"Be it enacted by the General Assembly of the Texas Cherokees"
128th General Assembly
54th Thompson Reunion Committee
An Act for the Restructuring of the Texas Cherokees & Associate Bands
Texas Cherokee Act of 1999
02-61299
Purpose:
To preserve, protect and foster growth and stability of the Texas Cherokees and Associate Bands. Said Texas Cherokees and Associate Bands, the surviving legitimate historical Cherokee organization in the state of Texas, having represented the Texas Cherokees officially since 1871, now stand at the door of collapse. This Act stands as an effort of the Choctaw and Chickasaw families associated with the Mt. Tabor community in conjunction with the Pine Hill Cherokee descendants to salvage the TCAB.
Section 1. History
The Chickasaw-Choctaw Indians, who have been in a leadership position among the TCAB since 1989, have repeatedly attempted to get the Cherokee descendants of the Mt. Tabor community active in pursuit of federal status and reactivation of litigation for treaty rights. Recent efforts have also failed, forcing the Choctaw-Chickasaw Indians to separate from the TCAB of whom they have been an associate band since 1836.
Section 2. Proposal
The General Assembly of the Texas Cherokees now dominated by the Choctaw-Chickasaw Indians rather than Cherokee Indians hereby authorize the Pine Hill Community of Cherokee Indians, the descendants of Texas Cherokee Chiefs Duwali and Gutanwali, to take majority control of the TCAB for the purposes of governmental structure. The General Assembly further recognizes Ms. Marilyn Dunn-Jenkins a direct descendant of Gutanwali, as the leader of the Pine Hill Community and by such, leader of the Texas Cherokees and Associate Bands. By virtue of such, if she so accepts, Ms. Jenkins, will be recognized by the General Assembly as Chairperson of the TCAB in accordance with the 1998 constitution and by-laws of the Texas Cherokees and Associate Bands. The Thompson-McCoy Chickasaw & Choctaw Descendants Association, (Texas Choctaws) to begin the change over of leadership will grant her all such assistance as necessary.
Sub-Section a. Reason for change
As stated, the Choctaw-Chickasaw descendants of the Thompson, McCoy, Jackson, Jones, Frazier, Doak and other families are not of Cherokee Indian descent. Although there are blood ties between the Choctaw-Chickasaw Thompson's and the Cherokee Thompson's of Mt. Tabor, there is no justification for non-Cherokees to be in leadership positions of a Cherokee organization. Such a split has been actively pursued since 1995; however, recent events within the TCAB make the move imperative at this point. Such a move will in the long run benefit both groups. To facilitate this, the General Assembly wishes for only legitimate Cherokees to be in control of the TCAB, with few Mt. Tabor community descendants involved, the General Assembly which recognized the Pine Hill community in 1998 as a part of the TCAB, wishes for them to take their rightful place. Additionally, Mr. Hollis Cheek, a Cherokee descendant whose family originated in Smith County, Texas, but whose family was not a part of the Mt. Tabor and/or Pine Hill Communities, is recognized as a member of the TCAB pursuant to Article II, Section 5 of the 1998 TCAB Constitution. He is further recognized as Co-Chairperson on the Executive Committee, if he chooses to accept. Therefore, pursuant to the constitution, Ms. Jenkins as Chairperson, may fill any additional vacant positions within the Executive Committee by legitimate Mt. Tabor/Pine Hill Cherokee families, until those can be voted on next year in an all Cherokee General Assembly (Article V, Section 3 1998 TCAB Constitution.)
Sub-Section b. Acceptance
The General Assembly accepts the resignations of Ms. Terry Thompson-Easterly as Chairperson (a Choctaw-Chickasaw Indian) of the TCAB, and Ms. Martha Lou Potts, Acting Co-Chairperson (a Cherokee Indian) of the TCAB. Mr. Wendell W. Potts, Chairman (a Cherokee Indian) of the TCAB resigned verbally in September of 1998 to Ms, Easterly. The General Assembly accepts his formal letter of resignation. To all of these individuals, we say thank you for your service to the TCAB.
Sub-Section c. Admission of other groups
The General Assembly by this Act forbids the merger of non-legitimate, historical Cherokees groups with the TCAB. Further by this Act no more than 10% of the TCAB membership can be from non-Mt. Tabor/Pine Hill community descendants.
Sub-Section d. Decline to acknowledge
By this Act the General Assembly declines to acknowledge Ms. Linda Deermoon Turner as a member of the TCAB or member of the Executive Committee. The General Assembly does not act to pass judgement on the legitimacy of Ms. Turner's claim of Cherokee ancestry, but only that Ms. Turner failed to submit an application for membership to the Acknowledgment and Claims Project. She therefore, cannot be considered for membership by this body and by her own admission does not qualify as a lineal descendant of a Cherokee, Choctaw or Chickasaw Indian listed in the enrollment ordinance of 1998. She may submit an application for consideration by the 129th General Assembly.
Sub-Section e. Continuation of Policies
The General Assembly by this Act seeks to maintain the mandates of 1925 & 1990. It further continues to recognize Saunders Gregg as Chief Justice of the Texas Cherokees. Additionally, all Choctaw-Chickasaw Indians who also possess Cherokee ancestry may maintain dual enrollment with the TCAB and the Choctaw-Chickasaws if they so wish.
Sub-Section f. Mt. Tabor Indian Cemetery
By virtue of this Act the General Assembly recognizes the Mt. Tabor Cemetery as a joint Cherokee/Choctaw project, due to Cherokee and Choctaw Indians being buried there. The General Assembly recognizes Ms. Darla Hair as project coordinator of the effort to gain and restore the property. All effort to acquire the property will be pursued by both groups.
Sub-Section g. Other properties
The Asbury Cemetery is recognized by this Act as a Choctaw-Chickasaw Cemetery, although some Cherokees (including George Harnage) are buried there. The Thompson Cemetery is recognized as a Cherokee cemetery. The band will not attempt to purchase either of these properties unless their conditions deteriorate and/or the Thompson cemetery falls out of family control.
Section 3. Effective Date
This Act will become effective on July 1, 1999 and upon acceptance by Ms, Jenkins as Chairperson of the TCAB. All documents related to TCAB activities, which do not pertain to Choctaw operations, shall become property of the TCAB as represented by Ms. Jenkins.
So approved by unanimous consent June 12, 1999
Texas Band of Choctaw Indians
© 2001 Thompson-Choctaw Indian Descendants Association, Inc. All Rights Reserved
