The Cherokee Freedmen: A History of Identity, Struggle, and Recognition
- authenticwriting19
- Oct 2
- 5 min read
The story of the Cherokee Freedmen is a powerful and often overlooked chapter in American history. These individuals—descendants of African Americans once enslaved by members of the Cherokee Nation—have long fought for recognition, rights, and inclusion within the tribe. Their journey intersects with the broader narratives of slavery, Native sovereignty, Reconstruction, and civil rights. It is a story of resilience, legal battles, and cultural survival.
This article explores the origins, legal struggles, cultural contributions, and modern-day status of the Cherokee Freedmen. It also provides resources for those seeking to trace their ancestry and claim their rightful place in Cherokee history.
Slavery among Native American tribes, particularly the Five Civilized Tribes (Cherokee, Chickasaw, Choctaw, Creek, and Seminole), is a complex and often misunderstood aspect of U.S. history. By the early 19th century, many Cherokee citizens had adopted European-American agricultural practices, including the use of enslaved African labor.
Origins of Enslavement
The Cherokee began enslaving African Americans in the late 1700s, with the practice expanding significantly by the 1830s.
Enslaved people were used primarily for agricultural labor, domestic service, and skilled trades.
Unlike in the Deep South, Cherokee slaveholders often lived in close proximity to the enslaved, creating unique social dynamics.
During the forced removal of the Cherokee Nation in the 1830s—known as the Trail of Tears—enslaved African Americans were also made to march alongside their enslavers. This brutal journey resulted in the deaths of thousands, including many enslaved individuals.
The 1835 Treaty of New Echota led to the removal of the Cherokee from their ancestral lands in the Southeast to Indian Territory (present-day Oklahoma).
Enslaved people were not only forced to relocate but also continued to be held in bondage in the new territory.
By 1860, the Cherokee Nation had over 2,500 enslaved African Americans, making it one of the largest slaveholding tribes in Indian Territory.
Emancipation and the Treaty of 1866
The Civil War deeply divided the Cherokee Nation. Some Cherokee aligned with the Confederacy, while others supported the Union. This division had lasting consequences for the Freedmen.
In 1863, the Cherokee National Council passed a law emancipating enslaved people. However, enforcement was inconsistent, and many remained in bondage until the end of the Civil War.
After the war, the U.S. government negotiated new treaties with the Five Civilized Tribes. The Treaty of 1866 between the Cherokee Nation and the United States was a landmark document for Freedmen rights.
Key provisions included:
Full Citizenship: Freedmen and their descendants were granted “all the rights of native Cherokees.”
Land Access: Freedmen were entitled to land allotments under the Dawes Act.
Political Participation: Freedmen could vote, hold office, and participate in tribal governance.
This treaty became the foundation for future legal battles over Freedmen citizenship.
The Dawes Rolls and the “By Blood” Controversy
Between 1898 and 1907, the U.S. government created the Dawes Rolls to determine tribal citizenship and allocate land. These rolls categorized individuals as:
Cherokee by Blood
Cherokee Freedmen
Intermarried Whites
Delawares and Shawnees (adopted into the tribe)
Problems with the Dawes Rolls
Freedmen were listed separately, often without a “blood quantum.”
Many individuals with Cherokee ancestry were misclassified due to racial bias or incomplete documentation.
The separation of Freedmen from “Cherokee by Blood” laid the groundwork for future exclusion.
Despite being listed on the Dawes Rolls, Freedmen descendants faced increasing marginalization in the 20th century.
Legal Battles and Citizenship Struggles
In 1983, the Cherokee Nation amended its constitution to require that tribal citizens prove descent from someone listed as “Cherokee by Blood” on the Dawes Rolls. This change effectively disenfranchised thousands of Freedmen descendants.
Freedmen were denied tribal citizenship, voting rights, and access to services.
The amendment sparked decades of legal challenges and activism.
Rev. Roger Nero and other Freedmen descendants sued the Cherokee Nation, arguing that the 1983 amendment violated the Treaty of 1866. The case was dismissed as a tribal matter, but it galvanized the Freedmen movement.
In a landmark decision, the U.S. District Court ruled that Freedmen descendants are entitled to full citizenship in the Cherokee Nation. The court cited the Treaty of 1866 and affirmed that the Cherokee Nation must honor its obligations.
The ruling restored citizenship to thousands of Freedmen descendants.
It marked a turning point in the fight for recognition and equality.
In 2021, the Cherokee Nation Supreme Court removed the “by blood” language from its constitution. This decision was hailed as a victory for inclusivity and justice.
The reform acknowledged the historical wrongs committed against Freedmen.
It reaffirmed the tribe’s commitment to honoring the Treaty of 1866.
Cultural Contributions and Identity
Despite exclusion, Cherokee Freedmen have maintained strong cultural ties and contributed significantly to Cherokee society.
Education and Community Building
Freedmen established schools and advocated for literacy and learning.
Communities such as Taft, Redbird, and Boley in Oklahoma became cultural hubs
Political Participation
Joseph Brown, a Freedman, was elected to the Cherokee National Council in 1875.
Freedmen leaders have continued to advocate for civil rights and tribal inclusion.
Dual Heritage
Many Freedmen descendants identify as both African American and Cherokee, embracing a dual heritage that reflects centuries of shared history.
This identity challenges simplistic narratives of race and belonging.
It highlights the intersectionality of Native and African American experiences.
Modern-Day Status of Cherokee Freedmen
Today, Cherokee Freedmen are recognized as full citizens of the Cherokee Nation. However, challenges remain.
Population and Demographics
According to a 2024 report by the Cherokee Nation Task Force on Equality:
Over 15,000 registered Cherokee Citizens of Freedmen Descent
Majority reside in Oklahoma, with significant populations in Tulsa, Oklahoma City, and Muskogee
Freedmen descendants live across 44 U.S. states and one Canadian province
Access to Services
Freedmen citizens now have access to:
Tribal healthcare
Education programs
Voting rights
Cultural initiatives
However, some Freedmen report lingering discrimination and social exclusion within the tribe.
Resources for Descendants
If you believe you may be a descendant of Cherokee Freedmen, here are key resources to help you trace your ancestry and understand your rights:
Genealogy and Enrollment
Dawes Rolls Search
Kern-Clifton Roll
Supplementary roll listing Cherokee Freedmen (1897)
Cherokee Nation Tribal Registration
Advocacy and Support
Freedmen Nation
Offers genealogy tools, legal aid, and community support
Oklahoma Historical Society
Extensive archives on Freedmen and tribal history
Visit Cherokee Nation – Freedmen Timeline
Interactive timeline of Freedmen history
Voices of the Freedmen
Many Freedmen descendants have spoken out about their experiences:
“We are Cherokee. Our ancestors walked the Trail of Tears. They built this Nation. We deserve to be recognized.” — Marilyn Vann, Freedmen advocate
“The fight for citizenship was never just about paperwork. It was about dignity, history, and truth.” — Rev. Roger Nero
Their voices continue to shape the Cherokee Nation’s future.
Conclusion: A Legacy Reclaimed
The Cherokee Freedmen have endured centuries of displacement, discrimination, and denial. Yet their resilience has reshaped the Cherokee Nation’s understanding of citizenship, justice, and identity.
Their story is not just a footnote in Native history—it’s a central chapter. As legal recognition grows, so too does the opportunity to honor their contributions and ensure their rightful place in the Cherokee Nation.
The journey of the Cherokee Freedmen is far from over. But with each legal victory, cultural celebration, and act of remembrance, their legacy becomes stronger and more visible. It is a legacy that belongs not only to the Cherokee Nation but to the broader tapestry of American history.
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