Mixed Race Studies

Intermarried-Whites in the Cherokee Nation Between the Years 1865 and 1887

Chronicles of Oklahoma
Volume 6, Number 3 (September, 1928)
pages 299-326

A. H. Murchison
Muskogee, Oklahoma

The Cherokee Indians in all their various treaties with the United States, numbering about twenty, obtained provisions whereby the United States was to exclude intruding white persons from their territory. We find, however, as far back as 1819 in their written laws¹ where the Cherokees made provision to take care of and authorize intermarriage. Data concerning the Cherokee Indians concerns Oklahoma and, as a number of the laws under which they lived in Indian Territory were formerly passed in the states of Tennessee and Georgia, it would be interesting to follow their intermarriage laws from the first written in the East to those passed in the West up to about the year 1869.

Several of the old Cherokee Laws and Resolutions start with the words, “Whereas, a law has been in existence for many years, but not committed to writing, that if * * * etc.,” This wording is not prefixed to any of the intermarriage laws and it is reasonable to deduct that prior to 1819 there had been no law on the matter.

This first law passed at “New Town, Cherokee Nation, November 2, 1819” follows:

“RESOLVED BY THE NATIONAL COMMITTEE AND COUNSEL, That any white man who shall hereafter take a Cherokee woman to wife be required to marry her legally by a minister of the gospel or other authorized person, after procuring license from the National Clerk for that purpose, before he shall be entitled and admitted to the privileges of citizenship, and in order to avoid imposition on the part of any white man,

RESOLVED, That any white man who shall marry a Cherokee woman the property of the woman so marry, shall not be subject to the disposal of her

husband, contrary to her consent, and any white man so married and parting from his wife without just provocation, shall forfeit and pay to his wife such sum or sums, as may be adjudged to her by the National Committee and Council for said breach of marriage, and be deprived of citizenship, and it is also resolved, that it shall not be lawful for any white man to have more than one wife, and it is also recommended that all others should also have but one wife hereafter.  By order of the National Committee.

Jno Ross, Pres’t N. Com.
Approved—Path (his x mark) Killer
Chas R. Hicks,
A. McCoy, Clerk.”….

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An Act to Prevent Amalgamation with Colored Persons

Chronicles of Oklahoma
Volume 6, No. 2 (June, 1928)
Interesting Ante-bellum Laws of the Cherokees, Now Oklahoma History
page 179

James W. Duncan
Tahlequah, Oklahoma

Be it enacted by the National Council, that intermarriage shall not be lawful between a free male or female citizen with any person of color, and the same is hereby prohibited, under the penalty of such corporal punishment as the courts may deem it necessary and proper to inflict, and which shall not exceed fifty stripes for every such offense.

Tahlequah, September 19, 1839.

John Ross, Principal Chief

Approved.

A Vanishing Race

Chronicles of Oklahoma
Volume 4, Number 1 (June, 1926)
pages 100-115

G. A. Crossett, Editor
Caddo Herald

One of the largest and most intelligent tribes of original American Indians in the United States today is the Choctaws, who inhabit the southeastern portion of Oklahoma.

The Choctaws formerly occupied the central and northern portions of Mississippi. At the time of the war of the American Independence they numbered about twelve thousand. They early made friends with the white settlers, and rarely gave serious trouble to their white neighbors. They were loyal to the United States Government.

AIDED JACKSON

In the War of 1812, the Choctaws furnished a large regiment of soldiers to the American army, commanded by Andrew Jackson. Their outstanding leader was a young man named Apushmataha. He was unlettered, but a brilliant leader of men; strong and wise in council, eloquent and convincing in speech. He made a journey to the neighboring tribes of Cherokees, Creeks and Chickasaws, and won them over to the cause of the Americans in this campaign. It was during this campaign that he and Andrew Jackson became fast friends—a friendship that continued as long as both men lived. He was with Jackson at the Battle of New Orleans, and his men gave a good account of themselves, being expert marksmen with their popular weapons, the rifle.

Later years saw Apushmataha the spokesman of his people in Washington, before the Interior Department and Congress. His intimacy and friendship with Jackson was renewed when that warrior became president. It was during this period that agitation for removal of the Indian tribes from the southeastern states began. The white settlers had found the soil good, and wanted it all for themselves…

…By nature the Choctaws were roving, loved the field and forest, the great outdoors. He liked the dew, the big wide places; he built his houses far apart. He communed with his God, Chiowa, he called Him, in His vaulted dome; he felt the pull of the Great Spirit in the outdoors. Not many fullbloods are left. He had mixed his blood with the white, until they truly are a, vanishing race. He has taken on white man’s ways; he has accepted his God; he has taken his language; he has built homes like his white brothers. He is no longer pure American in his blood. Now he lives like the white man. He has as many characteristics as there are people. He has take on the good and the bad. He is simply now like the average American white man.

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The Mayes

Chronicles of Oklahoma
Volume 15, Number 1 (March, 1937)
pages 56-65

John Bartlett Meserve

The saga of the Cherokees, from the dawn of their arrival in the old Indian Territory down to the present, is emphatically one of constant change in their social, economic, and political lives. The influence of the adventurous white men who intermarried and cast their fortunes among the Indians was very pronounced. The mixed blood descendants of those soldiers of fortune in numerous instances achieved wealth, distinction, and leadership among the Indians and strongly influenced their tribal life. Numerous families of prominence grew up among the mixed blood Cherokee Indians. These families, while none the less proud of their Indian blood, were and are today, capable, in many instances, of tracing an ancestry back to some early white colonial ancestor of more or less renown. The intermarriage of these families provoked a sort of aristocracy in the social and intellectual life of the Cherokees and today among them are families of the highest culture and refinement. They may have been clannish to a degree, but probably inherited this trait from the Scotch with whom they were largely intermarried. The Cherokees have their “first families” and most charming they are indeed. It is worthy of note that the Cherokee Nation had no principal chief of the full blood after the days of the adoption of its constitution in 1827. Its political affairs, after that time, were managed by shrewd, mixed-blood politicians bearing white men’s names and speaking the white man’s language and frequently, with scarcely enough Indian blood to evidence itself in their features.

The Adair family was outstanding among the Cherokees. Two brothers, John and Edward Adair, Scotchmen whose father is reputed to have achieved much prominence in England during the reign of George III, came to America in 1770 and engaged in trading operations with the Indians and ultimately intermarried among the Cherokees in Tennessee. John Adair married Ga-hoga, a full blood Cherokee Indian woman of the Deer clan and his son, Walter Adair, known as Black Watt, was born on December 11, 1783 and became an active character among the Cherokees. Walter Adair married Rachel Thompson, a white woman, on May 13, 1804 and died in Georgia on January 20, 1835. Rachel Thompson was born in Georgia on December 24, 1786 and died near what is today Stilwell, Oklahoma, on April 22, 1876. Nancy Adair, a daughter of Walter and Rachel Adair was born in Georgia on October 7, 1808, married Samuel Mayes on January 22, 1824 and died in what is today Mayes County, Oklahoma on May 28, 1876 and is buried in the old family cemetery on the Wiley Mayes place some seven miles east of Pryor, Oklahoma…

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