The question of whether Cherokee Freedmen are "Indian" is complex, rooted deeply in history, legal precedent, and the multifaceted nature of identity itself.
Understanding Cherokee Freedmen
Cherokee Freedmen refers to the African-American men and women who were formerly enslaved by members of the Cherokee Nation. This enslavement occurred both before and after their forced removal from the southeastern United States to Indian Territory (present-day Oklahoma) and continued through the American Civil War. The descendants of these individuals are central to ongoing discussions about tribal citizenship and what it means to be "Indian."
Historical and Legal Foundations of Their Identity
The status of Cherokee Freedmen and their descendants as "Indian" is primarily affirmed through historical treaties and subsequent legal rulings:
- The 1866 Treaty: Following the American Civil War, the Cherokee Nation signed the Treaty of 1866 with the U.S. government. A crucial provision of this treaty mandated that the Cherokee Nation grant "all the rights of native Cherokees" to their former slaves and their descendants. This treaty forms the bedrock of the Freedmen's claim to full tribal citizenship.
- The Dawes Rolls: In the late 19th and early 20th centuries, the U.S. government compiled the Dawes Rolls, a census that documented members of the Five Civilized Tribes (Cherokee, Chickasaw, Choctaw, Creek, and Seminole). Individuals were often listed under categories such as "by blood," "intermarried white," or "Freedmen." While these classifications were intended for land allotment, the "Freedmen" designation later became a point of contention in tribal citizenship disputes, despite the 1866 Treaty's clear mandate.
- Modern Legal Affirmation: Despite attempts by the Cherokee Nation to restrict citizenship based on lineal descent solely from "by blood" ancestors on the Dawes Rolls, federal courts have consistently upheld the rights of Freedmen descendants. A landmark 2017 U.S. District Court ruling in Cherokee Nation v. Nash (later upheld) definitively affirmed that the descendants of Cherokee Freedmen are full citizens of the Cherokee Nation, entitled to all the rights and privileges of other citizens.
Dimensions of "Indian" Identity
The concept of "Indian" or "Native American" identity is multifaceted, encompassing:
- Tribal Citizenship: Legal membership in a federally recognized tribe is a primary determinant of "Indian" identity in the United States, granting access to tribal rights, services, and self-governance.
- Ancestry: Tracing one's lineage to Native American ancestors. Many Cherokee Freedmen descendants have documented ancestry from both African and Cherokee forebears due to historical intermarriage and relationships.
- Cultural Affiliation: Engagement with and participation in tribal culture, traditions, and community life.
- Self-Identification: An individual's personal recognition and embrace of their identity as Native American or Indigenous.
Are Cherokee Freedmen Indian? A Nuanced Answer
Based on these dimensions, particularly legal and historical context, the answer is nuanced but leans strongly towards affirmation:
| Aspect | Cherokee Freedmen Status | Implications for "Indian" Identity |
|---|---|---|
| Historical Origin | Descendants of African-Americans enslaved by the Cherokee Nation, with a unique, intertwined history with the tribe. | Their historical experience is distinct but inseparable from the Cherokee Nation's history, highlighting a unique and legitimate connection to the tribe that predates the formal establishment of the U.S. government's relationship with tribes. |
| Legal Status (U.S. & Tribal) | Legally recognized citizens of the Cherokee Nation, a federally recognized tribe, as affirmed by the 1866 Treaty and subsequent federal court decisions. | Yes, legally. Tribal citizenship is a fundamental component of "Indian" identity in the U.S. For those who meet the criteria established by treaty and upheld by law, they are recognized as full members of a Native American nation. |
| Ancestry | Many possess documented African and Cherokee ancestry, a result of centuries of intermarriage, relationships, and the complex social structures of the pre-Civil War Cherokee Nation. | Their mixed ancestry reflects a common reality in many Native American communities. While some definitions of "Indian" emphasize "blood quantum," legal precedent and self-identification increasingly prioritize tribal citizenship as the defining factor. |
| Self-Identification | Many descendants identify strongly with both their African American heritage and their Cherokee identity. | Self-identification is a crucial personal aspect of identity, with many embracing their multifaceted heritage as a testament to resilience and belonging. |
| Cultural Ties | While historical marginalization and exclusion impacted cultural transmission for some, many descendants have maintained and are actively reclaiming their ties to Cherokee culture, language, and traditions. | Active engagement with and preservation of cultural heritage reinforce their claim to a holistic "Indian" identity, especially as they regain full access to tribal resources and community participation. |
In conclusion, from a legal and political standpoint, and based on historical treaties, descendants of Cherokee Freedmen are definitively considered Indian through their affirmed citizenship in the federally recognized Cherokee Nation. Their identity is a rich tapestry woven from African and Cherokee threads, embodying a unique and integral part of the Cherokee story.
