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| Candlelight Vigil photo courtesy Mvskoke Media |
Muscogee Creek remembered their ancestors dug up for a casino, before oral arguments were heard before the Eleventh Circuit Court of Appeals in Atlanta, Georgia
CANDLELIGHT VIGIL
Ceremonial members of Hickory Ground and other Mvskoke supporters gathered at Woodruff park in Atlanta, Georgia where they held a remembrance for their ancestors Sept. 24. A total of 57 candles were lit for each Hickory Ground ancestor believed to have been dug up by the Poarch Band Creeks.
The vigil was attended by Muscogee (Creek) Nation Principal Chief David Hill, Second Chief Del Beaver and other tribal leadership. Guest speakers of the night included Sterlin Harjo, Joy Harjo, Mekko George Thompson, Robin Soweka, and National Council Representative Galen Cloud. Supporters laid out roses and stickball sticks by each candle to honor their memory.
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| Press conference following arguments before 11th Circuit Court of Appeals in Atlanta, Georgia. Photo courtesy Mvskoke Media |
"The Ancestors Were Here"
By Mvskoke Media
Oral arguments in the Muscogee (Creek) Nation, et al v. Poarch Band of Creek Indians, et al. were heard today (Sept. 25) before the Eleventh Circuit Court of Appeals in Atlanta, Ga. The appeal is for a suit filed against the Poarch Band of Creek Indians for building a casino resort on the site of Hickory Ground's sacred burial ground in Wetumka, Al. Hickory Ground Ceremonial members marched to the courthouse this morning to sit in on the arguments and show their support.
In a press conference immediately following, lawyer Mary Kathryn Nagle (Cherokee) thanked the court for accommodating the Nation and members of Hickory Ground. She explained it is now up to the three judges hearing the case to decide what happens next, a decision could take months to be handed down due to the complicated nature of the case. Mekko George Thompson described this as a "monumental day".
Muscogee Creek Nation Principal Chief praised Nagle's efforts in the case and expounded on the importance of continuing to fight for Mvskokvlke ancestors. "It's been a long battle," Chief Hill said. "The things that are being done now are to prevent things that will happen in the future."
The Nation's next stop on their "Journey for Justice" is Oxford, Al.
11th Circuit Court of Appeals, Atlanta, Georgia
Listen to oral arguments on Wednesday
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| Candlelight Vigil photo courtesy Mvskoke Media |
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| Candlelight Vigil Mvskoke Media |
Read more:
Muscogee Nation Optimistic After Hearing on Disturbed Burial Ground
Public Radio Tulsa
Members of the Muscogee Nation say they're feeling heartened after attending a hearing related to a long-running case dealing with a sacred Alabama graveyard. Wetumpka’s Hickory Ground, or Oce Vpovf, was allegedly desecrated when 57 bodies were dug up by another tribe claiming Muscogee ancestry.
The Poarch Band of Creek Indians built a $246 million casino, Wind Creek, on the contested site. The land was once inside the Muscogee Nation’s capital before members were forced into southeast Oklahoma on the Trail of Tears.
Continue reading: https://www.publicradiotulsa.org/local-regional/2024-09-25/muscogee-nation-members-rally-for-court-hearing-on-disturbed-burial-ground
Defending the Ancestors, Voices from Phillip Deere Round House
By Brenda Norrell, Censored News
OKEMAH, Oklahoma -- The ancestors who were left behind, fleeing for safety, were buried in Alabama, when the Mvskoke were forced on the cruel Trail of Tears. Today, speaking at the Phillip Deere Round House in Oklahoma, Muscogee Creek described how it is all about the money these days for those who dug up the ancestors and handled them in a disrespectful way to build a casino.
Muscogee (Creek) Nation Seeks Justice for Desecration of Sacred Site
Asks Appeals Court to Overturn Erroneous Lower Court Ruling
July 21, 2023
Atlanta, GA—Today, the Muscogee (Creek) Nation filed the first brief in their appeal to the Eleventh Circuit Court of Appeals seeking to proceed with their case holding several federal agencies and a tribal entity accountable for illegal acts that led to the desecration of a Muscogee sacred site.
CLICK HERE FOR A COPY OF THE FULL BRIEF
The case revolves around the Hickory Ground site in Wetumpka, AL which was a sacred ceremonial ground for the Muscogee people and the final capitol of the Muscogee (Creek) Nation before the Tribe’s forced removal to Oklahoma. Because of its significance to both Muscogee and American history, Hickory Ground was placed on the National Register of Historic Places. To this day, it remains one of most sacred sites to the Muscogee people as it is the final resting place for many of Muscogee (Creek) Nation’s most significant political and cultural leaders.
However, a tribal entity obtained ownership of the property under the promise to protect the site and never excavate the Muscogee individuals buried there. Then did precisely the opposite. Federal law requires federal agencies to protect historic sites like Hickory Ground, but the federal agencies responsible for Hickory Ground’s protection allowed the desecration to happen. Through a series of illegal acts, the tribal entity that had acquired the Hickory Ground site dug up and removed the Muscogee (Creek) ancestors buried there and built a casino on the holy site.
The Muscogee (Creek) Nation originally filed suit on December 12, 2012, in the United States District Court, Middle District of Alabama. On March 15, 2021, the district court dismissed the Nation’s claims against the United States, the tribal entity responsible for the desecration, and Auburn University.
The Nation believes that the court wrongly dismissed the suit based on a legal doctrine that has been abrogated by a subsequent Supreme Court decision. Accordingly, the Nation is asking the Eleventh Circuit Court of Appeals to overturn the lower court decision and allow their case to be heard.
Mekko Thompson, the traditional chief of Hickory Ground and a plaintiff in the litigation, emphasized the significance of the situation stating, “This struggle is not just about the past; it is about the present and the future. This is a universal human struggle. We stand united in our righteous determination to ensure that all sacred sites are respected and preserved. Decency demands it.”
At its core, this case concerns the failure of several federal agencies and officials to abide the duties Congress set out for them in federal statutes—statutes that make clear that historic sites and Native American burials are to be protected and preserved, not destroyed. Equity and good conscience commands that the Nation’s claims against the United States be allowed to proceed.
Hickory Ground’s placement on the National Register of Historic Places pre-dates any relationship or connection any other group could possibly claim to it. As a site on the National Register, Hickory Ground is protected by federal law. If successful, this case will make clear that laws protecting removed Tribes rights to protect sacred sites must be respected and followed.
Principal Chief David Hill reflected the Nation’s commitment to pursuing justice saying, “We fight because it is just to fight. We will not stop until our ancestors have received justice and this sacred site is preserved from any further desecration.”
Atlanta, GA—Today, the Muscogee (Creek) Nation filed the first brief in their appeal to the Eleventh Circuit Court of Appeals seeking to proceed with their case holding several federal agencies and a tribal entity accountable for illegal acts that led to the desecration of a Muscogee sacred site.
CLICK HERE FOR A COPY OF THE FULL BRIEF
The case revolves around the Hickory Ground site in Wetumpka, AL which was a sacred ceremonial ground for the Muscogee people and the final capitol of the Muscogee (Creek) Nation before the Tribe’s forced removal to Oklahoma. Because of its significance to both Muscogee and American history, Hickory Ground was placed on the National Register of Historic Places. To this day, it remains one of most sacred sites to the Muscogee people as it is the final resting place for many of Muscogee (Creek) Nation’s most significant political and cultural leaders.
However, a tribal entity obtained ownership of the property under the promise to protect the site and never excavate the Muscogee individuals buried there. Then did precisely the opposite. Federal law requires federal agencies to protect historic sites like Hickory Ground, but the federal agencies responsible for Hickory Ground’s protection allowed the desecration to happen. Through a series of illegal acts, the tribal entity that had acquired the Hickory Ground site dug up and removed the Muscogee (Creek) ancestors buried there and built a casino on the holy site.
The Muscogee (Creek) Nation originally filed suit on December 12, 2012, in the United States District Court, Middle District of Alabama. On March 15, 2021, the district court dismissed the Nation’s claims against the United States, the tribal entity responsible for the desecration, and Auburn University.
The Nation believes that the court wrongly dismissed the suit based on a legal doctrine that has been abrogated by a subsequent Supreme Court decision. Accordingly, the Nation is asking the Eleventh Circuit Court of Appeals to overturn the lower court decision and allow their case to be heard.
Mekko Thompson, the traditional chief of Hickory Ground and a plaintiff in the litigation, emphasized the significance of the situation stating, “This struggle is not just about the past; it is about the present and the future. This is a universal human struggle. We stand united in our righteous determination to ensure that all sacred sites are respected and preserved. Decency demands it.”
At its core, this case concerns the failure of several federal agencies and officials to abide the duties Congress set out for them in federal statutes—statutes that make clear that historic sites and Native American burials are to be protected and preserved, not destroyed. Equity and good conscience commands that the Nation’s claims against the United States be allowed to proceed.
Hickory Ground’s placement on the National Register of Historic Places pre-dates any relationship or connection any other group could possibly claim to it. As a site on the National Register, Hickory Ground is protected by federal law. If successful, this case will make clear that laws protecting removed Tribes rights to protect sacred sites must be respected and followed.
Principal Chief David Hill reflected the Nation’s commitment to pursuing justice saying, “We fight because it is just to fight. We will not stop until our ancestors have received justice and this sacred site is preserved from any further desecration.”
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