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Dr. Malachi Z. York

Yamassee Native American Moors
Of the Creek Nation
P.O. Box 1845
Milledgeville, Georgia 31059
February 11, 2004 A. D.




I greet you in the name of the Creator:

I am Maku “Chief”: Black Thunderbird “Eagle” AKA Malachi York, Chief and Head of State of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999. I am being tortured, and ignored concerning my born right to life as an indigenous Native American, The United States Government has knowingly violated and failed to honor

The Draft Declaration on the Rights of Indigenous Peoples, e/cn.4/sub.2/1994/2/add.1 (1994) Article 1, “Indigenous peoples have the right to the full and effective enjoyment of all human rights and fundamental freedoms recognized in the charter of the United Nations, the Universal Declaration of Human Rights and International Human Rights Law”, by violating all of my human rights in the form of Arbitrary Detention.

First of all I have declared my status as an indigenous and sovereign person on many occasions to the United States Government in accordance with The Draft Declaration on the Rights of Indigenous Peoples, e/cn.4/sub.2/1994/2/add.1 (1994) Article 8, “Indigenous peoples have the collective and individual right to maintain and develop their distinct identities and characteristics, including the right to identify themselves as indigenous and to be recognized as such.” However, the United States government, acting against international declarations for the support of indigenous people, knowingly denied my rights as an indigenous, sovereign, Head of State as Chief of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999 by continuing to act as if the United States government has jurisdiction over indigenous and sovereign persons. Within its Constitution, the United States government states that their jurisdiction does not venture beyond 10 miles outside of Washington, D.C., therefore any jurisdiction they claim is only assumed not granted. This is clearly stated in Article I, Section 8, Clause 17 of the Constitution, “Provided Congress exclusive federal legislative jurisdiction, municipal plenary (absolute) powers, to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles

square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States [Washington, D.C], and to exercise like Authority over all Places purchased by the Consent off the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.

Pursuant to Article VI, Clause 2, of the constitution Congress’ municipal legislative police powers do not apply within the boundaries of the states of the Union, but they do apply the citizens of the District of Columbia and any federal territory that is not within the jurisdiction of one of the several states of the union of several states, which is confirmed under Title 18 Criminal Code at Sections 5 and 7, per definition of territorial jurisdiction of the United States as follows: 18 U.S.C. Sec. 5. – “United States defined the term "United States”, as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone.”

In the United States District Court of the Middle District of Georgia in Macon, Georgia USA October 24, 2003 A.D. during a hearing before the Federal Judge C. Ashley Royal, Judge Royal addresses the lack of jurisdiction in open court. He states, “…My review of the record of the hearing in that case was that this was somewhat of an ambiguous request in the sense that I didn’t understand that neither Mr. Garland or Mr. Arora could specifically state that he was not competent, but in light of matter related to the issue that we just discussed about him being an indigenous person, being a member of an Indian tribe, that there was a request that this matter be addressed….” However, the Assistant United States Attorney Richard S. Moultrie comments on the court hearing the motion to dismiss for lack of jurisdiction and states, “…But the motion to dismiss for lack of jurisdiction based on Mr. York’s status as an indigenous person is on that has not been previously addressed by the Court.” The court proceedings continue as an international attorney, Mr. Frank Rubino speaks to judge concerning me and states, “Mr. Rubino The factual basis really would be as follows. One, the defendant is an indigenous Native American…” Therefore as you can see The United States government acknowledges my indigenous, sovereign status and continues on without jurisdiction.

I have personally notified the United States Government of my nationality status as an indigenous and sovereign person as of 1992 A.D. with the authorship and release of the Constitution of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999. Also in 1999 A.D. I established my identity as an indigenous Native American to the Federal Government through correspondence sent to the BIA “Bureau of Indian Affairs”. In response to the informative letter I sent, the BIA “Bureau of Indian Affairs” sent a letter recognizing receipt of this statement. Furthermore, during a pre-trial hearing on January 24, 2003 A.D. in the Superior Court for the County of Putnam, State of Georgia when William A. Prior Jr., Chief Judge asked me, “You are Malachi Z. York, a Native American? And I responded with “Yes, sir”.

Most recently again I declared my sovereign, indigenous, and Head of State Status as the Chief of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999 on June 30, 2003 A.D. in the United States District Court of the Middle District of Georgia in Macon, Georgia USA where I addressed the American Media, The Federal Judge Hugh Lawson, Court Personnel, The United States Attorney Maxwell Wood, Assistant United States Attorney Richard S. Moultrie, Putnam County Sheriff: Howard Richard Sills, and the general public of the United States saying (in part)“With all due respect to your court and your government, I’m sovereign; I’m a native American; I’m indigenous… we the indigenous people of this land have our own rights, accepted sovereign, our own governments. We are a sovereign people, Yamassee, Native American Creeks, Seminole, Washitaw Mound Builders. All that I am asking is that the court recognizes that I am an indigenous person…. I have to be tried by Native Americans as a Native American. Yamassee……I don’t see why the Court or the government, this government that’s opposing our government, does not acknowledge my inalienable rights to be tried as a Native American amongst my own people…: I don’t understand why in my case—is it because I’m dark skinned and don’t have straight hair? Is it that I appear to be an African? But I have inalienable rights. I just happen to be a Native American. I’m a Yamassee. Do you understand, your Honor?... We are Native Americans we have our own lives; we have our own rights; we have our own inalienable rights; we are indigenous people; and are sovereign. I am to be tried, sir, by a jury of my own peers, among my people. And there are people in court right now who are Yamassee who are qualified to stand up and speak for me… And as far as I was concerned, I repeatedly stated over, ‘I’m sovereign; I’m a Native American; I’m not supposed to be here; I’m supposed to be in my court being tried by my people’… Sir, I repeated to counsel, with all due respect, that I was indigenous…: I would like to be transferred into the custody of Native Americans of my tribe where I can be tried by a jury of my peers, as indigenous people who have our inalienable rights and have been accepted by Geneva…”

At the same time over 5,600 members of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999 across the world signed petitions recognizing me as their Chief and Head of State of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” registry No. 208/1999. Also over 12,000 members from across the world sent letters to Yamassee Native American Moors Of the Creek Nation P.O. Box 1845, Milledgeville, Georgia 31059 recognizing me as the Chief and Head of State of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) B.I.A. “Bureau of Indian Affairs” Registry No. 208/1999. Furthermore, in December 2003 A.D. the Brunswick Downtown Development Authority sent a letter to me thanking me as the Chief of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” registry No. 208/1999 for the tribe’s participation in the Brunswick, Georgia Annual Christmas Parade. Additionally, when I made these declarations they were substantiated by my tribe’s (Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” registry No. 208/1999) constitution, language and land.

I have received official correspondence sent to me by U.S. Attorney Maxwell Wood addressing me as the Chief of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999 in response to a suit that I filed against Federal Officials for the arbitrary detention, torture and inhumane treatment I’ve been enduring since May 8, 2002 A.D. which continues even until this day. On December 17, 2003 A.D., The Putnam County, Georgia Sheriff: Howard Richard Sills responded to me as the Chief of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999 in response to a suit that I also filed against Putnam County, Georgia Sheriff: Howard Richard Sills for the arbitrary detention, torture and inhumane treatment I have been subjected to. And most recently Dawn Baskin the Assistant District Attorney of the Ocmulgee Judicial Circuit of Georgia, USA January 5, 2004 A.D. responded to me as the Chief of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999 in response to a suit that I filed against State Officials, among others, for my arbitrary detention, torture and inhumane treatment.

 They all responded to me as Maku “Chief:” Black Thunderbird “Eagle” AKA Malachi York in their official capacity on legal documents recognized in the United States. The United States government has been informed of my identity on countless occasions and even responded and recognized my assertion of my indigenous status.

Despite knowledge and acknowledgement of this fact, the United States government has continued to violate my human rights and ignored my indigenous status. The United States has tortured me and violated treaties signed by The Creek Confederacy of which the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999 are a part.

 And we as the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999 have been recognized by the United States government as having members range in ethnic appearance from dark brown complexion with kingly hair to a lighter brown complexion with a straighter hair texture. The Federal government gathered a list of whom they referred to as Native Americans compiled in the Freedman rolls of the Five Civilized Tribes. This list also included the Creek along with the Seminole (called Mascogos in Mexico) who as a part of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999 along with other tribes, created the Creek Confederacy. In addition, the United States Government has not recognized our rights as laid out in The Constitution of the Yamassee Native American Moors of the Creek Nation and The Draft Declaration on the Rights of Indigenous Peoples, d e/cn.4/sub.2/1994/2/add.1 (1994) Part VII Article 31 and 36:

Part VII Article 31, “Indigenous peoples, as a specific form of exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, including culture, religion, education, information, media, health, housing, employment, social welfare, economic activities, land and resources, management, environment and entry by non-members, as well as ways and means for financing these autonomous functions.”

Part VII Article 36 , ”Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with states or their successors, according to their original spirit and intent, and to have states honor and respect such treaties, agreements and other constructive arrangements. Conflicts and disputes which cannot otherwise be settled should be submitted to competent international bodies agreed to by all parties concerned.”

The United States government continues to disregard our rights as Native American indigenous persons with the torture of myself, Maku “Chief”: Black Thunderbird “Eagle” AKA Malachi York and my tribe. They have acknowledged me in my capacity as Maku “Chief”: Black Thunderbird “Eagle” AKA Malachi York an indigenous chief. However, they continue to ignore my rights to autonomy, continue to persecute our tribe and destroy our culture. My blood link has tied back into Ben York son of Old York and Rose an Indigenous Washo woman. Carolyne Gould a certified genealogist from Texas has confirmed the blood link from me all the way back to Ben York by identifying the existence of the people within my family tree. Our Tribal land located in the southern part of Turtle Island (North America) is also under attack by the United States of America. Because of a staged trial in kangaroo court held down in Brunswick, Georgia, the United States is now trying to steal the land of the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999, which is against The Draft Declaration on the Rights of Indigenous Peoples, e/cn.4/ sub.2/1994/2/add.1 (1994). states: “Recognizing the urgent need to respect and promote the inherent rights and characteristics of indigenous peoples, especially their rights to their lands, territories and resources, which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies,”. Our tribe has treaties with the United States of America in which our sovereignty and indigenous status is acknowledged and articulated, however the United States continues to ignore the declarations passed by the United Nations, despite being a member nation and continue to unjustly persecute with an attempt to take our tribal land, my life and my freedom.

Your urgent and immediate attention to this matter is needed, for a great injustice is taking place here in the United States and I am asking for your help as one of the international governments which took part in the creation of these Declarations by the United Nations designed to protect the basic human rights of the people. We are asking that you also recognize The Draft Declaration on the Rights of Indigenous Peoples, e/cn.4/sub.2/1994/2/add.1 (1994)Part VII Article 37, “State shall take effective and appropriate measures, in consultation with the indigenous peoples concerned, to give full effect to the provisions of this declaration. The rights recognized herein shall be adopted and included in national legislation in such a manner that indigenous peoples can avail themselves of such rights in practice”

As obligated as a member nation, you can provide assistance with our plight. Currently I am a post-conviction prisoner being held in Jones County Jail at 123 Holmes Hawking Drive Gray, Georgia 31032 USA. Please contact by mail at Yamassee Native American Moors Of the Creek Nation P.O. Box 1845 Milledgeville, Georgia 31059 for whatever information and facts needed to pursue this issue further. We also have a website where you can find additional information about myself Maku “Chief”: Black Thunderbird “Eagle” AKA Malachi York” and our indigenous tribe the Yamassee Native American Moors of the Creek Nation (U.N.N.M.) BIA “Bureau of Indian Affairs” Registry No. 208/1999 you can visit our website at www.yamassenativeamericans.com and www.unnm.com, now at www.nuwaubianfacts.com , At this websites you can read information about our tribe and our current legal battle. We are not asking for financial help, reparations or the like, just assistance with our efforts to secure our guaranteed freedoms and human rights. Thank you, your help is needed and greatly appreciated. How can you help?




Thank you again.

Truthfully,

At this time all that would like to help Maku "Chief Black Eagle please contact us at the e-mail address nuwaubianfacts@gmail.com 





Maku “Chief”: Black Thunderbird “Eagle”