b11

Some time back while at the complex getting some documents, I stopped by the Council house to see if I could get the legislative act by the Swimmer council that kicked out the Freedmen as Cherokee Citizens of the Cherokee Nation of Oklahoma.. I came away with a bunch of stuff but not that Law per-se' After reading through it all, I still don't have an actual original council act for CNO citizenship, because folks there was none, only this THIS SET of rules by swimmer and his appointed regestrar, so folks for 10 years the Freedmen descendants were striped of their Cherokee Citizenship by a mere set of rules with no basis in law..

In 1988 Mankiller realized the rules were not law, so she had her council pass THIS RESOLUTION not knowing a resolution was not actual law, assumed she had rectified swimmers oversight. But not so folks, so the facade continued unlawfully stripping the Freedsmen of their rights and holding them at bay with out the benefit of law. Then in 1992 Mankiller finally realizing the difference in a resolution and a legislative act with respect to what is law had her Council to pass THIS LEGISLATIVE ACT , I omitted and skipped the parts that did not pertain to citizenship, any one interested can get the whole thing. The one thing to note in this unconstitutional act by the council is for 14 years the freedmen were

mentioned in rule number one of the 1978 set of rules, and with the legislative act the freedmen were left off, out of sight out of mind I guess., and if you will notice the Cherokee Shawnee were left off to, did that mean they were not Cherokee, because they certainly had no Cherokee blood. While the Delaware Cherokee are mentiond who have NO Cherokee blood but are considered Citizens of theCherokee Nation of Oklahoma In this act , if you will note, Section 3 says this supercedes resolution mentioned above, and that it conforms to Article III of the Cherokee Nation of Oklahoma Constitution, if you will read the THE CONSTITUTION you will see it don't.

Then in paragraph (i) Necessary Evidence, spells out what is and will be accepted as official documents for this purpose, note the CDIB is not listed as a required...

Then in section 6. paragraph (a) it plainly says the final rolls by blood are the only basis for citizenship, and neglects mention there are final roll of Cherokee freedmen Authenticated by blood but with no listing of degree, They are the WALLACE ROLL and the KERN CLIFFTON ROLL...Note there is no mention of required degree in this act and it says it supercedes the Rules of Swimmer...

And then in 2002, Chad Smith decided to re-invent the wheel, so the Council of Smith does ANOTHER ACT and re-includes the Shawnee that mankiller left off. It has mostly to do with relinquishment and re-enrolling...

If you will note there is not much change in the Citizenship portion...Also you may note this is the act by which we Cherokee became Citizens rather than members of the Indian Club the Cherokee Nation of Oklahoma.

In Section 4, paragraph C. Base roll, the Shawnee were added but still no freedmen mentioned...

Paragraph D. on the CDIB nothing changed from the 92 Act...The registrars office still blocks the freedmen from citizenship with this false claim that the CDIB is the only proof thy can have when the law is plain, only LINK to anscestor is required documented of course.

One has to wonder if the Council even knew what they were voting on when they passed these laws! Also One might wonder is this Constitutional, or is it extraconstitutional?

Seems to me this would be tantamount to constitutional amendment, and this is to be done by vote of the Cherokee People, is it not?

John cornsilk