To sever United States Government relations with the Creek Nation of Oklahoma until such time as the Creek Nation of Oklahoma restores full Tribal citizenship to the Creek Freedmen disenfranchised in the October 6, 1979, Creek Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes.

I 116TH CONGRESS 1ST SESSION H. R. 1514 To sever United States Government relations with the Creek Nation of Okla- homa until such time as the Creek Nation of Oklahoma restores full Tribal citizenship to the Creek Freedmen disenfranchised in the October 6, 1979, Creek Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 5, 2019 Mr. DANNY K. DAVIS of Illinois introduced the following bill; which was re- ferred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To sever United States Government relations with the Creek Nation of Oklahoma until such time as the Creek Nation of Oklahoma restores full Tribal citizenship to the Creek Freedmen disenfranchised in the October 6, 1979, Creek Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514 SSpencer on DSKBBXCHB2PROD with BILLS 2 •HR 1514 IH SECTION 1. FINDINGS. 1 Congress finds the following: 2 (1) Historically, the Muscogee (Creek) Nation 3 (‘‘Creek Nation’’) were comprised of a confederacy 4 of separate towns, Tribes, and peoples. Each town 5 was a complete governmental unit in and of itself. 6 Among those peoples were the Yamassee or Jamassi, 7 who were reported to have emigrated from Africa 8 prior to the European discovery of America. 9 (2) As colonists and eventually nonindigenous 10 Americans began to inhabit this area, these new 11 residents sought to ‘‘civilize the Creek Indian’’. In 12 the ensuing decades, the United States continuously 13 and repeatedly attempted to impose, often by force, 14 its customs, economy, religion, and political struc- 15 ture on indigenous groups such as the Creek Nation. 16 (3) One American custom adopted by some 17 Creek Nation citizens was the plantation economy 18 and the reliance on chattel African slavery as a labor 19 force. Along with enslaved Africans who were owned 20 by Creek Nation citizens, there were also Creek Na- 21 tion citizens of African descent and free Blacks 22 openly living as full citizens of the Creek Nation. 23 (4) In the 1830s, citizens of the Creek Nation 24 were forcibly removed from their lands in the south- 25 eastern United States and forced to migrate to In- 26 VerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514 SSpencer on DSKBBXCHB2PROD with BILLS 3 •HR 1514 IH dian Territory (present day Oklahoma) along a route 1 known as the Trail of Tears. Among those persons 2 forced to migrate were— 3 (A) African individuals who were enslaved 4 by citizens of the Creek Nation; 5 (B) Creek Nation citizens of ‘‘African de- 6 scent’’; 7 (C) free ‘‘Africans’’ living as citizens of the 8 Creek Nation; and 9 (D) ‘‘mixed blood’’ Creek Nation citizens 10 now known as the ‘‘Black Creeks’’ or ‘‘Creek 11 Freedmen’’. 12 (5) Citizens of the Creek Nation were removed 13 primarily by their traditional Tribal ‘‘town’’, and it 14 was the town ‘‘Micos’’ or chiefs who kept the Tribal 15 rolls. This allowed Creek Nation citizens who sur- 16 vived the journey to reestablish their traditional 17 towns in Indian Territory. 18 (6) Removal was carried out by the military, 19 and approximately 24,000 Creek Nation citizens 20 were forced to travel to Indian Territory on foot or 21 by riverboats. Due to poor planning, organization, 22 and indifference by the Federal Government, thou- 23 sands of Creek Nation citizens died on the way to 24 VerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514 SSpencer on DSKBBXCHB2PROD with BILLS 4 •HR 1514 IH Indian Territory due to exposure, starvation, and 1 disease. 2 (7) Even after removal to Indian Territory, 3 some Creek Nation citizens continued to hold slaves 4 until the Creek Treaty of 1866 abolished slavery in 5 the Creek Nation. 6 (8) In 1861, a faction of the Creek Nation 7 known as ‘‘Southern Creeks’’ executed a treaty with 8 the Confederate States of America, severing its rela- 9 tions with the United States Government. Members 10 of the Southern Creeks held positions in the Con- 11 gress and military of the Confederate States of 12 America and waged war against the United States 13 during the Civil War. Other Creeks, known as the 14 ‘‘Loyal Creeks’’, who generally resisted cultural as- 15 similation, provided supplies, men, and support for 16 the Union. A contingent of Loyal Creeks, which in- 17 cluded a substantial ‘‘Black’’ Creek component, left 18 their homes in Oklahoma and moved to Kansas to 19 flee Southern Creek soldiers and their Confederate 20 allies. 21 (9) The Battle of Honey Springs was a major 22 battle that occurred in Indian Territory during the 23 Civil War, and Loyal Creeks, including ‘‘Black’’ 24 VerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514 SSpencer on DSKBBXCHB2PROD with BILLS 5 •HR 1514 IH Creeks, valiantly fought against the Confederacy and 1 their allies. 2 (10) In 1865, as the Civil War ended, President 3 Andrew Johnson designated a commission to travel 4 to Fort Smith, Arkansas, to convene a council for 5 the purpose of negotiating a new treaty with the 6 Creek Nation. 7 (11) The members of that commission declared 8 that a treaty with the United States ‘‘must’’ contain 9 certain stipulations, including that ‘‘the institution 10 of slavery, which has existed among several of the 11 Tribes, must be forthwith abolished, and measures 12 taken for the unconditional emancipation of all per- 13 sons held in bondage, and for their incorporation 14 into the Tribes on an equal footing with the original 15 members, or suitably provided for.’’. 16 (12) The Creek Nation’s 5-person delegation in- 17 cluded both leaders of the Loyal Creeks and South- 18 ern Creeks. One of the members of the Loyal Creek 19 delegation was an African Creek named Cow Tom. 20 (13) The Creek Treaty of 1866 negotiations oc- 21 curred between 1865 and 1866, first in Fort Smith, 22 Arkansas, and then in Washington, DC. It was in 23 Washington, DC, where the Treaty was signed and 24 upon the signing of the 1866 Treaty the United 25 VerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514 SSpencer on DSKBBXCHB2PROD with BILLS 6 •HR 1514 IH States reestablished official relations with the Creek 1 Nation. 2 (14) The Creek Treaty of 1866 became the 3 foundational legal document of the Creek Nation 4 and established the Creek Nation as it is known 5 today. 6 (15) The Creek Treaty of 1866 declared that 7 the Black Creeks, also known as ‘‘Creek Freedmen’’, 8 were to be made citizens of the Creek Nation and 9 to have all the rights of other Creeks Citizens. 10 (16) Article II of the Creek Treaty of 1866 pro- 11 vides in pertinent part: 12 ‘‘[I]nasmuch as there are among the Creek 13 many persons of African descent . . . it is stip- 14 ulated that hereafter these persons, lawfully re- 15 siding in said Creek country, under their laws 16 and usages, or who have been thus residing in 17 said country, and may return within one year 18 from the ratification of this treaty, and their 19 descendants and such others of the same race 20 as may be permitted by the laws of said Nation 21 to settle within the limits of the jurisdiction of 22 the Creek Nation as citizens [thereof], shall 23 have and enjoy all the rights and privileges of 24 native citizens, including an equal interest in 25 VerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514 SSpencer on DSKBBXCHB2PROD with BILLS 7 •HR 1514 IH the soil and national funds; and the laws of said 1 Nation shall be equally binding upon and give 2 equal protection to all such persons . . .’’. 3 (17) Virtually identical clauses relating to the 4 citizenship of individuals of African descent within 5 the Seminole and Cherokee Nations were negotiated, 6 agreed upon, and added to the respective Seminole 7 and Cherokee Treaties of 1866. 8 (18) Shortly after executing the Treaty of 9 1866, the Creek Nation reorganized their constitu- 10 tional structure, and in 1867, it created a new and 11 expansive constitution which recognized and af- 12 firmed the full citizenship rights of Black Creeks. 13 (19) The 1867 Constitution did not discrimi- 14 nate against Creeks of African descent, Free Black, 15 or Creek Freedmen citizens of the Creek Nation. 16 (20) In fact, upon ratifying the 1867 Constitu- 17 tion, the Creek Nation reconstituted its 44 tradi- 18 tional ‘‘towns’’ and voluntarily created 3 additional 19 towns (‘‘Freedmen Towns’’) so the Freedmen would 20 have equal representation in the Creek Nation’s Na- 21 tional Council. 22 (21) Also, in 1867, the Creek Nation gathered 23 at the request of Federal Indian Agent J.W. Dunn 24 VerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514 SSpencer on DSKBBXCHB2PROD with BILLS 8 •HR 1514 IH (‘‘Dunn’’) to identify and list the individual mem- 1 bers of the Creek Nation. 2 (22) As a result of that gathering, Dunn com- 3 piled a roll of the Creek Nation’s citizens, which 4 came to be known as the ‘‘Dunn Roll’’. Listed on 5 the Dunn Roll were all of the Creek Nation’s then- 6 gathered citizens, which encompassed Creek Nation 7 citizens with African ancestry, including Native Afri- 8 cans, Free Africans, and newly emancipated, for- 9 merly enslaved Creek Freedmen. 10 (23) Many Creek Nation citizens were forced to 11 leave Creek Nation territory during the Civil War 12 because of the violence or for various other reasons. 13 The Treaty of 1866 gave Creek Nation citizens until 14 July 15, 1867, to return to Creek territory in order 15 to be included on the Dunn Roll. However, Dunn 16 completed his roll 5 months early and sent it to 17 Washington, DC, in February 1867. 18 (24) As a result, the Creek Nation created a 19 Post-Civil War Citizenship Commission to review the 20 applications of people who claimed they were Creek 21 Nation citizens who should have been included on 22 the Dunn Roll. The Creek Nation Post-Civil War 23 Citizenship Commission reviewed several thousand 24 applications, and admitted over 1,700 individuals 25 VerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514 SSpencer on DSKBBXCHB2PROD with BILLS 9 •HR 1514 IH and their descendants between 1867 and 1895. Nu- 1 merous Native Africans, Free Blacks, and newly 2 emancipated Freedmen were among the 1,700 indi- 3 viduals granted full citizenship by the Creek Nation 4 Post-War Citizenship Commission. 5 (25) In the decade after the Treaty of 1866 6 was enacted, individuals of African descent (Native 7 Africans, Free Africans, and formerly enslaved Afri- 8 can/Freedmen) worked with all other Creek Nation 9 citizens to attempt to rebuild the Creek Nation. 10 (26) However, many of the Confederate-aligned 11 Upper/Southern Creeks refused to respect Creek 12 Freedmen citizenship rights. In fact, on October 1, 13 1877, the Upper/Southern actions were rebuked by 14 then Creek Nation Principal Chief Ward Coachman 15 during his address to the Creek National Council: 16 ‘‘. . . [A]nd inasmuch as there are Freed- 17 men among us, whose rights under the treaty of 18 1866, have not by some been recognized, and in 19 consequence thereof have been discouraged, are 20 not improving or advancing as they might do; 21 and the treaty relative thereto being so plain 22 that no one can mistake or misunderstand it. I 23 allude particularly to those known as the 24 McGilvery or McGilbrey Freedmen whom we 25 VerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514 SSpencer on DSKBBXCHB2PROD with BILLS 10 •HR 1514 IH know belonged to our own people, were here 1 within our country when the treaty was made 2 and have remained among us ever since. I 3 would recommend if necessary that some action 4 be had recognizing the rights of all who under 5 the treaty are entitled to citizenship and equal 6 rights and privileges with us.’’. 7 (27) Between 1867 and 1895, the Creek Nation 8 created numerous rolls of its citizens. None of these 9 rolls created by the Creek Nation contained or listed 10 blood quantum, or singled out Creeks of African de- 11 scent, ‘‘Free Black’’ Creek Citizens, or former 12 enslaved Africans who were emancipated and accept- 13 ed as Creek citizens pursuant to the Treaty of 1866. 14 (28) Between 1866 and 1906, Creeks of Afri- 15 can descent were an essential part of the Creek Na- 16 tion community, as evidenced by their service in im- 17 portant and high positions in the Creek Nation’s 18 government and other areas of Creek life. 19 (29) In 1887, Congress passed the Dawes Act 20 of 1887 (‘‘Dawes Act’’). 21 (30) The stated purpose of the Dawes Act was 22 to prepare Indian Territory for statehood. To this 23 end, the Dawes Act authorized the transfer of most 24 VerDate Sep 11 2014 01:50 Apr 03, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1514.IH H1514 SSpencer on DSKBBXCHB2PROD with BILLS 11 •HR 1514 IH of the land owned corporately by the Creek Nation 1 to individual Tribal citizens. 2 (31) After the passing of the Dawes Act, Con- 3 gress created the Dawes Commission in 1893. Con- 4 gress tasked the Dawes Commission with identifying 5 all Creek citizens eligible for land allotment in what 6 would come to be known as the ‘‘Dawes Rolls’’. 7 (32) Congress then passed the Curtis Act of 8 June 28, 1898 (30 Stat. 495) (‘‘Curtis Act’’), direct- 9 ing the Dawes Commission to create 2 lists of citi- 10 zens of the Creek Nation who would be eligible for 11 land allotment, which became the following: 12 (A) The ‘‘Creek Nation Creek Roll’’, which 13 was purportedly composed only of Creek Nation 14 citizens with Creek blood. 15 (B) The ‘‘Creek Nation Freedmen Roll’’, 16 which was purportedly composed only Creek 17 Nation citizens who were formerly enslaved Af- 18 ricans and devoid of any Creek blood. 19 (33) The Dawes Commission, motivated by rac- 20 ism, used race and Creek Nation citizens’ physical 21 appearance to segregate Creeks of African Descent 22 ‘‘Creek Freedmen’’. The ‘‘true’’ Creeks [Text truncated for display. Full text available on Congress.gov.]