The Cherokee Nation Is Terminated and Does Not Exist
Proof 1 - Act of February 8, 1887 – (Indian General Allotment Act)
[24 Stat. 388, 25 U.S.C. §§331 – 334, 339,341, 342, 348, 349, 354, 381.]
As Amended through P.L. 109-221, Enacted May 12, 2006
SEC. 4. [25 U.S.C. 334] That where any Indian not residing upon a reservation, or for whose tribe no reservation has been provided by treaty, act of Congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land-office for the district in which the lands arc located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations; . . .
SEC. 5. [25 U.S.C. 348] That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever: . . .
SEC. 6 [25 U.S.C. 349] That upon the completion of said allotments and the patenting of the lands to said allottees, each and every member of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner affecting the right of any such Indian to tribal or other property.
SEC 8 [25 U.S.C. 339] That the provisions of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by executive order.
EDITORIAL ASSERTION:
The General Allotment Act SEC 8 [25 U.S.C. 339] specifically states, “That the provisions of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory,. . .” It is now time to ask the obvious question from the actual text, “Why does this law state “territory” and not “reservation”?” It is obvious from the actual text of statute that the above tribes did not occupy a reservation, but that they occupied territory of the United States within Indian Territory.
If you want to go further into the reason the cherokee are not listed as occupants of a reservation, you must go back to the 1828, 1832, and 1835 treaties signed by and co-signed by the Chickamauga. The Chickamauga Nation contractually (by treaty) continue to retain the reservation land claim to the 1828 reservation lands in Oklahoma. While the cherokee co-signed the 1835 New Echota Treaty, According to the Laws of the Cherokee Nation, their government ceased to exist once they crossed out of their territories on the East side of the Mississippi and crossed over to the West side of the Mississippi River into Missouri and Arkansas.
In accordance with the 1835 New Echota Treaty, the cherokee moved onto the 14 County Chickamauga Reservation in Oklahoma and killed all of the Chickamauga Chiefs and leaders then forced an illegal, clandestine cherokee “government” upon The Chickamauga Nation. They failed to realize that under the 1785 Treaty of Hopewell, 7 Statute 18, the Cherokee and Chickamauga agreed that the United States must approve all changes within the government, including the so called “Act of Union” which the United States Congress never consented to approve.
(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.