Black Indians United
Black Indians United Legal Defense and Education Fund
5 Tribes Embassy
1866 Treaties-Ethnic (Black) Indians and Freedmen
Tuscaloosa's Red Feather Showcase
*Here Tuscaloosa Ohoyo (Angela Finley Molette) reprises her segment of HRH Princess Adinasse's Black Soul Power Radio, a unique internet Satellite Radio Program featuring various topics of interest to international audiences of the diaspora. We hope to upload video discussions here too.
Tuscaloosa Ohoyo (Black Warrior Woman) discusses issues affecting the Ethnic (Black) Indigenous Native Americans and Freedmen Population of Indian Country. The range of topics will be varied, timely, thought provoking and always interesting.
*Note: The above picture was taken recently, after recovery from a life-threatening struggle with an unusually large blot-clot in my left leg.
Serena Williams and I have more in common than having once lived in Compton (although I was born in Oklahoma), playing Tennis there (as well as in Carson, and Lynwood) and Enid, Oklahoma.
*No stranger to adversity, the picture is a testament of my continued survival.
I am walking, talking and teaching.
Inaugural 5 Tribes Embassy Contribution
Autonomy: Equals Equality
In Memoriam of Mr. Bob Perry
El Nacimiento de los Negros, Mexico-Fort Clark and Uvalde, Texas
An Act of May 2, 1890 [26 Stat., 81]
“the Indians who become citizens of the United States under the provisions of this act do not forfeit or lose any rights or privileges they enjoy or are entitled to as members of the tribe or nation to which they belong.”
1936 Opinion of the U.S. Solicitor
January 22, 1935
"In conformity with the foregoing article, the laws of the Creek Nation (see chapter 7, Article 1, Section 2, Constitution and Laws of the Creek Nation, edition of 1890) declare that “All persons of African descent, who were made citizens by the treaty of June 1866 between the Creek Nation and the United States, shall hereafter be recognized as citizens of the Muskogee Nation. “Further recognition of the rights of the freedmen and their descendants to membership or citizenship in the Creek Nation is extended by the act of June 10, 1896 (29 Stat. 321, 341); the Curtis Act of June 28, 1898 (30 Stat. 495, 503); and the act of April 26, 1906 (34 Stat. 137, 138).
Thus, by treaty, act of Congress and the laws of the Creek Nation, the freedmen have been admitted to membership or citizenship in the Creek Nation, not as members by blood but as members by adoption with all the rights incident to such membership, including the right to share in all distributions of tribal property on an equal footing with blood members. This includes the right to share in per capita payment provided for by the act of June 19, 1934, unless the provisions of that act expressly exclude them from such participation. The act does not do so. It makes no distinction between the freedmen and the members or citizens by blood. The direction is that the payment be made to the “members of the Creek Tribe of Indians entitled thereto”, and this embraces all members of that tribe including freedmen, who have been admitted, as we have seen, to all the rights and privileges of blood members. The new roll of Creek freedmen will accordingly be made in like manner as that of the Creeks by blood, that is to say, freedmen whose names appear on the final rolls and who were in being on December 4 will first be added to the roll. The names of deceased enrollees will then be stricken and there will be added the descendants of all freedmen enrollees born since the closing of the final rolls, provided such descendants are living on December 4, 1933, and meet the residential requirement of the Creek Law of October 26, 1889, the provisions of which law extend to the freedmen as well to persons possessing Creek Indian blood…”
[Nathan R. Margold, Solictor. Approved: January 22, 1935 Oscar L. Chapman, Assistant Secretary.]
In law, these rules are general in scope, but can also be considered as legal precedence and documented evidence of a Federal extension of the 1866 Treaty Rights of Freedmen Descendants, 69 years beyond the ratification of the 1866 Treaties (and 30 years beyond 1906).
Descent is the same for Indians as it is for Freedmen. It is perpetual, unchanging and unstoppable.
-The Eagle Carries Dreams In The Wind-
Subsequent Congressional Legislation Obliterated Freedmen Autonomy
Retroactive laws are legislative acts that look backwards or contemplates the past, affecting acts or facts that existed before the act came into effect.
Retroactive laws (legislative acts) are unconstitutional when it;
(1) is of the nature of an ex post facto law or bill of attainder,
(2) impairs the obligation of contracts
(3) divests vested rights, or
(4) is constitutionally forbidden.
A bill of attainer is a special legislative act prescribing punishment, without trial, for a specific person or group
*stripping Freedmen (persons having African Ancestry) of protections for because they have African Ancestry.
Subsequent Congressional legislation can enhance treaties, clarify them, interpret original intent, expand the terms of treaties, but it must take care not to expunge or purge multi-party members of an original treaty imbued with specified rights (which only original makers can change).
In conformance with the 1871 Indian Appropriations Act, it was the legal duty of the U.S. Government to guard against subsequent Congressional legislation tending to render beneficial portions of existing treaties void for peoples of a specific race or origin, like the Ethnic citizens and nationals of the 5 Civilized Tribes, simply because Americans are intolerant and historically prejudiced against their kind, without also entitling such injured people to invoke their Civil Right and Human Right to; Presidential and Congressional voiding of oppressive, unequal laws based on race of the affected, to include Due Process and Declarative Relief for damages caused by unequal, discriminatory and devastating enactments equivalent to national hate-crimes perpetrated against such people.
Ethnic (Black) Indigenous Native Americans and Freedmen have been so deprived of Due Process, Declarative Relief and Consideration of our Claims that its effects continue to plague our ever shrinking core of Elders unto Death and cursing younger generations to languish in depression for being unable to fix the problem and limbo of Statelessness within the #1 Democratic Model and 1st World Nation.
It is a bit alarming to consider that our Grandparents did not have U.S. Birth Certificates and did not want them, because their descendant was from Indian Country and Cherokee, Chickasaw, Choctaw, Creek and Seminole Nations.
The admission that unless we reorganize for our own benefit, in historic autonomous Bands that we either remain Stateless or forced to don faux U.S. Citizenship by having children born in U.S. hospitals, like another group of citizens to whom Americans also show particular distain. It is all so very disturbing.
We must then rely upon our original citizenship and autonomy, in light of the wholesale rejection of Autonomous Freedmen situated in Oklahoma by the 1830s Trail of Tears. We were guaranteed 1866 Treaty Rights, but are without modern provisions granted to every other body of Tribal people except our class. The trade-off is more court actions, but to a people without money, its an insurmountable burden. We could also force ourselves into the "modern manifestation of historic tribes" having virulent racist mindsets, but what thinking individual wants to willingly subjugate themselves and their people to yet another intolerant group.
There is little remaining doubt that the modern parent nations of the 5 Civilized Tribes are pursuing actions that has (or will) result in 3 likely scenarios, in regards to Indian Freedmen;
1 Scenario: Legal Exile (Federally complicit), effected by Denial of Citizenship to persons descended from Freedmen, followed by Deprivation of Nationality.
That is, denial of citizenship and nationality based upon race; African admixture, ethnic origin and previous condition of servitude, which was accomplished by substituting modern Blood Quantum Requirements (and documentation, i.e., a pass or voucher from Mr. Charley and Miss Ann) as a proxy for Black Codes and the 1-drop rule.
This is something that no other race on planet earth has to do. It is enough that our ancestors suffered the Trail of Tears, Slavery and refuge through the Republic of Texas and into Mexico in avoidance of Slavery, as well to retain their original National Character.
Our ancestors suffered through the Dawes Commission and were ultimately confirmed by Each Chief, Town King or Micco's Tribal Citizenship Rolls and the Federal Dawes Commissioners as rightful Citizens of the Tribes in a federally ratified Census, published for the world to see. We can only conclude that secondary requirements are themselves tools of exclusion.
2nd Scenario: Parent Tribes, grudgingly accept enhanced federal monetary disbursements (that they alone manage) for the continued subjugation of African ancestored descendants of historic Freedmen of the 5 Civilized Tribes, who then don a tenuous 2 Class citizenship as Indian welfare recipients with pauper status and denial of their true nationality, locked forever in a condition of deprivation as despised landless wanton beggars, renters and orphans.
3rd Scenario: Fomenting a long overdue uprising of the Autonomous Sovereign Ethnic (Black) Indigenous Native Americans and Indian Freedmen, Lineal Descendants, Beneficiaries, Heirs, Assigns, Successors in interest and legal Protectorate of Loyal Freedmen and Refugees whose ancestors wrote and participated as signatories and witnesses in every original treaty recorded with the United States Government, including the 1866 Treaties, in addition to those with other Foreign Nations. Our people were identified in the documents, uniquely among the tribes, as Persons of African Ancestry and Blood, lineal descendants, Creoles, equal citizens, nationals, and adoptees.
The same said “Indigenous Peoples” coming with a full demand for the staggering debt owed to their people as a Class, along with a full accounting of Historic Trust Funds acruing annual interest (mentioned in every 1866 Treaty), including royalties on Trust Lands, Outlet Lands, Leases and Appropriations errantly paid to the parent tribes (without disbursements to African Ancestored Citizens) in payment for original expropriated lands belonging to the Freedmen People, including Crown Colonies, Forts established for the military protection of our people and Townships.
Of course, the same said people also stand on their right (according to subsequent Congressional Enactments) to protection of historic human remains of individuals with whom they share cultural identity (such as, nations of the 5 civilized tribes), including items of cultural patrimony. They demand freedom of religion and protection of the burial places of Native America-African ancestors.
Although each fight is important and integral to the overall wellness of the Freedmen People, the struggle to gain the attention of the U.S. President and Congress to resolve all issues arising from the Domestic Treaties (as mandated by the Treaties) far outweighs the diversions intended to force Freedmen to needlessly wait for either the Courts or modern parent Tribes (grown-up on a daily diet of garbage education about people of African Ancestry) to “decide” whether or not they will allow Freedmen (having African Ancestry) back into the tribes in order to access their Treaty-mandated Rights, after illegally exiling them and going through the motions to legitimize their illegal acts.
Regarding that: Tribal Citizenship and Rights mandated by the Treaties are issues already resolved by the 1866 Treaties. Their tenets must only be adhered to.
We have already demonstrated that Congressional Acts in 1906 were clearly inclusive of Freedmen. The reality is that courts are authorized to uphold law. They are not obliged to indulge in revisionist legerdemain. Nor, are they burdened with having to make laws that Congress and U.S. Citizens must abide by. They simply make decisions based upon evidence before them, including historic precedence and it is our job to provide them with a preponderance of evidence to substantiate our claim.
The last thing is that Judges must be gutsy enough to stand on the truth. We know that it’s tough. We all saw Judge Royce Lamberth wrung through the ringer and processed out, as his stellar career and long term credibility was disrespected, discredited, tattered, torn and stripped to ribbons for having the guts to stand firm, demanding an accounting of Indian Trust Funds and Trust Lands extending back to the 1880s and speaking truth to U.S. Power in the Cobell Claim, when the Department of the Interior admitted to him that they shredded accounting records even after the Cobell case began. We can help but to think that they shredded Freedmen Trust Account Records. Imagine how Freedmen have been treated…like we don’t exist.
Question: Why did the parent tribes and collusive Government Agents (and handlers) aiding with revisions of the Tribal Constitutions upon petition for U.S. Charters of Recognition under the 1934 (and 1936 expansion) of the Indian Reorganization Act and Oklahoma Indian Welfare Act, strip Ethnic (Black) Indigenous Native Americans and Freedmen of their Constitutional Rights after the U.S. Civil Rights Movement?
Answer: Because the Tribes and the U.S. Government owe Indian Freedmen Billions of dollars. It is possible that someone knew that Trust Funds set-aside for Cherokee Freedmen, Delawares and Shawnees contained Millions in Outlet Lands assets, the Leased District Funds, as well as funds set-aside for Loyal Ethnic Union Soldiers (also mandated by the Treaties), which sat untouched, needing to be claimed and none wanted Tribal persons of African Ancestry to claim the windfall bounty...as the reorganized and ultimately Federally Recognized Tribes did.
The Choctaw, Chickasaw and Creek Nations reorganized without their Freedmen (Creeks, 1971; Choctaw and Chickasaws, 1983).
The Seminole and Cherokee Nations did not reorganize, but sought instead to exile their Freedmen on the heels of large Federal Appropriations intended to benefit the entire tribe.
In 1983, President Ronald Reagan's U.S. Department of the Interior sent a Black Indian Reseacher (Nefretari Ahmose, of Jamaican descent), a document disparaging of the Freedmen, which carelessly explained why Indian Freedmen were not receiving equal benefits, as other Indian Tribes.
The Reagan-era document admitted that Freedmen were imbued with rights by the 1866 Treaties, but further stated, that while "Freedmen may have been eligible in the past" they were "not Indians" and had African ancestry and were therefore "no-longer eligible to access programs put on the United States for Indians."
It is incredible! The post-Civil Rights Reagan -era Department of the Interior decided that Freedmen were not Indians and had African Blood, which made them ineligible for guaranteed Treaty Rights gained 117 years prior.
The Department acted without benefit of law, without either Presidential or Congressional Enactments or Decree, ignoring Civil, Constitutional and Human Rights of Freedmen. Their action set the standard for modern disregard for Freedmen Rights and Deprivation of Nationality, loss of Juridical Identity and Citizenship in the of new Reservation Economy initiatives, respect for Indian Self-Determination, Self-rule and tax-free residency for corporate partnerships operating in Indian Country, using the bounty of expropriated Freedmen Lands, Leases and mineral wealth.
Freedmen were kept at bay by disenfranchisement. It was collusionary and tightly controlled; the tribes first petitioned for Federal Recognition, Government Agents helped to Whitewash old Tribal Constitutions to obliterate Freedmen eligibility to modern citizenship and then granted Federal Recognition when the new constitutions were "right". Therefore, the Tribes could in good conscience deny basic citizenship to Freedmen based upon their ancestors not being found on Dawes "By-Blood" Rolls (as oppossed to Dawes "Freedmen" Rolls, same document, segregated categories insisted upon by Dawes Commissioners instructed to make the rolls "descriptive" because the Indians and Freedmen had the same names). Laws were then implemented to requiring Blood Quantum and Federal Recognition in order to access programs put on by the United States for Indians
Rules of access raised Blood Quantum requirements in order to exclude Tribal citizens suspected of having Freedmen (read:;"African") ancestors.
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