The Cherokee Nation’s history is intertwined with landmark legal battles that have shaped its sovereignty and identity. In Cherokee Nation: Proceed Undaunted, Chadwick “Corntassel” Smith analyzes pivotal moments such as the Treaty of New Echota and the Nash case, offering insights into how these cases impacted the Cherokee people and their governance.

The Treaty of New Echota (1835): A Betrayal of Sovereignty

The Treaty of New Echota remains one of the most controversial agreements in Cherokee history. Signed by a small faction of Cherokee leaders without the approval of the majority or the Principal Chief, John Ross, the treaty ceded Cherokee lands in the southeastern United States in exchange for territory in Indian Territory (current  Oklahoma). It led to the forced removal of the Cherokee people on the Trail of Tears, during which thousands perished.

Smith highlights the treaty as a tragic breach of sovereignty, noting that it was fraudulently enacted and not representative of the Cherokee people’s will. This event underscores the challenges faced by Indigenous nations in defending their autonomy against external pressures. Despite its devastating impact, the Cherokee Nation persevered, rebuilding its governance structures in Indian Territory.

Nash Case (2021): Redefining Identity

In a more recent controversy, the Nash case brought the issue of Cherokee citizenship to the forefront. The Cherokee Supreme Court’s 2021 decision to remove the “by blood” requirement from the Constitution sparked intense debate. As Smith explains, this decision amended citizenship criteria without a direct vote from the Cherokee people, contradicting the constitutional mandate.

The implications of the Nash case extend beyond legal technicalities; they strike at the heart of Cherokee identity. By altering the definition of citizenship, the case raised questions about the balance between inclusivity and preserving cultural distinctiveness. For many, it also highlighted the need for greater transparency and adherence to constitutional principles.

Lessons from Legal Battles

Both the Treaty of New Echota and the Nash case illustrate the complex relationship between sovereignty and identity. While the treaty represented an external attack on Cherokee autonomy, the Nash case reflected internal challenges to self-governance. Together, they demonstrate that sovereignty is not only about external recognition but also about internal unity and adherence to the will of the people.

Landmark legal cases in the Cherokee Nation’s history reveal the ongoing struggle to define and protect sovereignty and identity. As Cherokee Nation: Proceed Undaunted illustrates, these battles offer valuable lessons in resilience, transparency, and the importance of constitutional governance. For the Cherokee Nation, navigating these challenges is a testament to the enduring strength of its people and their commitment to self-determination.