CHEROKEE AFTER THE TREATY OF 1866 : EASTERN BAND CITIZENS OF THE STATE RATHER THAN THE CHEROKEE NATION : LEAD UP TO THE DAWES ROLLS

In 1866, by defining who was a member of the Cherokee tribe/Nation, the Cherokee also determined that they could remove someone from the tribe.  This caused conflict as well... In 1866 it went to the Supreme Court

Excerpt page 105 -  "... The United States Supreme Court decided in the case of Eastern Band of the Cherokee Indians v. United States and the Cherokee, Nation, Commonly Called Cherokee Nation West. ... the court ruled that, since Cherokees in North Carolina had "refused to join their countrymen in the removal to the lands ceded to them west of the Mississippi," they could claim nothing belonging to the Cherokee Nation in Indian Territory.  These people had, in effect, legally cut themselves off from the common fund of the Cherokee Nation.  The Cherokees in North Carolina were considered to be "citizens of the state."

Was there total cooperation with this by Native Americans or governmental agents? NO! And forced removal was called a refusal to go to lands ceded to them!

The Cherokee were now in conflict with the United States as the Treaty allowed for a couple railroads to run through their Territory and they were considered to be backward and against progress when they did not easily give up their lands. Their traditional way of life held that land was held in common. So there again, if a particular Cherokee was for giving up land to make way for "progress" rather than stay put, it was a tribal issue and a political one. Did it always have to do with just how "red" someone was?

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