"The idea that a 21st-century sovereign nation would expel a racial minority that had been part of it for a century and a half seems outrageous. Yet this is precisely what has happened in the last month in the Cherokee nation, the second largest American Indian tribe. The US government's condemnatory response, however, may cause more problems than it solves.

The Cherokee freedmen are the descendants of African American slaves owned by wealthy Cherokee tribal members. When principal chief Stand Watie became the last confederate general to surrender in the American civil war, a treaty emancipated these slaves and gave them equal rights. The Cherokee nation went further than this in 1866, amending their constitution as follows:

"All native-born Cherokees, all Indians and whites legally members of the nation by adoption and all freedmen who have been liberated by voluntary act of their former owners or by law […] shall be taken and deemed to be citizens of the Cherokee nation."

But more than a century later, chiefs Ross Swimmer and Wilma Mankiller created a new requirement that all Cherokee should hold a certificate of degree of Indian blood."

Get the Story:
James MacKay: The Cherokee nation must be free to expel black freedmen (The Guardian 9/17)

Cherokee Nation Supreme Court Decision:
Cherokee Nation Registrar v. Nash (August 22, 2011)

Related Stories:
Cherokee Nation starts sending provisional ballots to Freedmen (9/16)
NYT: Tribal rights vs. racial justice in Cherokee Freedmen battle (9/16)
Blog: Rush Limbaugh offers take on Cherokee Freedmen dispute (9/16)
Steve Russell: The circus that has become the Cherokee Nation (9/15)
Cherokee Nation to allow Freedmen to cast provisional ballots (9/15)
Editorial: Cherokee Nation faces pressure on fate of Freedmen (9/15)
Acting Cherokee Nation chief vows to protect tribe's interests (9/14)
BIA warns Cherokee Nation about disenrollment of Freedmen (9/13)
Lawmakers want HUD to restore funding to Cherokee Nation (9/12)
HUD won't release funds to Cherokee Nation in Freedmen flap (9/8)
Judge sets hearing on Freedmen motion for Cherokee election (9/6)
Freedmen eye lawsuit in federal court over Cherokee election (8/30)
Freedmen seek appeal for loss of Cherokee Nation citizenship (8/29)
Jay Tavare: Divide and conquer -- disenrollment among tribes (8/25)
Turtle Talk: Tribal courts, treaty rights and treaty rights disputes (8/25)
Cherokee Freedmen lose right to vote in upcoming chief election (8/24)
Decision allows Cherokee Nation to remove Freedmen from rolls (8/23)