Column: Treaty at issue in Freedmen dispute

Monday, July 16, 2007  

"Not long ago, an issue was shared with me pertaining to the Cherokee Treaty of 1866, which was designed to make free blacks, former slaves and their descendants citizens of the Cherokee Nation.

The discussion was interesting enough that I wanted to learn more about it. The treaty continues in place, but was recently the source of controversy.

In March 2007, the Cherokee Nation put forth an amendment to its constitution.

The amendment called for the removal of freedmen from the rolls of tribal membership, which would result in the loss of voting rights and recognition as a distinct group affiliated with the Cherokee Nation.

The motive appears to be the creation of an all-Indian tribe.

Some say the amendment would violate a pre-existing provision of the Constitution of the Cherokee Nation that states the constitution recognizes the basic rights of all distinct people and groups affiliated with the Cherokee Nation.

In response, the freedmen tribal members filed a preliminary injunction to stop a special election on the issue of removing freedmen from the tribal roll."

Get the Story:
Glenda Overstreet: Native-American treaty being disputed (The Topeka Capital-Journal 7/15)

BIA Letters:
June 22, 2007 | May 21, 2007 | March 28, 2007 | August 30, 2006

Sovereign Immunity Court Decision:
Vann v. Kempthorne (December 19, 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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