# The Eastern Band of Cherokee is currently accepting only infants for membership

**URL:** <https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [July 12, 2009, 4:01am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735 "2009-07-12T04:01:52Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [July 12, 2009, 4:01am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/1 "2009-07-12T04:01:52Z")

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I don’t know where to put this, because although it is not a question, it is a fact. I spoke today with Angie Hull, a Cherokee tribe member, who can be reached at 800-438-1601. She was handling the central switchboard for the Eastern Band home office. Questions about qualification for membership in the tribe should be directed to 828-497-8112.

Although the Department of the Interior defines and certifies Indian nations — it recognizes only three Cherokee tribes, though there are others: the Cherokee Nation in Oklahoma, the Eastern Band of Cherokee, and the United Keetoowah Band of Cherokee Indians — each nation has its own qualifications and issues its own certificates of degree of Indian blood, each based on different lists of ancestors. The Eastern Band uses the Baker List of 1924. If you do not have an ancestor who signed onto that list and your blood is less than 1/16, then you cannot become a tribal member.

(Rarely, and on very special occasions for very special people, honorary memberships are and have been awarded.)

Ms. Hull recalled a rule that was in effect at one time that if a person did not register for membership by his 18th birthday, he was SOL, and would not be accepted into the tribe.

As it turns out, that restriction has greatly tightened. Only infants are given memberships at this point, and the Baker List is being audited. Ms Hull confirmed that only infant children are being given membership at this time — in other words, children whose parents are already members. If the matter is not taken care of in infancy, then the child cannot join. And the Baker Roll audit might likely result in the eviction of some Indians from the Eastern Band.

This is information I received today, which you can verify with the phone numbers given during normal business hours.

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**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\
**Post date:** [July 12, 2009, 4:13am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/2 "2009-07-12T04:13:30Z")

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ok…

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**Author:** ![dropzone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dropzone/32/7515_2.png) [@dropzone](https://boards.straightdope.com/u/dropzone)\
**Post date:** [July 12, 2009, 4:28am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/3 "2009-07-12T04:28:09Z")

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I can’t blame them. There has probably been a lot of abuse of the system by adults wanting to claim benefits to which they are not entitled.

ETA: My wife claims to be a small percentage Cherokee which, plus four dollars at Starbucks, will buy you a crappy cup of coffee.

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**Author:** ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)\
**Post date:** [July 12, 2009, 4:39am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/4 "2009-07-12T04:39:33Z")

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So was there a question?

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**Author:** ![Jamaika\_a\_jamaikaiake](https://avatars.discourse-cdn.com/v4/letter/j/7993a0/32.png) [@Jamaika\_a\_jamaikaiake](https://boards.straightdope.com/u/Jamaika_a_jamaikaiake)\
**Post date:** [July 12, 2009, 4:42am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/5 "2009-07-12T04:42:49Z")

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This makes sense in light of the fact that many more people claim Cherokee heritage than are likely.

I can’t find it right now, but I saw a graph comparing # of people who claim partial heritage in a Native American group vs. # of people who claimed sole heritage. The numbers were from the 2000 census. Usually, there were only a (relatively) few more people who claimed partial Crow\* heritage than who claimed sole Crow\* heritage. But Cherokee was different. There were many times more people who claimed partial Cherokee heritage than claimed sole Cherokee heritage. It was really weird.

Also, for some reason lots of people claim a female ancestor as a “Cherokee Princess.” Even though they don’t have “princesses.”

\*For example. I don’t even know if Crow in particular was on that graph.

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**Author:** ![Hunter\_Hawk](https://avatars.discourse-cdn.com/v4/letter/h/50afbb/32.png) [@Hunter\_Hawk](https://boards.straightdope.com/u/Hunter_Hawk)\
**Post date:** [July 12, 2009, 4:44am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/6 "2009-07-12T04:44:16Z")

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> [@IAmNotSpartacus](#):
>
> So was there a question?

See [this thread](http://boards.straightdope.com/sdmb/showthread.php?t=524106). Why he didn’t post the information in that thread is left as an exercise for the reader.

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**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\
**Post date:** [July 12, 2009, 4:49am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/7 "2009-07-12T04:49:11Z")

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I’m guessing **Lib** hit the New Thread instead of Post Reply button by accident. I’ve reported it so hopefully it can be merged with the old thread.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [July 12, 2009, 5:35am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/8 "2009-07-12T05:35:27Z")

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Given that there is no actual question in the OP, I am moving this to MPSIMS.

Colibri  
General Questions Moderator

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**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\
**Post date:** [July 12, 2009, 5:36am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/9 "2009-07-12T05:36:00Z")

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That’s troublesome and probably illegal. The Code of the Eastern Band of Cherokee states:

> [@](#):
>
> The membership of the Eastern Band of Cherokee Indians shall consist of the following:  
> (a) All persons whose names appear on the roll of the Eastern Band of Cherokee Indians of North Carolina, prepared and approved pursuant to the Act of June 4, 1924 (43 Stat. 376), and the Act of March 4, 1931 (46 Stat. 1518);  
> (b) All direct lineal descendants of persons identified in section 49-2(a) who were living on August 14, 1963; who possess at least 1/32 degree of Eastern Cherokee blood, who applied for membership prior to August 14, 1963, and have themselves or have parents who have maintained and dwelt in a home at sometime during the period from June 4, 1924, through August 14, 1963, on lands of the Eastern Band of Cherokee Indians in the Counties of Swain, Jackson, Graham, Cherokee and Haywood in North Carolina;  
> (c) All direct lineal descendants of persons identified in section 49-2(a) who apply for membership after August 14, 1963, and who possess at least 1/16 degree of Eastern Cherokee blood.

and that

> [@](#):
>
> . All persons who meet the membership requirements contained in section 49-2 but who are not listed on the membership roll of the Eastern Band of Cherokee Indians, who request membership in the Eastern Band of Cherokee Indians must file an enrollment application. Applications for minors or incompetents may be filed by parents, guardians, or other sponsors such as social workers. No one will be considered for enrollment unless an enrollment application has been filed by the individual or a sponsor.

There’s no requirement in the statute that says that only infant members are to be enrolled, and if the Enrollment board is not accepting applications from adult applicants, it is apparently breaking the law. I’d suggest that if you’re interested in membership, you talk to an attorney who specializes in tribal law.

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**Author:** ![scalporf](https://avatars.discourse-cdn.com/v4/letter/s/8edcca/32.png) [@scalporf](https://boards.straightdope.com/u/scalporf)\
**Post date:** [July 12, 2009, 6:29am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/10 "2009-07-12T06:29:15Z")

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> [@Captain\_Amazing](#):
>
> That’s troublesome and probably illegal. The Code of the Eastern Band of Cherokee states:
> 
> and that
> 
> There’s no requirement in the statute that says that only infant members are to be enrolled, and if the Enrollment board is not accepting applications from adult applicants, it is apparently breaking the law. I’d suggest that if you’re interested in membership, you talk to an attorney who specializes in tribal law.

Your transparent attempts to impose an Anglo legalism upon the Indians constitute yet another piece of oppression, one more segment in a line stretching back nearly 500 years.

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**Author:** ![Martini\_Enfield](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/martini_enfield/32/11123_2.png) [@Martini\_Enfield](https://boards.straightdope.com/u/Martini_Enfield)\
**Post date:** [July 12, 2009, 7:00am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/11 "2009-07-12T07:00:25Z")

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Perhaps someone could explain how you claim membership of an Indian/Native American/Preferred Nomenclature Here tribe?

I mean, is it something that can only be claimed via being a blood relative (say, having a Cherokee grandfather), or are there memberships for otherwise unrelated people who are gone to great lengths to help the tribe (say, a historian who writes many books about the tribe’s history and gets people interested in it, thus raising their profile and improving the member’s lives?)

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**Author:** ![Auntbeast](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Auntbeast](https://boards.straightdope.com/u/Auntbeast)\
**Post date:** [July 12, 2009, 12:23pm UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/12 "2009-07-12T12:23:20Z")

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My Great Grandmother was Kaw Indian. She not only avoided being labeled as an Indian, but wasn’t fond of being labeled a mother either. From what I understand, she was able to “pass” as white and did so. She isn’t on the official tribal roster for that tribe. What do you do if you know damned good and well that you are part Indian, but the link avoided the rosters?

No, I don’t want to open a casino. Just wondering since there has been a large part of our history where it wasn’t much of an advantage to being Indian and I’m sure she wasn’t the only roster dodger.

I do have a family photo of an Indian ancestor standing next to another girl at a school for the blind. The writing on the back indicates that the other girl was a “genuine indian princess.” What tribe I do not know. Cracks me up though.

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**Author:** ![CateAyo](https://avatars.discourse-cdn.com/v4/letter/c/50afbb/32.png) [@CateAyo](https://boards.straightdope.com/u/CateAyo)\
**Post date:** [July 12, 2009, 12:51pm UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/13 "2009-07-12T12:51:27Z")

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> [@Martini\_Enfield](#):
>
> Perhaps someone could explain how you claim membership of an Indian/Native American/Preferred Nomenclature Here tribe?
> 
> I mean, is it something that can only be claimed via being a blood relative (say, having a Cherokee grandfather), or are there memberships for otherwise unrelated people who are gone to great lengths to help the tribe (say, a historian who writes many books about the tribe’s history and gets people interested in it, thus raising their profile and improving the member’s lives?)

For one to be enrolled, one must generally satisfy a blood quantum specified by the tribe or Nation. The difficulty in that is lack of documentation. It was not unusual for people to avoid being labeled as Indian as it made for a very difficult life at times, and could have lead to forced relocation.

Historically, a non-Native could be “adopted” into the tribe or Nation, when their character was considered to be appropriate. This was very common in the case of “slaves” or “prisoners of war” in the southeastern Nations. When one was adopted they were as Creek or Cherokee as anyone else born to the tribe. This was largely a historic phenomenon. In the modern era, it seems that we have become more inclined to define “Indianism” by some rubric designed to allocate resources. This has corrupted the definition considerably.

It is interesting that we are the only people who are required to show documentations to prove we are who we claim to be.

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**Author:** ![CateAyo](https://avatars.discourse-cdn.com/v4/letter/c/50afbb/32.png) [@CateAyo](https://boards.straightdope.com/u/CateAyo)\
**Post date:** [July 12, 2009, 1:14pm UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/14 "2009-07-12T13:14:54Z")

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> [@scalporf](#):
>
> Your transparent attempts to impose an Anglo legalism upon the Indians constitute yet another piece of oppression, one more segment in a line stretching back nearly 500 years.

You response is not as transparent as Captain Amazing’s post to which you refer. I can’t really derive from your words whether you are serious in this assertion, or being sarcastic.

If you are serious, allow me to point out that we are talking about tribal law. The BIA and Federal Government have no legitimate role in authoring tribal law. It is generally the product of the people of the Nation or tribe. As a Native American and one who has published a good deal on tribal law and the negative impact of non-tribal law on the social structure of the Indian community, I must argue that tribal law is not typically reflective of Anglo legalism.

Alternatively, if you are being sarcastic, well that is a position to be addressed elsewhere I guess. Perhaps a forum that also allows Holocaust jokes.

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [July 12, 2009, 2:08pm UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/15 "2009-07-12T14:08:02Z")

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> [@Hunter\_Hawk](#):
>
> See [this thread](http://boards.straightdope.com/sdmb/showthread.php?t=524106). Why he didn’t post the information in that thread is left as an exercise for the reader.

Because I was advised not to post it there by a board authority, whose advise I thought was wise anyway. Suit you?

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**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\
**Post date:** [July 12, 2009, 2:09pm UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/16 "2009-07-12T14:09:05Z")

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Hmmm, sounds like the Indians are, legally speaking, catching up with the rest of the world. Or in other words, the letter of the law and the “system” are more important that the spirit (heh) of the matter.

So, basically, even if you meet the criteria for being an indian, if you don’t get the paperwork in on time, you ARENT an indian.

Sounds pretty modern and western to me.

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [July 12, 2009, 2:45pm UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/17 "2009-07-12T14:45:19Z")

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> [@CateAyo](#):
>
> Alternatively, if you are being sarcastic, well that is a position to be addressed elsewhere I guess. Perhaps a forum that also allows Holocaust jokes.

He is being sarcastic. See his participation in the Pit thread someone provided above.

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [July 12, 2009, 2:49pm UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/18 "2009-07-12T14:49:18Z")

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> [@Captain\_Amazing](#):
>
> That’s troublesome and probably illegal. The Code of the Eastern Band of Cherokee states:
> 
> and that
> 
> There’s no requirement in the statute that says that only infant members are to be enrolled, and if the Enrollment board is not accepting applications from adult applicants, it is apparently breaking the law. I’d suggest that if you’re interested in membership, you talk to an attorney who specializes in tribal law.

But you missed a statute:

75.18

The Tribal Council of the Eastern Band of Cherokee Indians shall be empowered to enact ordinances governing the adoption of new members.

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**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\
**Post date:** [July 12, 2009, 3:03pm UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/19 "2009-07-12T15:03:25Z")

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> [@CateAyo](#):
>
> It is interesting that we are the only people who are required to show documentations to prove we are who we claim to be.

God, you’re so right. In my conversation yesterday with Ms Hull, she understood this problem quite well, and was sympathetic. There are any number of reasons that Cherokee Indians might not have signed the Baker Roll (what Captain Amazing referenced as the roll of 1924.)

[ul]  
[li]They didn’t want to be identified as Indian for fear of harrassment or lynching[/li][li]They needed to pass for white to keep their jobs[/li][li]They were unaware of the roll, or too remote to be informed[/li][li]They merely considered it a violation of their privacy[/li][/ul]  
And so on. But once you’re “in the club”, you tend to pretty much not care what people outside the club have to do to get in, unless they are family or friends of yours. And so, Ms Hull said she has seen many people come in with family photos, scraps from newspapers, and even in once case someone bringing his grandmother in. But none of it is worth anything, as far as the tribal rulers are concerned. Baker Roll, or get outta town.

There have been changes too, in the federal statutes themselves, with respect to age over time. The entire section [75.16](http://law.justia.com/us/cfr/title25/25-1.0.1.6.34.html#25:1.0.1.6.34.0.49.16) involves special rules of enrollment for people born after August 21, 1957.

And yes, like CateAyo says, all proof is on the shoulders of the applicant.

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**Author:** ![Hunter\_Hawk](https://avatars.discourse-cdn.com/v4/letter/h/50afbb/32.png) [@Hunter\_Hawk](https://boards.straightdope.com/u/Hunter_Hawk)\
**Post date:** [July 13, 2009, 12:48am UTC](https://boards.straightdope.com/t/the-eastern-band-of-cherokee-is-currently-accepting-only-infants-for-membership/502735/20 "2009-07-13T00:48:49Z")

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> [@Liberal](#):
>
> Because I was advised not to post it there by a board authority, whose advise I thought was wise anyway. Suit you?

Given that you have both repeatedly claimed and repeatedly demonstrated that you have crap lousy judgment when it comes to discourse, _anything_ you claim is automatically suspect. You may wish to reacquaint yourself with [this story](http://www.gutenberg.org/files/473/473-h/473-h.htm#boywolf).

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