The Mudcat Café TM
Thread #99545   Message #1988642
Posted By: JohnInKansas
06-Mar-07 - 04:50 PM
Thread Name: BS: Cherokee Vote on Freedmen
Subject: RE: BS: Cherokee Vote on Freedmen
Q, et. al.

In many states, the Tribes are about the only ones who can get permission to operate a casino or much of any other gambling. The majority of states have pretty strong laws, if not constitutional clauses, with prohibitions against gambling in general. Although few of the legislators seem to know it, their ability to exempt the tribes and allow them to be exceptions to the law ultimately is derived from the fact of them "being a foreign nation" and on the concept that a "consular property" can apply the laws of the foreign nation and can be exempt from most local ones.

The casinos can be, and often are, "owned" by individuals or small groups of tribesmen, but the "treaty" allows them to operate under "diplomatic protection," much like the caterer at the embassy (conceptually). It's academic in many cases anyway, since many of them hire "Las Vegas mobsters Managers" to actually run them, or create their own "management mobs cartels."

Item 2 above perhaps ignores that at least some of the Freedmen, at the time of the old treaty, considered themselves part of the tribe; and the treaty did reflect that, although it also reflected the Dawes belief that "black is different."

As to the oil rights and profits, apparently a purpose of the Dawes actions was to make individual tribe members the owners of individual parcels of land rather than having the land owned by the tribes at large, in order that the land could be sold (or stolen) a piece at a time. (Some accounts say that individual tribal leaders did a lot of the "stealing" from Freedmen.)

In some cases at least, the oil rights are leased from the individual land owners, and payments to the tribe in general are just a "tax for the zoning permit" - a common feature of "white man's law" in lots of places. If the land ownership isn't in question, it doesn't matter much whether the tribe accepts the owner, although there's often a pretty heavy "tax" to be distributed.

John