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Cherokee Freedmen

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Cherokee Freedmen

The Cherokee Freedmen are individuals, formerly enslaved in the Cherokee Nation and freed in 1863, and their descendants. They have African ancestry, and many also have Cherokee ancestry. Today, descendants of the Cherokee Freedmen on the Dawes Rolls are eligible for citizenship within the Cherokee Nation.

During the early 19th century, some Cherokee and other Southeast Native American nations known as the Five Civilized Tribes held African-American slaves as property. Slavery was an important part of the Cherokee economy and culture; by 1860, Cherokee Nation members owned 2,511 slaves, largely taken from the Southeast thirty years before. This slave labor contributed to the redevelopment of Cherokee infrastructure. After the American Civil War, the Cherokee Freedmen were emancipated and allowed to become citizens of the Cherokee Nation in accordance with a reconstruction treaty made with the United States in 1866.

In the early 1980s, the Cherokee Nation administration amended citizenship rules to require direct descent from an ancestor listed on the "Cherokee By Blood" section of the Dawes Rolls. The change stripped descendants of the Cherokee Freedmen of citizenship and voting rights unless they satisfied this new criterion. As a result, there were several legal proceedings between the two parties from the late 20th century to August 2017.

On August 30, 2017, the U.S. District Court ruled in favor of the Freedmen descendants and the U.S. Department of the Interior, granting the Freedmen descendants full rights to citizenship in the Cherokee Nation. After Justice Shawna Baker of the Cherokee Nation Supreme Court published the opinion, Effect of Cherokee Nation v. Nash & Vann v. Zinke, CNSC-2017-07 in 2021, the Cherokee Nation's Supreme Court ruled to remove the words "by blood" from its constitution and other legal doctrines.

"Freedmen" is one of the terms given to emancipated slaves and their descendants after slavery was abolished in the United States following the American Civil War. In this context, "Cherokee Freedmen" refers to the African American people who were enslaved by Cherokee people before 1866. It includes the descendants of such former slaves, as well as those born in unions between free or enslaved African Americans and Cherokee Nation citizens, and the term "Cherokee Freedmen descendants" is also sometimes used to identify contemporary members of the group.

Several Cherokee Freedmen descendants have continued to embrace this historical connection. Others, after having been excluded from the tribe for two decades in the late twentieth century and subject to a continuing citizenship struggle, have become ambivalent about their ties. They no longer think identifying as Cherokee is necessary to their personal identity.

Slavery was a component of Cherokee society prior to European colonization, as they frequently enslaved enemy captives taken during times of conflict with other Indigenous tribes. By their oral tradition, Cherokee people traditionally viewed slavery as the result of an individual's failure in warfare and as a temporary status, pending release or the slave's adoption into the tribe. During the late 17th and early 18th century, Carolinian settlers purchased or impressed Cherokees as slaves.

From the late 1700s to the 1860s, the Five Civilized Tribes in the American Southeast began to adopt certain Euro-American customs. Some men acquired separate land and became planters, purchasing enslaved African Americans for laborers in field work, domestic service, and various trades. In the 1730s, the Cherokee signed a treaty with the British Empire to return runaway slaves to British colonists.

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