Home > News > Headlines

Print   Subscribe

Chad Smith: Cherokee Nation not based on race
Friday, March 2, 2007
Filed Under: Opinion

"In 2006, the Judicial Appeals Tribunal (JAT), now the Cherokee Nation Supreme Court, ruled that a Cherokee Nation law that limited citizenship in the nation to Cherokees, Shawnees and Delawares by blood was unconstitutional because it excluded freedmen and other non-Indians who were listed on separate Dawes Rolls.

Freedmen were former slaves of Cherokees and were emancipated and given Cherokee Nation citizenship by an 1866 amendment to our 1839 Constitution after the American Civil War. The evidence shows that people with Cherokee blood were placed on the by-blood rolls and non-Indians were listed on either the adopted white rolls or freedmen rolls by the Dawes Commission.

Although the interpretation of the Cherokee Nation court is controversial as to whether it excluded freedmen or not, it is very clear that the determination of who may or may not become a citizen is a question reserved for Cherokee voters.

What should be clear to all is that the Cherokee Nation Constitution is not based on race. People of many different ethnic backgrounds — African-Americans, white Americans, and Hispanic-Americans — have Cherokee ancestors on the Dawes Roll and are unquestionably entitled to Cherokee citizenship. "

Get the Story:
Cherokee Nation Principal Chief Chad Smith: Cherokee Constitution is not based on race (The Muskogee Phoenix 3/1)

Court Decision:
Vann v. Kempthorne (December 19, 2006)

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:
Voice of America: Cherokees to vote on Freedmen (2/27)
Judge won't halt Cherokee Freedmen vote (2/22)
Freedmen in court to halt Cherokee Nation vote (2/21)
Freedmen ask federal court to halt Cherokee election (2/5)
Cherokees in California want to be part of community (01/16)
Ouster of Cherokee Freedmen an issue in California (1/15)
Election to oust Cherokee Freedmen delayed (1/3)
Cherokee Freedmen win ruling against tribe (12/20)
Cherokee Chief: Tribe to vote on Indian blood (12/06)
USA Today: Tribes remove thousands from rolls (11/29)
Cherokee court hears dispute over Freedmen vote (11/27)
Cherokee court to consider Freedmen referendum (11/20)
Freedmen descendant sues over citizenship change (11/03)
Cherokee Freedmen to challenge removal (10/10)
Cherokee chief calls vote on removing Freedmen (10/9)
Cherokees defend right to kick Freedmen out of tribe (09/21)
Cherokee chief rejects need to approve constitution (09/11)
Cherokee Nation questioned on Freedmen vote (9/7)
Petition to oust Cherokee Freedmen submitted (08/15)
Petition seeks vote on ousting Cherokee Freedmen (07/31)
Cherokee Nation to vote on blood quantum change (6/13)
Cherokee Nation council debates blood quantum (6/12)
Cherokee Nation's top court approves constitution (6/9)
Cherokee committee approves membership proposal (05/16)
About 800 Cherokee Freedmen enrolled since decision (05/01)
Cherokee chief sued over vacant legal position (04/13)
Cherokee chief criticized for stance on Freedmen (4/6)
Two Creek Freedmen apply for citizenship after ruling (03/22)
Creek Freedmen see opening in citizenship dispute (3/21)
Cherokee chief calls for an 'Indian' Nation by blood (3/20)
Cherokee chief criticized for stance on Freedmen (3/17)
Cherokee chief wants Freedmen out of tribe (3/15)
Editorial: Victory long overdue for Cherokee Freedmen (3/10)
Cherokee Nation to enroll Freedmen descendants (3/9)
Cherokee Freedmen win tribal citizenship lawsuit (3/8)
Cherokee chief wants to sue BIA over constitution (02/15)
Freedmen descendants shut out of Cherokee Nation (11/22)
Trial concludes in Freedmen membership case (09/15)
DNA tests being used to bolster Indian heritage claims (08/30)
Ex-Cherokee councilors fined for Freedmen support (08/23)
Freedmen descendants use DNA to show Indian blood (06/03)
Column: Civilized Tribes owe reparations to slaves (03/11)
Cherokee Nation seeks role in Freedmen lawsuit (02/21)
Cherokee leaders blast Coburn for 'divisive' remarks (9/17)
Cherokee Freedmen caught in high-level dispute (8/20)
Cherokee Nation chief sworn in for another term (8/15)
Seminole Freedmen rebuffed by Supreme Court (06/29)
Cherokee Freedmen sue BIA for disenfranchisement (8/12)
Court tackles Seminole dispute (9/24)
The Seminole Nation's hanging chad (8/8)
Resolution of Seminole dispute sought in court (5/28)
Court decision rocks Seminole Nation (5/8)
Seminole's Chief Haney restored to power (5/7)
Black Seminole appeal planned (5/1)
Black Seminoles dealt setback (4/30)
Opinion: Seminole Nation always black (4/22)
A fight over funds, race (4/4)
Seminole Head Start funds OKed (2/6)
Seminole changes sought again (1/16)
Ousted Seminole leader sues tribe, BIA (12/14)
Black Seminole issue still divisive (10/29)
Suspended Seminole Chief to sue (6/27)
Seminole Chief Haney suspended (6/26)
Race part of Seminole dispute (1/29)
Seminole voters approve changes (7/7)
Seminole vote may affect Freedmen (7/7)

Copyright © Indianz.Com