How Can The Historical Precedent Set By The 1866 Treaty With The Cherokee, Which Granted Citizenship And Land Rights To The Freedmen, Be Used To Inform And Bolster Contemporary Arguments For The Reinstatement Of Tribal Citizenship And Cultural Recognition For The Descendants Of Enslaved Africans Who Were Forcibly Assimilated Into Native American Communities During The Antebellum Period?

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The 1866 Treaty with the Cherokee Nation serves as a significant historical precedent that can be leveraged to advocate for the reinstatement of tribal citizenship and cultural recognition for the descendants of enslaved Africans (Freedmen) within Native American communities. Here is a structured argument based on this precedent:

  1. Historical Recognition and Inclusion: The 1866 Treaty explicitly granted citizenship and land rights to the Freedmen, acknowledging their integral role in the Cherokee Nation post-Civil War. This recognition underscores their historical belonging and contributions, which should extend to their descendants.

  2. Legal Obligation and Treaty Honoring: Treaties are part of the U.S. supreme law, and the Cherokee Nation's exclusion of Freedmen descendants contradicts the treaty's provisions. Upholding the treaty honors legal obligations and tribal sovereignty, emphasizing the importance of adhering to agreed terms.

  3. Cultural Ties and Contributions: Descendants of Freedmen have maintained cultural and social ties, contributing to the tribe's identity. Exclusion erases their historical contributions, while reinstatement fosters reconciliation and cultural preservation.

  4. Moral Imperative and Reconciliation: Addressing past injustices, such as slavery and forced assimilation, is a moral obligation. Reinstatement is a step toward healing and justice, aligning with principles of equity and inclusion.

  5. Countering Opposition: While some argue citizenship should be based on blood quantum, the treaty's original intent emphasized integration. This challenges exclusionary policies and supports a more inclusive definition of tribal identity.

  6. Legal and Emotional Impact: Using the treaty in legal arguments can challenge exclusionary policies, supported by precedents where treaties affirmed Native American rights. Emotionally, recognition restores identity and acknowledges historical contributions.

In conclusion, the 1866 Treaty provides a robust foundation to argue for reinstatement, emphasizing legal, cultural, and moral imperatives. It calls for honoring historical agreements and correcting injustices, ensuring the descendants' rightful place within the Cherokee Nation.