Mr. George Martin, Birdtown CommunityMs. Louise Reed, Snowbird CommunityMr. Matthew Tooni, Painttown CommunityMs. Mary Wachacha, Yellowhill CommunityMs. Amy Walker, 3200 Acre TractAt its first meeting, <strong>Committee</strong> members devised a workable schedule for the tenweekly sessions. The sessions were conducted Thursday evenings from 5 p.m. to 7p.m. Eight of the sessions were conducted at the Qualla Public Library. The ninthsession, held on April 7, 20<strong>11</strong>, was conducted at the Senior Citizens’ Center inSnowbird and the final session, held April 21 at the Senior Citizen’s Center inCherokee Countys ensured inclusion of those communities in the project’sactivities.Each of ten (10) project sessions was videotaped by Jeremy Brown andNathaniel Wade of the EBCI Information Technology (IT) department, andbroadcast, with at least one repeatairing per week, over the tribal televisionchannel, Channel 28. The entire serieswas played back-to-back, on April 23,20<strong>11</strong>.The EBCI Tribal Operations Program(TOP), Office of the Attorney Generaland individual members of the EasternBand Community contributed materialsfor <strong>Committee</strong> research and review.Over fifty(50) documents were collectedthrough the course of the project andwill be made available to the publicthrough the Qualla Public Library,Snowbird Library and Murphy PublicLibrary.Key documents will be presented toCherokee Central Schools, Swain andJackson County Schools, WesternCarolina University’s Cherokee Centerand Hunter Library and the Museum ofthe Cherokee Indian.The <strong>Committee</strong> would like to take thisopportunity to extend their gratitude to thefollowing:To Tribal Council for trusting its citizens toexamine the governing documents and theirhistory by authorizing this important work.To the Community Clubs for theirrecommendations of community members tothe <strong>Committee</strong>.To Cherokee Preservation Foundation, WCUProfessor Robert Conely and the QuallaLibrary for their gracious contributions.To the Community Member Contributors fortheir encouragement, support and interest inthis work.To Jeremy Brown, Nathaniel Wade and the ITDepartment, and, Bruce Welch and theTransit Program for their technical support ofthe groups work.To Sarah Sneed for guiding the committee inits research, analysis and process, and toCarolyn West’s assistance in the research ofthe project. This report to Council, includingthe compilation of certain documentsexamined, i.e., the documents received fromthe NC State Legislative Library, wasdeveloped in collaboration with the<strong>Committee</strong> and written by Sarah Sneed.<strong>Governing</strong> <strong>Documents</strong> <strong>Review</strong> <strong>Committee</strong>5And finally, to the viewing public for theirinterest in and feedback to the <strong>Committee</strong>.
History and Materials Presented<strong>Committee</strong> working sessions were planned with two objectives in mind: tointroduce concepts of constitutionalism and to understand the development ofEastern Band self-governance from pre-colonial times to the present-day.The sessions began with a discussion of the pre-contact (traditional) legal systemof the Cherokee, which, through its clan system, entailed a fully constitutionallegal system. See Reid, A Law of Blood: The Primitive Law of the CherokeeNations and Strickland, Fire and the Spirit: Cherokee Law from Clan to Court.<strong>Governing</strong> <strong>Documents</strong> <strong>Review</strong> <strong>Committee</strong>Through this presentation, basic concepts of constitutionalism were introduced,as well as a description of the conflict that arose between original Cherokee selfgovernanceand the Europeans’ push to have the Cherokees adopt arepresentational government, the mechanism through which Europeans couldmore readily gain title to lands of indigenous Americans, including those of theCherokee.The geographical categorization of the Cherokee villages was discussed, i.e.,Upper, Middle, Outer, Lower Towns, explaining how, though not organized undera single leader and absent a national center, the law of clanship unified theCherokees as a people and a nation. But the 50-60 Cherokee towns, eachunder autonomous leadership that included spiritual councils and politicalcouncils, as well as war and peace councils, did not fit the European powers’need for the identification of a single “chief” who could bind the whole of theCherokee nation to land cessions.The Cherokees faced other legal constructs as the British sovereign claimed theirlands. The Charter under which King George authorized the founding of thecolony of Georgia, part of the Cherokee homeland, was discussed to introduceconcepts of international law, later inherited by the United States, and tointroduce concepts of federal Indian policy.Prior to the present project, the Eastern Band has not recognized its origins as firstappearing in the Treaty of Cherokee Agency (1817) and the Treaty ofWashington (1819). The Treaty of Cherokee Agency references a meeting in 1808between Cherokee delegates and President Thomas Jefferson, at which UpperTown Cherokees expressed a desire to secede from the Cherokee Nation inpursuit of civilization and citizenship.Under the terms of these treaties, the United States granted a number ofCherokee households, properly registered with the federal Indian Agent,individual reservations of 640 acres in western North Carolina, in exchange forpledges that they would become citizens of the United States.6The provisions of these treaties were frustrated, however, by conflicting legaldoctrine, such as principles of federalism, and the realities of a racist politicalorder that denied citizenship to Native- and African-Americans. North Carolina
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