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
Thursday, January 28, 2010
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.
Monday, January 18, 2010
LETTER 6/08/09
Aho, Itancan.
Thank you for your letter 5/18/09 with information about your Hoop and conditions at C T Terrell Unit. As you may know, I also have a letter from Kimimina Hinhana with additional information and insights. While I can well understand that you might feel somewhat overwhelmed by the prospects of establishing and maintaining good order among the many brothers there – with perhaps some of them only half-heartedly or even casually beginning to walk the Red Road - still, I see many advantages, both potential and realized. I expect good things of Roaming Buffalo Clan, but it will be largely up to you, Itancan, to make the best of it. I would like to help open the way for you, if I can, and on the basis of the information you have provided, I have a number of suggestions to offer and a submission to make for your personal and then collective consideration.
Organization: From your report, I see that you are healthy in gross numbers (30+) and you seem to have an good-sized core group (10 –15). I am sure that you have sensed among a at least a dozen men there a genuine willingness to learn the Way of the People and practice traditional Native American spirituality in a Good Way. These brothers should be the primary focus of your efforts. You are not obliged to encourage participation and, if my understanding of traditional practice is correct, you probably want to discourage any kind of recruitment or ‘evangelizing’. You can in good conscience let them come who will in a Good Way and disregard the rest. I appreciate your concern about opportunistic hangers-on, but I think with proper order and discipline you will be able effectively to discourage those who might only be coming for a smoke. This is a common problem in your circumstances, as I have witnessed elsewhere. In any event, let me offer you some tools to work with:
Enclosed is a draft copy of a Constitution for a Native American religious organization suitable for institution in a penal milieu, that is, societies like yours have been established in this way and operated in other prisons and you are within your rights to form such an association at C T Terrall Unit. In fact, you Brothers of Roaming Buffalo Clan already have; but you may want this (or another) manual of procedures to assure right process.
I suggest that first you and then trusted other brothers read this through and imagine how it would work in practice. The implication of continuing ratifications (signatures) is that all who would enter into this association would likewise understand, agree to and subscribe to these ‘ground rules’.
If the particulars of this constitution meet with general agreement, you can ratify and operate it in the manners described within it with the expectation of cooperation and support of the Institution. If you brothers have any changes to make, you can mark up this copy and return it to me and I will reproduce a fair copy. I suggest that you keep the chaplain informed of your intentions and progress, but should you meet with any resistance to this structure from those with authority over you, please advise me and we will encourage them to make the accommodation.
This draft, together with its footnotes, is meant to be self-explanatory, but let me make some comments here at the outset. You will see that this is primarily a plan for self-governance of your collective religious affairs but it says very little about specific practices. This is quite deliberate. I urge you not to incorporate into this form any particulars about your ceremonies or rituals. These aspects will grow, develop and – to some extant – change over time. It is a characteristic of the frame of Native American spirituality that it is 1) very diverse across the board, 2) highly varied among individuals and 3) dynamic in its fulfillment. You don’t want the Sacred to be corralled on a piece of paper. On the other hand, a common understanding of a communal decision-making process and procedure is, in my view, essential to this faith and in fact, lies at the very heart of traditional practice.
Membership: In the circumstances, you probably cannot (and shouldn’t want to) limit entry into to this association, although – as I’ll demonstrate next – you can (and probably should) limit some aspects of participation within it, because...
Participation: Spiritual growth and development in any frame require a disciplined approach and ordered progress and you will not be prejudicial in requiring informed introduction or some study in advance of some observances (see By-Laws 7). It is your individual and collective responsibility to shelter the Sacred from selfish use or inappropriate practice (see By-Laws 5). It is my understanding that anyone who might come ‘only for a smoke’ is bound to be disappointed. For example, in a proper Pipe Ceremony, no one may expect or ask to receive the Pipe, much less demand or insist upon it. In my experience, a brother does not even so much as reach for the Pipe until it is offered by the ceremony leader. And there are manners in which one not handed the Pipe may still be blessed by it, e.g. it may be touched to his shoulders or his prayers may otherwise be sent aloft by burning prayer-ties - is that not so among you? So you see, by observing proper forms, you will not only discourage abuse of the Sacred, you will repel it. In general, any self-initiated effort to intrude upon or impose oneself in a ceremony is self-defeating by its revelation of inexperience and an inappropriate manner, a lack of both humility and respect. It goes without saying that any attempt of intrusion upon your practice by anyone’s threat or coercion is entirely inappropriate and a fit subject for the administration of the institution to consider.
Activities: I recommend that you plan and schedule to meet at least once, perhaps twice, for at least an hour each time every week (see By-Laws 6). I am sure other faith groups at C T Terrell Unit do. After start-up, perhaps your “business meeting” need only meet one or two of those hours each month. You cannot be justly required to limit your activities and observances to only those times when your Religious Volunteer can be present. Scheduling, appropriate space, supervision etc. are the responsibility of the institution. You will most likely consider it best for ceremonies to take place outside on Ina Makah. Again, you should let me know if undue burdens are placed upon the regular congregation of your Hoop or if your observances are inappropriately restricted or confined. Be cautious of using the term “reasonable” in these matters. In application, “Reasonableness” is a legal standard and it is substandard to what applies to religious exercise (see Footnote 1).
Study: First, you learn as much as you can from the within yourself - Medicine Wheel. Then you learn as much as you can from each other - Talking Circle. Then you learn as much as you can from your Religious Volunteer - Oral Wisdom. Alongside all that you learn what you can from books and tapes and other media - Educational Materials. Begin to move in this way and the least important component, including the ones you mention in your letter, will no doubt materialize. But before you can make use of these educational materials, you have to be able to receive and maintain them in an orderly way. Some things I have lately sent to Texas have, by one hand or another, been misdirected or otherwise ‘lost’ within the system. You should in time be organized in such a way as to have a ‘permanent collection’ of sacred and other material objects for this and future Hoops (see Article 10). For starters, I am sending you with this letter copy of some basic Lakota songs, but tell me: do you have a drum there…?
OK – this ought to be enough for you to chew on for now, Itancan. If you can introduce a good ‘operating system’, you should be able to process the input you receive, both ‘good’ and ‘bad’. Let me know what progress you make in the next few weeks and maybe there will be something more for me to add. I am looking to fulfilling the various requests that I have received from you and other brothers in Texas; however, I think you are limited to certain TX-DOJ-approved items. It may not be possible at this time for you (or others) to receive unique objects or anything not-on-the-list.
I have one request to make of you at this time: Can you provide me with a mailing address for your Religious Volunteer. The chaplain gave me a phone number but I would prefer to write to him before calling.
Friends hold you in the Light. Mitakuye oyasin. Isiyagke Katiyeya Ektaiyepi
Thank you for your letter 5/18/09 with information about your Hoop and conditions at C T Terrell Unit. As you may know, I also have a letter from Kimimina Hinhana with additional information and insights. While I can well understand that you might feel somewhat overwhelmed by the prospects of establishing and maintaining good order among the many brothers there – with perhaps some of them only half-heartedly or even casually beginning to walk the Red Road - still, I see many advantages, both potential and realized. I expect good things of Roaming Buffalo Clan, but it will be largely up to you, Itancan, to make the best of it. I would like to help open the way for you, if I can, and on the basis of the information you have provided, I have a number of suggestions to offer and a submission to make for your personal and then collective consideration.
Organization: From your report, I see that you are healthy in gross numbers (30+) and you seem to have an good-sized core group (10 –15). I am sure that you have sensed among a at least a dozen men there a genuine willingness to learn the Way of the People and practice traditional Native American spirituality in a Good Way. These brothers should be the primary focus of your efforts. You are not obliged to encourage participation and, if my understanding of traditional practice is correct, you probably want to discourage any kind of recruitment or ‘evangelizing’. You can in good conscience let them come who will in a Good Way and disregard the rest. I appreciate your concern about opportunistic hangers-on, but I think with proper order and discipline you will be able effectively to discourage those who might only be coming for a smoke. This is a common problem in your circumstances, as I have witnessed elsewhere. In any event, let me offer you some tools to work with:
Enclosed is a draft copy of a Constitution for a Native American religious organization suitable for institution in a penal milieu, that is, societies like yours have been established in this way and operated in other prisons and you are within your rights to form such an association at C T Terrall Unit. In fact, you Brothers of Roaming Buffalo Clan already have; but you may want this (or another) manual of procedures to assure right process.
I suggest that first you and then trusted other brothers read this through and imagine how it would work in practice. The implication of continuing ratifications (signatures) is that all who would enter into this association would likewise understand, agree to and subscribe to these ‘ground rules’.
If the particulars of this constitution meet with general agreement, you can ratify and operate it in the manners described within it with the expectation of cooperation and support of the Institution. If you brothers have any changes to make, you can mark up this copy and return it to me and I will reproduce a fair copy. I suggest that you keep the chaplain informed of your intentions and progress, but should you meet with any resistance to this structure from those with authority over you, please advise me and we will encourage them to make the accommodation.
This draft, together with its footnotes, is meant to be self-explanatory, but let me make some comments here at the outset. You will see that this is primarily a plan for self-governance of your collective religious affairs but it says very little about specific practices. This is quite deliberate. I urge you not to incorporate into this form any particulars about your ceremonies or rituals. These aspects will grow, develop and – to some extant – change over time. It is a characteristic of the frame of Native American spirituality that it is 1) very diverse across the board, 2) highly varied among individuals and 3) dynamic in its fulfillment. You don’t want the Sacred to be corralled on a piece of paper. On the other hand, a common understanding of a communal decision-making process and procedure is, in my view, essential to this faith and in fact, lies at the very heart of traditional practice.
Membership: In the circumstances, you probably cannot (and shouldn’t want to) limit entry into to this association, although – as I’ll demonstrate next – you can (and probably should) limit some aspects of participation within it, because...
Participation: Spiritual growth and development in any frame require a disciplined approach and ordered progress and you will not be prejudicial in requiring informed introduction or some study in advance of some observances (see By-Laws 7). It is your individual and collective responsibility to shelter the Sacred from selfish use or inappropriate practice (see By-Laws 5). It is my understanding that anyone who might come ‘only for a smoke’ is bound to be disappointed. For example, in a proper Pipe Ceremony, no one may expect or ask to receive the Pipe, much less demand or insist upon it. In my experience, a brother does not even so much as reach for the Pipe until it is offered by the ceremony leader. And there are manners in which one not handed the Pipe may still be blessed by it, e.g. it may be touched to his shoulders or his prayers may otherwise be sent aloft by burning prayer-ties - is that not so among you? So you see, by observing proper forms, you will not only discourage abuse of the Sacred, you will repel it. In general, any self-initiated effort to intrude upon or impose oneself in a ceremony is self-defeating by its revelation of inexperience and an inappropriate manner, a lack of both humility and respect. It goes without saying that any attempt of intrusion upon your practice by anyone’s threat or coercion is entirely inappropriate and a fit subject for the administration of the institution to consider.
Activities: I recommend that you plan and schedule to meet at least once, perhaps twice, for at least an hour each time every week (see By-Laws 6). I am sure other faith groups at C T Terrell Unit do. After start-up, perhaps your “business meeting” need only meet one or two of those hours each month. You cannot be justly required to limit your activities and observances to only those times when your Religious Volunteer can be present. Scheduling, appropriate space, supervision etc. are the responsibility of the institution. You will most likely consider it best for ceremonies to take place outside on Ina Makah. Again, you should let me know if undue burdens are placed upon the regular congregation of your Hoop or if your observances are inappropriately restricted or confined. Be cautious of using the term “reasonable” in these matters. In application, “Reasonableness” is a legal standard and it is substandard to what applies to religious exercise (see Footnote 1).
Study: First, you learn as much as you can from the within yourself - Medicine Wheel. Then you learn as much as you can from each other - Talking Circle. Then you learn as much as you can from your Religious Volunteer - Oral Wisdom. Alongside all that you learn what you can from books and tapes and other media - Educational Materials. Begin to move in this way and the least important component, including the ones you mention in your letter, will no doubt materialize. But before you can make use of these educational materials, you have to be able to receive and maintain them in an orderly way. Some things I have lately sent to Texas have, by one hand or another, been misdirected or otherwise ‘lost’ within the system. You should in time be organized in such a way as to have a ‘permanent collection’ of sacred and other material objects for this and future Hoops (see Article 10). For starters, I am sending you with this letter copy of some basic Lakota songs, but tell me: do you have a drum there…?
OK – this ought to be enough for you to chew on for now, Itancan. If you can introduce a good ‘operating system’, you should be able to process the input you receive, both ‘good’ and ‘bad’. Let me know what progress you make in the next few weeks and maybe there will be something more for me to add. I am looking to fulfilling the various requests that I have received from you and other brothers in Texas; however, I think you are limited to certain TX-DOJ-approved items. It may not be possible at this time for you (or others) to receive unique objects or anything not-on-the-list.
I have one request to make of you at this time: Can you provide me with a mailing address for your Religious Volunteer. The chaplain gave me a phone number but I would prefer to write to him before calling.
Friends hold you in the Light. Mitakuye oyasin. Isiyagke Katiyeya Ektaiyepi
MEMO 3/25/09
Dear Brothers, Aho;
I am in receipt of your requests 3/23/09 for Native American religious items and I will do what I can to provide them. I expect that you two men are known to one another, and I assume that you will want to support each other on the Red Road.
These provisions are made under the auspices of Baltimore Monthly Meeting of Friends, Stony Run, a Quaker congregation in Baltimore, and are sent to you through your chaplain’s office. Please provide me with the name of the administrative Chaplain at C T Terrall Unit and his address, if it is different from your own.
Also, it will be of interest to Friends what the conditions are at C T Terrall Unit for the accommodation of Native American spirituality. Any information that you can provide to me about your Hoop - including how it is organized, what your regular cycles of meetings & observances are, what your religious program is – I will share with the committee that oversees this concern.
On the basis of experience, I suggest that you arrange in advance with your chaplain for some means to store & distribute sacred herbs as well as other common property such as a Canupa Wakan & canli, ‘firestarters’ (i.e. matches), Drum, education materials, etc., as these items are typically subject to administrative controls.
Mitakuye oyasin,
I am in receipt of your requests 3/23/09 for Native American religious items and I will do what I can to provide them. I expect that you two men are known to one another, and I assume that you will want to support each other on the Red Road.
These provisions are made under the auspices of Baltimore Monthly Meeting of Friends, Stony Run, a Quaker congregation in Baltimore, and are sent to you through your chaplain’s office. Please provide me with the name of the administrative Chaplain at C T Terrall Unit and his address, if it is different from your own.
Also, it will be of interest to Friends what the conditions are at C T Terrall Unit for the accommodation of Native American spirituality. Any information that you can provide to me about your Hoop - including how it is organized, what your regular cycles of meetings & observances are, what your religious program is – I will share with the committee that oversees this concern.
On the basis of experience, I suggest that you arrange in advance with your chaplain for some means to store & distribute sacred herbs as well as other common property such as a Canupa Wakan & canli, ‘firestarters’ (i.e. matches), Drum, education materials, etc., as these items are typically subject to administrative controls.
Mitakuye oyasin,
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