Excerpt page 80 -
"Notably, Article I, Section 9, provided that "any citizen of one Nation may be admitted to citizenship in any other Nation, party hereto, by consent of the proper authorities of such Nation."
Excerpt page 81 -
"Throughout the 1840's and 1850's, as Cherokees settled into their new territory, the Nation found itself changing demographically... to be "full blooded" meant something more than racial pride; "it indicated a distinct social, political, and economic attitude" opposed to the impositions and relishes of white civilization. Traditionalists generally did not own slaves and largely disliked the practice... The tension (between Cherokee slave owners who were usually partly Caucasian and these Traditionalists) came to a boil by the time the Confederates asked the Cherokee Nation to join the Southern cause..."
The social divisions between Cherokee meant that there were different attitudes about joining up to fight in the Civil War, and because the Cherokee overall were cooperative, pressure was put up on them to do so, for the Confederacy, as the South was their original territory. Abolitionist Christian missionaries were also speaking out in South Carolina, Mississippi, and Alabama - wherever they had churches.
"In May 1861, "Confederate forces annexed the Indian Territory as a military district" and by October of that year, Albert Pike, Confederate liaison to Indian Territory, had convinced each of the Five Tribes (ie. The Five Civilized tribes - Cherokee, Chickasaw, Choctaw, Muscogee (Creek), and Seminole nations) to join the Confederacy.
The Treaty of 1866 came after the participation in the Civil War proved to damage the Cherokee Nation significantly. As Union troops came through, many defected to the Union side, but the conflict included political divisions within the tribe as well as the consequences of violence.
This Treaty redefined membership and there were significant changes in who could become a member of the tribe - or remain a member, and it emphasized blood. This means that increasingly blood quotients were aligned with political viewpoints.
Excerpt page 83 - 84
... "The new Treaty defined citizenship of the Cherokee Nation as belonging to all native-born Cherokees, all Indians and whites legally adopted by members, all freedmen liberated by acts of their masters, and all free Black persons residing therein."
It's stated by the author, Aaron Kushner, that this Treaty has had ramifications to this day on who is or is not a member of the tribe.
If you are tracing your Native American heritage, please check the changes in such rules or laws as you go back documenting your ancestors, and by tribe. In the case of Cherokee, or perhaps the other nations who potentially agreed to unification in 18 43, who was where in 1866? (Check all Federal and State census...) The Treaty also put into place a time limit or line for those who fit these definitions within 6 months of the Treaty. Because both removal from native lands to new territories and the Civil War, people were displaced, fighting, or traveling, hiding, or had other reasons why they might not have been able to declare themselves or be recognized within those 6 months.
In the genealogy I mentioned researching in my first post of this series, I found that my client had reason to think that at least some of his relatives (if not his direct line) married into Native American tribes. He also might have had melungeon relatives. Though in the South, he stated that his family had never had slaves and did not believe in slavery. The families he was closely related to did not show up on slave schedules as slave owners. However a potential branch of the family in the deep south did own slaves. I found that one side of his family did fight for the Union, signing up in other states, but also that there were Confederate highway robbers among his relatives. Relatives on both sides had married Native Americans. At least one unrelated Native American in their agricultural community - a neighbor so to speak - had owned a good number of slaves. Presently this client likely has relatives who are members of the Eastern Band of Cherokee whose DNA test would show them to have Scottish - Anglo - possibly French Huguenot ancestors. These Cherokee in general were not marched as they remained in North Carolina, in the mountains, married with Europeans.
If you are seeking tribal membership, whatever the tribe, it is my strong suggestion that you continue documenting from the present to the past. Document entire families with birth, marriage, and death records, not just direct ancestry, find anything you can, because you may have success that way showing the lineage going back past the Treaty of 1866.
C 2026 Ancestry Worship - Genealogy
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