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Rennard Strickland - Fire and the Spirits: Cherokee Law from Clan to Court

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    Fire and the Spirits: Cherokee Law from Clan to Court
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This book traces the emergency of the Cherokee system of laws from the ancient spirit decrees to the fusion of tribal law ways with Anglo-American law.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. Thanks to the great gift of Sequoyah-his syllabary-the Cherokees were well versed in their laws, able to read and interpret them from a very early time. The system served the people well. It endured until 1898, when the federal government abolished the 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.

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title Fire and the Spirits Cherokee Law From Clan to Court Civilization - photo 1

title:Fire and the Spirits : Cherokee Law From Clan to Court Civilization of the American Indian Series ; V. 133
author:Strickland, Rennard.
publisher:University of Oklahoma Press
isbn10 | asin:0806116196
print isbn13:9780806116198
ebook isbn13:9780585259086
language:English
subjectCherokee law.
publication date:1982
lcc:KF8228.C505S7 1975eb
ddc:340/.09701
subject:Cherokee law.
Page i
Fire and the Spirits
Page ii
Maker of Medicine by Joan Hill Reproduced through the courtesy of the - photo 2
Maker of Medicine ,by Joan Hill. Reproduced through the
courtesy of the Philbrook Art Center, Tulsa, Oklahoma.
Page iii
Fire and the Spirits
Cherokee Law from Clan to Court
by
Rennard Strickland
Foreward By
Neill H. Alford, Jr.
University of Oklahoma Press : Norman
Page iv
By Rennard Strickland
Speaker's Sourcebook Series (7 vols.; Fayetteville, 196571)
Sam Houston with the Cherokees (with Jack Gregory; Austin, 1967)
Starr's History of the Cherokees (editor; Fayetteville, 1967)
Indian Spirit Tales Series: Cherokee Spirit Tales, Creek-Seminole Spirit Tales, Choctaw Spirit Tales,
American Indian Spirit Tales
(Muskogee, 196974)
Language Is Sermonic (editor; Baton Rouge, 1970)
Hell on the Border (editor, with Jack Gregory; Muskogee, 1971)
The Cherokee People (with Earl Boyd Pierce; Phoenix, 1973)
How to Get into Law School (New York, 1974)
Legal Rights of Classroom Teachers (New York, 1975)
Fire and the Spirits: Cherokee Law from Clan to Court (Norman, 1975)
The Indians in Oklahoma (Norman, 1980)
Oklahoma Memories (editor, with Anne Hodges Morgan; Norman, 1981)
Library of Congress Cataloging-in-Publication Data
Strickland, Rennard.
Fire and the spirits.
(The Civilization of the American Indian series; no. 133
Bibliography: p. 239.
Includes index.
1. Law, Cherokee. I. Title. II. Series.
KF8228.C505S7 340'.09701 7415903
ISBN: 0-806116196
Copyright 1975 by the University of Oklahoma Press, Norman, Publishing Division of the University. All rights reserved. Manufactured in the U.S.A.
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Page v
For my mother and her Osage grandfather;
For my father and his Cherokee grandmother;
For my alma mater, the School of Law of
the University of Virginia, and her
faculty;
And, especially, for my mentor,
Jack Gregory, and for Mary
Page ix
Foreword
NEILL H. ALFORD, JR.
The laws of American Indian tribes receive only fleeting recognition in most of the early accounts of the affairs of the English colonies in America and of the affairs of the new states following the American Revolution. We have the account by James Adair and those of a few others, but the history of the American Indian in the area of English occupation suffers from the lack of a highly organized and dedicated group of teachers and chroniclers such as the Jesuit missionaries in Central and South America. There was no Manuel de Nobrega and no Jos de Anchietas in the Carolinas. There was no Bartolom de las Casas to plead the cause of the aborigine at the English Court.
The scholar who now seeks to explore the institutions of any Indian tribe or nation within the area of English occupation must deal with bits and pieces of evidence. The chroniclers of Indian "affairs" in the English settlements viewed those affairs as "troubles." William B. Stevens, who prepared the first history of Georgia of scholarly quality (History of Georgia from Its First Discovery by Europeans to the Adoption of the Present Constitution in 1798, 11 vols., 184759), wrote in his chapter "Settlement of Indian Affairs":
Picture 3Picture 4
To give a history of these Indian difficulties the various turns in their treaties and negotiations, the skirmishing-like warfare so long kept up on the frontier, and the many harrowing details of massacre, cruelty and destruction, which were perpetrated in the white man's settlements, would require more space than can be given to such detail; and therefore much must be left untold, and much more must be left to the imagination, while the historian sketches a brief and confessedly incomplete outline of events connected with the Indian affairs of Georgia.
Page x
Lamentably this has been the pattern, and only a reader who recognizes the major obstacles a scholar encounters in his investigation of any aspect of American Indian culture will recognize clearly the monumental task that Strickland has so successfully accomplished in his study of the laws of the Cherokees. Combining his vast knowledge of the culture of this Indian nation, based not only upon his years of research but also upon his fieldwork among the Cherokees of Oklahoma, with his clear perception and firm grasp of the processes by which legal systems develop, Strickland presents a description and analysis of Cherokee law that will serve as a landmark for scholars in the future. In very careful detail he describes the impact of a European legal culture upon a society in which all legal institutions have strong overtones of religion and magic. The processes that he articulates have parallels today when European institutions and tribal traditions clash.
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