A nearly 200-year-old unfulfilled treaty sparks student support for Cherokee Nation | April 28, 2023 | Palo Alto Weekly | Palo Alto Online |

Palo Alto Weekly

News - April 28, 2023

A nearly 200-year-old unfulfilled treaty sparks student support for Cherokee Nation

Paly students unveil mural to advocate for Cherokee Nation to have a congressional delegate

by Zoe Morgan

More than a year in the making, students at Palo Alto High School unveiled a mural this week that they created to raise awareness about the Cherokee Nation's fight to have a delegate seated in the United States Congress.

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Comments

Posted by Silver Linings
a resident of Another Palo Alto neighborhood
on Apr 28, 2023 at 9:08 am

Silver Linings is a registered user.

“The 1835 Treaty of New Echota, which led to the Trail of Tears, provided for the Cherokee to have a congressional delegate. In the nearly two centuries since the treaty was signed, no delegate has ever been seated in Congress. “

Wow. Just wow. Both the work of art and the above fact. I think of myself as pretty civically informed but I did not know this.

To the students: My question is—given the treaty, why hasn’t a Cherokee Nation delegate been seated in all this time? (I don’t mean generally, as in racism, but specifically in terms of, who and what decided and had the power to?) What or who is preventing the treaty from being honored now? Where are the levers to force the US government to honor its treaty? Is it a lawsuit in federal court? An appeal to the executive branch? Is it a vote in the House, i.e., pragmatically about party majorities, i.e., getting out the vote? And if successful, how many representatives would be rightfully seated today, all these years later?

Another relevant topic to research has come up lately: why is the House of Representatives 435 seats and is it Constitutional when it means some states’ Representatives represent far more constituents than others? Doesn’t that thwart the whole intent of the House in the Constitution, and unconstitutionally give populous states like California less representation in the House than the Constitution intended?
Web Link

The next question after answering those is, where are the levers to make the right thing happen? That’s not a rhetorical question. Things are fundamentally different in our society now than in the ‘60s in regards to the power of protest alone. This artwork is incredible for its power to inform. Now where are the levers and how to push them to make the right thing reality?


Posted by MyFeelz
a resident of another community
on Apr 28, 2023 at 3:10 pm

MyFeelz is a registered user.

A lot of provocative questions, @SilverLinings. Since 1778, the US has broken over 500 treaties with the indigenous people. There was more than one "Trail of Tears" because the new US government wanted ALL of what is now the United States. A good free documentary on the treaties which were merely tools to annihilate natives is "The Canary Effect". Web Link

The newly formed government of the US knew if they (white settlers) were going to try to be a truly United States, they had to acquire all the land whether by deceit or murder. They did both. They drove the young, weak and feeble across forced marches with no mercy. Those who couldn't keep up either died or were murdered.

Meanwhile, for those natives who resisted, a bounty was offered by the US government. Separate prices for women, men, and children's scalps.

The five civilized tribes who signed the Dawes Rolls in Oklahoma were guaranteed allotments of land. My mother had an uncle who married a Choctaw woman who had a 4 year old son. After 'helping' her fill out the rolls, he killed her and took her allotment. He abandoned the boy who by rights should have inherited it if only she hadn't married a mercenary. Now, in every ancestral note, his bio reads that he was a Choctaw Chief. This is how lies are created to excuse crimes, and grow to mythic proportions.

Also, I have no idea why we want to prevent "Mexican" immigrants from getting in. It was their land first, but like every other tribe, they were forced to move to a reservation which happened to be Mexico.

I applaud these kids for asking the right questions and publicizing the truths they discovered. They are the future. If anyone can demand treaties be honored, it's these students.


Posted by Mondoman
a resident of Green Acres
on Apr 28, 2023 at 7:54 pm

Mondoman is a registered user.

@Silver Linings
The House districts are re-apportioned every decade based on the Census to have roughly equal population per district. Aside from the few smallest-population states (which teeter between 1 and 2 Representatives), that results in districts with population counts within roughly 20% of each other, which seems as equal as one could practically get given state and city boundaries.


Posted by MyFeelz
a resident of another community
on Apr 29, 2023 at 12:45 am

MyFeelz is a registered user.

I forgot to mention that yesterday, I heard the Sundown Siren in Minden, Nevada. For over 100 years, that siren is supposed to remind Natives to leave town before sundown. In 2007 they tried to legislate a retroactive ordinance saying that it was really just to honor first responders. But everybody knows what it really is -- a subtle way of saying "we capitalize on the local tribes but really, we don't want them around." Hearing that siren in the 21st century was really a kick in the head.


Posted by Silver Linings
a resident of Another Palo Alto neighborhood
on Apr 29, 2023 at 1:04 am

Silver Linings is a registered user.

@Mondoman,
That's what I learned in civics, too. But take a look at the article I linked to. When in 1929 the size of the House was arbitrarily capped at 435, that was more or less true. But today, if you live in Montana or Rhode Island, for example, you get one representative per 500,000 constituents, and in California, it's only one per 755,000 constituents. That's not a 20% spread. CA representatives represent 55% more constituents than RI representatives; put another way, everyone in California is not getting the equal population-based representation promised in the Constitution.

@MyFeelz
Thank you for sharing that. I hope our youth are given the latitude (and time) to make a difference, and to truly understand how much power they have to change things.


Posted by Mondoman
a resident of Green Acres
on Apr 29, 2023 at 8:54 am

Mondoman is a registered user.

@Silver Linings
As I noted, the few smallest population states that teeter between 1 or 2 Representatives (you mention RI and Montana) are outside the roughly 20% range. It seems "good enough for government work" :) (unless we want to massively redraw state boundaries of course; they did apparently do that to create Maine and Vermont iirc)

It's not that California is getting significantly less than it should at 1 Rep/704000 residents in 2012-2020 (because its population is so big, one Rep more or less would make no real difference), it's that RI, Montana, Alaska etc get up to 50% more or less than they "should" because you have to round them off to a whole number of Reps (1 or 2).

BTW the article in your link is behind a paywall, but I found this useful site with data:
Web Link


Posted by Mondoman
a resident of Green Acres
on Apr 29, 2023 at 9:06 am

Mondoman is a registered user.

PS - working with the 2012-2020 data from the site in my link, only 4 states are outside +/- 20% of the median population per House seat: Montana and Delaware (with "too few" seats) and Wyoming and Rhode Island (with "too many" seats). I'm OK with that.


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