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:::'''Support''' - complies with Federal Law, and does not expose Misplaced Pages or its editors to adverse actions for good faith edits of articles on Native Tribes. Also sets a high standard with established principles used by the United States for 200 years. ] 23:09, 8 June 2007 (UTC) | :::'''Support''' - complies with Federal Law, and does not expose Misplaced Pages or its editors to adverse actions for good faith edits of articles on Native Tribes. Also sets a high standard with established principles used by the United States for 200 years. Also does not expose the Wikimedia Foundation to having its non-Profit status pulled by the United States for failing to comply with the law. Additonally, it does not expose the Wikimedia Foundation Board of Directors/Trustees to criminal indictment and jail time for promoting a CCE (Continuing Criminal Enterprise). It also sets appropriate standards for recognition of Tribes which will be supported by the legitimate tribal entiries and governments and increase their confidence in Misplaced Pages as well as the confidence of the general public and the Federal Government in the quality of the project. ] 23:09, 8 June 2007 (UTC) |
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Mediation
As some of you may know, an informal Mediation has been proposed in order try and achieve a satisfactory compromise regarding the Southern Cherokee Nation and its mention at this article, and I've been asked to conduct this effort. It is with this in mind that the input and, if possible, the collaboration of everyone involved is hereby required.
I see some progress has been made in the last days at the discussion that surrounds this article. This is indeed positive, and an excellent way to start this process. However, the concerns that everyone involved have expressed may not be truly solved until we all reach an express agreement. We must also keep in mind that this has special relevance, as it may serve as precedent for multitude of other articles that deal with Native American tribes, groups and personalities.
Since this is not a formal Mediation process, but an attempt to solve the differences that have hindered the search for a solution, I would like to ask everyone interested to briefly summarize their position below, as a first step in order to know exactly where we're standing. I'd like to request that we don't comment on other's opinions at this point, but that we focus on what our own expectations and proposals are. Needless to say that Jeffrey is a necessary part here, but absolutely anyone else who wishes to express something is welcome. Phaedriel - 23:16, 2 June 2007 (UTC)
Summary by interested parties
- Summary by Jeffrey Vernon Merkey: Misplaced Pages is not doing itself or any of these groups a favor who are heritage groups by allowing confusion about who is or is not classfied by the Federal Government as Indians. I would like to share a personal experience of mine to help explain why I feel so strongly about this topic. I was personally involved in Utah Valley with the circumstances surrounding a gentlemen named (named redacted per WP:BLP lets call him blp} who decided to call himself a Seminole/Cherokee medicine man, then setup a drug distribution business selling peyote and was indicted. I spent many days with the DEA and Federal Prosecutors and was also subpoened to testify. I did not volunteer to be involved in this -- blp sued in Federal Court all of the Native American Church leaders in Utah and then tried to use the litigation to witness tamper and extort our compliance -- this brought in the Feds. He also setup a "Reverend Jim Jones" style compound with guns and a stockade. He tried to hire someone to murder James Pritchard, an Eastern Band member who was scheduled to testify against him (which came out in Court). During my time with the Feds, I learned a lot. Falsely claiming to be an Indian or a member of an Indian Tribe violates several Federal Laws, and the United States Attorney can and does prosecute groups making these claims if they stray too far over the line and get involved with peyote, casinos, or any other suspect activity. It can be very serious. They do not go after Heritage Groups or people who are just wanting to practice their culture, but they can go after any group calling themselves "Nation", "Tribe" or "Band" or attempting to claim te benefits of Federal recognition. From what I saw with blp, it can be pretty nasty. 19 1st degree felony counts with a total of 70 years in a Federal Prison. Misplaced Pages does not need to be involved in these controversies, except to report them. Misplaced Pages should also not be misused to misrpresent any of these groups. We need to not be involved in any of these debates. We just need some rules in this area everyone can live with and that do not misrepresent who is who. I have no problem with Heritage Groups being listed. But listing them in articles about Federally Recognized Tribes implies they are affiliated with these groups. One other item about this topic is that groups or individuals claiming to be Indian who cannot be traced to a government roll of indians cannot be verified as being an Indian. The BIA uses over 20 criteria to determine whether or not a group claiming Federal recognition is legitimate. Since these criteria allow approved tribes access to Government funding in the hundreds of millions of dollars for some of these groups, Misplaced Pages should not allow articles on groups claiming to be tribes which use a standard inferior to this one. I am a member of the Cherokee Nation. There are no records in our history of a Southern Cherokee Group migrating to Kentucky. There is evidence of a group of Cherokees migrating to Texas from Oklahoma after the Civil War (*Cherokee by David Fitzgerald and Robert J. Conley; Graphic Arts Center Publishing, 2002 (ISBN 1-55868-603-7)). As I previously stated, this group fails WP:V because there is no way to verify their autheticity. Jeffrey Vernon Merkey 08:44, 3 June 2007 (UTC)
- Side note: JVM inadvertently neglected to mention that the charges against "blp" were dismissed, in case that has any bearing on the rest of his comments. I'm sure we'd all want Misplaced Pages to report such incidents accurately if they're to be reported at all. alanyst 14:23, 3 June 2007 (UTC)
- The charges against blp were dismissed after he agreed to a permanent injunction to cease selling peyote and to stop representing he was an indian unless he could meet the requirements to join a Federally Recognized Tribe.Jeffrey Vernon Merkey 17:49, 3 June 2007 (UTC)
- Side note: JVM inadvertently neglected to mention that the charges against "blp" were dismissed, in case that has any bearing on the rest of his comments. I'm sure we'd all want Misplaced Pages to report such incidents accurately if they're to be reported at all. alanyst 14:23, 3 June 2007 (UTC)
- Summary by Dtobias: The articles, of course, should be entirely accurate; they should not state or imply that any entity has Federal recognition if it does not. However, if a group is referring to itself as a "tribe" or "nation" on different basis, even if not justified by Federal law, then that fact, if sufficiently notable, should be stated in articles (clearly noted that it does not state or imply Federal recognition). The Republic of Texas (group) has a Misplaced Pages article despite not being recognized by any actual country as a genuine republic. *Dan T.* 16:55, 3 June 2007 (UTC)
- Summary by Smmurphy: (Sorry, I had intermittent access for a couple days) I think the ultimate issue is the scope of the page. Is the page about federally recognized Cherokee tribes, people who call themselves Cherokee, people with Cherokee heritage, or something else? Whichever it is, we should be clear about that. In answering the question, we might look at two sources. Many (Garoutte, Russel, et al.) "academic" sources discuss Cherokee with a broader meaning than just federally recognized groups. The US Federal Government does and doesn't. It does in that it counts some 500,000+ people who call themselves Cherokee but aren't in a recognized tribe in its censuses. It doesn't in the way that Mr. Merkey describes. A third source is news articles, but one can use newspapers to support just about any position, so I'll put that aside. Based on the first two perspectives, Mr. Merkey and I have disagreed about how WP:V is applied as an argument for using a broad or narrow definition of Cherokee in this article. I don't advocated the inclusion of the Southern Cherokee Nation in this article per se (notoriety doesn't equal notability after all), but rather the inclusion of issues relevant to people who claim Cherokee Heritage, but are not accepted into a federally recognized tribe. Smmurphy 07:17, 5 June 2007 (UTC)
- Good - I was fearing we had to go on without your input, Smmurphy :) I'll wait a few more hours, maybe a day for more opinions, if someone feels like expressing something new or different. Phaedriel - 07:39, 5 June 2007 (UTC)
- Phaedriel, I, too, would like to offer a very preliminary summary opinion, but it must wait until tomorrow, if that's alright. This is a difficult subject, with strong points on both sides, which I am still weighing in my mind.
- I thank you for taking the time to involve yourself here. You do a great service to the Cherokee people, to the American story and to Misplaced Pages. Proabivouac 07:47, 5 June 2007 (UTC)
- Dear Proabivouac, please, don't mention it - if anything, the will to discuss in a collegial manner that everyone is showing so far is a great service to us all, as editors and members of Misplaced Pages. Please take your time; there's no hurry. I'll wait for you summary before we proceed. Best regards, Phaedriel - 07:51, 6 June 2007 (UTC)
- Good - I was fearing we had to go on without your input, Smmurphy :) I'll wait a few more hours, maybe a day for more opinions, if someone feels like expressing something new or different. Phaedriel - 07:39, 5 June 2007 (UTC)
- Summary by Aaron Walden: The Cherokee Nation welcomes within its brotherhood all who are descended from those on the Cherokee Indian rolls. As I understand it, the Southern Cherokee is an organization which claims to be a sovereign nation descended from the Cherokees who had been affiliated with the Confederacy. The trouble with this claim is they have no such history as a government. The Cherokee Nation continued after the Civil War with those who sided with the Confederacy and those who sided with the Union, and those on all sides, as one nation. I am a member of the Cherokee Nation, and my great great great great grandfather, like many Cherokees at the time, enlisted in Drew's Regiment. As a nation, we can rightly take pride in our southern heritage, and indeed we have a longstanding monument to General Stand Watie at the historic National Courthouse. As for whether the Southern Cherokee group of today ought to be covered in this article, I believe they rightly ought to be covered in a separate article, with a link from this page, in the links section. --Aaron Walden 16:50, 6 June 2007 (UTC)
- Summary by Proabivouac. Is "Cherokee" a country, a culture, or a genetic background? A look at France and French People guides my thoughts on this matter. The second article is interesting, but hardly as weighty as the first. The second is the appropriate place for hand-wringing about what it means to be French. The first is the place to discuss this very active, dynamic and relevant place where most Frenchmen live called France.
- I also note Navajo nation and Navajo people (though, per France, I am not clear that these articles deserve equal status - it appears to be an artifact of the disambiguation page). The Cherokee nation, like Navajo but unlike most other American groups, is hundreds of thousands strong (about equal to the Navajo,) not a relic of the past and not an anthropological curiosity. (No offense to Comanches, who are neither extinct nor negligible, is intended - we can think of many more who today have no practical existence as political - or even demographic - entities, outside of the anthropological literature.) Proabivouac
- Continued below at Proposals by Proabivouac
Proposed solutions
After leaving the first stage of this debate open for around a week in order to give sufficient time to everyone interested to make a short summary of their positions, it's clear where we're all standing. So I suggest we proceed on to a second stage of proposed solutions and compromises, which has already began today. I've taken the liberty to close the first section, and I request that we please don't add to it; I've also moved part of it below to comment on the suggestion made by Proabivouac.
The proposed solutions are not a vote. We're trying to determine the best possible compromise in terms of satisfying everyone's concerns while keeping in tune with the goal of aiming for the best interests of encyclopedic quality. We'll keep this open for several days and I request that we please analyze every suggestion with these objectives in mind.
A short reminder to everybody: please, keep your cool. We now enter the potentially most heated part of this mediation attempt. I'm personally proud of all of you so far, and the polite, concise and sensible way in which you're carrying this discussion. Let's keep it like this, folks.Phaedriel - 20:46, 8 June 2007 (UTC)
Proposals by Proabivouac
Very tentatively, I propose a hard redirect from Cherokee to Cherokee Nation (currently, Cherokee Nation hard redirects to Cherokee), with Cherokee people reachable from the main article, Cherokee Nation. Cherokee heritage groups strikes me as too dismissive. We can privilege the Cherokee Nation with the hard redirect from Cherokee; I can see no need to second-guess Cherokee descendants (at least some are) with article titles which suggest a league of weekend hobbyists (though this may be accurate in some or many cases.) I might change my mind as more facts become apparent to me. How much weight to accord Southern Cherokee claims in the Cherokee Nation article? I agree that it deserves mention, but cannot see that it deserves much space. Imagine that a relatively small group (so this is, yes?) of Frenchmen were claiming to be part of France, or to rightly be a sort of second France (e.g. Quebec). How much weight would this merit on France? Not too much. On French People, it is quite relevant. This article, which again should be named Cherokee Nation, must not appear to - and shouldn't need to - argue against the Southern Cherokee (or any analogous) claims. It is not true that the United States government can make anyone a Cherokee or not a Cherokee (though the existence of these distinctions is notable, and warrant mention.) What is true is that the Cherokee Nation is more significant than a relatively small number of people claiming Cherokee ethnicity or who happen to be of Cherokee descent (of course many millions can claim at least some Cherokee blood), and we can show this through overall organization rather than in-text argument. Proabivouac 10:25, 8 June 2007 (UTC)
- Agree. I too believe that there should be separate articles on Cherokee Nation and Cherokee People.--Aaron Walden 11:44, 8 June 2007 (UTC)
- Agree. In response, the article can split into two: The Cherokee Nation as a federally recognized tribe, and Cherokee people as an ethnocultural entity. I proposed a new article on Cherokee-Americans, a growing self-label for Cherokee descendants who felt they became a people apart from the tribe and an ethnicity of its' own after detribalization, dispersal and relocation in the late 19th and 20th centuries. The majority of them not recognized as tribal members live in California, the Western and Midwest states, but there are fairly large concentrations in Texas and the Southeast.+ Mike D 26 13:03, 8 June 2007 (UTC)
- Agree. In my wildest dreams, I have had a similar idea. I ask myself, "Is being Cherokee like being German, or is it like being Jewish." What I mean is, should the article draw which set of parallels: Germany <-> Cherokee, or Jew <-> Cherokee, Israel <-> Cherokee Nation, Who is a Jew? <-> Cherokee identity, Ten Lost Tribes <-> Southern Cherokee Nation, History of Jews in Poland <-> History of Cherokee in Kentucky, etc. I haven't made too big of a deal about this, because both tracks are painful for someone, and because I don't know enough about the subject to know if this is really a good idea or not. But given the new French Connection, I thought I can go ahead and present my idea. Smmurphy 15:51, 8 June 2007 (UTC)
- Disagree. This is a bad idea. It is a violation of Federal Law for someone to misrepresent they are an indian. In answer to the previous question, Cherokee is a Political Nation, not a racial class, and not a social club. I can see no matter how much discussion there is on this topic, people just fail to get it. I will explain this one last time. 1) Indian Nations are sovereign governments, not racial clubs 2) Federal Law makes it a crime to post false information about tribes and claiming to be a member of one when you are not (like someone claiming they are Cherokee when they are not enrolled) 3) Any of these tribes through the US Attorneys Office can force Misplaced Pages to take information down if its used to violate the law 4) If these people are not listed in Indian Rolls, there is no way to verify they are Cherokee 5) Heritage Groups articles are a nice compromise, however, we do not have to allow them, I just suggested it. In fact, none of them can be verified as being Cherokee unless they are enrolled. 6) I disagree with any characterization of Cherokee identify as a racial distinction, as it is poltical and always has been. 7) Not verifiable on Indian Rolls means it does not belong on Misplaced Pages. Fails WP:V. There are some areas where editorial concensus doesn't fly. Are we allowed to post kiddie-porn in Misplaced Pages? No. Why? Because editorial concensus does not apply in that case because its illegal. Falsely accrediting groups claiming to be Indians involves similar issues. No amount of editorial concensus changes this. It has been argued that WP:V resolves this issue since non-members cannot be verified as being Indians. I agree, for the reasons stated. Jeffrey Vernon Merkey 16:56, 8 June 2007 (UTC)
- Jeffrey, Putting aside the legal questions (which anyhow are better dealt with by the Office): Since (obviously) Indians existed before the United States of America was around to recognize them, federal law cannot in theory be the basis for being an Indian. Surely you will grant me that. The question I have is whether there is any practical distinction between membership in a federal recognized nation and Indian ethnicity: Is it, in fact, the case that there are no individuals in the United States who are culturally Indian - speaking an American language, for example - who are not also members of recognized tribes?
- For those on the other side of this debate, I ask: what, if any, academic sources do we have that verify the existence of Cherokee who are not members of the Cherokee Nation? Can we list them here?Proabivouac 21:12, 8 June 2007
- There is no way to verify someone is an indian unless they can be traced from ancestors on an Indian Roll. If they can be traced from these rolls, then they also qualify for membership in the Cherokee Nation. Groups cannot be verified as tribes unless they meet certain criteria (which includes have traceable ancestry to these same indian rolls). For the sake of argument, let's say I were to agree with you on Cherokee Nation and Cherokee People (which I do not, just for the sake or argument). Fine. Now how do we verify this group are indians are if they are a fake Kippendorf's Tribe. Which rolls do I go to to trace them? What historical records do we refer to? It's a slippery slope, and not one we should be on. If they are not tribal members they are not indians. We can argue, debate, and wikiality ourselves into a corner -- it does not matter. You cannot prove they are, and the Federal Government says they are not. It does not matter how many professors support the wannabee concept with books, journals, and crazy theories. Misplaced Pages has no authority to recognize groups as Cherokee or any other tribe. I am tired of debating what should be obvious here. Jeffrey Vernon Merkey 23:05, 8 June 2007 (UTC)
- This was discussed when I brought in the "Cherokee Identity" section. The main sources were:
- Garroutte, Eva Marie. Real Indians: identity and the survival of Native America. University of California Press, 2003 - About this issue exactly
- Morello, Carol. "Native American Roots, Once Hidden, Now Embraced". Washington Post, April 7, 2001 - about people reclaiming thei roots (not academic)
- Pierpoint, Mary. Unrecognized Cherokee claims cause problems for nation. Indian Country Today. August 16, 2000 (Accessed May 16, 2007) - About the problems this has caused (not academic)
- Russell, Steve. "Review of Real Indians: Identity and the Survival of Native America" PoLAR: Political and Legal Anthropology Review. May 2004, Vol. 27, No. 1, pp. 147-153
- Thornton, Russell. The Cherokees: A Population History. University of Nebraska Pres, 1992 - Possibly the most controversial statement possible comes from here, "common to all Cherokees is an identity as Cherokee... identified themselves as Cherokee. So they are."
- Also, Perdue, T. "Clan and Court: Another Look at the Early Cherokee Republic." American Indian Quarterly. Vol. 24, 4, 2000, p. 562 talks a little bit about the historic question of how Cherokee have identified themselves politically, and
- and Christensen, P.G., Minority Interaction in John Rollin Ridge's The Life and Adventures of Joaquin Murieta MELUS, Vol. 17, No. 2, Before the Centennial. (Summer, 1991 - Summer, 1992), pp. 61-72 talks a little about historic (failed) attempts to gain federal recognition by other groups. The Southern Cherokee that Christenson talks about may not be the same as the Souther Cherokee Nation today (I have a suspicion that todays iteration has perhaps adopted Ridge, but I don't know).
- The fullest form of my presentation on the issue is in the May 30th version of the article, here, much of which has since been removed or put into the Cherokee Heritage Groups article. Smmurphy 22:28, 8 June 2007 (UTC)
- Does Garoutte at any point state that these claimants actually are Cherokees? From this alone, there I can't see anyone stating that there are other Cherokee out there, except this Thorton's statement which appears to say that anyone who identifies themselves as a Cherokee is one. Is that really his position?
- Apologies, Phaedriel, if I'm messing up this mediation process; refactor at will.Proabivouac 22:46, 8 June 2007 (UTC)
- This was discussed when I brought in the "Cherokee Identity" section. The main sources were:
Proposals by User:Jeffrey Vernon Merkey
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The Congress of the United States, The Federal Courts, and State Courts have repeatedly upheld this sovereignty of Native Tribes and define their relationship in political rather than racial terms, and have stated such as a compelling interest of the United States. Federal prosecutors have asserted fraudulently claiming to be a member of an American Indian tribe violates Federal law.
- http://www.nativeamericanchurch.net/stott.html
- http://findarticles.com/p/articles/mi_qn4188/is_20061211/ai_n16904730
See also
- Misplaced Pages:Verifiability: This policy describes the reasons and the need to attribute material to reliable published sources.
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- Support - complies with Federal Law, and does not expose Misplaced Pages or its editors to adverse actions for good faith edits of articles on Native Tribes. Also sets a high standard with established principles used by the United States for 200 years. Also does not expose the Wikimedia Foundation to having its non-Profit status pulled by the United States for failing to comply with the law. Additonally, it does not expose the Wikimedia Foundation Board of Directors/Trustees to criminal indictment and jail time for promoting a CCE (Continuing Criminal Enterprise). It also sets appropriate standards for recognition of Tribes which will be supported by the legitimate tribal entiries and governments and increase their confidence in Misplaced Pages as well as the confidence of the general public and the Federal Government in the quality of the project. Jeffrey Vernon Merkey 23:09, 8 June 2007 (UTC)
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