Column: Freedmen still slaves to Cherokee Nation

Monday, March 19, 2007  

"In 30 years as a journalist, I have written about many elections, always with the detachment expected of a professional. But the outcome of this one I take personally.

The Cherokee Indians have voted overwhelmingly to exclude descendants of the tribe's slaves - no matter how much Cherokee blood they may have. The referendum approved last week by nearly 77 percent of Cherokee voters amends their constitution to overturn two court rulings, which last year opened membership to people whose forbears were listed as "Freedmen" in early census records.

Freedmen leaders plan to challenge the referendum in court. An 1866 treaty abolished slavery in the tribe and declared that the tribe's freed slaves, free blacks "and their descendants shall have all the rights of native Cherokees." The federal agency with jurisdiction, the Bureau of Indian Affairs, appears content to let the Cherokees set their membership rules, however racist they are.

A minority of Cherokees held slaves, but here's one way of looking at the referendum, since most tribal members today are more European than Native American: The descendants of slaveholders are denying equality to the descendants of slaves.

After studying a batch of census records 20 years ago, I doubted the people who owned my ancestors were Cherokees, with a name like Smith. I changed my mind when I saw the name of the current principal chief.

It's Chad Smith."

Get the Story:
Kenneth J. Cooper: A Nation Divided (The Louisiana Weekly 3/19)

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

Related Stories:
Opinion: Racism exists within Cherokee Nation (3/15)
Congressional Black Caucus backs Freedmen (3/14)
aTim Giago: Cherokee Nation votes out Freedmen (3/12)
Opinion: Cherokee Nation ignores own treaty (3/12)
Opinion: Cherokee Nation takes the lower road (3/12)
Chad Smith: Cherokee Nation tolerant of many (3/9)
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Freedmen to challenge ouster, Cherokee funding (3/7)
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