Delaware Tribe removed from state Indian list

[MayChe]

by: S.E. RUCKMAN World Staff Writer
1/13/2008 12:00 AM

BARTLESVILLE -- They are the descendants of the same tribe that sold Manhattan Island centuries ago. The Delaware Tribe of Indians has its own tribal language, customs, offices and council meetings.

But it hasn't had federal recognition since the Bureau of Indian Affairs removed its official tribal status after the group lost a 10th U.S. Circuit Court of Appeals decision to the Cherokee Nation over treaty stipulations in 2004.

"No matter what the government says, I'll always be Delaware," said tribal elder Evelyn Kay Anderson of Bartlesville.

The Delaware, who number around 10,000, are on a short list of Oklahoma's nonfederally recognized tribes. There are 37 federally recognized tribes in the state, many which relocated to Oklahoma during the 1800s.

Recognition is the gold standard for Indian groups, bringing with it federal subsidies, grant monies, health care, housing and tribal citizenship. Oklahoma does not grant state recognition, although some states, like California, do.

Without recognition, Indian groups have no claim to trust property or to Indian gaming.

Other Oklahoma groups without recognition include the Euchees in Sapulpa, who petitioned in the 1990s, and a Cherokee-based group called the Northern Chicamunga Cherokee Nation of Arkansas and Missouri, which also filed for recognition in the 1990s, according to the Manataka American Indian Council.

Andrew Skeeter is the chairman of the Euchee/Yuchi group that is also a distinct, separate group that wants federal recognition. The Euchees are affiliated with the Muscogee (Creek) Nation, although their languages are different.

"Of course, I am listed on the Creek rolls, but I am Euchee first," he said. "That's the way we Euchees were raised."

Skeeter said there are about 300 self-identified Euchees and the number grows close to 1,000 when counting those who claim some Euchee, he said. An earlier attempt by the Euchees for recognition through the Bureau of Indian Affairs failed because many Euchees are on the Muscogee (Creek) rolls.

Still, the Euchee group receives federal grants to help preserve its distinct and dying language. This year, it was removed with the Delaware Tribe of Indians from a state list drawn up by the Oklahoma Indian Affairs Commission.

One federal official holds sway over most recognition decisions.

Carl Artman, the U.S. Interior Department's Bureau of Indian Affairs secretary, recently visited area tribes and agencies. He told the Tulsa World that the Bureau of Indian Affairs receives an average of 12 requests annually from groups that want to make their tribal identification official.

"We've got 10 on the ready list," he said. "Right now there are about 260 seeking recognition in the country, but 2,493 are only in the beginning stages."

Artman said the department has noticed no correlation between recognition requests and gaming, although the two issues are related. To conduct tribal gaming, federal statutes require a tribe to have land in trust, which can only be requested by recognized tribes.

"Recognition takes a while," Artman said. "I think some of the files we have are getting kind of dusty. We have to be careful before we start dishing that (recognition) out."

Meanwhile, the Delawares' recognition remains in limbo. They are counting on another avenue that leads to recognition. U.S. Rep. John Sullivan has been drafting a bill that could restore the Delawares' recognition. Efforts to move that bill forward have stalled due to disagreements over the bill's language.

"I am still working with the tribes to come to an agreement," Sullivan said.

At the Delaware Community Center, Anderson and her aunt, one of the last full-blood Delawares, are hopeful that they can see their recognition restored.

"We've got to keep our traditions going," Anderson said.

"If we didn't, it'd just all be for nothing," said 78-year-old Emma Jean Kirkendall.

[Josiah]

by: S.E. RUCKMAN World Staff Writer
1/13/2008 12:00 AM

BARTLESVILLE -- They are the descendants of the same tribe that sold Manhattan Island centuries ago. The Delaware Tribe of Indians has its own tribal language, customs, offices and council meetings.

But it hasn't had federal recognition since the Bureau of Indian Affairs removed its official tribal status after the group lost a 10th U.S. Circuit Court of Appeals decision to the Cherokee Nation over treaty stipulations in 2004.

"No matter what the government says, I'll always be Delaware," said tribal elder Evelyn Kay Anderson of Bartlesville.

The Delaware, who number around 10,000, are on a short list of Oklahoma's nonfederally recognized tribes. There are 37 federally recognized tribes in the state, many which relocated to Oklahoma during the 1800s.

Recognition is the gold standard for Indian groups, bringing with it federal subsidies, grant monies, health care, housing and tribal citizenship. Oklahoma does not grant state recognition, although some states, like California, do.

Without recognition, Indian groups have no claim to trust property or to Indian gaming.

Other Oklahoma groups without recognition include the Euchees in Sapulpa, who petitioned in the 1990s, and a Cherokee-based group called the Northern Chicamunga Cherokee Nation of Arkansas and Missouri, which also filed for recognition in the 1990s, according to the Manataka American Indian Council.

Andrew Skeeter is the chairman of the Euchee/Yuchi group that is also a distinct, separate group that wants federal recognition. The Euchees are affiliated with the Muscogee (Creek) Nation, although their languages are different.

"Of course, I am listed on the Creek rolls, but I am Euchee first," he said. "That's the way we Euchees were raised."

Skeeter said there are about 300 self-identified Euchees and the number grows close to 1,000 when counting those who claim some Euchee, he said. An earlier attempt by the Euchees for recognition through the Bureau of Indian Affairs failed because many Euchees are on the Muscogee (Creek) rolls.

Still, the Euchee group receives federal grants to help preserve its distinct and dying language. This year, it was removed with the Delaware Tribe of Indians from a state list drawn up by the Oklahoma Indian Affairs Commission.

One federal official holds sway over most recognition decisions.

Carl Artman, the U.S. Interior Department's Bureau of Indian Affairs secretary, recently visited area tribes and agencies. He told the Tulsa World that the Bureau of Indian Affairs receives an average of 12 requests annually from groups that want to make their tribal identification official.

"We've got 10 on the ready list," he said. "Right now there are about 260 seeking recognition in the country, but 2,493 are only in the beginning stages."

Artman said the department has noticed no correlation between recognition requests and gaming, although the two issues are related. To conduct tribal gaming, federal statutes require a tribe to have land in trust, which can only be requested by recognized tribes.

"Recognition takes a while," Artman said. "I think some of the files we have are getting kind of dusty. We have to be careful before we start dishing that (recognition) out."

Meanwhile, the Delawares' recognition remains in limbo. They are counting on another avenue that leads to recognition. U.S. Rep. John Sullivan has been drafting a bill that could restore the Delawares' recognition. Efforts to move that bill forward have stalled due to disagreements over the bill's language.

"I am still working with the tribes to come to an agreement," Sullivan said.

At the Delaware Community Center, Anderson and her aunt, one of the last full-blood Delawares, are hopeful that they can see their recognition restored.

"We've got to keep our traditions going," Anderson said.

"If we didn't, it'd just all be for nothing," said 78-year-old Emma Jean Kirkendall.

The article kinda makes it sound like they are out on there ear!!!
The suit they lost was to seperate from the Cherokee Nation and become a seperate tribe....
But they are still listed as Delaware/Cherokees and still citizens of the Cherokee Nation
In fact the Constitutional vote we had last year that affected the freedman also affected the Delaware and Shawnee that are on our rolls, they are listed as Citizens while the Freedman who are not NDN are not...

[Blackbear]

Thanks for that follow up Josiah.. you're right, it's a misleading article in that way.

[MayChe]

Josiah, are they trying to separate themselves from the Cherokee Nation?

Indianz.com goes on to say:

The Delawares lost their recognition as a result of litigation by the much-larger Cherokee Nation. The Cherokees say the Delawares can't be a separate tribe due to an 1866 treaty.

The Delawares maintain their own language and cultural identity. "No matter what the government says, I'll always be Delaware," elder Evelyn Kay Anderson tells the World.

The Delaware Tribe and the Cherokee Nation have discussed ways to put the Delawares back on the list of federally recognized. Proposed legislation would give the Cherokees virtual authority over federal funding, land-into-trust and other matters.

[Josiah]

Josiah, are they trying to separate themselves from the Cherokee Nation?

Indianz.com goes on to say:

The Delawares lost their recognition as a result of litigation by the much-larger Cherokee Nation. The Cherokees say the Delawares can't be a separate tribe due to an 1866 treaty.

The Delawares maintain their own language and cultural identity. "No matter what the government says, I'll always be Delaware," elder Evelyn Kay Anderson tells the World.

The Delaware Tribe and the Cherokee Nation have discussed ways to put the Delawares back on the list of federally recognized. Proposed legislation would give the Cherokees virtual authority over federal funding, land-into-trust and other matters.

In April 1867 the Delaware and Cherokee signed an agreement whereby the Delaware would pay $280,000 for Cherokee land in northern Oklahoma and become part of the Cherokee Nation. The arrangement was mutually beneficial, since with almost $1,000,000 in their tribal fund, the Delaware were landless with money, while after the Civil War, the Cherokee were poor with more land than they needed. The Delaware had a difficult move to Oklahoma in 1868. Once there, they found themselves unwelcome by the Osage (old enemies from Missouri) and the Cherokee (opposite side during the Civil War). While the Delaware intended to maintain a separate identity and tribal organization, they assumed the purchase gave them full voting rights and citizenship in Cherokee Nation. The Cherokee disagreed, and the dispute finally had to be resolved through a long court battle fought during the 1890s.

As part of the Cherokee Nation, the Delaware in Oklahoma were able to avoid allotment until the Curtis Act (1895) dissolved tribal governments and forced allotment in 1901. The Delaware felt that since they had purchased their land from the Cherokee, they were immune. However, in a 1904 decision, the federal courts ruled that the government had not conferred ownership on Native Americans, but only the "right of occupancy." Therefore, the sale of land by Cherokee in 1867 had only given the Delaware the right to occupy the land during their own lifetimes. As a result, the Delaware lands were allotted in 1907 just like everyone else's - 160 acres to each head of household with the excess being sold to whites. In 1979 the BIA terminated the separate tribal status of the Delaware and Shawnee living among Cherokee in eastern Oklahoma in favor of the Cherokee Nation. Following a legal battle covering almost 20 years, the Delaware, who were the first tribe to sign a treaty with the United States, have just been successful in reversing this decision and regaining federal recognition as a separate tribe, the Delaware Tribe of Indians.

This is as of 1996

I need to research more because the more I read on this the only people covered were the ones that intermarried with Cherokees thus in effect are Cherokees

It appears they won there case to be seperated from the Cherokee and then the Government promplty did not recognize them as a Soveriegn Tribe
I have read of two more court cases concerning this including the Supreme Court Case in 2005
I need to do some more reading before I answer this.

Josiah

[Josiah]

More Info on this mess!

In 1978, The Cherokee Nation sought to have the United States no longer recognize the Delaware Tribe as a separate Indian nation. As a consequence, the United States, through the BIA, withdrew federal recognition of the Delaware Tribe headquartered in Bartlesville, Okla.

In 1996, the BIA reversed its decision and the Delaware Tribe was once again federally recognized.

In a 2002 decision, U.S. District Court Judge Sven Holmes issued a partial order in favor of the BIA's decision to restore federal recognition to the Delaware Tribe of Indians.

Then, in November 2004, in response to a lawsuit filed by the Cherokee Nation against the Department of the Interior, the 10th Circuit Federal Court of Appeals reversed Holmes' decision by ruling that the Delawares had abandoned their Delaware identity to become Cherokee citizens in the 19th century.

The 10th Circuit Court of Appeals relied upon an 1894 U.S. Supreme Court ruling, Cherokee Nation v. Journeycake, which declared that individual Delawares had all the rights of Cherokee citizens. The Cherokees were receiving a large per capita payment from the sale of lands, and the Delawares argued that they had purchased their Cherokee citizenship on a per capita basis based on the total value of the Cherokee Nation and should have the right to share in per capita payments. The U.S. Supreme Court ruled that the Delaware could receive a portion of the monies because they had all the rights of Cherokee citizens.

In 1977, the U.S. Supreme Court declared that despite its association with the Cherokee Nation, the Delaware Tribe was a separately federally recognized tribal entity.

However, in its 2004 decision, the 10th Circuit Court ruled that because the 1894 Supreme Court ruling held that the Delawares had all the rights of Cherokee citizens, the Delawares living among the Cherokees had not been recognized since 1867. Further, the court ruled that the BIA failed to use proper procedures to restore recognition of the Delawares, and declared unlawful the 1996 BIA ruling to recognize the Delawares. Consequently, Interior was forced to withdraw federal recognition from the Delaware Tribe.

[MayChe]

Wow, thanks for clearing that up. That's a big mess...

[CHEROSAGE]

Josiah, a few years back some of my cuz's had to make a declaration whether they wanted to be recognized as Cherokee or remain Shawnee. I believe the Delaware had to do the same. I was told that the Delawares lost Fed Rec when they separated from the Cherokees. This is only what I was told.

[Josiah]

Josiah, a few years back some of my cuz's had to make a declaration whether they wanted to be recognized as Cherokee or remain Shawnee. I believe the Delaware had to do the same. I was told that the Delawares lost Fed Rec when they separated from the Cherokees. This is only what I was told.

That is pretty much what i have found out
They are still working toward getting Federal Recognition again but right now they are not recognitized under the BIA guidelines
What a mess

[OgamaWab10]

Delaware

Delaware (Lenni Lenape ) is a Anishnawbe tribe.

[OgamaWab10]

Anishnawbe

Anishnawbe –Meaning of this word, First people, Original people, whence lowered the male of the species, first man. In many books and websites, they state that we are Algonquin stock. However, they are incorrect, we recognize our selves as Anishnawbe.Anishnawbe are = Ojibways, Ojibwa, Ojibwe, Ojicree, Cree, Chippewa, Potawatomi and Algonquin, etc. and we speak the Anishnawbe language. Lenni Lenape is another way to say Anishnawbe in old form. Many of Anishnawbe people were a big family at one time, before the whites came to this land.