Cherokee Freedmen Controversy

The Cherokee Freedmen Controversy is an ongoing political and tribal dispute between the Cherokee Nation of Oklahoma and descendants of the Cherokee Freedmen regarding tribal citizenship. During the American Civil War, the Cherokee who supported the Union abolished the practice of African slavery by act of the Cherokee National Council in 1863. The Cherokee Freedmen became citizens of the Cherokee Nation in accordance with a treaty made with the United States government a year after the Civil War ended. In the early 1980s, the Cherokee Nation administration amended citizenship rules to require direct descent from an ancestor listed as "Cherokee By Blood" on the Dawes Rolls. The change stripped descendants of the Cherokee Freedmen of citizenship and voting rights unless they satisfied this new criterion.

On March 7, 2006, the Cherokee Supreme Court ruled that the descendants of the Cherokee Freedmen were unconstitutionally kept from enrolling as citizens and were allowed to enroll in the Cherokee Nation. Chad "Corntassel" Smith, then-Principal Chief of the Cherokee Nation, called for an emergency election to amend the constitution in response to the ruling. After a petition was circulated, a special election held on March 3, 2007 resulted in a constitutional amendment that disenrolled the Cherokee Freedmen descendants. This led to several legal proceedings in United States and Cherokee Nation courts in which the Freedmen descendants continued to press for their treaty rights and recognition as Cherokee Nation members. The 2007 constitutional amendment was voided in Cherokee Nation district court on January 14, 2011, but was overturned by a 4-1 ruling in Cherokee Nation Supreme Court on August 22, 2011 before the special run-off election for Principal Chief. The ruling excluded the Cherokee Freedmen descendants from voting in the special election.

After the freezing of $33 million dollars in funds by the Department of Housing and Urban Development and a letter from the Assistant Secretary of the Bureau of Indian Affairs in response to the ruling, an agreement in federal court between the Cherokee Nation, the Freedmen descendants and the US government allowed the Freedmen to vote in the special election. Bill John Baker was elected Principal Chief in the special election and inaugurated in October 2011. The Cherokee Supreme Court dismissed an appeal of the election results by former chief Chad Smith.

Read more about Cherokee Freedmen Controversy:  The Cherokee Freedmen, Reactions To The Controversy

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    Howard Estabrook (1884–1978)

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    Zora Neale Hurston (1891–1960)

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    Thomas Hobbes (1579–1688)