Federally Terminated Tribes Do Not Have Treaty Rights

Chief Jimmie W. Kersh

February 10, 2025
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Congress and Senate

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The Cherokee Nation Has No Treaty Rights

                       The date of the hearing in Congress is November 16, not November 17 as stated in the video. Read the calendar wrong.

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Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives
Wednesday, November 16, 2022 - 10:00am

Hearing Notice

Witnesses

Chuck Hoskin Jr., Principal Chief, Cherokee Nation  Statement  Biography  Truth-in-Testimony
 

Professor Lindsay Robertson, Chickasaw Nation Endowed Chair in Native American Law, College of Law at the University of Oklahoma  Statement  Biography  Truth-in-Testimony
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Mainon A. Schwartz, Legislative Attorney, Congressional Research Service  Statement  Biography  Truth-in-Testimony

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It is quite evident that the Cherokee Nation is trying to assert political power in the Congress of the United States since it is not a Tribal Government and it does not exist.

The Congress of the United States Terminated the Cherokee Nation, at their own request in 1902 and their council voted to agree with the termination a few days later. Thus putting an end to the government of the Cherokee Nation.

Then, in 1906, Congress again terminated the Cherokee Nation under the Curtis Act.

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Now, fast forward 120 years later, the Cherokee Nation is in front of Congress asking that a part of a treaty be upheld, to which the Cherokee Nation has no rights. When the Cherokee Nation was terminated, their rights as a government to those treaties ceased to exist as well.

Now, the Congress needs to understand, that they are holding a Congressional Hearing on November 16th, 2022 to determine if there is a way for the Cherokee Nation to have a portion of a treaty upheld and a representative of the Cherokee Nation be given a seat in Congress.

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If this conversation is to take place with a tribe which signed the treaty and has never been terminated, then they need to be speaking to The Chickamauga Nation. The Treaty Party who signed the 1835 New Echota Treaty are Chickamauga and therefore the heirs and descendants hold the rights to these treaties since The Chickamauga Nation has never been terminated.

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(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.

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