This message is being sent to all Osage People, to those in the free press that might assist us, and to our representatives in Washington.
On September 19, 1997, Ada E. Deer, Assistant Secretary -Indian Affairs sent the following facsimile to the Honorable George E. Tallchief, President of the Osage Nation of Oklahoma. With a stroke of a "pen" the Osage Nation was written off the books as an entity of the OsagePeople. Over 13,000 Osages were denied the right to vote or have a say in their government. Since 1994 they have had this right. Can an Indian Tribe that had these rights be denied them by the stroke of a pen. Yes, they can..... and so can other Indian Tribes!!! You can wait and see if it happens to your tribe or you can join in an effort to stop this from happening to your tribe. The United States Government has broken every treaty that they have ever made with an Indian tribe. And now they are slowly but surely in the process of "cutting their budget" by removing those "extra expenses" that they were obligated to carry out in their trust responsibility to those Indian tribes.
Read on and listen carefully to what your ears hear and your eyes see as to what is "written on the walls of history". It is not good for us, the Indian people that have tried for centuries to get along with the white man and has looked to the Great White Father in Washington and believed what has been told us. It is over for the Osage Nation..... will it be over for you also?
The Osage Indian is not dead...... nor will they ever die. They will live on, but their right as an individual to vote and have a say in their government has stopped for this moment in time. They will be back. Presently only those who have inherited a share in the mineral estate can vote.... less than 4,000. The other larger group of over 13,000 have been annihilated, removed from having a say in how things should be run. The Osage Tribal Council, who, according to the 1906 Act of Congress[not a treaty or constitution of an Indian tribe] are to handle "ONLY" the administering of the "Minerals Estate" are now wanting to administer all of the Federal Programs that the Osage Nation established and tripled the income of in the past three(3) years.
Another thing that most do not want to believe is, that when the LAST of the Original Allottees dies, the trust responsibility of the government CEASES!!! Read it in the 1906 Allottment Act. It says, "... and the said roll as above provided, after the revision and approval of the Secretary of the Interior, as herein provided, SHALL CONSTITUTE THE APPROVED ROLL OF SAID TRIBE:and the action of the Secretary of the Interior in the revision of the roll as herein provided SHALL BE FINAL". COULD IT BE ANY PLAINER? Under the Osage Nation Government, we wrote, passed into Law, and established a membership roll. NOW, there is no membership roll...... wiped away by the stroke of a pen. Under the 1906 Act a new membership roll cannot be established. Only under the new Constitutional form of government could this be acomplished..... and it was.
The title of the 1906 Act is, "An Act For The Division Of The Lands And Funds Of The Osage Indians In Oklahoma Territory". This Act directly ties the ownership of property, through the shareholder process, to the right to vote. And for the most part this can only come about when a relative dies. As a citizen of the United States of America are you required to own property before you can vote. No you are not. So is this process established under the 1906 Act, by the way which was written by Congress, a true process that enables a person to have the right to vote? We, the Osage, are the only tribe of Indians that have had an Act of Congress written for them to establish an allotment of land and distribution of funds. In 1881 we had a constitutional government for our People. This constitution was the basis for the 1994 Constitution. It was good enough for us prior to 1906, shouldn't it be good enough for us today? Should not we vote it back in?
Another quote from the same Act enforces what was stated above on what the AUTHORITY of the tribal council is......" This act provided for the SELECTION and DIVISION of the land, in the OSAGE NATION [wait a minute, isn't that the name of the government voted in by 66% of the Osage People and established a constitution] to the INDIVIDUAL MEMBERS OF THE ENROLLED Osage tribe. Including the reservation of the MINERALS, for the tribe as a whole". IT DOES NOT SAY, ANYWHERE in the 1906 that the tribal council can carry out any other duties. So what they are attempting to do HAS NO BASIS UNDER THIS ACT.
The OSAGE NATION needs your help. It must be in writing and sent to
me as soon as possible. This way you need not send out many letters to
members of the Osage Nation government. I will make copies of them and bring
them to the next meeting of the Osage National Council. When you receive
this correspondence, contact ten (10) other members of the Osage Nation and
ask them to contact ten more members. In this way we can get the word out
faster and at less expense to each individual member of the Osage Nation.
REMEMBER, a government is not a few members of the Executive, Legislative,
or Judicial Branches, it is the PEOPLE. You are the Osage People. If you
want your
children, grandchildren and their children to have a VOTE and a SAY in OUR
government, IT IS UP TO YOU. I can't do it by myself. The other members of
the Osage Nation government can not do it by themselves. ONLY you can make
the difference. Please join with us to save our OSAGE PEOPLE. As individual
members we stand alone. You are the only ones who can make a difference. If
the government fails, the people as a Nation falls. I don't want this, do
you?
Send this message loud and clear to our People. Send it you our
representatives in Washington. If you need addresses, contact me and I will
furnish them to you. Most of you I have already sent this information.
What else can I say. Time is of the utmost importance. Now is the
time... tomorrow may be to late. Your prayers and assistance is needed now.
Thank you,
Raymond A. Theis, II
Second Speaker
Osage National Council
2640 Evergreen Drive
Bartlesville OK 74006-4702Phone/FAX: (918) 333-4073
E-mail address: RATheis2@aol.com
United States Department of the Interior
OFFICE OF THE SECRETARY
Washington, D.C. 20240
September 19, 1997
Honorable George Tallchief
Chairman, Osage Nation of Oklahoma
Post Office Box 53
Pawhuska, Oklahoma 74056
Dear Chairman Tall Chief:
This office has been informed that the mandate has been issued by the Tenth
Circuit Court of Appeals in Fletcher v. United States, No. 95-5208 (10th
Cir.dec. June 10, 1997, reh. den. August 18, 1997), thus making the June 10,
1997,decision by the Tenth Circuit court immediately effective.That decision
held that the work of the Osage Commission, which culminated in the 1994
Constitution, and the ratification of the 1994 Constitution was void. As you
are no doubt aware, by order dated October 28, 1993, the federal court
required this office to review the draft constitution to determine if any
provision was contrary to federal law.
By letter dated November 5, 1993, we advised the Federal District Court
that the draft constitution was in compliance with federal law and also that
the Osage Commission would be permitted to conduct a referendum on the
adoption of theconstitution. Thereafter, my approval of the ratified
constitution on June 1, 1994, was in furtherance of the Federal District
Court's process.
It is now clear from the ruling of the Tenth Circuit Court of Appeals
that the constitutional process was contrary to federal law and that this
office must take actions to restore the government established by the 1906
Act "by striking down the inconsistent form created by the 1994
Constitution." Thus, as of this date the Bureau of Indian Affairs is
constrained from recognizing the Osage Nation as established by the 1994
Constitution, and my approval of the 1994 Constitution is rescinded. Please
be advised that this office formally recognizes the Osage Tribal Council as
the governing body of the Osage Tribe.
We are concerned that contracts entered into with the Osage National
Council for the operation of federal programs be terminated in such manner
so as not to interrupt services to individual members of the Osage Tribe.
Therefore, the Area Director, Muskogee Area Office, Bureau of Indian
Affairs, is directed to work with the Osage National Council and the Osage
Tribal Council to insure the orderly contracting of programs pursuant to
Self-determination and Education Assistance Act, referred to as Pub. L.
93-638.
Sincerely,
Ada E. Deer
Assistant Secretary - Indian Affairs