November 10, 2010
Roaming Buffalo Clan
C T Terrell Unit
1300 FM 655
Rosharon, TX 77583
Dear Brothers,
I have for weeks been frustrated and perplexed in trying to see how effectively to continue to assist you in the secure establishment of your Native American religious organization at the time and distance that separate us. I have waited – not for inspiration, exactly – but for some way to open for your needs to be met, especially the need for you to be visited regularly by a teacher or spiritual advisor from within the frame of Native American spirituality. I have exercised some contacts that I have and sought the advice of Friends but no clear pathway appears to me.
As things now stand, I have no capacity to become a regular visitor to you; and I am reluctant simply to continue to write on your behalf to the Texas division of corrections or the chaplaincy offices. While they accommodated me in some measure last summer by allowing me to visit you and to speak with them at length after a number of correspondences, it is clear that they are firm in the exercise of their prerogatives and remain resistant to appeals – mine, anyway – for the ease of burdens, even when those burdens by objective measure – mine, anyway – fail to meet the prevailing legal standard. I have experience now with both the measure of their response and non-responsiveness, their accommodation and restrictions; and they hold me at the disadvantage of not being a “qualified” native practitioner. While I believe that they respect my intentions and may even have been influenced in some small measure by my persistence before now, their capacity to ignore my further appeals exceeds my ability to press them with effect. The fact that I was not even permitted to provide you, in person, with herbs for your own immediate use or to join with you in ceremonies of your own direction – restrictions that are unique in my prison visitation experience – is both depressing to me in spirit and discouraging to me in action. Brothers, I am halted. I think we must, all of us, look for another way.
If the Texas DOC will continue to ignore righteous appeals – yours and ours - for the relief of the burdens upon you, perhaps you should, in the spirit of the ancestors, ignore them, as best you can. By this I do not mean that you should act in any way contrary to the good order of the institution but rather that you should try, in a Good Way, to trust and rely upon yourselves. If your contract chaplain is no longer there to instruct, turn inward and around and learn from one another. I know that this may sound like feeble advice and that you may believe that you have already exhausted this possibility. Maybe you have from a position of dependence upon the institution but not, I venture, from a position of independence in mind and spirit from it. I encourage you to believe that each of you has within you a part of what all of you need and that if that can be illuminated it will begin to give you some sufficiency. If you will consider to do this, I will provide you with some tools with which to begin.
Attached to this letter are a series of fifty (50) questions that you can use (and re-use) to evaluate yourselves as a Native American Hoop and sixteen (16) questions about your individual experiences as isolated members. If you record your collective answers to these survey questions, it might well be used to inform and encourage someone on the outside whom you now do not know and who does not yet k now you. In any event, it will give form and structure to your meetings, however and whenever you can arrange to have them. I see no reason why, if you meet and conduct yourselves in good order, that you should be restricted from this reflection. Brothers, self-led is self-directed; and self-directed is self-reliant.
There is another phase of this process – a number of phases, actually - which I have previously exercised but the one is rather technical and would not be useful to you at this time. If you can progress with this, though, it might yet be brought to bear.
Brothers, thank you again for sharing your troubles with me and for your confidence. My regret is that I cannot offer a better service to you.
William O. Miles
INDIAN AFFAIRS
Homewood – Stony Run
Tuesday, December 7, 2010
Monday, April 26, 2010
April 25, 2010
Rehabilitation Programs Division Director
Texas Department of Criminal Justice
PO Box 99
Huntsville, TX 77342
Dear [Director],
Thank you for your letter of 3/16/10 in response to Friends’ concern for Indian inmates at C T Terrell Unit in Rosharon, TX. As you probably know, following an appeal to the Texas Commission for Criminal Justice, Baltimore Monthly Meeting of Friends, Stony Run, received a letter dated 2/26/10 from its chairman, Oliver J. Bell, which, in our view, agrees in principle with the substance of our appeal on behalf of Indian friends at Rosharon, that is, that the TDCJ will accommodate a Native American religious organization at C. T. Terrell Unit. Your letter confirms in my mind TDCJ’s commitment to accommodation in principle for the free practice of Native American spirituality, presumably within the framework that certain Indian inmates there have lately proposed. It is my purpose in writing to you to make further progress towards accommodation in fact, a condition which does not yet appear to have been achieved.
Before making any further submissions, I would like to establish with your office my standing in this service. First and foremost, I have been named by the congregation of Native American devotees at C T Terrell Unit, Roaming Buffalo Clan, as their agent, and I have been given this commission in writing. Second, I have the corporate support of my own congregation. This corporate support was confirmed by minute at our Meeting for Business at its regular monthly meeting on 1/3/10, and the Meeting Clerk’s letter 1/25/10 to Chairman Bell offers to introduce me “to inmates, officials and Friends in Texas as one familiar with the condition of Indian inmates and as one active in the concern for Native American devotees in our state and federal prisons.” I offer these bona fides so that you will appreciate that mine is not a casual, personal, or passing interest. Having once encouraged these Indian brothers to combine and hearing from them that they met stiff resistance to what your Department has now confirmed are legitimate aspirations, I feel myself under the weight of an obligation to do what I can to see that this Hoop be well established. I am, as you might imagine, in regular correspondence with the chief person of this Hoop. Recently, I have asked him to keep me informed approximately monthly of their condition. His latest report is not encouraging.
Your letter 3/16/10 acknowledges difficulties - “challenges” - that your Department faces in making adequate provisions for these and other Native American devotees, which I can appreciate; and it reiterates limitations imposed upon them by TDCJ policy directives, copies of which I have been provided. I am willing, at this time, to work towards – and to encourage my Indian friends accept as accommodation-in-fact - conditions at C T Terrell Unit within bounds of these official guidelines, but to their widest latitudes. Given that the legal standard for the burden of their religious practice is “least restrictive means”, this seems to me neither too much to ask nor too much to expect. The expectation that a mutual understanding on your part would prompt would be, in my view, for your office to see how much can be done for these men in this dimension of their prison life rather than how little within the guidelines, which seems to have been a prevailing mood for some months past. Fortunately for all of us, there is a ready mechanism for assessing progress in this concern. This is a “results-based” exercise. Written formulations are not conclusive. Whatever is said in print must be visibly and tangibly demonstrated and sustained by the men and by the staff at the Unit.
I would like to suggest to you that, while I am an agent for these men and their advocate, my relations with your office are collegial. I hope to offer you as well as Indian friends an alternative to the adversarial approaches that often characterize inmate-institution relations. While I may sometimes refer to legal principles, for example, I am unwilling at any time to support or even to suggest any legal action by these men against TDCJ inasmuch as I would be unable to do so and remain consistent with Friends’ principles of peacemaking. Rather, I am bound to speak positively to these men in favor of your just institutional goals, even your means and ends for the most part. I have already, in fact, suggested to them that their ‘strategy’ be to arrange and conduct themselves so that they can begin to approach the full accommodation for their traditional spirituality as is now provided for in policy and procedure directives. Also, I have advised them that the limits of their accommodation are, in some ways, contingent upon their own actions, that basically, TDCJ programs are “behavioral” models: desired action is positively reinforced with more latitude; undesired action is negatively reinforced with less.
Now, with your letter to me of 3/16/10 and their most recent one to me 4/3/10 laid side by side, shortfalls between accommodation in principle and accommodation in fact are readily apparent, if one were to confirm these reported conditions:
• Open dialogue in weekly meetings is censored. Inmates are barred from ‘teaching’ and time limits on speakers are superimposed. A “Christian volunteer” is not allowed to ‘teach’. An outsider is presumed necessary for performance of ceremonies and other religious functions.
• The chaplain does not have the trust or confidence of the men. He is regarded as non-responsive, abrupt, and summarily dismissive of their own inquiries and appeals. Reportedly, grievances “disappear” or simply go unanswered and efforts to organize are suppressed with warnings of reductions of scheduled activities.
• Material provisions and their storage are inadequate. Sacred herbs are not available, their provision not assured. Inadequate storage facility is made the occasion for confiscations.
• Sacraments have been denied for “6 – 8 months”. There is no Pipe. Ceremonies are not performed.
• Perfunctory citation of “security” is used to justify questionable or arbitrary restrictions, to stifle expression, to deflect inquiries.
Director, I have been witness to more than a few Native American Hoops in both state and federal prisons. This is simply not how even minimally accommodated ones report themselves. It is, however, consistent with examples elsewhere of how rules are enforced with an intention to minimize rather than to maximize religious program opportunities for Indian inmates. Inasmuch as “least restrictive means” is a “strict scrutiny” standard, it would seem to be incumbent upon you to maintain a close watch upon program development at C T Terrell Unit until this situation improves and stabilizes.
I have not included in this list of current grievances restrictions that might well be tolerable but are contrary to the letter of current TDCJ policies and guidelines, such as the possession of “dream-catchers”, decoration of medicine bags, etc. I note, however, that some of these conditions are the same that I reported to Chairman Bell in my letter 1/26/10 so that while some burdens appear to have been lifted, others, it would seem, remain. Certainly, my Indian friends still feel much aggrieved; and that is something that is not, I can say from experience, an inevitable product of men’s confinement but something that is, as often as not, reflexive of a frustration with inadequate address of spiritual needs.
It cannot escape notice that some of these men’s complaints have been addressed since Friends appealed to your Department so that conditions have lately improved somewhat at C T Terrell Unit, and we are all grateful for that; however, one thing that this indicates to me is that your office recognized that these grievances were legitimate. I see every reason to suppose, therefore, that with further effort on your part, we will be able to see that more improvement can be made.
One item of particular interest to me is the whereabouts of the ten sets of organizational and educational materials in red folders that I sent some time ago together with the dozen or so books that were lately approved and placed in the prison library. Your letter does not say whether these materials were approved, disapproved, impounded or discarded; however, my Indian friends say they have not yet seen them and I have been obliged to send one copy to their chief person. Before I make additional copies, I would like to know, first, that they will not be redundant and second, that they will be admitted to the institution, safely stored and readily available.
I would also like to know if any material provisions such as sacred herbs are needed and if they can be properly kept and what immediate provisions there are for sacramental tobacco to be provided to these men, either for “prayer ties” or for a Pipe ceremony.
Thank you for your consideration of this submission.
Yours truly, William O. Miles
Rehabilitation Programs Division Director
Texas Department of Criminal Justice
PO Box 99
Huntsville, TX 77342
Dear [Director],
Thank you for your letter of 3/16/10 in response to Friends’ concern for Indian inmates at C T Terrell Unit in Rosharon, TX. As you probably know, following an appeal to the Texas Commission for Criminal Justice, Baltimore Monthly Meeting of Friends, Stony Run, received a letter dated 2/26/10 from its chairman, Oliver J. Bell, which, in our view, agrees in principle with the substance of our appeal on behalf of Indian friends at Rosharon, that is, that the TDCJ will accommodate a Native American religious organization at C. T. Terrell Unit. Your letter confirms in my mind TDCJ’s commitment to accommodation in principle for the free practice of Native American spirituality, presumably within the framework that certain Indian inmates there have lately proposed. It is my purpose in writing to you to make further progress towards accommodation in fact, a condition which does not yet appear to have been achieved.
Before making any further submissions, I would like to establish with your office my standing in this service. First and foremost, I have been named by the congregation of Native American devotees at C T Terrell Unit, Roaming Buffalo Clan, as their agent, and I have been given this commission in writing. Second, I have the corporate support of my own congregation. This corporate support was confirmed by minute at our Meeting for Business at its regular monthly meeting on 1/3/10, and the Meeting Clerk’s letter 1/25/10 to Chairman Bell offers to introduce me “to inmates, officials and Friends in Texas as one familiar with the condition of Indian inmates and as one active in the concern for Native American devotees in our state and federal prisons.” I offer these bona fides so that you will appreciate that mine is not a casual, personal, or passing interest. Having once encouraged these Indian brothers to combine and hearing from them that they met stiff resistance to what your Department has now confirmed are legitimate aspirations, I feel myself under the weight of an obligation to do what I can to see that this Hoop be well established. I am, as you might imagine, in regular correspondence with the chief person of this Hoop. Recently, I have asked him to keep me informed approximately monthly of their condition. His latest report is not encouraging.
Your letter 3/16/10 acknowledges difficulties - “challenges” - that your Department faces in making adequate provisions for these and other Native American devotees, which I can appreciate; and it reiterates limitations imposed upon them by TDCJ policy directives, copies of which I have been provided. I am willing, at this time, to work towards – and to encourage my Indian friends accept as accommodation-in-fact - conditions at C T Terrell Unit within bounds of these official guidelines, but to their widest latitudes. Given that the legal standard for the burden of their religious practice is “least restrictive means”, this seems to me neither too much to ask nor too much to expect. The expectation that a mutual understanding on your part would prompt would be, in my view, for your office to see how much can be done for these men in this dimension of their prison life rather than how little within the guidelines, which seems to have been a prevailing mood for some months past. Fortunately for all of us, there is a ready mechanism for assessing progress in this concern. This is a “results-based” exercise. Written formulations are not conclusive. Whatever is said in print must be visibly and tangibly demonstrated and sustained by the men and by the staff at the Unit.
I would like to suggest to you that, while I am an agent for these men and their advocate, my relations with your office are collegial. I hope to offer you as well as Indian friends an alternative to the adversarial approaches that often characterize inmate-institution relations. While I may sometimes refer to legal principles, for example, I am unwilling at any time to support or even to suggest any legal action by these men against TDCJ inasmuch as I would be unable to do so and remain consistent with Friends’ principles of peacemaking. Rather, I am bound to speak positively to these men in favor of your just institutional goals, even your means and ends for the most part. I have already, in fact, suggested to them that their ‘strategy’ be to arrange and conduct themselves so that they can begin to approach the full accommodation for their traditional spirituality as is now provided for in policy and procedure directives. Also, I have advised them that the limits of their accommodation are, in some ways, contingent upon their own actions, that basically, TDCJ programs are “behavioral” models: desired action is positively reinforced with more latitude; undesired action is negatively reinforced with less.
Now, with your letter to me of 3/16/10 and their most recent one to me 4/3/10 laid side by side, shortfalls between accommodation in principle and accommodation in fact are readily apparent, if one were to confirm these reported conditions:
• Open dialogue in weekly meetings is censored. Inmates are barred from ‘teaching’ and time limits on speakers are superimposed. A “Christian volunteer” is not allowed to ‘teach’. An outsider is presumed necessary for performance of ceremonies and other religious functions.
• The chaplain does not have the trust or confidence of the men. He is regarded as non-responsive, abrupt, and summarily dismissive of their own inquiries and appeals. Reportedly, grievances “disappear” or simply go unanswered and efforts to organize are suppressed with warnings of reductions of scheduled activities.
• Material provisions and their storage are inadequate. Sacred herbs are not available, their provision not assured. Inadequate storage facility is made the occasion for confiscations.
• Sacraments have been denied for “6 – 8 months”. There is no Pipe. Ceremonies are not performed.
• Perfunctory citation of “security” is used to justify questionable or arbitrary restrictions, to stifle expression, to deflect inquiries.
Director, I have been witness to more than a few Native American Hoops in both state and federal prisons. This is simply not how even minimally accommodated ones report themselves. It is, however, consistent with examples elsewhere of how rules are enforced with an intention to minimize rather than to maximize religious program opportunities for Indian inmates. Inasmuch as “least restrictive means” is a “strict scrutiny” standard, it would seem to be incumbent upon you to maintain a close watch upon program development at C T Terrell Unit until this situation improves and stabilizes.
I have not included in this list of current grievances restrictions that might well be tolerable but are contrary to the letter of current TDCJ policies and guidelines, such as the possession of “dream-catchers”, decoration of medicine bags, etc. I note, however, that some of these conditions are the same that I reported to Chairman Bell in my letter 1/26/10 so that while some burdens appear to have been lifted, others, it would seem, remain. Certainly, my Indian friends still feel much aggrieved; and that is something that is not, I can say from experience, an inevitable product of men’s confinement but something that is, as often as not, reflexive of a frustration with inadequate address of spiritual needs.
It cannot escape notice that some of these men’s complaints have been addressed since Friends appealed to your Department so that conditions have lately improved somewhat at C T Terrell Unit, and we are all grateful for that; however, one thing that this indicates to me is that your office recognized that these grievances were legitimate. I see every reason to suppose, therefore, that with further effort on your part, we will be able to see that more improvement can be made.
One item of particular interest to me is the whereabouts of the ten sets of organizational and educational materials in red folders that I sent some time ago together with the dozen or so books that were lately approved and placed in the prison library. Your letter does not say whether these materials were approved, disapproved, impounded or discarded; however, my Indian friends say they have not yet seen them and I have been obliged to send one copy to their chief person. Before I make additional copies, I would like to know, first, that they will not be redundant and second, that they will be admitted to the institution, safely stored and readily available.
I would also like to know if any material provisions such as sacred herbs are needed and if they can be properly kept and what immediate provisions there are for sacramental tobacco to be provided to these men, either for “prayer ties” or for a Pipe ceremony.
Thank you for your consideration of this submission.
Yours truly, William O. Miles
Wednesday, April 21, 2010
April 7, 2010
Oliver J. Bell, Chairman
Texas Board of Criminal Justice
PO Box 13084
Austin, TX 78711
Dear Oliver J. Bell,
Thank you for your letter 2/26/10 addressing the Meeting’s concern for Indian inmates at C. T. Terrell Unit in Rosharon, TX, and for the copies of your departments policies covering the practices of Native American devotees held in custody by TDCJ.
It is my sense of your letter that you agree in principle with the substance of our appeal on behalf of Indian friends at Rosharon, that is, that the TDJC will accommodate a Native American religious organization at C. T. Terrell Unit, presumably within the framework that certain Indian inmates there have lately proposed, which were submitted to your office. This framework expressly provides that the Hoop accepts that all of its activities shall be conducted openly under the oversight of the Warden, with direct supervision by the chaplain and/or other offices under control of the Warden, and that it shall make no policies or “by-laws” of its own contrary to the good order of the Institution.
The Meeting is grateful for your understanding and this positive and constructive response to Friends’ appeal. It is our hope that Native American devotees at C.T. Terrell Unit will - within a short period of time - be able, in fact, to act as a congregation for the faith and practice of traditional Native American spirituality and to provide mutual support for the increase of understanding and free practice of Native American religion in good order within the confines of the Institution. We remain open to them, and to you, in expectation of the fulfillment of these aspirations within the limits of your current policies.
Regarding Native American religious practice in general currently within TDJC: we appreciate the acute difficulties in locating and recruiting volunteers to support Indian inmates in their spiritual discipline and religious programs. While it would appear that direct support of any program on-site in Rosharon by a member of our Meeting is beyond our present capacity, we will do what we can to inform others of the ever-present need there. We would encourage your staff to understand that there is a great deal that can be accomplished by the men themselves from their own reservoirs of experience. Friends have witnessed on many occasions how peaceably spiritually-motivated and self-disciplined men can conduct themselves, even within the confines of prison institutions.
Thank you again for your agency in improving the condition of these men.
Yours truly,
Frederick J. Leonard, Clerk
Oliver J. Bell, Chairman
Texas Board of Criminal Justice
PO Box 13084
Austin, TX 78711
Dear Oliver J. Bell,
Thank you for your letter 2/26/10 addressing the Meeting’s concern for Indian inmates at C. T. Terrell Unit in Rosharon, TX, and for the copies of your departments policies covering the practices of Native American devotees held in custody by TDCJ.
It is my sense of your letter that you agree in principle with the substance of our appeal on behalf of Indian friends at Rosharon, that is, that the TDJC will accommodate a Native American religious organization at C. T. Terrell Unit, presumably within the framework that certain Indian inmates there have lately proposed, which were submitted to your office. This framework expressly provides that the Hoop accepts that all of its activities shall be conducted openly under the oversight of the Warden, with direct supervision by the chaplain and/or other offices under control of the Warden, and that it shall make no policies or “by-laws” of its own contrary to the good order of the Institution.
The Meeting is grateful for your understanding and this positive and constructive response to Friends’ appeal. It is our hope that Native American devotees at C.T. Terrell Unit will - within a short period of time - be able, in fact, to act as a congregation for the faith and practice of traditional Native American spirituality and to provide mutual support for the increase of understanding and free practice of Native American religion in good order within the confines of the Institution. We remain open to them, and to you, in expectation of the fulfillment of these aspirations within the limits of your current policies.
Regarding Native American religious practice in general currently within TDJC: we appreciate the acute difficulties in locating and recruiting volunteers to support Indian inmates in their spiritual discipline and religious programs. While it would appear that direct support of any program on-site in Rosharon by a member of our Meeting is beyond our present capacity, we will do what we can to inform others of the ever-present need there. We would encourage your staff to understand that there is a great deal that can be accomplished by the men themselves from their own reservoirs of experience. Friends have witnessed on many occasions how peaceably spiritually-motivated and self-disciplined men can conduct themselves, even within the confines of prison institutions.
Thank you again for your agency in improving the condition of these men.
Yours truly,
Frederick J. Leonard, Clerk
Thursday, March 11, 2010
March 10, 2010
Roaming Buffalo Clan
C T Terrell Unit
1300 FM 655
Rosharon, TX 77583
Dear Brothers, Aho.
Thank you for your Letter 3/3/10, which confirms some past correspondence and provides me with the request, assignment and other information that I requested. You may, of course, respond directly to Frederick Leonard, Clerk at Stony Run, if you wish, with any expressions that you might wish to convey to the Meeting as a whole; but I am effectively your ‘point of contact‘ in this service. I am pleased to have contact information for your volunteer-visitor and I intend to contact her in order that our path as we walk together with you is smooth.
It will be, I think, of great interest and satisfaction to you to hear that we have received a response from Oliver J. Bell, Chairman of the Texas Board of Criminal Justice (TBCJ). In the organization of the Texas state government, the TBCJ has oversight responsibility for the prison system and therefore his is both an official response and authoritative, that is, a binding directive to his subordinates. In addition to providing us with us with copies of directives (“policies”) that immediately govern your religious practice, his letter include the following:
“…These policies will guide the Roaming Buffalo Clan on how to comply with the TDJC policies and procedures. Once established, our staff will work to create opportunities for the offenders to pursue their religious beliefs and participate in religious activities and programs that do not endanger the safe, secure and orderly operation of the agency.”
In my view, this letter amounts to a formal notice by the state of Texas of “accommodation in principle” of a Native American religious organization at C T Terrell Unit. You will notice that the chairman recognizes the Hoop by name in his letter (several times, in fact) and does not qualify or restrict in any way approval to individuals separately. By his authority then, I suggest that you are entitled to form and operate a peaceable, orderly and transparent association among yourselves, by yourselves and for yourselves, not necessarily under the guidance or authority of anyone outside the institution, although I would say that you are free to do so if you can and if you wish. With this approval in hand, I think that you will find that obstacles and obstructions that you have met locally in the past will be removed, especially if you now make applications and requests in a Good Way. Let me know again how things are in about a month.
Still, we are not all out of the woods yet. While I am gratified by this response from TBCJ, I will not feel relieved of my obligation to you until you have achieved “accommodation in fact”, that is, that you are truly able to combine in a Hoop for traditional ceremonies and observances, at least presently to the extent provided for in these known and approved policies and procedures. I will, as you request, supply you again with copies of your constitution documents so that you can resubmit them for acceptance - I wouldn’t say for “approval“; I’d say that because they were submitted as an attachment to my appeal to TBCJ they have, in effect, already been approved.
The way ahead is not entirely clear and it is not now guaranteed to be easy for you, but I believe that the way is now opening for you. I suggest that your ‘strategy’ be to arrange and conduct yourselves so that you begin to approach the full accommodation for your traditional spirituality that is now provided for in the policy and procedure directives. That’s a fair bit of work and will probably take you some time, but there it is - hokahey ! hokahey !
But be advised that the limits of your accommodation are, in some ways, contingent upon your own actions. Basically, it’s a “behavioral” model: desired action is positively reinforced with more latitude; undesired action is negatively reinforced with less. At least, that’s the way it’s supposed to work. One question: is there one among you who believes himself - and others believe him - to be qualified to lead a Pipe Ceremony ?
Now, in looking over these TDCJ policies and procedures, it is not clear to me that, in all circumstances, they would fully meet the prevailing legal standard for the burden of your religious practice, and this is something that I intend to look into further. However that may be, I think that you are in a very poor position to assert rights in excess of prescribed limits. An enlargement of the extreme boundaries of limitations must, I suggest, be left to others on the ‘outside’, advocates for your cause. Any questioning or testing by you of these limits as now established will almost certainly be viewed as a challenge to authority and will likely be dealt with as a disciplinary problem. I think that you will have enough to do for now - especially in the absence of an outside volunteer advisor from within your own spiritual frame - simply to form and operate a Hoop up to the full range of opportunity now affordable. Let me - between now and when accommodation-in-fact has been achieved - see if there is more or else required of me in this work with you.
I have found it unwise to claim as well as difficult to establish in this work a cause-and-effect between Friends’ actions and improvements in institutional conditions. As a companion of mine in this ministry once said, “You can get just about anything done as long as you are willing not to take credit for it.” If your condition continues to improve (as I think it has already), let it be to the credit of those who actually make the positive changes. Let your thanks be to the Creator, who oversees all these things. My satisfaction will be that I heard this call and answered.
Mitakuye oyasin,
William O. Miles
Roaming Buffalo Clan
C T Terrell Unit
1300 FM 655
Rosharon, TX 77583
Dear Brothers, Aho.
Thank you for your Letter 3/3/10, which confirms some past correspondence and provides me with the request, assignment and other information that I requested. You may, of course, respond directly to Frederick Leonard, Clerk at Stony Run, if you wish, with any expressions that you might wish to convey to the Meeting as a whole; but I am effectively your ‘point of contact‘ in this service. I am pleased to have contact information for your volunteer-visitor and I intend to contact her in order that our path as we walk together with you is smooth.
It will be, I think, of great interest and satisfaction to you to hear that we have received a response from Oliver J. Bell, Chairman of the Texas Board of Criminal Justice (TBCJ). In the organization of the Texas state government, the TBCJ has oversight responsibility for the prison system and therefore his is both an official response and authoritative, that is, a binding directive to his subordinates. In addition to providing us with us with copies of directives (“policies”) that immediately govern your religious practice, his letter include the following:
“…These policies will guide the Roaming Buffalo Clan on how to comply with the TDJC policies and procedures. Once established, our staff will work to create opportunities for the offenders to pursue their religious beliefs and participate in religious activities and programs that do not endanger the safe, secure and orderly operation of the agency.”
In my view, this letter amounts to a formal notice by the state of Texas of “accommodation in principle” of a Native American religious organization at C T Terrell Unit. You will notice that the chairman recognizes the Hoop by name in his letter (several times, in fact) and does not qualify or restrict in any way approval to individuals separately. By his authority then, I suggest that you are entitled to form and operate a peaceable, orderly and transparent association among yourselves, by yourselves and for yourselves, not necessarily under the guidance or authority of anyone outside the institution, although I would say that you are free to do so if you can and if you wish. With this approval in hand, I think that you will find that obstacles and obstructions that you have met locally in the past will be removed, especially if you now make applications and requests in a Good Way. Let me know again how things are in about a month.
Still, we are not all out of the woods yet. While I am gratified by this response from TBCJ, I will not feel relieved of my obligation to you until you have achieved “accommodation in fact”, that is, that you are truly able to combine in a Hoop for traditional ceremonies and observances, at least presently to the extent provided for in these known and approved policies and procedures. I will, as you request, supply you again with copies of your constitution documents so that you can resubmit them for acceptance - I wouldn’t say for “approval“; I’d say that because they were submitted as an attachment to my appeal to TBCJ they have, in effect, already been approved.
The way ahead is not entirely clear and it is not now guaranteed to be easy for you, but I believe that the way is now opening for you. I suggest that your ‘strategy’ be to arrange and conduct yourselves so that you begin to approach the full accommodation for your traditional spirituality that is now provided for in the policy and procedure directives. That’s a fair bit of work and will probably take you some time, but there it is - hokahey ! hokahey !
But be advised that the limits of your accommodation are, in some ways, contingent upon your own actions. Basically, it’s a “behavioral” model: desired action is positively reinforced with more latitude; undesired action is negatively reinforced with less. At least, that’s the way it’s supposed to work. One question: is there one among you who believes himself - and others believe him - to be qualified to lead a Pipe Ceremony ?
Now, in looking over these TDCJ policies and procedures, it is not clear to me that, in all circumstances, they would fully meet the prevailing legal standard for the burden of your religious practice, and this is something that I intend to look into further. However that may be, I think that you are in a very poor position to assert rights in excess of prescribed limits. An enlargement of the extreme boundaries of limitations must, I suggest, be left to others on the ‘outside’, advocates for your cause. Any questioning or testing by you of these limits as now established will almost certainly be viewed as a challenge to authority and will likely be dealt with as a disciplinary problem. I think that you will have enough to do for now - especially in the absence of an outside volunteer advisor from within your own spiritual frame - simply to form and operate a Hoop up to the full range of opportunity now affordable. Let me - between now and when accommodation-in-fact has been achieved - see if there is more or else required of me in this work with you.
I have found it unwise to claim as well as difficult to establish in this work a cause-and-effect between Friends’ actions and improvements in institutional conditions. As a companion of mine in this ministry once said, “You can get just about anything done as long as you are willing not to take credit for it.” If your condition continues to improve (as I think it has already), let it be to the credit of those who actually make the positive changes. Let your thanks be to the Creator, who oversees all these things. My satisfaction will be that I heard this call and answered.
Mitakuye oyasin,
William O. Miles
Thursday, January 28, 2010
INDIAN AFFAIRS
Homewood - Stony Run
January 29, 2010
Oliver J. Bell, Chairman
Texas Board of Criminal Justice
P. O. Box 13084
Austin, Texas 78711
Dear Oliver Bell,
You will have recently received a letter from Frederick W. Leonard, Clerk of Baltimore Monthly Meeting of Friends, Stony Run, confirming the Meeting’s support for the establishment and function of Roaming Buffalo Clan as a Native American religious organization by certain inmates at C T Terrell Unit in Rosharon. The Meeting encourages the Texas Department of Justice to make adequate accommodation for the faith and practices of Roaming Buffalo Clan as a peaceable, orderly and transparent means for the exercises of traditional Native American spirituality, consistent with prevailing legal standards. The Clerk’s letter also introduces me as one familiar with the condition of Indian inmates and as one active in the concern for Native American devotees in our state and federal prisons.
As one bearing the weight of this concern, I am writing to you in order to enlarge upon our expectations in the matter. Inasmuch as Friends desire you “to make adequate accommodation for the faith and practices of Roaming Buffalo Clan”, I think it will be useful for me to describe what I think “adequate accommodation” means. In short, it would be for the Texas Board of Criminal Justice to assure that those inmates who make a self-declaration of religious preference as “Native American” be allowed to act as a congregation for the faith and practice of traditional Native American spirituality including, but not limited to, the expression of beliefs, the observance of obligations and the performance of ceremonies, rites and rituals found among the traditional and indigenous peoples of the Americas and also to provide for and to exercise the individual and collective study of the myths, legends, narratives, traditions, customs, history, art, culture and folkways of the traditional and indigenous peoples of the Americas.
Without presuming to propose any internal order at C T Terrell Unit, it seems to me that any meaningful accomplishment of accommodation would include, at a minimum, the scheduling of regular times for both devotional activities as well as for educational activities more or less equivalent to the times allotted to other faith groups. Further, accommodation would, in my view, make allowances for such unique Native American religious expressions as a constant wearing of medicine bags and the administratively controlled use of sacred herbs, including incense cedar, sage, white sage, sweet grass, copal, canli (tobacco) etc. and appropriate displays of cultural identity, such as long hair styles and accessories of dress on occasion.
Whatever my personal understanding of Native American religion is or my sense of its accommodation at C T Terrell Unit might be, however, Friends would not have me prescribe them either to you or to our Indian friends. Personally, I do not lead my Indian brothers in their faith and practice, I follow. Collectively, we appreciate that the Texas Department of Justice has the authority to regulate and oversee the conduct of Native American devotions in a manner consistent with prevailing legal standards. But it is our understanding that presently all inmates’ religious activities may be burdened only by reason of “compelling government interests” and only then by the “least restrictive means”; and it is because of this understanding that we have addressed ourselves to you. There are strong indications to us that the staff at C T Terrell Unit presently fails to meet this standard.
Our Indian friends tell us that the administration at C T Terrell Unit refuses to acknowledge their congregation as a ‘Hoop’ and that their assigned chaplain refuses to assist them in any way to form it so by proper procedures through administrative channels.
Our Indian friends tell us that they are denounced without justification as a ‘gang’, that their licit activities are declared ’illegal’ and that they have been subjected to disciplinary actions for their activity and ’retaliations’ such as insult and verbal abuse for their beliefs.
Our Indian friends tell us that they are not allowed to wear their medicine bags or medallions at times and that their meetings for worship have been suspended.
Our Indian friends tell us that they have not been provided for some months with sacred herbs but with some “shredded grass” that is meaningless to them.
Our Indian friends tell us that they are willfully misdirected and obstinately misinformed by those with authority over them about their rights to religious organization under the Texas Department of Justice’s own regulations and guidelines.
My Indian brothers tell me that books for their study and copies of organizational and educational materials that I sent in care of the chaplain’s office have been denied to them, that their chaplain has denied even that they were received at the Unit, though I have independently confirmed the delivery.
Such harsh treatment as this - if found, in fact, to be true - would hardly be considered the “least restrictive means” of burdening religious practice. Friend, it would be more than foolish to abuse captive men in this way; it would be both unprofessional and dishonorable.
Friend, I urge to you to discover for yourself what is the condition of the Native American devotees at C T Terrell Unit at this time and to apply such remedial influence as you must have to any substandard condition you find there so that the staff at C T Terrell Unit will demonstrate toleration for traditional Native American devotions and other licit activities by the congregation of Roaming Buffalo Clan, consistent with legitimate institutional needs including safety and security. I urge you to read for yourself the manual of procedure that has been adopted as a “constitution” for the Native American congregation at C T Terrell Unit [ See POSTING, below ] and to disallow anything within that frame that is contrary to the good order of the institution, anything that is not peaceable, orderly and transparent.
Friend, I believe that if the Texas Board of Criminal Justice attends to this matter, relief for my Indian brothers will be quick in coming and that I shall hear from them about it soon thereafter. This will be a release as well as a relief to me.
Thank you for your consideration.
Yours truly,
William O. Miles
Homewood - Stony Run
January 29, 2010
Oliver J. Bell, Chairman
Texas Board of Criminal Justice
P. O. Box 13084
Austin, Texas 78711
Dear Oliver Bell,
You will have recently received a letter from Frederick W. Leonard, Clerk of Baltimore Monthly Meeting of Friends, Stony Run, confirming the Meeting’s support for the establishment and function of Roaming Buffalo Clan as a Native American religious organization by certain inmates at C T Terrell Unit in Rosharon. The Meeting encourages the Texas Department of Justice to make adequate accommodation for the faith and practices of Roaming Buffalo Clan as a peaceable, orderly and transparent means for the exercises of traditional Native American spirituality, consistent with prevailing legal standards. The Clerk’s letter also introduces me as one familiar with the condition of Indian inmates and as one active in the concern for Native American devotees in our state and federal prisons.
As one bearing the weight of this concern, I am writing to you in order to enlarge upon our expectations in the matter. Inasmuch as Friends desire you “to make adequate accommodation for the faith and practices of Roaming Buffalo Clan”, I think it will be useful for me to describe what I think “adequate accommodation” means. In short, it would be for the Texas Board of Criminal Justice to assure that those inmates who make a self-declaration of religious preference as “Native American” be allowed to act as a congregation for the faith and practice of traditional Native American spirituality including, but not limited to, the expression of beliefs, the observance of obligations and the performance of ceremonies, rites and rituals found among the traditional and indigenous peoples of the Americas and also to provide for and to exercise the individual and collective study of the myths, legends, narratives, traditions, customs, history, art, culture and folkways of the traditional and indigenous peoples of the Americas.
Without presuming to propose any internal order at C T Terrell Unit, it seems to me that any meaningful accomplishment of accommodation would include, at a minimum, the scheduling of regular times for both devotional activities as well as for educational activities more or less equivalent to the times allotted to other faith groups. Further, accommodation would, in my view, make allowances for such unique Native American religious expressions as a constant wearing of medicine bags and the administratively controlled use of sacred herbs, including incense cedar, sage, white sage, sweet grass, copal, canli (tobacco) etc. and appropriate displays of cultural identity, such as long hair styles and accessories of dress on occasion.
Whatever my personal understanding of Native American religion is or my sense of its accommodation at C T Terrell Unit might be, however, Friends would not have me prescribe them either to you or to our Indian friends. Personally, I do not lead my Indian brothers in their faith and practice, I follow. Collectively, we appreciate that the Texas Department of Justice has the authority to regulate and oversee the conduct of Native American devotions in a manner consistent with prevailing legal standards. But it is our understanding that presently all inmates’ religious activities may be burdened only by reason of “compelling government interests” and only then by the “least restrictive means”; and it is because of this understanding that we have addressed ourselves to you. There are strong indications to us that the staff at C T Terrell Unit presently fails to meet this standard.
Our Indian friends tell us that the administration at C T Terrell Unit refuses to acknowledge their congregation as a ‘Hoop’ and that their assigned chaplain refuses to assist them in any way to form it so by proper procedures through administrative channels.
Our Indian friends tell us that they are denounced without justification as a ‘gang’, that their licit activities are declared ’illegal’ and that they have been subjected to disciplinary actions for their activity and ’retaliations’ such as insult and verbal abuse for their beliefs.
Our Indian friends tell us that they are not allowed to wear their medicine bags or medallions at times and that their meetings for worship have been suspended.
Our Indian friends tell us that they have not been provided for some months with sacred herbs but with some “shredded grass” that is meaningless to them.
Our Indian friends tell us that they are willfully misdirected and obstinately misinformed by those with authority over them about their rights to religious organization under the Texas Department of Justice’s own regulations and guidelines.
My Indian brothers tell me that books for their study and copies of organizational and educational materials that I sent in care of the chaplain’s office have been denied to them, that their chaplain has denied even that they were received at the Unit, though I have independently confirmed the delivery.
Such harsh treatment as this - if found, in fact, to be true - would hardly be considered the “least restrictive means” of burdening religious practice. Friend, it would be more than foolish to abuse captive men in this way; it would be both unprofessional and dishonorable.
Friend, I urge to you to discover for yourself what is the condition of the Native American devotees at C T Terrell Unit at this time and to apply such remedial influence as you must have to any substandard condition you find there so that the staff at C T Terrell Unit will demonstrate toleration for traditional Native American devotions and other licit activities by the congregation of Roaming Buffalo Clan, consistent with legitimate institutional needs including safety and security. I urge you to read for yourself the manual of procedure that has been adopted as a “constitution” for the Native American congregation at C T Terrell Unit [ See POSTING, below ] and to disallow anything within that frame that is contrary to the good order of the institution, anything that is not peaceable, orderly and transparent.
Friend, I believe that if the Texas Board of Criminal Justice attends to this matter, relief for my Indian brothers will be quick in coming and that I shall hear from them about it soon thereafter. This will be a release as well as a relief to me.
Thank you for your consideration.
Yours truly,
William O. Miles
Wednesday, January 20, 2010
Consistent with long-standing Quaker interests, historic concerns and recurring testimonies of amity with Indian peoples, empathy with prison inmates and broad toleration for religious diversity, Baltimore Monthly Meeting of Friends, Stony Run, supports the establishment and function of Roaming Buffalo Clan as a Native American religious organization by certain inmates at C T Terrell Unit in Rosharon, Texas. This corporate support was confirmed by our Meeting for Business at its regular monthly meeting on 1/3/10, and it is my purpose in writing, on behalf of the Meeting,:
· To encourage the Texas Department of Justice to make adequate accommodation for the faith and practices of Roaming Buffalo Clan as a peaceable, orderly and transparent means for the exercises of traditional Native American spirituality, consistent with prevailing legal standards;
· To urge the staff at C T Terrell Unit to demonstrate toleration for traditional Native American devotions and other licit activities by the congregation of Roaming Buffalo Clan, consistent with legitimate institutional needs including safety and security;
· To advise Indian friends to exercise good faith, good will and good order within the framework they have established by a constitution for Roaming Buffalo Clan posted, together with related documents, at http://roamingbuffaloclan.blogspot.com/;
· To inform Friends in Texas of our concern and to hold up the condition of Indian inmates to them for their consideration in the Light;
· and, if necessary, to introduce our member, William O. Miles, to inmates, officials and Friends in Texas as one familiar with the condition of Indian inmates and as one active in the concern for Native American devotees in our state and federal prisons.
Beyond this immediate concern, it is, of course, our hope and expectation that the Texas Department of Criminal Justice continually assures the free practice of traditional religion for all of the Native American devotees in its custody and under its supervision.
Yours truly, Frederick W. Leonard, Clerk of Meeting
Distribution 1/25/10
Roaming Buffalo Clan
C T Terrell Unit
James Jones, Senior Warden
C T Terrell Unit
Oliver J. Bell, Chairman
Texas Board of Criminal Justice
CC: Tom Mechler, Vice-Chairman
Brad Livingston, Executive Director
Leopoldo "Leo" Vasquez III, Secretary
John "Eric" Gambrell
Carmen Villanueva-Hiles
Charles Lewis Jackson, Pastor
Janice Harris Lord
R. Terrell McCombs
J. David Nelson
Live Oak Friends Meeting
Galveston Friends Meeting
San Antonio Friends Meeting
Friends Meeting of Austin
Caddo Friends Meeting
Dallas Friends Meeting
Fort Worth Friends Meeting
Hill Country Friends Meeting
· To encourage the Texas Department of Justice to make adequate accommodation for the faith and practices of Roaming Buffalo Clan as a peaceable, orderly and transparent means for the exercises of traditional Native American spirituality, consistent with prevailing legal standards;
· To urge the staff at C T Terrell Unit to demonstrate toleration for traditional Native American devotions and other licit activities by the congregation of Roaming Buffalo Clan, consistent with legitimate institutional needs including safety and security;
· To advise Indian friends to exercise good faith, good will and good order within the framework they have established by a constitution for Roaming Buffalo Clan posted, together with related documents, at http://roamingbuffaloclan.blogspot.com/;
· To inform Friends in Texas of our concern and to hold up the condition of Indian inmates to them for their consideration in the Light;
· and, if necessary, to introduce our member, William O. Miles, to inmates, officials and Friends in Texas as one familiar with the condition of Indian inmates and as one active in the concern for Native American devotees in our state and federal prisons.
Beyond this immediate concern, it is, of course, our hope and expectation that the Texas Department of Criminal Justice continually assures the free practice of traditional religion for all of the Native American devotees in its custody and under its supervision.
Yours truly, Frederick W. Leonard, Clerk of Meeting
Distribution 1/25/10
Roaming Buffalo Clan
C T Terrell Unit
James Jones, Senior Warden
C T Terrell Unit
Oliver J. Bell, Chairman
Texas Board of Criminal Justice
CC: Tom Mechler, Vice-Chairman
Brad Livingston, Executive Director
Leopoldo "Leo" Vasquez III, Secretary
John "Eric" Gambrell
Carmen Villanueva-Hiles
Charles Lewis Jackson, Pastor
Janice Harris Lord
R. Terrell McCombs
J. David Nelson
Live Oak Friends Meeting
Galveston Friends Meeting
San Antonio Friends Meeting
Friends Meeting of Austin
Caddo Friends Meeting
Dallas Friends Meeting
Fort Worth Friends Meeting
Hill Country Friends Meeting
Tuesday, January 19, 2010
CONSTITUTION
Native American religious organization
C T Terrell Unit – Rosharon, TX
ARTICLE 1: Name
1. The name of the Native American religious organization at C T Terrell Unit hereinafter “the Institution” shall be Roaming Buffalo Clan, hereinafter “the Hoop”.
ARTICLE 2: Business address
1. The address of the Hoop is
Roaming Buffalo Clan
C T Terrell Unit
1300 FM 655
Rosharon, TX 77583
ARTICLE 3: Purpose
1. The purpose of the Hoop is to act as a congregation for the faith and practice of traditional Native American spirituality - sometimes called “The Red Road” -including, but not limited to, the expression of beliefs, the observance of obligations and the performance of ceremonies, rites and rituals found among the traditional and indigenous peoples of the Americas.
2. It is also the purpose of the Hoop to provide for and to exercise the individual and collective study of the myths, legends, narratives, traditions, customs, history, art, culture and folkways of the traditional and indigenous peoples of the Americas, sometimes called “Indians”.
3. It is not the purpose of the Hoop to dictate to any member the boundaries or particulars of personal belief nor to prescribe any manner of practice nor to require or regulate conduct within the frame of Native American devotions; but it is the purpose of the Hoop to provide mutual support for the increase of understanding and free practice of Native American religion in good order within the confines of the Institution in the traditional manners already familiar to them and in such manners as they shall come to understand and appreciate.
ARTICLE 4: Authority
1. The spiritual authority for the establishment of the Hoop is the divine power of the Creator as it finds expression in traditional forms of devotion indigenous to the Americas.
2. The temporal authority for the establishment of Hoop in the Institution is state and federal law.
3. The Hoop acknowledges that the Institution has the authority to regulate the conduct of Native American devotions, but only in a manner consistent with prevailing legal standards. The Hoop understands that presently its religious activities may be burdened by the Institution only by reason of “compelling government interests” and only then by the “least restrictive means”#.
4. The Hoop accepts that all of its activities shall be conducted openly under the oversight of the Warden, with direct supervision by the chaplain and/or other offices under control of the Warden.
ARTICLE 5: Membership
1. Membership in the Hoop is open to all resident inmates at the Institution who voluntarily declare and appropriately designate their Religious Preference as “Native American” on official forms#.
2. Membership in the Hoop shall be contingent upon understanding of, agreement to and signature of this Constitution with all of its provisions, including its Amendments and By-Laws.
3. The Hoop shall not require any payment or any donation in kind as a requirement for membership in the Hoop or for participation in any of its devotions#.
4. Membership in the Hoop shall be terminated by a member’s own change in his Religious Preference to “None” or to other than “Native American” on official forms, or by transfer or release from this institution .#
5. If at any time the number of members in the Hoop shall fall to zero, the Hoop in its present constitution shall be dissolved, but a subsequent Hoop may be reformed by these or other provisions.
ARTICLE 6: Governance
1. Consistent with traditional Native American customs and practice, the nature of governance of the Hoop is communal and cooperative, not hierarchical or authoritarian#.
2. The Hoop’s means of governance for the conduct of its own affairs shall be by the collective deliberation of a Grand Council, which shall consist of all of its members meeting and acting together as a committee-of-the-whole#.
3. The Grand Council shall meet regularly, and it shall meet at least once every three months. In the absence of an executive Council, the Grand Council shall meet at least once every month.
4. The Grand Council may from time to time appoint to itself from among its members officers and/or officials for the conduct of its affairs in good order. These officers or officials may include some or all of the following, whose duties and responsibilities may be further defined by the Grand Council#:
a. Elders: Elders are the Hoop’s primary resource for discernment and guidance. Elders are senior men#, familiar and practiced in Native American culture and traditions and are recognized by the Hoop for their knowledge, experience, understanding and insight.
b. Spiritual Leader(s). Spiritual Leaders can be relied upon to initiate, lead or otherwise faithfully oversee ceremonial functions. A spiritual leader is one already familiar and practiced in Native American spirituality and recognized by the Hoop for his wisdom, humility and generosity.
c. Chief or Spokesman: One who sits at the head of the Grand Council, who acts as liaison with the Institution and outside agencies, and who is recognized by the Hoop for his tact, diplomacy and good judgment. The Chief shall act generally as official spokesman for the Hoop during his tenure unless another person shall be recognized by the Grand Council to be Spokesman with limited tenure for a specific purpose or event.
d. Recorder: One who produces, maintains and keeps a written record of all Hoop proceedings; who manages accounts, correspondence and other clerical duties; and who is recognized by the Hoop for his abilities and integrity.
e. Door Keeper: One who stands outside the Sacred Circle when ceremonies are in progress and shelters the Hoop.
f. Fire Keeper: One who is responsible for the possession and storage of the Sacred Herbs and their accouterments, who prepares Sacred Herbs for ceremonies and conducts incensings. The Fire Keeper may have one or more Assistants who aid him in his duties so that they may learn them.
g. Pipe Keeper: One who is responsible for the care and maintenance of the Sacred Pipe and its accouterments, who prepares the Pipe for ceremonies and recovers it afterwards#. The Pipe Keeper may have one or more Assistants who aid him in his duties so that they may learn them.
h. (Lead) Drummer: One who is responsible for the care and maintenance of the Sacred Drum and its accouterments, who prepares the Drum for ceremonies and recovers it afterwards. A Lead Drummer organizes and directs group drumming.
i. (Lead) Singer: One who knows and performs sacred songs. A Lead Singer organizes and directs group singing.
j. Other: as named and described by the Grand Council.
5. The Grand Council may appoint to itself from time to time committees of selected Hoop members for specific purposes or events. These committees shall name their own spokesman and report to the Grand Council.
6. Depending upon the size of the Hoop#, the Grand Council may appoint to itself an executive Council made up of named officers and/or officials of the Hoop, whose duties and responsibilities may be further defined by the Grand Council. Unless otherwise specified, the Council shall consist of all Elders.
ARTICLE 7: Policies and By-Laws
1. Only the Grand Council shall adopt Policies and By-Laws for the Hoop.
2. No Policies or By-Laws contrary to the good order of the Institution shall be adopted.
3. Policies adopted by the Grand Council may be intended for later approval as By-Laws.
4. All Policies and By-Laws shall be laid over at least thirty days after their final reading for approval.
5. Only a Grand Council of more than ten (10) members shall have authority to approve new By-Laws.
6. All new By-Laws shall be subject to review and approval by the Institution, whose approval should not be denied except on grounds of compelling government interest by least restrictive means
ARTICLE 8: Ratification
1. This Constitution of Roaming Buffalo Clan shall be ratified by those who enter into it with the subscription of their names and the date of their agreement to it.
2. This Constitution shall further be ratified by all new members who enter under it with the subscription of their names and the date of their agreement to it.
ARTICLE 9: Amendment
1. This Constitution shall be amended only by a Grand Council of more than twelve (12) members.
2. All amendments to this Constitution shall be laid over at least thirty days after their final reading for ratification.
3. All amendments to this Constitution shall be subject to review and approval by the Institution, whose approval should not be denied except on grounds of compelling government interest by least restrictive means.
ARTICLE 10: Perpetuation
1. To insure perpetuation of the Native American Religious Organization at C T Terrell Unit, all ceremonial sacred items that belong to Roaming Buffalo Clan are to be given to the Chaplain to be held in trust at the Institution in the event of the Hoop’s termination due to attrition, or for any other reason. These sacred ceremonial items: i.e. Sacred Pipe, Drum, Native American literature, rattle, feather fan, etc., will remain to be reawakened by any Native American devotees who may follow.
2. The last active Native American devotee of the Hoop shall have the responsibility to insure all sacred ceremonial items are entrusted to the Chaplain.
3. The Chaplain, upon request by two or more Native American devotees, may make provision for these sacred ceremonial items.
Mitakuye oyasin
BY-LAWS - Native American religious organization
C T Terrell Unit – Rosharon, TX
These By-Laws were adopted by the Grand Council of Roaming Buffalo Clan on date.
1. Membership shall by agreement with and subscription to this Constitution and shall be recorded by name, by date of their entry to and date of exit from the Hoop.
2. All decisions by the Grand Council and by any executive Counsel shall be made by a consensus# of present members, not by dictates or votes.
3. Agencies for the support of the Hoop can include both Indian and non-Indian individuals, congregations and groups with approved access to inmates.
4. All members and other participants in the Hoop’s education programs and other activities shall bear responsibility, individually and collectively, for the good order of those programs and activities.
5. All members and other participants in the Hoop’s ceremonies and other devotions shall bear responsibility, individually and collectively, for the sanctity of those ceremonies and devotions.
6. Hoop activities shall be practiced weekly as part of an established and regulated Native American religious program, but not to the exclusion of other traditional religious practices provided for in law, regulation and directive.
7. The ceremonies and activities of the Hoop shall be open to members at all stages of spiritual development, although some observances may require advance study.
8. The devotions of the Hoop shall seek to embrace the different traditional religious experiences and to accommodate the cultural diversity of its members.
9. The devotions of the Hoop shall at all times seek to express reverence for Sacred Earth and to realize respect for Life in a Good Way. While these expressions may vary in practice, their spirit and direction shall be consistent with the vital and authentic spiritual practices of Native Americans as they have been revealed - and continue to be revealed - by traditional native elders, prophets and teachers.
10. The ceremonies and activities of the Hoop shall be intended to produce Balance and Harmony with Creation and to induce proper relationships with the Creator.
Native American religious organization
C T Terrell Unit – Rosharon, TX
ARTICLE 1: Name
1. The name of the Native American religious organization at C T Terrell Unit hereinafter “the Institution” shall be Roaming Buffalo Clan, hereinafter “the Hoop”.
ARTICLE 2: Business address
1. The address of the Hoop is
Roaming Buffalo Clan
C T Terrell Unit
1300 FM 655
Rosharon, TX 77583
ARTICLE 3: Purpose
1. The purpose of the Hoop is to act as a congregation for the faith and practice of traditional Native American spirituality - sometimes called “The Red Road” -including, but not limited to, the expression of beliefs, the observance of obligations and the performance of ceremonies, rites and rituals found among the traditional and indigenous peoples of the Americas.
2. It is also the purpose of the Hoop to provide for and to exercise the individual and collective study of the myths, legends, narratives, traditions, customs, history, art, culture and folkways of the traditional and indigenous peoples of the Americas, sometimes called “Indians”.
3. It is not the purpose of the Hoop to dictate to any member the boundaries or particulars of personal belief nor to prescribe any manner of practice nor to require or regulate conduct within the frame of Native American devotions; but it is the purpose of the Hoop to provide mutual support for the increase of understanding and free practice of Native American religion in good order within the confines of the Institution in the traditional manners already familiar to them and in such manners as they shall come to understand and appreciate.
ARTICLE 4: Authority
1. The spiritual authority for the establishment of the Hoop is the divine power of the Creator as it finds expression in traditional forms of devotion indigenous to the Americas.
2. The temporal authority for the establishment of Hoop in the Institution is state and federal law.
3. The Hoop acknowledges that the Institution has the authority to regulate the conduct of Native American devotions, but only in a manner consistent with prevailing legal standards. The Hoop understands that presently its religious activities may be burdened by the Institution only by reason of “compelling government interests” and only then by the “least restrictive means”#.
4. The Hoop accepts that all of its activities shall be conducted openly under the oversight of the Warden, with direct supervision by the chaplain and/or other offices under control of the Warden.
ARTICLE 5: Membership
1. Membership in the Hoop is open to all resident inmates at the Institution who voluntarily declare and appropriately designate their Religious Preference as “Native American” on official forms#.
2. Membership in the Hoop shall be contingent upon understanding of, agreement to and signature of this Constitution with all of its provisions, including its Amendments and By-Laws.
3. The Hoop shall not require any payment or any donation in kind as a requirement for membership in the Hoop or for participation in any of its devotions#.
4. Membership in the Hoop shall be terminated by a member’s own change in his Religious Preference to “None” or to other than “Native American” on official forms, or by transfer or release from this institution .#
5. If at any time the number of members in the Hoop shall fall to zero, the Hoop in its present constitution shall be dissolved, but a subsequent Hoop may be reformed by these or other provisions.
ARTICLE 6: Governance
1. Consistent with traditional Native American customs and practice, the nature of governance of the Hoop is communal and cooperative, not hierarchical or authoritarian#.
2. The Hoop’s means of governance for the conduct of its own affairs shall be by the collective deliberation of a Grand Council, which shall consist of all of its members meeting and acting together as a committee-of-the-whole#.
3. The Grand Council shall meet regularly, and it shall meet at least once every three months. In the absence of an executive Council, the Grand Council shall meet at least once every month.
4. The Grand Council may from time to time appoint to itself from among its members officers and/or officials for the conduct of its affairs in good order. These officers or officials may include some or all of the following, whose duties and responsibilities may be further defined by the Grand Council#:
a. Elders: Elders are the Hoop’s primary resource for discernment and guidance. Elders are senior men#, familiar and practiced in Native American culture and traditions and are recognized by the Hoop for their knowledge, experience, understanding and insight.
b. Spiritual Leader(s). Spiritual Leaders can be relied upon to initiate, lead or otherwise faithfully oversee ceremonial functions. A spiritual leader is one already familiar and practiced in Native American spirituality and recognized by the Hoop for his wisdom, humility and generosity.
c. Chief or Spokesman: One who sits at the head of the Grand Council, who acts as liaison with the Institution and outside agencies, and who is recognized by the Hoop for his tact, diplomacy and good judgment. The Chief shall act generally as official spokesman for the Hoop during his tenure unless another person shall be recognized by the Grand Council to be Spokesman with limited tenure for a specific purpose or event.
d. Recorder: One who produces, maintains and keeps a written record of all Hoop proceedings; who manages accounts, correspondence and other clerical duties; and who is recognized by the Hoop for his abilities and integrity.
e. Door Keeper: One who stands outside the Sacred Circle when ceremonies are in progress and shelters the Hoop.
f. Fire Keeper: One who is responsible for the possession and storage of the Sacred Herbs and their accouterments, who prepares Sacred Herbs for ceremonies and conducts incensings. The Fire Keeper may have one or more Assistants who aid him in his duties so that they may learn them.
g. Pipe Keeper: One who is responsible for the care and maintenance of the Sacred Pipe and its accouterments, who prepares the Pipe for ceremonies and recovers it afterwards#. The Pipe Keeper may have one or more Assistants who aid him in his duties so that they may learn them.
h. (Lead) Drummer: One who is responsible for the care and maintenance of the Sacred Drum and its accouterments, who prepares the Drum for ceremonies and recovers it afterwards. A Lead Drummer organizes and directs group drumming.
i. (Lead) Singer: One who knows and performs sacred songs. A Lead Singer organizes and directs group singing.
j. Other: as named and described by the Grand Council.
5. The Grand Council may appoint to itself from time to time committees of selected Hoop members for specific purposes or events. These committees shall name their own spokesman and report to the Grand Council.
6. Depending upon the size of the Hoop#, the Grand Council may appoint to itself an executive Council made up of named officers and/or officials of the Hoop, whose duties and responsibilities may be further defined by the Grand Council. Unless otherwise specified, the Council shall consist of all Elders.
ARTICLE 7: Policies and By-Laws
1. Only the Grand Council shall adopt Policies and By-Laws for the Hoop.
2. No Policies or By-Laws contrary to the good order of the Institution shall be adopted.
3. Policies adopted by the Grand Council may be intended for later approval as By-Laws.
4. All Policies and By-Laws shall be laid over at least thirty days after their final reading for approval.
5. Only a Grand Council of more than ten (10) members shall have authority to approve new By-Laws.
6. All new By-Laws shall be subject to review and approval by the Institution, whose approval should not be denied except on grounds of compelling government interest by least restrictive means
ARTICLE 8: Ratification
1. This Constitution of Roaming Buffalo Clan shall be ratified by those who enter into it with the subscription of their names and the date of their agreement to it.
2. This Constitution shall further be ratified by all new members who enter under it with the subscription of their names and the date of their agreement to it.
ARTICLE 9: Amendment
1. This Constitution shall be amended only by a Grand Council of more than twelve (12) members.
2. All amendments to this Constitution shall be laid over at least thirty days after their final reading for ratification.
3. All amendments to this Constitution shall be subject to review and approval by the Institution, whose approval should not be denied except on grounds of compelling government interest by least restrictive means.
ARTICLE 10: Perpetuation
1. To insure perpetuation of the Native American Religious Organization at C T Terrell Unit, all ceremonial sacred items that belong to Roaming Buffalo Clan are to be given to the Chaplain to be held in trust at the Institution in the event of the Hoop’s termination due to attrition, or for any other reason. These sacred ceremonial items: i.e. Sacred Pipe, Drum, Native American literature, rattle, feather fan, etc., will remain to be reawakened by any Native American devotees who may follow.
2. The last active Native American devotee of the Hoop shall have the responsibility to insure all sacred ceremonial items are entrusted to the Chaplain.
3. The Chaplain, upon request by two or more Native American devotees, may make provision for these sacred ceremonial items.
Mitakuye oyasin
BY-LAWS - Native American religious organization
C T Terrell Unit – Rosharon, TX
These By-Laws were adopted by the Grand Council of Roaming Buffalo Clan on date.
1. Membership shall by agreement with and subscription to this Constitution and shall be recorded by name, by date of their entry to and date of exit from the Hoop.
2. All decisions by the Grand Council and by any executive Counsel shall be made by a consensus# of present members, not by dictates or votes.
3. Agencies for the support of the Hoop can include both Indian and non-Indian individuals, congregations and groups with approved access to inmates.
4. All members and other participants in the Hoop’s education programs and other activities shall bear responsibility, individually and collectively, for the good order of those programs and activities.
5. All members and other participants in the Hoop’s ceremonies and other devotions shall bear responsibility, individually and collectively, for the sanctity of those ceremonies and devotions.
6. Hoop activities shall be practiced weekly as part of an established and regulated Native American religious program, but not to the exclusion of other traditional religious practices provided for in law, regulation and directive.
7. The ceremonies and activities of the Hoop shall be open to members at all stages of spiritual development, although some observances may require advance study.
8. The devotions of the Hoop shall seek to embrace the different traditional religious experiences and to accommodate the cultural diversity of its members.
9. The devotions of the Hoop shall at all times seek to express reverence for Sacred Earth and to realize respect for Life in a Good Way. While these expressions may vary in practice, their spirit and direction shall be consistent with the vital and authentic spiritual practices of Native Americans as they have been revealed - and continue to be revealed - by traditional native elders, prophets and teachers.
10. The ceremonies and activities of the Hoop shall be intended to produce Balance and Harmony with Creation and to induce proper relationships with the Creator.
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