CHEROKEE : THE 1833 BEGINNINGS OF THE DAWES ROLLS : CRIMINAL WHITE SQUATTERS and the INDIAN PROBLEM : INCOMING SETTLERS THREATENED TRIBAL OWNERSHIP OF LAND

What a book this is!  I'm so glad author Aaron Kushner did not give into political correctness (as it is today) or go sentimental on us as he reported the complications of Cherokee Nation Citizenship.  So very many Americans are today seeking the truth of their ancestry and family history and many of them have heard they have some tribal ancestry as well. I would say that the Cherokee may be the most famous of all the tribes.

Excerpt page 107 -

"In 1883 a group of Eastern humanitarians, led by Senator Henry L. Dawes, began meeting regularly to discuss the "Indian problem."  They observed the influx of white settlers into Indian Territory and the lack of stable law enforcement therein; since the Cherokee Nation and other tribal nations could not prosecute crimes where an American was involved, lawlessness spread like wildfire, especially among white squatters."

Excerpt page 108 - William Ross was the leader of the Cherokee at that time.

"William Ross argued that their system (of communal tenure) created no "landless paupers" or "absent landlords" to brutally eject them; the Cherokee had among them poverty but not starvation.

By 1890 the white settlers were outnumbering the Cherokee and they wanted to acquire property. 

Excerpt page 110 -

"Undeterred by the Cherokee Nation or the half-hearted attempts made by the United States to escort them out, non-citizen whites continued to pour into the Nation. The most dangerous of these were those who advanced "some fantastic claim to citizenship, and who loudly demanded every privilege enjoyed by the Indians" despite tribal authorities repeatedly denying them access. Cherokee leaders soon found themselves operating a minority government in their own territory.  The United States census of Indian Territory of 1890 listed 56,309 inhabitants in the Cherokee Nation. 29,166 were coded white. 5,127 were coded Black, and 22,015 were coded Indian.

Excerpt page 111 -

"Up until 1887, Cherokee leaders had successfully resisted American pressures for allotment and territorial assimilation.  In 1887, Congress passed the General Allotment Act, better known as the Dawes Act, to turn the I*Indians into private land holders,.  By allotting land to individual in tribal nations, the thinking went, the total lands allotted would not equal the total acreage held in common by the tribes, the remainder would be left for white settlers and corporations to consume.  The Dawes act, however, did not app;ly to the Cherokees, Choctaws, Creeks,m= Chickasaws, or Seminoles because of prior Treaty agreements. Nevertheless, the writing was on the wall."  (These were the Five Civilized Tribes.)

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CHEROKEES and THE CIVIL WAR : FULL BLOODED PRIDE MEANT TO BE OPPOSED TO WHITE SOCIETY : CHEROKEE AFFILIATE WITH CONFEDERACY : TRIBAL MEMBERSHIP CHANGES : TREATY OF 1866

Previously, the Cherokee, Creek, and Osage Nations who had suffered removal (Trail of Tears) from their territories and were now forced to live together  and signed a compact which was intended to establish unity - peaceful relationships and secure the general welfare. It was signed on November 2, 1843. The idea was to protect themselves from the United States.

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.

Excerpt page 83 - 

"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.

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GIVING INTERNET ARCHIVE A TRY : SEARCHING FOR CHEROKEE and CHEROKEE plus GENEALOGY

INTERNET ARCHIVES : CHEROKEE SEARCH  up comes a Cherokee - English dictionary, many books about the culture of this Native American tribe, Compiled Laws of the Cherokee Nation,  mid 19th century Cherokee Baptist booklets

Adding the word genealogy INTERNET ARCHIVES search CHEROKEE + GENEALOGY up comes Cherokee By Blood books.

PROVING NATIVE AMERICAN TRIBAL AFFILIATION

Recently another person asked me to help them prove they are part Native American, because they want Tribal Rights or advantages such as certain college scholarships.

I love a challenge.

Luckily the tribal affiliation this person is seeking is Cherokee, I believe Eastern Band.

I've found that contacting tribes for help from their end does not usually result in help. Many tribes just do not have the volunteers to coordinate efforts. I have many unanswered e-mails, even when the tribe has a website.

My advice is to proceed with proofing your genealogy starting with yourself. Then your parents, and then moving back through the lineage to show the death, marriage, and birth of the grandparents or great-grandparents who would be Native American. Besides certificates of death, marriage, and birth, THE UNITED STATES CENSUS helps you put these people in family groups.

SOMETIMES PEOPLE ARE IDENTIFIED AS NATIVE AMERICAN on census but SO WHAT?

So - honesty - I've found so many discrepancies when it comes to census information on a family when it comes to race that in itself race on a census is not dependable. There is always the question of if a family member reported these races or a census taker looked at a person and made a personal judgment.

BUT LOCATING THE FAMILY ON CENSUS IS STILL ALL IMPORTANT because it places the family at an address, a location.

CHECKING THE NATIVE AMERICAN CENSUS is a good idea, in this case the census of the Cherokee is categorized as one of the FIVE CIVILIZED TRIBES! You may or may not find people listed with Indian names and/or Americanized names. (By the way the notion that the Cherokee were "civilized" because they were more cooperative with the U.S. Government is subjective.)

Do all these steps - as much as you can - before contacting the tribe! The tribe will probably only tell you what their requirements for membership, if at all possible, are. Usually proving 1/16th relationship is the key.

UPDATE MARCH 2016: This is a very popular post and I'm so happy to be of some help to all of you.  Now that DNA testing is getting more and more specific, I think it's a good idea to get a DNA test as part of your quest.

UPDATE DECEMBER 2025: Please use the search feature on this blog as I've posted much more on Native American ancestry since this post!

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NARA NATIONAL ARCHIVES OF THE UNITED STATES

Just adding this WONDERFULLY USEFUL LINK ! Check out the Five Civilized Tribes databases!