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This principle of self-definition has not prevented controversy on the matter. According to the Boston College Sociologist and registered Cherokee, Eva Marie Garroutte, there are upwards of 32 separate definitions of "Indian" used in federal legislation as of a 1978 congressional survey (Garroutte 2003, 16). The 1994 Federal Legislation AIRFA (]) defines an Indian as one who belongs to an Indian Tribe, which is a group that "is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians." Many groups have sought recognition by the federal government as Cherokee tribes, but today there are only three groups recognized by the government. Cherokee Nation spokesman Mike Miller has discussed that some groups, which he calls Cherokee heritage groups, are encouraged (Glenn 2006). Others, however, are controversial for their attempts to gain economically through their claims to be Cherokee, a claim which is disputed by the three federally recognized groups, who assert themselves as the only groups having the legal right to present themselves as Cherokee Indian Tribes (Official Statement Cherokee Nation 2000, Pierpoint 2000). The struggle of groups to be identified as Cherokee did not start recently, however. Novelist ] led a group of delegates to Washington D.C. as early as the 1860s in an attempt to gain federal recognition for a "Southern Cherokee Nation" which was a faction that was opposed to the leadership of rival faction leader and Chief ] (Christiensen 1992). This principle of self-definition has not prevented controversy on the matter. According to the Boston College Sociologist and registered Cherokee, Eva Marie Garroutte, there are upwards of 32 separate definitions of "Indian" used in federal legislation as of a 1978 congressional survey (Garroutte 2003, 16). The 1994 Federal Legislation AIRFA (]) defines an Indian as one who belongs to an Indian Tribe, which is a group that "is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians."
Many groups have sought recognition by the federal government as Cherokee tribes, but today there are only three groups recognized by the government. Cherokee Nation spokesman Mike Miller has discussed that some groups, which he calls Cherokee heritage groups, are encouraged (Glenn 2006). Others, however, are controversial for their attempts to gain economically through their claims to be Cherokee, a claim which is disputed by the three federally recognized groups, who assert themselves as the only groups having the legal right to present themselves as Cherokee Indian Tribes (Official Statement Cherokee Nation 2000, Pierpoint 2000).


Garroutte categorizes four facets of Indian identity: law, biology, culture, and self-identification. By law, membership in the Cherokee Nation is based in being direct blood descendant of a Dawes Act enrollee.{{Fact|date=May 2007}} This is in some ways a broader biological acceptance than some tribes, about two thirds of which, according to Garroutte, require a certain "blood quantum" degree of tribal ancestry, with a quarter being the most common minimum (Garroutte 2003, 16). The role of blood quanta in the Dawes Act itself seems to be in question (Russell 2004, 148)<ref>Steve Russell refers to discussion in LaVelle, John P. ''1999 The General Allotment Act "Eligibility" Hoax: Distortions of Law,'' Policy, and History in Derogation of Indian Tribes. Wicazo Sa Review 14(1):251-302. which refutes writings by Ward Churchill, among others</ref>. As of Febrary 1996, only 37,420 (21 percent of total tribal enrollment of 175,326) had at least one quarter Cherokee blood or more (Sturm 1998, 240). Garroutte categorizes four facets of Indian identity: law, biology, culture, and self-identification. By law, membership in the Cherokee Nation is based in being direct blood descendant of a Dawes Act enrollee.{{Fact|date=May 2007}} This is in some ways a broader biological acceptance than some tribes, about two thirds of which, according to Garroutte, require a certain "blood quantum" degree of tribal ancestry, with a quarter being the most common minimum (Garroutte 2003, 16). The role of blood quanta in the Dawes Act itself seems to be in question (Russell 2004, 148)<ref>Steve Russell refers to discussion in LaVelle, John P. ''1999 The General Allotment Act "Eligibility" Hoax: Distortions of Law,'' Policy, and History in Derogation of Indian Tribes. Wicazo Sa Review 14(1):251-302. which refutes writings by Ward Churchill, among others</ref>. As of Febrary 1996, only 37,420 (21 percent of total tribal enrollment of 175,326) had at least one quarter Cherokee blood or more (Sturm 1998, 240).

Revision as of 02:32, 31 May 2007

This article contains special characters. Without proper rendering support, you may see question marks, boxes, or other symbols. Ethnic group
Cherokee

Flag of the Cherokee Nation

Flag of the United Keetoowah Band.

File:Easternbandcherokeeflag.png
Flag of the Eastern Band Cherokee
Regions with significant populations
Federally Enrolled members:

Cherokee Nation, Oklahoma (f):
   250,000+

United Keetoowah Band of Cherokee Indians, Oklahoma (f):
   10,000

Eastern Band of Cherokee Indians, North Carolina (f):
   10,000+

(f) = federally recognized
Languages
English, Cherokee
Religion
Christianity (Southern Baptist and Methodist), Traditional Ah-ni-yv-wi-ya, other small Christian groups.
Related ethnic groups
American Indians, Five Civilized Tribes, Tuscarora, other Iroquoians.
For other uses, see Cherokee (disambiguation).

The Cherokee ( ah-ni-yv-wi-ya {Unicode: ᎠᏂᏴᏫᏯ} in the Cherokee language) are a people from North America, who at the time of European contact in the 1600s, inhabited what is now the Eastern and Southeastern United States. Most were forcibly moved westward to the Ozark Plateau. They were one of the tribes referred to as the Five Civilized Tribes. According to the 2000 U.S. Census, they are the most numerous of the 563 federally recognized Native American tribes in the United States.

Bands and naming

Several Cherokee Nations and Bands recognized by the U.S. government and representing Cherokees have headquarters in Tahlequah, Oklahoma (the Cherokee Nation and United Keetoowah Band of Cherokee Indians) and at Cherokee, North Carolina (Eastern Band of Cherokee Indians).

A 1984 KJRH-TV documentary, Spirit of the Fire, explored the history of the Keetoowah Nighthawk Society, and their preservation of traditional ceremonies and rituals practiced and maintained by the Cherokee after their arrival in Oklahoma. Redbird Smith was an influential Nighthawk member, and the group revitalized traditional spirituality among Cherokees, beginning in the early 20th century. Today there are 7 ceremonial dance grounds in Oklahoma, and these belong either to the Keetoowah tradition or the Four Mothers Society.

The spelling "Cherokee" was once believed to be from the Cherokee language's name, "Tsalagi" (ᏣᎳᎩ) — this then may have been rendered phonetically in Portuguese (or more likely a Barranquenho dialect, since Hernando de Soto was Extremaduran) as chalaque, then in French as cheraqui, and then by the English as cherokee.

The word "Cherokee" is a derived word which came originally from the Choctaw trade language. It was derived from the Choctaw word "Cha-la-kee" which means "those who live in the mountains" – or (also Choctaw) "Chi-luk-ik-bi" meaning "those who live in the caves." The name which the Cherokee originally used for themselves, and some still use to this day is Ah-ni-yv-wi-ya (literal translation: "Principle People" or "these are all the human people". Most American Indian tribes' names for themselves mean approximately the same thing. However, modern Cherokee call themselves Cherokee, or Tsalagi.

Language and writing system

Main article: Cherokee language
Sequoyah

The Cherokee speak an Iroquoian language which is polysynthetic, and is written in a syllabary invented by Sequoyah (ᏍᏏᏆᏱ). For years, many people wrote transliterated Cherokee on the Internet or used poorly intercompatible fonts to type out the syllabary. However, since the fairly recent addition of the Cherokee syllables to Unicode, the Cherokee language is experiencing a renaissance in its use on the Internet. As of January 2007, however, the Cherokee Nation of Oklahoma still officially uses a non-unicode font for online documents, including online editions of the Cherokee Phoenix.

File:Cherokee Syllabary.png
Cherokee Syllabary

The Cherokee language does not contain any "r" based sounds, and as such, the word "Cherokee" when spoken in the language is expressed as Tsa-la-gi (pronounced Jah-la-gee, or Cha-la-gee) by native speakers, since these sounds most closely resemble the English language. A Southern Cherokee group did speak a local dialect with a trill consonant "r" sound, after early contact with Europeans of both French and Spanish ancestry in Georgia and Alabama during the early 18th century (This "r" sound spoken in the dialect of the Elati, or Lower, Cherokee area – Georgia and Alabama – became extinct in the 19th century around the time of the Trail of Tears, examples are Tsaragi or Tse-La-gee). The ancient Ani-kutani (ᎠᏂᎫᏔᏂ) dialect and Oklahoma dialects do not contain any 'r'-based sounds.

Due to the polysynthetic nature of the Cherokee Language, new and descriptive words in Cherokee are easily constructed to reflect or express modern concepts. Some good examples are di-ti-yo-hi-hi (Cherokee:ᏗᏘᏲᎯᎯ) which means "he argues repeatedly and on purpose with a purpose". This is the Cherokee word for attorney. Another example is di-da-ni-yi-s-gi (Cherokee:ᏗᏓᏂᏱᏍᎩ) which means the final catcher or "he catches them finally and conclusively". This is the Cherokee word for policeman.

Many words, however, have been borrowed from the English Language, such as gasoline which in Cherokee is ga-so-li-ne (Cherokee:ᎦᏐᎵᏁ). Many other words were borrowed from the languages of tribes who settled in Oklahoma in the early 1900s. One of the more humorous examples relates to a town on Oklahoma named "Nowata". The word "nowata" is a Delaware Indian word for "welcome" (more precisely the Delaware word is "nu-wi-ta" which can mean "welcome" or "friend" in the Delaware Language). The white settlers of the area used the name "nowata" for the township, and local Cherokee's, being unaware the word had its origins in the Delaware Language, called the town a-ma-di-ka-ni-gv-na-gv-na (Cherokee:ᎠᎹᏗᎧᏂᎬᎾᎬᎾ) which means "the water is all gone gone from here" -- i.e. "no water".

Other examples of borrowed words are ka-wi (Cherokee:ᎧᏫ) for coffee and wa-tsi (Cherokee:ᏩᏥ) for watch (which led to u-ta-na wa-tsi (Cherokee:ᎤᏔᎾ ᏩᏥ) or "big watch" for clock).

Language Drift

There are two main dialects of Cherokee spoken by modern speakers. The Giduwa dialect (Eastern Band) and the Otali Dialect (also called the Overhill dialect) spoken in Oklahoma. The Otali dialect has drifted significantly from Sequoyah's Syllabary in the past 150 years, and many contracted and borrowed words have been adopted into the language. These noun and verb roots in Cherokee, however, can still be mapped to Sequoyah's Syllabary. In modern times, there are more than 85 syllables in use my modern Cherokee speakers. Modern Cherokee speakers who speak Otali employ 122 distinct syllables in Oklahoma.

History

Cunne Shote, Cherokee Chief painted by Francis Parsons. This portrait is believed to show either Kanagatucko or Oconostota

Prehistoric and Protohistoric periods

In describing the history of Indians living in the interior of the American southeast, scholars use the term prehistory for the time before the mid-1600s, when several Spanish expeditions journeyed through the southeast. After these expeditions the European historic record is silent until about 1700. The term protohistory is used for this period. The time after about 1700 is called the historic era.

Since historic documentation is generally lacking, Cherokee prehistory and protohistory has been studied via oral tradition, linguistic analysis, and archaeology.

Unlike most other Indians of the American southeast at the start of the historic era, the Cherokee spoke an Iroquoian language. Since the Great Lakes region was the core of Iroquoian languages, it is theorized that the Cherokee migrated south from the Great Lakes region. Linguistic analysis shows a relatively large difference between Cherokee and the northern Iroquoian languages, suggesting a split in the distant past.

The ancient settlement of Keetoowah or giduwa (Cherokee:ᎩᏚᏩ), on the Tuckasegee River near present-day Bryson City, North Carolina, is frequently cited as the original Cherokee City.

During the early historic era, Europeans wrote of several Cherokee town groups, usually using the terms Lower, Middle, and Overhill towns. The Lower towns were situated on the headwater streams of the Savannah River, mainly in present-day western South Carolina and northeastern Georgia. Keowee was one of the chief towns. The Middle towns were located in present western North Carolina, on the headwater streams of the Tennessee River, such as the Little Tennessee River, Hiwassee River, and French Broad River. Among several chief towns was Nikwasi. The Overhill towns were located across the higher mountains in present eastern Tennessee and northwestern Georgia. Principal towns included Chota and Great Tellico. It should be noted that these terms were created and used by Europeans to describe their changing geopolitical relationship with the Cherokee.

18th century

Of the southeastern Indian confederacies of the late 1600s and early 1700s (Creek, Chickasaw, Choctaw, etc), the Cherokee were one of the most populous and powerful, and were relatively isolated due to their hilly and mountainous homeland. A relatively small-scale trading system was established with Virginia in the late 1600s. A much stronger and important trade relationship with the colony of South Carolina, based in Charles Town, began in the 1690s and overshadowed the Virginia relationship by the early 1700s.

The Cherokee nation was unified from a society of interrelated city-states in the early 18th century under the "Emperor" Moytoy, with the aid of an unofficial English envoy, Sir Alexander Cumming. In 1730, Chief Moytoy II of Tellico was chosen as "Emperor" by the Elector Chiefs of the principal Cherokee towns. Moytoy also agreed to recognize the British king, George II, as the Cherokee protector. A decade prior to this treaty, the Cherokee had fought a war with South Carolina for several years. The title of Cherokee Emperor, however, did not carry much clout among the Cherokee, and the title eventually passed out of Moytoy's direct avuncular lineage.

One of the most important trading relations between the early European colonies and the Cherokee was the deerskin trade, which peaked around 1750. The Cherokee encountered a great deal of European contact since the 16th century when the Spanish under Hernando de Soto first met the tribe, followed by the French and finally, the British in the 18th century.

Beginning at about the time of the American Revolutionary War in the late 18th century, divisions over continued accommodation of encroachments by white settlers, despite repeated violations of previous treaties, caused some Cherokee to begin to leave the Cherokee Nation. Many of these dissidents became known as the Chickamauga. Led by Chief Dragging Canoe, the Chickamauga made alliances with the Shawnee and engaged in raids against colonial settlements (see Chickamauga Wars). Some of these early dissidents eventually moved across the Mississippi River to areas that would later become the states of Arkansas and Missouri. Their settlements were established on the St. Francis and the White Rivers by 1800.

Pre 19th century society

Much of what we know about pre 19th century Cherokee history, culture, and society comes from the papers of American writer John Howard Payne. Although Paynes work is prejudiced by its attempt to show the "Hebrew" origins of Cherokee religion and by their attempt to draw theological conclusions from that, it is used by researchers as a rich source of information (Irwin 1992). The Payne papers describe the memory Cherokee elder's had of a traditional societal structure based in a "white" organization of elders representing the seven clans, an organization which was hereditary and described as priestly. This group was responsible for religious activities such as healing, purification, and prayer. A second group of younger men were the "red" organization, which was responsible for warfare. However, warfare was considered a polluting activity which required the purification of the priestly class before participants could reintegrate in normal village life. However, this hierarchy had faded by the Cherokee removal in 1838. The reasons have been widely discussed and may include a revolt by the Cherokee against the abuses of the priestly class, the massive smallpox epidemic of the late 1730s, and the inception of Christian ideas which transformed Cherokee religion by the end of the eighteenth century (Irwin 1992).

Ethnographer James Mooney studied the Cherokee in the late 1980s and traced the decline of the former hierarchy to the revolt (Mooney 1900, 392). By that time Cherokee the hierarchy of Cherokee religious practitioners was more informal and based more on individual knowledge and ability than the previous hereditary system. Further complicating this was that the Eastern Cherokee which had not participated in the removal and remained in the mountains of western North Carolina faced constant pressure from the U.S. government, who wished for their removal (Irwin 1992).

Another major source of early cultural history comes from the materials written in Cherokee by Cherokee shamans after the creation of the Cherokee syllabary by Sequoya in the 1820s. These were initially only used by the shaman-author, and were considered extremely powerful (Irwin 1992).

19th century

Eventually, there were such large numbers of Cherokees in these areas, the U.S. Government in 1815 right after the War of 1812 in which Cherokees fought on both the British and American armies, established a Cherokee Reservation in Arkansas, with boundaries from north of the Arkansas River up to the southern bank of the White River. Cherokee leaders who lived in Arkansas were The Bowl, Sequoyah, Spring Frog and The Dutch. Another band of Cherokee lived in southeast Missouri, western Kentucky and Tennessee in frontier settlements and in European majority communities around the Mississippi River.

Chief John Ross, c. 1840

John Ross was an important figure in the history of the Cherokee tribe. His father emigrated from Scotland prior to the Revolutionary War. His mother was a quarter-blood Cherokee woman whose father was also from Scotland. He began his public career in 1809. The Cherokee Nation was founded in 1820, with elected public officials. John Ross became the chief of the tribe in 1828, and remained the chief until his death in 1866.

Cherokees were displaced from their ancestral lands in North Georgia and the Carolinas in a period of rapidly expanding white population, a situationas well as a gold rush around Dahlonega, Georgia in the 1830s. Various official reasons for the removal were given. One was that the Cherokee were not efficiently using their land, and the land should be given to white farmers. Others disputed this, although some contest to this day that President Jackson's intentions toward the Cherokee in this policy was humanitarian. Jackson himself said that the policy was an effort to prevent the Cherokee from facing the fate of "the Mohegan, the Narragansett, and the Delaware" (Wishart 1995, 120). However there is ample evidence that the Cherokee were adapting modern farming techniques, and a modern analysis shows that the area was in general in a state of economic surplus (Wishart 1995).

Despite a Supreme Court ruling in their favor, many in the Cherokee Nation were forcibly relocated West, a migration known as the Trail of Tears or in Cherokee nvnadaulatsvyi (Cherokee:ᏅᎾᏓᎤᎳᏨᏱ). This took place after the Indian Removal Act of 1830, although as of 1883, the Cherokee were the last large southern Indian tribe to be removed. Even so, the harsh treatment the Cherokee received at the Hands of white settlers caused some to enroll to emigrate west (Perdue 2000, 565).

Samuel Carter, author of Cherokee Sunset, writes: "Then… there came the reign of terror. From the jagged-walled stockades the troops fanned out across the Nation, invading every hamlet, every cabin, rooting out the inhabitants at bayonet point. The Cherokees hardly had time to realize what was happening as they were prodded like so many sheep toward the concentration camps, threatened with knives and pistols, beaten with rifle butts if they resisted."

Among the Cherokee, John Ross led the battle to halt their removal. Ross's position was in opposition to that of a group known as the "Ridge Party" or the "Treaty Party". This was in reference to the Treaty of New Echota, which exchanged Cherokee land for land in the west.

Cherokee Nation Courthouse, mid-19th century

On June 22, 1839, the prominent signers of the Treaty of New Echota were executed, including Major Ridge, along with John Ridge and Elias Boudinot by Cherokee extremists.

In 1848, a group of Cherokee set out on an expedition to California, looking for new settlement lands. The expedition followed the Arkansas River upstream to Rocky Mountains in present-day Colorado, then followed the base of mountains northward into present-day Wyoming, before turning westward. The route become known as the Cherokee Trail that also extended northward to Wyoming and Montana. The group, which undertook gold prospecting in California, returned along the same route the following year, noticing placer gold deposits in tributaries of the South Platte. The discovery went unnoticed for a decade, but eventually became one of the primary sources of the Pike's Peak Gold Rush of 1859 and other gold rushes across the western U.S. in the 1860s.

Not all of the eastern Cherokees were removed on the Trail of Tears. William Holland Thomas, a white store owner and state legislator from Jackson County, North Carolina, helped over 600 Cherokee from Qualla Town (the site of modern-day Cherokee, North Carolina) obtain North Carolina citizenship. As citizens, they were exempt from forced removal to the west. In addition, over 400 other Cherokee hid from Federal troops in the remote Snowbird Mountains of neighboring Graham County, North Carolina, under the leadership of Tsali (ᏣᎵ) (the subject of the outdoor drama Unto These Hills held in Cherokee, North Carolina). Together, these groups were the basis for what is now known as the Eastern Band of Cherokees. Out of gratitude to Thomas, these Western North Carolina Cherokees served in the American Civil War as part of Thomas's Legion. Thomas's Legion consisted of infantry, cavalry, and artillery. The legion mustered approximately 2,000 men of both Cherokee and white origin, fighting primarily in Virginia, where their battle record was outstanding. Thomas's Legion was the last Confederate unit in the eastern theater of the war to surrender after capturing Waynesville, North Carolina on May 9, 1865. They agreed to cease hostilities on the condition of being allowed to retain their arms for hunting. This, together with Stand Watie's surrender of western forces on July 23, 1865, gave the Cherokees the distinction of being the very last Confederates to capitulate in both theaters of the Civil War. In Oklahoma, the Dawes Act of 1887 broke up the tribal land base. Under the Curtis Act of 1898, Cherokee courts and governmental systems were abolished by the U.S. Federal Government.

Map of the present-day Cherokee Nation Tribal Statistical Area

20th century

These and other acts were designed to end tribal sovereignty to pave the way for Oklahoma Statehood in 1907 . The Federal government appointed chiefs to the Cherokee Nation, often just long enough to sign a treaty. However, the Cherokee Nation recognized that it needed leadership and a general convention was convened in 1938 to elect a Chief. They choose J. B. Milam as principal chief, and as a goodwill gesture Franklin Delano Roosevelt confirmed the election in 1941 .

File:CNCourthouse1913.jpg
Cherokee Nation Courthouse in Oklahoma, 1913

W. W. Keeler was appointed chief in 1949, but as the federal government adopted the self-determination policy, the Cherokee Nation was able to rebuild its government and W. W. Keeler was elected chief by the people, via a Congressional Act signed by President Richard Nixon. Keeler, who was also the President of Phillips Petroleum was succeeded by Ross Swimmer, Wilma Mankiller, Joe Byrd, and Chad Smith, who is currently the chief of the Nation (2007).

The United Keetoowah Band took a different track than the Cherokee Nation, and received federal recognition after the Indian Reorganization Act of 1934 . They are descended from the Old Settlers or Cherokees that moved west before Removal, and the tribe requires a quarter blood quantum for enrollment. The UKB members must descend from an ancestor on the Final Dawes Roll of the Cherokee. In recent years, it has become the contention of the band that they are descendants of Old Settlers; however, genealogically most do not, but are descendants of those who came on the Trail of Tears.

Cherokee Recognition

Historically, race was not a factor in the acceptance of individuals into Cherokee Society, since historically, the Cherokee People viewed their self-identity as a political rather than racial distinction. Going far back into antiquity based upon existing social and historical evidence as well as oral traditions among the Cherokee themselves, the Cherokee Society was best described as an Indian Republic. Theda Perdue recounts a story from "before the American Revolution" where a black slave named Molly is accepted as a Cherokee as a "replacement" for a woman who was beaten to death by her white husband. According to Cherokee tradition, vengeance for the woman's death was required for her sould to find peace, and the husband was able to prevent his own execution by fleeing to the town of Chota (where according to Cherokee Law he was safe) and purchasing Molly as an exchange. When the wives family accepted Molly, later known as "Chickaw," she became a part of their clan (the Deer Clan), and thus Cherokee (Perdue 2000).

Inheritance was largely matrilineal, and kinship and clan membership was of primary importance until around 1810, when the seven Cherokee clans began the abolition of blood vengeance by giving the sacred duty to the new Cherokee National government. Clans formally relinquished judicial responsibilities by the 1820s when the Cherokee Supreme Court was established. When in 1825, the National Council extended citizenship to biracial children of Cherokee men, the matrilineal definition of clans was broken and clan membership no longer defined Cherokee citizenship. These ideas were largely incorporated into the 1827 Cherokee constitution (Perdue 2000, 564). The constitution did, state that "No person who is of negro or mulatlo parentage, either by the father or mother side, shall be eligible to hold any office of profit, honor or trust under this Government," with an exception for, "negroes and descendants of white and Indian men by negro women who may have been set free" (Perdue 2000, 564-565). Although by this time, some Cherokee considered clans to be anachronistic, this feeling may have been more widely held among the elite than the general population (Perdue 2000, 566). Thus even in the initial constitution, the Cherokee reserved the right to define who was and was not Cherokee as a political rather than racial distinction.

The Congress of the United States, The Federal Courts, and State Courts have repeatedly upheld this sovereignty of Native Tribes and define their relationship in political rather than racial terms, and have stated such as a compelling interest of the United States. The most recent controvesial case which relied upon Federal Precedence in determing who is or is not an Indian was Mooney vs. The United States and Mooney vs. State of Utah:

This Court is not persuaded by the Defendant's arguments concerning the exceptions as determined by AIRFA. The preference given to Indian members of the NAC is clearly not racial in nature, but political in nature. Peyote Way Church of God, Inc. v. Smith, 556 F. Supp. 632, 638 (N.D. Tex. 1983). Congress has a power or a duty to the Indians to preserve their dependent nations as a cohesive culture until such time as they become so assimilated in the mainstream of American culture so as not to be "a people apart" Id. at 639. Congress has recognized this duty in AIRFA. Id. As stated above, the United States has a vested interest and duty in preserving the Indians, dependent nature and culture .... The United States has no such obligation to preserve the culture on non-Indians by granting them such and exception.

Following resolution of the Utah Case, James Mooney was subsequently indicted by the United States and charged with 19 first degree felony counts for falsely claiming to be of Cherokee and Seminole ancestry and operatering a CCE (Continuing Criminal Enterprise). The Federal Court held that Mooney's first ammendment rights to claim he was Indian were preempted by the United States obligations to the Indian Nations and the Directives of Congress and ordered his websites taken down during the pendency of the case. Mooney later agreed to a permanent injunction barring him from distributing controlled substances or claiming he was of Cherokee or Seminole ancestry unless he could meet the eligibility requirements necessary to enroll in a Federally recognized Cherokee or Seminole tribe.


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This principle of self-definition has not prevented controversy on the matter. According to the Boston College Sociologist and registered Cherokee, Eva Marie Garroutte, there are upwards of 32 separate definitions of "Indian" used in federal legislation as of a 1978 congressional survey (Garroutte 2003, 16). The 1994 Federal Legislation AIRFA (American Indian Religious Freedom Act) defines an Indian as one who belongs to an Indian Tribe, which is a group that "is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians."

Many groups have sought recognition by the federal government as Cherokee tribes, but today there are only three groups recognized by the government. Cherokee Nation spokesman Mike Miller has discussed that some groups, which he calls Cherokee heritage groups, are encouraged (Glenn 2006). Others, however, are controversial for their attempts to gain economically through their claims to be Cherokee, a claim which is disputed by the three federally recognized groups, who assert themselves as the only groups having the legal right to present themselves as Cherokee Indian Tribes (Official Statement Cherokee Nation 2000, Pierpoint 2000).

Garroutte categorizes four facets of Indian identity: law, biology, culture, and self-identification. By law, membership in the Cherokee Nation is based in being direct blood descendant of a Dawes Act enrollee. This is in some ways a broader biological acceptance than some tribes, about two thirds of which, according to Garroutte, require a certain "blood quantum" degree of tribal ancestry, with a quarter being the most common minimum (Garroutte 2003, 16). The role of blood quanta in the Dawes Act itself seems to be in question (Russell 2004, 148). As of Febrary 1996, only 37,420 (21 percent of total tribal enrollment of 175,326) had at least one quarter Cherokee blood or more (Sturm 1998, 240).

More recently, researchers discusses the importance of self-identification and cultural tradition on ones identity as an Indian (Garroutte). Although there are various ways in which the nearly 729,533 individuals identified as Cherokee in the 2000 census come to be that way, The use of self identification in US censuses has changed since 2000 as now people are allowed to check multiple categories. Initially it was thought that this would prevent Jim Crow type customs which kept the offspring of Freedmen "black" (Russell 149). At the same time, enrollment in the federally recognized groups is growing as self-identification grows (Morello 2001). Hastings Shade, the Cherokee Nation's deputy chief, talks of a Cherokee legend of a white snake that devours Indian land and people. Many generations later, a young Indian learns its ways and drives a stake through its heart. "In the end," the legend concludes, "only Indian blood will be left, and people will be lining up to try to prove they have Indian blood" (Morello 2001).

Modern Cherokee Nation

File:CNCourthouse.jpg
Cherokee Nation Historic Courthouse in Tahlequah, Oklahoma.

The modern Cherokee Nation in recent times has excelled and has experienced an unprecedented expansion in economic growth, equality, and prosperity for its citizens under the leadership of Principal Chief Chad Smith, with significant business, corporate, real estate, and agricultural interests, including numerous highly profitable casino operations. The Cherokee Nation controls Cherokee Nation Enterprises, and Cherokee Nation Industries, and Cherokee Nation Businesses. CNI is a very large Defense contractor that creates thousands of jobs in Eastern Oklahoma for Cherokee Citizens.

The Nation has constructed health clinics throughout Oklahoma, contributed to community development programs, built roads and bridges, constructed learning facilities and universities for its citizens, instilled the practice of Gadugi and self-reliance in its citizens, revitalized language immersion programs for its children and youth, and is a powerful and positive economic and political force in Eastern Oklahoma.

The Cherokee Nation hosts the Cherokee National Holiday on Labor Day weekend each year and 80,000 to 90,000 Cherokee Citizens travel to Tahlequah, Oklahoma for the festivities. The Cherokee Nation also publishes the Cherokee Phoenix, a tribal newspaper which has operated continuously since 1828, publishing editions in both English and the Sequoyah Syllabary. The Cherokee Nation council appropriates money for historic foundations concerned with the preservation of Cherokee Culture, including the Cherokee Heritage Center which hosts a reproduction of an ancient Cherokee Village, Adams Rural Village (a turn-of-the-century village), Nofire Farms and the Cherokee Family Research Center (genealogy), which is open to the public. The Cherokee Heritage Center is home to the Cherokee National Museum, which has numerous exhibitions also open to the public. The CHC is the repository for the Cherokee Nation as its National Archives. The CHC operates under the Cherokee National Historical Society, Inc., and is governed by a Board of Trustees with an executive committee. Current President of the board is Mary Ellen Meredith. Director Carey Tilley sees over the daily operations.

The Cherokee Nation also supports the Cherokee Nation Film Festivals in Tahlequah, Oklahoma and participates in the Sundance Film Festival in Park City, Utah Many famous American Indian actors are members of the Cherokee Nation, such as Wes Studi.

Environment

Today the Cherokee Nation is one of America's biggest proponents of ecological protection. Since 1992, the Nation has served as the lead for the Inter-Tribal Environmental Council. The mission of ITEC is to protect the health of American Indians, their natural resources and their environment as it relates to air, land and water. To accomplish this mission, ITEC provides technical support, training and environmental services in a variety of environmental disciplines. Currently, there are thirty-nine (39) ITEC member tribes in Oklahoma, California, New Mexico, and Texas.

Cherokee Freedmen

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Main article: Cherokee Freedmen Controversy
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On March 7, 2006, the Cherokee Nation Judicial Appeal Tribunal had announced that the Cherokee Freedmen, the descendants of African American (typically former slaves) who had been made citizens of the tribe by a post-Civil War treaty between the United States and the Cherokee, were eligible for membership as Cherokee Citizens because they were classified by the Federal Government as Indians by being entered on the Dawes Commission Lands rolls during the early 1900s.

However, the Principal Chief of the Cherokee Nation, Chad Smith, recently announced that because of issues raised by the Cherokee People, the issue of the membership of the Freedmen was being considered for a vote regarding proposed amendments to the Cherokee Nation Constitution. These amendments are intended to restrict tribal membership exclusively to Cherokees by blood descent, thus excluding the freedmen from tribal membership. Currently, the Cherokee Nation Constitution restricts who may serve as an elected official to persons of Cherokee blood.

The tribe voted on March 3, 2007 whether to reject the 1866 treaty or to allow the 2006 decision to stand. With 76.6% of the votes cast by those who participated, the tribal citizenship for descendants of black slaves was revoked. Due to the election that resulted in the ousting of the Freedmen, the Cherokee Nation has come under considerable fire from various political circles, including the US Congressional Black Caucus. There have even been calls for the the revocation of all federal funding for the Cherokee Nation; The election has also drawn focus to potentially illegal constitutional issues, as the election took place under a constitution that was not approved by the Secretary of Interior as acknowledged during an April 2007 Cherokee Nation rules committee meeting.

The Cherokee Freedmen were reinstated as citizens of the Cherokee Nation by the Cherokee Nation Tribal Courts on May 15, 2007 while appeals are pending in the Cherokee Nation Courts and Federal Court.

On May 22, 2007, the Cherokee Nation received notice from the United States Bureau of Indian Affairs that the BIA and Federal Government had denied the Cherokee Nation 1999 Amendments to the 1975 Cherokee Nation Constitution because it required BIA approval, which had not been obtained. The BIA also stated concerns that the Cherokee Nation had excluded the Cherokee Freedmen from voting for the 1999 Constitutional Amendments, since they had been improperly shorn of their rights of citizenship years earlier and were not allowed to participate in the constitutional approval. The Cherokee Nation Supreme Court ruled that Cherokee Nation could take away the approval authority it had granted the federal government.

“The Cherokee Nation Supreme Court spoke clearly that the BIA had no authority to approve the Cherokee Nation Constitution,” said Chad Smith, Principal Chief of the Cherokee Nation. “If the BIA has its way, the Cherokee Nation cannot even amend our own constitution. This is contrary to federal policy and court decisions handed down time after time over the last 30 years. It is insulting and wrong, and we will take all appropriate steps to defend our nationhood and right to self-determination.”

“What is at stake here is the sovereignty and self-determination of all Indian tribes,” Smith said. “The BIA is calling into question the right of Indians to be able to decide, through the exercise of their cherished democratic freedoms, the content of their own constitutions. This lies at the core of our fundamental right to self-governance, a principle which has been upheld and respected by the U.S. government for decades. As Cherokee people, we must stand behind the order of our own Supreme Court.”

Relationship with the Eastern Band

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The Cherokee Nation participates in numerous joint programs with the Eastern Band of Cherokee Indians. It also participates in cultural exchange programs and joint Tribal Council meetings involving councillors from both Cherokee Tribes which address issues affecting all of the Cherokee People. Unlike the adversarial relationship between the administrations of the United Keetoowah Band of Cherokee Indians and the Cherokee Nation, the Eastern Band of Cherokee Indians interactions with the Cherokee Nation presents a unified spirit of Gadugi with the leaders and citizens of the Eastern Band.

Marriage Law controversy

On June 14 2004, the Cherokee Nation Tribal Council voted to officially define marriage as a union between man and woman, thereby outlawing same-sex marriage. This decision came in response to an application for a union of a lesbian couple submitted on May 13. The decision kept Cherokee law in line with Oklahoma state law, which outlawed gay marriage as the result of a popular referendum on a constitutional amendment in 2004.

Other Cherokee groups

It has been suggested that this article be merged into Cherokee Heritage Groups. (Discuss)
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The Cherokee Nation itself boasts a membership of almost 300,000, with less than 20,000 in the Eastern Band and the United Keetoowah Band. There are some 200,000 people who self identify as Cherokee but are not enrolled in these federally recognized bands (Thornton 1992, 2). Some of these are enrolled in bands that are recognized by individual states, but not by the federal government, while others are those who self identify for other reasons. There are currently about 30 Cherokee groups seeking recognition as Cherokee nations or tribes from the Bureau of Indian Affairs (Official Statement of Cherokee Nation, 2000). However, the last group to gain recognition as a Cherokee tribe was the United Keetoowah Band of Cherokees more than 50 years ago. In fact, some groups calling themselves Cherokee do not seek recognition, but rather seek to give people with some vague knowledge of Cherokee ancestry a way to learn about and share in that heritage. The afore mentioned Deer Clan and its umbrella organization the Southeastern Cherokee Confederacy are an example of this. While some of these groups do try to push their members to show some form of proof of Cherokee heritage, even if it is not in a form accepted by any of the three official groups, others do not.

This situation has caused a great deal of stress and pain for the Cherokee Nation. Groups claiming to be Cherokee often attempt to solicit money, open Native themed stores, or even run casinos. It is estimated that more than 200 such groups falsely and fraudulently claim such ties. A group calling themselves the Southern Cherokee Nation was able to claim gaming rights in Oklahoma and South Carolina and was nearly able to get a casino before they were stopped (Pierpoint 2000). Although many groups calling themselves Cherokee are not seeking economic gain through this designation, and rather seek through it education and personal fulfillment, groups such as the Southern Cherokee Nation lead many registered Cherokee deeply distrustful of those who claim to be Cherokee without belonging to the official groups.

Famous Cherokees

There were several famous Cherokees in American history, including Sequoyah, who invented the Cherokee writing system. Sequoyah is one of few people in history to invent a widely used writing system singlehandedly. Sequoyah never learned to speak, read or write the English language.

Elias Boudinot, statesman, orator, and editor, wrote Poor Sarah, the first Native-American novel. Stand Watie, Buck's younger brother, was a famous frontiersman and as a commander of Confederate forces, the last to surrender in the American Civil War.

Ned Christie was a Cherokee patriot and subject of many books and magazine articles including a novel of fiction by Pulitzer-Prize-winning author, Larry McMurtry, Zeke and Ned, and Ned Christie's War, a Western novel by Cherokee author Robert J. Conley.

Many famous entertainers have been Cherokee, including Will Rogers.

See also

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Notes

  1. "The American Indian and Alaska Native Population: 2000" (PDF). Census 2000 Brief. 2002-02-01. Retrieved 2007-03-10.
  2. ^ Mooney, James (1995) . Myths of the Cherokee. Dover Publications. ISBN 0-486-28907-9.
  3. Gallay, Alan (2002). The Indian Slave Trade: The Rise of the English Empire in the American South 1670-1717. Yale University Press. ISBN 0-300-10193-7.
  4. Carter (III), Samuel (1976). Cherokee sunset: A nation betrayed : a narrative of travail and triumph, persecution and exile. New York: Doubleday. pp. p. 232. ISBN 0-385-06735-6. {{cite book}}: |pages= has extra text (help)
  5. "Tsali". History and culture of the Cherokee (North Carolina Indians). Retrieved 2007-03-10.
  6. "Will Thomas". History and culture of the Cherokee (North Carolina Indians). Retrieved 2007-03-10.
  7. Mooney vs. State of Utah http://www.nativeamericanchurch.net/stott.html
  8. Mooney vs. State of Utah http://www.nativeamericanchurch.net/stott.html
  9. Mooney vs. United States http://deseretnews.com/dn/view/0,1249,635186785,00.html
  10. Steve Russell refers to discussion in LaVelle, John P. 1999 The General Allotment Act "Eligibility" Hoax: Distortions of Law, Policy, and History in Derogation of Indian Tribes. Wicazo Sa Review 14(1):251-302. which refutes writings by Ward Churchill, among others
  11. "Cherokee Heritage Center". Retrieved 2007-03-10.
  12. "Inter-Tribal Environmental Council". Retrieved 2007-03-10.
  13. "Freedman Decision" (PDF). Retrieved 2007-03-10.
  14. "Citizen Views Fall on Both Sides of Freedmen Issue". Cherokee Nation News Release. 2006-03-13. Retrieved 2007-03-10.
  15. Morris, Frank (2007-02-21). "Cherokee Tribe Faces Decision on Freedmen". National Public Radio. Retrieved 2007-03-11.
  16. "Cherokees eject slave descendants". BBC News. 2007-03-04. Retrieved 2007-03-10.
  17. "Freedmen Seek Federal Injunction To Protect Cherokee Citizenship". KOTV News. 2007-05-09. Retrieved 2007-05-14.
  18. "Cherokee Courts Reinstate Freedmen".
  19. Cherokee Nation Says It Will Abide by Court's Decision on Constitution
  20. BIA rejects Cherokee Amendment
  21. Carter JH. "Father and Cherokee Tradition Molded Will Rogers". Retrieved 2007-03-10.

References

  • Christensen, P.G., Minority Interaction in John Rollin Ridge's The Life and Adventures of Joaquin Murieta MELUS, Vol. 17, No. 2, Before the Centennial. (Summer, 1991 - Summer, 1992), pp. 61-72.
  • Duvall, Deborah L (2000). Tahlequah: And the Cherokee Nation. Arcadia Publishing. ISBN 0-7385-0782-2.
  • Ehle, John (1988). Trail of Tears: The Rise and Fall of the Cherokee Nation. Anchor Books. ISBN 0-385-23954-8.
  • Finger, John R (1993). Cherokee Americans: The Eastern Band of Cherokees in the Twentieth Century. University of Nebraska Press. ISBN 0-8032-6879-3.
  • Garroutte, Eva Marie. Real Indians: identity and the survival of Native America. University of California Press, 2003
  • Glenn, Eddie. "A league of nations?" Tajlequah Daily Press. January 6, 2006 (Accessed May 24, 2007 here).
  • Hill, Sarah H (1997). Weaving New Worlds: Southeastern Cherokee Women and Their Basketry. University of North Carolina Press. ISBN 0-8078-4650-3.
  • Irwin, L, "Cherokee Healing: Myth, Dreams, and Medicine." American Indian Quarterly. Vol. 16, 2, 1992, p. 237
  • Kilpatrick, Jack (1995). Friends of Thunder: Folktales of the Oklahoma Cherokees. University of Oklahoma Press. ISBN 0-8061-2722-8. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  • Mankiller, Wilma (1999). Mankiller: A Chief and Her People. St. Martin's Griffin. ISBN 0-312-20662-3. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  • Mooney, James. "Myths of the Cherokees." Bureau of American Ethnology, Nineteenth Annual Report, 1900, Part I. Pp. 1-576. Washington: Smithsonian Institution.
  • Morello, Carol. "Native American Roots, Once Hidden, Now Embraced". Washington Post, April 7, 2001
  • Meredith, Howard (2003). Reflection on Cherokee Literary Expression. Edwin Mellon Press. ISBN 0-7734-6763-7. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  • Perdue, T. "Clan and Court: Another Look at the Early Cherokee Republic." American Indian Quarterly. Vol. 24, 4, 2000, p. 562
  • Pierpoint, Mary. Unrecognized Cherokee claims cause problems for nation. Indian Country Today. August 16, 2000 (Accessed May 16, 2007)
  • Russell, Steve. "Review of Real Indians: Identity and the Survival of Native America" PoLAR: Political and Legal Anthropology Review. May 2004, Vol. 27, No. 1, pp. 147-153
  • Strickland, Rennard (1982). Fire and the Spirits: Cherokee Law from Clan to Court. University of Oklahoma Press. ISBN 0-8061-1619-6.
  • Sturm, Circe. Blood Politics, Racial Classification, and Cherokee National Identity: The Trials and Tribulations of the Cherokee Freedmen. American Indian Quarterly, WInter/Spring 1998, Vol 22. No 1&2 pgs 230-258
  • Thornton, Russell. The Cherokees: A Population History. University of Nebraska Pres, 1992
  • Vickers, Paul T (2005). Chiefs of Nations First Edition: The Cherokee Nation 1730 to 1839: 109 Years of Political Dialogue and Treaties. iUniverse, Inc. ISBN 0-595-36984-7.
  • Wishart, David M. "Evidence of Surplus Production in the Cherokee Nation Prior to Removal." Journal of Economic History. Vol. 55, 1, 1995, p. 120
  • Robert Conley, a novelist and short story writer who is a member of the UKB. Recommended titles: Mountain Windsong, The Witch of Goingsnake and Other Stories, and Ned Christie's War.
  • Buyer Beware, Only Three Cherokee Groups Recognized Official Statement Cherokee Nation, Oklahoma, Monday, November 13, 2000 (Accessed May 21, 2007 here)
  • "Census 2000 PHC-T-18. American Indian and Alaska Native Tribes in the United States: 2000" United States Census Bureau, Census 2000, Special Tabulation (Acessed May 27, 2007 here)

External links

Organizations

Historical documents

  • Southeastern Native American Documents, 1763-1842, approximately 2,000 documents and images relating to the Native American population of the Southeastern United States from the collections of the University of Georgia Libraries, the University of Tennessee at Knoxville Library, the Frank H. McClung Museum, the Tennessee State Library and Archives, the Tennessee State Museum, the Museum of the Cherokee Indian, and the LaFayette-Walker County Library.

Other

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See also: Cherokee-language Misplaced Pages
Indian Removal
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