By Rennard Strickland
This e-book strains the emergency of the Cherokee approach of legislation from the traditional spirit decrees to the fusion of tribal legislation methods with Anglo-American law.The Cherokees enacted their first written legislation in 1808 in Georgia. In succeeding years the leaders and tribal councils of the southeastern and Oklahoma teams wrote a structure, proven courts, and enacted legislation that have been in accord with the outdated tribal values yet mirrored and accommodated to the whites’ criminal process. because of the good reward of Sequoyah-his syllabary-the Cherokees have been good versed of their legislation, in a position to learn and interpret them from a really early time. The procedure served the folks good. It persisted till 1898, while the government abolished the tribal government.The writer offers a quick evaluate of Cherokee historical past and explains the conditions surrounding the levels of improvement of the felony method. Excerpts from editorials within the Cherokee Phoenix and the Cherokee suggest, letters, and tribal records provide additional perception into the issues the Cherokees confronted and their efforts to unravel them. Of specific curiosity is a sequence of charts explaining the complicated Cherokee spirit process of crimes (or "deviations") and the punishments meted out for them.
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Extra info for Fire and the Spirits: Cherokee Law from Clan to Court
Villages were laid out around a large town or council house with small individual dwellings surrounding these centers. The Cherokees owned very little in the way of personal property. Hunting and warfare were central to the life of the aboriginal Cherokees, but the tribe had embraced limited agriculture and planted fields which supplemented the hunt. The Cherokee males were the hunters; women were charged with gardening, cooking, making pottery, and rearing children. 2 Each of these separate phases of development reflects a general attitude and policy shift.
Corpus of the Cherokee Written Laws 103 VII. Lawyers, Judges, and Sheriffs: Cherokee Courts in Operation 120 VIII. Cherokee Supreme Courts Apply Their Law, 18671898 158 IX. Criminal Punishment: A Case Study of Tribal Change 168 X. The End of Cherokee Law 175 XI. Survival of Traditional Cherokee Ways 183 Appendices 203 1. Cherokee Legal History: Chronology, 15401907 205 2. Summary of Early Laws of the Cherokees, 18081829 211 3. Cherokee Constitution 227 4. Jefferson to the Cherokee Deputies, January 9, 1809 237 Bibliography 239 Index 255 Page xix Illustrations Maker of Medicine Frontispiece Cherokee Lawgiver Page 13 Cherokee "Kings" visit England 14 Fate of the Prisoner 15 Traditional Cherokee village 16 Ancient Cherokee wampum belts 17 Laws of the Cherokee Nation, 18 Cherokee laws in syllabary 19 Cherokee Supreme Court Building, New Echota, Georgia 20 Cherokee Indian Council, 1843 85 Newspaper publications 86 Original act of the Cherokee National Council 87 Old Cherokee Home 88 William Shorey Coodey 89 Jesse Bushyhead 90 Reverend Stephen Foreman 91 Judge John Thompson Adair 91 Full-blood Cherokee judge 92 Weekly Advocate 125 Laying corner stone 126 United States Court Building 128 Cherokee Indian police 129 Zeke Proctor 130 Sam Sixkiller 131 Resolution 132 Chief's annual address 133 Page xx Cherokee Capitol, Tahlequah Page 134 Laws of Cherokee Nation 135 New Jury Law 136 Thomas Mitchell Buffington 137 William Pressley Thompson 137 Joseph M.
Legal norms existed on four levels among the ancient Cherokees. "11 The first of the norms were those governing relationships between man and the supernaturalthe Spirit Beings. Second were the norms prescribing conduct of the individual Indian toward specific public order, issues relating to the entire village or tribe. Next were the norms concerning clan rights and duties. 12 The Cherokees distinguished between norms regulating public conduct and those designed to assist in preventing or curing diseases.
Fire and the Spirits: Cherokee Law from Clan to Court by Rennard Strickland