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Editorial: Ouster of Freedmen a low point for Cherokees
Thursday, March 8, 2007
Filed Under: Opinion

"The Cherokee Nation’s decision to revoke the tribal citizenship of about 2,800 descendants of slaves once owned by the tribe is a moral low point in modern Cherokee history and places the tribe in violation of a 140-year-old federal treaty and several court decisions. The federal government must now step in to protect the rights of the freedmen, who could lose their tribal identities as well as access to medical, housing and other tribal benefits.

This bitter dispute dates to the treaties of 1866, when the Cherokee, Seminole and Creek agreed to admit their former slaves as tribal members in return for recognition as sovereign nations. The tribes fought black membership from the start — even though many of the former slaves were products of mixed black and Indian marriage

Advocates for the expulsion say it is about self-determination. But the tribal history makes clear that it is about discrimination — and that it is illegal. The Bureau of Indian Affairs, which has been curiously silent, should bring the Cherokee government into compliance with the law and require it to restore the tribal rights of the expelled members."

Get the Story:
Editorial: An Unjust Expulsion (The New York Times 3/8)
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Sovereign Immunity Court Decision:
Vann v. Kempthorne (December 19, 2006)

Jim Cason Letter:
Cherokee Nation Constitution (August 30, 2006)

Cherokee Nation Judicial Appeals Tribunal Decision in Freedmen Case:
Allen v. Cherokee Nation (March 7, 2006)

Relevant Links:
Cherokee Nation - http://www.cherokee.org
Freedmen Of The Five Civilized Tribes - http://www.freedmen5tribes.com
Freedmen Conference - http://www.freedmenconference.com

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