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Jimmie D. Oyler, Principal Chief
United Tribe of Shawnee Indians
P.O. Box 637
Shawnee Reserve 206
De Soto, Kansas 66018
E-Mail [email protected]
January 16, 1996
The Honorable Bill Graves,
State Capitol, 2nd. Floor
Topeka, Ks 66612
Certified mail Number Z 064 057 438.
Dear Governor Graves:
Attached you will find a copy of Motions with Demand and Warning to you, the Secretary of Revenue and the BOTA.
The State of Kansas and all political subdivisions thereof to include your office, your politically appointed Department of Revenue and your politically appointed Board of Tax Appeals (BOTA) has one of two choices. War or Peace with the United Tribe of Shawnee Indians.
All concerned "shall" comply with the mandatory command of the word "shall" as contained the United States Constitution, United States Treaties with the Shawnee and others and the Kansas Acts.
No longer will the State of Kansas and political subdivisions thereof harm the Shawnee Indian men, women and children of the United Tribe of Shawnee Indians in any way, shape or form by violating the Constitution, numerous United States Treaties with the Shawnee and others or the Kansas Acts.
A copy of this letter will be sent to the President of the United States and others.
I will meet with you at any public location, where the press is present, if you select peace and state you will comply with the Constitution, United States Treaties with the Shawnee and others and the Kansas Acts.
The choice is up to you Governor Graves, what shall your answer be? Peace or war?
/S/ Jimmie D. Oyler
BEFORE THE BOARD OF TAX APPEALS OF THE STATE OF KANSAS (BOTA)
Shawnee Indian Jimmie D. Oyler )
for himself and other tribal )
members of the United Tribe of )
Shawnee Indians, ) In the matter of the
) Appeal of taxes imposed
v. ) on Shawnee Indian Jimmie
) D. Oyler by the Dir of Taxation
Kansas Department of Revenue. )
___________________________________) Docket No. 93-9368-DT
MOTION FOR RECONSIDERATION OF THE BOTA'S DECISION DATED 10 JANUARY, 1996, BECAUSE THE DECISION OF THE BOTA TO TAX SHAWNEE INDIANS WITHIN SHAWNEE INDIAN COUNTRY IS UNLAWFUL AND VIOLATES THE U.S. CONSTITUTION, UNITED STATES TREATIES WITH THE SHAWNEE AND OTHERS AND THE KANSAS ACTS, AND
MOTION THE GOVERNOR, THE SECRETARY OF REVENUE AND THE BOTA SHOW EVIDENCE AND AUTHENTICATION THAT THE CONGRESS HAS GRANTED KANSAS CIVIL JURISDICTION (TAX AND REGULATION) AUTHORITY OVER SHAWNEE INDIAN'S WHO ARE TRIBAL MEMBERS OF THE UNITED TRIBE OF SHAWNEE INDIANS WITHIN SHAWNEE INDIAN COUNTRY, AND
DEMAND WITH WARNING TO THE GOVERNOR, SECRETARY OF REVENUE AND THE BOTA FOR RETURN OF INDIAN PROPERTY, COST FOR LEGAL FEES AND LOST INCOME.
A copy of the above listed Motions and Demand with Warning to the Governor, Secretary of Revenue and the BOTA, all of the State of Kansas, will be forwarded to the following:
President of the United States, Senate Majority Leader, Speaker of the House, the Assistant Secretary for Indian Affairs and numerous Newspapers, TV stations and others by regular mail and E-Mail.
On January 23, 1990, the State of Kansas, commenced and committed an act of war on Shawnee Indians located Shawnee Indian Country, (18 U.S.C. Section 1151 a, b & c), known as Shawnee Reserve 206, by violating the Constitution of the United States, United States Treaties with the Shawnee and others and the Kansas Acts, by the use of armed force to trespass and invade Indian Country known as Shawnee Reserve 206 and steal Shawnee Indian property, in an attempt to impose civil (tax and regulation) jurisdiction upon Shawnee Indian Country and the Shawnee Indians thereon, by bootstrapping civil jurisdiction to criminal jurisdiction.
Now on 10 January, 1996, the BOTA, composed of political appointees of the Governor, is again attempting to do the same by imposing a tax on Shawnee Indian Jimmie D. Oyler, Principal Chief of the United Tribe of Shawnee Indians.
DEMAND WITH WARNING
DEMAND: All Indian property taken on January 23, 1990 and or an equal amount of money, with legal fees and lost Indian income, estimated to exceed $1,000,000 "shall" be returned to the Shawnee Indians.
WARNING: The State of Kansas and all political subdivisions thereof are hereby warned that total compliance with the Constitution of the United States, United States Treaties with the Shawnee and others, treaties that are the Supreme Law of the Land as guaranteed by the United States Constitution and the Kansas Acts "shall" be mandatory. Without total compliance total war between the United Tribe of Shawnee Indians and the State of Kansas "shall" be the end result.
JUSTIFICATION FOR THE ABOVE MOTIONS AND DEMAND WITH WARNING
CONGRESSIONAL POWER OF CONGRESS OVER INDIAN TREATIES AND COMPENSATION UNDER THE FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION
Indian treaties were, and remain today, the Supreme law of the land, superior to the laws of any state, and protected by Article VI of the United States Constitution. Only the Congress, through the exercise of it's plenary power over Indian affairs, may terminate Indian treaty rights. Should the abrogation of such rights occur, however, the affected tribes would be entitled to compensation under the Fifth Amendment to the United States Constitution. Menominee Tribe v. United States, 391 U.S. 404.
PROTECTION PROVIDED THE UNITED TRIBE OF SHAWNEE INDIANS BY THE CONSTITUTION OF THE UNITED STATES
Article I, Section 8, Clause 3, the Commerce Clause and Section 10 Clause 1, the Contracts Clause.
The Commerce Clause provide as follows:
"Powers delegated to congress" ...To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;...
The Contracts Clause provides as follows:
...No State shall...pass any...Law impairing the Obligation of Contracts...
Article III, Section I, The Judicial Branch, The Supreme Court: reads as follows:
...The judicial power of the United States shall be vested in one Supreme Court...The judges, both of the Supreme Court and inferior courts, shall hold their office during good behavior...
Article IV, Section 2, Clause 1, The Privileges and Immunities Clause of the Constitution states as follows:
...The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States...
Article VI, Clause 2, The Supremacy Clause states as follows:
...2. This Constitution and the laws of the United States which shall be made pursuant thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding...
UNITED STATES TREATIES WITH THE SHAWNEE & OTHERS, TO INCLUDE TREATIES WITH FRANCE AND GREAT BRITAIN, AND ASSOCIATED ACT'S OF CONGRESS
Treaty with the Shawnee, January 31, 1786 (7 Stat. 26). Article VII of the Treaty with the Shawnee, January 31, 1786, (7 Stat. 26) states as follows:
"If any citizen of the United States shall presume to, settle upon the lands allotted to the Shawanoes by this treaty, he or they shall be put out of the protection of the United States."
Ordinance of the Confederated Congress, dated July 7, 1787, (1 Stat. 50). Article III of subject Ordinance contained the following:
...The utmost good faith shall always be observed towards the Indians; their land and property shall never be taken from them without their consent; and in their property, rights, and liberty they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws found in justice and humanity shall, from time to time, be made for preventing wrongs being done to them, and preserving peace and friendship with them...
Treaty with the Wyandot, Delaware, Shawnee, Ottawas, Chippewa, Potawatomis, Miamis, Eel-River, Wea's, Kickapoos, Piankeshaw's and Kaskaskias, August 3, 1795 (7 Stat. 49).
Article VI of the Treaty with the Shawnee, etc., August 3, 1795, (7 Stat. 77), expanded trespass to include the following:
"may drive off the settler, or punish him in such manner as they shall think fit;"
Treaty with France, April 30, 1803 (8 Stat. 200) called "The Louisiana Purchase". Article VI, of subject treaty contained the following guarantee:
...The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians, until, by mutual consent of the United States and the said tribes or nations, other suitable articles shall have been agreed upon...
Treaty with Great Britain, December 24, 1814,(8 Stat. 218). The Ninth Article of subject treaty concerned the ratification of Indian treaties and is stated as follows:
...The United States of America engage to put an end, immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom they may be at war at the time of such ratification; and forthwith to restore to such tribes or nations, respectively, all possessions, rights, and privileges, which they may have enjoyed or been entitled to in one thousand eight hundred and eleven, previous to such hostilities;... Provided always...
Treaty with the Wyandot, Seneca, Delaware, Shawnee, Potawatomi, Ottawa, Chippewa, September 29, 1817 (7 Stat. 160). Article 15 of subject treaty states as follows:
...The tracts of land herein granted to the chiefs, for the use of the Wyandot, Shawnee, Seneca and Delaware Indians, and the reserve for the Ottawa Indians, shall not be liable to taxes of any kind so long as such land continues the property of the said Indians...
On May 28, 1830, the Congress of the United States passed, Act of the Congress of the United States, (4 Stat. at L. p. 411 chap. 148) whereby the President of the United States was directed to select a country west of the Mississippi, to remove and settle the Indians upon reads as follows:
Section 3 of the Act provided as follows: ...That in making any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guarantee to them, and their heirs and successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for same... See: May 28, 1830 Act of Congress (4 Stat. at L. p. 411 chap. 148)
The May 28, 1830 Act of the Congress of the United States, (4 Stat. at L. p. 411 chap. 148) was incorporated into the Treaty with the Shawnee, August 8, 1831 (7 Stat. 355). Article X, of the 1831 Treaty with the Shawnee, promised and guaranteed that:
...The lands granted by this agreement and convention to the said band or tribe of Shawnee, shall not be sold or ceded by them, except to the United States. And the United States guarantee that the said lands shall never be within the bounds of any state or territory, nor subject to the laws thereof: And further, that the President of the United States will cause said tribe to be protected at their intended residence, against all interruptions or disturbances from any other tribe or nations of Indians, or from any other person or persons whatever...
THE KANSAS ACTS
The Act to Organize the territory of Kansas (Act of May 30, 1854, ch. 59, section 19, 10 Stat. 283) was passed May 30, 1854. The jurisdiction of the territory created by the Kansas Organic Act, as to rights of the Indians within subject territory was not to extend to the Indians, their rights of person or property, "so long as such rights should remain unextinguished by treaty with them".
Section 19, of the Organic Act is quoted as follows:
...That nothing in this act contained shall be construed to impair the rights of persons or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which with any Indian tribe is now, without the consent of said Tribe, to be included within the territorial limits or jurisdiction of any state or Territory; but all such territory shall be excepted out of the boundaries and constitute no part of the territory of Kansas, until such tribe shall signify their assent to the President of the United States to be included within said Territory of Kansas...
On July 29, 1859, a Constitution for the State of Kansas was formed. Section I of the Constitution provides that:
...That all rights of individuals should continue as if no state had been formed or change in government made...
On January 29, 1861, an Act for the Admission of Kansas into the Union (Act of January 29, 1861, ch. 20, section I, 12 Stat.126) was passed by the Congress of the United States. Section I of the Act for Admission is identical to Section 19 of the Kansas Organic Act and reads as follows:
...That nothing contained in the said Constitution respecting the boundary of said State shall be construed to impair the rights of person or property now pertaining to the Indians of said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indian tribe, is not, without the consent of such tribe, to be included within the territory limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the State of Kansas, until said tribe shall signify their assent to the president of the United States to be included within said state, or to, affect the authority of the government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to make if this act had never passed... See: The Kansas Indians (Blue Jacket v. The Board of Commissioners of the County of Johnson), 72 U.S. (5 Wall) 737, (1867).
WHEREFOR: The State of Kansas and all political subdivisions thereof to include the Office of the Governor, the Office of the Secretary of Revenue, and the Board of Tax Appeals (BOTA) has one of two choices, WAR with the United Tribe of Shawnee Indians or PEACE with the United Tribe of Shawnee Indians.
What shall it be, peace or war?
/S/Jimmie D. Oyler
I, Shawnee Indian Jimmie D. Oyler, Principal Chief of the United Tribe of Shawnee Indians, do certify that a true and correct copy of the above Motions and Demand with Warning in Docket No. 93-9368-DT was placed in the United States Mail this date, January 16th, 1996, addressed to the following:
Governor, State of Kansas
Topeka, KS. 66612
Director of Taxation
DSOB, 915 S.W. Harrison, 3rd F1
Topeka, KS 66612
Brian Cox, ESQ.
c/o General Counsel, Dept of Revenue
DSOB, 915 S.W. Harrison, 2nd F1
Topeka, Kansas 66612
Board of Tax Appeals
Docking State Office Building
Topeka, KS 66612-1505
Additional copies were sent to the President of the United States and others by United States Mail or E-Mail.
/S/Jimmie D. Oyler
Principal Chief, United Tribe of Shawnee Indians
P.O. Box 637 Shawnee Reserve 206
De Soto, KS 66018
E-Mail: [email protected]
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