A Promise Deferred: The Cherokee Freedmen’s Long Battle for Belonging
TAHLEQUAH, OKLAHOMA – For generations, their ancestors walked the same "Trail of Tears," endured the same hardships, and contributed to the vibrant culture of the Cherokee Nation. Yet, for decades, the descendants of the enslaved people once held by the Cherokee Nation, known as the Cherokee Freedmen, were denied full citizenship within the tribal nation their families helped build. Their struggle, a poignant intersection of racial justice, tribal sovereignty, and historical memory, reached a landmark turning point in 2017, but its echoes continue to resonate through the fabric of the Cherokee Nation and beyond.
The fight of the Cherokee Freedmen is not merely a legal dispute; it is a profound quest for identity, belonging, and the full recognition of a promise made more than 150 years ago. At its heart lies the Treaty of 1866, a foundational document whose interpretation became the crucible for a decades-long legal and social battle.
A Shared History, A Divided Future
To understand the plight of the Cherokee Freedmen, one must delve into the complex and often uncomfortable history of slavery within the Cherokee Nation. Like other Indigenous nations in the southeastern United States – the Choctaw, Chickasaw, Creek, and Seminole, often referred to as the "Five Civilized Tribes" due to their adoption of certain European-American customs – the Cherokee Nation owned enslaved African people. This practice, initially a means of labor and economic prosperity, became deeply entrenched, mirroring the institution of slavery in the Southern states.
When the U.S. government forcibly removed the Cherokee and other tribes from their ancestral lands in the Southeast to Indian Territory (present-day Oklahoma) in the 1830s, the enslaved people were forced to accompany them on the harrowing journey known as the "Trail of Tears." This shared experience of suffering, displacement, and survival forged an undeniable historical bond, yet it would not guarantee an equal future.
The American Civil War brought profound changes. The Cherokee Nation, like others, was internally divided, with factions siding with both the Union and the Confederacy. After the Union victory and the emancipation of all enslaved people, the U.S. government negotiated new treaties with the Indigenous nations that had allied with the Confederacy. The Treaty of 1866 with the Cherokee Nation was one such agreement, and it contained a pivotal clause: Article 9.
This article explicitly stated: "And the Cherokee Nation having, voluntarily, in good faith, and most solemnly, by an act of their national council, on the 18th day of February, 1863, forever abolished slavery, hereby covenant and agree that said freedmen and all free persons residing in said nation, and not by blood or marriage members of any other tribal nation, who were residents of the Cherokee Nation prior to June 1st, 1861, and their descendants, shall have all the rights of native Cherokees."
This language, "all the rights of native Cherokees," seemed unambiguous. It promised full citizenship, including voting rights, land rights, and access to all tribal benefits, to the formerly enslaved people and their descendants. For a time, these rights were largely honored. Freedmen participated in Cherokee political life, held office, and were integrated into the social fabric.
The Erosion of Rights and the Dawes Rolls
However, as the 19th century drew to a close and the U.S. government pushed for the dissolution of tribal governments and the allotment of communal lands, the status of the Freedmen began to erode. The Dawes Commission, established in 1893 to break up tribal landholdings and prepare for Oklahoma statehood, created citizenship rolls that would become central to the dispute.
These rolls categorized individuals into "Cherokee by Blood," "Freedmen," and "Intermarried Whites." While the Freedmen were listed, the separate categorization laid the groundwork for future discrimination. Over time, the Cherokee Nation began to interpret "all the rights of native Cherokees" to mean something less than full, equal citizenship, particularly as federal benefits tied to tribal membership became more significant.
By the late 20th century, the exclusion of Freedmen from full citizenship had become a stark reality. They were denied the right to vote in tribal elections, hold office, and access vital services like healthcare, housing, and educational programs funded by the federal government through the tribe. This disenfranchisement was justified by some within the Cherokee Nation as a matter of tribal sovereignty and the right to determine their own membership, arguing that citizenship should be reserved for those with "Cherokee blood."
Marilyn Vann and the Fight for Justice
This deeply unfair situation galvanized activists like Marilyn Vann, a direct descendant of Cherokee Freedmen and a relentless advocate for their rights. Vann, who would later become president of the Descendants of Freedmen of the Five Civilized Tribes, Inc., spearheaded the legal challenge that would eventually reshape the Cherokee Nation’s understanding of its own history and obligations.
"Our ancestors built this nation, side-by-side with Cherokees by blood," Vann stated in numerous interviews, her voice a steady testament to generations of perseverance. "The Treaty of 1866 is clear. It doesn’t say ‘some’ rights, it says ‘all’ rights. We’re not asking for special treatment; we’re asking for what was promised."
The legal battle, Cherokee Nation v. Raymond Nash et al. (later consolidated with other cases), wound its way through federal courts for decades. The Freedmen’s legal team consistently argued that the Cherokee Nation’s actions violated the Treaty of 1866 and that the U.S. government, as trustee for the Cherokee Nation, had an obligation to enforce the treaty.
The Landmark 2017 Federal Ruling
On August 9, 2017, the U.S. District Court for the District of Columbia delivered a monumental ruling. Judge Thomas F. Hogan concluded unequivocally that the descendants of Cherokee Freedmen "have the right to full Cherokee Nation citizenship." The court found that Article 9 of the 1866 Treaty granted the Freedmen and their descendants "all the rights of native Cherokees," without qualification or distinction based on blood quantum.
The implications were immediate and profound. The ruling meant that the Cherokee Nation could no longer deny citizenship to Freedmen descendants based on their lack of "Cherokee blood" on the Dawes Rolls. Enrollment was to be based solely on their identification as Freedmen on those same rolls.
The initial response from the Cherokee Nation was cautious. Principal Chief Bill John Baker, while acknowledging the court’s decision, initially stated the Nation would review its options, including a possible appeal. However, the federal government, through the Bureau of Indian Affairs, quickly made it clear that continued federal funding for the Cherokee Nation was contingent upon compliance with the court’s order. Faced with the potential loss of millions of dollars in essential services, the Cherokee Nation’s leadership made the pivotal decision to accept the ruling.
"The Treaty of 1866 is a foundational document," Chief Baker announced shortly after the decision. "We are a government of laws, and the U.S. federal courts have now made a definitive ruling in this case. As the Principal Chief, I am obligated to uphold the rule of law."
Integration and Ongoing Challenges
The acceptance of the ruling paved the way for thousands of Freedmen descendants to apply for and receive full Cherokee Nation citizenship. Suddenly, individuals who had been excluded for generations could vote, run for office, access tribal healthcare, housing, educational programs, and participate fully in the cultural and political life of the Nation. Marilyn Vann herself became a registered Cherokee citizen, a testament to her unwavering dedication.
The integration has not been without its complexities. While many Cherokees welcomed their new fellow citizens, some within the Nation continue to grapple with the historical legacy and the implications for tribal identity and sovereignty. The question of who defines "Cherokee" remains a sensitive topic, especially for a people whose identity has been repeatedly challenged and redefined by external forces.
However, the prevailing sentiment, particularly from the current Principal Chief Chuck Hoskin Jr., has been one of reconciliation and moving forward. Hoskin, who took office after the ruling, has consistently affirmed the Cherokee Nation’s commitment to upholding the 2017 decision. "We have lived up to the Treaty of 1866," Chief Hoskin stated in a recent address. "We are stronger for it. Our nation is more complete when all our citizens are recognized and embraced."
The inclusion of Freedmen citizens has also brought a renewed focus on the unique cultural contributions of this community, from their distinct oral histories to their role in preserving certain aspects of Cherokee language and tradition. It has forced a deeper examination of the intertwined histories of African Americans and Native Americans, a narrative often overlooked in mainstream historical accounts.
A Broader Significance
The Cherokee Freedmen’s victory holds significant implications beyond the Cherokee Nation. It sets a precedent for other Indigenous nations, particularly the Choctaw, Chickasaw, Creek, and Seminole, who also had Freedmen listed on the Dawes Rolls and whose treaties with the U.S. government contain similar language regarding the rights of their formerly enslaved populations. The Choctaw and Chickasaw Nations, for instance, continue to deny citizenship to their Freedmen descendants, arguing that their treaties require congressional action to grant citizenship. The Cherokee case serves as a powerful legal and moral challenge to these positions.
The struggle of the Cherokee Freedmen is a powerful reminder that justice is often a long and arduous journey, requiring immense perseverance and a steadfast belief in fundamental rights. It underscores the enduring power of historical treaties and the imperative for nations, both Indigenous and federal, to honor their commitments. As the Cherokee Nation continues to evolve, the full integration of its Freedmen citizens represents not just a legal victory, but a profound step towards healing historical wounds and building a more inclusive and just future for all its people. The promise deferred for so long has, at last, begun to be fulfilled.
