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
1200 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 Mrs. Robbie Hibner, Secretary of the
Interior or Mrs. Dana Miller, Secretary of Indigenous Affairs by
phone: at 706-484-2554, by e-mail: robbiehibner@hotmail.com, or
danamiller19@yahoo.com or 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. At these 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?
