FIRE AND THE SPIRITS - CHEROKEE LAW FROM CLAN TO COURT

• NCJ Number: 25228
• Author(s): R STRICKLAND
• Date Published: 1975
• Length: 280 pages
• Sale Source: University of Oklahoma Press
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

THIS WORK TRACES THE EMERGENCE OF THE CHEROKEE SYSTEM OF LAWS FROM THE ANCIENT SPIRIT DECREES TO THE FUSION OF TRIBAL LAW WAYS WITH ANGLO-AMERICAN LAW.

Abstract

THE CHEROKEES ENACTED THEIR FIRST WRITTEN LAW IN 1808 IN GEORGIA. IN SUCCEEDING YEARS THE LEADERS AND TRIBAL COUNCILS OF THE SOUTHEASTERN AND OKLAHOMA GROUPS WROTE A CONSTITUTION, ESTABLISHED COURTS, AND ENACTED LAWS THAT WERE IN ACCORD WITH THE OLD TRIBAL VALUES BUT REFLECTED AND ACCOMMODATED TO THE WHITES' LEGAL SYSTEM. THIS SYSTEM ENDURED UNTIL 1898, WHEN THE FEDERAL GOVERNMENT ABOLISHED THE CHEROKEE TRIBAL GOVERNMENT. THE AUTHOR PROVIDES A BRIEF REVIEW OF CHEROKEE HISTORY AND EXPLAINS THE CIRCUMSTANCES SURROUNDING THE STAGES OF DEVELOPMENT OF THE LEGAL SYSTEM. EXCERPTS FROM EDITORIALS IN THE 'CHEROKEE PHOENIX' AND THE 'CHEROKEE ADVOCATE', LETTERS, AND TRIBAL DOCUMENTS GIVE ADDED INSIGHT INTO THE PROBLEMS THE CHEROKEES FACED AND THEIR EFFORTS TO RESOLVE THEM. OF PARTICULAR INTEREST IS A SERIES OF CHARTS EXPLAINING THE COMPLEX CHEROKEE SPIRIT SYSTEM OF CRIMES (OR DEVIATIONS) AND THE PUNISHMENTS METED OUT FOR THEM. (AUTHOR ABSTRACT)