The Different Respects in Which Freemen Were Treated during Reconstruction by the Cherokee Nation - Essay Example

? Essay History and Political Science Inserts Insert Grade Insert 20th April, Essay History and Political Science The Cherokee freedmen constituted of various individuals of African origin who were offered citizenship into the Cherokee nation during the nineteenth century. These people originated for continental Africa and came into the Cherokee nation, mainly as slaves, working for the Cherokees. These individuals became citizens of the Cherokee nation through being offered citizenship (Miller and Purvis). Though the Cherokee nation offered them citizenship in the 19th century, their treatment as slaves never changed during that period. Following an establishment of a working treaty with the United States of America, these individuals gained Cherokee citizenship in 1866. Numerous rights of the freedmen remained limited with some being available only to Cherokees and not freedmen Cherokees. During the reconstruction of the Cherokee nation, freedmen were only granted citizenship into the Cherokee nation. Numerous human rights, however, were not granted to the freedmen Cherokees following citizenship. Controversies continued through the 20th century concerning the rights granted to freedmen Cherokees. These individuals felt they were being accorded second grade citizenship with limited rights. Though the Cherokee citizenship offered freedmen with citizenship based on possession of Cherokee blood, amendments into the constitution later involved acceptance based on historical presence. The Cherokee nation presented controversial regulation regarding citizenship of freedmen Cherokees. This controversy continues to yield continuous court battle as freedmen seek acceptance into the citizenship of Cherokee nation. Various Cherokee constitutional laws declare that qualification to Cherokee citizenship should be based on having Cherokee blood relationships and not merely historical presence within the Cherokee nation. The Cherokee nation requires registration and enrolment of citizens through lineal blood descendants. This element is however, controversial as it defines membership and not citizenship. As a tribal nation however, membership was utilized in establishing and offering citizenship. Utilizing modern-day translation of the law, on might fail to be a member of the tribe, yet become a citizen of the nation containing particular tribe. Within the context of Cherokee nation, however, separation of these parameters remains difficult. The integration of the Cherokee nation as part of the United States of America brought significant impact and clarification of the pending citizenship issues. Freedmen Cherokees continued to be accorded limited right by the Cherokee nation. These included limitation into intermarriages with native Cherokees; hence freedmen Cherokees could not intermarry with native Cherokees according to the Cherokees’ regulations. This mainly remained so because these freedmen continued to be viewed as slaves of the Cherokees. There exists an unwritten slavery law where masters cannot intermarry with slaves. This theoretical believe continued to be commonly practiced within the Cherokee nation. The freedmen were also accorded second-class citizenship, with limited rights, like those of intermarriages. Adaptation into the constitution of the United States of America included access to various rights, previously unavailable. These included the right for freedmen Cherokees to vote and elect leaders. Though the united states governments seeks to empower the freedmen Cherokees through giving them human right accorded to other marginalized communities, controversy continues to cloud the issues of freedmen Cherokees. These individuals were offered citizenship into Cherokee nation before integration into the United States of America. The standing order, therefore, remains that they are still bound by the regulations which gave them Cherokee citizenship. These people, therefore, completely remain bound by the constitution of the Cherokee nation whose authority over their citizenship supersedes that on the United States government. Following their initial acceptance of Cherokee citizenship, changing the status remains a difficult task. Under the United States of America constitution, these individuals are offered constitutional rights equal to other citizens. In contrast with the existing Cherokee regulations, freedmen can be accorded a free court hearing. This has seen the freedmen presenting numerous cases within the US jurisdiction seeking to clarify their citizenship rights (Monet). Most of these cases are presented in United States courtrooms where the freedmen have equal rights as citizens of the United States of America. The rulings delivered by court within the United States of America, however, remain bound by the Cherokee nation constitution and must not violate the constitution of Cherokee. The freedmen Cherokees continue to get favorable rulings within these courtrooms. Appeals following these cases, however, must be presented into the Cherokee courts and not the United States Supreme Court (Murphy). The process of legally seeking independence from limited human right therefore continues for the freedmen Cherokee. The United States government offers comprehensive citizenship as contrasted with Cherokee citizenship which comes with limited roles. Freedmen within the jurisdiction of Cherokee were offered citizenship with limited rights. One instant saw freedmen Cherokees being denied the right to participate in a general election. The Cherokee nation denied freedmen constitutional rights provided by the United States of America government. The treatment of Cherokees under the US jurisdiction therefore contains significant differences with treatment under Cherokee national constitution. These discrepancies are caused by the mere definition of Cherokee citizenship under the different constitutional orders. The Cherokee constitution attaches importance to membership, therefore, having citizenship does not guarantee similar treatment as members. Within the US jurisdiction, however, once a citizen all individuals have access to exclusive rights provided within the constitution. The Cherokee government discriminates citizens through introduction of a membership element to the citizenship. This continues to present freedmen as second-class citizens within the Cherokee nation. The United States constitution, however, grants complete citizenship to individuals fitting their requirements. This citizenship grants access to all rights provided by the constitution and even illegalizes different forms of discrimination present among citizens. While discriminative actions still exist within the United States of America boundaries, the constitution offers protection for people targeted by various forms of discrimination. One can seek constitutional protection if faced with incidents of discrimination while within the United States. This right equally applies to non-citizens living within the geographical boundaries of the United States. While citizenship could guarantee provision of basic human right within the context of US jurisdiction, the Cherokee nation citizenship does not guarantee equal right for native and freedmen Cherokees. Discrepancies still exist regarding equal treatment of these Cherokee groups, though they all remain citizens of the Cherokee nation, with valid citizenship. Works Cited Miller, Melinda and Rachel Smith Purvis. "The Cherokees Free Their Slaves." The New York times 17 February 2013. Monet, Jenni. " Cherokee Freedmen Case Returns to Capitol Hill; US Circuit Court of Appeals Will Re-Hear Vann v. Salazar." Indian Country 16 October 2012. Murphy, Sean. "Cherokee Freedmen Controversy: Court Lets Slaves' Descendants Sue Cherokee Chief ." The Huffing post 14 12 2012. Read More