Does Cherokee vote need OK?
Tribes: Principal chief questions continued federal oversight
Does Cherokee vote need OK?

By Tony Thornton

Published: March 31, 2007

TAHLEQUAH — The U.S. Interior Department is delaying approval of the Cherokee Nation's recent election, at which voters decided to remove descendants of black freedmen from the tribe.

A letter sent Wednesday to Cherokee Nation Principal Chief Chad Smith said federal officials also are delaying action on the tribe's 2003 constitutional amendment, for the same reason.

"Due to ongoing concerns about the rights of the Freedmen, the Department of the Interior is still studying the issues in this evolving matter,” the letter states.

The letter is signed by Carl Artman, assistant secretary for Indian affairs.

Artman and Smith disagree over whether federal approval is required for any Cherokee Nation constitutional amendment to take effect.

Smith contends the 2003 amendment, which said the Cherokee Nation no longer needed federal approval, eliminated that requirement.

"We appreciate notification from the BIA, but it's been four years since they offered to give their opinion on our 2003 constitution and it may be four more before they do,” Smith said in a statement.

"Regardless of what advice they may eventually give in the future regarding the constitution, the Cherokee courts and the Cherokee people have spoken, and the 2003 constitution is in place,” Smith said.

The March 3 election resulted in about 2,700 freedmen descendants being removed from Cherokee tribal rolls. This makes those people ineligible for medical and other services provided by the tribe.

The freedmen were slaves adopted into the Cherokee Tribe in 1866, after the Civil War.

More than two dozen members of the Congressional Black Caucus sent a letter to Artman this month protesting the election. Additionally, at least one group, the National Congress of Black Women, has called on Artman to freeze federal funding to the Cherokee Nation.

There is precedent for such action. The Interior Department eliminated federal funding for several Seminole Nation programs after a similar election in 2000.

Artman's letter and the fear of losing federal money were discussed Friday at two tribal council committee meetings.

Jennifer McBee, attorney general for the Seminole Nation, discussed similarities and differences between the two elections and subsequent responses by federal officials.

One significant difference is that freedmen descendants weren't allowed to vote in the Seminole election, McBee said.

Also, unlike in this case, Seminole leaders received letters before the election warning of federal repercussions, she said.

"This letter isn't threatening action one way or another,” she said of Artman's letter. "It tells me very little.”