Setting up camp

“We didn’t tell anyone we were coming here,” says Roberta Walkingstick regarding their occupation of the Tumbling Creek land and their campsite located in a beautiful setting amongst tall hemlocks and rhododendrons alongside Indian Creek. “We just came out here to be able to spend some time on our family’s land, since we believe that it is our right to do so, as this land is legally ours. We didn’t ask for anyone’s help or permission — neither the Forest Service or the Tribe. However, during the past few weeks the Tribe has sent us some bottled water, which we requested from our district councilman, and we’ve fed the Forest Service Rangers corn and potatoes cooked over our campfire.”

Almost immediately after the Walkingsticks put up camp on the Indian Creek site, word got out about their non-violent vigil. Locals, members of the Cherokee Tribe, and reporters from nearby newspapers began appearing — many to ask questions, many to express their support. In a matter of days, the Walkingstick occupation story was front-page regional newspaper and television news, with CNN and national stations also contacting them by means of a cell phone that Roberta brought.

“The 1842 Land Grant deeded to my grandfather says “to the Walkingstick family and their heirs, forever.” My question to the government now is: when does ‘forever’ end?” asked Walkingstick.

“We’ve had lots of support from people since we arrived. Especially from the Payne family, who owned this land after my grandfather and his family and their Cherokee neighbors were violently run off and before the Forest Service took it over after the government had condemned over 800 acres in the southeast corner of what is now the Cherokee National Forest. These local people have helped us and told us stories about Tesetuskey Walkingstick and how he helped their kin, saving the lives of the Payne family during a harsh winter by sharing food, shelter and labor in order that they might survive. For this, the present-day Paynes have given us their support and promise to help in any way they can. I really feel like I’ve come home. The people here have been so good to us these past few weeks,” said Walkingstick.

Roberta Walkingstick is quick to add to her husbands thoughts:

“We didn’t come out here to cause trouble. We came to accomplish our goal: to get our land back. We don’t want another Wounded Knee or a Waco. This is a peaceful occupation, and we’ve achieved what we set out to do. The government thought we’d get frustrated with their lack of response to our inquiries and requests and go away. Well, we didn’t go away, and now were ready to go back to court with new momentum and new evidence.”

Speaking in behalf of the Walkingsticks, Bridgers (who is working on the case pro bono) says: “I’ve been working with Daniel on this case since 1998, when he came to me for advice. He’s taken his claim to court once already, acting as his own council (Daniel Walkingstick vs. the United States of America and the Dept. of Agriculture). The case was dismissed with the government citing the law of adverse possession, which was originally applied in 1890. This was the government’s main defense, stating that : ‘we foreclosed this land in 1890; Tesetuskey left the land; and the law of adverse possession went into effect. Mr. Walkingstick, you’re too late in coming in at this stage and reclaiming this land.’”

“Since this case, in June of 2000, Daniel has done a lot more research on the subject, and we believe that he now has a lot stronger case,” says Bridgers. “And we’re proceeding on that basis. We have no illusions that this will be easy. It’s not a slam dunk, but this is a serious case, not without precedent. The occupation of the land over in the Cherokee National Forest was an action taken to get the attention of the government, who had been, essentially, ignoring the Walkingsticks claim to this land following the court case in 2000, which did, in fact, under the Adjustment of Land Titles Act authorize the Secretary of Agriculture to review alleged insufficient land titles held by the United States government and to provide relief to any injured party.

“In response to a letter that my office sent to Mr. Lewis Kearney, who is in charge of Fire, Lands & Mineral Staff for the U.S. Forest Service in Cleveland, Tenn., on Feb. 7, 2002, concerning the Walkingstick claim, his office sent me a letter which stated that Mr. Walkingstick has the right to prove his color of title claim. The occupation action these past weeks by the Walkingsticks is their response to the inaction of the Forest Service and the U.S. government in response to letters and documents sent since that time and prior to that time. This action would seem to have gotten their attention. So, if you were inclined to see this whole thing as a ‘war,’ you could say that we’ve won the first skirmish,” said Bridgers.

The implications of the case are far-reaching, says Bridgers.

“I couldn’t find a lawyer to represent me in my case in 2000 because we are Indians, so I filed the first case myself — based on information supplied to us by people like Quentin Bass who is a Forest Service archeologist for the state of Tennessee, and people like the fellow I met at Red Clay in 1996 that first told us of the 1842 Land Grant, who went by the name of Col. Corn,” says Walkingstick. “But we’ve done a lot of work since then, and I’ve spent a lot of time and money traveling all over this part of the country talking to historians, historical societies, searching state, county and town deeds and records archives, following leads wherever they took us — even as far away as Washington, D.C. I’ve come up with things like an old map of Polk County, Tenn., from 1916 that was given to me by Ken Rush who is the director of the [Ducktown Basin] mining museum over in Ducktown which shows the Walkingstick land prior to the government’s condemnation actions in what is now the Cherokee National Forest. This map shows the locations of the corner markers. I’ve spent a lot of time walking this land and I’ve seen the corner markers and I know where they are. I needed this map to know the exact lay of the Walkingstick property — which helps confirm and legitimize the original Land Grant deed. In fact, I know where my grandfather Tesetuskey and his wife Nancy are buried, and where the old home place was.

“They call part of the forest, here, the ‘Big Frog Wilderness Area.’ The way I see it, it’s all wilderness area here, but, more importantly, it’s all land. And this land is ours no matter what they call it. Since all this land was condemned in 1932, it’s been Forest Service land. Now, we are ready to reclaim our land and to take our claim back to court with what we believe is a stronger case.”

Other Native American claims

When asked about the larger ramifications of his case and the occupation of Forest Service land, Daniel answered: “It’s the media that has made this a Native American issue. My family and I are just here to get what we feel is rightfully ours, and that’s all. It wasn’t our intention to make this an ‘Indian issue’ necessarily, although historically there are many things in our case that might apply to others who have similar claims as ours. When the facts of how the land was taken and how the condemnations were carried out (which includes the Tesetuskey Walkingstick land) come out, I think people are going to get a real education as to how native peoples were treated and how real estate business was conducted back then — which is much the same as it is conducted today regarding Indian people.”

Just as Daniel and Roberta Walkingstick imply, the people living up and down Tumbling Creek Road seem to be supportive of their claim to the land. Their would-be neighbor on tumbling Creek Road, Raymond Allen, says: “The government and people in these parts didn’t do the Indians right to begin with. So, I want to help. I don’t have much, but I’ll support them in any way I can.”

This sentiment is widespread, at least judging from the family groups coming and going from the Indian Creek occupation campsite since word got out about the Walkingsticks’ and sit.

“After the fifteenth day we felt so at home here, with folks treating us like lifelong friends and neighbors. We hung out a welcome sign, put up a mailbox, and planted some tomatoes. Just as if we’d always owned the place,” says Roberta Walkingstick. “They say that God helps those who helps themselves. Persistence pays off, and its seems to finally be paying off in our case. And if Daniel and I don’t win our case, we’ve got seven heirs to follow in our footsteps. So, were not going away. It’s true that they’ve been slow in running the electricity in here since we arrived, but that’ll all happen in good time. For now, people can help us by saying their prayers for us. That’s how they can help the most.”

On June 17, Daniel and Roberta Walkingstick were in court in Chattanooga, Tenn., to contest a ticket they were given by the Forest Service for camping in one spot for more than 14 days, which violates a federal regulation. After the ticket was waived by the District Court in Chattanooga, the Walkingsticks returned to their campsite along Indian Creek.

“Yes, we knew about the camping regulation, but we didn’t feel that we needed to adhere to those regulations since we were camping on our own land. Or, rather, land that is rightfully ours,” said Roberta.

The Walkingsticks’ future court battles could be long and drawn out. It will necessitate acquiring additional legal help in the state of Tennessee as well as expensive research and travel expenditures. There has been some suggestion of establishing a “Walkingstick Legal Defense Fund” in addition to the kind of provisional help being offered by well-wishers who have supported their occupation action. The Walkingsticks say that they’ve been getting calls on their cell phone the past three weeks from Indians and non-Indians alike from all over the country offering moral support and wanting to get involved

(To contact the Walkingsticks write to: Daniel Walkingstick, PO Box 1419, Cherokee, NC, 28719.)

Thomas Crowe is a columnist and features writer for The Smoky Mountain News and lives in the Tuckaseegee community of Jackson County. He can be reached at newnativepress@hotmail.com.