This exclusion was later appealed in the courts, both because of the treaty conditions and in some cases because of possible inaccuracies in some of the Rolls. In controversial actions, since the late 20th century, the Cherokee, Creek and Seminole nations tightened their rules for membership and at times excluded Freedmen who did not have at least one ancestor listed as Native American on the early 20th-century Dawes Rolls.
Members of the Five Civilized Tribes participated in holding enslaved African Americans in the Southeast and some enslaved or formerly enslaved people migrated with them to the West on the Trail of Tears in 1830 and later during the period of Indian Removal. Historically, certain Native American tribes have had close relations with African Americans, especially in regions where slavery was prevalent or where free people of color have historically resided. Black Indians are Native American people – defined as Native American due to being affiliated with Native American communities and being culturally Native American – who also have significant African American heritage.
