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I have been thinkin lately — I am not qualified for federal recognition and I know it. BIA allows Tribes to set their standards, but encourages them to set those standards “high” so people whose ancestors left the tribe can not return, and so people with low blood quantum can not “belong”. Cherokees allow low blood quantum, but your ancestors can not have left the tribe. Other tribes do not allow low blood quantum, period, as well as sayin’ if your ancestors left, you are not allowed membership. [my opinion follows — So criticism of CNO really isn’t fair. Criticism belongs to BIA.] Some tribes (like Saponi) were disenfranchized by the U.S. government long ago.
I understand this is why states like Virginia and Alabama have led the way in “State Recognized” groups. Is this correct? I’d like to know about the possibility of “State Recognized Tribes” being recognized in states other than Va or Al.
I’d like to start a campaign right here in Oklahoma to see about the possibility of the State recognizing people who do not qualify for federal recognition. Does anyone know if this has been tried here in Oklahoma and if so, what became of it? How would federally recognized tribes respond to such a thing? I’d like to put out “feelers” and see. State legislators would be concerned about what local federally recognized tribes thought about it as they are local voters. American Indian people are a minority group here in Oklahoma that politions will pander to sometimes. An Oklahoma American Indian Welfare Act is what Oklahoma Tribes are under in order to be federally recognized, and that is different from other states. All Oklahoma Indian tribes were disenfranchized when Oklahoma became a state in 1907, so to be reconstituted they passed this law. I really do not understand these laws very well. Does anybody here understand them? Can anyone explain it?
A lot of Virginians are here I’d imagine, and since Virginia has several State Recognized Tribes, I thought I’d ask yall about this topic.
I’d like to petition state legislators as well as the 30 or so federally recognized tribes in Oklahoma about what they thought about State recognition for those of us who either are of low blood quantum or for reasons of not signin up on the “right” rolls — are not eligible for federal BIA recognition. Any advise? wa-do.
vance hawkins
Vance,
What does blood quantum have to do with anything? As it only stands as a racist barrier that divides many people. It is time to stop using such terms, if we want change & expect to go forward, together as one.
The state of Virginia only has 8 recognized tribes, I don’t consider that to be impressive at all. Considering the number of tribes that did & still do call Virginia their home. Virginia is very strict on recognition, but we can only blame that on the Virginia Council of Indians, as they are the ones that control who gets to be recognized, & who is rejected.
Vance you need to research who in Ok. has the last word on recognition, & check to see if the tribes that are recognized have any input into the process. My advice would be to set up a meeting with a state legislator & don’t inform the federally recognized tribes in your state, unless you need to. Why tip them off?
Sincerely,
CoheeLady
The problem with State acknowledgement is that it is grounded in “good ol’ boy” protections. It is correct to assume that Virginia is engaged in protection of tribes which have been declared extinct and of which are resurected through the blood of [one] ancestor. However, this same status of acknowledgement is prevented from legitimate Indian descendants of tribes never legally terminated, nor declared extinct by statute. Racial stratification is the apparent issue, not that of provable blood and culture ties.
Virginia is only one state with protectionism at the core of acknowledgement. The same situation arises in the state of North Carolina by which there is a Law of acknowledgement of a specific group of Indians, separate from the others acknowledged by the Commission. It is under Chapter 71a.1. Specifically that the Indians known as Croatans [and] Indians of Robeson and surrounding counties shall hereinafter be known as Cherokee Indians of Robeson County, and by [that name] be eligible for services and benefits. AGAIN…”BY THAT NAME.”
Just like the case of the Nottaway of Virginia, a question was posed to the NC Commission on Indian Affairs regarding program eligibility for the Cherokee Indians of Robeson County. The answer…”it is a legal question which needs the opinion of the Attorney General,” a similar statement was presented by the Virginia Council regarding the Nottaway.
WHile the Nottaway’s position was clarified by Ms Rountree’s recanting of her claim that they were “Terminated,” she further stated that the [tribe] is considered extinct by the state… not the individuals of the tribe! Interesting in that there is no statute of declaration that the Nottaway Tribe is extinct. In fact the last known official act of the State was a Court action which acknowledged the Nottaway and Nansemond Tribe as a legal entity (1850s). Therefore, one can assume that the declaration of extinction was based upon Ms Rountree’s assessment that the tribe was terminated in 1824, and promoted by the [new] Virginia Council on Indians. This would be a prejudiced view of the Council based upon erroneous information presented by the Council’s Expert on Ethno/Cultural-Anthropology.
Again, the NC Commission proclaimed its ignorance regarding the Cherokee Indians of Robeson County, and stated that only Acknowledged Indian Tribes could issue IDs which are valid for state services, and that the COmmission DID NOT ISSUE SUCH. Therefore, those who [are] legally acknowledged Indians, eligible for state services and benefits for Indians, are precluded from such in sole due to a lack of status as an acknowledged Tribe. While reading the Law, they were to receive services and benefits by the name “Cherokee Indians of Robeson County” and by that name ONLY! Does this sound a bit like discrimination based upon the status of an Individual? How can one be legally eligible for services and benefits but prevented from such simply because one is not enrolled into a state acknowledged tribe. Through the enrollment, one looses their status as acknowledged Indians under the law and are forced to join a tribe (specific references were to petition the Lumbee Tribe). Also note that there is a separate provision for the acknowledgement of the Lumbee Tribe separately from the Cherokee Indians of Robeson County (CIRC= Chapt 71a.1 and Lumbee Tribe = Chap 71a.3) during the same time period! What could make it more clear than the law itself!!!
Now to answer your position on additional avenues of acknowledgement, specifically within the state of Oklahoma. There was an Indian Reogrganization Act in Oklahoma, separate from the Federal Indian Reorganization Act. I suggest that you check to see if there was an expiration date for the Act. If such Act was never recinded, nor expired, there is a chance for you to reorganize a community of Indians under the provisions of the Act. Since it would be an activity of reorganization, it would create a [new] tribe, and therefore there would be dificulties in gaining Federal Acknowledgement (but not insurmountable). I suggest that you act swiftly as a failure to do so, and if you are not reorganized and petition for federal acknowledgement BEFORE DECEMBER 2002, your efforts would be in vain as the USBIA will not accept applications for any community of Indians who reorganized after December of 2002.
To speed up the process and create a legal status from within the tribal structure, you need to have every adult member sign an Affidavit of Reaffirmation of Tribal Status. If interested in a draft of such, contact me off line. The reaffirmation affidavit creates a special power of attorney for the [tribal government] to represent the membership in all matters of governance. Since it is a Special Power of Attorney, the Government as well as the Court Systems are obligated to acknowledge the Special Powers Granted. To do otherwise would demonstrate Discrimination based upon race and national identification, under the color of law.
I will be posting a WEB SITE with strategies for tribal reconstruction, restoration and acknowledgement in October of 2002. Just enough time to beat the USBIA deadline.
Another type of acknowledgement that many are unaware of is that of “Banding” with another acknowledged Tribe, or gaining a Charter from an acknowledged Tribe. As a Chartered Activity of a Recognized Tribe (Federal Tribe), the Chartered Activity becomes eligible for some USBIA programs. WHile this is not specific acknowledgement of the Tribe, it [is] acknowledgement of eligibility for certain services and benefits of the USBIA, and therefore can strengthen the position of the tribal community. Tribal acknowledgement by a Federal recognized tribe of a Tribal community is a higher form of acknowledgement than that of what a State provides. Since the activity is a subordinate activity of the sponsoring tribe, its membership would be eligible as members of an acknowledged tribe with respect to state benefits, and the chartered activity would be eligible for [some] USBIA programs. State acknowledged tribes are not eligible for USBIA services and benefits based upon their state acknowledged status.
Under the laws of Virginia, for example, a Federal Acknowledged Tribe is legally defined as a “State.” The same applies to an acknowledged tribe of another state, it too is legally defined as a State. Under Article IV, Sec. 1. of the US Constitution all states of the United States are to grant full faith and credit to the public acts of another “State.” Therefore, one can challenge the state in which the tribal community is located to gain an immediate status of acknowledgement of the Tribe should it choose the alternate acknowledgement activity of petitioning another acknowledged tribe for inclusion either as a band thereof, or a Chartered Subordinate Activity of the Tribe.
I hope this stirs up a lot of interest, both positive and negative, for without controversy knowledge is [not] imparted.
Welcome, Cheronhaka, glad you found your way here and have contributed such an informative post.
When you invited people to contact you concerning the Reaffirmation of Tribal Status, I assume you meant people with Nottoway bloodlines. Is that correct?
It seems that most people going for recognition have limited their rolls to people within a small geogaphical community. Do you think this is a necessary strategy? I’ve heard conflicting viewpoints on this.
Hello Cheronhaka,
I assume you are of the Cheroenhaka/Nottaway tribe. I was on the Va. Council on Indians website last night, & came across the minutes of the meeting that included the Chief of the Cheroenhaka Indians. I also read part one of the news article from the Virginian-Pilot News, regarding the Cheroenhaka/Nottaway Indians of Southampton Co, Va.. I read that one of the tribes surnames is TURNER, well this is one of my families surnames of Virginia.
Helen Rountree may be respected by many, or should I, has fooled many!
She doesn’t fool me, nor does she impress me in the least bit. I will not bow down to her, as other’s do. The Council is like a click that has been hand picked by the Governor. There are two new council members that were appointed by our new Governor, they had never once been to a council meeting, until they were on the council! As I received a call from a council member, as they wanted me to do something about this. I was going to ask to be a member but I can get more done on the outside. If you need any help on getting recognition please send me an email & I’ll help you in any way I can. Don’t give up, as there are a few very nice people on the Va. Council, you just have to put up with the others. Don’t give up your fight, if you need me just ask. Take care & God Bless.Sincerely,
CoheeLady
[This message has been edited by CoheeLady (edited 09-11-2002).]
[This message has been edited by CoheeLady (edited 09-16-2002).]
I mentioned “blood quantum” simply because with the encouragement of the BIA, all federally recognized tribes are required to state their tribal membership requirements, and they all have a blood quantum requirement for membership, with most being either 1/4th or 1/8th, I think. CNO is one of the few, perhaps the only one, that thinks as many of us do, any amount of blood is suffecient.
I can have no English blood, move from India to London, and become a citizen of the U. K., but I can not do that to become a citizen of an American Indian Nation. Is that racist, yes — but unfortunately it is the law, too.
Also the B. I. A. requires I think that you show descendance from a group that was once federally acknowledged in a treaty, AND you have to show a group of people never left, never disbanded, and were never assimilated basically. Almost nobody can EVER meet that requirement and that’s probably why continually living on one place and being descended from only a few families is important, I think.
Some states realized this was impossible to do — even states with a sizeable Indian population — so they started state recognition. That is what somebody told me about Alabama’s state recognized tribes. That is, they became state recognized because they knew already they were not eligible for federal recognition.
I asked this same question on another list. Someone said states that were once “Colonies” of the U. K. (like Virginia, and unlike Alabama) have state recognized statuses for other reasons. Once, these tribes had a relationship with the state goin back to colonial times, before the nation (U. S.) existed. I don’t see state recognized tribes much further west than Alabama, though.
I do think it is a mistake not to let federally recognized local tribes be aware of our sentiments and intentions. It is an acknowledgement of respect which they can disagree with if they so desire, but it is also an open dialogue, and an opportunity to convert them, one by one, person by person, tribe by tribe. Change always happens slowly.
They know we exist already. I have seen several smaller tribes in the NE corner of Ok (Seneca-Cayuga, Miami, Delaware (E. Ok), a Band of Shawnee I think, Wyandotte, Ottawa, and a few others — 8 or 9 in all) who have invited the White River Band of Chickamauga Cherokee from Ar & Mo — to their ceremonial grounds for events, doing things together. Some of those smaller Tribes might do as suggested and help out that band of nonfederally recognized Cherokee. CNO is like a very big brother at their doorstep and they wouldn’t mind irritating them just a little
— ha ha.Please feel free to e-mail me at cwyhawkins@yahoo.com . I didn’t know anything about a Dec2002 deadline.
thank you all for respondin’. I am learnin’ something.
vance hawkins
[This message has been edited by vance hawkins (edited 09-11-2002).]
[This message has been edited by vance hawkins (edited 09-11-2002).]
Concerning the Nottaway — sounds a lot like a book I had to read in high school 30 plus years ago — “Catch 22” — damned if ya do & don’t, both.
Silver & gold have I none, But I can wish you good fortune & prayers.
vance
A clarification of previous statement which I posted is warrented.
When I stated to contact me concerning the Reaffirmation of Tribal Status, I was referring to any tribal community desiring to reconstruct their tribal status from the basis of the people of the tribe. That means everyone. I have drafted a Reaffirmation of Tribal status which can be modified to the specific needs of the individual tribe. This is much similar to that a format for reaffirmation. It is generic in foundation.
While I am descended from the Nottaway, so am I of the Cherokee and other remnant tribes. Because of this mixture, I feel it necessary to provide a generic format by which all tribes and bands can utilize for their benefit. I don’t believe in the concept of holding one hostage through withholding knowledge. That is why I decided to open my own website to impart such knowledge freely (of course I would accept any donation without hesitation…if you know what I mean).
I am 100% disabled Veteran and therefore have the time to devote to assisting others in tribal reconstruction. By placing it into the public domain I reduce the time for replicating similar information to those who ask. That is why I put it within a generic format.
Some would take issue on a specific statement I placed within the Reaffirmation Affidavit, that of declaring the Children to be assets of the Tribe and therefore declared as Wards of the Tribal Council and Tribal Court at birth. The point is that if we declare ourselves to be tribal, we need to protect the only true asset of the tribe, our children, from being taken and placed with other cultures and races at the discression of the State. What the reaffirmation affidavit attempts to do is to establish a status of “Home State Jurisdiction.” Without home state jurisdiction, a state court is in want of jurisdiction in matters of child welfare, and therefore is not a court of competent jurisdiction. This activity preempts the states jurisdiction.
Under the Indian Citizenship Act, one cannot loose rights to tribal property through gaining citizenship with the United States. It has already been argued before the Federal Corurt that Tribal Religion is a [property] of the tribe and the court cannot interfere with its practices. With the tribal population declaring the children as assets of the tribe, they are essentially regarded as the property of the tribe (remembering that in America all persons born and citizens thereof are the property of the United States dispite what we think). If the children are declared assets of the tribe, the tribe itself cannot be denied the jurisdiction over the children. Therefore, if tribal status is reaffirmed under the affidavit, and a grant of a special power of attorney is issued to the elected council of the tribe, then actual sovereignty is restored by the people to its elected representatives. This is truly the start of tribal reconstruction.
The tribe must first be reconstructed from within in order to truly be sovereign. A conveyence of sovereignty by the people is superior to that of a privileged status of sovereignty, remembering that sovereignty granted by the US is subject to the descression of the President…not the People.
Enough said for now on this subject.
There are essentially two factions of Nottaway at the present. The Nottaway who never left the area, and those who migrated. The Nottaway who never left are legitimate descendants of the Nottaway and Nansemond Tribe, of which I challenge the Virginia Council on Indians to validate either the legal termination or statatory extinction of the Tribe. It cannot be done as there is no document in existance to validate such. Henceforth, the Nottaways of Southampton have never lost status. I further challenge the Virginia Council on Indians to produce any record by which the adult population of the Nottaway and Nansemond Tribe held an election to formally dissolve the tribe. Again, it cannot be done.
Most of those who migrated did so and were either incorporated with other tribes, or maintained cultural ties with other tribes. Many of those who migrated or left the state were prohibited from return under the “Color Laws.” They too retain their tribal and or cultural status as well as descendancy.
The Nottaways were included within the Potowatomi, Huron, Oghsguagas, Cherokee, Meherrin, etc. and were accepted so as Nottaway. My point is that the Nottaway never lost status, ever. It just did not exercise its options when the state established the Virginia Council on Indians because it never lost its status and had no need to petition. Why would a tribe which never lost status be required to petition for the status never lost? Simply put, the current Nottaways (Cheroenhaka of Southampton County) are for all purposes eligible for any service and benefit granted to other acknowledged Indians of the State, they just do not have State Council representation except through the representative at large.
What is needed is for a Nottaway to hunt, fish and gather under the provisions of exemption, utilizing their Tribal ID Card issued by the Tribal Council of the Nottaway. The state could challenge their activity but would loose the challenge simply because they would be required to provide the documents which extinguished the tribe, and of which there are none.
Again, enough for now.
To Cheronhaka,
Concerning the Reaffirmation Affidavit, I find it very odd to want to use children as assets, SLAVERY IS NOT LEGAL ANY MORE! I must take back my previous post saying that I would help you, as I will not. If children are made assets of the tribe at birth, then whatever their parents work for & own will go directly to the tribe NOT THE CHILDREN! This I find to be an insult to the intelligance of many people, also it only smells of greed $$$. I may be a Turner, BUT YOU DON’T REPRESENT OUR FAMILY IN ANY WAY SHAPE OR FORM.
CoheeLady
Cohee lady —
I think you are misunderstandin’.
It’s just legal mumbo-jumbo-gobble-de-goop —
Nobody’s talkin’ about modern day slavery.
vance
Vance,
I’m not misunderstanding the legality of the issue, regarding children at birth being assets of the tribe. As the Reaffrimation Affidavit declares that the children will be wards of the Tribal Council. As Cheronhaka stated,”With the tribal population declaring the children as assets of the tribe, they are essentially regarded as the property of the tribe.”
CoheeLady
TO CoheeLady, and other interested parties.
First and formost, we are not talking about slaves when we talk about assets of a tribe. We are talking about the continued existence of the tribe itself. If all the children are taken away by the state, then there is no tribe. To think otherwise would be to turn away from the reality of how things are.
When you are born in the USA you are assigned a birth registration number, are you not? This birth number is the first step in the registration of you as an asset of the United States and that is why America assumes that you belong to it. The requirement of one to attain a Social Security Card, now at birth, is to reinforce the asset status. For example, if you don’t file your taxes every year without your “asset” number, you are immediately sought out for possible prosecution. They locate you through your asset number.
If you want leave the United States for any reason, and refuse to give your Asset Number (aka Social Security Number) the IRS can impose a penalty upon you for the refusal in the amount of $500.00 and still require you to give them your asset number. EVEN if you do not plan to work in a foreign country.
If you go to a foreign country and decide you are not a citizen of the US, seek employment there while complying to all their requirements, and fail to pay the IRS, you can be charged as a criminal…even if you decide you are not a citizen of the US. Even, if you acquire citizenship with another country, you first have to get the permission of the United States, therefore you are an asset and a slave.
The purpose of the reaffirmation affidavit and the position that the children are assets of the tribe is for the protection of the children from a foreign government seizing them and placing them where ever they wish.
If you go to the state of California and bring your children there, be aware that upon establishing residence that the children are immediate Wards of the State of California and you as a parent are entrusted only to their care, with limited legal rights. Many states have similar status for the children residing there. That is why a Social Worker can take your children from you without benefit of a Trial. You then have to prove that you are fit and are willing to comply to their directives, else you shall never have custody of the children again. AND, if you remove them from the state, then you can be charged with felony Custodial interference and interstate transportation of a minor.
To reduce the conflict of multi-jurisdictional laws, the federal created a concept of “Home State Jurisdiction.” Therefore, no matter where you removed your child to, including to the state in which the child was born, and if you were resident in California when the state removed the child originally, the state of California holds home state jurisdiction and you are governed by their laws.
To overcome the concept of Home State jurisdiction, many Federal Tribes have declared their Children to be ASSETS of the Tribe to be protected as they are the future of the tribe. Others declared the Children as wards of the Tribal Court and/or Council at birth in order to pre-empt State jurisdiction over the child. Still others declared the children as both assets and wards of th Tribal Court. This preempts any states’ jurisdiction, and the homestate for jurisdictional purposes rests with the tribe.
Therefore the concept of Assets in this instance has nothing to do with concepts of slavery, but the precept of protection of the children from a foreign government seizing them and determining the best interests of the child from a foreign view.
If you feel that I have not adaquately answered your concerns, then be more specific and I will address the specifics.
Again, if you proclaim yourself to be an Indian, enrolled into a Sovereign Indian Tribe, then how can the State or the US have a superority over your children more so than you or the Tribe? There are no East Coast Tribes who signed a treaty or agreement acknowledging the Supremacy of the US nor that they resided in the Territory of the US, so again, why is it that a state Social Worker can take your children at any time [if] they do not belong to the state? If you can answer that for me, please do.
For your knowledge, I appeared before the Superior Court of California in an Indian Child Welfare issue (State removed a child of the tribe, placed the child with a non Indian Jehovas Witness, and was going to allow the child to be adopted into that family). I argued that the child was an enrolled member of the Tribe, as was the mother who was non married at the time. I was promptly informed that the Tribe was neither state nor federal acknowledged. I presented the “reaffirmation affidavit” which was signed by the Mother prior to the birth of the child and the ensuing custody battle. The court responded with “unless there is a competent court of jurisdiction” (Tribal Court) with specifics of tribal law governing the children as “Assets of the Tribe and Wards of the Tribal Court,” it would have to dismiss the affidavit as not relevant as it refers to a Tribal Court and Child welfare law of the Tribe. I produced the Tribal Child Welfare Law, and rules of order for the tribal Court. The Judge reviewed the Tribal Laws, and rules of order as well as the affidavit and found it consistant. The ruling was the full and complete transfer of jurisdiction from the Superior Court of the State of California to the Tribal Court, with it came the acknowledgement that the tribe [was] an Indian Tribe with a court of competant jurisdiction. Again, remember that the tribe was neither state nor federally acknowledged.
In order to demonstrate that you are a Sovereign Tribe if you do not have a formal state of acknowledgement at the state or federal level, you must gain the sovereignty by the will of the people of the tribe. To do so in a way by which the Court is obligated to acknowledge such, it must be in a format by which the court understands. That format is within the structure of a “Special Power of Attorney.” That is what the reaffirmation affidavit is.
And by the way, Indians are not dual citizens of the US, even those of tribes which do not have a status of acknowledgement. Citizenship cannot be imposed upon one. The 14th Amendment to the constitution did not make all Indians residing or born in the US Citizens. If that was the case, then there would have been no need to create the American Indian Citizenship Act of 1924, which was an Act of “Naturalization.” One cannor be Naturalized without their knowledge or consent, nor can one be forced to accept naturalization as to do so would be under duress, which invalidates the citizenship.
As the action of naturalization of Indians was created, there was also created a “Certificate of Citizenship for Indians” to be issued to by the Secretary of the Interior, further substantiating that it was an activity of Naturalization. Can you demonstrate for anyone on this forum that you or one of your ancestors [has] such a document?
Remember also that you can be a Citizen of the US and a National, or just a National of the US. Peurto Ricians are Nationals because they are born in a territory “claimed” by the US (for their protection I might add). But they are not US Citizens. There are many Phillipinos who were born in the Phillipines who were Nationals of the US, but who were not citizens. The same applies to Guam, and other pacific Islands. As a National, you are eligible for all the services and benefits enjoyed by a US Citizen. To accept that you are a CItizen of the US further erodes any status of Sovereignty, implicit or implied.
I won my arguments regarding this issue of National vs Citizen of the US and was effectively removed from the rolls for jury duty (only a Citizen can serve on a jury in Missouri). I am a Citizen of the Tribe and a National of the US.
I forgot to mention that the Reaffirmation Affidavit has nothing to do with the Tribe gaining the income or property from the parents, or anything of that nature. The Ward status is specific in that there is a [shared] legal custody with the parent. Not superior to the parent. It ensures that the placement of the child remains with the parent, or the tribe [in time of need]. Nothing infers the tribe having any authority over the parental assets or the child’s assets.
Again we get into what the state does. In order for the state (especially California) to have any decision making ability over the child, it MUST have legal authority to do so. That is why children were declared as Wards of the state, which is especially evident when the child enters the school or judicial arena.
If the Tribe is to exist as a tribe and not as the YMCA, it must have the powers to govern. Without which it is nothing more than a social institution similar in structure to a YMCA. That is perhaps one of the main reasons I state that one must formally proclaim that s/he is a “CITIZEN” of the Tribe rather tham a Member of the Tribe. Tell me if this sounds right to you: American Member, Virginia Member, YMCA Member, Tribal Member, Richland Member. Of this listing, four are declared to be sovereigns. You are a citizen or Resident of a State, but you are not a member thereof; You are a Citizen or National of the US, but you are not a member thereof; You are a Citizen or Resident of a City; but again, you are not a member thereof. Why then are you only a member, neither resident, national, nor citizen of an Indian Tribe. The reason is that a Citizen has a more formal relationship with his COUNTRY. A member (according to the dictionary) “is a person belonging to an incorporated or organized body, club, or society, etc.”
As usual you put forward compelling logic. I do understand what you are saying now about the child custody issues, though I must admit, when I first read your Affidavit it floored me. I said to my husband, “It says we can be considered Indians. All we have to do is give away our children and our citizenship.”
Since then I have come to feel that I would prefer, if something happened to us, that the people we consider to be in our tribal family would make the decisions about what happens to our children, and not the state.
As for the other issue, I don’t think I’ll be contesting my summons for jury duty. I do feel I have enjoyed a good many privileges as someone assumed since birth to be a Citizen (That’s what my birth certificate announces — the arrival of a new citizen.) I think my approach is to consider that the better part of the American philosophy and values are really native derived. I don’t need to change allegiance, my country just needs to be itself more honesty and fully.
This is an Indian country taken over by aliens who usurped the values of this land and called it the American spirit. That’s a lie. Those core values were never breathed in Europe. White men never breathed the air of personal liberty till they came here. Then they patted each other on the back for what they’d “invented.” Not exactly.
Your most important asset: People, without which there is no tribe!
Children As Assets is not a foreign concept of either the state or the tribe. Persons regarded as Assets are formally regarded as valuable to the continuity of the culture. Because the term “asset” is used, it should not belimited in context to a form of property, but inclusive of a value to the continuity of the future of the tribe.
Elders are a valuable asset to the tribe in that they convey the histories and traditions of the past. Parents are assets to the tribe in that they procreate to maintian the present status of the tribal existence. Children are assets of the Tribe in that they [are] the future, without which the tribe is no longer existant.
Honorable Napoleon A. Jones, Jr., United Stated District Court, Southern District of California referrs to Children as assets of the state.
most people see their children as assets
African cultures continue to value children as assets. Children assure the generational continuity …
Children, as assets of the marriage, are often allocated in terms of “custody” to one parent or the other. As an asset of a tribe, the custody of the children, outside of a marriage, or if deemed a child in need, would first be placed with the parent and secondarily with the Tribe or within the tribal culture. This precludes an invasion of the state into matters of the tribe.
Again, I hope that you understand what I stated was not to infer “Property” but of great “Value” the continuity and future of the tribe. The reference to the Status of Citizenship with the US under the Indian Citizenship Act, and references to one not loosing rights of tribal property, must be understood as a legal term for the protection of the peoples of the tribe. Not that of implied slavery.
Oh! to correct the phrase that Slavery was outlawed. Such should be revisited as slavery for American Indians was not outlawed until 1935, eleven years after Indians were allowed to be naturalized as citizens of the US. Mississippi did not outlaw slavery until 1992 which finally released the Wife from the status of Property of the Husband.
Slavery was re-introduced under the Clinton Administration within the limited form of endentured servitude by the will of the state and without the necessity of Due Process. This activity is often refered to as Child Support Payments by which a person can be forced into labor, regardless of status disability, and can be prohibited from Drivers License, Education, specific types of employment, freedom of association, choice of religion and cultural practices, and from even leaving the state. If this is not slavery, I don’t have a comprehension of what is. One can even be placed in a jail cell, released to perform “assigned” labor, then returned to the jail, never receiving any benefit of wage for the duration of the period endentured to by an action of law, and without being charged for any crime except for being unemployed or disabled. Again, to me that is the very definition of slavery. If you would like, I can give you an example from my own family who is charged with felony non support for a period in which he could not gain employment due to no employment opportunities within a 50 mile radius, driver’s license revoked for non payment of child support due to unemployment, Mandated not to attend school under threat of incarceration if attempting to do so, placement in jail and released for work and upon completion, returned without benefit of compensation (all money earned went to pay for incarceration costs as well as Child Support) and because he could only work 3 hours per day due to disability, his earnings went to incarceration only and his child support remained in arrears. He was also informed that he could not associate with certain tribal members of a local tribe nor could he participate in cultural activities which would be offensive to the Child’s Mother, nor to continue with his religious practices. Therefore, I have first hand knowledge of the existence of slavery in the United States Proper, and specifically in the state of Wisconsin. Rest assured that the American Civil Liberties Union was contacted regarding this matter, but they declined to assist due to it being a matter of Criminal Non Support!
This is why it is imperative that a tribe formally declare its protections for the family and the children. To allow the state to continue in its practices is to accept that the tribe is extinct in practice. If it takes a statement of declaration that the children are assets of the tribe, to be protected by the tribe, declared Wards of the Tribal Court and Council at Birth with shared legal custody with the parents… If this statement alone will protect the children from being taken by the state social services agency, and protect the non custodial spouse from being legally placed into slavery, then it is the right thing to do.
What we are arguing about is semantics. The Court understands Legal terminology and format…symentics takes a back seat as it does not matter what the Dictionary defines a word to be, the Judge’s definition is what the court will rule on…and none other.
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