Sunday, April 26, 2009

So by Law can American Indians still own slaves on Indian Land?

From 1750 to the American Civil War in 1861, Native Americans, especially those in the Southeast, interacted with enslaved blacks in every way possible, although there is no evidence that blacks ever owned Indian slaves. The nature of this interaction depended upon the historical character of the Indian groups, the enslaved people in their midst, and the white slaveholders. Native Americans assisted runaway slaves and also tracked them down and returned them to slavery. They married free and enslaved blacks, and accepted the children of such unions with few strings attached. They also sold blacks to whites, trading them like so many blankets or horses. Most importantly, many Indians owned black slaves. By 1824, it is estimated that the Cherokee owned 1,277 black slaves; the Choctaw and the Chickasaw held over 5,000 blacks in slavery by 1860. Some mixed-blood Indians, such as the Choctaw chief Greenwood Lefore and the Cherokee chief John Ross, owned between 100 and 400 enslaved blacks respectively. And when the southeastern Indians were forcefully marched west to present-day Oklahoma by the American government in the infamous "Trail of Tears" in the 1830s and 1840s, as many as 15,000 enslaved blacks were taken with them.

So by Law can American Indians still own slaves on Indian Land?
No.





The US Constitution is the supreme law of the land.





The Thirteenth Amendment of the US Constitution abolishes slavery and as such, no one may traffic in slaves in the US or any of it's possessions/territories.





Federal statutory laws are also the law of the land, as long as their Constitutional. Indian Tribes cannot violate federal law unless specifically exempted under federal law *and* does not violate the Constitution.





Meaning: The federal government cannot pass a federal statutory law that allows Indians to violate the US Constitution (in this case the Thirteenth Amendment).
Reply:Since the Native Americans are considered an independant nation, the answer is yes. No law enforcement agency can make an arrest on tribal land. The Tribal police have to make the arrest then turn the suspect over. Rarely happens. So needless to say, you/your child could be kidnapped, taken onto a reservation, and there is nada you can do about it other than whine to the BIA
Reply:The question shouldn't be is it lawful, the question should be is it right to have slavery at all in any form. The law has been shown time and time again to be wrong.
Reply:Cherokee nation originally made the freed slaves fellow tribal members but last year they kicked them all out
Reply:No, slaves aren't recognized as property in the US. Indian jurisdiction has limits.


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