The fate of the citizenship of two descendants of Muscogee Freedmen, the people formerly enslaved by the tribal nation, is now in a Muscogee Nation’s judge’s hands. The attorneys also claim that Article II of that treaty states that Freedmen allows citizenship into the tribal nation:“…their descendants and such others of the same race as may be permitted by the laws of the said nation to settle within the limits of the jurisdiction of the Creek Nation as citizens [thereof,] shall have and enjoy all the rights and privileges of native citizens, including an equal interest in the soil and national funds, and the laws of the said nation shall be equally binding upon and give equal protection to all such persons, and all others, of whatsoever race or color, who may be adopted as citizens or members of said tribe. Department of the Interior, who is charged with approving the Muscogee Nation's constitution, erred when they allowed the 1979 constitution to take effect because it was out of line with the treaty language