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Resisting a Genetic Identity: The Black Seminoles and Genetic Tests of Ancestry

Published online by Cambridge University Press:  01 January 2021

Josephine Johnston
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Extract

In July 2000, the Seminole Nation of Oklahoma passed a resolution that would effectively expel a significant portion of its tribal members. The resolution amended the Nation's constitution by changing its membership criteria. Previously, potential members needed to show descent from an enrollee of the 1906 Dawes Rolls, the official American Indian tribal rolls established by the Dawes Commission to facilitate the allotment of reservation land. The amended constitution requires possession of one-eighth Seminole Indian blood, a requirement that a significant portion of the tribe's membership cannot fulfill. The members of the Nation who fail to meet this new membership criterion all have one thing in common: they are black.

Descendents of former slaves who came to live among the Seminole Indians of Florida in the seventeenth and eighteenth centuries, the black Seminoles have been officially recognized by the U.S. government as members of the Seminole Nation of Oklahoma since 1866.

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Article
Information
Journal of Law, Medicine & Ethics , Volume 31 , Issue 2 , Summer 2003 , pp. 262 - 271
Copyright
Copyright © American Society of Law, Medicine and Ethics 2003

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References

Cavalli-Sforza, L.L., Genes, Peoples and Language (New York: North Point Press, 2000): At 209–14.Google Scholar
Thomas, M.G. et al., “Y Chromosomes Traveling South: The Cohen Modal Haplotype and the Origins of the Lemba — The ‘Black Jews of Southern Africa,’” American Journal of Human Genetics, 66 (2000): 674–86.CrossRefGoogle Scholar
Fulwood, S. III, “His DNA Promise Doesn't Deliver; Science: Geneticist Made Headlines Announcing $300 Blood Test That Could Tell African American Their Heritage. Fellow Scientists Say It's Possible, But Not Yet,” Los Angeles Times, May 29, 2000, at A1.Google Scholar
Foster, E.A., Jobling, M.A., and Taylor, P.G., “Jefferson Fathered Slave's Last Child,” Nature, 396 (1998): 27–28, Abbey, D.M., “The Thomas Jefferson Paternity Case,” Nature, 397 (1999): 32.CrossRefGoogle Scholar
Murray-McIntosh, R.P. et al., “Testing Migration Patterns and Estimating Founding Population Size in Polynesia by Using Human mtDNA Sequences,” Proceedings of the National Academy of Sciences, 95, no. 15 (1998): 9047–52.CrossRefGoogle Scholar
Opala, J., A Brief History of the Seminole Freedmen (Austin, Texas: African and Afro-American Studies and Research Center, University of Texas at Austin, 1980): At 1.Google Scholar
Sturtevant, W.C., “Creek into Seminole,” in Sturtevant, W.C., ed., A Seminole Sourcebook (New York: Garland Publishing, 1987): At 101.Google Scholar
See id. at 106.Google Scholar
See id. at 105.Google Scholar
See id.Google Scholar
Porter, K.W., The Black Seminoles: History of a Freedom-Seeking People (Gainsville: University Press of Florida, 1996): At 4.Google Scholar
See id. at 5.Google Scholar
Porter, K.W., Negro on the American Frontier (New York: Arno Press, 1971): At 46.Google Scholar
See id.Google Scholar
Covington, J.W., The Seminoles of Florida (Gainsville: University of Florida Press, 1993): At 30–31.Google Scholar
See Porter, , supra note 13, at 46–47.Google Scholar
See Sturtevant, , supra note 7, at 109.Google Scholar
See Porter, , supra note 13, at 47.Google Scholar
See Opala, , supra note 6, at 5.Google Scholar
See id.Google Scholar
See Porter, , supra note 13, at 47–48.Google Scholar
See id. at 55.Google Scholar
See Sturtevant, , supra note 7, at 108.Google Scholar
See Covington, , supra note 15, at 65.CrossRefGoogle Scholar
See Sturtevant, , supra note 7, at 108.Google Scholar
See Porter, , supra note 13, at 62.Google Scholar
See id. at 70.Google Scholar
Kappler, C.J., ed., Treaties, 1778–1883, volume 2 of Indian Affairs: Laws and Treaties (Washington: Government Printing Office, 1904): At 910–15.Google Scholar
Bateman, R., ‘We’re Still Here’: History, Kinship, and Group Identity Among the Seminole Freedmen of Oklahoma, Ph.D. dissertation, Johns Hopkins University (1990): At 270.Google Scholar
See Opala, , supra note 6, at 18.Google Scholar
See Bateman, , supra note 29, at 294.Google Scholar
Schultz, J.M., The Seminole Baptist Churches of Oklahoma (Norman: University of Oklahoma Press, 1999): At 40.Google Scholar
See Bateman, , supra note 29, at 32.Google Scholar
See id. at 262.Google Scholar
See id. at 265.Google Scholar
Seminole Nation of Oklahoma v. Norton, 223 F. Supp. 2d 122 (D.D.C. 2002), available at <http://www.dcd.uscourts.gov/02-739.pdf>..>Google Scholar
Seminole Nation of Oklahoma v. Norton, 206 F.R.D. 1 (D.D.C. 2001).Google Scholar
Telephone conversation between the author and Roger Butler of the Bureau of Indian Affairs Wewoka Agency Office, March 20, 2003.Google Scholar
See Bateman, , supra note 29, at 269.Google Scholar
Complaint at 3, Davis v. United States, 199 F. Supp. 2d 1164 (W.D. Okla. 2002) (D.C.D.C., No. 96-CV-36, transferred to W.D. Okla., No. CIV-96-1988–M).Google Scholar
Id. at 16.Google Scholar
Telephone conversation between the author and Jon Velie of the law firm Velie & Velie, March 20, 2003.Google Scholar
See Kappler, , supra note 28, at 662–65.Google Scholar
Mineral Rights Claim of the Seminole Nation of Oklahoma, Black Oklahoma Today Website (viewed July 6, 2001) (link no longer available, article on file with author).Google Scholar
“Mineral-Rights Money and Political Realities,” New York Times, January 29, 2001, at A16. See Mineral Rights Claim of the Seminole Nation of Oklahoma, supra note 44.Google Scholar
Telephone conversation between the author and Eddie Streater of the Bureau of Indian Affairs Wewoka Agency Office, September 17, 2001.Google Scholar
See Bateman, , supra note 29, at 277.Google Scholar
Wickman, P., “E-mail to the Editor,” Seminole Tribune, May 8, 1998.Google Scholar
See Bateman, , supra note 29, at 265.Google Scholar
See id. at 273.Google Scholar
See Porter, , supra note 13, at 47.CrossRefGoogle Scholar
See Porter, , supra note 11, at 6.Google Scholar
Littlefield, D.F., Africans and Seminoles: From Removal to Emancipation (Westport, Connecticut: Greenwood Press, 1977): At 199.Google Scholar
Krogman, W.M., “The Racial Composition of the Seminole Indians of Florida and Oklahoma,” Journal of Negro History, 19, no. 4 (1934): 412–30, at 421, 423.CrossRefGoogle Scholar
Native American Match, Family Tree DNA — Genealogy by Genetics, Ltd. Website, at <http://www.familytreedna.com/NAM.html> (last visited April 14, 2003).+(last+visited+April+14,+2003).>Google Scholar
Bradman, N. and Thomas, M., “Why Y? The Y Chromosome in the Study of Human Evolution, Migration and Prehistory,” Science Spectra, 14 (1998): 32–37.Google Scholar
See Thomas, et al., supra note 2.Google Scholar
See Bradman, and Thomas, , supra note 56.Google Scholar
See Thomas, et al., supra note 2.Google Scholar
Kahn, C., “Appalachian ‘Melungeons’ Use DNA as Evidence of Exotic Heritage,” Associated Press State and Local Wire, July 9, 2001.Google Scholar
Qian, Y. et al., “Multiple Origins of Tibetan Y-Chromosomes,” Human Genetics, 106 (2000): 453–54; Underhill, P. et al., “Maori Origins, Y-Chromosome Haplotypes and Implications for Human History in the Pacific,” Human Mutation, 17 (2001): 271–80; Arnaiz-Villena, A. et al., “The Origin of Palestinians and Their Genetic Relatedness with Other Mediterranean Population,” Journal of Human Immunology, 62 (2001): 889–900; Nebel, D. et al., “High-Resolution Y Chromosome Haplotypes of Israeli and Palestinian Arabs Reveal Geographic Substructure and Substantial Overlap with Haplotypes of Jews,” Human Genetics, 107 (2000): 630–41; Thomas, M.G. et al., “A Genetic Date for the Origin of Old Testament Priests,” Nature, 394 (1998): 138–40; Passarino, G. et al., “Different Genetic Components in the Ethiopian Population, Identified by mtDNA and Y-Chromosome Polymorphisms,” American Journal of Human Genetics, 62 (1998): 420–34; Chu, J.Y. et al., “Genetic Relationship of Populations in China,” PNAS, 95 (1998): 11763–68; Carvalho-Silva, D. et al., “The Phylogeography of Brazilian Y-Chromosome Lineages,” American Journal of Human Genetics, 68 (2000): 281–86; Redd, A. and Stoneking, M., “Peopling of Sahul: Mtdna Variation in Aboriginal Australians and Papua New Guinean Populations,” American Journal of Human Genetics, 65 (1999): 808–28; Richards, M. et al., “Tracing European Founder Lineages in the Near Eastern mtDNA Pool,” American Journal of Human Genetics, 67 (2000): 1251–76; Chikhi, L. et al., “Clines of Nuclear DNA Markers Suggest a Largely Neolithic Ancestry of the European Gene Pool,” Proceedings of the National Academy of Sciences, 95 (1998): 9053–58; Malyarchuk, B.A. and Derenko, M.V., “Mitochondrial DNA Variability in Russians and Ukrainians: Implications to the Origin of the Eastern Slavs,” Annals of Human Genetics, 65 (2001): 63–78.CrossRefGoogle Scholar
Lebrun, F., “The Limits of Science, and of Sense,” Times Union (Albany), March 6, 2000, at B1.Google Scholar
Telephone conversation between the author and Ronald Roberts, chief of the Western Mohegan tribe of the upper Hudson, December 2, 2001.Google Scholar
Tallbear, K., Genetics, Culture and Identity in Indian Country, paper presented at Seventh International Congress of Ethnobiology, Athens, Georgia, October, 23–27, 2000, available at <http://www.iiirm.org/publications/Genetics/ISEPaper.pdf>..>Google Scholar
DNA Testing and Native Americans, H. 809, 1999–2000 Sess., Vermont Legislature.Google Scholar
Yona, N., “DNA Testing in Vermont,” Abolitionist Examiner, April/May, 2001 (quoting Debra Harry), available at <http://www.multiracial.com/abolitionist/word/yona-parttwo.html>..>Google Scholar
Shovel, D., Down with the Maslack Proposal, formerly at <http://www.dickshovel.com/maslack.html> (last visited May 17, 2001). The petition is no longer operating.+(last+visited+May+17,+2001).+The+petition+is+no+longer+operating.>Google Scholar
See Tallbear, , supra note 64, at 3.Google Scholar
See id. at 4.Google Scholar