A Law of Blood


Book Description

"John Phillip Reid is widely known for his groundbreaking work in American legal history. A Law of Blood, first published in the early 1970s, led the way in an additional newly emerging academic field: American Indian history. As the field has flourished, this book has remained an authoritative text. Forging the research methods that fellow historians would soon adopt, Reid carefully examines the organization and rules of Cherokee clans and towns."--BOOK JACKET.







Race and the Cherokee Nation


Book Description

"We believe by blood only," said a Cherokee resident of Oklahoma, speaking to reporters in 2007 after voting in favor of the Cherokee Nation constitutional amendment limiting its membership. In an election that made headlines around the world, a majority of Cherokee voters chose to eject from their tribe the descendants of the African American freedmen Cherokee Indians had once enslaved. Because of the unique sovereign status of Indian nations in the United States, legal membership in an Indian nation can have real economic benefits. In addition to money, the issues brought forth in this election have racial and cultural roots going back before the Civil War. Race and the Cherokee Nation examines how leaders of the Cherokee Nation fostered a racial ideology through the regulation of interracial marriage. By defining and policing interracial sex, nineteenth-century Cherokee lawmakers preserved political sovereignty, delineated Cherokee identity, and established a social hierarchy. Moreover, Cherokee conceptions of race and what constituted interracial sex differed from those of blacks and whites. Moving beyond the usual black/white dichotomy, historian Fay A. Yarbrough places American Indian voices firmly at the center of the story, as well as contrasting African American conceptions and perspectives on interracial sex with those of Cherokee Indians. For American Indians, nineteenth-century relationships produced offspring that pushed racial and citizenship boundaries. Those boundaries continue to have an impact on the way individuals identify themselves and what legal rights they can claim today.




Cherokees of the Old South


Book Description

First published in 1956, this book traces the progress of the Cherokee people, beginning with their native social and political establishments, and gradually unfurling to include their assimilation into “white civilization.” Henry Thompson Malone deals mainly with the social developments of the Cherokees, analyzing the processes by which they became one of the most civilized Native American tribes. He discusses the work of missionaries, changes in social customs, government, education, language, and the bilingual newspaper The Cherokee Phoenix. The book explains how the Cherokees developed their own hybrid culture in the mountainous areas of the South by inevitably following in the white man's footsteps while simultaneously holding onto the influences of their ancestors.




Fire and the Spirits


Book Description

Volume 133 in The Civilization of the Americas Series This book traces the emergency of the Cherokee system of laws from the ancient spirit decrees to the fusion of tribal law ways with Anglo-American law. The Cherokees enacted their first written law in 1808 in Georgia. In succeeding years the leaders and tribal councils of the southeastern and Oklahoma groups wrote a constitution, established courts, and enacted laws that were in accord with the old tribal values but reflected and accommodated to the whites' legal system. Thanks to the great gift of Sequoyah-his syllabary-the Cherokees were well versed in their laws, able to read and interpret them from a very early time. The system served the people well. It endured until 1898, when the federal government abolished the tribal government. The author provides a brief review of Cherokee history and explains the circumstances surrounding the stages of development of the legal system. Excerpts from editorials in the Cherokee Phoenix and the Cherokee Advocate, letters, and tribal documents give added insight into the problems the Cherokees faced and their efforts to resolve them. Of particular interest is a series of charts explaining the complex Cherokee spirit system of crimes (or "deviations") and the punishments meted out for them. A legal historian of Osage and Cherokee heritage, Rennard Strickland is considered a pioneer in introducing Indian law into university curriculum. He has written and edited more than 35 books and is frequently cited by courts and scholars for his work as revision editor in chief of the Handbook of Federal Indian Law. Strickland has been involved in the resolution of a number of significant Indian cases. He was the founding director of the Center for the Study of American Indian Law and Policy at the University of Oklahoma. He is the first person to have served both as president of the Association of American Law Schools and as chair of the Law School Admissions Council. He is also the only person to have received both the Society of American Law Teachers (SALT) Award and the American Bar Association's Spirit of Excellence Award. Strickland was the dean of the law school from 1997 to 2002.




Serving the Nation


Book Description

Well before the creation of the United States, the Cherokee people administered their own social policy—a form of what today might be called social welfare—based on matrilineal descent, egalitarian relations, kinship obligations, and communal landholding. The ethic of gadugi, or work coordinated for the social good, was at the heart of this system. Serving the Nation explores the role of such traditions in shaping the alternative social welfare system of the Cherokee Nation, as well as their influence on the U.S. government’s social policies. Faced with removal and civil war in the early and mid-nineteenth century, the Cherokee Nation asserted its right to build institutions administered by Cherokee people, both as an affirmation of their national sovereignty and as a community imperative. The Cherokee Nation protected and defended key features of its traditional social service policy, extended social welfare protections to those deemed Cherokee according to citizenship laws, and modified its policies over time to continue fulfilling its people's expectations. Julie L. Reed examines these policies alongside public health concerns, medical practices, and legislation defining care and education for orphans, the mentally ill, the differently abled, the incarcerated, the sick, and the poor. Changing federal and state policies and practices exacerbated divisions based on class, language, and education, and challenged the ability of Cherokees individually and collectively to meet the social welfare needs of their kin and communities. The Cherokee response led to more centralized national government solutions for upholding social welfare and justice, as well as to the continuation of older cultural norms. Offering insights gleaned from reconsidered and overlooked historical sources, this book enhances our understanding of the history and workings of social welfare policy and services, not only in the Cherokee Nation but also in the United States. Serving the Nation is published in cooperation with the William P. Clements Center for Southwest Studies, Southern Methodist University.













Cherokee Women


Book Description

Theda Perdue examines the roles and responsibilities of Cherokee women during the eighteenth and nineteenth centuries, a time of intense cultural change. While building on the research of earlier historians, she develops a uniquely complex view of the effects of contact on Native gender relations, arguing that Cherokee conceptions of gender persisted long after contact. Maintaining traditional gender roles actually allowed Cherokee women and men to adapt to new circumstances and adopt new industries and practices.