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Slavery in the Cherokee Nation
While slavery was used in indigenous communities before European contact, the commercialized slavery of the Atlantic Slave Trade was new. In the late 18th century, the Cherokee and the rest of the five tribes adopted chattel slavery. They were encouraged by southern whites to adopt slavery as a way to become more civilized. When the Cherokee were forcibly moved to the Indian Territory, they brought their slaves with them. Slavery continued to be common among the Cherokee into the Civil War. -
Trail of Tears
Between 1830 and 1850 Members of the Five Civilized Tribes, which includes the Cherokee, Chickasaw, Choctaw, Creek, and Seminole, were forcibly removed from the Southeastern United States to the newly created Indian territory in modern Oklahoma. The Cherokee were the last to be removed in 1838. Among the Cherokee were black slaves who were also transported to the Indian Territory. -
Creation of the Cherokee Constitution
The Cherokee constitution was signed on Sept. 6, 1839 and negotiated between eastern and western Cherokee groups. Article III of the constitution stated that no person with black or mulatto ancestry can become a citizen or hold positions of office. -
Cherokee Aligns with the Confederacy
The Cherokee Nation alighted themselves with the Confederacy during the American Civil War. Cherokee were afraid that the Union would take away slavery in the nation and lead to further exploitation of the Cherokee land and people. -
Treaty of 1866
The Treaty of 1866 was established between the Cherokee nation and the United States. It established freedom for slaves in the Cherokee nation and allowed them to become citizens of the nation. The treaty declared that all native born Cherokee, whites, free slaves, and other natives were will become citizens. The treaty also barred discrimination between Freedmen and the Cherokee. -
Changes in Citizenship Requirement
The Cherokee nation changed citizenship requirement to have a blood relation to native Cherokee. This was not yet added to the constitution but impacted many people's attempts to apply for citizenship. -
US Buys Cherokee Land
The United States government bought Cherokee land for $300,000. The money was to be redistributed to the citizens of the Cherokee nation. The freedmen were not included in these distributions despite being given rights as citizens under the Treaty of 1866. -
Passing of the Dawes Act
The Dawes Act was passed to reduce the influence of sovereign indigenous nations in the United States and increase assimilation of natives into American culture. The law broke up native land and allotted pieces to individual natives and families. Native Americans needed to register on tribal rolls to gain land allotments. The act also allowed third parties to buy land from the Cherokee. Many Cherokee and Freedmen were exploited and their land bought out from Americans. -
Dawes Commission
Congress created the Dawes Commission to negotiate with the Cherokee and other members of the Five Civilized Tribes (Cherokee, Chickasaw, Choctaw, Creek, Seminole). Property was allotted between each tribe in exchange for abolishing tribal governments. In order to receive the land, citizens had to enroll their names on the Dawes rolls. Cherokee Freedmen were listed as separate members on the rolls. -
Dawes Commission Opens Citizenship Application
The Dawes Commission created applications for Cherokee citizenship. Freedmen applied for citizenship and were deliberated based on their blood quantum and whether they were on the demographic rolls. Freedmen were placed on separate lists on these rolls. -
Cherokee Freedmen Papers
The Cherokee Freedmen Papers were transcripts and legal documents of Freedmen applying to become citizens of the Cherokee Nation between 1901 and 1906. The cases were proceeded by government officials and leadership from the Commission of the Five Civilized Tribes. Applicants were questioned over where they lived, who they knew, and where they were during civil war and following years. All the of papers of applicants from the Cushing Memorial were rejected from citizenship. -
Freedmen Rejected from Citizenship
Freedmen were not allowed to become citizens because an act passed by the Cherokee Tribal Council required all citizens to show their ancestors were on the Cherokee by blood list on the Dawes Rolls. Because Freedmen were listed in a separate category, they were frequently denied citizenship. -
R.H. Nero v. Cherokee Nation
Robert Nero sued the government stating he was not allowed to vote in elections or receive the benefits of the nation despite the Treaty of 1866 allowing Cherokee Freedmen to become citizens even if they were not Cherokee by blood. The US district court judge dismisses the claims based on the sovereign immunity the Cherokee hold to maintain their own affairs. -
Riggs v Ummerteskee
In 1998 Bernice Riggs tried to apply for Cherokee Citizenship and was denied. Riggs had proven she had Cherokee blood via an ancestor during the times of the Dawes Rolls. However, her ancestor was deceased at the time of the census taking and his descendants were listed as Freedmen instead of Cherokee by blood. As a result, Riggs was unable to gain citizenship. The court ruled that the Cherokee are allowed to determine their own citizenship rules under their constitution. -
Lucy Allen v Cherokee Nation Tribal Council
Lucy Allen sued the Cherokee Tribal Council over her being denied citizenship to the Cherokee nation. Under the current rules only Cherokee whose ancestors were listed on the Dawes rolls as "Cherokee by blood" could be granted citizenship, however the Cherokee constitution had no such rule. The court ruled that the Cherokee could not deny citizenship to Freedmen with no native blood. This ruling overturned Riggs v. Ummerteskee. -
US Government attempts to block funding to the Cherokee
The United States government led by Rep Diana Watson threatened to cut off federal funding to the Cherokee in response to citizenship restrictions on Cherokee Freedmen. To receive funding the Cherokee would need to follow the Treaty of 1866. The Cherokee argued they had the power to determine their own citizenship requirements and who were allowed access to tribal resources. -
Special Election to Change the Constitution
A special election was held by the Cherokee government to establish citizenship rules. Voters decided to establish in the constitution that Citizens required to be biologically descended from Cherokee on the Dawes roll. This disenfranchised about 2,800 Cherokee Freedmen. This sparks many debates about the position Cherokee freedmen have in the nation. -
Conflicts over citizenship
In the 2011 case Raymond Nash et al v. Cherokee Nation Registrar, the court district judge ruled to reinstate citizenship to Freedmen. During the general election for the Principle chief of the Cherokee that same year, Freedmen were able to vote in the general election but barred from voting in the following special election. After a course of legal battles and government involvement, the Freedmen were given back rights to citizenship and voting. -
Judge rules that Freedmen have right to citizenship
A judge ruled that the Cherokee Freedmen have the right to citizenship. The attorney general of the tribe declared they would not appeal the decision. Citizenship applications from Freedmen would be accepted after the ruling. This was seen as a great victory for the Freedmen, as they were recognized as having the same rights to citizenship as native Cherokees. -
Supreme Court rules to remove Cherokee by Blood wording
The Cherokee Supreme Court ruled to remove the words "by blood" from the Cherokee constitution and the nation's tribal laws. The decision was in response to the 2017 Nash v Cherokee nation case where the Supreme Court ruled Freedmen have rights to citizenship. The court recognized the historic disenfranchisement of Cherokee Freedmen and acknowledged that they have equal rights to citizenship.