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Full-Text Articles in Law

Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss Jan 2015

Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss

Publications

This article addresses the Cherokee tribe and their historic conflict with the descendants of their former black slaves, designated Cherokee Freedmen. This article specifically addresses how historic discussions of black, red and white skin colors, designating the African-ancestored, aboriginal (Native American) and European-ancestored people of the United States, have helped to shape the contours of color-based national belonging among the Cherokee. This article also suggests that Homi K. Bhabha’s notion of postcolonial mimicry offers a potent source for analyzing the Cherokee’s historic use of skin color as a marker of Cherokee membership. The Cherokee past practice of black slavery and …


The Cherokee Nation: A Question Of Sovereignty, Lydia Magyar Nov 2012

The Cherokee Nation: A Question Of Sovereignty, Lydia Magyar

Senior Honors Theses

The history of the Cherokee people with the advent of white settlers in North America is a sad one. Long before Christopher Columbus set foot in the ‘new world’ the Cherokee people were free to live and conduct their relations with each other and with other tribes as they saw fit. With the emergence of foreign hegemony over Native soil followed the suppression and eventual removal of the Cherokee people from their homeland where they had resided for hundreds of years to a reserved area where they would be out of the way of white progression. This thesis proposes to …


The Debate Over Indian Removal In The 1830s, George William Goss Jun 2011

The Debate Over Indian Removal In The 1830s, George William Goss

Graduate Masters Theses

The US in the 1830s debated the relationship between the US and Indian Communities of North America. The principles calling for equal rights and political democracy were in contradiction with the principles calling for the US to follow colonial principles of the European empires that had begun to invade North America in the late 1400s. The colonies that had revolted against British rule in the late 1700s continued their expansion of settlements and political incorporation. The proposal of Indian Removal was a straightforward expression of that expansionism. There was a national campaign developed in support of the Indian resistance, particularly …


The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser Jan 2005

The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser

Ezra Rosser

This paper explores the history and present day implications of the Cherokee Nation's 1835 treaty-based right to a Congressional Delegate.


The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser Jan 2005

The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This paper explores the history and present day implications of the Cherokee Nation's 1835 treaty-based right to a Congressional Delegate.


An Act To Provide For The Allotment Of Lands In Severalty To Indians On The Various Reservations (Kappler) (Kappler), Charles J. Kappler, Henry L. Dawes Jan 1904

An Act To Provide For The Allotment Of Lands In Severalty To Indians On The Various Reservations (Kappler) (Kappler), Charles J. Kappler, Henry L. Dawes

US Government Documents related to Indigenous Nations

This 1904 transcription of “An Act to Provide for the Allotment of Lands in Severalty to Indians on the Various Reservations," also knows the General Allotment Act or the Dawes Act of 1887 was printed in vol. I of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally passed on February 8, 1887, this act authorized the US government to break up reservations and tribal lands, previously held in common, into individual plots. Aimed at assimilating Indigenous people into white society, this act promoted agriculture and grazing by allotting tribal members or families who registered a portion of reservation land …


An Act To Provide For The Allotment Of Lands In Severalty To Indians On The Various Reservations (General Allotment Act Or Dawes Act), Henry L. Dawes Feb 1887

An Act To Provide For The Allotment Of Lands In Severalty To Indians On The Various Reservations (General Allotment Act Or Dawes Act), Henry L. Dawes

US Government Documents related to Indigenous Nations

This Act, passed on February 8, 1887, authorized the US government to break up reservations and tribal lands, previously held in common, into individual plots. Aimed at assimilating Indigenous people into white society, this act promoted agriculture and grazing by allotting tribal members or families who registered a portion of reservation land outlined in the document. Furthermore, this document granted American citizenship to those who accepted the division of tribal lands.