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Cherokee Nation : The Cherokee Nation’s new Constitution
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 Message 1 of 2 in Discussion 
From: MSN NicknameAnnie-LL  (Original Message)Sent: 6/14/2006 12:38 AM

TAHLEQUAH, Okla. �?The Cherokee Nation’s new Constitution is effective. Justices in the Cherokee Nation’s highest court have ruled that the Constitution has received all proper approvals by passing a vote of the Cherokee people in July of 2003.

“This is a historic day for the Cherokee Nation,�?said Chad Smith, Principal Chief of the Cherokee Nation. “Our Constitution requires that the people review our Constitutional laws every 20 years, and modify when necessary. Today, the (Supreme) Court has reaffirmed the obvious, we were a government exercising inherent sovereignty before there was a United States. The greatest exercise of that sovereignty is to pass our own Constitution, without interference from outsiders.�?/P>

A stumbling block for the tribe was a self-imposed section of the tribe’s 1975 Constitution that required presidential approval authority. In April 2002, after heavy communication and negotiation by the tribe with the Bureau of Indian Affairs, the latter agreed the Cherokee Nation could amend the 1976 Constitution—by referendum vote—to remove the clause regarding presidential approval authority. In a general election, that referendum vote was held May 24, 2003, at which time Cherokee citizens voted to eliminate the federal approval clause.

The Supreme Court decision was based on a letter from Neal A. McCaleb, Assistant Secretary of the Bureau of Indian Affairs. The letter states that it was the intention of McCaleb that his letter “serve as full and final approval�?to let the Cherokee voters have final approval or rejection of the amendment removing federal approval. The Supreme Court’s decision stated that federal approval in the 1975 Constitution was self-imposed by the Cherokee Nation and that, as such, it could be “effectively removed from the 1975 Constitution by the vote of the citizens…�?/P>

On July 26, 2003, in a run-off election, tribal voters were asked to ratify the “new�?1999 Constitution or to retain the old 1976 Constitution. At that time, Cherokee citizens voted 54 to 46 percent to ratify the new constitution. The Court ruled that no further approval from the federal government is necessary for the Constitution to take effect.

The 1999 Constitution has several major changes to the Cherokee Nation government. Article VI creates the office of Speaker of the Tribal Council, who will chair Tribal Council meetings and be third in the line of succession to the head of government (behind the Principal Chief and the Deputy Principal Chief). It also creates two additional Council seats, who will be elected at-large by those voters residing outside the Cherokee Nation’s territorial boundaries. Until such elections can take place, the Council has 60 days to seat those new Council members. The new Constitution also calls for staggered terms for the Tribal Council. It also imposes term limits on the Council and the Principal Chief and Deputy Principal Chief. Elected officials may not hold any office for more than two consecutive terms. The Justices clarified that the term limits will apply to officials elected during the next election.

The new Constitution provides for the creation of two new appointed posts: Marshal and Attorney General.

The Constitution also changes the name of the Cherokee Nation’s highest court to “Supreme Court�?and increases the size of the Supreme Court from three to five members.

For a side-by-side comparison of the 1976 and the 1999 Constitutions, visit the Cherokee Nation’s Web site at www.cherokee.org.



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 Message 2 of 2 in Discussion 
From: MSN NicknameAnnie-LLSent: 12/31/2006 10:40 PM

[edit] Background on Cherokee Clans in Ancient History

There were seven clans in antiquity. There is a common misperception that the Ah-ni-ku-ta-ni or ancient Cherokee priesthood comprised an eighth clan of the Cherokee People, but this belief is a commonplace myth. The Ah-ni-ku-ta-ni appointed a member of each of the seven clans to represent both the spiritual forces the Cherokee believed existed in the Natural World, and the ritual of ceremonies related to the progression of the human spirit from birth until entry into the spirit world to perform the sacred ceremonies for the Cherokee people from the mother city of Keetoowah. In ancient times, the priests would travel extensively within the Cherokee homeland performing the ancient ceremonies in each of the Cherokee townships. After the extermination of the ah-ni-ku-ta-ni by the Cherokee People, the ancient Clan system continued to exist but no longer represented the original ancient symbolism of the Ah-ni-ku-ta-ni rituals practiced in ancient times. The Clan systems remained simply as a bureaucratic artifact of the earlier cultural incarnation of the Cherokee culture, and much of the traditional knowledge and understanding of the origins of the names and purposes of the clan system was lost or forgotten.

Each clan had a name that corresponded to the seven levels of spiritual progression of the human spirit as it grew and evolved on the path through life. The existence of the clans and the original culture and religion of the Ah-ni-yv-wi-ya were closely intertwined to such a degree, that the Cherokee language itself expressed the natural world in religious and spiritual terms. In Ah-ni-yv-wi-ya society, the language, social structure, and interaction with the natural world were viewed as an interwoven tapestry that were inseparable and that existed this way to preserve the balance of forces between the two worlds, the world of physical reality, and the world of spirituality. By way of example, The word for "person" was "yv-wi" which means " it has a spiritual energy" or "it is a sentient being". This word was not only used to describe the human people, Ah-ni-yv-wi-ya, but also the deer people (a-wi-yv-wi), the bird people (tsi-sqa-yv-wi), the tree people (tlv-hv-yv-wi), and the star people (no-qui-si-yv-wi) in the ancient language. This word describes that all elements of the physical world contain a "spark" or "flame" of the spirit of the immortal and imperishable Creator spirit (also called the Aportioner in ancient legends).

The emblem of the Cherokees is a seven pointed star. This symbol is believed to represent gu-ta-ni(yi) from the ancient legends told by the Ah-ni-ku-ta-ni, which tell that the Cherokee People and all human people came from gu-ta-ni(yi), the "place of the sun", a star in the heavens.

In the original beliefs of the Ah-ni-yv-wi-ya, the physical world was a mirror image of the spiritual world, and every object and tangible element of matter that existed in this world did so because a corresponding spiritual energy in the spirit world allowed it to have form and substance in this reality. By way of example, When an animal or plant became extinct, it was believed that the spiritual energy that defined it had been taken back into the spirit world, and correspondingly, that the Creator Spirit (U-ne-la-nv-hi) could cause this energy to be physically manifested when it was time for certain forms of life to reappear in the physical world. Likewise, if a strong wind came and broke the limbs from a tree, it was because this was what was intended to happen. This acceptance of the realities of their world by the Cherokees evolved a common saying that was much used in the ancient culture, and it still used extensively in many of the Ah-ni-ku-ta-ni ceremonies which was "ni-go di-sge-s-di" which translates "that's just the way it is." By way of example, the final blessing given to a newly married couple in a traditional Ah-ni-ku-ta-ni marriage ceremony is not "you are husband and wife" but is "ni-go di-sge-s-di", or "that's just the way it is."

There was also a strong belief that all the elements of nature were in balance, and that this balance had to be restored if disturbed by the human element. Under Clan law, if someone killed the member of another clan through murder, a person from the clan who committed the offense would have to be sacrificed in order to restore the balance of energies between the two worlds.

Each Clan was matrilineal, and clans were run by a council of grandmothers of that clan. The decisions and rulings of the Grandmothers were absolute, as was their authority. The Clans also combined their Councils of Grandmothers during certain important decisions which were held in a Central Cherokee Council Lodge which existed in each Cherokee town or city for social gatherings and important discussions. If an individual broke the ancient laws, they were brought before the appropriate Clan Grandmothers for judgement. It was well known within the ancient society that the Clan Grandmothers were strict and would show no mercy to those who had committed serious breaches of social conduct. Because of this, even today Grandmothers and important women within Cherokee Culture are highly respected, obeyed, and honored. Cherokee children were taught not only to respect their male elders, but also to show extreme reverence and respect to the Grandmothers of the Cherokee culture. The Green Corn Ceremony performed annually during the corn harvest was to honor Se-lu, the Corn Mother, and the mothers and Grandmothers of the Cherokee People.

Hollywood has done much to represent that all Native Americans have a concept called Mother Earth and that American Indians viewed the Earth (e-lo-hi) as the supreme mother. While this was a Lokata and Souix belief, it was not a belief of the Cherokee People in antiquity. The Cherokee did not view the earth as the "mother" of the human people, but as a place made for the Human People to live and which in and of itself was also a living thing. Se-lu, the Corn Mother, was viewed as the mother of the human people in ancient Cherokee legend.

[edit] The Seven Cherokee Clans

Ah-ni-ga-to-ge-wi or Wild Potato Clan - Were known to be farmers and gatherers of the wild potato plants in swamps (hence the name gatogewi = "swamp"), along streams, and swamps to make flour or bread for food, and were so named after them. They are keepers and protectors of the earth. The Wild Potato Clan have also been known as the Bear Clan, Raccoon Clan and even "Blind Savannah" in different regions. The Clan color for the AniGatogewi is Green and their wood is Birch.

Ah-ni-gi-lo(la)-hi or Long Hair Clan - This Clan, also known as Twister Clan, Hanging Down Clan or Wind Clan. Gilahi is short for an ancient Gitlvgvnahita, the warrior women's society, meaning something that grows from the back of the neck". Those belonging to this Clan wore their hair in elaborate hairdos, walked in a proud and vain manner twisting their shoulders. They are teachers and keepers of tradition. Peace chiefs usually came from this clan at one time in Cherokee history and wore a white feather robe. The Clan color for the AniGilohi is Yellow and their wood is Beech.

Ah-ni-(k)a-wi or Deer Clan - Those belonging to this Clan were the keepers of the deer, deer hunters and trackers, tanners and seamers, as well as keepers of the deer medicines. They were known to be fast runners and foot messengers. The Clan Color for the Ani Kawi is Brown and their wood is Oak.

Ah-ni-tsi-sk-wa or Red Tailed Hawk Clan - Those belonging to this Clan (also called the bird clan) were the keepers of the birds, sacred feathers and bird medicines. They were messengers and were very skilled in using blowguns and snares for bird hunting. Their color is Purple, and their wood is Maple.

Ah-ni-sa-ho-ni or Blue Holly Clan - Those belonging to this clan were keepers of all children's medicines and caretakers of medicinal herb gardens. They became known for a medicine from a bluish colored plant called a blue holly, and were so named after it. This Clan has also been known as the Panther or Wild Cat Clan, in some regions. Their color is Blue and their wood is Ash.

Ah-ni-wo-di or Paint Clan - Those belonging to this Clan made red paint. The tribe's medicine men, Dida:hnvwi:sgi (healers) and Adawehi (wise men), traditionally came from this clan at one time in Cherokee history. The Clan Color for the AniWodi is White and their wood is Locust.

Ah-ni-wa-ya or Wolf Clan - The Wolf Clan is the largest clan today and the most prominent clan, providing most of the war chiefs, and warriors. True ah-ni-wa-ya are protectors of the people. The wolf clan are keepers and trackers of the wolf and the only clan who could kill a wolf through special ceremonies and wolf medicines. The Clan color of the AniWaya is Red and their wood is Hickory.

[edit] Spiritual Significance of the Clans in Ah-ni-ku-ta-ni Rituals

In ancient times, the clan names represented to the Ah-ni-ku-ta-ni the balance between the spiritual forces that shaped and guided the human spirit on its journey and development through life in preparation for entry into the spirit world. The Ah-ni-ku-ta-ni teach that life is made up of four distinct sections and paths, 1) development in the womb 2) childhood 3) marriage and parenting 4) elders (grandmothers and grandfathers) and the perpetuation of the culture through the ancient ceremonies. Each section or quadrant of life was represented as part of the ancient sun symbol or crossed circle commonly seen in ancient mississipian culture. It was taught by the Ah-ni-ku-ta-ni that following entry into the spirit world, all of the people still continued their dances, ceremonies, and family relationships in the afterlife in a place set apart for the people. Cherokee traditionally buried their dead in the earth as they believed that the plants fed the animals, the animals and plants fed the people, and the people, at their death, should return to the earth and feed the plants.

Membership in a particular clan did not mean that the members of the clan were in some way blocked or held at a particular level of spiritual development or attainment. Clan membership and the existence of the clans was simply meant to represent a balance of the spiritual forces that made up the world of the Ah-ni-yv-wi-ya. All members of the society could participate in the ceremonies and were all viewed as equals. Since the Wolf Clan represented the final level of attainment and was also the clan of the warrior class, it membership over time continued to grow in ancient times until is became the largest of the Cherokee Clans. It was believed that if an Ah-ni-yv-wi-ya did not fully complete these levels of development, they would not be able to find their way to the place set apart for them with their people in the spirit world and would wander in darkness on the Earth after death as a spirit.

[edit] Ancient Spiritual Symbolism of the Cherokee Clans

Ah-ni-ga-to-ge-wi or Wild Potato Clan represented the material plane of earth or physical matter (earth).

Ah-ni-gi-lo(la)-hi or Long Hair Clan represented the human people (breath).

Ah-ni-(k)a-wi or Deer Clan represented the spirit of life, and procreation (life).

Ah-ni-tsi-sk-wa or Red Tailed Hawk Clan represented the development of the human intellect (air).

Ah-ni-sa-ho-ni or Blue Holly Clan represented purification in preparation for the ceremonies (purification).

Ah-ni-wo-di or Paint Clan represented the four directions, the ceremonies and structure of society and the evolution of social organization. (four directions(colors), ceremonies)

Ah-ni-wa-ya or Wolf Clan represented the doorway to the world of spirits and the development of higher social conscisouness (spirit world, sacred fire).

There existed unique ceremonies among the Ah-ni-ku-ta-ni for each of these levels of attainment. The paint clan was named because they gathered the four sacred colors used in the ceremonies for the people. Many of the Ah-ni-ku-ta-ni scholars were members of the Paint Clan, but many of the Ah-ni-ku-ta-ni in ancient times came from the Wolf Clan and Blue Holly Clan. By tradition, a member of each clan was selected to represent all of the people during special ceremonies which were only performed by the leader of the Ah-ni-ku-ta-ni and the seven priests who represented each of the seven clans. The seven stemmed ceremonial pipe ceremony was one such ceremony which was only performed by the Ah-ni-ku-ta-ni and the seven priests prior to the seven year renewal ceremony.

The four sacred colors gathered by the Paint Clan were:

Red - for the East and symbolized power and healing

Blue - for the North and symbolized Adversity and Struggle and those things that harmed the human people.

Black - for the West and symbolized the doorway to the spirit world, death, and the place of the thunder beings.

White - for the South and symbolized blessings, virtue, the rains that fell from the skys, purity and all that was good.

Ceremonial objects that incorporated the colors blue or black were required to contain the other sacred colors in order to balance the object. The color blue was typically obtained from the bark and stems of the Sourwood tree which grew in the Cherokee homeland. The stems of this tree were also used to make Sacred Eagle Wands which also incorporated white or near white eagle feathers from either the golden or bald eagle. These wands were used in the Ancient Eagle Dance which is still practiced by the Eastern Band of Cherokee Indians and the Ah-ni-yv-wi-ya.

The Ah-ni-yv-wi-ya did not have pipe carriers or pipe holders as did the Lakota or other Plains Indians, but did use a variety of ceremonial pipes for both recreational and ceremonial use. These pipes used ceremonial tobacco, varieties of Nicotiana Rustica for recreational and personal ceremonial use, and a sacred blend of four secret plants for ceremonies of the Ah-ni-ku-ta-ni which did not contain or employ Nicotiana species. Cherokee personal pipes were typically made of river clay which had been fired, and a small river cane pipestem. Formal Ceremonial pipes used by the clans used Red or Grey pipestone (also called bluestone) and pipe stems made from hollow stems of American Sassafrass or some cases, Sourwood. The seven stemmed pipe was made only for a single ceremony of the Ah-ni-ku-ta-ni from red pipestone, then destroyed and returned to the spirit world following the ceremony in preparation for the seven year rewnewal ceremony.

The Cherokee Moons Ceremonies which were performed were based on each of the thirteen phases of the moon which occurred each year. For each moon of the calendar year, the Ah-ni-yv-wi-ya performed a unique ceremony. A special ceremony was performed both yearly (mid-October) and every seven years called the renewal ceremony which used the Cherokee black drink prepared by the Blue Holly Clan for purification rituals. These collective ceremonies were intended to progress the Cherokee people through the various phases of spiritual and cultural development in Cherokee society. See also Cherokee Moons Ceremonies.

[edit] Clan Customs of the Cherokee Clans

Customs of the Cherokee clans have evolved since ancient times, however, tradtionalists still observe clan customs regarding marriage and certain social events. In modern Oklahoma Cherokee culture, Stomp Dances still observe clan rules and hiearchy for Stomp Dance Events.

The Cherokee society is historically a matrilineal society; meaning clanship is attained through the mother. Prior to Oklahoma statehood, the women were considered the Head of Household among the Western Cherokee in Oklahoma, with the home and children belonging to her should she separate from a husband. The knowledge of a person's clan is important for many reasons; historically, and still today among Cherokee traditionalists, it is forbidden to marry within your clan. Clan members are considered brother and sisters. In addition, when seeking spiritual guidance and traditional medicine ceremonies, it is necessary to name your clan. Seating at ceremonial stomp dances is by clan, as well. Ceremonies which require the Cherokee to address to fire or perform washing in the sacred circle of an Ah-ni-ku-ta-ni ceremony requires the name the clan to which the Cherokee belongs.

Cherokees born outside of a clan or outsiders who were taken into the tribe in ancient times had to be adopted into a clan by a clan mother. If the person was a women who had bourne a Cherokee child and was married to a Cherokee man, she could be taken into a new clan, and her husband was required to leave his clan and move to her new clan. Men who were not Cherokee and married into a Cherokee household could simply be taken into his wife's clan.

The Ah-ni-go-te-ge-wi or the Wild Potato Clan's subdivision is Blind Savannah . Historically, members of this clan were known to be 'keepers of the land,' and gatherers The wild potato was a main staple of the older Cherokee life back east (Tsa-la-gi U-we-ti). At some Oklahoma Cherokee ceremonial grounds, the Wild Potato arbor is to the left of the Wolf arbor.

The Ah-ni-gi-lo-hi or the Long Hair Clan, whose subdivisions are Twister, Wind and Strangers, are known to be a very peaceful clan. In the times of the Peace Chief and War Chief government, the Peace Chief would come from this clan. Prisoners of war, orphans of other tribes, and others with no Cherokee tribe were often adopted into this clan, thus the name 'Strangers.' At some Oklahoma Cherokee ceremonial grounds, the Long Hair arbor is on the East side, and also houses the Chiefs and other leaders of the ground.

The Ah-ni-(k)a-wi or the Deer Clan were historically known as fast runners and hunters. Even though they hunted game for subsistence, they respected and cared for the animals while they were living amongst them. They were also known as messengers on an earthly level, delivering messenges from village to village, or person to person. At some Oklahoma Cherokee ceremonial grounds, the Deer arbor is to the left of the Wild Potato arbor.

Ah-ni-tsi-s-qua or the Red Tailed Hawk (Bird) Clan were historically known as messengers. The belief that birds are messengers between earth and heaven, or the People and Creator, gave the members of this clan the responsibility of caring for the birds. The subdivisions are Raven, Turtle Dove and Eagle. Our earned Eagle feathers were originally presented by the members of this clan, as they were the only ones able to collect them. At some Oklahoma Cherokee ceremonial grounds, the Bird arbor is to the left of the Deer arbor.

The Ah-ni-sa-ho-ni or the Blue Clan's subdivisions are Panther, or Wildcat and Bear (which is considered the oldest clan). Historically, this clan produced many people who were able to make special medicines for the children. At some Oklahoma Cherokee ceremonial grounds, the Blue arbor is to the left of the Long Hair arbor.

The Ah-ni-wo-di or the Paint Clan were historically known as a prominent medicine people. Medicine is often 'painted' on a patient after harvesting, mixing and performing other aspects of the ceremony. At some Oklahoma Cherokee ceremonial grounds, the Paint arbor is to the left of the Bird arbor.

The Ah-ni-wa-ya of the Wolf has been known throughout time to be the largest clan. During the time of the Peace Chief and War Chief government setting, the War Chief would come from this clan. Wolves are known as protectors. At some Oklahoma Cherokee ceremonial grounds, the Wolf arbor is to the left of the Blue arbor.

[edit] Cherokee Marriage Customs Between the Clans

Cherokee Marriages were as much between the Grandmothers of a clan as between the couple themselves. It was not permitted to marry within your own clan. A potential suitor had to select a young woman from another clan. Typically, the clan leaders would be consulted before such a selection was made.

Elias Boudinot wrote the following article in The Cherokee Editor on February 18, 1829 regarding Cherokee Clan marriage customs:

This simple division of the Cherokees formed the grand work by which marriages were regulated, and murder
punished. A Cherokee could marry into any of the clans except two, that to which his father belongs, for all of
that clan are his fathers and aunts and that to which his mother belongs, for all of that clan are his brothers
and sisters, a child invariably inheriting the clan of his mother.

When a young man had chosen a girl he wished to marry he would kill a deer and bring an offer of deermeat to the home of the girl he was interested in. If she chose to marry him, she cooked the deer meet and offered it to him. If she rejected the deer meat, it was assumed to be a denial of this suitor. This courtship required approval of both clans before courtship could occur. It was only permitted to court one woman at a time. Although there are examples of polygamy in the ancient culture, this practice was not generally engaged in. There were also instances of same-sex cohabitation, however, there was never a concept of same sex marriage or same sex courtships. There are historical instances of "extended families" where another male or female would cohabitate with a married couple. Provided all parties were in agreement, including the clan leaders, this conduct would be allowed. These are the only examples of same sex relationships known to have existed in ancient times. The age of consent for Cherokee young people was typically fifteen for girls and seventeen for boys, but was not a strict practice.

If the couple chose to marry, the groom had to obtain the approval of his clan leaders to complete the marriage. Typically, he required the approval of his Clan Grandmother and her relatives. The bride had to obtain the approval of her mother's sister, or if unavailable, her Grandmother or Great Aunt. If all parties agreed, then the couple was permitted to marry.