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Resistance
See other Resistance Articles

Title: Cherokees eject slave descendants
Source: BBC
URL Source: http://news.bbc.co.uk/2/hi/americas/6416735.stm
Published: Mar 4, 2007
Author: Unattributed
Post Date: 2007-03-05 18:44:49 by Tauzero
Keywords: Kumbaya
Views: 399
Comments: 28

Cherokees eject slave descendants

Members of the Cherokee Nation of native Americans have voted to revoke tribal citizenship for descendants of black slaves the Cherokees once owned.

A total of 76.6% voted to amend the tribal constitution to limit citizenship to "blood" tribe members.

Supporters said only the Cherokees had the right to determine tribal members.

Opponents said the amendment was racist and aimed at preventing those with African-American heritage from gaining tribal revenue and government funding.

The Cherokee Nation has 250,000 to 270,000 members, second only to the Navajo.

'Right to vote'

The list of descendants stems from the Dawes Commission, established by Congress more than 100 years ago.

It created what are known as the final rolls, establishing different categories including: "blood" Cherokee, Cherokee freedman (of African descent), Cherokee by intermarriage and Delaware Cherokee.

Principal Chief Chad Smith said about 8,700 people had voted - more than the turnout for the Cherokee constitution vote of four years ago.

He said: "The Cherokee people exercised the most basic democratic right, the right to vote.

"Their voice is clear as to who should be citizens of the Cherokee Nation. No-one else has the right to make that determination."

But opponents of the amendment levelled accusations of discrimination.

Tribal council member Taylor Keen said: "This is a sad chapter in Cherokee history... this is not my Cherokee Nation. My Cherokee Nation is one that honours all parts of her past."

Saturday's vote followed a ruling by the Cherokee Nation Supreme Court last year securing tribal citizenship for descendants of freedmen.

Members can obtain government benefits and tribal services including housing and medical support.

Slaves were held by a number of native American tribes and were freed after the Civil War in 1866.


Poster Comment:

Perhaps not coincidentally, the Cherokee thought the alphabet a good idea.

Saturday's vote followed a ruling by the Cherokee Nation Supreme Court last year securing tribal citizenship for descendants of freedmen.

First thing, kill the lawyers.

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Begin Trace Mode for Comment # 27.

#1. To: Tauzero (#0)

The vote is unconstitutional because the status of citizen for the Cherokee nation was determined by treaty with the USA.

Destro  posted on  2007-03-05   18:49:39 ET  Reply   Untrace   Trace   Private Reply  


#3. To: Destro (#1)

The vote is unconstitutional because the status of citizen for the Cherokee nation was determined by treaty with the USA.

Ah, yes, the treaties that the US Government has so carefully abided by - not one has ever been bent or broken!

The Cherokee Tribe can amend their own Constitution as they see fit. As can the USA with their own.

mirage  posted on  2007-03-05   19:31:10 ET  Reply   Untrace   Trace   Private Reply  


#11. To: mirage (#3)

I was right - I read a news story on another web site. they are purging the members who are part cherokee by blood and part black. but not the members who are part cherokee and part white.

Red Jones  posted on  2007-03-06   0:02:02 ET  Reply   Untrace   Trace   Private Reply  


#13. To: Red Jones, mirage (#11)

Again, who is a Cherokee citizen - key word - CITIZEN - was determined by treaty with the USA - thus the Cherokee can not violate that treaty and de-citizen their ex slave population.

This is legal point I am making not an emotional one.

Destro  posted on  2007-03-06   9:55:22 ET  Reply   Untrace   Trace   Private Reply  


#17. To: Destro, Red Jones (#13)

Again, who is a Cherokee citizen - key word - CITIZEN - was determined by treaty with the USA - thus the Cherokee can not violate that treaty and de-citizen their ex slave population.

And now they are repudiating said treaty. Nations do this all the time and can set their own requirements for citizenship.

mirage  posted on  2007-03-06   13:03:59 ET  Reply   Untrace   Trace   Private Reply  


#18. To: mirage (#17)

And now they are repudiating said treaty. Nations do this all the time and can set their own requirements for citizenship.

Then America can move against the Cherokee for doing this - removing the treaty provisions that allow casinoes and other money making scams that are protected via their artifical sovreignty - which would hobble them.

Destro  posted on  2007-03-06   13:11:34 ET  Reply   Untrace   Trace   Private Reply  


#19. To: Destro (#18)

Then America can move against the Cherokee for doing this - removing the treaty provisions that allow casinoes and other money making scams that are protected via their artifical sovreignty - which would hobble them.

They can but they will lose. USSC has already ruled that the tribes can set their own requirements for tribal membership being a "domestic dependent nation" (as ruled by John Marshall two centuries ago)...

Its time to face reality. What the Cherokee did is perfectly legal and with precedent. Tribes expel members all the time or peel off "those with insufficient amounts of native blood" and nobody has won a case yet.

mirage  posted on  2007-03-06   13:23:17 ET  Reply   Untrace   Trace   Private Reply  


#21. To: mirage (#19)

USSC has already ruled that the tribes can set their own requirements for tribal membership being a "domestic dependent nation"

But this time we have a treaty stating who is and who is not a citizen - the Black Cherokee freedmen can now ask to either be forced back into the tribal nation or be recognized as another Cherokee people - per treaty - I love law stuff.

Destro  posted on  2007-03-06   13:49:28 ET  Reply   Untrace   Trace   Private Reply  


#22. To: Destro (#21)

But this time we have a treaty stating who is and who is not a citizen - the Black Cherokee freedmen can now ask to either be forced back into the tribal nation or be recognized as another Cherokee people - per treaty - I love law stuff.

Maybe. They can petition the Feds for status as a recognized tribe. I don't know how that would work out. This particular vote only affects about 3000 people out of 270,000 so its not like its a big cleaving.

The Cherokee started their expulsion drive in the 1980s so it has been going for a while now. The Tribal Supreme Court (or whatever it is) ruled back in 1983 that the Freedmen could not be expelled based on the Cherokee Tribe Constitution and the 1866 treaty.

Thus, the vote on the Constitutional Amendment to force the issue.

The Tribal Courts could yet rule that they can't amend their own Constitution in this manner, but I don't see that happening. Reservations and Tribal Courts are a "completely different world" from that one that the rest of us inhabit. Also in a different world are how the US Courts deal with the tribes. Currently, they are experiencing a massive expansion of soverignty where they can take "off reservation land" off of property tax rolls and are enjoying that right all over the country.

Whatever happens, it'll be bizarre. I just don't see the Cherokee Nation being forced to "take back" tribal members they have expelled. That has been a losing case for decades now.

mirage  posted on  2007-03-06   13:59:58 ET  Reply   Untrace   Trace   Private Reply  


#23. To: mirage (#22)

I don't disagree with anything you wrote.

If not for the treaty of 1866 this point of mine would be moot.

Destro  posted on  2007-03-06   14:26:17 ET  Reply   Untrace   Trace   Private Reply  


#24. To: Destro (#23)

If not for the treaty of 1866 this point of mine would be moot.

Yes, but the Cherokee Nation has mooted your point for you :-)

mirage  posted on  2007-03-06   14:30:39 ET  Reply   Untrace   Trace   Private Reply  


#25. To: mirage (#24)

Yes, but the Cherokee Nation has mooted your point for you :-)

Maybe, but since the treaty is with the federal govt I am a citizen of then I get to put my 2 cents in.

The Indians have always garnered sympathy by maintaining the white man violated treaties with them - not wholly true - but true enough - so this is destroys this perception,

Destro  posted on  2007-03-06   15:00:36 ET  Reply   Untrace   Trace   Private Reply  


#26. To: Destro (#25)

Perception is everything in this world. Substance only matters to some.

Well, since they are abrogating the treaty that ended the Civil War with them, an appropriate response would be to send the Army in to occupy their territory. Ditching a peace treaty could be taken by many as a desire to resume hostilities.

Would that be an adequate response?

mirage  posted on  2007-03-06   18:53:25 ET  Reply   Untrace   Trace   Private Reply  


#27. To: mirage (#26)

Well, since they are abrogating the treaty that ended the Civil War

The treaty was a recognition treaty - not an end of war treaty with this tribe. The correct response would be for the American govt to continue to recognize these cast offs as Cherokees and make sure Federal tribal money goes to them.

Destro  posted on  2007-03-06   22:32:21 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 27.

#28. To: Destro (#27)

Sure, they can recoup Federal Money which is a pittance, but the Casino money is what this is about and they'll be cut off from that. That's the real deal here. BIA money is nothing in comparison to the casino cash.

mirage  posted on  2007-03-07 13:29:51 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 27.

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