the Indian outback to pay Taxes on their lands to the U.S. Government. Indian Freedmen were wholly dispossessed of lands they only held title to for a maximum of four years in the best case scenarios and only 1 year in the worst case scenarios. Some Indian Freedmen lands were recorded as sold with no signature of the owner. Regardless, Indian Freedmen were granted lands in 1866. Their Trust lands were divided into severalty from 1898 through 1906, which makes Freedmen and their Descendants beneficiaries having Fractionated Interests in Trust Lands and Funds.
Language to include in a Special Bill, Amendment or Append to Existing Legislation or Demanding an Injunction;
Protection of Fractionated Indian Freedmen InterestAs Partite Interests in each of the 1866 Treaties, Indian Freedmen were mandated measurable Fractionated Interests in the communal Lands of the 5 Civilized Tribes. However, most tangible benefits intended for Indian Freedmen were lost due to the impact of fiduciary failures to protect said interests. At this crucial point in history there is a way for Congress to harness its plenary powers to make amends and ameliorate the present condition of the unique Ethnic Protectorate of the Tribes, through the Legislative Approval of the $3.4 billion Cobell settlement.
On December 8, 2009 the U.S. Federal Government agreed upon a $3.4 Billion settlement in the Cobell v. Salazar claim involving mismanaged Indian Trust Funds and Tribal Lands managed by Federal Stewards, since 1887. You are directed to view each of the 1866 Treaty Articles, which validates the necessity of Political Representation for the intended interests of Indian Freedmen Settlements and Land Distributions included in Districts, Communities, Areas and Individual Allotments set-aside for the location and use of Indian Freedmen Citizens of the 5 Civilized Tribes and Mississippi Choctaw, in the Curtis Act, Section 2; the Atoka Agreement -- which was approved by Congress and incorporated in section 29 of the Act of June 28, 1898, 30 Stat. 505, c. 517 and a supplemental agreement, found in the Act of July 1, 1902, 32 Stat. 641, c. 1362.[Note: March 21, 1866 Seminole Treaty, Article(s) 3, 7.1-7.3; April 28, 1866 Choctaw and Chickasaw Treaty, Article(s) 3,7, 8.1-8.13; June 14, 1866 Creek Treaty, Article(s) 3, 10; July 19, 1866 Cherokee Treaty, Article(s) 4 and 12].
Generations of Indian Freedmen ClaimsA litany of Trust Fund and Land mismanagement claims filed by generations of Indian Freedmen bolsters claims of fractionated interests ranging from a low 40-160 acre parcels to as much as 1.5 million acres of Tribal Lands set aside for Freedmen as Homesteads, Settlements, Individual Allotments, Missions, Schools, Church, Cemeteries and Orphan Homes, specifically mandated to benefit Indian Freedmen of the 5 Civilized Tribes by the 1866 Treaties, and ensuing Congressional Acts, Resolutions and Court Actions.
Legislation For Indian Freedmen Inclusion Prior To February 28, 2010In light of the necessity of Congressional Approval and Judicial Consent to resolve the settlement agreement, it is imperative that Indian Freedmen attain immediate Congressional Legislation introduced as a Private Bill, Special Bill, Attachment to the House Bill, Rider (additional clause) and/or providing language inclusive of the Fractionated Interests of Indian Freedmen, which must be inserted as an initiative to preserve the rights of Indian Freedmen, provide legal relief, or to foster reconciliation with redress. By statute, it was provided that there should be a committee or commission of three members of Indian Affairs appointed to treat with the Five Civilized Tribes, which was directed to be inclusive of the political interests of all members, including Indian Freedmen. Each of the 1866 Treaties contends that Political Representation should be commensurate with the number of Indian Freedmen in increments of each 1,000. Organizations essential to Indian Freedmen having Class Action Claims entered in Federal Courts prior to 12/9/09 must act ASAP (between now and February 28, 2010) as Objectifiers to the settlement agreement in Cobell without Indian Freedmen Claims, in order to have our fractionated interests as a Class considered by Congress and the Courts.
Contact: Angela Molette, Representative and SpokespersonBlack Indians United Legal Defense and Education Fund2023 E. Randolph Avenue, Enid, Oklahoma 73701Tele: 580.234.3583Email: achoctaw1866@aol.com
Dr. Claud AndersonHarvest Institute Freedmen Federation623 Florida Avenue, NWWashington, DC 20001Email: info@harvestinstitute.org
Percy Squire, Esq.Percy Squire Co., LLC 514 S. High StreetColumbus, OH 43215614-224-6528 Telephone614-225-6529 Facsimilepsquire@sp-lawfirm.comCounsel for Petitioners
