DOCSLIB.ORG

Cherokees in Arkansas

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Cherokees in Arkansas CHEROKEES IN ARKANSAS A historical synopsis prepared for the Arkansas State Racing Commission. John Jolly - first elected Chief of the Western OPERATED BY: Cherokee in Arkansas in 1824. Image courtesy of the Smithsonian American Art Museum LegendsArkansas.com For additional information on CNB’s cultural tourism program, go to VisitCherokeeNation.com THE CROSSING OF PATHS TIMELINE OF CHEROKEES IN ARKANSAS Late 1780s: Some Cherokees began to spend winters hunting near the St. Francis, White, and Arkansas Rivers, an area then known as “Spanish Louisiana.” According to Spanish colonial records, Cherokees traded furs with the Spanish at the Arkansas Post. Late 1790s: A small group of Cherokees relocated to the New Madrid settlement. Early 1800s: Cherokees continued to immigrate to the Arkansas and White River valleys. 1805: John B. Treat opened a trading post at Spadra Bluff to serve the incoming Cherokees. 1808: The Osage ceded some of their hunting lands between the Arkansas and White Rivers in the Treaty of Fort Clark. This increased tension between the Osage and Cherokee. 1810: Tahlonteeskee and approximately 1,200 Cherokees arrived to this area. 1811-1812: The New Madrid earthquake destroyed villages along the St. Francis River. Cherokees living there were forced to move further west to join those living between AS HISTORICAL AND MODERN NEIGHBORS, CHEROKEE the Arkansas and White Rivers. Tahlonteeskee settled along Illinois Bayou, near NATION AND ARKANSAS SHARE A DEEP HISTORY AND present-day Russellville. The Arkansas Cherokee petitioned the U.S. government CONNECTION WITH ONE ANOTHER. for an Indian agent. 1813: William Lewis Lovely was appointed as agent and he set up his post on CHEROKEE NATION BUSINESSES RESPECTS AND WILL Illinois Bayou. CONTINUE TO BUILD ON THAT STRONG PARTNERSHIP 1816: Lovely negotiated an Osage land cession benefitting the Cherokee (aka FOR THE GENERATIONS TO COME. “Lovely’s Purchase”). This exacerbated tensions between the Osage and the Cherokee. 1817: Hostilities between the Osage and Cherokee result in the Battle of Clermount/ Claremore Mound/Strawberry Moon. This led to the establishment of Forts Smith and Gibson. Hostilities continued until the mid-1820s. 1817: The Treaty of the Cherokee Agency was signed by Cherokee leaders in both the east and west. Including the western leaders was the first formal recognition of the The 1997 dedication of Western Cherokee. This treaty also created a “Cherokee Reservation” in Arkansas that “Cherokee Crossing” in included what is now Pope County. Russellville, AR. The marker memorializes Cherokees 1821: Dwight Mission was established near present-day Russellville. who called the River Valley 1824: The Western Cherokee formally organized their government. Around home. (left to right) former Cherokee Nation Principal this time, Sequoyah immigrated to Arkansas and established a salt spring near Chief Joe Byrd, President present-day Scottsville (Pope County). of the Russellville Area Ministerial Association 1828: A treaty with the U.S. government ceded the Western Cherokees’ land in Steve Galbo, Miss Cherokee Arkansas for land in what is now Oklahoma. Lindsay Houston and 1838-1839: Cherokees (and members of other tribes) traveled through this area during Cherokee Nation Deputy Chief James Garland Eagle. forced removal from their eastern homelands. There was a water route that traveled the Arkansas River. 1 2 CHEROKEES IN ARKANSAS EARLY CHEROKEE Cherokees migrated from their southeastern homelands to areas of present-day MIGRATIONS TO ARKANSAS Arkansas as early as the mid-to-late 1700s. By the early 1800s, between 2-4,000 Cherokees were living in the Arkansas Territory, near the St. Francis River in In 1788, a group of Cherokees under the leadership of Cherokee headman northeast Arkansas and along the Illinois Bayou and Arkansas River in what is Toquo received permission from the Spanish government to settle in what now Pope County. In 1821, Dwight Mission was established on the west bank was then Spanish Territory. Many of these settlements were initially located of the Illinois Bayou. In 1828, the Western Cherokees, or “Old Settlers,” signed along the St. Francis and White Rivers but some did continue further west a treaty with the U.S. government ceding their land in Arkansas for lands in along the Arkansas River. Following the Louisiana Purchase, Meriwether Lewis what is now Oklahoma. and William Clark were sent to explore the new land acquisition. In 1804, Lewis Throughout the next two centuries, Cherokee Nation’s history continued to reported that there were two Cherokee towns on the St. Francis River. In 1805, be intertwined with the history of Arkansas: from the Cherokees who traveled a trading post at Spadra Bluff (near present-day Clarksville) was established to through Arkansas on their journey to Indian Territory on what became known serve the incoming Cherokees. In 1808, the Osage ceded some of their hunting as the Trail of Tears to Fort Smith, which held legal jurisdiction over federal territory located between the Arkansas and White Rivers in the Treaty of Fort crimes in Indian Territory throughout much of the 19th century. Clark. This land was then occupied by the Cherokee, causing friction Cherokee Nation holds great reverence for historic sites in present-day between the tribes. Arkansas. These sites are often included on motor coach tours that travel through Arkansas on the way to Cherokee, North Carolina, retracing the In 1810, several prominent Cherokees Trail of Tears. led larger emigrant parties to the area. This included leaders such as Duwali (the Bowl), Tahlonteeskee, and Takatoka. A series of earthquakes rattled the region beginning in December 1811 and the Cherokees moved their settlements further west, to an area just north of the Arkansas River. Tahlonteeskee himself settled along the Illinois Bayou, near present-day Russellville. It was during this time that the Duwali, also known as “The Bowl” or John Bowles “Western Cherokees” requested an Indian Agent from the Image courtesy of the Texas State Library and Archives Commission U.S. government. By 1813 a large number of Cherokees were living west of the Mississippi. Estimates of the number of Cherokee residing Map of the Trail of in Arkansas range from 2,000-4,000. The majority of these Cherokee settlements Tears portion of the were on the White and Arkansas Rivers. The Cherokees set up a political Arkansas Heritage Trails System organization independent of their eastern brethren and called their group the Image courtesy of “Cherokee Nation West.” Today, this group is called the Western Cherokee, or the Arkansas Historic Old Settlers. Preservation Program 3 4 William Lewis Lovely was appointed as the area’s first Indian Agent in 1813. This was the first step in recognizing the Western Cherokee as a separate entirety. SEQUOYAH Lovely established his post on the Illinois Bayou and worked to bring peace between the area’s Osage and Cherokee residents. In 1816, Lovely negotiated Famed Cherokee diplomat and scholar Sequoyah moved to Arkansas sometime an Osage land cession (“Lovely’s Purchase”) that would create a 7-million-acre between 1820-1824. He settled along the Illinois Bayou, where he operated a buffer zone between the tribes. Hostilities remained and the Osage killed a war salt-making business. party of about 100 Cherokees the same year. A coalition of Cherokee and other Sequoyah was born in approximately 1765 in the lower Appalachian region tribes affected by Osage hostility gathered at the Cherokee Agency on the of Tennessee. He operated a popular trading post and was known as a skilled Illinois Bayou to plan an attack on Osage Chief Clermont’s village. In October blacksmith and silversmith. 1817, about 600-700 Cherokee, Choctaw, Delaware, and Shawnee warriors traveled west to fight the Osage in what would later be known as the Battle of Around 1809, Sequoyah began to study the syntax and structure of the Cherokee the Strawberry Moon, or the Battle of Claremore Mound. These hostilities led to language, a project he worked on for twelve years. The War of 1812 interrupted his the eventual founding of Forts Smith and Gibson. plans, and he volunteered to fight. After his second term of enlistment ended, he married Sallie Waters and their On July 8, 1817, a treaty was signed in the eastern family spent time in Alabama before settling in Arkansas Cherokee Nation that ceded eastern land for around 1820-1824. Sequoyah once again began to study lands in present-day Arkansas. As many as 4,000 the language. His first attempts were to make a symbol Cherokees planned to move to Arkansas as a result for each word, but that quickly became too much of of this treaty. This included parties under leaders an undertaking. He became more selective and began John Jolly and Walter Webber. The parties and listening more intently to the individual sounds of the their families organized into traditional “towns,” language. Sequoyah realized there were distinct syllables spread out along tributaries from the north used to make up words in the Cherokee language. He side of the Arkansas River, places such as Galla created symbols to match the syllables then used them Creek, Illinois Bayou, Piney Creek, Spadra Creek, Sequoyah, also known as in various combinations to form words. Horsehead Creek, and Mulberry River, as well as George Guess or Gist. Image In 1821, Sequoyah returned from his new home in Dutch Creek and Spring Creek south of the river. courtesy of the Smithsonian Arkansas to the eastern homelands of the Cherokees John Jolly, also known as Col- On September 11, 1824, the Western Cherokee National Portrait Gallery to teach his written language. Only a year after its lee or Jol-lee. Image courtesy formally organized their government along of the Smithsonian American introduction, 90% of the Cherokee people could read democratic lines. Executive power was vested in Art Museum and write the syllabary because it was so logical to the native speaker.
Load more

Recommended publications
  • Talking Stone: Cherokee Syllabary Inscriptions in Dark Zone Caves
    University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Masters Theses Graduate School 12-2017 Talking Stone: Cherokee Syllabary Inscriptions in Dark Zone Caves Beau Duke Carroll University of Tennessee, [email protected] Follow this and additional works at: https://trace.tennessee.edu/utk_gradthes Recommended Citation Carroll, Beau Duke, "Talking Stone: Cherokee Syllabary Inscriptions in Dark Zone Caves. " Master's Thesis, University of Tennessee, 2017. https://trace.tennessee.edu/utk_gradthes/4985 This Thesis is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Masters Theses by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a thesis written by Beau Duke Carroll entitled "Talking Stone: Cherokee Syllabary Inscriptions in Dark Zone Caves." I have examined the final electronic copy of this thesis for form and content and recommend that it be accepted in partial fulfillment of the requirements for the degree of Master of Arts, with a major in Anthropology. Jan Simek, Major Professor We have read this thesis and recommend its acceptance: David G. Anderson, Julie L. Reed Accepted for the Council: Dixie L. Thompson Vice Provost and Dean of the Graduate School (Original signatures are on file with official studentecor r ds.) Talking Stone: Cherokee Syllabary Inscriptions in Dark Zone Caves A Thesis Presented for the Master of Arts Degree The University of Tennessee, Knoxville Beau Duke Carroll December 2017 Copyright © 2017 by Beau Duke Carroll All rights reserved ii ACKNOWLEDGMENTS This thesis would not be possible without the following people who contributed their time and expertise.
    [Show full text]
  • A Many-Storied Place
    A Many-storied Place Historic Resource Study Arkansas Post National Memorial, Arkansas Theodore Catton Principal Investigator Midwest Region National Park Service Omaha, Nebraska 2017 A Many-Storied Place Historic Resource Study Arkansas Post National Memorial, Arkansas Theodore Catton Principal Investigator 2017 Recommended: {){ Superintendent, Arkansas Post AihV'j Concurred: Associate Regional Director, Cultural Resources, Midwest Region Date Approved: Date Remove not the ancient landmark which thy fathers have set. Proverbs 22:28 Words spoken by Regional Director Elbert Cox Arkansas Post National Memorial dedication June 23, 1964 Table of Contents List of Figures vii Introduction 1 1 – Geography and the River 4 2 – The Site in Antiquity and Quapaw Ethnogenesis 38 3 – A French and Spanish Outpost in Colonial America 72 4 – Osotouy and the Changing Native World 115 5 – Arkansas Post from the Louisiana Purchase to the Trail of Tears 141 6 – The River Port from Arkansas Statehood to the Civil War 179 7 – The Village and Environs from Reconstruction to Recent Times 209 Conclusion 237 Appendices 241 1 – Cultural Resource Base Map: Eight exhibits from the Memorial Unit CLR (a) Pre-1673 / Pre-Contact Period Contributing Features (b) 1673-1803 / Colonial and Revolutionary Period Contributing Features (c) 1804-1855 / Settlement and Early Statehood Period Contributing Features (d) 1856-1865 / Civil War Period Contributing Features (e) 1866-1928 / Late 19th and Early 20th Century Period Contributing Features (f) 1929-1963 / Early 20th Century Period
    [Show full text]
  • Central Arkansas Veterans Healthcare System, Little Rock, Arkansas (Source: Accessed on June 22, 2018)
    Office of Healthcare Inspections VETERANS HEALTH ADMINISTRATION Comprehensive Healthcare Inspection Program Review of the Central Arkansas Veterans Healthcare System Little Rock, Arkansas CHIP REPORT REPORT #18-01013-263 AUGUST 30, 2018 The mission of the Office of Inspector General is to serve veterans and the public by conducting effective oversight of the programs and operations of the Department of Veterans Affairs through independent audits, inspections, reviews, and investigations. In addition to general privacy laws that govern release of medical information, disclosure of certain veteran health or other private information may be prohibited by various federal statutes including, but not limited to, 38 U.S.C. §§ 5701, 5705, and 7332, absent an exemption or other specified circumstances. As mandated by law, the OIG adheres to privacy and confidentiality laws and regulations protecting veteran health or other private information in this report. Report suspected wrongdoing in VA programs and operations to the VA OIG Hotline: www.va.gov/oig/hotline 1-800-488-8244 Figure 1. Central Arkansas Veterans Healthcare System, Little Rock, Arkansas (Source: https://vaww.va.gov/directory/guide/, accessed on June 22, 2018) VA OIG 18-01013-263 | Page i | August 30, 2018 CHIP Review of the Central Arkansas Veterans Healthcare System Little Rock, AR Abbreviations CBOC community based outpatient clinic CHIP Comprehensive Healthcare Inspection Program CLABSI central line-associated bloodstream infection CS controlled substances CSC controlled substances
    [Show full text]
  • The Arkansas River Flood of June 3-5, 1921
    DEPARTMENT OF THE INTERIOR ALBERT B. FALL, Secretary UNITED STATES GEOLOGICAL SURVEY GEORGE 0ns SMITH, Director Water-Supply Paper 4$7 THE ARKANSAS RIVER FLOOD OF JUNE 3-5, 1921 BY ROBERT FOLLANS^EE AND EDWARD E. JON^S WASHINGTON GOVERNMENT PRINTING OFFICE 1922 i> CONTENTS. .Page. Introduction________________ ___ 5 Acknowledgments ___ __________ 6 Summary of flood losses-__________ _ 6 Progress of flood crest through Arkansas Valley _____________ 8 Topography of Arkansas basin_______________ _________ 9 Cause of flood______________1___________ ______ 11 Principal areas of intense rainfall____ ___ _ 15 Effect of reservoirs on the flood__________________________ 16 Flood flows_______________________________________ 19 Method of determination________________ ______ _ 19 The flood between Canon City and Pueblo_________________ 23 The flood at Pueblo________________________________ 23 General features_____________________________ 23 Arrival of tributary flood crests _______________ 25 Maximum discharge__________________________ 26 Total discharge_____________________________ 27 The flood below Pueblo_____________________________ 30 General features _________ _______________ 30 Tributary streams_____________________________ 31 Fountain Creek____________________________ 31 St. Charles River___________________________ 33 Chico Creek_______________________________ 34 Previous floods i____________________________________ 35 Flood of Indian legend_____________________________ 35 Floods of authentic record__________________________ 36 Maximum discharges
    [Show full text]
  • The Civil War and Reconstruction in Indian Territory
    University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln University of Nebraska Press -- Sample Books and University of Nebraska Press Chapters 2015 The iC vil War and Reconstruction in Indian Territory Bradley R. Clampitt Follow this and additional works at: http://digitalcommons.unl.edu/unpresssamples Clampitt, Bradley R., "The ivC il War and Reconstruction in Indian Territory" (2015). University of Nebraska Press -- Sample Books and Chapters. 311. http://digitalcommons.unl.edu/unpresssamples/311 This Article is brought to you for free and open access by the University of Nebraska Press at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in University of Nebraska Press -- Sample Books and Chapters by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. The Civil War and Reconstruction in Indian Territory Buy the Book Buy the Book The Civil War and Reconstruction in Indian Territory Edited and with an introduction by Bradley R. Clampitt University of Nebraska Press Lincoln and London Buy the Book © 2015 by the Board of Regents of the University of Nebraska A portion of the introduction originally appeared as “ ‘For Our Own Safety and Welfare’: What the Civil War Meant in Indian Territory,” by Bradley R. Clampitt, in Main Street Oklahoma: Stories of Twentieth- Century America edited by Linda W. Reese and Patricia Loughlin (Norman: University of Oklahoma Press, 2013), © 2013 by the University of Oklahoma Press. Reproduced with permission. All rights reserved Manufactured in the United States of America Library of Congress Cataloging- in- Publication Data The Civil War and Reconstruction in Indian Territory / Edited and with an introduction by Bradley R.
    [Show full text]
  • Cultural Affiliation Statement for Buffalo National River
    CULTURAL AFFILIATION STATEMENT BUFFALO NATIONAL RIVER, ARKANSAS Final Report Prepared by María Nieves Zedeño Nicholas Laluk Prepared for National Park Service Midwest Region Under Contract Agreement CA 1248-00-02 Task Agreement J6068050087 UAZ-176 Bureau of Applied Research In Anthropology The University of Arizona, Tucson AZ 85711 June 1, 2008 Table of Contents and Figures Summary of Findings...........................................................................................................2 Chapter One: Study Overview.............................................................................................5 Chapter Two: Cultural History of Buffalo National River ................................................15 Chapter Three: Protohistoric Ethnic Groups......................................................................41 Chapter Four: The Aboriginal Group ................................................................................64 Chapter Five: Emigrant Tribes...........................................................................................93 References Cited ..............................................................................................................109 Selected Annotations .......................................................................................................137 Figure 1. Buffalo National River, Arkansas ........................................................................6 Figure 2. Sixteenth Century Polities and Ethnic Groups (after Sabo 2001) ......................47
    [Show full text]
  • Guide to State and Local Census Geography
    Guide to State and Local Census Geography Arkansas BASIC INFORMATION 2010 Census Population: 2,915,918 (32nd) Land Area: 52,035.5 square miles (27th) Density: 56.0 persons per square mile (34th) Capital: Little Rock Became a State: June 15, 1836 (25th) Bordering States: Louisiana, Mississippi, Missouri, Oklahoma, Tennessee, Texas Abbreviation: AR ANSI/FIPS Code: 05 HISTORY The United States acquired the area of Arkansas from France as part of the Louisiana Purchase in 1803. Arkansas Territory (spelled in the enabling act as Arkansaw) was organized from part of Missouri Territory on March 2, 1819, and included the greater part of Oklahoma, west to the 100th meridian. Arkansas Territory was reduced in area in 1824 and 1828 to generally assume the boundary of the present state. Arkansas was admitted to the Union on June 15, 1836, as the 25th state. Although the territory had not yet been established, census data are available for Arkansas beginning with the 1810 census (as part of Louisiana Territory). The 1810 and 1820 populations for Arkansas reflect the 1819 boundary of the territory, which included territory now in the state of Oklahoma. The population of the entire legally established Louisiana Territory (of which the area of Arkansas was a part) in 1810 was 20,845. Data for the legally established state of Arkansas are available beginning with the 1840 census. METROPOLITAN AND MICROPOLITAN STATISTICAL AREAS AND RELATED STATISTICAL AREAS Arkansas has 8 metropolitan statistical areas, 14 micropolitan statistical areas, and 2 combined statistical areas. COUNTIES There are 75 counties in Arkansas. The governing body for each county consists of justices of the peace and a county judge.
    [Show full text]
  • 800.438.1601
    Cherokee Welcome Center VisitCherokeeNC.com 800.438.1601 Oconaluftee Indian Village, “ Unto These Hills” Outdoor Drama VisitCherokeeNC.com 866.554.4557 Fisheries & Wildlife Management FishCherokee.com 828.554.6110 Museum of the Cherokee Indian CherokeeMuseum.org 828.497.3481 Sequoyah National Golf Club SequoyahNational.com 828.497.3000 Qualla Arts and Crafts Mutual, Inc. QuallaArtsAndCrafts.com 828.497.3103 VisitCherokeeNC.com | 800.438.1601 This is what Chapter II: Strangers I was told In 1540, Spanish explorer and conquistador Hernando de perception of the region. Peace made Soto came through here looking for gold, demanding food, alliances irrelevant and mounting when I was young. fighting, enslaving—despite what you may have heard, he pressure from land speculators made wasn’t a great guy. Worse were the diseases that came with the Cherokees an inconvenience. Cherokees begin a story the way their people have him. Lacking the immunity to combat these afflictions, In 1830 Andrew Jackson signed the for generations. It’s only fitting to start the story of indigenous peoples were nearly eradicated, victim to Indian Removal Act offering the Eastern Band of Cherokee Indians the same way. plagues such as smallpox, measles, and influenza. territory out west in exchange for Chapter I: A Long Time Ago Nevertheless, the Cherokees continued their homeland. Five years later came the to work through diplomacy with the Treaty of New Echota, which ceded to the The Cherokees were hunters and gatherers, foraging newcomers for the next 200 years. federal government most of the Cherokee lands the Great Smoky Mountains and the lowlands east of the Mississippi, resulting in what is now By the late eighteenth century, seventy-five percent of the Southern Appalachians for food while referred to as the “Trail of Tears.” of Cherokee land had been lost through treaties with hunting, fishing, and trapping game.
    [Show full text]
  • Civil War in the Delta: Environment, Race, and the 1863 Helena Campaign George David Schieffler University of Arkansas, Fayetteville
    University of Arkansas, Fayetteville ScholarWorks@UARK Theses and Dissertations 8-2017 Civil War in the Delta: Environment, Race, and the 1863 Helena Campaign George David Schieffler University of Arkansas, Fayetteville Follow this and additional works at: http://scholarworks.uark.edu/etd Part of the United States History Commons Recommended Citation Schieffler, George David, "Civil War in the Delta: Environment, Race, and the 1863 Helena Campaign" (2017). Theses and Dissertations. 2426. http://scholarworks.uark.edu/etd/2426 This Dissertation is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of ScholarWorks@UARK. For more information, please contact [email protected], [email protected]. Civil War in the Delta: Environment, Race, and the 1863 Helena Campaign A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in History by George David Schieffler The University of the South Bachelor of Arts in History, 2003 University of Arkansas Master of Arts in History, 2005 August 2017 University of Arkansas This dissertation is approved for recommendation to the Graduate Council. ____________________________________ Dr. Daniel E. Sutherland Dissertation Director ____________________________________ ____________________________________ Dr. Elliott West Dr. Patrick G. Williams Committee Member Committee Member Abstract “Civil War in the Delta” describes how the American Civil War came to Helena, Arkansas, and its Phillips County environs, and how its people—black and white, male and female, rich and poor, free and enslaved, soldier and civilian—lived that conflict from the spring of 1861 to the summer of 1863, when Union soldiers repelled a Confederate assault on the town.
    [Show full text]
  • Trailword.Pdf
    NPS Form 10-900-b OMB No. 1024-0018 (March 1992) United States Department of the Interior National Park Service National Register of Historic Places Multiple Property Documentation Form This form is used for documenting multiple property groups relating to one or several historic contexts. See instructions in How to Complete the Multiple Property Documentation Form (National Register Bulletin 16B). Complete each item by entering the requested information. For additional space, use continuation sheets (Form 10-900-a). Use a typewriter, word processor, or computer to complete all items. _X___ New Submission ____ Amended Submission ======================================================================================================= A. Name of Multiple Property Listing ======================================================================================================= Historic and Historical Archaeological Resources of the Cherokee Trail of Tears ======================================================================================================= B. Associated Historic Contexts ======================================================================================================= (Name each associated historic context, identifying theme, geographical area, and chronological period for each.) See Continuation Sheet ======================================================================================================= C. Form Prepared by =======================================================================================================
    [Show full text]
  • The Cherokee Removal and the Fourteenth Amendment
    MAGLIOCCA.DOC 07/07/04 1:37 PM Duke Law Journal VOLUME 53 DECEMBER 2003 NUMBER 3 THE CHEROKEE REMOVAL AND THE FOURTEENTH AMENDMENT GERARD N. MAGLIOCCA† ABSTRACT This Article recasts the original understanding of the Fourteenth Amendment by showing how its drafters were influenced by the events that culminated in The Trail of Tears. A fresh review of the primary sources reveals that the removal of the Cherokee Tribe by President Andrew Jackson was a seminal moment that sparked the growth of the abolitionist movement and then shaped its thought for the next three decades on issues ranging from religious freedom to the antidiscrimination principle. When these same leaders wrote the Fourteenth Amendment, they expressly invoked the Cherokee Removal and the Supreme Court’s opinion in Worcester v. Georgia as relevant guideposts for interpreting the new constitutional text. The Article concludes by probing how that forgotten bond could provide the springboard for a reconsideration of free exercise and equal protection doctrine once courts begin exploring the meaning of this Cherokee Paradigm of the Fourteenth Amendment. Copyright © 2003 by Gerard N. Magliocca. † Assistant Professor, Indiana University School of Law—Indianapolis. J.D., Yale Law School, 1998; B.A., Stanford University, 1995. Many thanks to Bruce Ackerman, Bill Bradford, Daniel Cole, Kenny Crews, Brian C. Kalt, Robert Katz, Mary Mitchell, Allison Moore, Amanda L. Tyler, George Wright, and the members of the Northwestern University School of Law Constitutional Colloquium for their insights. Special thanks to Michael C. Dorf, Gary Lawson, Sandy Levinson, and Michael Klarman, who provided generous comments even though we had never met.
    [Show full text]
  • Creating a Sense of Communityamong the Capital City Cherokees
    CREATING A SENSE OF COMMUNITYAMONG THE CAPITAL CITY CHEROKEES by Pamela Parks Tinker A Thesis Submitted to the Graduate Faculty of George Mason University in Partial Fulfillment of The Requirements for the Degree of Master of Arts Interdisciplinary Studies Committee: ____________________________________ Director ____________________________________ ____________________________________ ____________________________________ Program Director ____________________________________ Dean, College of Humanities and Social Sciences Date:________________________________ Spring 2016 George Mason University Fairfax, VA Creating a Sense Of Community Among Capital City Cherokees A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts Interdisciplinary Studies at George Mason University By Pamela Parks Tinker Bachelor of Science Medical College of Virginia/Virginia Commonwealth University 1975 Director: Meredith H. Lair, Professor Department of History Spring Semester 2016 George Mason University Fairfax, Virginia Copyright 2016 Pamela Parks Tinker All Rights Reserved ii Acknowledgements Thanks to the Capital City Cherokee Community for allowing me to study the formation of the community and for making time for personal interviews. I am grateful for the guidance offered by my Thesis Committee of three professors. Thesis Committee Chair, Professor Maria Dakake, also served as my advisor over a period of years in planning a course of study that truly has been interdisciplinary. It has been a joyful situation to be admitted to a variety of history, religion and spirituality, folklore, ethnographic writing, and research courses under the umbrella of one Master of Arts in Interdisciplinary Studies program. Much of the inspiration for this thesis occurred at George Mason University in Professor Debra Lattanzi Shutika’s Folklore class on “Sense of Place” in which the world of Ethnography opened up for me.
    [Show full text]