THE US SUPREME COURT RECOGNIZES THE CHICKAMAUGA NATION IN 2009
CARCIERI v SALAZAR 555 US 379 2009
The Chickamauga Nation has been under FEDERAL JURISDICTION since 1785 when it signed 7 Stat 18. To make the point even more Poignant the following Treaties also place The Chickamauga Nation under federal jurisdiction: 1791 – 7 Stat 39; 1792 – 7 Stat 42; 1794 - 7 Stat 43; 1798 – 7 Stat 62: 1804 – 7 Stat 288; 1805 – 7 Stat 93; 1805 –7 Stat 93; 1805 – 7 Stat 95; 1806 – 7 Stat 101; 1807 – 7 Stat 103; 1816 – 7Stat 138; 1816 – 7 Stat 139; 1816 – 7 Stat 148; 1817 – 7 Stat 156; 1819 – 7Stat 195; 1828 – 7 Stat 311; 1833 – 7 Stat 413; 1835 – 7 Stat 474; 1835 – 7Stat 478; 1835 – 7 Stat 487, and 1836 – 7 Stat 488.
1785 - 7 Stat 18 - ARTICLE 3. The said Indians for themselves and their respective tribes and towns do acknowledge all the Cherokees to be under the protection of the United States of America, and of no other sovereign whosoever.
ARTICLE 9. For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
1791 - 7 Stat 39 - ARTICLE II. The undersigned Chiefs and Warriors, for themselves and all parts of the Cherokee nation, do acknowledge themselves and the said Cherokee nation, to be under the protection of the said United States of America, and of no other sovereign whosoever; and they also stipulate that the said Cherokee nation will not hold any treaty with any foreign power, individual state, or with individuals of any state.
1798 - 7 Stat 62 - ARTICLE IV.
In acknowledgement for the protection of the United States, and for the considerations hereinafter expressed and contained, the Cherokee nation agree, and do hereby relinquish and cede to the United States, all the lands within the following points and lines, viz.
SUPREME COURT OF THE UNITED STATES
CARCIERI, GOVERNOR OF RHODE ISLAND, et al. v. SALAZAR, SECRETARY OF THE INTERIOR, et al.
certiorari to the united states court of appeals for the first circuit
No. 07–526. Argued November 3, 2008—Decided February 24, 2009
The Indian Reorganization Act (IRA), enacted in 1934, authorizes the Secretary of Interior, a respondent here, to acquire land and hold it in trust “for the purpose of providing land for Indians,” 25 U. S. C. §465, and defines “Indian” to “include all persons of Indian descent who are members of any recognized tribe now under Federal jurisdiction,” §479.
Held: Because the term “now under federal jurisdiction” in §479 unambiguously refers to those tribes that were under federal jurisdiction when the IRA was enacted in 1934, and because the Narragansett Tribe was not under federal jurisdiction in 1934, the Secretary does not have the authority to take the 31-acre parcel into trust. Pp. 7–16.
(a) When a statute’s text is plain and unambiguous, United States v. Gonzales, 520 U. S. 1, 4, the statute must be applied according to its terms, see, e.g., Dodd v. United States, 545 U. S. 353, 359. Here, whether the Secretary has authority to take the parcel into trust depends on whether the Narragansetts are members of a “recognized Indian Tribe now under Federal jurisdiction,” which, in turn, depends on whether “now” refers to 1998, when the Secretary accepted the parcel into trust, or 1934, when Congress enacted the IRA. The ordinary meaning of “now,” as understood at the time of enactment, was at “the present time; at this moment; at the time of speaking.” That definition is consistent with interpretations given “now” by this Court both before and after the IRA’s passage. See e.g., Franklin v. United States, 216 U. S. 559, 569; Montana v. Kennedy, 366 U. S. 308, 310–311. It also aligns with the word’s natural reading in the context of the IRA.
(b) The Court rejects alternative arguments by the Secretary and his amici that rely on statutory provisions other than §479 to support the Secretary’s decision to take the parcel into trust for the Narragansetts. Pp. 13–15.
"HOUSTON, WE HAVE A PROBLEM!"
The Chickamauga Nation has been under Federal Jurisdiction since 1785, but the Federal Government refuses to place The Chickamauga Nation on the LIST of which the Supreme Court clearly states that we are legally entitled. Does this mean that the actions of the Congress and the Secretary of Interior, in their failure to place The Chickamauga Nation on the LIST are in fact continuing a genocide and ethnic cleansing as well as violating the Civil Rights of the Citizens of The Chickamauga Nation?
Since the Cherokee Nation, whose government was terminated by their own request in 1902 and again terminated in 1906 by the Curtis Act, have no legal rights as a government to any of the rights and privileges of the above mentioned Treaties, then the only remaining signatory government on those Treaties is in fact, The Chickamauga Nation who now asserts all rights and privileges under those treaties including being under the Jurisdiction of the United States since 1785.
Therefore: Under 1785 - 7 Stat 18 - ARTICLE XII - That the Indians may have full confidence in the justice of the United States, respecting their interests, they shall have the right to send a deputy of their choice, whenever they think fit, to Congress. The Chickamauga Nation immediately seeks an audience with both chambers of the Congress of the United States to settle over 239 years of failure of the United States to fulfill its Treaty obligations.
(C) This document was produced at the request of the Senate Committee on Indian Affairs on July 18, 2019, to document the History, Anthropology, Culture, Religion, and Archaeology of The Chickamauga Nation.